PORT TOWNSEND — A residency challenge issued by one candidate for Jefferson County commissioner against another has been dismissed by Superior Court Judge Craddock D. Verser.
Dan Youra, 67, who is running for the District 2 seat as a Republican against two-term Democratic incumbent David Sullivan, 60, charged that his Republican opponent Tim Thomas, 41, did not live in the district when he filed for office May 18 and that his residency is fraudulent.
The challenge was ruled invalid by Jefferson County Auditor Donna Eldridge on June 11.
Eldridge also denied a motion for reconsideration June 19.
Youra appealed to the Superior Court.
Verser ruled Wednesday that Eldridge’s decision was correct.
“I see your point,” Verser said, addressing Youra in his ruling from the bench, “and for you, this doesn’t seem right, but the law allows it.
“You say that ‘the guy isn’t one of us,’ but this is something that the voters should decide.”
Said Youra after the ruling: “It is time for the voters to decide.”
Thomas said he forgot about Wednesday’s hearing when he was told that he had prevailed.
“I moved in order to file; I was always open about that,” he said Thursday.
“But I figured I’d be challenged, which is why I did my research before filing.
“I wasn’t trying to skate by or do something unethical. If they told me that what I wanted to do wasn’t legal, I’d have to wait another four years.
“But it has turned out the way I figured that it would.”
One of the three candidates in the District 2 contest will be eliminated in Tuesday’s primary, with the top two vote-getters competing in the Nov. 6 general election.
Youra, who lives in Port Hadlock, spoke for more than an hour during the hearing, presenting his argument that Thomas had moved into District 2 after the time he was required to do so to run in the district.
“This is the cornerstone of our nation: that people are represented by people like themselves, who live in the district in which they seek to represent,” Youra said.
District 2 includes Cape George, Port Hadlock and Marrowstone Island. Only voters in the district vote in Tuesday’s primary election.
Thomas is previously a resident of District 1, having lived in Port Townsend, and his business still operates within its boundaries.
Upon deciding to run for the District 2 seat, he planned to move to 1 Hope Lane in order to establish residency but was not aware that address had been redistricted into District 1.
Thomas then rented a trailer at 140 Swaney St. in Irondale.
Youra said that since Thomas had not established that residency by the May 18 filing date, he had violated the law.
“When redistricting shot down the idea of using [Thomas’] trailer house as a launching pad for his candidacy, he made a last-ditch effort t find a place to live in District 2,” Youra said.
“He changed his residence just minutes before the filing and was not staying in his house at the time,” Youra said.
“Furthermore, he is still receiving all of his bills and utility statements at his home in District 1,” Youra added.
Youra said he drove by Thomas’ new residence twice after the filing and saw no activity and an unkept yard, concluding that it was unoccupied and that Thomas did not live there.
Chief Civil Prosecutor David Alvarez, who represented the county during the hearing, said the burden of proof was on Youra that Thomas had broken the law, and that did not occur.
“Mr. Youra’s evidence is pretty scant,” Alvarez said.
“He drove by twice, and there was no one there, but that didn’t prove anything.
“A lot of times when there are two people working, there is no one home on a weekday afternoon or even the weekends, when people are out doing something else.”
Alvarez said he did not know how Youra acquired information about where Thomas received his bills, calling it “a little scary” that Youra had this in evidence.
“Mr. Youra’s evidence had multiple interpretations. It didn’t prove anything,” Alvarez said.
Thomas is president of Bernt Ericsen Excavating Inc. of Port Townsend, and Youra is president of Youra Media, a publishing company.
If Thomas and Sullivan prevail, the residency question will not be used specifically in the general election campaign, Sullivan said.
“I don’t think we’ll address that directly,” Sullivan said.
“It is only one of a number of things that shows a lack of preparation for the job, such as not knowing that redistricting occurs every 10 years.”
The annual salary for a county commissioner is $63,925 in 2012.
Ballots must be postmarked by Tuesday or delivered to the Auditor’s Office in the Jefferson County Courthouse at 1820 Jefferson St. in Port Townsend, or placed in drop-boxes by 8 p.m. Tuesday.
Jefferson County Reporter Charlie Bermant can be reached at 360-385-2335 or at charlie.bermant@peninsuladailynews.com.
