Thomas DeCola appealed the decision of the Starke County Election Board who voted to remove his name from the May primary election ballot as a Republican candidate for Starke County Council At-Large in a challenge hearing held February 29.
DeCola filed a motion March 4 for an emergency injunction to stop the process of removing his name from the ballot.
In response, the Starke County Election Board filed paperwork to uphold the board’s decision.
The hearing was held March 13 in La Porte Superior Court 3 with Judge Jeffrey Thorne presiding as a special judge in the case. Starke Circuit Court Judge Kim Hall recused himself from the case.
According to court documents, the Standard for review by trial court of the actions of the Starke County Election Board is to determine if the actions of the Board were either incorrect as matter of law, constituted an abuse of discretion or were arbitrary.
During the challenge hearing held February 29, David Pearman challenged Thomas DeCola’s candidacy and his claim that he was a resident of Starke County. In order to run for office, a candidate must be a resident of Starke County for at least one year.
DeCola testified during the hearing that he has a residence at 7410 West and 250 South in Starke County. It is an accessory structure that he stated was converted to a residence. DeCola testified that he goes to that property many days during the week, but he always sleeps at the home of his brother in Jasper County, and has done so since 2017. He said he may not sleep at the Starke County address, but he said it is his choice to determine that pursuant to the law.
Court documents show DeCola claimed that the pole barn is a non-traditional residence, that he is a transient person and his intent is that 7410 West 250 South in Starke County is his residence. DeCola also testified that the property at 7410 West 250 South is owned by his father.
It was noted that the accessory structure, or pole barn, was never given an occupancy permit.
There was testimony and an exhibit showing that since 2021, DeCola has claimed a Homestead Exemption on property that he owns in Starke County at 6632 West 250 South in North Judson where he testified he does not reside. An effort to personally serve DeCola papers at the 7410 West and 250 South address was not successful as there was nobody there.
After consideration of the evidence, the judge’s decision was handed down Monday, March 18 in which he found that the decision of the Starke County Election Board to remove Thomas DeCola from the ballot is affirmed. The judge also denied DeCola’s request for court cost reimbursement.
