Opponent calls for investigations of U.S. Rep. Robert Wexler's residency

Wexler's opponent calls for state, federal investigations

By Scott Wyman and Brittany Wallman | South Florida Sun-Sentinel

July 26, 2008

One of U.S. Rep. Robert Wexler's election opponents is seeking state and federal investigations into questions surrounding his residency in Florida.

Former Broward County Mayor Ben Graber wants to know if Wexler has violated any tax or voting laws and whether he is even qualified to run for office. The Democratic congressman owns only a home in Maryland and uses his in-laws' house in a Delray Beach seniors-only community to meet residency requirements.

"I see a pattern of betrayal by Congressman Wexler that is continuing," Graber said during a Friday news conference. "He does not represent his constituents. He may well have been falsely representing them for 11 years."

Graber, who is running with no party affiliation, wants Florida elections officials to determine if Wexler meets residency requirements to be registered to vote and run for office. He also wants Maryland tax officials to investigate if Wexler has violated that state's income tax laws. And he wants Congress to explore if Wexler has abused any of its housing or travel perks.

Wexler's office said he does not use the housing write-off that members of Congress can receive on their taxes and noted there is a federal law that says members of Congress have to pay income tax only in the state they represent. His office also said Wexler meets Florida's residency requirements, citing a 1879 opinion of the state Supreme Court.

"Courts have ruled over and over that a member of Congress is automatically a resident or inhabitant of their state," said Eric Johnson, Wexler's chief of staff.

Jennifer Davis, a spokeswoman for Secretary of State Kurt Browning, said the office usually forwards complaints about a voter's residency to state law enforcement to investigate and that each case must be reviewed based on its own circumstances. A 1993 opinion from the office said a person's intent to be a resident is not good enough to meet the voting requirement, but that there must be evidence such as a state driver's license, tax receipts, a local bank account, relocation of personal items or the purchase or rental of a home.

Scott Wyman can be reached at swyman@sun-sentinel.com or 954-356-4511.