Monroe County prosecutor makes decision in suspected city council election fraud case
Former Bloomington City Council candidate David Wolfe Bender will not face criminal charges after a police investigation into possible election fraud.
“At this time, we do not believe that we can prove beyond a reasonable doubt that Mr. Bender committed any criminal offenses,” Chief Deputy Prosecutor Jeff Kehr said via email Friday.
Bender said via text Friday, "I wish to thank the various legal and investigative agencies that took the time to review the merits of this case."
Bender, a former Indiana University student, in 2023 had filed to become the Democratic nominee for District 6 of the Bloomington City Council.
The IU student newspaper, the Indiana Daily Student, where Bender formerly worked, published a story on Feb. 17, 2023, in which residents at the address Bender listed on election paperwork said he did not live there.
The story prompted Monroe County Republican Party Vice Chair Bill Ellis, an Ellettsville town council member, to file a complaint with the Monroe County Election Board. The board in March determined it had substantial reason to believe Bender does not live where his candidate filing says he does and is therefore ineligible to run for the District 6 seat.
Shortly after Ellis filed the complaint, Bender said he planned to withdraw from the race, but he said later he made that decision on bad advice from a prior attorney. In April 2023, Bender said he had “taken steps necessary to fix the issues” and planned to stay in the race. In a May hearing before the election board, he said he would withdraw from the race if he could not get election filings corrected.
At that hearing, Bender also said he had signed a sublease with a friend for a property in District 6, where Bender planned to live over the summer. At the time, he lived in District 4. Based on his intent to live in District 6 over the summer and beyond, Bender said he filed his candidacy paperwork. However, he said he later learned his friend was not authorized to sublet.
After the May hearing, the election board voted to forward the information to the prosecutor’s and attorney general’s offices.
Withdrawn: Embattled council candidate David Bender no longer running for council
Sgt. Kevin Getz, of the Indiana State Police, said via email on April 23 that police had completed their investigation and forwarded the case information to the prosecutor’s office.
Kehr said via email Friday that the office would not be filing criminal charges.
“At our request, the Indiana State Police conducted an investigation into the circumstances surrounding David Bender’s run for city council,” he said. “Our office met with the detective, thoroughly reviewed his investigation, and examined the potentially applicable criminal statutes, including those specific to election law.”
Bender said Friday, "When I announced my run for office, I did so because I wanted to make a positive difference in my community. I am disappointed that my candidacy did not achieve that goal. But I remain steadfast in my belief that engagement is the core of our civic religion. It is through participation, dialogue, and action that we make our society better.
"While I no longer call Bloomington home, being an active resident in whatever community I do call home will always be a virtue," he said. "Because, as Tom Schulman once wrote, 'No matter what people tell you, words and ideas can change the world.'"
After Bender’s withdrawal from the race, Sydney Zulich declared her candidacy. She won the Democratic primary and the fall election unopposed last year and now serves on the city council.
Boris Ladwig can be reached at bladwig@heraldt.com.
This article originally appeared on The Herald-Times: Monroe County prosecutor makes decision in suspected election fraud case
