Chad Vanderbeek, 43, appeared in court Wednesday afternoon in Fremont County. He is one of 11 people accused of illegally voting in Island Park in May 2023. | Daniel V. Ramirez, EastIdahoNews.com ST. ANTHONY — One of the 11 people accused of voting illegally in Island Park appeared in court Wednesday afternoon, with defense counsel casting doubt on the state’s claim that the man did not live there in 2023. Chad Vanderbeek, 43, was charged with one felony count of illegal voting and one felony count of perjury. He faces up to 15 years in prison and a fine of up to $100,000. RELATED | 7 people charged with illegal voting in Fremont County; Officials aren’t talking RELATED | Three more charged in Fremont County illegal voting; Island Park mayor responds Vanderbeek appeared before Magistrate Judge Faren Eddins for a preliminary hearing. Although no decision was made, arguments were held between his defense and the state. According to his court documents, Vanderbeek voted via absentee ballot in Island Park’s May 2023 election, using an address there, but with a mailing address in Idaho Falls. A deputy with the Fremont County Sheriff’s Office was dispatched to his home as part of the investigation into the alleged illegal voting. The deputy had spoken with Vanderbeek’s father in a prior encounter, in which the father told the deputy that they live part-time in Fremont County and stayed in Idaho Falls during the winter. This encounter occurred at the father’s property in Island Park. The father said that his son lived in Island Park during the summertime, but lived in Idaho Falls. On Aug. 27, a detective spoke with Vanderbook and confirmed that he had voted in the May 2023 election while living in Idaho Falls. A search of the man’s driver’s license revealed an Island Park address, but the document states that Vanderbeek told the detective he lived in Idaho Falls to care for his parents. When questioned why he voted in Island Park, Vanderbeek said he believed that someone should be able to do whatever they wanted with their property. The deputy informed Vanderbeek that, due to the homeowner’s exemption being located at the Idaho Falls address, he had to vote in Bonneville. Vanderbeek told the deputy he did not know it was against the law. According to Idaho Code 63-602G, the purpose of a homeowner’s exemption, while it involves property taxes, it also serves as to attach a voter to a residence in which county they are voting. Law on residency Eddins was concerned about Idaho law regarding what constituted a person’s primary place of residence. The law in question was Idaho Code 18-34107, which states, “Principal or primary home or place of abode is that home or place in which his habitation is fixed and to which a person, whenever he is absent, has the present intention of returning after a departure or absence therefrom, regardless of the duration of absence.” Eddins takes issue with the law as it is vague in the tests needed to verify that someone lives there full time or merely intends to return. “Is it possible that someone can live in a place for one month out of the year, but that is their residence, and that is lawful?” Eddins said. Vanderbeek’s attorney, John Malek, told the court that, technically, looking at the law, one can live somewhere for a month, as long as the intent is there to return, for it to be considered their permanent residence. Recalling his military service, Malek said this was the case for himself, as he was away from Idaho for many years, but he had the intention of returning to the Gem State. “It is a multifactorial analysis regarding what someone’s subjective intent is that this is a specific intent crime; the state does not have its burden,” Malek said. One of the witnesses called by the defense was Vanderbeek’s sister, Tammy Vanderbeek. Tammy told the court that her parents needed to buy a property in Idaho Falls for medical reasons, making it more convenient to be closer to the hospitals there. However, her parents and her brother have always preferred to live in Island Park and intended to live there as much as possible. Checks and balances The state, represented by Fremont County Prosecutor Lindsey Blake, cross-examined Tammy and asked about her brother’s usual residence. She said it was with their parents. Tammy said this was due to their parents’ medical needs. Blake asked Tammy if her brother owned any property, and Tammy said no. Looking back at Idaho Law regarding voting, there is a series of tests within the statute to determine if a homeowner has taken a homeowner’s exemption or not; the law provides additional checks on this. According to the law, if there is no exemption, “the following circumstances relating to such person may be taken into account: business pursuits, employment, income sources, residence for income or other tax pursuits, residence of parents, spouse, and children, if any, leaseholds, situs of personal and real property, and motor vehicle registration.” “We had to go on to that second part of the analysis, because we didn’t have a homeowner’s exemption,” Blake said. “There is no indication that there was an intent to reside here in Fremont County, because these things don’t exist here in Fremont County.” Blake said the only thing in this case they had was Chad’s parents, as the court documents stated he lived with them, being the primary caregiver. A Detective John Harding with FCSO was questioned during the hearing over Chad’s work history and tax records, and found that there were no record of them. The detective was also asked if the sheriff’s office looked into how Vanderbeek or the other 10 voted, and were told no and that information did not have any value into the investigation. She said what they did have was that Chad’s parents had a homeowner’s exemption in Bonneville County, and Chad only lived in Island Park during the summers. “I don’t think the statute was such to say, ‘If I just intend to go somewhere every summer, that’s my primary residence,’” Blake said. “Otherwise, someone would just have to say, ‘This is my intention, and that’s it,’ and we’d stop there.” A hearing is scheduled for Oct. 15 at 3:30 p.m., at which Eddins will provide a decision on the next steps for the case. Though Vanderbeek has been charged with this crime, it does not necessarily mean he committed them. Everyone is presumed innocent until they are proven guilty.The post One of the 11 accused of illegally voting in Island Park appears in court; attorneys debate residency appeared first on East Idaho News.
Source: eastidahonews.com
One of the 11 accused of illegally voting in Island Park appears in court; attorneys debate residency
