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Officials asked to investigate McIntosh residency

April 12, 2012

An attorney asked state and county election officials Thursday to investigate whether Indiana Republican 5th District congressional candidate David McIntosh committed voter fraud and perjury.

Attorney Jonathan Sturgill filed complaints with the Indiana secretary of state's office and the Madison County Election Board, WIBC and The Indianapolis Star reported. Sturgill represents Greg Wright, who also challenged the residency of Republican U.S. Sen. Richard Lugar.

McIntosh represented Indiana in Congress from 1995-2000. In 2005, he moved to Arlington, Va., where he works as a lobbyist. Critics claim he has voted in Indiana the past six years from addresses he rented or owned when he actually lives in Virginia. He is running in the May 8 primary using the address of property he rents in Anderson.

McIntosh says his votes are in line with Indiana residency laws, which center on a voter's intent to return to the state. He says Virginia law required him to get a Virginia driver's license while living there. His campaign released a statement blasting the residency challenge as "a highly unoriginal attack" and an attempt to divert voters from his conservative platform.

McIntosh's attorney wrote a letter to Madison County Prosecutor Rodney Cummings in July, citing legal precedents to confirm McIntosh's residency. Cummings found that McIntosh has taken reasonable steps to maintain his residency.

Sturgill has also asked Cummings to reassess that opinion, which he says focuses on case law covering eligibility to run for office, and not on possible voter fraud or perjury.

Cummings said Thursday he would not review the complaint until after the May 8 primary. He said the timing of Sturgill's request seemed politically motivated.

A spokesman for Secretary of State Connie Lawson said she would need to review the filing before deciding how to proceed.

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