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Sunday Centerpiece

  • In the dark
    After the East Allen County Schools board heard a consultant’s report last week recommending changes in the way the board does business, President Neil Reynolds suggested a next step that is all too common among Indiana’s local elected
  • Smart ALEC
    Boycott threats pressured dozens of corporations to cut ties with the American Legislative Exchange Council after Trayvon Martin was shot to death in Florida and “stand-your-ground” gun laws were exposed as the shadowy organization’s handiwork.
  • For good schools, vote yes
    Voters who live in the Fort Wayne or East Allen community schools districts have more than candidates to consider in casting primary election ballots this year.
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State law
Indiana Code has numerous language about the residence of candidates. Here are just a few examples:
Residency defined
•Residence means the place where a person has their true, fixed, and permanent home and principal establishment; and to which the person has, whenever absent, the intention of returning.
Requirements
•A person is not qualified to run for a state office, a legislative office, a local office or a school board office unless the person is registered to vote in the election district the person seeks to represent no later than the deadline for filing the declaration or petition of candidacy or certificate of nomination.
•A candidate for the office of governor or lieutenant governor must have resided in the state for at least five years before the election.
•A candidate for the office of representative in the General Assembly must have resided in the state for at least two years and in the house district for at least one year before the election.
•A candidate for membership on common council of a second- or third-class city must have resided in the city for at least one year and have resided in the district in which seeking election, if applicable, for at least six months before the election.
Determining residency
•A person’s residence may be established by origin or birth; intent and conduct taken to implement the intent; or operation of law.
•A person who has a residence in a precinct retains residency in that precinct until the person abandons the residence by having the intent to abandon the residence; having the intent to establish a new residence; and acting as provided in this intent by establishing a residence in a new precinct.
•If a person moves into another state with the intention of making that state the person’s residence, the person loses residency in Indiana.
•If a person moves to another state with the intention of remaining in the other state for an indefinite time as a place of residence, the person loses residency in Indiana, even if the person intends to return at some time.
•The place where a person’s immediate family resides is the person’s residence, unless the family’s residence is a temporary location for the person’s immediate family; or for transient purposes.
•The residence of a person who is unmarried and does not have an immediate family is where the person usually sleeps.
• If a person’s immediate family resides in one place and the person does business in another place, the residence of the immediate family is the person’s residence.
•If a person is living at a place other than the residence of the person’s immediate family and has the intention of remaining at that place, the place where the person lives is the person’s residence.
(NOTE: The description of these laws is taken nearly verbatim from Indiana Code but omits some parenthetical material and punctuation marks in order to convert sub-sections of the laws into sentence form.)
Associated Press
Republican Charlie White

Home, disputed home

Residency a familiar political issue

File
Democrat Tommy Schrader

Charlie White and Tommy Schrader don’t appear to have much in common.

An attorney, White is a Republican accustomed to working in suit and tie. Schrader, a Democrat, doesn’t have a job and speaks to the media dressed in jeans and flannel shirts.

White raised more than $300,000 to run for Indiana secretary of state last year, winning far more votes than his Democratic opponent. His most visible ally is a nationally known member of the Republican National Committee who has represented clients in a number of campaign-related cases across the nation and in the U.S. Supreme Court.

Schrader spent no money running for a City Council nomination this spring and finished third – enough to win one of three slots on the fall ballot for City Council at large. His chief ally is a local businesswoman who rents out bicycles at Headwaters Park.

White has lived in and near the tony Indianapolis suburb of Fishers. Schrader has called at least two different local motels hotels his home in recent months.

What the Republican attorney and the Democrat who gets by on Social Security disability payments have in common are questions whether they were legal candidates when they ran. Those questions stem from another commonality: Political opponents have offered evidence that each didn’t meet state legal tests regarding where they lived.

Residency is a recurring and vexing political issue, one complicated by Indiana’s varying laws. Questions where candidates live and property they own don’t come up every year, and they are more often used as purely political arguments than legal challenges that rise to lawsuits, as in Schrader’s case, or criminal charges, such as those White faces.

Fortunately, state law addresses a number of circumstances, including candidates who have temporary homes, those with second homes and those working in Washington, D.C.

Unfortunately, many of those laws rest on a candidate’s intent.

Where candidates say they live or intend to live goes far, though opponents can offer documents and other evidence – as they are against Charlie White and Tommy Schrader – questioning their stated intent.

Adding to the confusion are the different rules for different offices. Candidates for the U.S. House, for example, can live anywhere in the state where they are seeking office, even outside the congressional district. Most other candidates have to live within the district of the office they seek – a specific council district, for example, or anywhere in the city for a city council at-large seat.

Consider some of the residency questions that have arisen – from highly public to inside political baseball discussions – over the past quarter-century:

Evan Bayh was criticized when he ran for Indiana secretary of state in 1986 because he had been working in Washington, and his candidacy for governor was formally challenged in 1988 because of the rule requiring governors to have lived in the state for the previous five years. Bayh prevailed, though, using the “Absence due to state or federal business” clause in the law.

Dan Coats is among

many candidates hit with the tag of “carpetbagger” for moving to the state or to a district shortly before an election. The term was first used to describe Northern politicians who moved South during the post-Civil War Reconstruction during a time when carpet bags were a practical form of luggage. Nearly 150 years later, the term is still often used.

Eric Doden isn’t the first resident of unincorporated Allen County to move into the city prior to a mayor’s race – former Sheriff Bud Meeks is among those who did so, before his 1983 mayor’s run.

Pat Love was indisputably an Allen County resident when she ran for county assessor in 2002 and pulled a surprise Democratic upset for the office long held by Republicans. But an obscure state law requires assessors also to own property in the county, and she was a renter. She complied by buying not a house but a small piece of vacant land.

Carol Coen lived in her electoral district when she successfully sought a fourth term for Fort Wayne Community Schools board in 2004 but later moved to another district. Though state law apparently allowed her to serve the rest of her term, she resigned – rightly – before the 2008 election.

Win Moses, Thomas Wyss and other state legislators have been criticized for owning homes in Marion County while representing the Fort Wayne area in the state legislature. But the law clearly allows such second homes, which are treated no differently from a lake cottage, for example. The beleaguered White, in a letter to Allen County Prosecutor Karen Richards, threatened to challenge Moses’ residency as well. Any such challenge would be futile.

Some questions about residency, particularly for candidates with multiple homes, can be simply answered: The candidate’s home is where he or she says it is intended to be and, as long as the politician doesn’t try to claim two places as the principal residence, will often prevail. But political opponents can dig for documents that contradict the politician’s stated intent.

In Indiana, one of the best pieces of evidence is the homestead exemption, which homeowners can receive only for their primary residence. That could well hurt White, who was registered to vote at his ex-wife’s address while maintaining a legal homestead at another.

Another good source of evidence comes in simple voting records, and Schrader’s attempts to remain on the City Council ballot for November face a huge obstacle because he voted in Wisconsin’s May primary even while running for office in Fort Wayne.

White, the buttoned-down GOP lawyer, and Schrader, the unemployed Democrat who had porn movies playing on his motel TV when interviewed by journalists, have something else in common: when their residencies were in question, both appeared to, in some ways, be transients.

Indiana law, among other elements, describes a candidate’s residence as “the person’s true, fixed, and permanent home” – which creates some questions when the candidate doesn’t seem to have one.

Tracy Warner, editorial page editor, has worked at The Journal Gazette since 1981. He can be reached at 461-8113 or by email, twarner@jg.net.