Sen. Richard Lugar: Indiana wants me, but I don’t have to live there

Posted by AzBlueMeanie:

You will recall that earlier this month Indiana Secretary of State Charlie White was found guilty of felony voter fraud charges, and Governor Mitch Daniels appointed Jerry Bonnet as interim secretary of state. Secretary of State Charlie White convicted of felony charges:

The charges centered around allegations that White was registered at his ex-wife's home when he voted in the May primary even though he lived at a new townhouse on the other side of Fishers, making him ineligible to run for office. He admits the mistake but denies an effort to deceive calling the incident “an honest mistake.”

* * *

A guilty verdict means that Charlie White can no longer serve as secretary of state, but there will be a fight over his replacement and who picks that replacement.

The normal chain of events would call for Gov. Mitch Daniels to fill the vacancy, and Daniels, a Republican, would almost certainly choose another Republican.

However, it's likely Democrats will turn to the courts in an effort to prevent a Daniels selection. That's because a Democratic Party challenge to White's election has already produced a ruling from Judge Louis Rosenberg that calls for the Republican White to be removed and replaced by the second place finisher in the 2010 election, Democrat Vop Osili, who now serves on the Indianapolis City County Council.

Rosenberg's ruling is on hold by order of the state Supreme Court. And it is the Supreme Court that will likely decide how White's replacement will be chosen.

In addition, White's attorneys said they would attempt to get the original felony criminal charges reduced to misdemeanors, in which case a guilty verdict would not mean automatic removal from office for White.

OK, so our baseline legal ruling is that if you don't reside where you claim to reside in Indiana, you are ineligible to hold public office. Or is it?

Indiana's U.S. Senator Richard Lugar has not resided where he claims to reside in Indiana since 1977, for some 35 years!

RTV6 (ABC) theindychannel.com reported Lugar defends himself on residency question:

Sen. Richard Lugar defended himself during an appearance in Indianapolis on Monday that came days after opponents claimed that he isn't qualified to run for office because he doesn't live in the state.

Lugar said two attorneys general have affirmed his position that the Indianapolis address on his Indiana driver's license is valid, even though he sold that home in 1977.

Lugar said he and his wife sold their house in Indianapolis because the only way they could afford to keep the family together and be part of their sons' school and after-school activities was to move to Washington, D.C. full time and buy a home there.

* * *

It was too expensive, at least for us at that time in our lives, to maintain two houses," Lugar said. "So we sold the house the following year after we had been elected."

Lugar said he's confident that the previous ruling passes legal muster and that voters won't hold the situation against him.

That was in 1977 — Lugar hasn''t resided at his address of record for 35 years.

"We've had the issue for the whole time I've served in the Senate," Lugar said. "This is why I asked for a ruling early on, when I was first elected, to make certain the residence situation was proper and correct."

Lugar also owns a farmhouse where his son lives, but he said he will not take that as his official residence because it wouldn't be accurate.

Lugar said he isn't sure what address is on his Indiana driver's license but presumes it was from the house he no longer owns.

Wait, Lugar won't use the address of a property he owns because "it wouldn't be accurate," but he uses the address of a property he has not owned since 1977 because it is accurate? How is this not exactly the same as Secretary of State Charlie White who was just removed from office by the state's highest court?

This is how it is different:

Last week, an Indiana tea party group accused Lugar of voter fraud and sought to have him removed from the ballot. Challenge to Lugar's Residency Rejected:

The Indiana Election Commission has rejected a challenge to Senator Richard Lugar's residency.

Two of the four Election Commission members say they're troubled that Lugar doesn't have a current Indiana address — but all four agree that he's legally a resident.

Lugar's attorney Wayne Turner says the Indiana Constitution "freezes" your residence if you're elected to Congress. Your address then remains your address until your time in Washington ends. He notes Attorney General Greg Zoeller's office offered the same interpretation.

* * *

[P]ast cases have held that a candidate's intent is paramount in determining his residency. He says the fact Lugar has maintained his Indiana driver's license and sought guidance from the attorney general on three different occasions is evidence he intends to retain his Hoosier residency.

This is the craziest piece of election law I have ever run across. Once you are elected to Congress you no longer have to reside in Indiana because your "address is frozen" from the time of your election? How many other members of the Indiana delegation are not currently residents of Indiana? Indiana is Alice in Wonderland crazy. Hoosiers need to amend their state constitution to remedy this fiction.