Theory and reality when it comes to mayoral residency

In theory, it seems reasonable.

Marion resident Jodi Treharne presented a letter to the Marion City Council demanding that members tighten residency rules for candidates seeking city offices. She also peppered Mayor Allen “Snooks” Bouska with queries about his residency.

“Mayor Bouska, do you live in the city of Marion?” Treharne asked in front of a predominantly pro-Bouska crowd at last week's council meeting. It took some guts. Even Bouska said so.

“Are you planning to have Thanksgiving dinner with your family in Marion?” she asked.

It's reasonable to want elected officials leading your community to live there. Bouska, who owns a house in Marion and one in Hiawatha, and has been a longtime business owner in Marion, shouldn't have to have his turkey day tracked. But he will need to tackle this issue head-on, and in public. He's promised to do that.

And if the residency rule is sparking this dispute, we should change it, right?

Well, that's where theory runs into reality.

State law is sketchy. Pretty much all that city candidates have to be is an eligible elector within the city or ward where they're seeking office. That means having a residence where you're lawfully registered to vote. So what's a lawful voting residence?”

According to Iowa Code Chapter 48A, it's “the place which the person declares is the person's home with the intent to remain there permanently or for a definite, or indefinite or indeterminable length of time.”

Heck, you could take up residence in all that gray area. And whatever Marion does to tighten its local rules can't conflict with state law.

If you think about it, loose rules make some sense. Tighten those requirements, and you're going to have to set some sort of new standards. Then, someone must enforce them.

Treharne says an IRS tax return should be required as proof of address. OK, but I'm not sure that's any more definitive than voter registration. Otherwise, do we require an official to sleep so many nights a week or a month at his or her voting residence? Short of implanting a microchip or hiring a bed check officer or calling in the NSA, how would a city keep tabs? Who would run for a part-time job requiring such monitoring? It's no wonder state lawmakers stuck with bare-bones, even though it has led to many similar disputes. Beyond that is a minefield.

Treharne's concerns are reasonable. They should be addressed. But, ultimately, as I've said before, it's going to be up to voters to decide whether the mayor's answers are acceptable.