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Analysis of the Lodge Residency Scandal

UPDATE: This matter has been taken to court.  The full proceedings of the primary election contest are available here.

If you have not yet read it, "The Lodge Residency Scandal" article provides a good overview of the situation and gives context for the information contained below:

1.  Links to external resources
2.  Relevant excerpts from Idaho Code and the Idaho Constitution demonstrating why Patti Anne Lodge is not a qualified candidate in District 11
3.  Standard definitions for some words used in the definition of "Residence", included to verify the consistency of arguments
4.  Excerpts from Idaho Code delineating specific violations and penalties pertaining to the actions of Patti Anne Lodge, Ben Ysursa, and Chris Yamamoto
5.  Counteracting arguments

1.  Links to external resources

News articles regarding Patti Anne Lodge's residency  - Please note that even though Lodge told reporters she would live in a mobile home, that never happened.  According to the Canyon County Clerk, a camper was moved to the property at one point, but they never stayed there because of federal protection restrictions (they receive federal protection because her husband is a federal district judge).  She continues to live in District 10.

http://www.idahopress.com/members/lodge-defends-residence-outside-district/article_ff3b350c-0fa8-11e3-9862-001a4bcf887a.html
http://www.idahopress.com/members/idaho-lawmakers-should-live-in-their-districts/article_28602024-11c4-11e3-ad2a-0019bb2963f4.html
http://blogs.idahostatesman.com/idaho-sen-lodge-says-shell-live-in-a-mobile-home-to-quiet-critics/

Research and specific charges against Patti Anne Lodge compiled by other individuals in the past

http://westendweeklyreporter.blogspot.com/2014/03/a-resolution-involving-precinct-32.html
http://westendweeklyreporter.blogspot.com/2013/12/republicans-to-charge-patti-anne-lodge.html
http://westendweeklyreporter.blogspot.com/2013/12/patti-anne-lodge-committed-voter-fraud_20.html
http://gemstateteaparty.blogspot.com/2013/09/watchdog-report-patti-anne-lodge.html

2.  Relevant excerpts from Idaho Code and the Idaho Constitution demonstrating why Patti Anne Lodge is not a qualified candidate in District 11 (I have emphasized some of the words, but left everything in context)

34-113. "Candidate" defined. "Candidate" means and includes every person for whom it is contemplated or desired that votes be cast at any political convention, primary, general or special election, and who either tacitly or expressly consents to be so considered, except candidates for president and vice-president of the United States.

34-704. Declaration of candidacy. Any person legally qualified to hold such office is entitled to become a candidate and file his declaration of candidacy.

34-705. All candidates for district, state and federal offices shall file their declarations of candidacy with the secretary of state.
The secretary of state, shall certify to the county clerks, within ten (10) days after the filing deadline, the names of the political party candidates who filed for federal, state and district offices and are qualified

ARTICLE III LEGISLATIVE DEPARTMENT
 Section 6. Qualifications of members. No person shall be a senator or representative who, at the time of his election, is not a citizen of the United States, and an elector of this state, nor anyone who has not been for one year next preceding his election an elector of the county or district whence he may be chosen.

Article VI, Section 2. Qualifications of electors. Every male or female citizen of the United States, eighteen years old, who has resided in this state, and in the county where he or she offers to vote for the period provided by law, if registered as provided by law, is a qualified elector.

34-104. "Qualified elector" defined. "Qualified elector" means any person who is eighteen (18) years of age, is a United States citizen and who has resided in this state and in the county at least thirty (30) days next preceding the election at which he desires to vote, and who is registered as required by law.

34-402. Qualifications of electors. Every male or female citizen of the United States, eighteen (18) years old, who has resided in this state and in the county for thirty (30) days where he or she offers to vote prior to the day of election, if registered within the time period provided by law, is a qualified elector.

34-404. Registration of electors. (1)  All electors must register before being able to vote at any primary, general, special, school or any other election governed by the provisions of title 34, Idaho Code. Registration of a qualified person occurs when a legible, accurate and complete registration card is received in the office of the county clerk or is received at the polls pursuant to section 34-408A, Idaho Code.

34-407. Procedure for registration. (1) Any county clerk or official registrar shall register without charge any elector who personally appears in the office of the county clerk or before the official registrar, as the case may be, and requests to be registered.
(2)  Upon receipt of a written application to the county clerk from any elector who, by reason of illness or physical incapacity is prevented from personally appearing in the office of the county clerk or before an official registrar, the county clerk or an official registrar so directed by the county clerk shall register such elector at the place of abode of the elector.

34-408A. Election day registration. An individual who is eligible to vote may register on election day by appearing in person at the polling place for the precinct in which the individual maintains residence, by completing a registration card, making an oath in the form prescribed by the secretary of state and providing proof of residence. An individual may prove residence for purposes of registering by:
(1)  Showing an Idaho driver's license or Idaho identification card issued through the department of transportation; or
(2)  Showing any document which contains a valid address in the precinct together with a picture identification card; or
(3)  Showing a current valid student photo identification card from a postsecondary educational institution in Idaho accompanied with a current student fee statement that contains the student's valid address in the precinct.
Election day registration provided in this section shall apply to all elections conducted under title 34, Idaho Code, and to school district and municipal elections.
An individual who is eligible to vote may also register, upon providing proof of residence, at the "absent electors' polling place" provided in section 34-1006, Idaho Code.

34-411. Application for registration -- Contents. (1) Each elector who requests registration shall supply the following information under oath or affirmation:
(a)  Full name and sex.
(b)  Mailing address, residence address or any other necessary information definitely locating the elector's residence.
(c)  The period of time preceding the date of registration during which the elector has resided in the state.
(d)  Whether or not the elector is a citizen.
(e)  That the elector is under no legal disqualifications to vote.
(f)  The county and state where the elector was previously registered, if any.
(g)  Date of birth.
(h)  Current driver's license number or identification card issued by the Idaho transportation department. In the absence of an Idaho driver's license or state issued identification card, the last four (4) digits of the elector's social security number.
(2)  As provided for in section 34-404, Idaho Code, each elector shall select an affiliation with a political party qualified to participate in elections pursuant to section 34-501, Idaho Code, or select to be designated as "unaffiliated." The selection of party affiliation or designation as "unaffiliated" shall be maintained within the voter registration system as provided for in section 34-437A, Idaho Code. If an elector shall fail or refuse to make such a selection, the county clerk shall record as "unaffiliated" such elector within the voter registration system as provided for in section 34-437A, Idaho Code.
(3)  Any elector who shall supply any information under subsection (1) of this section, knowing it to be false, is guilty of perjury.
(4)  Each elector who requests registration may, at the elector's option, supply the elector's telephone number. If the telephone number is supplied by the elector, the telephone number shall be available to the public.

34-416. Registration cards. (1) The registration card shall contain the following warning:
WARNING: Any elector who supplies any information, knowing it to be false, is guilty of perjury.
(2)  The elector shall read the warning set forth in subsection (1) of this section and shall sign his name in an appropriate place on the completed card.
(3)  The registration card completed and signed as provided in this section constitutes the official registration card of the elector. The county clerk shall keep and file all such cards in a convenient manner in his office. Such cards constitute the register of electors and shall be considered confidential and unavailable for public inspection and copying except as provided by subsection (25) of section 9-340C, Idaho Code.

34-107. "Residence" defined. (1) "Residence," for voting purposes, shall be the principal or primary home or place of abode of a person. Principal or primary home or place of abode is that home or place in which his habitation is fixed and to which a person, whenever he is absent, has the present intention of returning after a departure or absence therefrom, regardless of the duration of absence.
(2)  In determining what is a principal or primary place of abode of a person the following circumstances relating to such person may be taken into account: business pursuits, employment, income sources, residence for income or other tax pursuits, residence of parents, spouse, and children, if any, leaseholds, situs of personal and real property, situs of residence for which the exemption in section 63-602G, Idaho Code, is filed, and motor vehicle registration.
(3)  A qualified elector who has left his home and gone into another state or territory or county of this state for a temporary purpose only shall not be considered to have lost his residence.
(4)  A qualified elector shall not be considered to have gained a residence in any county or city of this state into which he comes for temporary purposes only, without the intention of making it his home but with the intention of leaving it when he has accomplished the purpose that brought him there.
(5)  If a qualified elector moves to another state, or to any of the other territories, with the intention of making it his permanent home, he shall be considered to have lost his residence in this state.

ARTICLE VI SUFFRAGE AND ELECTIONS
 Section 5. Residence for voting purposes not lost or gained. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of this state, or of the United States, nor while engaged in the navigation of the waters of this state or of the United States, nor while a student of any institution of learning, nor while kept at any alms house or other asylum at the public expense.

34-405. Gain or loss of residence by reason of absence from state. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his absence while employed in the service of this state or the United States, while a student of any institution of learning, while kept at any state institution at public expense, nor absent from the state with the intent to have this state remain his residence. If a person is absent from this state but intends to maintain his residence for voting purposes here, he shall not register to vote in any other state during his absence.

3.  Standard definitions for some words used in the definition of "Residence", included to verify the consistency of arguments - This section is simply to show that my reading of the law (Idaho Code 34-107) is consistent with standard English usage of terms involved, meaning that a residence, home, or place of abode refers to a place where someone lives; whereas the Canyon County Clerk tried to convince me that a home was not necessarily a home.

res·i·dence
noun: residence;
    a person's home; the place where someone lives.
    synonyms:    home, house, place of residence, address;
    dwelling, dwelling place, domicile, abode

home
noun: home;
    the place where one lives permanently, esp. as a member of a family or household.
    synonyms:    residence, place of residence, house, apartment, flat, bungalow, cottage;
    domicile, abode, dwelling, dwelling place, habitation

a·bode
noun: abode;
    a place of residence; a house or home.
    synonyms:    home, house, place of residence, accommodations;
    dwelling, dwelling place, residence, habitation

hab·i·ta·tion
noun: habitation
    the state or process of living in a particular place.
    synonyms:    occupancy, occupation, residence, residency, living in, tenancy
        a place in which to live; a house or home.
        synonyms:    residence, place of residence, house, home, seat, lodging place, billet, quarters, living quarters, rooms, accommodations;

dom·i·cile
noun: domicile;
        a person's residence or home.
        synonyms:    residence, home, house, address, residency, lodging, accommodations;
        dwelling (place), abode, habitation

4.  Excerpts from Idaho Code delineating specific violations and penalties pertaining to the actions of Patti Anne Lodge, Ben Ysursa, and Chris Yamamoto - Who should be charged, and for what?

Patti Anne Lodge

6-602. Actions for usurpation of office. An action may be brought in the name of the people of the state against any person who usurps, intrudes into, holds or exercises any office or franchise, real or pretended, within this state, without authority of law. Such action shall be brought by the prosecuting attorney of the proper county, when the office or franchise relates to a county, precinct or city, and when such office or franchise relates to the state, by the attorney general; and it shall be the duty of the proper officer, upon proper showing, to bring such action whenever he has reason to believe that any such office or franchise has been usurped, intruded into, held or exercised without authority of law. Any person rightfully entitled to an office or franchise may bring an action in his own name against the person who has usurped, intruded into, or who holds or exercises the same.

18-2322. Illegal registration by voter. Any person who shall willfully cause, or endeavor to cause, his name to be registered in any other election district than that in which he resides, or will reside prior to the day of the next ensuing election, except as herein otherwise provided, and any person who shall cause, or endeavor to cause, his name to be registered, knowing that he is not a qualified elector, and will not be a qualified elector on or before the day of the next ensuing election, in the election district in which he causes or endeavors to cause such registry to be made, and any person who shall induce, aid or abet anyone in the commission of either of the acts in this section enumerated and described, shall be fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or be confined in the county jail for not less than one (1) month nor more than six (6) months, or both.

34-411. Application for registration -- Contents. (1) Each elector who requests registration shall supply the following information under oath or affirmation:
(b)  Mailing address, residence address or any other necessary information definitely locating the elector's residence.
(3)  Any elector who shall supply any information under subsection (1) of this section, knowing it to be false, is guilty of perjury.

49-320. Notice of change of address. It is the responsibility of every licensed driver and every person applying for a driver's license to keep a current address on file with the department.
(1)  Whenever any person after applying for or receiving a driver's license shall move from the address shown in the application or in the driver's license issued, that person shall, within thirty (30) days, notify the department in writing of the old and new addresses.
(3)  It is an infraction for any person to fail to notify the department of a change of address as required by the provisions of subsection (1) of this section.

Chris Yamamoto, Canyon County Clerk

18-2321. Fraudulent permission of registration. Any registry agent, or other person, who in any manner shall wilfully or corruptly permit any person not entitled to registration or to a certificate of registration, to be registered or have a certificate of registration, or who delays or fails to deliver the certified copies of the official register and the check list to the judges of election as required by law, or who permits any person to register after the date on which the registration books close, or who shall otherwise wilfully or corruptly violate any of the provisions of the law governing elections, the penalty for which is not herein specially prescribed, shall be punished for each and every offense by imprisonment in the penitentiary for a term of not less than one (1) year nor more than five (5) years, or by a fine of not less than $100 nor more than $2,000, or by both such fine and imprisonment in the discretion of the court.

Ben Ysursa, Secretary of State

18-2301. Official neglect or malfeasance. Every person charged with the performance of any duty, under the provisions of any law of this state relating to elections, who wilfully neglects or refuses to perform it, or who, in his official capacity, knowingly and fraudulently acts in contravention or violation of any of the provisions of such laws, is, unless a different punishment for such acts or omissions is prescribed by this Code, punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the state prison not exceeding five (5) years, or by both and shall in addition thereto, and regardless of whether or not criminal prosecution is undertaken, be subject to removal from office as provided in title 19, chapter 41, Idaho Code.

18-2315. Election offenses not otherwise provided for. Every person who wilfully violates any of the provisions of the laws of this state relating to elections is, unless a different punishment for such violation is prescribed by law, punishable by fine not exceeding $1,000, or by imprisonment in the state prison not exceeding five (5) years, or by both.

5.  Counteracting arguments

Both the Secretary of State and the Canyon County Clerk refused to engage me in a logical reading and explanation of the law.  The Secretary of State invoked the support of the Attorney General, Lawrence Wasden (the same Lawrence Wasden who is on record as stating that the Second Amendment does not secure an individual right).  The Canyon County Clerk deferred to the Secretary of State and also invoked the support of the Prosecuting Attorney.  Their distorted view is what has been carried and proclaimed by the news media.

Here is how they want you to read the law (I highlighted their focus and added the necessary inferred words, "property" and "district"):

34-107. "Residence" defined. (1) "Residence," for voting purposes, shall be the [property] principal or primary home or place of abode of a person. Principal or primary home or place of abode is that home or place in which his habitation is fixed and to which a person, whenever he is absent, has the present intention of returning after a departure or absence therefrom, regardless of the duration of absence.
(3)  A qualified elector who has left his home and gone into another [district] state or territory or county of this state for a temporary purpose only shall not be considered to have lost his residence.

This reading of the law clearly ignores not only the intent or purpose of the law, but also the simple logic and fundamental basis of the definition.  First of all, the "temporary purpose" spoken of in clause (3) refers to those situations that are specifically outlined in both the state constitution and code for loss or gain of residence, none of which apply to Lodge's situation.  However, even if you want to interpret that law to supersede the constitution and have it apply to any random temporary leave, then logic still requires the existence of a home to return to.  The definition of "Residence" clearly requires a home (place of abode) to exist in order for one to be absent with an intention of returning.  The important point is that there is no home on the property, therefore, the definition of residence cannot be met, and the temporary nature of the situation is irrelevant.

As well intentioned as Lodge may be, the fact remains that she has consciously chosen to reside outside of District 11 for several years now.  It is well past time to hold her accountable for that choice.