DINUBA — Elections officials are looking into whether a Dinuba City Council member can legally run for re-election in one district when he lives in another.
Thomas Payan, 63, told The Bee his primary residence is off North Crawford Avenue — in Ward 3 — where he was interviewed this week for an election preview story on the Dinuba City Council race. Payan represents Ward 2.
The three-term incumbent is facing Francisco Villanueva, 48, in the Nov. 7 election.
The Dinuba City Charter states candidates must live in the district in which they are seeking election and must be a registered voter, City Manager Ed Todd said.
But election officials and prosecutors say establishing exactly what residency means could take some time. Legal definitions, how much time is spent at each home and other factors must be weighed.
Tulare County Elections Manager Hiley Wallis said it's unclear what would happen to the seat if officials determine Payan is ineligible to run. It is also uncertain what consequences Payan could face.
Payan said he has lived at the Crawford home for three years. Before that, he lived with his mother at a home on Kern Street, in Ward 2, where he grew up.
Payan said he "still pays bills" and has a bed at his mother's home. He said his mother owns the home but he still has "residency" at the home and that allows him to represent Ward 2.
"I'm always over there," he said.
His opponent, Villanueva, said part of the reason he decided to run for City Council was because of Payan's residency issues. He said he didn't believe it was fair to the residents of Ward 2 and "it was time for a change."
"He's not being truthful," he said. "It's not too comforting that he's somewhere else and not doing things for you."
Villanueva said he has not mentioned the discrepancy during his campaign because it wouldn't be "clean politics." Payan should have finished his term and then not run again, he said.
Payan said he considered resigning from his Ward 2 post when he first moved from his mother's home. But he said city staff told him he could still represent the area if he had residency at a home in the district.
Todd, however, said he was unaware of any conversations about Payan's residency changes. He thought Payan still lived at his mother's home on Kern Street, said Todd, who has been Dinuba's city manager since 1988.
Dan McCloskey, attorney for the city, could not be reached Thursday. A recording at his Fresno office said he was out until Monday.
The city of Dinuba switched from an at-large election system to district elections for its City Council after settling a lawsuit in 1993.
Dinuba residents along with the Mexican-American Political Association filed the lawsuit in 1991 claiming at-large elections didn't give Hispanics fair representation on the council.
Under the settlement, candidates must live in a specific district and be elected by voters in that district.
Dinuba is divided into five districts. Ward 2 covers southwestern and parts of central Dinuba. Ward 3 covers portions of the city's eastern and central areas.
Wards 2, 3 and 4 are up for election in November.
Wallis said the elections office planned to submit concerns about Payan to the District Attorney's Office.
Records show Payan is a registered voter in Ward 2 and signed a form — under penalty of perjury — that he was qualified to run for office in that district, she said.
That candidate qualification declaration states the candidate meets "the statutory and constitutional qualifications for this office, including but not limited to citizenship and residency (within the division, ward or trustee area, if applicable)."
Payan also signed a declaration of candidacy form in August. His residence is listed on that document as the Kern Street home.
Tulare County Assistant District Attorney Carol Turner said any issues with a candidate's qualifications would depend on the form he or she signed. If elections staff members question a candidate's qualifications, they can turn it over to the District Attorney's Office for investigation.
She said the term residency can involve broad definitions under state law, and past cases have found some forms don't specify the definition.
Turner said Thursday her office had not received anything from the elections office regarding Payan.
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