Objections against city council candidates in Newton denied

Everyone knows where city council candidates Barney Bushore and Julia Prendergast live, even the mayor of Newton says so, but despite residents’ objections saying they live outside city limits, both have legally shown their intentions to reside in the respective wards they are running for.

Which means both candidates will be appearing on the ballot this November.

On Sept. 29, the objection hearing committee — comprised of Newton Mayor Mike Hansen, city clerk Katrina Davis and outgoing Ward 3 city council member Craig Trotter — denied all objections against Bushore and Prendergast, who are running for the Ward 3 and Ward 1 city council seats, respectively.

In total, six objections were filed with the city clerk before the 5 p.m. deadline on Sept. 26: two for Ward 1 and four for Ward 3. Some targeted the legitimacy of signatures and whether those who signed truly resided in their ward, but most alleged the candidates themselves do not live in their wards, but in the county.

But the committee found objectors had insufficient evidence to prove the candidates live in their properties located outside city limits, despite one objector showing pictures of Bushore’s alleged primary residence without lights on, the curtains permanently closed and garbage not being left out on pickup day.

Hansen repeated numerous times that these hearings are not about what he, Davis or Trotter personally believe. But, in closing, he said he has also known Bushore and Prendergast for a number of years, and he knows where they have a residence outside the corporate city limits of Newton.

“I know that. There’s not a person in here that doesn’t know that. Okay? They do. They just do,” Hansen said. “But the fact of the matter is, as we have been counseled, we have to take their advocacy as filed. We have to take their word for it. That’s what they intend to do.”

From here on out, it’s up to the electorate of Newton to decide if Bushore and Prendergast will be on the city council.

OBJECTORS FIGHT THEIR CASE AGAINST ATTORNEY

Mark Hallam, a city council member looking to reclaim his Ward 1 seat, filed both objections against Prendergast, his opponent, alleging many of the signatures she presented on her nomination petition were not valid and that her primary residence was outside city limits. He provided no further comments at the time.

Prendergast and Bushore did not speak at the hearings, but they were instead represented by Bill Gustoff, an attorney in Polk County who is also the representative of Iowa House District 40. Gustoff first argued against the objection filing itself, which he said was submitted after hours around 4:40 p.m. Sept. 26

However, it was later noted the objection deadline was 5 p.m. But this was a small detail, as was an apparent mislabeling — it said Ward 3 instead of Ward 1. Gustoff also questioned whether there would be a conflict with the committee accepting an objection from Hallam, who regularly works with them.

But this would only be in service to an appeal, which Gustoff expected would not occur because the committee would find “this petition is valid as submitted.”

In Hallam’s objection, he drew attention to the dates of the signatures. Gustoff cited a Supreme Court ruling and the Abby Finkenauer case from last year which state the deficiencies in dates are not relevant. Gustoff also submitted affidavits from 19 people acknowledging the dates they signed and their addresses.

Gustoff provided what he believed to be ample evidence supporting Prendergast lives in the Ward 1 address, which is a three-unit apartment she owns.

The evidence included copies of her driver’s license issued on Aug. 22, 2023, the Homestead exemption credit removed from “their previous property,” voter registration and samples of mail received at the new address in Ward 1. Gustoff said Prendergast “clearly resides at that address.”

Kim Didier, a resident of Newton and executive director of DMACC Business Resources, filed one of the four complaints against Bushore’s candidacy filings. She alleged Bushore does not live in his Ward 3 property and presented photos of the home showing ittle to no activity over a number of days.

“Once it was presented he filed his papers and was using the address of 1901 S. Seventh Ave. E., again, just outside our neighborhood, which we drive by multiple times through the day, I started taking pictures to show that there is no activity at that house to show there is no primary residency happening,” she said.

Didier went on to argue that Bushore is instead living in the country in the home he built valued at over $400,000. If Bushore has a public servant’s heart, Didier recommended he focus that service in Jasper County and to serve as a county supervisor, of which “he would be legally eligible.”

Didier added, “As a third ward resident … we have the right to be represented by fellow Newton residents of the third ward. I would urge you to reject Mr. Bushore’s papers to appear on the upcoming ballot as a candidate for the third ward. He does not live in the third ward. Nor does he live in city limits.”

Dana Simbro, who also lives in Ward 3 and carries the same last name as candidate Stacy Simbro, who is also running for Ward 3, was the only other petitioner to address the committee. She said the candidates may have followed all the legal requirements to show their primary residencies are in their wards.

“But are you really there for the residents in our ward who need you to be there? You’re not. The intent is not there. You’re having your cake and eating it, too.”

Gustoff would later argue the evidence Didier submitted showing no activity in the Ward 3 home is not evidence, calling it anecdotal observations.

He also contended activity is not a basis for determining residency. Gustoff also said he has worked with many people who have second homes or other homes that are “much more valuable” than their primary residency. Gustoff also said significant work is being done in the house, but some work was delayed.

Bushore also has personal issues, which Gustoff was given permission to disclose as back problems, and for which Bushore received injections. Gustoff also provided similar evidence showing proof of residency in Ward 3: copy of driver’s license, mail and removal of Homestead credit.

Gustoff also presented a notice from the county auditor’s office to confirm or deny residency, which Bushore did not respond to because none of the options provided to him applied. In his closing comments, Gustoff said the burden of proof is on the objectors.

All objections were inevitably denied by the committee.

STATEMENTS FOLLOWING THE MEETING

In a statement to Newton News following the hearings, Bushore and Prendergast went on the offensive. The statement, which was written by Prendergast, began with a poem that she said a friend of her’s wrote for her, to remind her of the silliness that can surround city elections:

It took less than a day

Less than a day

That’s all it took

To see more of the same,

As someone again tries to crap on my name!

Prendergast goes on to say she and Bushore have “re-established” Newton as their official residence and are now officially running for Newton City Council.

“Our election laws do not discriminate based upon how long you’ve lived somewhere and/or how much time you spend inside each day,” she said. “Say, for example, if I were to move in with one of the (three) top-level Newton city administrative staff that live outside of Jasper County. I would immediately be eligible to run for and vote in any Polk County election. Just because you move, you aren’t subject to some draconian suspension of your rights!”

Prendergast said she and Bushore have moved back home because they think they can help, and they hope to bring their decades of success in the Newton marketplace to the city council table. They hope to bring to the council discussions their experiences “at building businesses and rehabbing buildings.”

“That’s all we are trying to do. Is to give a voice for change. We will be thrilled when Newton starts to get things figured out. We love Newton. We always have.”

Prendergast claimed the city’s debt has tripled in the last decade “and the same tired folks have maintained their iron grip on power,” which she suggested has led to a number of policy and program failures. She referenced the latest news regarding the developer of Hotel Maytag.

“We hope you all realize that the citizens of Newton are now paying the debt payments on these Midtown renovations,” Prendergast said. “It’s kinda wild.”

The bills keep mounting, she added, and when residents have questioned the city she claimed they were met with “downright hostility.” But after being rebuffed and disciplined at every turn for asking questions, Prendergast said it is time now to ask those same questions in an official capacity.

“The architects of Newton’s recent failures are not happy with us. Friday morning, we were summoned to city hall to answer for our sins and show our driver’s licenses. But we were not intimidated. Even though the attack is being led by a DMACC employee who, get this, once was employed by the City of Newton itself; we will not turn tail,” Prendergast said, referring to Didier.

Prendergast then calls Didier a “disgruntled former employee who may feel she is fighting to salvage her current job,” claiming without proof that she is the cause for facilitating “multi-million-dollar failures.” Prendergast said the little power core in Newton has lost today, and she raised a toast to them losing in November, too.

“In conclusion, we are in it for the duration. We live here, work here and love it here. The attempts to defeat our right to be heard have failed. It’s going to be a real challenge to win, but we will pay the price to try. Newton is worth it.”

Newton News was also provided a statement by Hallam, saying this morning’s decision by the objection committee was a “surprise.” He would not have expected “proper addresses could be provided by a candidate’s signatories a full eight days after the nomination period had ended.”

Hallam continued, “Nonetheless, case law says differently. Moving forward, I’m confident Newton residents who live in Ward 1 will recognize my 14 years of community service, and I look forward to the many opportunities to engage with voters directly between now and November 7.”