The Center Square) – Snohomish County Superior Court Judge Richard Okrent on Tuesday ruled in favor of John Dimas, removing Everett City Council District 4 candidate Niko Battle from the general election ballot based on claims he doesn’t live in the district.
Dimas, a District 4 resident, challenged Battle’s voter registration through the Snohomish County Auditor’s Office and Battle’s eligibility to appear on the ballot.
“The accumulation of all those records – by the totality of the circumstances – demonstrates you don’t have a residence in District 4,” Okrent said just before making his decision.
The judge said, “I don’t see any evidence here that supports the claim that you are living in District 4, city of Everett. Therefore, I’m rendering judgment in favor of Mr. Dimas.”
That means the two names on the ballot will now be frontrunner Alan Rubio and Luis Burbano, who received the third-most votes in the August primary election. Battle received 42.1% of the vote, and Rubio received 33.1%. Burbano had been eliminated with 24.7% of the vote.
Reports from The Lynwood Times and My Everett News revealed Battle registered to vote in Snohomish County five days before filing to run for Everett’s District 4. The city’s municipal code requires candidates to be a registered voter of the city for at least one year preceding the election.
The Washington Public Disclosure Commission is also investigating Battle and his campaign. Jacob Read – former ministerial treasurer for the Friends of Niko Battle campaign – filed a complaint with the commission on Aug. 16, claiming Battle’s requests for campaign finance records alterations were “a malicious attempt to undermine the regulations” established by state law.
The general election is Nov. 4.
This is a developing story.
