BAYH PRODUCT
I will freely admit to engaging in some speculation right now so take this with a big grain of salt.
City officials say outgoing Councilor Patrice Abduallah’s votes were valid and there is case law to prove it. They haven’t cited the cases yet, but one they may to try cite a case involving U.S. Senator Evan Bayh. When Bayh ran for Governor in 1988 some citizens challenged his residency saying he was a D.C. resident and not one of Indiana. Bayh defeated the challenge as the courts fundamentally held that intent defines residency more than where you are.
Since then there has been more statutory clarification such as where you sleep, what’s on your driver’s license, the address in your checkbook, etc. The city may argue that even though Abduallah did not live in his district, his intent was to be there, therefore his votes were valid.
They may also try to argue that courts have been hesitant to negate votes of lawmakers who are found to be ineligible to hold an office because they were appointed or elected to another.
The problem with both those analysis is that by resigning his position, one could argue that Abduallah admitted he never should have been in the District. And if his intent was to stay he would have never stepped down.
This is all speculation on my part and we’ll know more later this afternoon.
Stick around.
August 16th, 2007 at 11:58 am
Please read prior rulings regarding the enrolled act doctrine. It most probably applies to municipal ordinances as well.
August 16th, 2007 at 12:28 pm
Mr. Abdullah is married. For married candidates the Code states “where the immediate family resides. Where does his wife reside? I believe it on the eastside of Center Township, not Wayne Township.
Case law for Superior Court Judge in Kosiosko County in Northern Indiana.
Residency laws for federal candidates are more liberal than for local elections. Check it out.
August 16th, 2007 at 1:01 pm
correction: Kosciusko County
August 16th, 2007 at 1:36 pm
What is the “intent” crap? If I “intend” to go to work, will I still get paid? If I had the “intent” in paying my tax bill, will the county accept that? Intent is just a way of side stepping the truth to get out of your responsibilities.
August 16th, 2007 at 4:21 pm
Abdul…when you are going to come out with the junk on Wilson46204????? I cannot stand waiting…..it is killing me
August 16th, 2007 at 4:46 pm
Poor “MW” is consumed with her nosiness about a private citizen, not an elected official. She wants to distract from serious political discussion onto gossip and innuendo. I bet she buys every copy of those gossip tabloids at the supermarket checkout line!
August 16th, 2007 at 5:03 pm
Puleeeze ignore Wilson.
August 16th, 2007 at 5:19 pm
I intend to relocate from Indianapolis (and avoid the 65% COIT increase), can I claim residency elsewhere?
Further, I intend to relocate my house with me – out of Washington Township where I was facing an 88% increase. Can the assessor base my property tax on my intended destination.
If Mike O’Connor’s case law works for candidacy, then why not for the taxpayer?
August 16th, 2007 at 5:31 pm
mr. wilson, you are such a gadfly it is impossible to ignore you. you have brought this upon yourself. you know that when you embed yourself in politics the way you have, you invite scrutiny of yourself. in addition, you may want to reflect on things you have done to and said about private citizens. you are a hypocrite.
August 16th, 2007 at 6:36 pm
Funny wilson…..but not a woman….sorry to break your heart….you know something Wilson? I feel for you man….why? Because they (democrats) got the blinders over your eyes. Open the shade man and take a look. You just might find that they are real messed up
August 16th, 2007 at 11:59 pm
If you’re going to relate the story, Abdul, you need to get it right:
The year was 1986, actually beginning in late 1985. The state Republican Party put up Rob Bowen for SOS, and Evan was running. The Republicans challenged Evan’s residency, and the case was trasnferred to Shelby Circuit COurt.
He was defended by the late Jon Krahulik, whom Evan later rewarded by naming him a Supreme. And he was a damned good one, too.
Evan went on to trounce young Bowen, and the rest, as they say, is history.
But, friend, this did not happen in the gubernatorial race. That is what the GOP feared Evan would go for, and they were brazenly trying to cut him off at the pass. They failed miserably, before a hard-right conservative Republican judge, yet.
And they ended up giving Evan a whole bunch of pity party votes.
Patrice’s pity party is over.
August 17th, 2007 at 1:34 pm
So, if my INTENT is to live on the moon, I should not be required to pay any Indiana taxes.
August 19th, 2007 at 4:09 pm
I thought that the point hinged on “in good faith”. I don’t think that Mr. Abdullah went through all of this “in good faith”. He knew he was deceiving both his former constituents and his own party by running and accepting an elected office under fraudulent conditions.
If “in good faith” is the determiner, then I believe that Mr. Abdullah’s votes while fraudulently occupying a Council set would be challengable in court.