Oops: Dick Lugar ruled ineligible to vote in Indiana due to lack of residency

posted at 4:15 pm on March 15, 2012 by Allahpundit

A rare case in which Democratic shenanigans might end up helping tea partiers.

The Election Board has voted 2-1 along party lines to find Sen. Richard Lugar, a Republican, and his wife ineligible to vote in their former home precinct. The two Democrats found that the Lugars abandoned that residence and no longer reside there. However, according to Election Board attorneys, there may be an easy fix — the Lugars could submit new voter registrations that are based on a physical address in the county with which they currently have a connection. That could be a family member’s home or, possibly, the Lugar family farm. There is no house on that farm but it might satisfy the requirement.

The GOP board member, Patrick J. Dietrick, said after today’s vote that the other members “utterly failed to consider the circumstances of this alleged violation of election law.” Today Clerk Beth White’s motion said there was no evidence that the Lugars knowingly violated residency requirements in voting previously in their Wayne Township precinct.

Lugar and his wife have lived in Virginia for decades, ever since Indiana first sent him to Congress, but this question was resolved in his favor by the state AG long ago. No matter. Looks like the two Democrats on the county election board saw a chance to toss a stinkbomb of bad PR at a moment when there’s a real chance he might be bumped off in a Republican primary. His opponent, Richard Mourdock, has already been endorsed by the Club for Growth, the NRA, and various tea-party groups and prominent sympathizers. The Democrats probably calculated that they’ve got a better shot at the seat against Mourdock than the eternal incumbent with 100 percent name recognition so they ginned up a tasty talking point about an establishment pol who’s been inside the Beltway for so long that he’s literally gone native. Tea partiers will feast on it, which may be the extra boost Mourdock needs. Although if you believe Lugar’s own polling, he’s in no danger: Internal numbers last month put him 25 points ahead, thanks in part to a huge financial advantage. (A local news poll in November had him up 49/28.) Anyone seen more recent data? I googled but current polls are scarce.

Two ads, one from each candidate, via Legal Insurrection. The primary’s on May 8.


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33 comments or bust!

Bishop on March 15, 2012 at 4:18 PM

His Senate seat should be declared vacant and Daniels should have to choose a replacement.

How can you be a Senator and not have a residence in the state you represent?

wildcat72 on March 15, 2012 at 4:19 PM

Flashback from the Headline thread:

Mayor Rahm Emanuel is laughing his tookus off in Chicago.

Fallon on March 15, 2012 at 4:20 PM

24 at least. Gotta match them voter’s IQs

Don L on March 15, 2012 at 4:21 PM

Tea partiers will feast on it, which may be the extra boost Mourdock needs.

Tea Partiers will feast on any misinformation thrown their way. Too bad, Lugar isn’t going to change for anyone, especially people steeped in economic illiteracy. Hoosiers will always support their independent voice in the Senate.

bayam on March 15, 2012 at 4:22 PM

You mean he actually is supposed to live in the district where he votes? That’s just crazy talk. I suppose you lunatics are going to expect him to show an ID when he votes, too!
//

Deafdog on March 15, 2012 at 4:22 PM

I grew up in Indiana. Lugar became Senator when I was in 6th grade. I’m 47 now. It’s time for him to go.

Bitter Clinger on March 15, 2012 at 4:23 PM

I have always had a problem with politicians, either party, just deciding to run in another state and finding some far stretching scheme to say they are a resident.

jeffn21 on March 15, 2012 at 4:26 PM

gosh i hope stenberg wins

Donald Draper on March 15, 2012 at 4:27 PM

the Lugars could submit new voter registrations that are based on a physical address in the county with which they currently have a connection. That could be a family member’s home or, possibly, the Lugar family farm. There is no house on that farm but it might satisfy the requirement.

So, the barnyard might qualify him to vote. Appropriate, since he’s worth what the cows leave on the ground in the barnyard.

Bitter Clinger on March 15, 2012 at 4:27 PM

Stupid senile slut!

KOOLAID2 on March 15, 2012 at 4:27 PM

Ineligible to vote for himself? Now the tally will be 10,907,547 to ZERO!

SMACKRUNNER on March 15, 2012 at 4:28 PM

As long as Lugar keeps feeding the voters their government pork he will keep getting their votes. People like to talk about those terrible folks in Washington DC, but someone out there in Voterland keeps voting them back in.

sharrukin on March 15, 2012 at 4:28 PM

That’s just weird, eligible to represent but not to vote.

Cindy Munford on March 15, 2012 at 4:28 PM

Romney loses another voter.

=(

portlandon on March 15, 2012 at 4:28 PM

ooops. meant mourdock. getting confused here…

Donald Draper on March 15, 2012 at 4:28 PM

The legal standing is somewhat on his side: all he has to do is buy a house somewhere in the state (or rent a place) prior to the date of the election and he’s a resident. I suspect it made more sense when the state was The Frontier and a little less now.

BritCarGuy on March 15, 2012 at 4:28 PM

Even Hillary was smart enough to get an apartment in New York, for pete’s sake. Lugar is not poor and has enough resources to have had a residence in his hometown. That is amateur stuff and not befitting a seasoned campaigner. He should have been smart enough to avoid this snafu and if he’s not he should not be holding that kind of power. No other reason necessary to get him out of there.

MikeA on March 15, 2012 at 4:31 PM

“…Marion County Elections Board voted 2-1…”
Clearly, ONE ADDITIONAL PERSON should be prohibited from voting – for anything, ever!

TeaPartyNation on March 15, 2012 at 4:31 PM

what’s the over/under for Lugar to lose the primary…and then endorse the Dim over the TP?

Pretty good odds, i’m thinking

r keller on March 15, 2012 at 4:32 PM

That 1 voter was the lone Republican.

BritCarGuy on March 15, 2012 at 4:32 PM

Voter ID laws are racist and only serves to hinder the voting rights of people of color!

Al Sharpton to speak out in 3 … 2 …

OhEssYouCowboys on March 15, 2012 at 4:33 PM

Term limits.

albill on March 15, 2012 at 4:33 PM

Mayor Rahm Emanuel is laughing his tookus off in Chicago.

Fallon on March 15, 2012 at 4:20 PM

As is Ed Malarkey for MA.

roy_batty on March 15, 2012 at 4:33 PM

But Rahm’s cool, right?

Washington Nearsider on March 15, 2012 at 4:34 PM

Article One, Section 3, Clause 3 of the United States Constitution:

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

Seems to me, he would have to maintain an established residency in Indiana in order to remain qualified to be Senator. It doesn’t say “the first time elected”, it says “when elected”, which happens every 6 year. If he isn’t a resident at the time of election, then he can’t be a Senator from said state.

Maybe he should run for Virginia Senator?

gravityman on March 15, 2012 at 4:34 PM

Hilarious. man of the people that Dick Lugar is. Not much different than Joe Biden claiming a connection to Scranton, Pa.

I wouldn’t mind seeing him gone.

DanMan on March 15, 2012 at 4:35 PM

what’s the over/under for Lugar to lose the primary…and then endorse the Dim over the TP?

Pretty good odds, i’m thinking

r keller on March 15, 2012 at 4:32 PM

Real good. Lugar hates the Tea party.

Bitter Clinger on March 15, 2012 at 4:35 PM

When Lugar first went to Washington…

… the Dead Sea only had a head cold.

Seven Percent Solution on March 15, 2012 at 4:36 PM

If Lugar stays, there is no hope for this party or country.

He is public enemy #1 as far as RINO’s go.

rickyricardo on March 15, 2012 at 4:37 PM

Lugar would never be able to keep track of his drunk wife if he had two homes.

Steve Stifler on March 15, 2012 at 4:38 PM

What a Dick.

Archivarix on March 15, 2012 at 4:38 PM

The Democrats probably calculated that they’ve got a better shot at the seat against Mourdock than the eternal incumbent with 100 percent name recognition so they ginned up a tasty talking point about an establishment pol who’s been inside the Beltway for so long that he’s literally gone native.

He also routinely pulls huge crossover votes from Dems in the generals. He’s got the name rec from all those years in office and the money advantage means he has a lot more ads than Mourdock, at least in this market. He will be very, very tough to beat. It really is too bad, but we are probably looking at six more years of Lugar’s arrogance and RINO shit.

novaculus on March 15, 2012 at 4:40 PM

Just don’t show ‘em your ID, Dick. Eric Holder says he got your back or somethin’…..

ted c on March 15, 2012 at 4:40 PM

we’ll put 1000 dead Democrats up against this live Republican.

tilting scales.

ted c on March 15, 2012 at 4:41 PM

What a Dick.

Archivarix on March 15, 2012 at 4:38 PM

juvenile, perhaps, but it made me chuckle

Deafdog on March 15, 2012 at 4:51 PM

As I said on the other thread– let’s hope next he will be ruled ineligible to vote in the Senate after he gets primaried out to pasture

As a former Hoosier, this will not go over well with voters and Mourdock is a solid candidate.

thurman on March 15, 2012 at 4:51 PM

Trivia points for anyone who remembers (without trolling on the internet) the date on which Lugar announced he was running for president.

IdrilofGondolin on March 15, 2012 at 4:54 PM

I’m ready to quit this political arguing and make a REAL difference in this world

apocalypse on March 15, 2012 at 4:55 PM

I need a break from politics

apocalypse on March 15, 2012 at 4:56 PM

This world needs GOD in their life more then ever

apocalypse on March 15, 2012 at 4:57 PM

One down 99 more to check on.

meci on March 15, 2012 at 4:57 PM

Trivia points for anyone who remembers (without trolling on the internet) the date on which Lugar announced he was running for president.

4/1/1963

DanMan on March 15, 2012 at 5:00 PM

Senator Lugar suffers from the same disease as most of the Senators — they have nothing to do with the states they represent.

He lives in Washington D.C.;
his values are those of the Senate, not Indiana;
his connections are with D.C. lobbyists, judges, power brokers, media vermin, and other Senators of both parties.
He is no longer a resident of Indiana. Just as Hatch is no longer from Utah, etc., etc., etc.

Term limits are the only answer to this problem.

Jaibones on March 15, 2012 at 5:01 PM

About to change WHOLE approach in my effort to help people… I need to get back to witnessing and sharing the Gospel one on one

apocalypse on March 15, 2012 at 5:01 PM

We need to turn people’s hearts towards GOD not the GOP

apocalypse on March 15, 2012 at 5:04 PM

I honestly believe only GOD can save America and if we are going to get the victory it will only be through Him, not the GOP…. so I need to analyze my surroundings and make some drastic moves

apocalypse on March 15, 2012 at 5:05 PM

what’s the over/under for Lugar to lose the primary…and then endorse the Dim over the TP?

Pretty good odds, i’m thinking

r keller on March 15, 2012 at 4:32 PM

He’ll lose thre primary but he won’t go so far as to endorse a dem, he still believes in his heart he’s a repub, he’s just senile is all.

Tim Zank on March 15, 2012 at 5:09 PM

If all the swing states enfoced voting laws as rigorously as in this case, little Bammie would have never left Chicago.

slickwillie2001 on March 15, 2012 at 5:12 PM

Alas DanMan that would be 19 April 1995 the day of the Oklahoma City Bombing.

IdrilofGondolin on March 15, 2012 at 5:16 PM

Vote Richard Mourdock in the IN primary.

He tried to take auto bailouts to the Supreme Court after everyone else folded. Supremes refused to hear the case, but he has guts.

Which can only be found on the D side of the aisle today (with rare exceptions on Rs)

earlgrey133 on March 15, 2012 at 5:21 PM

Context is important-

I currently live in Indiana (I’m sure there are other Hoosier commenters who could fill in more blanks than me). Lugar has previously sought legal advice on the matter, and probably thought he was on firm footing.

However, residency was in the political news recently with the Charlie White debacle (former Secretary of State http://en.wikipedia.org/wiki/Charles_P._White )

so I think this story has legs.

Lugar should have maintained a residence here, or at least bought/rented something recently as all this was swirling about.

Honest question, that should come up in this primary- if you represent Indiana but don’t have a home here, where do you stay when in the state to “meet with constituents?” (There may be a good answer- family homes, etc. I just don’t know the answer at the moment).

cs89 on March 15, 2012 at 5:25 PM

Today will probably be my last day posting at Hotair for a while… You know what I’m saying. Just tired of the whole political scene. I need a little bit of a break and re-focus my effort back to helping people get saved. America needs to return to God and I have a responsibilty to win as many lost souls to Christ before He comes. So owing to that pressure, I’m no longer able to post on politcal blogs. End times are upon us I think and it’s a great time to win crowns, so you know, that’s what I’ll try to do behind the scenes

apocalypse on March 15, 2012 at 5:28 PM

Trivia points for anyone who remembers (without trolling on the internet) the date on which Lugar announced he was running for president.

IdrilofGondolin on March 15, 2012 at 4:54 PM

1896….Do I win the brass thingy?

timberline on March 15, 2012 at 5:36 PM

Peace to all my atheist rino critics out there… I Love/Hate ALL OF YOU

apocalypse on March 15, 2012 at 5:41 PM

Peace to all the LEGITIMATE Christians… you are some dedicated warriors

apocalypse on March 15, 2012 at 5:44 PM

This is what happens when one’s house preference changes from wood to brick. Just wonder if he still remembers how to blow his own knows.

mike0993 on March 15, 2012 at 5:49 PM

Repealing the 17th Amendment would cure problems like this. That said, Luger gone would make many conservatives happy.

Conservative4Ever on March 15, 2012 at 5:59 PM

Apocalypse, soldier of the Cross, respect the KING of kings, I’m out

apocalypse on March 15, 2012 at 6:28 PM

Trivia points for anyone who remembers (without trolling on the internet) the date on which Lugar announced he was running for president.

IdrilofGondolin on March 15, 2012 at 4:54 PM

1896….Do I win the brass thingy?

timberline on March 15, 2012 at 5:36 PM

That was one heck of an election… Dick Lugar vs. Robert Byrd. I still have no idea how in the hell Warren Harding actually won that…

Myron Falwell on March 15, 2012 at 6:33 PM

Damn 17th Amendment! That is why we get Luger and his type!

djtnt on March 15, 2012 at 6:40 PM

Dick Lugar before he dicks you … oops, too late!

bw222 on March 15, 2012 at 6:42 PM

[...] The Democrats probably calculated that they’ve got a better shot at the seat against Mourdock than the eternal incumbent with 100 percent name recognition [...]

If that is the case, should Mourdock wins the GOP primary, and THEN the senate seat in November, those Dems should be laughed out of the room.

Clearly, they must have taken “maths” instead of “math.”

Myron Falwell on March 15, 2012 at 6:43 PM

Obviously the Democrats voted this way to help take out a strong incumbent, but even a broken clock is right twice a day. How can you say someone should be allowed to vote in a district where they have no residence?

I’m also a big believer in term limits, and this is a good reason why. Do you really think Lugar care one bit about his home state anymore?

I usually against taking out RINOs when they’re in blue or purple states, but Indiana is fair game, and Mourdock is not a joke candidate.

BradTank on March 15, 2012 at 6:47 PM

Too bad, Lugar isn’t going to change for anyone, especially people steeped in economic illiteracy. Hoosiers will always support their independent voice in the Senate.

bayam on March 15, 2012 at 4:22 PM

Well, I hope he doesn’t change for Democrats.

Count to 10 on March 15, 2012 at 6:47 PM

Dick Lugar before he dicks you … oops, too late!

bw222 on March 15, 2012 at 6:42 PM

Mr. Lugar clearly is a “tricky” one, alright.

If you get my drift.

Myron Falwell on March 15, 2012 at 6:48 PM

Honest question, that should come up in this primary- if you represent Indiana but don’t have a home here, where do you stay when in the state to “meet with constituents?” (There may be a good answer- family homes, etc. I just don’t know the answer at the moment).

cs89 on March 15, 2012 at 5:25 PM

Your dead on there, cs89. The Democrats once again overreached with the Charlie White and as of today Gov. Daniels will get the opportunity to appoint a person as the new S.O.S. I always found it fishy that the Dems would bring up White’s residency so close to the election instead of when he was seated (not sure, only been in IN for 3 yrs, only hear about though starting late last year).

To me, it smells of Soros and his minions trying to control the SOS position.

Nonetheless, if White was prosecuted for having an inaccurate address when voting, why would Lugar who sold his home still claim residency there scott free.

It is a huge win for Mourdock. I have been volunteering for him and believe he will do well.

PuritanD71 on March 15, 2012 at 6:53 PM

apocalypse on March 15, 2012 at 6:28 PM

Godspeed, apocalyse.

WhatNot on March 15, 2012 at 6:53 PM

No fan of Lugar, but it seems ridiculous to claim someone is not a resident of your state when they’ve been elected and sent to Washington specifically to represent that state.

I would think the rule would be similar to the military, where you don’t lose your residency just because your government role requires you to be somewhere else.

But what it really comes down to is that the rules need to be nkown and agreed to ahead of time, not selectively enforced by political opponents when they see an opportunity.

tom on March 15, 2012 at 7:02 PM

tom on March 15, 2012 at 7:02 PM

Stupid move on Lugar’s part. He could have rented a one-bedroom apartment and stayed there the few times he returns to Hoosierland for fundraisers and the like.

More strangely, even though he lives in Virginia, he has an Indiana drivers license with an address he hasn’t lived at for 35 years.

Question: can Lugar identify Indiana and Purdue in the NCAA playoffs?

bw222 on March 15, 2012 at 7:15 PM

Excuse me….I don’t care what party you are aligned with, if you sell your house and move, you are no longer a resident! Your primary residence, where your family lives, your children go to school and you represent your neighbors is what counts. Enough of these arrogant, life-time political scum. Time for term limits.

phoebe1 on March 15, 2012 at 7:29 PM

Dick Lugar will have to join the OWS people… just so he can occupy someplace in Indiana…

ajacksonian on March 15, 2012 at 7:41 PM

I could never vote for someone with a German porn star name.

bytor on March 15, 2012 at 8:06 PM

Hmmm…..This story sounds familiar! OH, YEAH.

During his years in the Senate, Santorum raised his family in northern Virginia and rarely if ever seemed to use the small house that he claimed as his legal residence, in a blue-collar Pittsburgh suburb called Penn Hills. So Pennsylvania voters were shocked when they found out the Penn Hills School District had paid out $72,000 for the home cyberschooling of five of Santorum’s kids, hundreds of miles away in a different state. The cash=strapped district was unsuccessful in its efforts to get any of its money back from Santorum.

The state finally just paid the district about $55,000–and taxpayers paid for it.

http://www.pittsburghlive.com/x/pittsburghtrib/news/regional/s_274635.html

mountainaires on March 15, 2012 at 8:13 PM

This is a political trick by Dems for the benefit of Dems. Don’t let them profit by this. It would be better to announce that if the Dems don’t want Lugar then he’s the man for me and maybe they would quit the partisan hack shenanigans.

KW64 on March 15, 2012 at 8:24 PM

If you want the REAL background on this:

http://www.rebootcongress.blogspot.com
has done a great in depth job reporting on this for weeks.
(Hat tip to Darin)

jacquehrl on March 15, 2012 at 8:34 PM

Since there is no farmhouse on the Lugar family farm, maybe there is an outhouse he could use.

BillyPenn on March 15, 2012 at 9:03 PM

Since there is no farmhouse on the Lugar family farm, maybe there is an outhouse he could use.

BillyPenn on March 15, 2012 at 9:03 PM

Only if he moves into the basement.

jpmn on March 15, 2012 at 9:28 PM

Lugar is long past his expiration date, let alone his usefulness. He’s part of the “jacuzzi ” club set.

AH_C on March 15, 2012 at 9:52 PM

None of it really matters. As a concerned Hoosier I talk politics with folks all the time, and I like to listen first to know where people are coming from.

I have yet to find a SINGLE SOLITARY hoosier who wants Luger elected again. Not one. The libs don’t want him, neither do the conservatives.

Lugar is done for, and it is long overdue.

HoosierHawk on March 15, 2012 at 10:31 PM

In 2008, Lugar voted to bail out Fannie Mae and Freddie Mac. Also, notably, in 1998, he voted against an amendment that would have exempted small banks from the Community Reinvestment Act of 1977. Of course, the Community Reinvestment Act is what precipitated the mid-2000s real estate crash, especially after it was stepped up in the late ’90s…with his help.

So if Lugar needs to purchase a nominal home to satisfy residency requirements, there are plenty in Indianapolis that are empty and priced super-low, thanks in substantial part to him. Some of these cheap homes are forclosed properties, while others are cheap because they’ve been dragged down by the numerous surrounding foreclosures. It’s win-win for him. He got to enjoy short-term gains inside the beltway for his votes, and now that he has to check the residency box, he can just do it by buying 3,000 square feet on a third of an acre for five figures.

Ultimately, it won’t matter where he claims to live. After Mourdock defeats him, he’ll go to work for a lobbying firm that won’t require him to have an Indiana address.

86 on March 15, 2012 at 11:11 PM

I was personally hoping this would slide under the rug until the general elections, in case he was actually re-elected.

Then after that the Senate would declare him ineligble due to residency requirement. If he ‘fixes’ this before the election and he wins, there are no outs. Hillary Clinton bought a house in NY because at election time, the Constitution requires residency within the State AT THE TIME OF ELECTION (not after or during term), with the Senate being the judge of qualifications of it’s members.

And if you don’t think the Dems would help bump a Republican out, were he to be elected, in order to get a special election, you aren’t thinking straight; no matter how corrupted this old geiser politicrat is.

John Kettlewell on March 16, 2012 at 12:29 AM

If that is the case, should Mourdock wins the GOP primary, and THEN the senate seat in November, those Dems should be laughed out of the room.

Clearly, they must have taken “maths” instead of “math.”

Myron Falwell on March 15, 2012 at 6:43 PM

My district’s POS Democrat representative (Dipsh*t Donnelly) is running for the Senate. Lugar is a senile, worthless, egotistical turd but I’d still rather have him in the Senate than Dipsh*t. I’m voting for Mourdock in the primaries because I know he will hammer Dipsh*t for his vote for Obamacare (explain that one to your Catholic parish, Dipsh*t). Lugar won’t hammer anyone on anything. He will vote for whatever enriches him and go back to take another nap.

swinia sutki on March 16, 2012 at 5:41 AM

There ought to be one clear rule in the Senate, not from towns, saying what is what about residency and voting in the town you represent. And about changing addresses. I think the Senate has an obligation to be clear, and if you move from Indiana permanently, then no more representing Indiana…Massachusetts, where ever.
On the day you don’t live there, the Senate should say you need to run for office from the state you live in now.

Their tax return has to generate from an address, and it should be the same as the place they represent. And they should vote from the place the taxes are filed from. And they should pay the same state taxes as the people who live in that place. And your voter registration should match your tax return.

Ed Markey lives in Maryland and doesn’t visit the home he supposedly votes from in MA. This is a campaign video from last year’s losing campaign against him, please enjoy.

http://www.youtube.com/watch?v=o2m3NWplkJM

Fleuries on March 16, 2012 at 9:19 AM

This Lugar really needs to be fired. Goodbye, DICK. I can’t wait to vote against you.

search4truth on March 16, 2012 at 10:34 AM

Look for Lugar to be a head of the flow in the RINO flushing that is coming in November. The 2010 election was the biggest transfer of Congressional control in decades. It was just a step in the people taking back “elitest” incompetent government that is working against the best interests of the American people. The RINOs are about to find out they are the third party. It will be interesting to see what the RINOs do when they have no party to represent.

volsense on March 16, 2012 at 11:40 AM