PORT TOWNSEND — A candidate for Jefferson County District 2 has taken a residency challenge against one of his opponents to Jefferson County Superior Court.
Dan Youra is appealing two rulings against the challenge by the county auditor.
Youra filed the complaint against Tim Thomas.
Both are Republican candidates for the District 2 commissioner’s seat now held by Democrat David Sullivan, 60, who is running for re-election.
Youra, 67 of Port Hadlock has said that Thomas, 41, did not live in District 2 when he filed for office May 18 and that his residency in the district he seeks to represent is fraudulent.
“This issue is the heart of my campaign,” Youra said after he filed in Superior Court his appeal of Auditor Donna Eldridge’s June 11 ruling and her June 26 reinforcement of that ruling.
“The people need to be represented by someone who lives in their district.”
Thomas, who couldn’t be reached for comment Friday, has said he moved from District 1 to District 2 specifically to challenge Sullivan and that he moved into a rental property at 140 Swaney St. in Irondale.
In a June 12 statement Thomas said: “This frivolous appeal has resulted in a waste of county staff time and resources as well as my time as a small-business owner and candidate in this very important election.
“The most basic research on Youra’s part would have determined the legality of my residence and saved the taxpayers money, which is a basic function of a county commissioner.”
Youra previously has said he was reluctant to file the action in Superior Court because it would take resources away from his campaign but has since changed his mind.
“This is too important of an issue to be unresolved,” he said.
The annual salary for a county commissioner is $63,925 in 2012.
One of the three candidates in the District 2 contest will be eliminated in the Aug. 7 primary, with the top two vote-getters competing in the Nov. 6 general election.
Cases of this nature are heard on a first-come-first-served basis at 1 p.m. each Friday, with a one-week notice required for a hearing, Superior Court Clerk Ruth Gordon said.
Youra planned to make the notification Friday, which would mean a hearing set for July 13.
Gordon said the judge could rule immediately or take it under advisement for a future decision but expected the matter would be resolved quickly due to the timely nature of the complaint.
Regardless of the ruling, Thomas’ name cannot be removed from the printed ballots, which already have gone out to military voters, with the remainder mailed out July 18.
Katie Blinn, assistant director of elections for the Washington Secretary of State’s Office, said there is no provision under the law to accommodate a ruling against Thomas in Superior Court.
“Election challenges are allowed on a very tight deadline, and the time for a challenge has already passed in this case,” she said.
“What the challenger should have done is to file an immediate challenge in both Superior Court and with the auditor within three days after the filing period.”
If Thomas is defeated in the primary, the matter will become moot, Blinn said.
If he prevails, then a challenge against him in the general election could be filed, she added.
If Thomas is elected and the challenge stands, he could not be allowed to take office, Blinn said.
Youra said he is looking to shift the balance of representation in the county from Port Townsend.
“Two of the commissioners have a Port Townsend address,” Youra said.
“I think we need a commissioner with a Port Hadlock address.”
Sullivan has a Port Townsend mailing address but lives within the boundaries of District 2.
Thomas had a Port Townsend mailing address prior to his moving into District 2.
Youra acknowledged that Thomas now lives in District 2 but said: “The question is where he lived at the time of filing, which was in Port Townsend.”
District 2 includes Cape George, Port Hadlock and Marrowstone Island.
Thomas owns Bernt Ericsen Excavating. Youra has worked in public relations,
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Jefferson County Reporter Charlie Bermant can be reached at 360-385-2335 or at charlie.bermant@peninsuladailynews.com.
