Adande's complaint, which is based largely on questions raised in earlier reporting by Advance Indiana, alleges Brewer registered to vote in Center Township Precinct No. 11-2 in 2011. Brewer later updated his voter registration to reflect a new registered voting address at an apartment complex in Perry Township on Dakota Ridge before changing it yet again to another apartment complex in Perry Township on Slate Drive. Brewer updated his registration to Precinct No. PE-29 to reflect a voting residence located at 623 Slate Drive, Apt. #B on July 15, 2014, only weeks after he filed paperwork with the Marion Co. Board of Elections to form an exploratory campaign committee to run for the District 23 City-County Council seat in Perry Township. Brewer filed a statement of organization to form a political committee to seek election to District 23 formally on December 31, 2014.
In her complaint, Adande cites evidence that Brewer still claims a homestead exemption on the condominium he owns in the Athletic Club since he first recorded a mortgage on it dated March 21, 2011 underwritten by Sierra Pacific Mortgage Company. He later refinanced the original mortgage with a new mortgage underwritten by Wells Fargo in the original principal amount of $380,000, which shows a recording date of December 29, 2014. Days after Brewer filed paperwork to run in District 23, he changed his mind and decided to run for Indianapolis mayor in the Republican primary instead with the backing of the Marion Co. Republican Party leadership. When Brewer filed his statement of candidacy with the Marion Co. Board of Elections on February 5, 2015, he cited the Slate Drive address as his registered voting address.
Based on records contained in the Statewide Voter Registration System database, Brewer voted absentee in person at early walk-in voting in both the 2014 primary and general elections. By all appearances, Brewer's change in voter registration was motivated to take advantage of the open District 23 seat on the City-County Council that was created as a result of redistricting. Advance Indiana has learned Brewer has had a real estate listing offering his Athletic Club condominium for sale over the past year, although it's unclear why he would refinance the mortgage on the home if he planned to sell it. A former general manager who worked for Brewer's Potbelly Sandwich Shop, Sarah Hoyt, told Advance Indiana she believed Brewer still resided in his downtown condominium up to the time she stopped working for him last September. The dial-up directory for the building's secured entrance still listed Brewer as a residence as of last Friday.
On its face, Adande's complaint against Brewer is similar to the complaint attorney Greg Purvis filed against Charlie White when he was seeking election as Indiana Secretary of State. Although White easily won elected in the 2010 general election over Democrat Vop Osili, a special prosecutor later charged White with several felony counts, including illegally registering and casting votes in a precinct in which he did not reside and making false statements in a mortgage application on a new condominium he purchased as his primary residence. A jury found White guilty of the vote fraud charges and other charges but acquitted him of the mortgage fraud count. He was forced to resign his office following the jury's verdict of guilt. The Indiana Court of Appeals recently threw out two vote fraud charges based on double jeopardy and a marriage license application fraud count but allowed two remaining vote fraud counts and a theft count for drawing his salary as a Fishers Town Council member while he wasn't residing in his district to stand.
In the 2012 Senate primary election, Greg Wright filed a vote fraud complaint against then-Sen. Richard Lugar, who was seeking re-election to a seventh term. Wright documented the fact that Lugar had sold the home at which he had been registered to vote for the past 35 years since his first election to the U.S. Senate back in 1979, but he and his wife continued using it as a registered voting address all of those years. The Marion Co. Board of Elections ruled Lugar and his wife were illegally registered to vote; however, it allowed him to re-register in another precinct in which he owned an old farmhouse without referring the case to the prosecutor for prosecution. Advance Indiana's Gary Welsh represented Wright in that matter.
UPDATE: Adande notified Advance Indiana that she filed her complaint earlier this afternoon. Adande also advised that the December 29, 2014 mortgage recording was an assignment of Sierra Pacific's interest in the mortgage on the condominium to Wells Fargo, not an actual refinancing, according to records she obtained from the Marion Co. Recorder's Office.
UPDATE II: The Indianapolis Star's Brian Eason has put a story online now. Brewer's campaign is calling Adande's complaint "desperate false allegations" by an opponent. "Her complaint asks the board to determine whether Brewer is legally registered to vote, which could disqualify him from a mayoral bid," Eason writes. That's not necessarily so. Adande's complaint does not accuse Brewer of failing to satisfy residency requirements to run for mayor; rather, it accuses him of being illegally registered in the wrong precinct. The Marion Co. Board of Elections could conclude he is registered to vote in the wrong precinct without disqualifying him to run for mayor. Only if he were convicted of a crime like Charlie White was in regards to his voter registration could he be disqualified. His story notes that it is a felony under state law "to knowingly provide false information on a voter registration form."
UPDATE III: Note that the Secretary of State's registered business address for Brewer's business, Crimson Circle, LLC, currently lists Brewer as its registered agent at the 350 N. Meridian Street, Unit #207 address at the Athletic Club. Click here to view it.