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TexasTowelie

(112,632 posts)
Sat Oct 24, 2020, 03:53 AM Oct 2020

Mar-a-Lago is taxed as a private club, not a residence. So can President Trump vote as a Florida man

Mar-a-Lago is taxed as a private club, not a residence. So can President Trump vote as a Florida man?


President Donald Trump is planning to cast his ballot in person for the first time in Palm Beach County this weekend.

But some have questioned whether he can legally vote as a Florida man because his Mar-a-Lago estate in Palm Beach is taxed as a private club and not as a residential property. Jim Watson, a Boynton Beach resident, filed an elections fraud complaint in June challenging Trump’s ability to vote in Florida, The Washington Post reported.

Trump intends to cast his ballot on Saturday at one of Palm Beach County’s 18 early-voting sites, White House officials said. In the two primary elections earlier this year, he voted by mail.

Palm Beach County Supervisor of Elections Wendy Link says Mar-a-Lago’s zoning status is irrelevant in whether he can register to vote using that address.

Read more: https://www.sun-sentinel.com/news/politics/elections/fl-ne-how-can-trump-vote-20201023-tetnflz3uzflrjjmnbxt3wn3ji-story.html

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Mar-a-Lago is taxed as a private club, not a residence. So can President Trump vote as a Florida man (Original Post) TexasTowelie Oct 2020 OP
You know what Wendy? I think you're wrong ... it's not merely a zoning status (nt) mr_lebowski Oct 2020 #1
Yeah what about a bum who hangs out a lot at a cigar store? Captain Zero Oct 2020 #2
Fact is we probably can't get him on voter fraud because of the flexibility of FL law mr_lebowski Oct 2020 #3
This sheds some light on it mercuryblues Oct 2020 #4
Yes he can declare himself a Floridian. Smackdown2019 Oct 2020 #5
Trump signed an agreement with the county years ago csziggy Oct 2020 #6

Captain Zero

(6,859 posts)
2. Yeah what about a bum who hangs out a lot at a cigar store?
Sat Oct 24, 2020, 04:54 AM
Oct 2020

Can he claim the cigar store as a voting address? It's zoned as a business.

 

mr_lebowski

(33,643 posts)
3. Fact is we probably can't get him on voter fraud because of the flexibility of FL law
Sat Oct 24, 2020, 05:08 AM
Oct 2020

BUT ... "In a 1993 agreement with the Palm Beach town council, and in return for certain tax benefits, Mr. Trump had agreed that he would not reside at Mar-a-Lago. He agreed that it would be a private club and transferred ownership to a Trump corporate entity."

Tax Fraud? That might be a case that one could make.

mercuryblues

(14,552 posts)
4. This sheds some light on it
Sat Oct 24, 2020, 07:47 AM
Oct 2020
“The Florida Election Code does not define the term legal residence,” he said. “As such, it is up to the SOE (supervisor of election) to determine where a person lives.”

State guidance on the issue notes that legal residency is not defined in Florida law, but the courts and the state’s division of elections have “construed legal residency to be where a person mentally intends to make his or her permanent residence.”

Evidence of that intent can come from obtaining a Florida driver’s license, paying tax receipts, paying utility bills for the residency, claiming a homestead property tax exemption, receiving mail at the address, declaring a county as domicile and “doing other activities indicative or normally associated with home life,” according to the guidelines from the Florida Department of State.

“A business address is not typically a satisfactory legal residential address but if the person resides there despite the zoning ordinance, the address could become the person’s legal residential address,” the guidelines read.

more at:
https://news.yahoo.com/mar-lago-taxed-private-club-233900115.html

Smackdown2019

(1,192 posts)
5. Yes he can declare himself a Floridian.
Sat Oct 24, 2020, 09:22 AM
Oct 2020

A resort can have a residential quarters, same as a hotel, community centers of homeless, churches and other housing facilities. Mutiple people live in their businesses; which could include a top story, back room or even a cabin. It doesn't matter what the place is define as a business, it is if the business accepts the resident of being at that address. So when voter registration cards are sent to said business address, it needs to accepted to valid. If refused by the business, then further investigation can be warranted for validity of said individual claiming to be a resident of said address.

csziggy

(34,139 posts)
6. Trump signed an agreement with the county years ago
Sun Oct 25, 2020, 12:58 AM
Oct 2020

When he converted Mar-A-Lago to a club. The legal document states that the club CANNOT be used as a private residence unless the entire property is converted back to a private residence. It is very specific and also limits the amount of time that club member may use their apartments.

Here is the complete agreement: https://context-cdn.washingtonpost.com/notes/prod/default/documents/acba1057-0ae4-4b51-8566-d0974a0c42da/note/77d00f95-858e-416b-97e0-5076fa196373.#page=1

From the agreement:

The guest suites as set forth in the Plan shall be limited to the use of Club members, shall be limited to ten (10) in number, shall not be open to the public, and shall not be advertised. No kitchen or other food preparation facilities shall be allowed in any of the guest suites. The use of guest suites shall be limited to a maximum of three (3) non-consecutive seven (7) day periods by any one member during the year. The operations of the Club shall not result in a nuisance to any of the neighboring properties.



The Land, as described herein, shall be considered as one ( 1) parcel and no portion thereof may be sold, transferred, devised or assigned except in its entirety, either voluntarily or involuntarily, by operation of law or otherwise. This provision shall not preclude the dedication of right-of-way for road improvements required by governmental authority. No portion of the Land or structures thereon shall be condominiumized or changed to a cooperative form of ownership. This provision shall survive the use of the property as a club and shall apply to any subsequent use of the property.



If the Club use is unintentionally abandoned for a period of one (1) year after the Club has been in operation, or is intentionally abandoned at any time, the use of the Land shall revert to a single family residence and the ownership of the Owner. Bylaws and or documents relating to the Club membership shall include an agreement to be executed by Club members acknowledging their understanding of and consent to the terms of this agreement, and specifically agreeing to the reversion of the Land to Owner, and its return of the Land to use as a single family residence, in the event of intentional or unintentional abandonment of the Club use. Owner, Club, and Club members shall agree to hold the Town harmless from any liability or claim against the Town resulting from the enforcement of the terms of this Agreement, the reversion to single family use, the reversion to Owner or any other claims resulting therefrom .


By using the club as his primary residence Trump is violating the agreement. Mar-A-Lago should forcably be returned to a private residence and Trump should have to pay single family residential taxes on the entire property - which is what he was trying to get out of by converting it to a club.

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