EVERETT, SEPT. 10: A Snohomish County Superior Court Judge ruled in favor of an Everett resident who challenged the residency of District 4 City Council candidate Niko Battle.
The decision means that despite getting the most votes during the primary election, Battle will not appear on the November ballot. Runner-up Luis Burbano will take his place, running against Alan Rubio.
Battle led the primary election with 42% of votes, Rubio with 33% and Burbano with 25%.
Battle plans to appeal the ruling, claiming that the challenge was politically motivated and an injustice to the residents who voted for him, he said after the hearing.
“It’s a sad day for my campaign and for me personally, and for the supporters who were ready for change in the district,” Battle said.
In August, District 4 resident John Dimas submitted a challenge to the court claiming that Battle was ineligible to run for the position due to residency inconsistencies.
The challenge was filed after the resident contacted the apartment complex Battle listed on his voter registration and received word from the building manager that they had no record of Battle living there.
In court, Battle disputed the claim, saying that he does live there but would not give a unit number due to privacy concerns.
Moreover, Battle didn’t provide any documents supporting his argument to the Judge. In the decision, the Judge cited the lack of evidence as a reason for his decision.
“You have filed no documentation to refute anything that Mr. Dimas has said, no declarations by anyone who lives with you, no statements to indicate that anything Mr. Dimas has put in his declarations are subject,” Superior Court Judge Richard Okrent said.
Okrent suggested Battle could have submitted a declaration from the friends he lives with, or a piece of mail, a drivers license, a library card, or anything to provide evidence he is a resident of District 4.
After the hearing, Battle said that the decision was a “vast miscarriage of justice,” arguing that the burden of proof is not on the respondent, but on the plaintiff.
“The burden of proof, I do not feel it has been met, I do not feel it has been closely met,” Battle said.
On Monday, Battle provided his case to Snohomish County Auditor Garth Fell. Fell is expected to have a ruling on the voter registration challenge later this week.
Ballots will begin to be printed today and sent out later this month. The general election is Nov. 4.
The case comes on the heels of the Lynnwood City Council adopting an ordinance clarifying elected office requirements, requiring council members to live in Lynnwood for the entirety of their four-year term and maintain active voter registration, the Herald reported.
Lynnwood council members will need to provide an affidavit with the city clerk declaring voter registration and residency status each year.
