Greg Ballard, the independent candidate running under the Lincoln Party banner, sued the commission last week, arguing that voters should know before casting ballots whether complaints against Democrat Beau Bayh and Republican Max Engling merit investigation. The commission has scheduled its next meeting for Nov. 20, more than two weeks after Election Day.

Judge Jennifer Prinz Harrison heard arguments Oct. 23 and said she would rule by the end of Monday. The four-way race also includes Libertarian Lauri Shillings.

Ballard’s lawyer, Michelle Harter, argued that state law requires the commission to enforce election laws and promptly investigate when it believes a violation may have occurred. Delaying consideration until after the election, she said, would deprive voters of information about the candidates.

“There’s definitely at least the appearance of impropriety here,” Harter told the court, suggesting the commission’s Republican chair, Beth Boyce, could be protecting a fellow Republican. Boyce, who has discretion over calling a meeting, did not respond to a request for comment, according to the source text.

Ellen Marie Queen, an attorney with the Indiana attorney general’s office representing the commission, argued the law leaves the commission to decide whether it believes a violation occurred in the first place. She also said Ballard had not shown he was directly harmed by the commission’s meeting schedule and therefore lacked standing to sue.

Queen characterized the lawsuit as an effort by a candidate to use the commission to influence voters. Ballard countered after the hearing that delaying a meeting was itself politicizing the process. “The voters deserve that information,” he said.

At least four complaints have been filed with the commission concerning the campaigns. In July, David Shelton, who had opposed Engling in the Republican convention, asked the panel to investigate a $60,000 contribution made to Engling’s campaign by Hoosier Leadership for America. State law limits corporate contributions to statewide candidates to $5,000 annually. Engling’s campaign returned the contribution before Shelton filed his complaint, but Ballard says the commission should still examine whether it was accepted and properly reported. Shelton filed a brief supporting Ballard’s lawsuit.

A September complaint questioned whether an event hosted by Hoosier Leadership for America the night before the Republican state convention, where Engling was listed as a special guest, should have been reported as an in-kind campaign contribution.

After the Engling campaign warned that coverage of the complaints could prompt more filings, citizens submitted two complaints concerning Bayh. They argue that public events he attended as a candidate, including fundraisers and meet-and-greets, may count as in-kind contributions.

Queen said the public also has an interest in preventing the commission from being used for political purposes. Ballard said he could consider asking the governor to compel a meeting if the judge denies his request.

The dispute comes as Republicans seek to retain the statewide office, while Bayh poses a challenge to the party’s decade-long hold on statewide power. The commission has two Democrats and two Republicans.