Two people have appealed the Indiana Election Commission's recent ruling that Sen. Richard Lugar, R-Ind., is a resident of the state.
Eric C. Bohnet, the attorney for the two, said Wednesday in a news release the appeal seeks an injunction that would prevent election officials from printing ballots for the May 8 primary election until the case is resolved. Lugar is opposed in the Republican primary by state Treasurer Richard Mourdock.
Bohnet said the appeal is based on the U.S. Constitution's residency provision for senators.
"The Constitution requires that Senators be inhabitants of the states that elect them," Bohnet said in a statement. "But Sen. Lugar sold his last Indiana residence almost 35 years ago, and still votes from that old address for his voting registration because he doesn't have anywhere in this state to call home. He's become an inhabitant of Virginia, and thus ineligible to be elected to the Senate from Indiana."
Two Indiana attorneys general have ruled that for the purpose of voting in Indiana elections, Hoosier members of Congress do not give up their residency if they move out of state to fulfill their official duties.
Those opinions "do not affect the federal constitutional law that determines qualifications for the United States Senate," Bohnet said.