Wednesday, December 13, 2006

Bradford Claims "Fix Is In" For His Replacement

City-County Councilor Jim Bradford tells Matt Tully he is "seriously considering" rescinding his resignation from the council because of the way Marion Co. Republicans are choosing his replacement. Tully blogs today:


City-County Councilman Jim Bradford called today to complain about the Marion County Republican Party. Bradford said he is mad that the GOP -- by replacing certain precinct officials -- is trying to manage the upcoming caucus to replace him.

Bradford turned in a letter of resignation this week, saying he is ready to end his time on the council. Now, though, he said he is "seriously considering" rescinding that letter.

"The fix is in," Bradford said, in very Bradfordian style, of party efforts to make sure he is replaced by Indianapolis attorney Ryan Vaughn.

I don't typically agree with Bradford, but I too share his concerns about Ryan Vaughn being appointed to his seat. Vaughn is employed by the law firm of Tabbert Hahn. One of the firm's biggest clients is the Marion County Public Library Board, which Greg Hahn nabbed for the firm after Mayor Bart Peterson (D) took office. Hahn, a big Democratic lobbyist, is Vaughn's boss. It isn't hard to speculate whose interests will come first when it comes to making decisions on how to vote as a member of the council. The Republicans may as well name a Democrat to the council in place of Bradford. The result will be the same.

UPDATE: Taking Down Words is reporting that Vaughn's voting registration address shows him living in Ginny Cain's district and not Bradford's. There's a 2-year residency requirement. Whoops! Or a case of mistaken identity as it now appears--two Ryan Vaughns.

27 comments:

Jen said...

I just did a little checking, and it looks like Vaughn currently is registered to vote in Lawrence 28, which, according to the City-County Council website, puts him in Ginny Cain's district, not Bradford's.

However, he may have moved and not updated his registration. Not sure where that leaves him legally with respect to the residency requirement. I know that's a two-year requirement in a regular election.

Advance Indiana said...

As an attorney, Jen, one would think he would update his voter registration, particularly since we just had an election last month in which his former boss, Carl Brizzi, was on the ballot. And didn't the SoS send out all those mailings last summer to encourage people to update their voting registratoin?

Jen said...

I don't have my Indiana Election Law book at home, so I'm trying to parse through the online code, but I'm not finding the applicable vacancy statute that says whether you can avoid the two-year residency requirement in this situation.

It may be that a vacancy creates special circumstances that would still allow him to fill the seat, but I just don't know at this point.

Wilson46201 said...

Interesting question: can he rescind his resignation? I suppose if he withdraws it before it is stated to take effect, he could. Still, it sounds kinda unstable.

btw, Indianapolis just gained another Democratic Black woman City-County Councillor : Cherysh Pryor who was voted to replace the unexpired term of newly elected County Assessor Greg Bowes in District Seven.

Congresswoman Julia Carson also observed about the Senator Jean Breaux election how very unusual it is for a mother/daughter political succession. The only one I could think of is the Dutch throne of Queens Wilhelmina, Juliana and Beatrix. Can anybody name another female-to-female succession like the Breauxs just did?

Advance Indiana said...

It's a big perception problem, if not a legal problem. There are so many far more qualified people who have been active in and around the Broadripple neighborhood than Vaughn. Can anyone tell me why he should be appointed?

Wilson46201 said...

Nobody gets "appointed" to fill a political office that's normally elective (except for U.S. Senator). The precinct committeepeople of the same political party as the outgoing office-holder elect the successor. No appointment! These 'special elections' can get very tricky for the "party bosses" and dont always work out like expected!

They are lots of fun though: they have short election cycles and the voters are few and well-defined. You dont waste money on radio or TV but depend on direct mail, direct contact, lots of telephone work and working the power-politicians to use their influence.

Advance Indiana said...

A selection of an officeholder by any process other than an election of the voters is an appointment. Sorry Wilson.

Anonymous said...

AI - is that two years within the district or two years within the county?

Wilson46201 said...

Sorry that you disagree with Indiana law, Gary. Us Hoosiers call them 'special elections' and they are so defined by statute. You can't abolish the meanings of words that easily just to fit your personal inclinations. If you've ever participated in those 'special elections' like I have numerous times, you would hardly call them "appointments". They are often intense political battles decided by secret votes cast by a special class of electors.

Interestingly enough, only U.S. Senators can be appointed. U.S. Congresspeople can only gain office through election by the general voters. "Special elections" do not apply to those two Federal offices.

BR said...

Did anyone other than Bradford himself roll out Vaughn's name as a potential successor? Did Tully have any other source on that info, I Wonder? I wonder if this is yet another example of Bradford's nut job paranoia?

Advance Indiana said...

According to IC 3-8-1-25: "[a] candidate for membership on city-county council of a first class city must have resided in the district in which seeking election, if applicable, for at least two (2) years before the date of taking office."

Advance Indiana said...

Tully actually floated Vaughn's name a couple of week ago, along with a couple of other folks, including Kathryn Densborn and Mort Large, who ran for state rep. against Orentlicher a couple of years ago. I guess you could scratch Densborn because she's taking Esther's job at the Hoosier Lottery.

Erin said...

Densborn may not want that job if they are about to privatize the lottery...

Anonymous said...

According to IC 3-8-1-25: "[a] candidate for membership on city-county council of a first class city must have resided in the district in which seeking election, if applicable, for at least two (2) years before the date of taking office."

Thanks. So he could be an at-large since Mr. Vaughn recently moved, but not representing that district. But that is a moot point.

Wilson46201 said...

I spoke too soon about "special elections" -- they do not apply to statewide constitutional offices such as Governor or Treasurer. I know there's a procedure for replacing a Governor: it goes to the Lt. Gov. The new Gov can then nominate a replacement Lt.Gov - does the Assembly have to approve it? How exactly did Kathy Davis become Lt.Gov? How is the State Treasurer or Auditor replaced should a vacancy occur? I dunno - it hasnt happened recently...

I do know the "special election" process operates on the county and local level, including legislators. No appointments!

Erin said...

AI- Tully doesn't say in his post, but, does anyone know who Bradford IS supporting? Just curious if he had someone in mind specifically, or just objected to Vaughn.

On a purely political strategy note, I don't think Bradford would do well in the next General Election if he did rescind his resignation. Maybe in the primary he'd win. So, I am assuming he won't run for re-election and would want to force a slating vote for his possible successor. It would probably be very competitive, especially with this much notice of an open seat.

indyernie said...

Poor Wilson, He's in his own world.

But one thing he deserves credit for ...he is passionate about his politics.

Anonymous said...

Here are a couple more citations to consider:

IC 3-8-1-5.7 (a) Except as expressly provided by law, a candidate for selection under IC 3-13-5 or IC-3-13-11 for an appointment pro tempore to an office must comply with the requirements imposed under this chapter on a candidate for election to the office.

So, the 2-year residency requirement applies for caucus appointments.

IC 3-8-1-1(b) A person is not qualified to run for:
(3)a local office...
unless the person is registered to vote in the election district the person seeks to represent not later than the deadline for filing the declaration or petition of candidacy or certificate of nomination.

So he could, possibly, change his registration before the caucus.

But in any case, this guy is toast in either a primary or the general. How easy would it be to run an a campaign against a guy who just moved to the district and who has never voted there?

No way that Meridian Hills, MKNA, Broad Ripple, etc will take a guy like that.

Even if he gets past these legal questions, he's toast.

Advance Indiana said...

I've not heard who Bradford wants. I was surprised Tully didn't mention a name in his post since Bradford went out of his way to contact him.

Anonymous said...

C 3-8-1-1(b) A person is not qualified to run for:
(3)a local office...
unless the person is registered to vote in the election district the person seeks to represent not later than the deadline for filing the declaration or petition of candidacy or certificate of nomination.

So he could, possibly, change his registration before the caucus.


IANAL (I Am Not A Lawyer) but the way I read that is there's two requirements - residency and registration to vote. Mr. Vaughn might show residency if he shows something like mortgage papers or a lease. Though if he voted in LAW-28 he voted out of precinct? Ick.

Erin said...

Not good choices:

1. He did vote- voter fraud. You can vote at a previous registration address if you move, but the time frame for that exception would still mean he failed the residency requirement or violated the law.

2. He didn't vote- given the narrow victories of the D township ticket this year, the Lawrence township Repubs should rightly be pissed at this guy. Granted, no race actually came down to 1 vote difference, but still.

Anonymous said...

So he's good if

1. He moved shortly after the 2004 Election and has documentation to show it (lease, etc) - solves residency requirement

2. He didn't vote in either primary or general election in 2006. He could send in voter registration change of address now since registration has reopened and be clear for this seat.

Erin said...

Yep, except the not voting part is usually frowned on. In an odd twist, I believe this residency issue came up with Frank Short (who beat Bradford for Trustee). When he left the council, he immediately moved to Wash. Twp. so as to meet the residency requirement.

Anonymous said...

I know there's a procedure for replacing a Governor: it goes to the Lt. Gov. The new Gov can then nominate a replacement Lt.Gov - does the Assembly have to approve it?

Yes. If the General Assembly is not in session a special session must be called.

How is the State Treasurer or Auditor replaced should a vacancy occur? I dunno - it hasnt happened recently...

Last statewide officeholder I can place that left in term was I think Modisett? Left to go work in private practice IIRC. Appears the Governor appoints the replacement and confirmation by the General Assembly

Anonymous said...

Uh, Erin, Frank Short lioved in Washington Township for a period of time while he represented his suothside council district. It's the main reason he was bumped from the at-large slating process in 2003, late in the game. His questionable judgment.

Anyone Bradford wants is someone I wouldn't want. He's deranged. Always has been.

In addition to Meridian Hills, Meridian Kessler and some of Butler Tarkington, Nora Community Council overlaps almost all of Bradford's district. They're not pleased witih his Driftwood Hills/Whole Foods position.

To put it mildly.

Anonymous said...

It would probably help if you knew Mr. Vaughn's full name. His first name isn't Ryan and he is registered under his first name. He has lived in the district for 5 1/2 years and has voted there for the last 5 years.

Anonymous said...

*clicks on links in AI article*

Ahhhh!! M. Ryan Vaughn