Focus on felonies: Election board revises list of laws for hearing on Bloomington Dem’s residency

At its meeting last week, Monroe County’s election board voted to set a hearing for May 18 on the matter of Democrat David Wolfe Bender’s residency, as a Bloomington city council candidate for District 6.

This week on Friday, the board revised the list of specific Indiana state election laws that it wants to cite for its determination “that there is substantial reason to believe an election law violation has occurred.”

A list of four statutes that the board had previously cited was revised to two different laws that are the basis of the board’s determination:

IC 3-14-1-13 Filing fraudulent reports

IC 3-14-3-1.1  Procuring or submission of false, fictitious, or fraudulent registration application; procuring, casting, or tabulating false, fictitious, or fraudulent ballot

Both are Level 6 felonies.

The board’s investigation into Bender’s residency, is based on a complaint that was made by William Ellis, who is vice chair of the Monroe County Republican Party.

Ellis’s complaint was based on an Indiana Daily Student (IDS) article published on Feb. 17, 2023. The headline to the IDS piece describes the basic idea of the complaint: City Council candidate David Wolfe Bender is running in District 6, residents say he doesn’t live there.

Bender has indicated to the board through his legal counsel that he intends to withdraw as the Democratic Party’s nominee after the primary election. He’s the only candidate on the ballot, so there’s no question he will be the nominee. Continue reading “Focus on felonies: Election board revises list of laws for hearing on Bloomington Dem’s residency”

District 6 Bloomington Democrat’s residency: Election board sets May 18 hearing, no subpoenas

A hearing on the matter of Democrat David Wolfe Bender’s residency, as a Bloomington city council candidate for District 6, has now been set by Monroe County’s election board for May 18.

The three-member board set the date on a unanimous vote taken at its Thursday meeting.

The date falls roughly two weeks after the May 2 primary election, which will undoubtedly make Bender the District 6 city council nominee for the Democratic Party. He’s the only candidate on the ballot.

But Bender previously conveyed through his attorney, an intent to withdraw as the District 6 nominee: “David [Wolfe Bender] has decided to withdraw his candidacy for Bloomington Common Council District 6.”

Bender’s name will appear on the primary ballot, because the questions about his residency, which were raised by an Indiana Daily Student article published on Feb. 17, 2023, did not come to light until after the Feb. 10 deadline for challenges to be made.

Assuming Bender does withdraw as the nominee after the primary, the Democratic Party could place an alternate candidate on the November 8 city election ballot.

After the May 18 hearing, the board could refer the matter to the county prosecutor, who could then decide whether to bring charges. Continue reading “District 6 Bloomington Democrat’s residency: Election board sets May 18 hearing, no subpoenas”

A decision to withdraw: Democratic Party city council candidate under investigation over residency

“David [Wolfe Bender] has decided to withdraw his candidacy for Bloomington Common Council District 6.”

That’s the opening line of a letter received by Monroe County’s election board from Bender’s attorney, Manny Herceg, with the Taft-Jaffe law firm.

An Indiana University student, Bender is the sole Democrat for District 6 who appears on the May 2 primary election ballot. District 6 is centered around the university campus and downtown—its entire area is north of 3rd Street.

The letter was read aloud by Monroe County clerk Nicole Browne at Thursday afternoon’s meeting of the three-member election board.

The board’s meeting this Thursday was a continuation of its meeting last week, when the board started an investigation into whether Bender’s candidacy broke any election laws.

The investigation was based on a complaint made by vice chair of the Republican Party, William Ellis, which in turn was based on an Indiana Daily Student article published on Feb. 17, 2023.

The headline to the IDS piece describes the basic idea of the complaint: City Council candidate David Wolfe Bender is running in District 6, residents say he doesn’t live there.

The election board did not decide much on Thursday, but did make some incremental progress, and agreed to resume meeting on the topic in two weeks, on March 23. Continue reading “A decision to withdraw: Democratic Party city council candidate under investigation over residency”

Residency of District 6 Bloomington city council candidate to be investigated by election board

The first step of a formal investigation into the residency status of Bloomington city council candidate David Wolfe Bender has now been taken.

At its regular meeting on Thursday, the three-member Monroe County election board voted unanimously on a motion that concluded that there is enough reason to believe that an election law has been violated, to set a hearing “at the earliest possible time” after witnesses have been notified they have to appear.

The board was acting Thursday on a complaint brought by Monroe County Republican Party vice chair William Ellis, which was based on an Indiana Daily Student article published on Feb. 17, 2023.

The headline to the IDS piece describes the basic idea of the complaint: City Council candidate David Wolfe Bender is running in District 6, residents say he doesn’t live there.

As a practical matter, the Feb. 10 deadline for withdrawing from the primary has passed. That’s also the deadline for someone to challenge a candidate’s residency claim.

So Bender will appear on the ballot as the sole candidate for the Democratic Party’s nomination for District 6 city council, which means he will win the primary election. Continue reading “Residency of District 6 Bloomington city council candidate to be investigated by election board”

Monroe County GOP gives greenlight to county chair to fill ballot vacancies

At a meeting of Republican Party precinct chairs held at Ellettsville town hall on Tuesday evening, they gave county party chair Taylor Bryant the authority to fill vacancies on the Nov. 8 election ballot.

Bryant would have until noon on July 3 fill ballot vacancies.

Before the vote, county vice chair William Ellis said Bryant’s authority is just for cases where no GOP candidate filed for the May 3 primary election, and does not extend to filling a vacancy for an office due to resignation or death.

As of Tuesday, the GOP does not have on-the-ballot candidates for several Monroe County races, like prosecutor, clerk, assessor, and two judgeships. That’s due in part to the fact that Monroe County voters favor Democratic Party candidates. In the 2020 presidential race, Democrat Joe Biden won over Republican Donald Trump by a 28-point margin.

Responding to a B Square question after Tuesday’s meeting, Bryant said for township trustee and township board positions she’s heard some interest expressed from potential candidates. About county-level positions, Bryant said, “We’ve had some conversations—I don’t know if we’re going to get anybody for those.” Continue reading “Monroe County GOP gives greenlight to county chair to fill ballot vacancies”

Two people, one seat for Bloomington’s plan commission vacancy: Will a judge decide who sits there?

The city of Bloomington confirmed to The Square Beacon on Thursday afternoon that the mayor, John Hamilton, has appointed commercial real estate broker Chris Cockerham to fill the vacancy on the city’s plan commission. The plan commission is a nine-member group, five of which seats are appointed by the mayor.

The vacancy was created in January, when Nick Kappas was not reappointed.

In a statement sent to The Square Beacon city attorney Mike Rouker said, “[T]he Mayor was pleased to select Chris for service on the commission. We are very excited about this appointment, and we are looking forward to Chris and the rest of the plan commission getting back to the important work they do for our community.”

Reached by The Square Beacon on Thursday, Cockerham said, “I’m ready to serve and happy to serve. Hopefully, it works out.”

Why wouldn’t it work out?

In mid-April, Monroe County Republican chair William Ellis issued a press release saying that he, as GOP chair—not the mayor—had the authority to fill the plan commission vacancy. Ellis’s pick for the spot was Andrew Guenther. Continue reading “Two people, one seat for Bloomington’s plan commission vacancy: Will a judge decide who sits there?”

Bloomington plan commission vacancy: GOP county chair says he has authority to fill it, picks Guenther

One of the nine seats on the Bloomington plan commission has been vacant since around Jan. 6, when the four-year term for Nick Kappas expired, and the city’s mayor, Democrat John Hamilton, decided not to reappoint him.

cropped 10-28-2019 10-28-2019 guenther close up IMG_8091
Andrew Guenther at a 2019 city council campaign event. (Square Beacon file photo)

The spot held by Kappas is one of the five seats on the nine-member plan commission that are expected to be appointed by the mayor.

In a departure from that expectation, a press release issued Thursday afternoon, by Monroe County Republican Party chair, William Ellis, says the GOP leader has made the plan commission appointment to fill the vacancy.

The GOP chair’s pick, according to the release, is Andrew Guenther, who’s current chair of the city’s environmental commission. Last year Guenther was a Republican candidate for the District 2 city council, a race that was won decisively by Democrat Sue Sgambelluri.

Why does Ellis think he has the authority to make what is ordinarily a mayoral appointment? Continue reading “Bloomington plan commission vacancy: GOP county chair says he has authority to fill it, picks Guenther”

Campaign finance injects interest in Bloomington’s District 2 city council race

In late August, at a Democratic Party caucus, District 2 Bloomington city council candidate Sue Sgambelluri offered the gathering her thoughts on Democrat Marty Spechler’s run for the District 3 seat as an independent: “First, I want to congratulate District 3 on having replaced District 2 as the most interesting race this year. Well done!”

As a matter of politically piquant interest, the Democratic Party’s internal kerfuffle in District 3 has now been eclipsed by the campaign finance reports filed last week by Republican Andrew Guenther, who is Sgambelluri’s opponent in District 2. Guenther’s level and sources of financial support have led to official statements on behalf of both their political parties. Continue reading “Campaign finance injects interest in Bloomington’s District 2 city council race”