After case referred to AG Rokita, county prosecutor Bender withdraws from city council election

Bloomington, Indiana – IU student and former Democratic candidate for the sixth district of the Bloomington City Council David Wolfe Bender withdrew from the contest on Thursday.

Following the publishing of an IDS report that revealed Bender did not dwell at the home he was registered at, according to property occupants, the decision comes after months of doubt regarding Bender’s residence at the time of registering his candidacy. The Monroe County Election Board received a complaint from William Ellis, the vice chairman of the Monroe County Republican Party, in March. An investigation followed on May 18.

Bender testified during the court that he didn’t intend to break any laws and thought he was signing a valid sublease agreement for the house he named as his location. The agreement was rendered void when Justin Fox, the property’s landlord, admitted during the hearing that he was unaware of it. More than two months after signing the contract and a few weeks after the IDS piece was published, according to Bender, he found out that the individual he signed the deal with was not included on the principal lease for the property in late February or early March.

The election board unanimously decided to recommend the case to Monroe County Prosecutor Erika Oliphant at the hearing on May 18, but two of the three members—Clerk Nicole Browne and Chair Donovan Garletts—also voted to refer the subject to Attorney General Todd Rokita.

The board identified two probable infractions, IC 3-14-1-13 and 3-14-3-1.1, both of which mention fake reports. Both offenses fall under Indiana law’s Level 6 classification, which is the least serious felony.

The prison term for a Level 6 crime is between six months and two and a half years. However, if it is a first offense, the court may rule that the offense is a Class A misdemeanor. Although there is no mandatory jail time, the maximum punishment is one year in jail.

Bender reiterated his denial that he ever intended to break the law and assured that his understanding of the law is accurate in a letter he sent to the BSquare Bulletin on Thursday.

Bender added that he hopes students will keep running in the future and won’t let his experience discourage them.

Bender wrote to the BSquare Bulletin, “Yet, withdrawing is what is right for the residents of the Sixth District.” “Allowing a new candidate to run in the general election will ensure that the issues facing the Sixth District are the only ones on the November ballot.”

The Monroe County Democratic Party must hold a caucus to select a replacement to fill Bender’s spot on the ballot. The application period ends on July 3.

The BSquare Bulletin reports that IU student Sydney Zulich, who has submitted papers to run as an independent candidate but may still change her filing to run as a Democrat, could be a viable candidate.