Judge Finds Probable Cause: Island Park Voter Fraud Case advances, preliminary hearings for other defendants set for late October
Seth Ratliff
FREMONT COUNTY, Idaho (KIFI) — A voter fraud case against Chad Vanderbeek will proceed after a judge ruled Wednesday that the prosecution met the burden of proof for probable cause.
RELATED: Island Park Voter Fraud Investigation
Vanderbeek is one of eleven defendants accused of illegally voting in the 2023 Fremont County municipal election by allegedly using incorrect addresses in Island Park. Judge Eddings announced his ruling in a near-empty courtroom, with at least two seats filled by Vanderbeek’s visibly disappointed family.
The ruling comes three weeks after a heated preliminary hearing where the defense argued Vanderbeek never intended to move from his primary home in Island Park. He had been staying in Idaho Falls since 2022 to care for his aging parents, which the defense said should not impact his voting residence.
“There is no indication under black letter law that my client has established residence somewhere else,” argued Malek. “There is, however, an indication that my client has established residence in Island Park.”
However, the prosecution argued that under Idaho Code 34-107, the Island Park address was not his primary residence for voting purposes. The code outlines that factors like “residence of parents… and motor vehicle registration” should be considered to determine residence where no homeowners’ exemption has been taken out.
Blake concluded that because Vanderbeek’s parents have taken out a homeowners’ tax exemption in Bonneville County since 2016, his primary residence would be in Idaho Falls.
RELATED: Man accused of voter fraud in Island Park awaits judge’s decision
The ruling by District Judge Faren Eddings means that Vanderbeek will appear in court once again to formally enter a plea at an arraignment on October 28th before Judge Steven Boyce.
Preliminary hearings for several of the remaining individuals in the voter fraud investigation have been scheduled for the following day, October 29th, at 1 p.m.