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Judge upholds New Castle mayor's election

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A special judge in Henry County has dismissed a challenge to the New Castle mayor’s election, finding that mayor-elect Greg York is able to become the city’s top executive because he didn’t violate the state’s residency requirement by keeping two homes and splitting where he spent his time.

In a decision Monday, Special Judge Linda Ralu Wolf in Henry Circuit Court upheld York’s election on Nov. 8 and found he can take office at the start of the year. The ruling came about a week after Wolf, a Delaware County judge, heard arguments as to whether York met residency requirements to be mayor because he owned a home just outside the city limits and split his time between that residence and a longtime home on 11th Street inside New Castle.

York obtained 75 percent of the general election vote, securing 2,655 votes compared to the 628 received by John Mark Nipp and 226 received by Debra Baker. Nipp chose to contest the results, arguing that York isn't a city resident and doesn't meet requirements to be mayor.

 But the special judge found that Nipp and his attorney, Jeffrey Bell, fell “far short” of meeting the burden of proof to demonstrate York isn’t an eligible city resident. She rejected the idea that voters had “thrown away” their votes by casting a ballot for York on Election Day.

"A more plausible inference from York's overwhelming electoral success is that the voters, having heard the evidence of York's residency in New Castle and the arguments over it, decided that the evidence of York's intent and conduct and his long and deep connections to the community showed that he was a lawful resident of New Castle and eligible to serve as their mayor," Wolf wrote.

Nothing in state law prohibits a person from owning more than one home and having to abandon another residence when they seek public office, she wrote. Evidence shows that York continued paying property taxes, voted using that address, and kept personal belongings at that 11th St. home.

This is one of many election-related challenges that have surfaced statewide in the past year focusing on Indiana’s residency requirement. That has been an issue in the court challenges involving Indiana Secretary of State Charlie White, who faces criminal charges relating to his voter registration at an address where he allegedly didn’t reside. Hamilton Superior Judge Steven Nation on Monday declined to dismiss the criminal case against White, and it continues along with the civil suit challenging White’s ability to hold office as a result of his voter registration information.

 

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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