Here's an election story for the books. Democrat Linda Durham defeated incumbent Knight Township Trustee Jim Price (R) last fall by 29 votes. As a condition to taking office, Indiana law requires a trustee to post a bond, which in Durham's case was $2,970 for one year. Durham did not pay the bond because she was in bankruptcy and couldn't afford the bond. The bond for her predecessor was only $45 a year. Last week, Durham stepped aside and Price resumed his former position. Section 9 of Indiana Code 5-4-1-9 states "an officer required to give an official bond shall give the bond before the commencement of his term of office. If the officer fails to give the bond before that time, the officer may not take office." And the Evansville Courier & Press' Thomas Langhorne further points out that Indiana's Constitution holds office throughout his term, "and until his successor shall have been elected and qualified."
Democrats are belatedly trying to come to Durham's rescue by raising the necessary funds for her bond so that she can return to office. But can she? Republicans argue Price is permitted to continue in office because Durham was unable to meet the statutory qualification on January 1. The township advisory board is unlikely to find in favor of Durham according to Langhorne because two of the members are already on record as saying Durham is unqualified to hold the office. If bankruptcy is the benchmark for a person's ability to serve in office, there are a lot of current officeholders in Indiana who would be similarly disqualified. Can you name them?
18 comments:
After the Civil War, Colonel Eli Lilly ran a Mississippi plantation into bankruptcy - he moved to Lafayette, Indiana, where his pharmacy then also failed. Never one to give up, he opened up a little drugstore on South Meridian Street here in town - the rest is history.
I've been told by an old-timer that The Sainted Scott Keller qualifies twice ...
In 1997 Carl Drummer, a Democrat in Marion County's Center Township did not have a bond when he was sworn in illegally to office on January 1, 1997, reason why Julia Carson had to remain in town until one could be transferred to him. Kip Tew, the Marion County DemoRat Party chairman at the time went along with this violation of the State Constitution and so did the entire state leadership in the Party. Cordelia Lewis, 10th district chair and Atty. Joe Andrews, state party chair. They are all liars and cheaters.
That last anonymous nobody was lying as usual - she's a deranged deadbeat herself!
Wrong again dumpster diver
Check the Marion County Circuit Court records for the lawsuit under the penalties of perjury.
...
After losing a Special Election for Trustee 121 to 7, poor Jocelyn filed a lawsuit. She lost that too.
Enough of the Wilson-Jocelyn mess already. ENOUGH. (How can he even tell the anonymous poster was her?) (And, if so, who cares?)
Mr. Keller hit financial tough times, but I'm not sure he or his business(es) filed the big B. I do know two vendors who did not get paid most of their money, and I'm pretty sure it's because the business(es) went into bankruptcy.
Personal bankruptcies due to ill health or similar circumstances is one thing. But tanking a business, unless the business is a victim also, is a coward's way out.
And if a public official used his/her status to form a company, then got into financial trouble and avoided bills, that's equally cowardly. Uhm-hum, Mr. President...
And I'm pretty sure that Ms. Carson did the same thing--but avoided filing bankruptcy on her clothing business, and, as rumor would have it, repaid most or all of the bills herself, although they were corporate in nature, and not her personal responsibility. Unlike some of her other actions, that one showed true character.
Anonymous 2:18 PM
Why don't you run for an office and have it stolen from you. Then we will see your reaction to the violations. Wilson was not in the court room. during the hearing.
He and Tony Duncan handled the second ballot box at the special election. There were two ballot boxes. There are witnesses. The Party did not want to expose the participants in this case. You would be surprised. Laws were definitely broken.
Stealing elections is the trademark for this corrupt bunch. The judge sent the case back to the Democrat Party to resolve it.
Kip Tew and Joe Andrews refused to grant a review of the facts. They chose to steal the election rather than resolve it. Get your facts straight Wilson. They violated the Party rules all the way round. Get a copy of the case filed. Win by any means necessary is their motto. Wilson knows more than what he is telling on this one.
Gary get a copy of the file and you will understand the violations in this case. Resson why Wilson Allen is so paranoid. Wilson has opened "Pandora's Box" on this one!
Violations of Indiana Constitution, Indiana Code and Democrat Party Rules. The evidence will speak for itself.
Another case of justice denied on the court's record.
The lack of a permanent stigma attaching to bankruptcy is one of the great strengths of our country. A good friend of mine from Germany tells me that one reason there are so few entrepreneurs in Germany is that if your business fails, you are ruined for life. That's the last type of culture we need here. We need people who are willing to take risks, knowing that many if not most of them will fail, to start the businesses of the future.
However, whether or not someone filed bankruptcy is immaterial to the matter of whether or not a bond was posted in compliance with the law.
Response to Wilson
Too many votes were stolen. I had more than 12 precinct committeemen on my team plus my own vote at the election. You helped to stuff a second ballot box and counted those votes instead of the ones in the large ballot box and you know it. Remember there are witnesses to these acts. Reason why Kip Tew did not want to have a hearing before the Democrat Central Committee. I don't have to lie about the facts, they are well documented.
I dare you to affirm your comments on an affidavit. You did not steal the office from me, you helped to steal from the people in Center Township on December 19, 1996. You are the loser, and a corrupt one at that.
The best reading of the statutory provisions would seem to be that: (1) a person who can't pay a bond can't assume the office; and (2) the person presently holding the office continues to hold it until the bond is paid. I don't see any basis for the argument that if the bond is not paid on the date the person is supposed to take office, the current officeholder remains in office for the remainder of the term.
(And this all leaves aside the SUBSTANTIAL question of whether it violates the equal protection clause to prohibit elected officials from taking office on the basis of wealth)
"As a condition to taking office, Indiana law requires a trustee to post a bond, which in Durham's case was $2,970 for one year. Durham did not pay the bond because she was in bankruptcy and couldn't afford the bond. The bond for her predecessor was only $45 a year."
Why is there such a difference the Bond amounts ?
The trustee is responsbible for public funds. As chief executive officer of the township his bond was automaticallly renewed beyond January 1st for continuity of government business.
Urbanophile:
Your high-minded sentiments are all well and good, but Durham is CURRENTLY IN BANKRUPTCY.
No one is saying she is a bad person or should carry a stigma for life.
But having someone like this in charge of taxpayer money is a disaster waiting to happen.
I'm assuming the bond for Durham was higher than her predecessor's because of her credit worthiness based on her personal bankruptcy.
Gotcha - I did not know if it was a set amount or based on other factors.
Learn something new EVERY Day.
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