Starke County Election Board Conducts Candidate Challenge Hearings

The Starke County Election Board members held candidate challenge hearings Thursday, February 29.

Lonnie Boley was sworn in as a proxy for board member Jeff Houston and Larry Jernas was sworn in as a proxy for board member Marcia Bedrock who were unable to be present for Thursday’s hearing.

The first challenge came from Dave Kesvormas and Mark Gourley who challenged Justin Risner’s candidacy filing as a Starke County Commissioner in District 1 as a Republican candidate. Risner was not present at the hearing.

Clerk Bernadette Manuel, who is the third election board member, stated that he attempted to take his name off the ballot, but the deadline to file that particular paperwork was by noon local time on Friday, February 16, and Risner submitted the paperwork on February 21. She said the board would take his paperwork under consideration, but because he missed the deadline, his hearing could not be canceled and his name could not be removed from the ballot.

He was being challenged due to having felony charges in Starke County and in Kosciusko County. Risner is currently in the process of having those charges expunged, but Manuel said that process should have been concluded before filing candidacy paperwork, per Indiana Code.

Gourley stated that was the basis of his challenge and had nothing further to add. Dave Kesvormas discussed Republican Party bylaws that point to felony convictions.

Based on that, the election board voted unanimously to uphold the challenge and remove Justin Risner’s name from the May primary election ballot.

In the second hearing, David Pearman challenged Thomas DeCola’s filing for Starke County Council At-Large as a Republican candidate.

Pearman said the main basis of his challenge is of DeCola’s residency of his filing and that he is not a permanent resident at the address on his filing paperwork at 7410 W. and 250 S. in North Judson in Railroad Township. He said he has traveled by DeCola’s property and that it appears no one is at that residence. Police officers have also attempted to serve DeCola paperwork at that residence and have been unsuccessful at various times of the day on different dates, according to testimony.

DeCola testified that he has a residence at 7410 W. and 250 S. in Starke County. It is an accessory structure that he stated was converted to a residence. DeCola stated that he is staying with his brother in Jasper County, but has made his intention that his place of residence is in Starke County and it is a non-traditional residence and that he is a transient person. He said he may not sleep at the Starke County address, but it is his choice to determine that pursuant to the law. He said he conducts business in Starke County almost every day. He said there is no intention to claim Jasper County as his residence when pointing to Indiana Code on that matter. He said it is his choice to be able to sleep in another place.

Pearman pointed to Indiana Code that does not afford any transient residency in its wording and contests that DeCola can not be transient and be a viable candidate on the ballot.

There were documents provided to the election board pertained to property taxes and documents, and County Attorney Justin Schramm asked DeCola several questions about his residency. Schramm stated that DeCola was correct in his citation of Indiana Code discussing claims of residency, but it was the board’s discretion of how to interpret DeCola’s testimony.

In the end, the board voted unanimously to uphold the challenge and remove DeCola’s name from the May primary election ballot.