The Putnam County Board of Elections spent an hour and a half last week “trying to make spaghetti out of soup,” according to county attorney Adam Nelson’s backroom lawyer-ese translation.
The “soup” involved interpretations of two sections of the state’s lengthy election code, plus even a mention of local legislation that applied only to Putnam when an incumbent’s home is moved out of a district during a post-census redistricting. Terms like “residency,” “qualifying date,” “special election,” and even “primary” all got a workout.
The soup’s first ingredient came from Steve Hersey, one of four candidates in the Nov. 7 special election to fill the unexpired term for the District 3 seat on the county board of commissioners, voluntarily vacated earlier this summer by Alan Foster.
Hersey questioned whether another candidate, William Vargo, was properly qualified to run, and if not, should have his name removed from the ballot.
The state election code is clear on one point: to run for a county office anywhere in the state, the candidate must be a resident of that county for at least 12 months prior. Vargo has lived in Putnam for nine years, most of it on property straddling Harmony Road.
Hersey’s questions began with the effect of the slight changes made by last year’s reapportioning of the line between District 3 and District 4. That line now runs down the middle of Harmony Road, which puts Vargo’s cattle and hay operation in District 4 on the south side of Harmony Road, but with the Vargos’ former home still in District 3 on the north side.
Last spring, the Vargos sold both properties and built a home in the Rockville area at the other end of District 3.
The other major ingredient came with the qualifying date for a special election in a district race, on which the state election code is silent or, at best, confusing.
Jump to the bottom line: while the board acknowledged they might be setting a precedent and their new policy might be challenged in court, before or after an election, they set the district residency requirement for a district race as the first day of a qualifying period.
Result: William Vargo’s name will remain on the ballot.
Second result: the board also voted to ask the county’s delegation to the state General Assembly to try their hands at this particular kettle of soup.