Indiana State Treasurer Richard Mourdock challenged Sen. Lugar’s residency last week, stating the senator has not lived in the state for 35 years.
Lugar's last known residence is 3200 Highwoods Court in Indianapolis. He was elected into the U.S. Senate in 1976 but sold his home shortly thereafter, according to court documents.
However, Zoeller, basing his opinion on Indiana Constitution and laws, stated Lugar’s living arrangements are legal.
Back in 1982, then-Indiana Attorney General Linley Pearson ruled that based on the state constitution, Lugar can keep his Indiana residency and voting address, no matter how long he's away from the state. Zoeller upheld the opinion.
“If a person has established residency for voting purposes in an Indiana precinct prior to his or her service in Congress, that residence remains the Congressperson’s residence as long as he or she remains on the business of the state or the United States,” the 2012 ruling concludes. “A continual physical presence is not required in order to maintain his or her residency status.”
Read Zoeller’s entire response here.