A potential legal cloud is hanging over the campaign of Republican Al Julian in the Common Council’s First District race.
That cloud is a question about his residency and whether he’s eligible to run in the First District. To be eligible, Julian has to have lived in the First District for a full year. A year ago Julian lived at 325 Norwood Avenue, which is the Fifth District. On October 16th, 2006, Julian says, he signed a lease to an apartment on James Street, which is the First District. But while Julian was between residences he voted in the Fifth District. Julian denies that he’s done anything wrong.
“The biggest flaw in my candidacy was that I was eager to express my civic duty.” (Julian)
Julian is the Republican candidate for the First District Common Council seat. His opponents are Democrat Michael Heagerty and Conservative Kurt Schmeling. Jeff DeFrancisco, also a Republican, is the current Common Councilor for the First District. He has decided not to run for re-election.
For Julian, his eligibility might be the least of his worries. Julian could be charged with a felony or misdemeanor. The chief assistant district attorney, Rick Trunfio, told The Post-Standard that state and local election law makes voting in the wrong district a crime. But Trunfio said the DA’s office doesn’t plan to file charges against Julian unless someone else wants to file a complaint.
Julian’s Democrat opponent Michael Heagerty says if Julian voted in the Fifth District last year, he is technically ineligible to run in this year’s First District Common Council race. But Heagerty says if the voters want Julian, let them have him. If Julian wins, Heagerty says:
“I’m not going to be a bad sport about it.” (Heagerty)
Heagerty says filing a complaint against Julian would be silly.
“I personally wouldn’t do it.”(Heagerty)
The Conservative Party candidate Kurt Schmeling told The Post —Standard that Democrats could try to deny Julian the council seat if Julian wins the election. And he called on Julian to drop out of the race.
The two Board of Election Commissioners expressed opposing views to The Post-Standard. Democratic Election Commissioner Edward Szczesniak says if there is evidence that Julian did something wrong, then he would file a complaint. But Republican Election Commissioner Helen Kiggins says none of this makes sense. Kiggins says election law can be flexible.
For his part, Julian remains defiant and dismisses any allegations of wrongdoing.
“We’re continuing to fight a good fight and we’re working to get our message across within the next couple of days. I hope I can overcome this little shot of bad publicity.” (Julian)
The election is on November 6.
For Democracywise I’m Ashley Prchal.
(Ashley Prchal is a graduate broadcast journalism student.)
(Jordan Meddy contributed some information to this story.)
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