Bartholomew County’s Democratic chairman and three candidates for county council-at large have filed a lawsuit against the Bartholomew County Election Board, as well as council President Matt Miller, alleging Miller does not meet residency requirements to serve or be re-elected.
The litigation filed Wednesday cites allegations made in July by nearly a dozen residents of the Highland Ridge subdivision. The neighbors signed a petition challenging Miller’s declaration of candidacy stating his primary residence is in their neighborhood.
Instead, those who signed the petition maintain Miller’s main residence is on 80 acres located off Jennings County Road 300S. If Miller lives in Jennings County, he would be ineligible to serve on the council and an injunction is needed to remove him from office.
In the Complaint for Declaratory and Injunctive Relief filed Wednesday in Bartholomew Superior Court 1, the defendants are listed as Miller, county Clerk Jay Phelps and two other election board members, James Holland and Julie Schuette.
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The plaintiffs are Bartholomew County Democratic Party Chairman Steve Schoettmer, as well as Democratic council at-large candidates Ruth Claudette Schroer, Olisa Humes and Tiffany D. Bosley.
Plaintiffs’ attorney Ross G. Thomas said his clients are seeking no monetary compensation. Instead, the Democrats want a decision on whether Miller has been eligible to sit on the council over the last four years, as well as whether his name should be on the ballot this fall, Thomas said.
No action was taken after the neighbors’ petition was presented to Phelps last July, Schoettmer said. The party chairman said he was later informed no investigation can be authorized until a formal complaint is filed.
"I did file a verified and sworn formal complaint with the election board on Aug. 18," Schoettmer wrote. "Once again, the election board chose to take no action on the complaint."
It was the board’s refusal to investigate the matter that, according to Schoettmer, left Democrats no choice but to file the lawsuit.
The party chairman said he’s not sure why the allegations have been ignored, although he calls it noteworthy that Miller is a Republican, and the GOP has the majority on the election board.
According to Indiana code, the election board needs substantial reason to believe an election law violation has occurred before it can start an investigation.
Documents obtained by The Republic show Miller’s driver’s license, emergency information card with the Jennings County Sheriff’s Department, 2020 candidacy form and employment eligibility form with the U.S. Dept. of Homeland Security all contain the Highland Ridge property as his home address.
Miller said he also has tax returns, W2 forms and bills for utilities, internet and cable television service that all list the Bartholomew County residence south of Petersville as his principal address.
“The allegations are not true,” Miller said. “I’ve lived in Bartholomew County my entire life, except for when I attended Purdue University.”
Miller said he prefers renting the Highland Ridge property because the contract does not hold him responsible for property upkeep. Since Miller is also a part-time Jennings County deputy and the owner of Raft To Rafters Pool and Spa, Inc. in Columbus, the councilman says he has little to no time for yard work.
He describes the Jennings County property as one of several properties he owns as part of a real estate investment business. The councilman says he eventually wants to convert the hunting lodge on the property near the Muscatatuck River and the Crosley Fish and Wildlife Area into an Airbnb suitable for hosting corporate retreats when the COVID-19 crisis recedes.
After receiving the letter from the Highland Ridge neighbors in July, Phelps said he reached out to the Election Division of the Indiana Secretary of State’s office to inquire on the proper way to handle the matter.
The county clerk said he was told the matter was likely to become more of a court-related issue, rather than a matter handled by a local election board.
Since Phelps is listed as a defendant in the law suit, he has been advised not to publicly talk about the litigation. Instead, Phelps referred all inquiries to the Election Division of the Indiana Secretary of State’s office.
Calls to division co-director J. Bradley King, as well as election division attorneys Valerie Worycha and Matthew Kochever were not returned as of press deadline Thursday.
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Eight summons or subpoenas were issued on the same day four Democrats filed a lawsuit against the Bartholomew County Election Board and county council president Matt Miller.
The next step will rest in the hands of Bartholomew Superior Court 1 Judge James Worton, plaintiffs’ attorney Ross G. Thomas said.
Since the civil lawsuit is political in nature, there is a good chance Worton will request a special judge from outside the Columbus area to preside over the case, Thomas said.
That’s because Worton and most of the defendants are Republicans, the attorney said. In these types of cases, judges usually want to bring in an outside judge to avoid any appearance of judicial impropriety, Thomas said.
No further court dates will be set until either Worton or a special judge is selected, Thomas said.
Although the plaintiffs have asked that the law uit be expedited, Thomas said there’s no guarantee the matter will be settled prior to the Nov. 3 election.
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