This letter alleges that Richard G. Lugar and Charlene S. Lugar (the “Respondents”) have been registered to vote and have, in fact, voted using the address 3200 Highwoods Court, Indianapolis, Indiana since 1977 potentially in violation of Indiana law.
Whereas, public documents conclusively show that the Respondents sold the property located at 3200 Highwoods Court on July 6, 1977, and have maintained no ownership interest in said property.
Whereas, the current owner of the property has publicly indicated that Respondents have no connection to the property and that the owner was unaware that Respondents have used their address for, among other things, maintaining their voter registration, obtaining driver’s licenses, and running for public office, including President of the United States. Other documents show that the Respondents instead have resided at 7841 Old Dominion Drive in McLean, Virginia, since 1977.
Whereas, Respondents have continued to vote absentee from 3200 Highwoods Court, in numerous primary, general, and special elections since 1978, most recently in November 2011 General Election, contrary to Indiana law.
Whereas, the proffered excuse publicly advanced by the Respondents, that Article II, Section 1 of the Indiana Constitution allows them to vote in Indiana while not maintaining a physical residence in the state fails for the following reasons:
- Respondent Charlene S. Lugar is not engaged in any business on behalf of the state or federal government
- Respondent Richard G. Lugar’s cannot claim to be permanently “absent” from the state for purposes of Indiana law because:
- Government records show that he returns to Indiana about 12 times per year at taxpayer expense;
- Respondent’s spokesman states that he resides in a hotel when he returns to Indiana;
- Respondent’s claim of residency at 3200 Highwoods Court is not supported by the definition of “residency” in Indiana code 3-5-2-42.5 because Lugar has no “true, fixed, and permanent home” and cannot have the “intention of returning” to a property he no longer owns;
- Such a claim is contrary to the requirement of the U.S. Constitution Article I Section 3 that Respondent be an “inhabitant” of the state when last elected to the U.S. Senate, which requires (among other things) a physical presence in the state (see Jones v. Bush 122 F.Supp.2nd 713)
Therefore, the undersigned voters of the State of Indiana, respectfully petition the Marion County Election Board to conduct an investigation into the aforementioned complaint and refer any violations of Indiana law to the Prosecutor.
You may recall that Marion Co. Prosecutor Terry Curry refused to open an investigation after Wright filed a complaint against the Lugars with his office. Similarly, the Indiana Elections Commission rejected a complaint two weeks ago filed against Lugar by several citizens seeking to remove him from the May 8 Republican primary on the grounds that he is not an inhabitant of the state of Indiana as mandated by the U.S. Constitution for any representative or senator representing the state in Congress. An attorney for those citizen complainants announced today that an appeal of the Commission's dismissal of the complaint has been filed in the Marion Superior Court. The appeal is seeking a court injunction prohibiting election officials from printing the May 8 Republican primary ballot until the appeal is heard and decided.
Below is the March 7 notice Wright received from Myla Eldridge, Director of Elections, notifying him of the March 15th hearing of his complaint.
March 7, 2012
2255 Fox Hill Drive
Indianapolis, Indiana 46228