Second Ward candidate challenges eligibility of opponent with similar name

Clear Lake Second Ward City Council candidate Bennett Smith has submitted a formal challenge to the listing of a challenger’s name, “Ben Smith,” on the November General Election ballot in its current form.

Bennett Smith submitted a letter of challenge to the Cerro Gordo County Auditor at 4:10 p.m. Monday, Sept. 25.

Smith wrote, “Jack Leroy Smith has turned in nomination petitions and an Affidavit of Candidacy that was submitted under the name of “Ben” Smith. While I recognize that family and friends of Jack Smith may refer to him as ‘Ben’ I believe that if his legal name is Jack Smith, then that would be the appropriate name to list on the ballot. Listing his name as ‘Ben’ on the ballot will cause unnecessary confusion for voters who may not know each of us personally given that my name (and legal name) is ‘Bennett’ Smith, and will create an undue burden on voters to correctly identify and make a fully informed choice for a candidate in the Second Ward of Clear Lake.”

The Clear Lake City Council has scheduled a special Council meeting for 7:30 a.m. today (Wednesday, Sept. 27)  for the sole purpose of selecting a member of the City Council to serve along with the Mayor and City Clerk on a three-person panel to determine the eligibility and candidacy of “Ben” Smith for Ward 2 City Council.

According to Clear Lake City Administrator Scott Flory, the panel will tentatively meet at 3:30 p.m. Friday to decide the  issue.

By law, the City has seven days to select a member of the Council, hold the hearing, and determine whether the candidacy of Ben Smith may proceed to the general election in November.

Ben Smith said Tuesday he was aware of the challenge and had been communicating with his opponent over the past few days.  Bennett Smith had stated his intention to challenge.

“When I was born, my birth certifi-

[wlm_nonmember]To read more of this article, please login or sign up for our E-Edition[/wlm_nonmember][wlm_ismember]

cate said Jack L Smith, and my Social Security card said Benjamin J Smith,” he explained.  “I was named after my paternal grandfather. At some point when I was in the womb, or very shortly after, my parents separated and my mom was in a dispute with my dad’s side, so she started calling me Ben, per my Social Security number.  I have been know as Ben Smith for almost all 36 years of life on earth.”

Ben Smith said he did not file for candidacy with malicious intention and he is hopeful his common name will remain on the ballot.  He plans to write up a challenge to present to the County and City to prove that he has been known as Ben Smith his entire life.

“I will do what I can in order to not have to drop out, and try to serve the people that surround me.  To have me run as Jack Smith takes away my identity. I have been know as Ben, my entire life. To make me run as Jack, would be the same as not running at all, it would void out everything I have accomplished, worked on, or been, for 36 years,” he said.

In his challenge letter to County Auditor Ken Kline, Bennett Smith noted he checked the Iowa Secretary of State website to see if there was a “Ben” Smith registered to vote in the Clear Lake zip code and there was not.

“My name (Bennett Smith) was what showed up based on that search, and a subsequent search of Jack Smith returned a Jack Leroy Smith. So, if this is the same individual running for office in Ward Two in Clear Lake and this is the name that he has voted under (or simply been registered to vote) it seems only appropriate that it should be the name listed on the ballot once he has decided to become a candidate for office,” Smith stated.

In addition, the property at the address submitted on the Affidavit of Candidacy of “Ben” Smith is owned by and listed under the name of Jack L. Smith, according to county property records.

[/wlm_ismember]