Thursday, October 05, 2006

Strickland's Residency Problem

This just in...
COLUMBIANA COUNTY REPUBLICAN PARTY
Press Statement

IMMEDIATE RELEASE
Wednesday, Oct. 4, 2006
Contact: David Johnson, Chairman of Columbiana County GOP
(330) 223-1511

Democrat Challenges Ted Strickland's Residency

LISBON - Democrat Jacquelyn Long of East Liverpool today challenged the candidacy of gubernatorial candidate Ted Strickland to the Columbiana County Board of Elections because of allegations of election fraud in Columbiana County.

"I am tired of seeing political commercials of Ted Strickland claiming he lives in Lisbon when he actually resides in Columbus," said Long. "This is exactly why I filed this challenge against him. He doesn't pay taxes here, so he shouldn't vote here."

Pursuant to Ohio Revised Code, R.C. 3503.24(C), Long asked the Columbiana County Board of Elections to remove Ted Strickland's name from the registration list and cancel his voter registration.

"I am glad Ms. Long has decided to step up and air out the truth about Ted Strickland's residence. For a number of years we have known that he is not a residence of Lisbon. It is time that the Columbiana County Board of Elections remove Strickland's name from the list of registered voters," said David Johnson, chairman of the Columbiana County Republican Party. "Since the Strickland Campaign has made
"ethics" and "honesty" such an issue in this campaign, I think whether or not Ted Strickland is telling the truth about his residency is of particular importance. Ohioans have aright to know if Ted Strickland is telling the truth on this matter. And, frankly, if he is not telling the truth, he may well be in violation of Ohio elections law."

The basis of Long's protest is that Ted Strickland does not reside in Columbiana County and is not properly registered to vote there. On Sept. 29, 2003, Ted Strickland completed and signed under penalty of election falsification an application for voter registration. On that application, Ted Strickland listed his address as 320 N. Market Street in Lisbon.

On April 2, 2003, Ted and Frances Strickland purchased a condominium at 5561 Chowing Way in Columbus. In connection with that purchase, Ted Strickland completed and signed a Real Property Conveyance Fee Statement of Value and Receipt, indicating that the property would be his "principal residence by January 1" of 2004. The question on the Statement concerning whether the Columbus property was his principal
residence was in connection with Ted Strickland's application for a 2.5 percent homestead tax reduction.

Upon information and belief, Ted Strickland received the homestead tax reduction in 2004 and 2005. A new application is not required each year; rather, the application is deemed to be continuing in nature, and applicants are under a duty to notify the County Auditor if any of the information in the application changes. Ted Strickland has not notified the Auditor of any change in the information in the original Statement. Ted Strickland has also identified the Columbus Property as his current address on his most recent federal and state income tax forms.

Applicable Ohio law:

R.C. 3503.01 provides:

Every citizen of the United States who is of the age of eighteen years or over and who has been a resident of the state thirty days immediately preceding the election at which the citizen offers to vote, is a resident of the county and precinct in which the citizen offers to vote, and has been registered to vote for thirty days, has the qualifications of an elector and may vote at all elections in the
precinct in which the citizen resides.

R.C. 3503.02 is the statute applicable for determining a person's residence, for purposes of registering to vote or voting. That statute provides, in applicable part, that:

All registrars and judges of elections, in determining the residence of a person offering to register or vote, shall be governed by the following rules:

(A) That place shall be considered the residence of a person in which the person's habitation is fixed and to which, whenever the person is absent, the person has the intention of returning.

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(C) A person shall not be considered to have gained a residence in any county of this state into which the person comes for temporary purposes only, without the intention of making such county the permanent place of abode.

(D) The place where the family of a married person resides shall be considered to be the person's place of residence; except that when the spouses have separated and live apart, the place where such a spouse resides the length of time required to entitle a person to vote shall be considered to be the spouse's place of residence.

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(I) If a person does not have a fixed place of habitation, but has shelter or other location at which the person has been a consistent or regular inhabitant and to which the person has the intention of returning, that shelter or other location shall be deemed the person's residence for the purpose of registering to vote.

Pursuant to R.C. 3599.12:

(A) No person shall do any of the following:

(1) Vote or attempt to vote in any primary, special, or general election in a precinct in which that person is not a legally qualified elector;

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(B) Whoever violates division (A) of this section is guilty of a felony of the fourth degree.

For additional comments, contact Columbiana County Republican Party Chairman David Johnson at (330) 223-1511.
Interesting that a Democrat has brought this up...

UPDATE: Matt at Lincoln Logs Blog has more...

UPDATE 2: Tom from BizzyBlog also has commentary on this story.