INDIANAPOLIS | Carol Ann Seaton, the Democratic candidate for Lake County assessor, will appeal a state agency's finding that she is not a resident of Indiana.
"I'm going to appeal, and I believe that it will come out in a positive way," Seaton told The Times.
In an order released Wednesday, Administrative Law Judge Carla D. Hartman of the Bureau of Motor Vehicles ruled Seaton is not an Indiana resident and committed fraud in her application for an Indiana vehicle registration.
According to the BMV, Seaton held driver's licenses from both Indiana and Michigan at the same time for many years. Indiana law prohibits Indiana-licensed drivers from having a driver's license from any other state.
In addition, Seaton's May 26, 2010, vehicle registration application indicated she was a "new resident" to Indiana as of Sept. 2, 2009, and that her former state of residence was Indiana. The judge said that declaration was fraud.
Hartman recommended Seaton's Indiana driver's license and vehicle registration remain suspended until she proves she is an Indiana resident. Both licenses initially were suspended in June. Hartman also said Seaton's driving privileges should be suspended for one year even if her license is restored.
In an interview with The Times, Seaton said she plans to appeal both the verdict and the punishment by presenting documents that prove she is an Indiana resident. Seaton lists a Gary address in BMV documents. Michigan records indicate Seaton lives in Union Pier, Mich.
According to the BMV, Seaton has until Sept. 11 to ask BMV Commissioner Andy Miller to overturn the judge's ruling. Miller has 60 days to act after an appeal is received.
At a BMV residency hearing held Aug. 19, Seaton declined to comment on her residency status due to a pending criminal case against her in Lake County. Prosecutor Bernard Carter has charged Seaton with misdemeanor perjury, accusing Seaton of lying under oath for not telling Indiana officials she also had a Michigan driver's license.
Seaton said she believes the BMV's ruling that she is not an Indiana resident will not affect her candidacy for Lake County assessor because she expects to win her appeal.
Under state law, the deadline to challenge her candidacy with the Lake County Election Board was Feb. 26. However, state law also requires a candidate who moves out of his or her electoral district to withdraw from the ballot.
That law may not apply as Seaton insists she is a Gary resident.
However, if Republican assessor candidate Hank Adams loses the Nov. 2 election, he could potentially raise Seaton's residency as an issue in a formal contest of the election result.
Adams said Wednesday he was surprised the BMV ruled Seaton is not an Indiana resident.
"I never questioned her residency," said Adams, assessor for St. John Township. "I always saw her here as a member of the Lake County Property Tax Board of Appeals."
Seaton has served on the property tax appeals board for more than a decade. She defeated Ross Township Assessor Randall Guernsey to win the Democratic nomination to replace outgoing Lake County Assessor Paul Karras.
Separately, Seaton is challenging Adams' place on the ballot. She claims Lake County Republican Chairwoman Kim Krull improperly selected Adams after no Republican ran in the party's county assessor primary election. A hearing on that challenge is set for Friday.
