The Monroe County Election Board will not compel a Bloomington City Council candidate accused of running under a false address to testify.
The board reached that decision at its meeting Thursday discussing David Wolfe Bender’s residency. It scheduled a hearing on the matter for May 18, more than two weeks after the primary.
Bender filed to run in District 6. He came under investigation after the Indiana Daily Student published an article citing neighbors who say he does not live at the address on his filing paperwork.
Retired Bloomington lawyer and ex-board member Guy Loftman attended today’s meeting as a proxy for Monroe County Democratic Party Chair David Henry.
Read more: Bender to withdraw from District 6 race as election board investigation continues
He says if Bender were subpoenaed, his attorney could challenge that in court, nearly guaranteeing a delay in the investigative process.
“Due process requires we give him an opportunity to speak. And I think we should invite him to come to this meeting.”
Loftman said that after board member and Monroe County Clerk Nicole Browne motioned to subpoena Bender to appear at the May meeting. She removed the motion but considered turning the investigation over to local or state police.
“This is not something that should be swept under the rug,” Browne said. “It should not be ‘Oh, I’ll just withdraw.’”
Read more: Election board to investigate residency of District 6 city council candidate
She was referring to a letter to the board from Bender’s attorney saying he intends to drop out of the race. His name will appear on the ballot in May because the deadline to remove it has passed.
Bender and his attorney have not responded to requests for comment from WFIU/WTIU News.
