Greater Harrisburg's Community Magazine

Mayoral candidate Otto Banks stays in race; court decides that he lives in Harrisburg

Mayoral candidate Otto Banks outside the Dauphin County Courthouse on Tuesday

Harrisburg mayoral candidate Otto Banks will remain on the ballot, winning a legal battle to prove his residency in the city.

On Thursday, Dauphin County Judge Andrew Dowling issued his decision on whether or not Banks lives in Harrisburg—a requirement to run for office—and decided he did.

“We are very pleased with the decision of the court and very glad Otto will have a chance to face voters of the city of Harrisburg,” Bank’s attorney John Bravacos said when reached by phone.

The petition against Banks was filed by city resident Joseph Wright earlier this month. On Tuesday, attorney Karen Balaban argued in a Dauphin County courtroom that Banks may have purchased his house at 1204 S. 19th St. over a year before the coming general election on Nov. 2, but he hasn’t been residing there.

According to Dauphin County, Banks bought the Harrisburg house on Aug. 31 for $50,000. He stated that he moved in shortly afterward, even though he still owns his Swatara Township house, which he bought in February 2007.

One of Balaban’s main arguments was Banks’s low water, gas and electric usage, which all substantially decreased from the previous owner. However, Dowling wasn’t convinced, citing in his opinion, Banks’ testimony that he didn’t spend much time in his home during the day and often traveled to Colombia to visit his wife and son.

“We do not find the purportedly low utility bills to be persuasive or sufficient to overcome the presumption that the candidate lives where he said he lives,” Dowling wrote in the memorandum supporting his decision.

Balaban also sought to prove that Banks spent more time at his Swatara Township home on Hoffman Drive. But Dowling again supported Banks’ testimony that he sleeps and has most of his belongings in his Harrisburg home.

When reached by phone on Thursday evening, Balaban said she is reviewing the transcript and will decide if she wants to appeal the ruling. She has 10 days to file an appeal.

Banks said in court on Tuesday that he does still use his Swatara Township home as office space for his consulting company, Skyler Group LLC, and occasionally sleeps over if he is working late.

In the memorandum, Dowling noted that Banks applied for and was granted a homestead exemption, updated his voter registration, changed his bank account mailing address, updated his driver’s license and car registration and put in for a change of address at the post office, all to reflect his Harrisburg address.

“In conclusion, we find that the credible evidence shows that the candidate was both physically present at the city property, and clearly manifested an intent to make the city property his principal home, thus making it his residence for the purpose of qualifying as a candidate for the office of mayor of the City of Harrisburg,” Dowling stated.

Banks, a former city council member, is seeking the Democratic nomination for the mayor of Harrisburg. He joins incumbent Mayor Eric Papenfuse, City Council President Wanda Williams, businessman Dave Schankweiler and HMAC manager Kevyn Knox on the ballot for the May 18 primary.

Updated at 6:00 p.m. on 3-35-21 to include a statement from Balaban.

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