Edited Pendarvis email
Tx Libertarians in
This is a matter of official corruption aimed at
their voting rights in a Texas county.
My name is Larry Pendarvis. I have learned that there is
from Loving County, Texas, for the arrest of me and two of
my friends, for
the crime of "knowingly making a false statement on a voter
I am a libertarian. I and some other libertarians have tried
to register to vote in Loving County.
|"We are looking for ways of restoring freedom
to Loving County, Texas. The primary emphasis will be
on a libertarian philosophy with pro-choice. The focus
of discussion will be on practical matters of
restoring freedom (To Loving County)."
Committee to Restore Freedom to Loving
I formed a Texas Corporation (LibHome Corporation) to
handle the eventual subdividing into 10.1-acre lots of 126
acres of land. We put a "Motor Home" on the land and
acquired a Mentone (Loving County) Post Office Box. We spent
considerable time on the land, including overnight stays in
the motor home; and we decided to make Loving County our
principal residence from that day forward.
We relied on a Texas Secretary of State Opinion:
"The meaning that must be given to it [residence] depends
circumstances surrounding the person involved and largely
the present intention of the individual. Volition, intention
and action are
all elements to be considered in determining where a person
such elements are equally pertinent in denoting the
permanent residence or
domicile.... Neither bodily presence alone nor intention
suffice to create the residence, but when the two coincide
at that moment the
residence is fixed and determined. There is no specific
length of time
for the bodily presence to continue."
|"The essence of our plan is to register
enough of our voters to win, even if all the current
registered voters vote against us".
Committee to Restore Freedom to Loving
This was based on Mills v. Bartlett,
377 S.W.2d 636, 637 (Tex.1964).
(2004 opinion) There have been federal cases too that support the
eligibility of, for example, students to vote where they go
A few weeks ago Bobby Yates Emory and I applied for a Texas
and we put a checkmark in the box where it says "Do you want to register to
We had already determined to live in Loving County. A few
Don Duncan did the same thing.
On the night of 11/1/05, my telephone answering machine
message from a Texas Ranger who said that Bobby, Don, and I
were the subjects of a Criminal Investigation. On 11/3, Don
talked to that Ranger ("Brian") and learned that we were
being charged with "KNOWINGLY MAKING A FALSE STATEMENT" on a
voter registration application.
Ranger Brian said that soon they were going to up the
charge to CONSPIRACY (which I assume will make it a Felony),
since three of us did it. (If three people drive drunk back
from the same party, is that a Conspiracy? Even assuming we
LIED, in furtherance of what criminal attempt was that? It
would simply be three separate acts, in furtherance of a
LEGAL GOAL.) Here is a copy of the Wanted Poster - I put it
on one of our web sites: http://LovingCounty.org
Our goal has been to gather together in one place where
libertarians can have control over the priority in which
Texas Laws are enforced; so that preference is given to REAL
CRIMES, and what we consider to be "Victimless Crimes" will
be given low (VERY LOW) priority. It is our belief that this
is within the legal powers of a Texas County Government, at
least as far as how the resources of the County Officers are
to be prioritized.
We have been trying to buy land in Loving County since
the end of 2004. I have, on several occasions, won the
bid on land that was being sold on eBay, but when the seller
found out it was I or my Corporation, they reneged on the
In January of 2005, Doug Caffey, the head of all
the companies engaged in the eBay sales, told me in a long
conversation that they were asked by the County Judge (or
the Sheriff, I cannot remember which one he said) not to
sell to any of us, since "the powers that be" in Loving
County had already learned that we were libertarians and
they didn't want us there.
More recently, The St. Petersburg Times did an
article about my intentions. They interviewed Sheriff Hopper
and quoted him as saying that they didn't want us there. (Times
(BTW, I did subsequently sell the island - for a lot more
than I had
A few months ago one of our group (Susan Hogarth) also
bought one of
the lots on eBay. This time they didn't realize it was our
group, at first, and so this time they accepted her down
payment. They cashed the check.
Then they sent her a coupon book to make monthly
payments. Then she made a monthly payment. They cashed that
check too. Then she asked how much
the payoff would be, and she sent them a check to pay off
the entire amount
and get her warranty deed, as they had said in their eBay
ad. They cashed
THAT check too! But about that time they realized what was
they never sent her the deed.
She kept calling and they kept telling her it was being
processed in the Loving County Courthouse. Finally she
stopped dealing with them and tried talking to Western
Abstract & Title, in Pecos. They are the ones who were
handling the transfer, and they were the Trustee named in
the "Deed of Trust" that Susan had signed and notarized and
sent them with the down payment.
It is my understanding that that Deed of Trust has to be
Recorded in the County Courthouse. But on 11/3 Susan was
finally told by the Trustee that they never filed the deed!
A few days before that she had called the courthouse and was
told that nothing had ever been filed under her name.
Now the seller (Doug Caffey, again) tells her that he
made a mistake,
and that this other guy had owned the land for a year, and
have sold the land that they did not own.
It is obvious to me that they DID own the land, and they
want to sell to her. I further SUSPECT that a Deed of Trust
WAS recorded, and the Official Government Records have since
been altered. They claim that
it is common practice for them not to file the Deed of Trust
until after 5 or
6 payments have been made since so many people default and
that makes it
easier to repossess the land.
IF TRUE, that in itself sounds like a violation of Texas
law. But it is not true; some of the correspondence with
Susan stated that they had mistakenly put the wrong person's
name on the deed, and were working toward correcting that
Overall, I believe that it is a case of fraudulent
embezzlement, among other things - but of course I am not a
Now they want to give the money back and forget the whole
thing, but we
have refused. You can't embezzle money, or knowingly sell
don't own, and then when caught give the money back and
punishment, can you?
All of these real estate shenanigans by the companies of
Associates and Western Abstract & Title have been aimed at
from acquiring land where we can live and vote in Loving
County; this was at
the behest of Sheriff Billy Hopper and the County Judge, who
have access to
the Official Government Records and have altered and/or
destroyed some of
The immediate problem is the arrest warrants for me and
Bobby and Don.
We need to have them quashed, if possible. If not, we need a
help us get "booked" and immediately bailed out, as I saw
happen to Tom DeLay in Texas recently. And we must NOT be
turned over to the Loving County Sheriff, who is the perp in
this case! That would be dangerous to our
Even if we are deemed not to be residents of Loving County,
nevertheless true that we THOUGHT we were, based on the
of State Opinion; and so we did not KNOWINGLY make a false
We even had a signed, notarized lease agreement from
Susan Hogan (who had just made the final payment on the land
and had confirmed to us that her payoff check had been
cashed by Yellowstone Mortgage Company) at the time of the
statement, and we honestly thought that our motor home, on
our leased land, entitled us to register to vote.
Even if we are, legally, SQUATTERS, we ought to be
allowed to vote! Heck, I think even homeless people are
supposed to be allowed to Vote, aren't they?
Here is the Texas Attorney General's
Official Opinion on that subject:
"We emphasize that it is not a criminal offense in
this state if an
applicant for voter registration believes, however
mistakenly, that the
applicant is a resident of the county in which the applicant
The State of Texas is under Federal Voting Rights Act
Therefore they are not allowed "to employ test or devices in
determining a person's eligibility to vote in any Federal,
State, or local election.
The term test or device means any requirement that a
person as a
prerequisite for voting or registration for voting (1)
demonstrate the ability to
read, write, understand, or interpret any matter, (2)
any educational achievement or his knowledge of any
(3) possess good moral character, or (4) prove his
voucher or registered voters or members of any class."
Sheriff Billy Hopper has said that he doesn't want us in
because of (3) our unacceptable moral precepts (3), which
allowing a government to use force to punish people who
prefer not to
wear clothing, or who choose to marry more than one wife
and/or husband, or
who gamble with their own private property, or who engage in
competitive games such as dueling and bumfights.
Loving County is 100% white (including some whites with
surnames). They are using extraordinary means to ensure that
NO ONE other than relatives of current residents (that
means, no blacks or libertarians)
can move there and Vote. (This was admitted to one of our
Don Duncan, in a conversation with a Texas Ranger on
I hope that you can help us find an excellent Texas attorney
able to help us. Although the immediate need is for a
criminal lawyer for the
warrants, we also need a real estate lawyer to handle the
transactions, and the fraud against us.