Is Jim Nielsen a fraud?

* Former State Senator and Assemblyman candidate wants you to believe he lives in a double-wide in Gerber, but the woman who answered the door at the home said "No" he doesn't reside here

By Barry Clausen and Daniel Webster

Published in the Pioneer Press
Fort Jones, CA
530-468-5355
Wednesday, April 2, 2008
Page WEST1, Column 2

Gerber - Chickens run amuck along the roadway, a pile of old tires  and a dilapidated trailer sit next to the double-wide mobile home on  Pomona Road . But, most interestingly, the woman answering the door at the alleged Nielsen residence said that Jim Nielsen doesn't reside there. 

Does former three-term State Senator Jim Nielsen want you to believe that 22475 Pomona in Gerber is his residence, so that he can run as your state assemblyman, District 2?

Nielsen actually lives in a gated community in Woodland - outside of District 2 - and his children attend Woodland Christian School .

The Gerber property was purchased by Nielsen and his wife Marilyn in September of 2007 from his brother-in-law and sister-in-law Larry and Ellen VanDyke. 

Nielsen claims that the woman the Pioneer Press spoke with at the door of the residence was his sister-in-law. Yet, when the reporter asked if she was Ms. VanDyke, she replied "No."

At issue is the legal question of where Jim Nielsen makes his "domicile."  In other words, where he resides for purposes of voting and running for office.

No mailing address registered in Gerber

There is no mail box with Nielsen's 22475 Pomona address in front of the house, and no address listed on the house. Nielsen does not have a mailing address registered in Gerber, an authority confirmed for the Pioneer Press, although he lists a Gerber P.O Box with the county assessor's office.

When the woman, who would not identify herself, at the door of 22475 Pomona in Gerber was asked if Nielsen resided there, she responded "No."

Nielsen registers in Tehama

In order to run for state assembly, a candidate must be a registered voter in the district, and to register to vote, the person must have established residence in the county that he or she is registered to vote.  Gerber is in Tehama County and while allegedly still residing outside the district in Woodland , Nielsen registered to vote with Bev Ross, the Tehama county clerk. 

Nielsen had been approached by current District 2 Assemblyman Doug LaMalfa to run as his replacement.

In the first interview Nielsen and LaMalfa had with the Pioneer Press in July of 2007, when declaring Nielsen's candidacy, the former state senator told the Pioneer Press he was looking for a home in the district.

LaMalfa upset with the investigation

When contacted by the Pioneer Press Saturday, LaMalfa was noticeably upset with the investigation into Nielsen.

"What's the big deal with this anyway. I don't get why people are impugning me and my staff just because he [Nielsen] lives in Woodland ," LaMalfa said. "Tom McClintock is going through the same thing because he has different residences. Go ahead and play it, it won't stick. At the end of the day it won't work."

What the law requires

California law establishes "residence" as a person's "domicile" and a domicile of a person "is that place in which his or her habitation is fixed, wherein the person has the intention of remaining, and to which, whenever the person is absent, the person has the intention of returning." or that their "habitation is fixed for some period of time, but wherein he or she does not have the intention of remaining."

So, has Jim Nielsen fixed his habitation in District 2, such that he can run as our representative in the state assembly?

He claims that he confirmed that everything was copacetic and that even though he doesn't have a mailbox - because of vandalism - he can stay in the back of the house when he's up there.

When pressed on the issue further, Nielsen told the Pioneer Press that his attorney Chuck Bell would be calling forthwith.

Bell did not call.

It turns out, Chuck Bell is the attorney for the California Republican Party, according to Nielsen's campaign manager Wayne Johnson.

State GOP responds

The spokesperson for the California GOP Moyses Moreno told the Pioneer Press that all he needs is a California address and that because the Secretary of State has certified Nielsen as a candidate, he qualifies for the election and it would take a formal complaint filed with the court to contest his candidacy.

Johnson said that Nielsen would keep his place in Woodland as his local Sacramento home.

County clerk does not verify validity of registration

Tehama County Clerk Bev Ross told the Pioneer Press that she does not check the validity of a voter registration, and only checked to see if there were 40 valid signatures from voters within the district who signed his petition.

"We haven't ever had this issue yet," Ross said.

She then forwarded it off to the Secretary of State.

The Secretary of State's communications office points back to the county clerk, stating it is her responsibility to verify the validity of a declaration of candidacy.

Nielsen backed by Tehama DA and sheriff

Ironically, as the Pioneer Press was in Gerber investigating Nielsen's residence, a fax came through from Nielsen's campaign touting his endorsement by the California State Sheriff's Association's, claiming Nielsen was tough on crime and has fought to keep criminals behind bars. 

Both Tehama Sheriff Clay Parker and Tehama District Attorney Gregg Cohen have endorsed Nielsen. Neither returned phone calls from the Pioneer Press on Friday.

Lying about your residence is a crime

It's not the first time this issue has come up in California courts.

Recently, a San Francisco Supervisor Ed Jew was arrested on nine felony counts of perjury and electoral fraud for allegedly lying about where he resided. The case against him was based on the water bill at the home not reflecting the usage of someone living there.

Neighbors stated that Jew was seen coming and going infrequently.

Previously, the California Second Appellate District Court found that a defendant who paid someone rent for the political purpose of running for office, but not sleeping or living at the residence was a felony fraud and that he committed perjury on his voter registration form for the purpose of running for office.

"The best evidence of the meaning of politicians' understanding of 'residence' is set forth in section 349, which was adopted by 'politicians' in the Legislature.  Section 349 does not exempt politicians from its requirements," the appellate court wrote. "Where a residence is imposed as a requirement for holding office, . . . voters [are] entitled to a truthful statement from a candidate on where a candidate actually lived at the time of declaration of candidacy."

Other candidates have strong words

The competing candidates, John Martinez, Pete Stiglich and Charles Schaupp - all republicans - came out swinging at the news. Paul Singh, the democrat, was asleep when the Pioneer Press called and he didn't call back.

"This is just further evidence of the desperate nature of Doug LaMalfa and David Reade to install another puppet into the State Assembly, so they can wholesale our water to their special interests in Fresno and Los Angeles ," said Martinez , of Etna. "Those law enforcement officials who have supported Nielsen need to take a closer look, so their agencies aren't called into question.".

"As such, I am personally committed to the interests of all my neighbors in the north state. I would expect all candidates to meet the letter and intent of the state residency requirements when deciding to run for state assembly or any other public office," Stiglich, of Cottonwood , said. "To do otherwise, would not be in the best interest of the north state voters."

Schaupp, of Esparto, also believes Nielsen is not meeting the intent of the law.

"Everybody knows Jim Nielsen lives in the gated community on Cross Street in Woodland ," Schaupp said. "Nielsen has a lot of baggage on him."

Voters with concern about this issue are encouraged to call the Secretary of State Election Division at 916-657-2166 or the Attorney General at (916) 322-3360 to lodge their complaint.

Daniel Webster can be reached at 530-468-5355 and Barry Clausen can be reached at 530-227-4774

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