Monroe County Democratic Party

FOR IMMEDIATE RELEASE

Documents filed today with the Indiana Election Commission show that Republican Kevin Suddeth is not a legally qualified candidate for state representative in District 61. 
 
Despite certifying on his official Declaration of Candidacy for Primary Nomination that he was registered to vote in Washington Township, the Monroe County Election Board determined Suddeth was not registered in Monroe County when the Republican-controlled Board rejected his provisionally-cast primary ballot.  Indiana Law (IC 3-8-1-1) required Suddeth to be registered to vote in District 61 no later than Feb. 19, 2010 which was the last day for major party candidates to file their declarations of candidacy. 
 
A candidate's voter registration is a key element for determining whether that candidate has met the constitutional requirement that legislators live in their legislative districts for at least one year prior to serving.  In Suddeth's case, it is unclear when he actually became a resident of Monroe County.
 
While Suddeth purchased a home in Washington Township in May of 2005, until May 18, 2010 he continued to be registered at a Greene County address where he voted in  the most recent general election in November of 2008.  When he attempted to vote in the May 2010 primary election in Washington Township, he was forced to cast a provisional ballot because he was not registered there.  The Republican-controlled Monroe County election board officially ruled Suddeth's primary election ballot invalid because he was not registered to vote in Monroe County.
 
The confusion over Suddeth's legal residence arises because Mr. Suddeth affirmed on his Primary "Affidavit of a Challenged Voter" that he has resided in Washington Township since June 15, 2005.  However, this conflicts with the fact that the Greene County 2008 general election pollbook shows he voted in person at the Taylor Precinct in Greene County. 
 
Under Indiana election law (IC 3-8-8-3), any voter in District 61 may challenge a legislative candidate's qualifications to be on the general election ballot up to 74 days before the date of the general election.  District 61 resident Lorraine Farrell filed the challenge to Suddeth's eligibility.
 
"Challenging a candidate's eligibility shouldn't be done lightly, and only when the facts are clear," Farrell said.  "In the end it boiled down to these two basic facts:  the law required Mr. Suddeth to be registered in District 61 by February 19th.   The County Election Board ruled he was not registered in District 61 on primary election day, several months past the February deadline.  It is really an open and shut case." 
 
                                                                                       
SUDDETH REGISTRATION/VOTING TIMELINE 
May 27, 2005           Suddeth purchases a house in Washington Township, Monroe County
 
November 4, 2008    Suddeth votes in Greene County on the most recent general election day
 
February 12, 2010    Suddeth files Declaration of Candidacy for House District 61, certifies he is registered to vote in Monroe County
 
May 4, 2010             Suddeth forced to cast a  provisional ballot because he is not registered in Monroe County, and he affirms under penalty of perjury that he has been a resident of Monroe county since June 15, 2005.              
 
May 14, 2010          The Republican-controlled county election board meets to determine which provisional ballots should be legally counted.  The
                                Board unanimously votes to reject Suddeth's primary ballot because he is not a registered voter in Monroe County.
 
May 18, 2010          Suddeth transfers his voter registration from Greene County to Washington Township, Monroe County after being ruled ineligible to vote by the County Election Board.
 
ATTACHED EXHIBITS:
   
Candidacy Filing Challenge Form (CAN-1) Filed by Lorraine Farrell

Exhibit A
Suddeth Declaration of Candidacy for Primary Nomination (CAN-4) with his erroneous certification that he was registered in Washington Township

Exhibit B
Suddeth "Affidavit of a Challenged Voter" (PRE-4) with his statement under penalty of perjury that he has resided in Washington Township since June 15, 2005
 
Suddeth 2010 primary election Provisional Ballot Security Envelope (PRO-2) showing his ballot ruled invalid due to being registered in Greene County

Greene County 2008 General Election Pollbook entry showing Suddeth voted in Greene County on November 4, 2008
 
Suddeth Monroe County Voter Registration Record Showing He First Registered After the Primary