Bloomington City Council candidate David Wolfe Bender.
A Bloomington City Council candidate under investigation for possibly running under a false address said he will no longer withdraw his candidacy.
David Wolfe Bender wrote that in a letter he sent Thursday to the Monroe County Election Board laying out the reasons he says he has complied with election law despite questions into whether he lives in District 6, where he is running.
“I write this letter to clearly communicate that I no longer intend to withdraw my candidacy from this election. If the voters see fit to elect me as the next Councilmember for Bloomington’s Sixth District, then I believe I am fully able, willing, and indeed eager to serve,” Bender wrote.
Bender has also hired a new attorney, Alison Chopra, to represent him. His letter states that his previous attorney, Manny Herceg, misrepresented him in letters to the board that said the investigation was “politically motivated.”
Bender continued, “I believe that I have complied with the law every step of the way and in all of my actions, but I sincerely regret that I did not take greater care and demonstrate more professionalism; I also apologize for the chaos and misunderstandings that have resulted from my not taking greater care.”
Bender came under investigation in early March after Monroe County Republican Party Vice Chair William Ellis submitted a complaint questioning Bender’s residency. That complaint was based on a Feb. 17 Indiana Daily Student article citing an anonymous resident and neighbors who said Bender does not live at the address he says he does.
Before Thursday, the board said it had not received any response from Bender except through legal counsel.
In his letter, Bender wrote that he would be open to meet with board members on or before a scheduled hearing date of May 18.
“Since this issue was first brought to this Board, my posture — directed by my former attorney — was one of silence, avoidance, and evasiveness,” Bender wrote. “With this statement today, I hope to put an end to that. My goal is to be as transparent as possible about this situation.”
Chopra also sent a letter to the board laying out Bender’s legal defense. It says Bender believed the information he submitted was accurate.
Chopra told WFIU/WTIU the letter “speaks for itself.” She declined to comment further.
The election board received the letters within hours of its regularly scheduled meeting Thursday.
Letter reveals new insight into Bender’s address
Bender’s letter says he entered a sublease with a friend at 304 E. 16th St., the District 6 address he says he lives at, toward the end of last year — but that it doesn’t begin until May 1.
The board has said it hasn’t received a copy of Bender’s lease.
He goes on to say he changed his voter registration address on Jan. 20, 11 days before he filed his candidacy.
Bender’s voter registration file shows he was registered at an address in the 600 block of South Henderson Street, which is in District 4, from Sept. 1, 2021, to Jan. 30, 2023.
Bender said he complied with Indiana Code 3-5-5-7, which says a student may vote at “The address where the student lives when the student is not attending the postsecondary educational institution where the student pursues the student's education.”
The IDS article, published on Feb. 17, cites residents at the 16th Street address who said Bender did not live at the property. Bender’s letter says he was out of town on business when the article was published and realized after returning that there was an issue with the sublease.
Bender said he has since signed a new lease which begins on May 1 at a property in Downtown Bloomington.
Bender also said he previously said he’d withdraw from the race at the advice of his former attorney, not strictly because of the board’s investigation.
“He told me it was the best path forward and painted it as if it were my only option,” Bender wrote. “I now believe that this was bad advice.”
The board has said it won’t subpoena Bender, as they believe doing so would delay the investigation.
Last week, the board said it would consider additional election law violations against Bender if he votes in the May primary. Depending on the board’s investigation, Bender could be charged with a level 6 felony or class A misdemeanor.
At the board’s last two meetings, board member and Monroe County Democratic Party Chair David Henry has been represented by a proxy, Guy Loftman. The board announced Thursday that Loftman had resigned as Henry’s proxy but did not specify why.
The board recessed Thursday and is scheduled to meet again on Election Day, May 2.
