Canyon County, Idaho
1. Patti Anne Lodge willingly made her Sunnyslope residence unlivable before redistricting was finalized by donating it. However, there is no record of permits to move it or place it in residence someplace else in the county Development Services Department records.
2. Patti Anne Lodge no longer had a residence at 18500 Symms Rd to reside in, thus was no longer an elector of Precinct 32, District 11. According to Idaho State Code (ISC) 34-107. "Residence" defined. (1) "Residence," for voting purposes, shall be the principal or primary home or place of abode of a person. Black’s Law Dictionary defines abode as legal residence and legal residence as the place a person spends most of his time and is the home that is recognized by law.
3. Yet, Patti Anne Lodge claimed her Sunnyslope property as her residence on her declaration of candidacy and in documentation to the Idaho Secretary of State and the Canyon County Clerk to run as District 11 Senator and Precinct 32 Committeewoman.
4. While she does own another house inside legislative district 11 under her Windridge LLC at 21251 Homedale Rd Caldwell, she purposefully chose to live outside her legislative district in her house on 703 E. Logan in District 10 that her husband, Federal Judge Edward Lodge inherited and remodeled recently. She chose not to rent any place within her district for a residence, live at her Homedale residence nor move in a temporary residence at 18500 Symms Rd.
5. The lack of construction permits or applications for building permits demonstrates that Patti Anne Lodge has made no conscious effort to reclaim Sunnyslope as a residence. Furthermore, placing a mobile home on the property was only offered after the Press-Tribune exposed Senator Lodge was not living in the district she was elected to represent.
6. Patti Anne Lodge lived outside legislative district 11 for at least 13 months before the 2012 election per proof in fact #1.
a. ISC 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.
b. ISC 18-2302. False swearing as to qualifications as voter. Every person who, upon his right to vote being challenged at any election held under the laws of this state, willfully, corruptly and falsely swears touching his qualifications as a voter, is guilty of perjury.
c. ISC 18-2304. Procuring illegal votes. Every person who procures, aids, assists, counsels or advises another to give or offer his vote at any election, knowing that the person is not qualified to vote, is guilty of a misdemeanor.
d. ISC 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.
e. ISC 34-107 can be justified by the State Constitution under Article VI, section 5 (Residences for voting purposes not lost or gained).
f. ISC 34-413. Reregistration of elector who changes residence. An elector who moves to another county within the state or to another state within thirty (30) days prior to any election shall be permitted to vote in the ensuing election by absentee ballot. Obviously, Patti Anne Lodge was twelve months outside of this contingency.
g. ISC 34-614. Election of state representatives and senators -- Qualifications. (2) No person shall be elected to the office of representative or senator unless he shall have attained the age of twenty-one (21) years at the time of the general election, is a citizen of the United States and shall have resided within the legislative district one (1) year next preceding the general election at which he offers his candidacy.
h. ISC 34-624. Election of precinct committeemen -- Qualifications. (2) No person shall be elected to the office of precinct committeeman unless he has attained the age of eighteen (18) years at the time of his election, is a citizen of the United States, a registered elector of and shall have resided within the voting precinct for a period of six (6) months next preceding his election.
i. ISC 34-2101. Grounds of contest. The election of any person to any legislative or state executive office may be contested:
2. When the incumbent was not eligible to the office at the time of the election;
4. When the incumbent has given or offered to any elector, or any judge, clerk, or canvasser of the election, any bribe or reward in money or property, for the purpose of procuring his election, or has committed any violation as set out in chapter 23, title 18, Idaho Code;
j. ISC 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.
k. Article IV, Section 8 of the Idaho GOP Rules state, The County Central Committee shall appoint by election to fill all vacancies that occur or exist in the offices of Precinct Committeemen. Candidates shall be qualified electors of the precinct.
l. Article III, Section 2 of the Canyon County By-Laws state, Qualifications: All members of the County Central Committee shall be qualified electors of the precinct in which they reside (ISC 34-402/104)
7. Article III, section 6 of the Idaho Constitution states, “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 III, section 11, states, Expulsion of members. Each house may, for good cause shown, with the concurrence of two-thirds of all the members, expel a member.
8. Verbal inquiries involving the Sunnyslope property and Patti Anne Lodge not living in her legislative district were made early on by several people during the campaign season. Maurice Clements chose to run a clean campaign and stick to the issues at hand, while hoping for Patti Anne Lodge to do the honorable thing.
9. The Canyon County Assessor's Office took away Patti Anne Lodge’s homeowner's exemption for 18500 Symms Rd. According to ISC 63-602G. PROPERTY EXEMPT FROM TAXATION -- HOMESTEAD. (2) The exemption allowed by this section may be granted only if: (a) The homestead is owner-occupied and used as the primary dwelling place of the owner as of January 1, provided that in the event the homestead is owner-occupied after January 1, but before April 15, the owner of the property is entitled to the exemption. The homestead may consist of part of a multi-dwelling or multi-purpose building and shall include all of such dwelling or building except any portion used exclusively for anything other than the primary dwelling of the owner. 63-701. DEFINITIONS. As used in this chapter:
(2) "Homestead" means the dwelling, owner-occupied by the claimant as described in this chapter
and used as the primary dwelling place of the claimant and may be occupied by any members of the household as their home, and so much of the land surrounding it, not exceeding one (1) acre, as is reasonably necessary for the use of the dwelling as a home. It may consist of a part of a multi-dwelling or multi-purpose building and part of the land upon which it is built. "Homestead" does not include personal property such as furniture, furnishings or appliances, but a manufactured home may be a homestead.
(6) "Occupied" means actual use and possession.
(8) (a) "Primary dwelling place" means the claimant's dwelling place on January 1 or before
April 15 of the year for which the claim is made. The primary dwelling place is the single place where a claimant has his true, fixed and permanent home and principal establishment, and to which whenever the individual is absent he has the intention of returning. A claimant must establish the dwelling to which the claim relates to be his primary dwelling place by clear and convincing evidence or by establishing that the dwelling is where the claimant resided on January 1 or before April 15 and:
1. (i) At least six (6) months during the prior year;
(Will attach homeowner’s exemption information that was just received from the Canyon County Assessor’s office.)
11. This did not trigger any changes in the County Clerk’s office with respect to election status. However according to the Canyon County Clerk’s website http://www.canyonco.org/Elected-Officials/Clerk/Clerk-Elections/FAQ-s.aspx , it is the responsibility of the citizen to re-register if they move either inside or out of a county because a change of precinct, district, county or city change will change the races that the citizen can lawfully vote and/or run for. Voter registration is public knowledge according to ISC 34-4.
12. Senate and House leadership usually inform their respective legislators that temporarily live outside their districts to immediately move back into their districts and give them a deadline to do such. Matters of this nature sometimes occur with marital problems and discretion is needed. Patti Anne Lodge is a senior legislator and should have known better.
13. There has been intimidation for people wishing to collect information and press the matter that Patti Anne Lodge is not living within her district. Furthermore, the fear of retaliation is real. Governor Otter campaigned for Patti Anne Lodge in her last primary race; she is one of four people that have this honor. Patti Anne Lodge is married to an active well-established federal judge as well; Ed Lodge's judicial district is the entire state of Idaho.
14. The Canyon County and the Legislative District 11 Republican Central Committees should pull Patti Anne Lodge's position as a precinct committeeman that she was not qualified to run for. However, they do not have the authority to cause Patti Anne Lodge to lose her Senate position. The Idaho Senate has that responsibility.
A. Canyon County Clerk, Chris Yamamoto is the chief election officer of Canyon county. Ben Ysursa is the chief election officer of the state of Idaho and would be a resource Mr. Yamamoto would rely upon in this situation. The evidence shows that 18500 Symms is not Edward and Patti Anne Lodge's residence. Given political pressure and the fact Secretary of State Ben Ysursa has given his position on this matter, there are no assurances this process will be handled in a just or fair way. ISC 18-2304. Procuring illegal votes..
B. The lack of filing for a permit to demolish a house or a permit to move a house that could have potentially triggered internal county software involving election status shows either a disregard for county codes or an intentional deception. Is there a procedure in place for the Canyon County Assessor or Development Services Department to contact the County Clerk's Office when a candidates homeowner's exemption is revoked or a residence is no longer inhabitable? However, it is the responsibility of the candidate/citizen to NOT commit election and/or voter fraud. Officials in public trust positions should avoid the very appearance of fraud, deception and corruption. A senator that has served several terms has to know this by now!
C. The physical location of one's residence determines voting status. Patti Anne Lodge has recently used a Huston PO Box address as her mailing address; the mailing address has no bearing on the matter. If Patti Anne Lodge had moved to the Homedale Rd property and amended the record, the matter would have been moot with respect to her senate seat. However, she still would have had to give up her precinct committeeman seat run or run for the legal precinct in the Canyon County Republican party.
For example, in a neighboring county there is a legislator with a mailing address in a nearby town just over his county's border. During redistricting, the Idaho Statesman misreported the effects of some redistricting plans when they used the mailing address instead of the physical address.
D. The Secretary of State and Senate leadership has some major explaining to do. Protocol would be Secretary of State Ben Ysursa contacts the Senate Pro Tem (Senator Brent Hill) after being informed about the residence problem. It would then be the job of the Senate Pro Tem and the Majority Leader, Senator Bart Davis, to discuss matters with Senator Patti Anne Lodge to bring her in compliance with state laws and the state constitution as soon as possible. Did the following discussion occur and why or why not?
E. Senator Branden Durst recently resigned because he no longer resided in his district.
F. Redistricting caused some major headaches in Bannock, Bonner, Bonneville, Twin Falls, and, most importantly,
Canyon County when it came to drawing precinct and legislative district lines. With respect to the county clerks, many of them had major election-related work that overwhelmed their staff.
The October 2011 photograph proves there was no dwelling at 18500 Symms Road. This is more than a full year before the November 2012 general election and proves Patti Anne Lodge was not eligible to be on the ballot using the Sunnyslope property as her residence, according to the state constitution in Article III, section 6. Article III, section 2, part 5 would define the boundaries used.
Furthermore, claiming this property as a residence for election purposes constitutes fraud.
Filing deadlines for the May 2012 elections also made for some interesting politics as well. Using her residence on
Logan, Patti Anne Lodge would have had to run against Senator Jim Rice, the Governor’s recently appointed senator for district 10. The incumbent Senator in district 11 was Melinda Smyser. Did Patti Anne Lodge cost Melinda Smyser a state senate seat with an improper claiming of her residence?
G. As the Chairman of the Senate Judiciary & Rules committee, she would have been aware of the Bradbury case that went to the Idaho Supreme Court. The court case is only a few years old. Judge Bradbury had a primary residence in Lewiston and a secondary residence in Idaho county. Judge Bradbury wished to save the state of Idaho some money and stay in his second home when he had cases in Idaho county. The Idaho Supreme Court ruled Judge Bradbury could not do this; Judge Bradbury had to either rent a motel room and submit a bill or use his primary residence in Nez Perce county to stay as an eligible judge for that county. A similar standard could be applied to Patti Anne Lodge. At this point in time, it is the purview of the Idaho Senate to determine consequences for Senator Patti Anne Lodge.