EVERETT—Snohomish County Superior Court Judge Richard Okrent ruled on Tuesday, September 9, that Everett City Council District 4 candidate Niko Battle, who won the Primary Election, did not provide sufficient evidence to prove he is a resident of District 4. Battle’s name will now be removed from the General Election ballot in favor of third place finisher Luis Burbano. Battle was informed of his right to appeal.
“I don’t see any evidence here that supports the claim that you are living in District 4, city of Everett,” said Judge Okrent. “Therefore, I’m rendering judgment in favor of Mr. Demas.”
John Dimas, a resident of South Everett and President of the SPEEA Union, on August 18, filed with the Snohomish County Superior Court contesting the eligibility of Battle’s name to be on the General Election ballot in accordance with RCW 29A.68.013 petitioning the court to determine whether Battle met the residency requirements to run for office.
Battle told the Lynnwood Times that he plans to appeal Judge Okrent’s decision calling it “a vast miscarriage of justice and of democracy.”
“It’s ignoring the will of 42% of the people of District 4 who chose me to represent them on city council, ignores the fact that none of the evidence submitted here today rises to the standard of any sort of evidentiary procedure that I’ve seen in any other court across this country,” Battle told the Lynnwood Times. “We will not stop fighting until the lady sings and she has not even taken the stage yet.”
Battle said he expects Judge Okrent’s ruling to be overturned on appeal because he feels Dimas did not meet the standard of proof in contesting his residency.
“State law is very clear that the burden of proof in this matter is not on the respondent [Battle], it is on the plaintiff [Dimas],” Battle said. “The burden of proof I do not feel has been met, I do not feel it has even been close to met. I believe this case should have been similarly dismissed with prejudice.”
He further stated that Judge Okrent did not respect the “administrative process” of the pending voter residency challenge case with Snohomish County Auditor Garth Fell which took place the previous date. Fell stated during Monday’s hearing that he will render a decision “later in the week.”
“This is an administrative process that the Washington State Legislature has put their faith in, that the people of Washington have put their faith in before, and that should have been respected in this case, and it’s a shame that it wasn’t,” Battle said criticizing Tuesday’s ruling by Judge Okrent.
When asked in the court room after the hearing by the Lynnwood Times if he had a driver’s license and could show it to all the members of the press, Battle replied he has a driver’s license which was issued before his candidacy but that he doesn’t have his wallet on him to show reporters. When asked by Michael Whitney of the Snohomish Tribune the address on his driver’s license, Battle replied, “the same address.”
Dimas was very pleased with Tuesday’s decision and humbly stated that he simply “presented the evidence he had” and that now “it is up to the voters and citizens.”
In addressing allegations of a mass conspiracy against Battle to remove him from the ballot, Dimas shared that he initiated the challenge after concerns raised during a candidate forum at his union (SPEEA) in combination of news articles from the Lynnwood Times, My Everett News, and other publications (e.g. Everett Post) related to Battle’s claimed Everett residence.
“I decided, you know, under my own accord, my own funds and everything, to start the challenge process,” Dimas told the Lynnwood Times. “And no assistance from anybody. I had to do everything on my own, including figuring out what to file and how to file. It was hard. It was not easy. I’m not an attorney. I’m here pro se. I don’t have $15,000, $20,000 to hire an attorney to do this. So, it is a right of Washington voters to bring these challenges forward.”
Dimas shared that he supports Luis Burbano, who will now replace Battle on the District 4 ballot. Burbano will now face frontrunner, Alan Rubio who advanced to the General Election following the August Primary.
John Dimas testimony and evidence contesting Battle’s District 4 residency
Dimas argued that Battle did not meet the residency requirements under Washington state law and the City of Everett Charter, Article II, Section 2.2 which mandate that an eligible candidate be a resident of the city for at least one year prior to the general election (from at least November 4, 2024) and a resident of District 4 for six months prior to the primary election (from at least February 5, 2025).
Dimas’ primary evidence was a public records request from the state of Georgia, fulfilled on August 22, 2025, showing Battle’s voter registration in Fulton County’s municipal district SC32 remained active, with a “last contact date” of December 9, 2024. Voter records show that Battle voted in the March 2024 Georgia Primary Election.
According to Dimas, this date—defined by Georgia’s Secretary of State Elections Division as the last interaction with their office, such as updating voter registration or responding to correspondence—indicated Battle was a Georgia resident 10 months prior, conflicting with the required Washington residency timeline. Dimas submitted four exhibits to support this claim:
- An email confirming his public records request to Georgia Secretary of State.
- A summary of the voter data, highlighting Battle’s registration date of October 18, 2023, and the December 9, 2024, last contact date.
- An email from Tyrell D. Golden, a Georgia Elections Division official, defining “last contact date.”
- A summary of Fulton County’s voter registration data for Battle.
Dimas considered the Georgia voter data the “most relevant” evidence, arguing that Battle’s active registration and recent interaction with Georgia’s Election Office just 10 months ago placed his residency outside Everett during the required residency period.
“And for me, again, it is going back to the state of Georgia, to that last state of contact,” Dimas told Judge Okrent. “Because the voter registration there is still active. And if that last state of contact this past December, 10 months ago, if that was to say, hey, I’m moving or I’m deactivating my registration for the state of Georgia, if his current status in the state of Georgia would have been not active or de-active voter registration in the state of Georgia. But it is not. It is still active. That means on that date when he made that request that he was a resident of the state of Georgia on that date.”
He further supported his case with additional declarations, including a signed letter by Patty Adams, community manager at Sage Apartments in Everett—the residential address listed in the voter registration database for Battle and the address he claims as his primary residence—who stated on August 15, 2025, that she had ““no record of anyone by the name of Niko Battle living at Sage Apartments.”
The letter from Adams detailed her conversation with Battle raising concerns about unauthorized occupancy, noting his refusal to disclose his unit number, who he was staying with on the property, and his alleged response of “not really” when asked if he received mail to the property.
On August 27, a legal courier, under penalty of perjury, provided a statement to court that he was unable to deliver court documents to Battle on that day as the Sage Apartments address listed for Battle is a main sitewide address and does not list a unit number. He then confirmed with the manager of Sage Apartments that “Nikolas Battle is not on a lease at his complex, he does not receive mail at this address, and they do not have a record of him residing here.”
Other exhibits included public records from USAPhoneBook.com and Spokeo.com, dated August 17 and August 8, 2025, respectively, listing Battle’s addresses outside District 4, including one in unincorporated Snohomish County (1111 132nd Street Southwest) and another in Atlanta, Georgia (290 Cascade Rise Court Southwest), matching his Georgia voter registration address. A Snohomish County PUD records request showed no utility accounts under Battle’s name, and a county assessor search found no property owned by Battle in Snohomish County.
Dimas argued these collectively demonstrated Battle’s lack of residency in District 4.
Niko Battle defense of his alleged District 4 residency
Battle, representing himself, did not submit written materials but argued that Dimas’ evidence was insufficient to meet the high burden of proof required to disqualify a candidate.
Prior to his defense, Battle requested Judge Okrent to dismiss the case or at least postpone the hearing pending a decision from Snohomish County Auditor Garth Fell related to a voter registration challenge case, filed by Dimas on August 18 and heard the previous day on September 8. Battle argued that Fell’s decision would be “entered into evidence in this matter.”
“Washington law gives the auditor primary jurisdiction over voter registration disputes under RCW 29A.08.810 through 850. That process has not yet been completed,” Battle told Judge Okrent adding, “A brief delay will cause no prejudice to the petitioner but moving forward now before the administrative process runs its course would undermine both judicial economy as I mentioned earlier and the statutory framework while causing significant prejudice to the respondent in this case myself.”
Judge Okrent denied Battle’s request to postpone the hearing stating he has jurisdiction as this is a matter of urgency as ballots are scheduled to print on Wednesday, September 10.
“I understand the Supreme Court’s already ruled on this issue, vesting me with jurisdiction in a case called Frey v. High State, 13 Washington Pellett 731, 1975, which basically vesting jurisdiction in me regardless of the merits of the issue because of the fact that there’s urgency here,” said Judge Okrent.
During his defense, Battle contested Dimas’ allegation of him being a Georgia resident that was based on correspondence notes listed on Battle’s voter registration information as of December 2024, just 10 months earlier. Battle stated he moved to Washington in September 2024 from Germany and has “no recollection of any outreach” to the Georgia Election Office in December of 2024 and that there is no evidence of any “communications from myself to the state of Georgia or to the county of Fulton.”
“What is most likely is that the state of Georgia or the county of Fulton County in some capacity tried to communicate with me regarding the fact that I did not participate in the November election in Georgia and to see if I still wish to be registered to vote there,” Battle argued. “Unfortunately, that communication is unknown to me as I was not living in Georgia at the time.”
Battle further argued that Washington law protects voters like him in non-traditional housing situations under RCW 29A.08.112, stating that a lease or traditional address is not required for voter registration or candidacy.
He described his living arrangement as staying with undisclosed friends at the Sage Apartments and declined to provide a specific unit number when asked due to harassment concerns.
Battle maintained that he had resided in District 4 since September 2024, after returning from Germany and travels frequently for work, which he said was permissible under Washington law. He provided no declarations from others to corroborate his residency, relying instead on his testimony and Washington voter data showing his registration at the Sage Apartments since May 7, 2025, with a vote cast in the August 2025 Primary Election.
Battle also accused Dimas of weaponizing the legal process to overturn his primary election win of 42% of votes and argued that the evidence, including online records like USAPhoneBook and Spokeo, was unreliable due to inaccuracies and outdated information.
City of Everett Cross-examination of Niko Battle
On August 27, Judge Okrent, approved a motion by the City of Everett to intervene in the case. A motion to intervene is a formal legal request filed by a non-party to join an existing lawsuit or administrative proceeding.
The City requested this action stating, “it is in the best interests of the City, its citizens, and the rule of law, for this Court to resolve this action with a process that is straightforward, practical, and consistent with our State’s governing election contest statute (Chapter 29A.68 RCW).”
Representing the City of Everett was attorney Tom Ahearne with the firm Foster Garvey. Ahearne has been practicing law since 1986 and specializes in election, constitutional, and insurance cases. He was the lead council for the plaintiffs who won the multi-billion dollar McCleary school funding litigation and he was involved in lawsuits related to the Rossi/Gregoire Governor’s race which ended with Christine Gregoire’s being declared the winner.
Ahearne made it very clear to Jude Okrent at Tuesday’s hearing that the City of Everett took no position on whether Battle or Dimas should prevail but emphasized the need for a timely ruling to avoid election disruptions and voter confusion—e.g. ballot print deadline was September 10, the next day after the hearing.
Judge Okrent granted Ahearne’s request to question Battle under oath to establish a clear record of Battle’s residency addressing the dispute over his eligibility to run for Everett City Council District 4. Below is a summary of Battle’s sworn testimony to Adhearne’s cross-examination:
- Where do you currently live?
Battle responded that he lived with friends and family, with his primary residence at the Sage Apartments. - Is there a particular unit you live in at the Sage Apartments?
Battle declined to provide a specific unit number, citing harassment concerns from Dimas and his colleagues, and noted there was no legal requirement to disclose this. - In the six months before the August 5, 2025 primary, how many nights did you sleep in District 4?
Battle said it was a nebulous question and he didn’t have an exact number, estimating he spent “many” or the “majority” of nights there but traveled extensively for work. - Can you tell us how many days you were physically in District 4 in the six months before the primary?
Battle reiterated that he was in District 4 “nearly every day” but couldn’t provide an exact number due to extensive travel, particularly before filing for office. - Where do you receive your mail?
Battle stated he had multiple mailing addresses depending on the mail’s nature, with the one listed for voter registration being his father’s address. - Is your father’s address in District 4?
Battle confirmed it was not in District 4. - Do you file federal tax returns?
Battle answered yes. - What’s the residence you put on your federal tax returns?
Battle said he was unsure of the most recent address, as his family’s tax preparer handled his returns, and he would need to confirm with them. - Did you file on April 15th, and is it your testimony that you don’t recall what residence you put down on your April 15th tax return?
Battle confirmed he filed around April 15, 2025, and did not recall the specific residence listed, as his tax preparer managed those details. - How long have you been a registered voter of the city of Everett?
Battle noted his most recent registration was in May 2025 but said he had been a registered voter in Everett for multiple years over his lifetime. - How long have you been a resident of the city of Everett?
Battle gave the same answer, stating “multiple years over the course of my lifetime,” most recently since moving back to Washington in September 2024. - Is it your testimony you’ve consistently lived in District 4 since September?
Battle affirmed he had resided in District 4 since September 2024, despite extensive travel for work. - What do you mean when you say the word residency?
Battle defined residency as where his home and community are, where he spends most of his time, and where he intends to continue making his life, consistent with Washington State law.
Superior Court Judge Richard Okrent’s ruling against Battle
Okrent concluded that the totality of evidence against Battle demonstrated that he did not meet the residency requirements for District 4. He ruled in favor of Dimas, removing Battle’s name from the General Election ballot.
In his ruling, Judge Okrent found Dimas’ evidence credible, particularly the Georgia voter registration data indicating Battle’s correspondence with the Georgia Election’s Office on December 9, 2024, and the lack of records tying Battle to the Sage Apartments.
“The Georgia tracking demonstrates that at least as of December 2004, you were a voter in the state of Georgia,” Okrent told Battle. “You claim to have come to the state of Washington in September of 2004. That’s serious. You have not registered within the prior time. I don’t see any evidence here that supports the claim that you are living in District 4, city of Everett.”
Judge Okrent was very pointed in his ruling around Sage Apartment Manager Patty Adams’ declaration, stating she has no record of Battle living at the claimed address, which went unrefuted by Battle, who subsequently provided no documentation—such as a lease, utility bill, or third-party declarations from those he is allegedly living with—to confirm his residency in District 4.
“Once that declaration was put in play, you had the obligation at least to refute that,” Judge Okrent said in his ruling. “Maybe there was a photograph of you. Maybe there was a piece of mail that you got there. Anything. You did none of that. There is no evidence, no lease agreement, and I understand you don’t have to have one, but that’s a factor. No utility bill. That’s a factor. No phone bill. No, not any single record that links you to 1731 12th Street, Southwest Everett, Washington.”
Okrent stressed to Battle that the motives of Dimas bringing his challenge forward are irrelevant. He stated that “it is the policy of the state of Washington that our candidates live in the area from which they will represent their constituency” in his ruling and that “non-traditional housing has nothing to do with that.”
“The constituency of Everett City Council District 4 requires a member of that district to represent them properly,” said Judge Okrent. “That’s what the statute says. And any elector who believes that the person who is a candidate is not a proper candidate has the right to challenge that so that the process is clear, so that the elections are fair, so that the elections are not overturned because of issues of residency, which clearly under the case law means you must demonstrate that you’ve lived there.”
Battle’s listed mailing address—his father’s, in Granite Falls—and the absence of a clear tax return address further weakened his case, Judge Okrent added.
“You list your father’s address as your mailing address, and he does not live in Everett,” said Okrent. “You will not reveal the address, or you don’t recall the address on your tax return. A simple reveal of the address on your tax return would have put some of this information in refutation. You didn’t do that.”
Author: Mario Lotmore
