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McIntosh Chronology

McIntosh Chronology

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Summary and chronology of David McIntosh's allegedly false voter registration and allegedly fraudulent ballots.
Summary and chronology of David McIntosh's allegedly false voter registration and allegedly fraudulent ballots.

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Categories:Types, Letters
Published by: Darin Reboot Congress on Apr 30, 2012
Copyright:Attribution Non-commercial

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04/30/2012

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DAVID
MCINTOSH TIME
LINE
FOR
VOTE
FRAUD
AND
PERJURY
Summary
of
Residency
Laws
for
Purposes
of
Voting
Ie
3-7-13-1 sets out the terms under which a person can register to vote and, therefore,vote,
in
Indiana:A person who:(1) will be at least eighteen (18) years
of
age at the next general,municipal, or special election; and(2) is a United States citizen; and
(3)
resides in a precinct continuously before a general,Illunicipal, or special election
for
at least thirty (30) days;
may, upon making a proper application under this article, register
to
vote
in
that precinct.Thus,
to
be legally registered
to
vote, one must "reside in" his
or
her "precinct" for 30days preceding an election.The Evan Bayh case interprets the term "resident
of'
and
not
"resides in"
as
the termsare legally separate and distinct:In framing the issue,
we
are not interpreting the word"reside" but rather construing the present phrase "resident
of'
...
State Election Boardv.Bavh.
521
NE.2d
1313,1316
(Ind 1988).
The concept
of
domicile insures that a candidate is sufficientlyfamiliar with the state without placing undue limitations
on
thevoters' right to select the candidate
of
their choice. Such aninterpretation
of
the residency requirement allows voters toconsider the candidate's relationship
to
the state and judge his orher familiarity with its citizens and the issues confronting them.
These purposes differ
from
those advanced by laws requiring apublic officer to reside within the political subdivision
he
serves.Physical presence
is
necessary
to
retain office once elected. Sucha requirement
is
intended to make the public officer accessible andresponsive. In this context, we have held that a public officerabandons his office when
he
physically removes himself from thestate. See Relender
v.
State (1898), 149 Ind. 284, 49 N.E, 30(construing constitutional requirement that county officers "residewithin their respective counties").
Bayh at 1316-17.
1
 
IC
3-5-2-42.5 defines "residence":"Residence" means the place:
(I)
Where a person has the person's true, fixed, and
permanent home
and
principal establishment;
and(2) To which the person has, whenever absent,
the intention
of
returning.
IC
3-5-5-2 dictates how a "residence"
be
established:
A
person's residence may be established by:
(I)
Origin or
bi11h;
(2) Intent and conduct taken
to
implement the intent;
or
(3) Operation
of
law.Thus, "residency" requires more than a self-serving declaration
of
intent. Intent must becoupled with "evidence
of
acts undertaken in fUl1herance
of
the requisite intent, which
makes the intentmanifest and believable." Bayh
al
1318,
ciling
In
re
Evrard,
333
NE.2d
765,
767
(Ind.
1975).
IC
3-5-5-11 presumes that one has a "residence" where
one's
immediate family resides:
The place where a person's immediate family resides
is
the person's residence.
unless the family's residence
is:
(I)
A temporary location for the person's immediate family; or(2) For transient purposes.The Indiana Supreme Court has recognized the importance
of
restricting illegalvoting and emphasized that citizens have no right
to
vote in precincts in which they
do
notreside:the Supreme
COUl1
has also made clear "that a governmentunit may legitimately restrict the right to participate in itspolitical processes
to
those who reside within its borders."
Hall Civic Club
v.
City
of
Tuscaloosa,
439
Us.
60,
68-9,
58
L.
Ed.
2d
292,99
SCI.
383 (/972).
Appellants' right
to
vote
is
fundamental. They
do
not,however, enjoy a fundamental right
to
vote in a precinctin which they
do
not reside.Gallagher
v.
Mouser,
598
NE.2d
510,514
(Ind.
1992).
2
 
Submitting a false voter registration form and casting a fraudulent ballot are both felonies.
IC3-14-3-1.
Charlie White was convicted on counts
of
pel ury, submitting a false ballot and casting aballot in a precinct in which he did not reside.
The David McIntosh ChronologyJanuary
of
2001. McIntosh's term in Congress ends
NOTE: At this point, McIntosh cannot claim
to
be absent from Indiana on state orfederal business
(see
Art. 2
Sec.
4
ofIndiana
Constitution and IC 3-5-5-5). Thus,David McIntosh must reside within his precinct
in
order
to
vote.
October 2001.
McIntosh is hired by his current employer Mayer Brown to be a Washington DClobbyist
[see
Attachment
1,
Mayer Brown press release]
2004.
McIntosh lobbies for Boardman Associates. One
of
Boardman's clients
is
XtremeAlternative Defense Systems ("Xtreme"). Pete Bitar is the CEO
of
Xtreme and Randall Wilson
is
on the board
ofXtreme.
Mclntosh is currently on the Board
of
Advisors
ofXtreme.
[see
Attachment
2,
David McIntosh
and
Xtreme]
June 2004.
McIntosh purchases property in Florida for $650,000.
[see
Attachment
3,
Charlotte County lax records]
Note: His Virginia home address is currently listed on the propelty records.
2004.
Ruthie McIntosh casts her last vote in Indiana (from her Delaware County registration)until re-registering in Anderson in fall
of
20 11.
[see
Attachment
4,
Ruthie McIntosh Indiana vote hislory]
July 8, 2005.
McIntosh purchases his current Arlington, Virginia, home for $825,000
[see
Attachment
5,
the Virginia home]
Note: McIntosh claims the purchase was in August even though records indicate thepurchase was in July, indicating sloppy background work presented
to
the Madison CountyProsecutor.
[see
Attachment
6,
7/8/11 Bennett letter
10
Prosecutor,
p.
2]
3

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