Yes, it's legal -- but only because the CA office of elections covers their ears and eyes and pretends not to know the 77-year-old Stark doesn't really live with his in-laws.
Rep. Fortney “Pete” Stark (Democrat-Californyland) has represented California’s 13th Congressional District since January 1973. In 2007 and 2008, though, he claimed Anne Arundel County, Maryland, as his home, filing for tax exemptions on a waterfront house he claims is his only residence.
A fact sheet provided by the California secretary of state’s elections division (”Summary of Qualifications and Requirements for Partisan Nomination for the Office of United States Representative in Congress“) suggests that any candidate, incumbent or not, must at very least be a resident of the state in order to run for Congress:
I. QUALIFICATIONS
Every candidate shall:
A. Be at least 25 years of age, a U.S. citizen for seven years, and a resident of California when elected.
Emphasis added. Further, the U.S. Constitution seems to be fairly clear on the issue of residency and eligibility for Congressional office. From Article 1 § 2:
No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
When contacted by Bloomberg news, Stark (D-CA? MD?)claimed the Maryland house as his only residence. “I don’t have, I don’t own another residence,” he said, adding that he spends “about two-thirds of the year” in Maryland.
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