YOUR GOVERNMENT INACTION
I’ve been spending time looking out the fallout of now former City-County Council Member Patrice Abduallah’s resignation due to the fact that he did not live in his district. What is so disturbing about this is that it is turning out how many important individuals had knowledge of the problem but no one did anything about it.
Marion County Clerk Beth White’s office knew there was a problem. In fact her office told Abduallah in February that his candidacy address did not match his voter registration. Election Board Administrator Andy Mallon says they knew there was a problem, however the Clerk’s office could not do anything because no one filed a complaint. In fairness, they offered Abduallah a chance to amend his registration form but Abduallah didn’t do it. I’m having a hard time grasping the concept that the keeper of election allowed someone to stay on the ballot, who clearly should not have been there.
In addition, local community activist Abu Henderson tells me he informed City-Council President Monroe Gray on two occasions earlier this year that Abduallah did not live in his district and the Gray did nothing about it. Henderson says he is willing to testify to that fact under oath. You would think a Council President would at least investigate whether a member of his body would be lawfully able to serve.
And I would argue at the very least, Abduallah should have known he was not in his district. He says the Clerk’s office never called him but looking at the Council map and knowing that his home was on the border, any thinking candidate would have checked to make sure everything was in order.
Why does all this matter, when Abduallah no longer holds the seat? Easy, the integrity of the process and the public’s faith in the system. Tthere were a number of important votes taken this year on the Council. Votes to raises taxes, offer incentives, etc. These votes are all in question where Abduallah was the deciding factor. City officials cite case law from Indiana’s appellate courts that say even though Abduallah might not have lawfully held the seat, he was considered a “defacto” public official and therefore his votes should stand.
While the case law is designed to protect government decisions made improperly, I would argue the intent of the law is to protect honest mistakes, not the actions of bad actors who knowingly and intentionally run afoul of the law The evidence clearly points that not only did Abduallah know he was not in his district, but the Clerk’s office knew there was a problem and the Council President had notice there was a problem.
I cannot accept that fact that Indiana laws were drafted to protect this type of behavior done under this scenario. And I would not be surprised if either litigation is filed to change this, or the legislature changes the law to only apply to errors made out of good-faith. It would be a travesty if the voters were forced to live under decisions that were made under these circumstances. And I would understand why they have no faith in the government and even less in their elected officials.
