Official votes where he doesn't live

AMHERST, N.Y. (WIVB) - Did you know that some local election officials don't live where they're registered to vote?

In 2005, when many new faces were elected to the Erie County Legislature, including Michele Ianello. She married the Democratic Commissioner of the Board of Elections Dennis Ward that year. He moved into her home in Kenmore, so we were surprised to learn that now - seven years later - the Elections Commissioner is still registered to vote at his old address on Capen Boulevard in Amherst.

Ward said he lives with his wife, but is still registered on Capen, explaining, "Well, I've had my voting residence there for 25 years. I've owned the house, I've never changed, it's my legal residence."

But Ward admitted to that he actually collects rent from the people who now live in the Amherst home where he used to live and still votes from that polling location.

"You can't vote in two residences, but as long as you have reasonable ties, particularly ownership is always the best one. And it's declared as your residence then that's it," Ward said. "I'm not setting an example. People use a single residence, as long as there's only one residence that's the important thing."

Ward says it is perfectly legal and anyone could do this if they want.

But local attorney Peter Reese countered, "I think it's a sad day for Democracy when the public official who's making $107,000 a year to oversee the electoral process to make sure that it's fair and honest and accurate feels that he has no responsibility to comply with the law. Now in NY State you're allowed to have one residence but your residence for voting purposes is your fixed permanent address to which you tend to return."

LEARN MORE | Read the law for yourself here

Ward contended, "It's where I have always voted and I very well may return there."

But Elections Commissioner Ward isn't the only one with this arrangement. Arthur Champ Eve, Jr. is the Democratic Deputy Commissioner for Elections who is registered to vote at his father's house near Delaware Park.

News 4 went to the home, and Arthur Eve, Sr. told George Richert his son doesn't live there. The longtime Buffalo Assemblyman told Cheektowaga's Democratic Chairman Frank Max the same thing.

"He said he doesn't live here anymore, he hasn't been here for years," Max said.

Reese added, "When Dad who's lived there for decades says you don't live there, I guess you don't."

Champ Eve didn't return our calls asking why he's still registered at an old address.

Max questioned, "If these two did it, what else don't we know about?"

Max and Reese have filed suit against Ward, claiming he fudged the numbers during redistricting. They claim the reason Ward still votes in Amherst is to remain on the Amherst Democratic Committee and stay on good terms with the Committeemen who ultimately decide whether he keeps his job as Elections Commissioner.

Ward noted, "Well, I don't know about that, it's county-wide. The Commissioner's office is countywide and I don't control Amherst."

The wording of the election law is vague and far reaching, and its interpretation in each case is left up to the Board of Elections, namely Dennis Ward and his Republican counterpart, Ralph Mohr.