Heidelberger to Run for Mayor

A novel interpretation of "residency" has opened the door for the nicest guy on Lake Herman, James Heidelberger (my dad!) to run for mayor of Madison.

Like all Lake Herman residents, my dad's livelihood is directly impacted by the political decisions of the city of Madison. He and my mom do most of their shopping in Madison, so they pay their fair share of sales tax. He owns rental properties in Madison, so he will bear what some might argue is more than his share of the cost of building the new pool. He does the occasional renovation project on those properties, so he pays for those expensive city building permits. And he has to set his rents based on the city's utility rates.

Given that the City of Madison is thus spending a lot of his money, it's always bugged my dad that he can't even vote in the city elections. The city limits end three miles east of here, and for the most part we like it that way. Still, every now and then Dad wishes he could at least have a say in the decisions that affect his wallet.

Now, thanks to some clever lawyering by Madison attorney Wilson Kleibacker, Jim Heidelberger may be able to get involved in Madison politics. Wednesday's MDL reports on the dispute surrounding Jeff Heinemeyer's eligibility to serve on the Heartland Consumer Power District board [see Chuck Clement, "Heinemeyer Takes Seat Tues. on Heartland Board," Madison Daily Leader, 2007.11.07, pp. 1-2]. Heinemeyer won election to this board last year, but the HCPD board balked at seating him because he sold his Madison house shortly after the election and eventually moved out to a new place on Lake Madison, which is outside the district. Heinemeyer didn't get to take his seat until after Third Circuit Judge Vincent Foley ordered the board to install him.

So how does a lake resident get to vote and serve in a municipal district? Kleibacker argues that Heinemeyer can keep his Madison voting residency by using a shared Egan Avenue apartment address for his voter registration. Kleibacker also says Heinemeyer's residency is demonstrated by the Madison address he maintains on his checks, driver's license, and mailing information. (Note that the address Heinemeyer listed at election time was "P.O. Box 64, Madison" -- Jim Heidelberger should know, since that's right next to his P.O. Box 74, into which our local postal workers have tossed the occasional piece of Heinemeyer's mail.)

Of greatest interest is Kleibacker's additional argument (as Clement reports it) that "Heinemeyer... spends most of his time in Madison, conducting his job as city finance officer" [Clement, p. 2].

Now my lawyerly response would be to cite SDCL 9-13-4.1, which defines residence for municipal elections and doesn't mention anything about where one works or what address one has on one's checks. But far be it from me to argue with a bar-certified lawyer, especially when that lawyer's opinion means my dad can run for mayor! Jim Heidelberger owns an apartment (more than one, actually) in Madison. He maintains a Madison address on his checks, driver's license, and mailing information. And he spends most of his time in Madison, conducting his job as shift foreman at PPD.

So as soon as Heidelberger gets out of the hospital (don't think another stent in his heart is going to slow him down!), expect the Heidelberger political machine to kick into high gear. Jim Heidelberger for mayor! Yahoo!