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 30 days preceding an election. The Evan Bayh case interprets the term "resident of' and not "resides in" as the terms are 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 sufficiently familiar with the state without placing undue limitations on the voters' right to select the candidate of their choice. Such an interpretation of the residency requirement allows voters to consider the candidate's relationship to the state and judge his or her familiarity with its citizens and the issues confronting them. These purposes differ from those advanced by laws requiring a public officer to reside within the political subdivision he serves. Physical presence is necessary to retain office once elected. Such a requirement is intended to make the public officer accessible and responsive. In this context, we have held that a public officer abandons his office when he physically removes himself from the state. See Relender v. State (1898), 149 Ind. 284, 49 N.E, 30 (construing constitutional requirement that county officers "reside within their respective counties"). Bayh at 1316-17.


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 be coupled with "evidence of acts undertaken in fUl1herance of the requisite intent, which makes the intent manifest 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 illegal voting and emphasized that citizens have no right to vote in precincts in which they do not reside: the Supreme COUl1 has also made clear "that a government unit may legitimately restrict the right to participate in its political 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 precinct in which they do not reside. Gallagher v. Mouser, 598 NE.2d 510,514 (Ind. 1992).


Submitting a false voter registration form and casting a fraudulent ballot are both felonies. IC 3-14-3-1. Charlie White was convicted on counts of peljury, submitting a false ballot and casting a ballot in a precinct in which he did not reside.

The David McIntosh Chronology

January of 2001. McIntosh's term in Congress ends NOTE: At this point, McIntosh cannot claim to be absent from Indiana on state or federal 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 DC lobbyist
[see Attachment 1, Mayer Brown press release]

2004. McIntosh lobbies for Boardman Associates. One of Boardman's clients is Xtreme Alternative 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 the purchase was in July, indicating sloppy background work presented to the Madison County Prosecutor. [see Attachment 6, 7/8/11 Bennett letter 10 Prosecutor, p. 2]


Note: Did Mclntosh represent that he was a Virginia resident on his mortgage application and in his mortgage? August 2005. McIntosh moves family to new Virginia residence.

[see Attachment 6, 7/8/11 Bennett letter to Prosecutor, p. 2]
Unknown Date After August 2005 and before February 2008. McIntosh rents the Muncie home to another family.

[see Attachment 6, 7/8/11 Bennett letter to Prosecutor, p. 3]
Note: Mcintosh claims to have "maintained a p0l1ion of the home (an upper floor)" for his own use. However, McIntosh never claims to have lived there after renting to another family and moving to Virginia. He does acknowledge that he voted from the Muncie address while another family was living there.

[see Attachment 6, 7/8/11 Bennett letter to Prosecutor, p. 3]
October 31, 2006. The Muncie Star reports that McIntosh "now lives in Virginia" but was back to vote because "he still owns a home in Muncie, allowing him to vote in Indiana."

[see Attachment 7, October 31, 2006 news article]
Note: Ruthie does not vote in Indiana even though she, too, "owns a home in Muncie." Note: A mere ownership of a home does not establish residency. May 30, 2007. McIntosh lists his Muncie home for sale indicating intent not to remain in Muncie.

[see Attachment 8, Muncie listing]
February 7, 2008. McIntosh deeds Muncie home to the James and Kathy Lee.

[see Attachment 9, Muncie Deed]
Note: Both David's and Ruthie's signatures are notarized in Washington DC (not Indiana). Note: This is the last date at which McIntosh owns a home in Indiana. Indeed, he still owns no home in Indiana and his family lives in Virginia where his children still go to schoo!' June 2008. McIntosh registers to vote at 15 W 900 S in Pendleton.


Note: Registering to vote in Indiana requires a sworn statement under penalties for perjury that you will live in the precinct continuously in which you register for at least 30 days before an election.
[see Attachment 10, Voter Registrationjorm]

Note: Ruthie (unlike David) does not register to vote at this address. It is believed she was registered to vote in Virginia where she and the entire McIntosh family actually lived. Registration in Virginia would be a declaration of Virginia residency.
[see Attachment 11, David McIntosh vote history]

Note: Randall and Brenda Wilson own the Pendleton home at which McIntosh registered. Property tax records list it as a "I-Family Dwell[ing]."
[see Attachment 12, Pendleton Parcel Record Information]

Note: McIntosh claims to "rent" the home where the Wilsons actually live. Notably, Randall Wilson is a board member ofXtreme (McIntosh former lobbying client). McIntosh currently lists himself as a member of the "Board Of Advisors" for Xtreme (his former lobbying client).
[see Attachment 13, 6/7/11 Indianapolis Star article] [see Attachment 3, David McIntosh and Xtreme]

Note: While McIntosh claimed to have rented the Pendleton address where another family lived, he did not produce a lease or proof of any "rent" payments.

Note: The Mclntosh criminal defense attorney asserted on July 8, 2011, that McIntosh "receives mail at the Pendleton address." After admitting that he moved to Arlington, Virginia (where he lives with hisfamity so he can work in DC and his children attend school), does anyone really believe that he received his mail in Pendleton, Indiana where another family lives?

September 22,2008. McIntosh is cited in Falls Church, Virginia for operating an uninspected vehicle and failure to obtain a Virginia driver's license.
[see Attachment /4, Traffic/Criminal Case Details]

Note: As is in Indiana, one must be a resident of Virginia resident to obtain a Virginia driver's license. Indeed, the application contains a Certification in which the applicant must state: "I certifY and affirm that I am a resident of Virginia, that all information in this application is true and correct" and that "I make this certification and affirmation under penalties for perjury and understand that knowingly making a false statement on this application is a criminal violation. "


[see Attachment 15, application jar Virginia driver's license]

Note: This sworn statement would conflict with McIntosh's sworn statement when he (but not Ruthie) registered to vote in Pendleton only ajew months earlier.
October 2008. Court finds McIntosh guilty of the two infractions from September, including the failure to obtain a Virginia driver's license (and hence being a Virginia resident).
[see Allachment 14, Traffic/Criminal Case Details]

November 4, 2008. Despite the prior citation and the guilty verdict for failing to obtain a Virginia driver's license when he was a Virginia resident and despite the fact that he was living in Virginia with his family, McIntosh casts a ballot from the Pendleton address by absentee ballot.
[see Attachment 16, 2008 absentee ballot report] Note: The ballot is sent to his Arlington, Virginia address. Note: McIntosh swore under oath that he would reside in his Pendleton precinctjor at least 30 continuous days preceding this election. Within that same 30 days McIntosh knew he was a Virginia resident. McIntosh was living in Virginia the 30 days preceding this election. Note: Ruthie McIntosh casts no vote in Indiana. It is believed that Ruthie is registered to vote in Virginia. [see Attachment 4, Ruthie McIntosh Indiana vote history]

November 18, 2008. Indiana BMV enters notation on McIntosh driver record: Moved to Virginia. (Although Virginia records are not available, presumably the notation is made because Virginia notified Indiana that Mcintosh had obtained a Virginia driver's license.)
[see Allachment 17, McIntosh BMVrecords] Note: There may well be lag time between McIntosh obtained his Virginia license and when Virginia notified Indiana. Mcintosh's attorney admits that McIntosh obtained a Virginia driver's license but fails to state when it occurred. Thus, the exact date McIntosh obtained his Virginia license is unknown. [see Attachment 6, 7/8/11 Bennett letter to Prosecutor, p. 3] Note: When did Ruthie obtain her Virginia driver's license? Perhaps when she moved to Virginia and declared her residency there?


May 2010. McIntosh casts an absentee ballot from the Pendleton registration address for primary election. The address to which the ballot is mailed is the Arlington, Virginia home.

[see Attachment 18,2010 absentee ballot report]
Note: Ruthie McIntosh casts no vote in Indiana. It is believed that Ruthie is registered to vote in Virginia.

[see Attachment 4, Ruthie Mcintosh Indiana vote history]
September 30, 2010. McIntosh refinances his residence in Arlington, Virginia.

[see Attachment 19, Record Of Refinancing]
Note: Does McIntosh represent to his mortgage company (in his application or his mortgage or both) that the Virginia home is his principal residence? Note: In any event, refinancing his Virginia home evidences intent to remain in Virginia. November 2010. McIntosh casts a ballot using the Pendleton registration address in general election.

[see Attachment 11, Mcintosh vote history]
Note: Ruthie McIntosh cast no vote in Indiana. It is believed that Ruthie is registered to vote in Virginia.

[see Attachment 4, Ruthie McIntosh Indiana vote history]
Most of2011. McIntosh drives to campaign events in a Virginia plated SUV.

[see Attachment 20, SUV photo]
July 7,2011. Jim Sheila reports that McIntosh is forming an exploratory committee. "McIntosh lives in the Washington area but maintains a voting residence in Indiana."

[see Allachment 21, 717111 article]
Note: There is no such thing as a "voting residence" in the State of Indiana. For voting purposes, you either reside in your precinct or you do not. July 8, 2011. McIntosh has his attorney request an advisory opinion from Madison County Prosecutor, Rodney Cummings, opining that McIntosh was a legal resident of Indiana. His attorney provided extensive review of laws and provided a factual basis for his request. However, Mcintosh does cite to tlte statute that requires that a voter to register to vote in the


precinct in which the voter resides. McIntosh does not even assert that McIntosh resided in the precinct in which he had voted.
[see Attachment 6. 7/8/11 Bennett leiter 10 Prosecutor}

Note: McIntosh does not release the letter until April of 20 12 when questioned by the press.

July 15,2012. Cummings issues advisory opinion that "McIntosh has been and continues to be a resident of Madison County, Indiana, and as such, he may vote and seek office as a resident of Madison County." The opinion is based solely upon the McIntosh attorney's summary of Indiana law and Cummings' "general understanding about the nature of residency." Furthermore, his opinion is "in reliance on the factual summary" provided by McIntosh's attorney.
[see Attachment 22, 7/15/11 Cummings Opinion]

Note: McIntosh does not release the opinion until April of2012 when questioned by the press and uses the opinion as his principal defense to voting in Indiana while living and certifYing under penalty of peljury that he resides in Virginia. Note: The Prosecutor "opinion" is based upon the Prosecutor's "general understanding of the nature of residency" after reading the McIntosh criminal defense attorney recitation of the law. He gives no indication of independent research.

Note: Neither the McIntosh attorney's letter nor the Prosecutor's "opinion" discuss IC 37-13-1 (the terms under which one can legally register to vote). Note: The opinion does not address prior vote fraud or perjury.

July 14,2011. David Bossie of Citizens United urges McIntosh to run in the district where he has resided for the last past 5 years-in Arlington, Virginia.
[see Allachment 23, Bossie press release1

September 26, 2011. McIntosh receives an "Interim" Indiana driver's license. The reason for the "interim" driver's license is "NEW ISSUE DL, OUT-OF-STATE." Thus, the BMV notes that McIntosh had a driver's license from another state (and lists a control number). While the record does not indicate the license is from Virginia, the BMV record indicates a move to Virginia in 2008 (after McIntosh received his citation for not having a Virginia driver's license).
Note: Recall that such a driver's license requires an affirmation of residency in Virginia. McIntosh was likely a resident of Virginia long before he was caught with an illegal Indiana driver's license.


Fall of 2011. David and Ruthie McIntosh register to vote at 1606 E. 17th St in Anderson. The home is owned by Pete Bitar (the CEO ofXtreme), making it the second home claimedfor "residence" by McIntosh tied to his former lobbying client.
[see Attachment 24, Tax Bill Detai/s] [see Attachment 2, McIntosh and Xtreme]

January 14, 2012. McIntosh appears at the Howard County 5th District candidate forum. He declares" I'm David McIntosh. I'm living in Anderson with my wife Ruthie and my children Ellie and Davey." [see http://,,,,,,,.indvpolilics.on,ipllst/15882863698 ]

April 4, 2012. McIntosh releases Attorney letter of 7/8/1 I and Cummings opinion under pressure from the press.
[see entry ofJuly 8, 2011 and July 15, 2011 for summary of content]

Apri/6, 2012. McIntosh gives phone interview with Jim Sheila. Mcintosh says he consulted lawyers before getting his Virginia driver's license.
Note: McIntosh is a lawyer. Why would McIntosh need to consult a lawyer to know where he lived? And what is complicated about the sworn statement that he was a resident of Virginia? So, McIntosh concluded, after consultation with other lawyers, that it was ok to swear that he was a Virginia resident after swearing on his voter registration that he resided in Pendleton and was living in Virginia? And did Ruthie consult an attorney? Or did Ruthie obtain a driver's license and register to vote in Virginia (declaring her residency) without the need of an attorney? McIntosh also tells Jim Sheila that he could not run for Congress in Virginia because he didn't vote in Virginia. Note: In Indiana, people vote where they reside. You cannot establish residency by voting.


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