UPDATE: Roberts Allowed To Remain On District 81 Ballot

Both House Republican candidates react to the ruling.

A residency challenge in the has failed, allowing Carla Roberts to remain on the ballot.

Roberts' opponent, fellow Republican Chris Boedecker, by arguing .

A ruling issued on Friday, July 6, by the Office of State Administrative Hearings,  ruled that Roberts is a legal resident, and thus allowed to seek the seat.

“In open court, Mr. Boedeker admitted to hiring a private investigator, sending people by my house, snooping through details of my personal life and even getting into my water bills," Roberts said. "He ignored the law, ignored the facts, and acted like a schoolyard bully.

"Mr Boedeker owes the people of this district, my family, and especially my daughter, an apology for refusing to campaign on the issues and instead trying to bully and intimidate a female candidate with his unsettling and bizarre behavior.”

"Although I disagree with the judge's ruling, I am happy for the voters to make this decision," Boedecker said. "I believe they will chose the candidate who has made ethics reform a top priority - the only candidate to sign the bipartisan pledge to support ethics reform - over one whose own residence leads to questions about her real sincerity and motivations in running for this office."

The court order described Roberts’ testimony as “credible,”  and “…proved, by a preponderance of the evidence, that she resides in House District 81 and has resided in the district since before November 6, 2011.

Boedecker charged that, as of June 1, 2012, Roberts declared a homestead exemption for 2832 Hawthorne Drive, which is just outside of the district's new boundaries. He asserted Roberts has failed to make her Rose Ridge address her permanent home for at least one year before the election.

Both Republicans are vying for the chance to unseat incumbent Democrat in November.

Eric H July 11, 2012 at 04:48 PM
So what is the explanation for why she is taking a homestead exemption for a house that apparently is not her residence?
Eric H July 11, 2012 at 04:50 PM
Here is my comment from the previous article, I was hoping my question would be answered in the follow up article but it hasn't been. 2:31 pm on Wednesday, June 13, 2012 So why is she claiming a homestead exemption for the other property? If she does in fact live in the district then it seems like she is falsely taken and exemption and thus stealing from her fellow taxpayers by taking this exemption in violation of the rules. I note the Rose Ridge home she claims as her residence in the district has a far lower value than the home she owns at 2832 Hawthorne Drive.
Mike Hassinger July 11, 2012 at 06:47 PM
Eric, I'm Dr. Roberts' campaign consultant. She's not taking a homestead exemption on any property in DeKalb and the Court found that County records showing her with a homestead exemption were in error.
Eric H July 11, 2012 at 07:08 PM
Thanks Mike, but I don't fully understand the error part, weren't she and her husband paying a lower tax rate on the 2832 Hawthorne Drive property because of the HOST Credit they took? Did they not see there tax bill or otherwise were unaware they were beneficiaries of the HOST credit on this property?
Eddie E. July 11, 2012 at 07:11 PM
Let's hope for a nasty slugfest as the primary nears. And an easy ride in the General for Representative Holcomb. These guys show us the best of the 'One Party State' in action.
Mike Hassinger July 11, 2012 at 07:24 PM
Eric- Not sure I understand your question. (HOST credit is different than Homestead Exemption) Dr. Roberts lives in the district and doesn't have a homestead exemption. The court found that Dr. Roberts received no benefit from any Homestead Exemption in 2012. Also, while I'm not a lawyer, any half-decent attorney could tell you that homestead exemptions are not dispositive, and even if she DID have a homestead exemption, she still lives in the district.
Eric H July 11, 2012 at 07:51 PM
You only get the HOST credit if you file for the Homestead exemption and are entitled to it. So that's why I don't understand how the court found she didn't get any benefit from the Homestead Exemption since she got the HOST credit on her 2011 tax bill for the 2832 Hawthorne Drive property which is out of district. The only way to get the Homestead Exemption/HOST Credit is for it to be your primary residence. And yes homestead exemptions are not dispositive of residency, but my original point was if 2832 Hawthorne (the out of district and more expensive house) was not her primary residence then she was not entitled to the HOST Credit and thus underpaid her property taxes. To be clear I don't know I'm just asking. Maybe it was a situation where she didn't know she and her husband benefited from the Homestead Exemption/HOST Credit?
Eric H July 11, 2012 at 07:55 PM
Or, and I'm not trying to get personal here, because I don't care about living arrangements unless it explains the HOST Credit issuance, Is it that 2832 Hawthorne was her Husband's primary residence and Rose Ridge was her residence?
Mike Hassinger July 11, 2012 at 08:23 PM
Well, you ARE getting personal, but no more personal than the opponent who hired a private investigator, sent people by her house, tried to subpoena her 14-year-old daughter and snooped through her water bills! I think what you're misunderstanding is the timing. Dr. Roberts moved in September of 2011. She didn't file a homestead exemption in 2012, and when the County notified her that she was no longer eligible for an exemption on her old house, she cancelled it. She's paid all her property taxes for 2011 and will pay all her property taxes for 2012 when they're due. The court order is posted on this site. I don't know what other information would answer your question.
Eric H July 11, 2012 at 09:10 PM
Sorry I wasn't trying to get personal just trying to provide scenarios that would justify it. I haven't found the court order, but your last response answered my question: she moved in September 2011 so she would get the 2011 exemption and has pulled the exemption on the out of district property for 2012. Thank you and sorry it took so much back and forth.
JKB July 18, 2012 at 01:39 PM
don Gabacho August 01, 2012 at 08:25 PM
What's your problem? Doesn't her experience tell you what a certain cast of Republicans will do even other Republicans? “In open court, Mr. Boedeker admitted to hiring a private investigator, sending people by my house, snooping through details of my personal life and even getting into my water bills," Roberts said. "He ignored the law, ignored the facts, and acted like a schoolyard bully." Don't tell us, having to witness still that cast of Republicans posting here, you can't know what "bullying" must mean?
don Gabacho August 01, 2012 at 08:27 PM
"Sorry I wasn't trying to get personal..." But you did.


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