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Indiana judge declines to order pre-election review of secretary of state campaign complaints

A Marion County judge ruled the state Election Commission does not have to meet before Nov. 3 to consider four campaign finance complaints involving secretary of state candidates. Independent candidate Greg Ballard argued voters should hear the commission’s assessment before Election Day.

Indiana judge declines to order pre-election review of secretary of state campaign complaints

A Marion County judge has rejected independent secretary of state candidate Greg Ballard’s request to require Indiana’s Election Commission to meet before the Nov. 3 election and consider four campaign finance complaints involving his rivals.

Judge Jennifer Prinz Harrison ruled that Ballard had not shown he would be directly harmed if the commission waited until after the election. In her decision, she characterized his claim of harm as hypothetical and said forcing a meeting less than two weeks before Election Day could confuse voters, disserving the public interest.

The commission’s next meeting is scheduled for Nov. 20. Its four members are split evenly between Democrats and Republicans, and Republican Beth Boyce chairs the commission and has discretion to call meetings.

Ballard, running under the Lincoln Party banner, sued in mid-October. He argued the commission should decide before voters go to the polls whether the complaints merit investigation. State attorneys countered that the commission must first determine whether it believes a violation may have occurred, and argued Ballard had not established legal standing to compel a meeting.

The complaints concern Republican Max Engling and Democrat Beau Bayh. Libertarian Lauri Shillings is also running in the competitive race.

Two complaints involve Engling. In July, David Shelton, who had opposed Engling at the Republican convention, asked the commission to investigate a $60,000 contribution made to Engling’s campaign on June 30 by Hoosier Leadership for America, a nonprofit corporation affiliated with U.S. Sen. Jim Banks. Indiana law limits corporate contributions to statewide candidates to $5,000 a year. Engling’s campaign refunded the money before Shelton filed the complaint; Ballard contends the commission should still examine whether the contribution was accepted and improperly reported. Shelton supported Ballard’s position in court.

A September complaint raised a separate question about whether Engling should have reported as an in-kind contribution an event hosted by Hoosier Leadership for America the night before the Republican state convention. Engling was listed as a “special guest.”

Two complaints against Bayh followed. One alleged that public events he attended as a candidate, including fundraisers, receptions and meet-and-greets, should be treated as in-kind campaign contributions. Ballard’s lawsuit said a second citizen filed a similar complaint that month.

At an expedited hearing on Oct. 23, the parties disputed the motives behind the commission’s inaction. Ballard’s side argued that the Republican-chaired commission was shielding the Republican candidate by not taking up the complaints. The state said Ballard was seeking to influence voters shortly before the election.

In a statement after the ruling, Ballard said he was exploring other legal options. He criticized the commission’s handling of the matter, saying, “The laws are intended to protect those in power.”

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