Ballard, an independent, sued the commission last week. The commission has not met since July and scheduled its next meeting for Nov. 20, after the Nov. 3 election. Ballard argues voters should learn the outcome of the complaints before casting their ballots.

The complaints include a $60,000 contribution to Republican candidate Max Engling’s campaign, which Engling has said was returned, and allegations concerning events attended by Democratic candidate Beau Bayh that were not disclosed. Bayh has described the complaints against him as “frivolous.” The allegations have not been resolved by the commission.

Republican candidate David Shelton joined the lawsuit earlier this week. He has said that even though Engling’s campaign returned the contribution, the commission should examine the donor, Hoosier Leadership for America, a group affiliated with U.S. Sen. Jim Banks.

Ballard’s attorney, Michelle Harter, told the court the case is about requiring the commission to carry out its role, not dictating how it rules. “The overall purpose of all election laws is to protect the voters’ will,” she argued. Harter said the complaints involve candidates seeking to become Indiana’s chief election officer and that the public has a right to know how they are handled.

The state’s attorney, Ellen Queen, opposed Ballard’s request for a preliminary injunction. She argued that the commission has no obligation to meet before the election, that there is too little time for a meaningful review, and that ordering a meeting would not determine whether any rules were violated or penalties warranted.

Queen also said a meeting could let candidates use the commission to shape voter opinion. Harter called that accusation “projection,” arguing that declining to meet also affects the political debate.

Ballard said outside court that the commission’s failure to meet had made the matter political and that he was acting on behalf of voters. Judge Jennifer Harrison said she would issue an order by Monday, Oct. 26. The election is Nov. 3.