County auditor dismisses challenge to Lynnwood Council VP’s residency

LYNNWOOD — The Snohomish County Auditor dismissed a voter registration challenge against Josh Binda on April 15, likely bringing an end to questions over his residency that began in January.

Some Lynnwood residents and City Council members had called the council vice president’s residency into question because of a 2023 eviction, his voter registration status being listed as inactive and his listing of an Everett address on a number of public documents during his 2024 campaign to run for a seat in the U.S. House of Representatives. Binda denied the claims, stating that he remained a Lynnwood resident.

State law allows registered voters to challenge other’s voter registrations, but the burden of proof falls on the challenger.

In his ruling, county auditor Garth Fell wrote that the arguments from the challenger, Dio Boucsieguez, “were not supported by sworn declarations or other evidence sufficient to overcome the presumption” that Binda lives at the address where he is registered to vote. That address is located in Lynnwood.

“The address thing should be done with,” Binda said in an interview Tuesday. “The auditor’s made his decision. I’m a resident here, I’ve been a resident this whole time, and I stayed by that the entire time. My story never changed. I’m really hoping whatever misinformation was put out there can be corrected.”

As evidence in the hearing, Boucsieguez submitted documents where Binda listed an Everett address or different Lynnwood address on 2024 campaign filings. Binda submitted phone bills, pay stubs and insurance documents showing his previous Lynnwood address and the current Lynnwood address where he is registered to vote.

Binda updated his voter registration to his current Lynnwood address on March 25, the day of the hearing at the auditor’s office, Fell wrote in his decision. That is permitted under state law, he added. Binda moved into the apartment in February, but waited to update his voter registration because of safety concerns, he said Tuesday.

Boucsieguez led a campaign to recall Binda in 2023. A judge ruled there was enough evidence to approve the recall campaign, but it failed to gather enough signatures from Lynnwood residents to make it on the ballot.

Boucsieguez did not respond to an email seeking comment.

Including the challenge against Binda, Snohomish County Elections has received six voter registration challenges since 2020, said Sierra Cornelius, an auditor’s office spokesperson. Only two of those have led to a hearing.

Binda was elected to the City Council in 2021. He has faced controversy before over ethics and campaign finance violations.

State law requires elected officials to be residents of the city they serve in for at least a year before they can run for office. But defining residency isn’t an exact science. Lynnwood’s municipal code doesn’t define residency requirements beyond what’s already written in state law, which states that “Residence and voting within the limits of any territory which has been included in, annexed to, or consolidated with such city is construed to have been residence within the city.”

For the purpose of registering to vote, residency is defined in state law simply as “a person’s permanent address where he or she physically resides and maintains his or her abode.”

Legal experts at the Municipal Research and Services Center, a nonprofit that provides legal guidance to local governments, said the primary question on issues of residency is whether someone intends to abandon their old residence and establish a new one elsewhere.

The nonprofit writes that people may have more than one permanent residence at any one time. But unless an individual establishes residency outside of their city and registers to vote at a new residence — showing intent to abandon their old residence — the person would still be able to hold their position.

Binda last voted in the November 2024 election, records show. His previous address on his voter registration, located in Lynnwood, was listed as inactive near the beginning of 2025, Fell previously said.

The county auditor’s office lists a voter’s registration as inactive if the United States Post office informs the auditor that a person has potentially moved from their address. Inactive voters are still registered voters, but they must confirm their address with the auditor’s office before their status is reactivated.

Binda’s voter registration is currently listed as active, Secretary of State records show.

Will Geschke: 425-339-3443; william.geschke@heraldnet.com; X: @willgeschke.