The St. Joseph County Election Board unanimously denied a challenge to Mike Castellon's eligibility to serve as county assessor, saying evidence provided by his opponent did not disprove Castellon's own records that show his permanent residence is in Mishawaka.
It was up to Ted Booker, a former Tribune reporter and the Democratic candidate for county assessor, to prove that Castellon violated state law requiring him to have been a resident of St. Joseph County for a full year prior to Jan. 1, 2023, the day a new assessor will be sworn in following the November election.
Castellon, a Republican who's been Penn Township assessor since 2011, bought a home with his wife in Florida in March 2021. But the board ruled during a Friday hearing that there's insufficient proof he hasn't been a resident of St. Joseph County since that spring.
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"I do believe that there is a substantial amount of evidence that relates to Mr. Castellon's presence in St. Joseph County and the fact that he has been here for a long time," said Charles Leone, chair of the election board and a Democrat. Leone, Republican member Ben Horvath and County Clerk Rita Glenn all voted to deny the challenge.
The county assessor's race followsa string of years in which assessed property values have risen dramatically,along with appeals from taxpayers. About 90% of real estate parcels in St. Joseph County received higher valuations this year, while gross valuations of all 118,000 parcelshave risen a collective $2 billionin the past two years.
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Castellon previously told The Tribune he and his wife had been renovating the Florida home in anticipation of his retirement. But near-term plans appear to have changed when the opportunity arose for him to replace longtime Democratic Assessor Rosemary Mandrici, who announced earlier this year that she would step down.
Since April 2021, the couple has been renting an apartment at Autumn Lakes Apartments and Townhomes in Mishawaka.
"It's the right decision," Castellon said of the board's ruling Friday. "I'm a lifelong resident (of St. Joseph County). Now that we're done with this portion of it, we really need to focus on what each candidate's going to do to help the taxpayer.
"Clearly I have the experience," he added, "and I've proven through the history of the (Penn Township) office that we've taken care of taxpayers over the last 11-plus years."
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Castellon was supported at the hearing by a group of Republicans, namely Susan Baxmeyer, the acting chair of the St. Joseph County Republican Party. She told The Tribune the party is "grateful the board has not tolerated Mr. Booker's blatant political maneuvering and overturned the challenge."
Booker, who works in the Elkhart County assessor's office, based his July challenge on public records he obtained from the Charlotte County Appraiser's Office, in Florida,showingCastellon's wife qualified for a homestead taxexemptionon the couple's house in 2021.
The exemption, which reduces the assessed value of a home by up to $50,000 for tax purposes,meansshe considers the home her primary residence and resides there. Under Florida law, however, a resident can temporarily stay elsewhere so long as they intend to return.
Castellon himself did not apply for the exemption, Charlotte County Property Appraiser Paul Polk previously told The Tribune. Though Booker claimed their joint ownership of the home showed Castellon's intent to live there permanently, Castellon's attorney, James Masters, said Florida law doesn't bar spouses from claiming separate permanent residences.
"Despite the outcome, I think this was important to bring to the public's attention," Booker said, adding that he respects the board's decision. "I think it's important for our next county assessor to live full-time in the community and be present to serve taxpayers."
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Leone, the election board chair, did acknowledge evidence that showed Castellon had spent a significant amount of time in Florida throughout 2021 and this year. Social media posts from last April to this June compiled by Booker indicate Castellon was in Florida on 16 seemingly separate occasions.
Many of the dates were around holidays, Castellon noted. He said he would often arrive in Florida on a Thursday and return to St. Joseph County by Sunday, or go for a few days during the week. But he said most of his time was spent in Indiana.
"I did not spend entire months in Florida to vacation," Castellon said. "Of the days that I was on vacation, I often worked remotely, as I needed to, to make sure the taxpayers were being attended to."
A handful of factors determine whether a public official is a permanent resident under Indiana law, but candidates are presumed to live where they are registered to vote. Indiana law does not appear to require public officials to spend a certain number of days in their jurisdiction or else be disqualified from office, county attorney Michael Misch said.
If elected, Castellon said that because the St. Joseph County assessor's position would likely involve many long work weeks as he learned about the system, he anticipates spending less time traveling out of state.
He said employees in the Penn Township office haven't brought concerns to him about his frequent trips to Florida. He doesn't feel he spent more time on vacation over the past year than most people do in a given year.
"If you ask my staff, they will tell you, as far as I know, that I'm always available," Castellon said. "If they need something, I am there. If they need resources, they've got it. I have always come through for them on everything that they needed."
Email South Bend Tribune city reporter Jordan Smith at JTsmith@gannett.com. Follow him on Twitter:@jordantsmith09
