Lynnwood City Councilmember Josh Binda offered some clarification on his residency at Monday’s Lynnwood council meeting, after an article was published online putting Binda’s Lynnwood residency and eligibility to serve on the council in question. 

Binda’s voter registration is currently inactive after documents sent by the county to verify his address bounced back in the mail. This, coupled with an eviction from his Lynnwood apartment in 2023, and an Everett address listed on his federal candidacy documents – among other issues – put Binda’s Lynnwood residency in question. 

The matter has sparked debate on the council, having been the subject of conversation for several meetings after the Lynnwood Times posted an article late January alleging that Binda lived in Everett, questioning his qualifications to serve on the council. 

Some members of the public in recent meetings have asked that Binda be removed from the council. Whether he lives in Lynnwood or not, neither the mayor nor any councilmember has the ability to remove someone from their seat on the council, Mayor Christine Frizzell said Monday. Such an action would only be possible under a court order, City Attorney Lisa Marshall said. 

Taking legal action to remove someone from the council is expensive and time consuming, Marshall said. Conversations surrounding an elected official’s residency have come up for every governmental body she’s provided legal counsel for, and none of them have found an easy solution, she said. She also said she didn’t think it was necessary for the council to take legal action on the matter at this time. 

“In my experience, it’s been a never-ending inquiry,” Marshall said. 

The council discussed at their Monday meeting whether they want to look into changing the language of the city’s code to tighten residency requirements for a city councilmember. 

Councilmember Patrick Decker instructed City Attorney Lisa Marshal to draft a potential ordinance that the council could discuss in future meetings and eventually pass if it wishes to do so. He doubled down on state law, stating that a council seat becomes vacant once a councilmember moves out of the jurisdiction they serve. 

Decker’s proposed solution is for the council to eventually pass an ordinance that would require a councilmember to regularly provide proof of residence, suggesting that they would do so every three months – or more often if a resident requested proof of address. Decker said he isn’t satisfied with financial disclosure and voter registration documents to prove residency, saying that no one goes out to verify the validity of the addresses listed on those documents. 

Decker suggested councilmembers could prove residency using documents similar to what the state Department of Licensing or the Edmonds School District requires. These documents usually include utility bills, a lease agreement, a mortgage statement or a bank statement.

After a few weeks of speculation, Binda offered some clarification on the matter Monday. He told the council that he is currently living in Lynnwood, and that after being evicted from his Lynnwood apartment in 2023 he spent some time living with family in Lynnwood while he got back on his feet. 

“In 2023 I lost my job and had to vacate the house I lived in as I no longer could afford it,” Binda said. “During that tough time, I moved in with my family in Lynnwood while I sought stability.” 

In response to the allegations that he lives in Everett, Binda said he spent time in the city house sitting for his father while he was in another country caring for a family member. 

“During a challenging time in our family, I was entrusted with house sitting for my father while he was abroad caring for my grandmother in our home country, Liberia,” Binda said. “I promised him that I would take care of his home and that’s exactly what I did.” 

Binda continued: “…It is essential to understand that I have every right to go to my dad’s house anytime I want, every right to leave whenever I want.” 

On Dec. 18, 2024,  the Snohomish County’s Elections Office received an alert that Binda’s voter registration address had changed. Per state law, the county mailed an acknowledgement card to the new Lynnwood address to verify Binda’s residency there. 

The U.S. Postal Service  sent the card back to the county, stating that the new address associated with Binda’s voter registration was “insufficient.” This prompted county officials to move his voter registration status to “inactive,” in accordance with state law, Snohomish County Auditor’s Office spokesperson Sierra Cornelius said last month in an email to Lynnwood Today. 

Although Binda’s voter status is inactive, he is still technically a legally registered voter in the State of Washington, Cornelius said in another email Monday morning. 

“Voters who are in an inactive status are still registered to vote but will not receive a ballot until we release updated information on the voter,” Cornelius wrote. Under state law (RCW 29A.08.630).“… A voter’s registration cannot be cancelled automatically unless they have an inactive status for two consecutive federal general elections,” she added.

State law divides registered voters into two categories, “active” and “inactive.” All registered voters are automatically considered active unless marked inactive by a county auditor, under RCW 29A.08.615. 

The auditor is also required to cancel someone’s voter registration after someone dies or moves out of state. 

On Jan. 27, Mayor Christine Frizzell held an emergency meeting with Council President Nick Coelho and Councilmember Binda after the article questioning Binda’s residence was published.

Records from the Snohomish County Superior Court show that Binda was evicted from his Lynnwood apartment in October 2023 after failing to pay rent for several months.  

Court documents relating to Binda’s eviction can be found here: Binda Eviction Judgement REDACTED

It’s unclear exactly where Binda lived in the time between being evicted and now, but city staff say the address he provided to the mayor and Council President Coelho matches his current voter registration address at an apartment complex in Lynnwood – the same address the county received an “insufficient address” notice for. 

On Monday, Coelho said he believed Binda’s inactive voter status was the result of a “clerical issue,” when the confirmation form sent to verify Binda’s address bounced back in the mail. 

As of Tuesday morning, neither Mayor Frizzell nor Council President Coelho responded to Lynnwood Today’s emails asking how Binda provided his address to them – whether it was via verbal confirmation or if he submitted any documents or written communication associated with said address.  

Lynnwood Today requested an interview with Binda, but he said he was unable to meet due to personal reasons. 

In 2024, Binda ran for the Congressional seat now occupied by Rep. Rick Larsen, losing in the primary election. In his Statement of Candidacy filed with the Federal Election Commission in January 2024, Binda listed an Everett address. This is also the address listed for Binda’s nonprofit, Binda Speaks LLC. According to state voter registration records, Binda’s father is registered at this address. 

Binda’s FEC filling: Binda FEC 2 REDACTED

Binda said on Monday that he used the Everett address to protect his privacy, saying that he doesn’t want those writing for the Lynnwood Times – the publication alleging he didn’t live in Lynnwood – to know where he lives. 

Although eyewitness accounts published in the Lynnwood Times place Binda at the Everett apartment, it’s unclear whether it’s his permanent address. Binda denied the allegations during a brief phone call with Lynnwood Today after the allegations were first published. 

During a council meeting earlier this month, Binda said he filed a restraining order against Mario Lotmore, the publisher and founder of the Lynnwood Times, alleging that Lotmore stalked him.

See the protection order here: Binda restraining order REDACTED.pdf

A Snohomish County judge denied the restraining order on Jan. 28, stating that Binda didn’t identify a date of a specific incident or behavior that would support a protection order. 

“Petition does not allege sufficient facts to warrant entry of an order under RCW 7.105, further acts appear to align with behavior that may serve ‘lawful purpose’ given respondent [Lotmore] works for the Lynnwood Times and entry of this order may affect 1st Amendment issues,” the judge said in court documents. 

See the judges denial here: Judge’s Denial of Binda’s protection order

Binda listed two addresses on the restraining order, the Everett address listed on his financial documents and the Lynnwood address he was evicted from in 2023. 

City code doesn’t explicitly state whether a councilmember is required to live in Lynnwood for the entire duration of their time on the council. However, state law requires councilmembers and mayors to live in and be registered voters in the city they serve. 

Per state law, to be a registered voter, the address provided on the registration “must identify the actual physical residence of the voter in Washington.” 

Although state law doesn’t explicitly say so, attorneys who write for the Municipal Research and Services Center – an organization run by state attorneys to provide legal information for municipal governments – say that state law allows elected officials to temporarily move out of their jurisdiction without losing their position. 

“Once an individual moves out of the jurisdictional boundaries of the municipality they serve, unless that move is truly temporary, they are no longer qualified to serve on the governing body of that municipality,” attorney Flannary Collins wrote for the MRSC.

“So, while each factual scenario would have to be reviewed independently, as a general matter, unless the individual establishes residency outside of the municipality and registers to vote at that new residence (which clearly shows an intent to abandon their old residence), they would still be eligible to hold their position,” Flannary continued. 

During the meeting on Monday, Binda said Decker was trying to “make up rules on the spot” to “attack” Binda directly. 

“I really want to make that emphasis that this is what this is about, and it’s making sure that certain people and certain demographics and certain backgrounds, certain incomes can’t serve – sorry, this is no longer the good old boys,” Binda said. “…When does it end? Does everyone have to be like Decker to serve?” 

Decker responded, saying “I do want everyone who serves on the council to be like me,” adding that he wants every councilmember to be like him in being a resident of Lynnwood and able to prove they live in the city. He added that he never said anything about class or demographics, saying that he only cares about where a councilmember lives. 

“This is not a witch hunt,” Decker said, and doesn’t want to propose anything that affects Binda’s ability to be on the council.

City of Lynnwood spokesperson Nathan MacDonald told Lynnwood Today that the city is in the process of researching its role when a councilmember moves within or outside of their jurisdiction, if there is any. Eventually, this could be something the council could address in the future by revising the city’s code, he said in an email. 

“The city and council have to navigate this unique and somewhat unprecedented circumstance, and we want to ensure that everyone’s roles are clear,” MacDonald wrote. “We want to resolve these complicated issues, but they are not always as straightforward as we all want them to be when looking through the rules and codes of multiple agencies and jurisdictions. This is where it stands as of now.” 

— By Ashley Nash. ashley@myedmondsnews.com