Did David McIntosh commit voter fraud?

In a previous post, I had asked "Where does McIntosh live?", raising questions about the residency of Fifth District Congressional candidate David McIntosh.  Since then, McIntosh's opponents, mainly Susan Brooks and Dr. John McGoff, have relentlessly attacked McIntosh on this issue, as have others, including traditional and non-traditional media. 

McIntosh has claimed to live in Indiana, but otherwise will not answer questions on this issue.  When WISH-TV reporter Jim Shella, also the host of "Indiana Week in Review" on PBS, tried to question McIntosh on this issue, McIntosh, who knew the interview was coming, ended the interview and walked away.

The question that drove McIntosh into this unseemly retreat was about where McIntosh's wife and kids live.  McIntosh, an attorney, probably knew this was a hot-button question, as by all accounts, his wife and children live in their home in Arlington, Virginia, the children attend school there and his wife is registered to vote there. 

This is a Very Big Deal because of Indiana law about residency for voting purposes.  Indiana Code 3-5-5-11 provides:

The place where a person's immediate family resides is the person's residence, unless the family's residence is:

(1) a temporary location for the person's immediate family; or

(2) for transient purposes.

The only way McIntosh can claim residence separate from his wife and children, who apparently remain in Virginia, is to separate from them with the intent of establishing a separate, permanent, residence.  This does not appear to be his defense.  Otherwise, McIntosh legally remains a Virginia resident for voting purposes, and has never established a legal voting residence in Indiana. 

McIntosh is already under investigation for possible vote fraud, which as we learned in the Charlie White case, is a felony, both for false voter registration, and for falsely voting where a person does not actually live, both felonies. 

Voters elected Charlie White notwithstanding the ongoing felony investigation in 2010.  Will they do the same in 2012?   Frankly, unless David McIntosh comes forward with something other than silence and evasion, he may face the same type of criminal charges as Charlie White.  Our system cannot afford candidates who play these sorts of games.