Board: Remove candidate from ballot (09/09/2008)

The Jay County Election Board decided unanimously to remove a candidate from the District 1 Jay School Board race for failing to meet residency requirements.

In a hearing that lasted about 45 minutes, election officials ruled that Zeb Sutton, who had filed for the District 1 (city of Portland) school board seat, failed to maintain a one-year residency in the district to make him eligible to run. The challenge, brought forward by Portland resident Jerry Votaw, was upheld.

After the decision, Sutton vowed to appeal the decision in the court system - all the way to the Indiana Supreme Court, if necessary.

"The candidate must be in the district for one year," Votaw said at the opening of the hearing.

And then the battle began.

Sutton argued that intent to live in a district is enough, often citing the residency challenge against Evan Bayh in the 1988 gubernational race, while his opponent Jim R. Sanders found residency to be based more on occupation.

"My intent has been there," Sutton said. "I had to have a two-bedroom house. My intent was to come back ... to help the community."

Sutton formerly resided in Dunkirk, then moved to Albany for more than half a year before coming to his home in Portland in June, but said he was attempting but unable to locate a two-bedroom home within the city for himself and his daughter and always intended to move back into Portland.

His challenger, Jim R. Sanders, drew the question as to how long it would actually take to locate a two-bedroom home in town. Sutton had been working with local landlord Ken Kunkle, but Sanders pointed out there are plenty of other landlords in town that maybe would have had an opening.

"I just know there are places available," he said.

While living in Albany, however, Sutton did register to vote in Delaware County and did vote in the May primary there - a point the election board took to be a deciding factor in their decision.

"It was a whole lot easier when it was where you lay your head at night," said Jay County Clerk Jane Ann Runyon. "I believe when you register to vote in Delaware County, that is your home."

The three-member election board voted unanimously to disqualify Sutton from the race.

"Your intent wasn't here in Jay County," said election board president Tim Southworth. "We have ruled."

"And will be appealed," said Sutton, who said he would be willing to take this issue as far as the Indiana Supreme Court if necessary. The next step would be to file an appeal that would be heard before the Jay County Circuit Court.

"Well, good luck," Southworth said. "That's our judgment."[[In-content Ad]]