INDIANA ELECTION COMMISSION MINUTES
MARCH 12, 1997
MEMBERS PRESENT : Jeffery M. Mallamad (Chairman of the Indiana Election Commission [IEC]); Dudley Cruea (Vice-Chairman); Steven Rogers (designated proxy for Butch Morgan); Joseph M. Perkins, Jr.
MEMBERS ABSENT : Butch Morgan
STAFF ATTENDING : Carole M. Casto, Acting Co-Director, Election Division, Office of the Indiana Secretary of State ("Election Division"), Laurie P. Christie, Co-Director, Election Division; J. Bradley King, Co-General Counsel, IEC and Election Division; Kristi Robertson, Co-General Counsel, IEC and Election Division;
- 97-0587-45Friends of David Nicholson
- 97-4034-105Citizens for Steiner
- 97-4066-112Friends of Jill Chambers
CALL TO ORDER AND OPENING REMARKS BY THE CHAIR:
The chair called the March 12, 1997 meeting of the Indiana Election Commission to order at 10:33 a.m. in the Commission's Conference Room, Room E204, Indiana Government Center South, 302 West Washington Street, Indianapolis, Indiana, stating that proper notice of the meeting had been given as required by state law, and noting that a quorum of the Commission (Mr. Cruea, Mr. Mallamad, and Mr. Perkins) was present. The chair welcomed all those in attendance.WELCOME TO MR. ROGERS:
The chair welcomed Mr. Steven Rogers, and remarked that he had been designated as the proxy for Mr. Morgan at today's meeting. He noted that Mr. Morgan had filed a copy of this proxy dated March 7, 1997 with the Commission under Indiana Code 3-6-4.1-8. A copy of this document is incorporated by reference in these minutes. [Copies of all documents incorporated by reference are available for public inspection and copying in the Election Division office.]APPROVAL OF FEBRUARY 25, 1997 MINUTES:
The chair noted that copies of the minutes of the February 25, 1997 Commission meeting had been distributed to members before this meeting. There being no additions or corrections, Mr. Mallamad moved, seconded by Mr. Perkins, that the February 25, 1997 minutes be approved as submitted. The chair called the question, and declared that with four members (Mr. Cruea, Mr. Mallamad, Mr. Perkins, and Mr. Rogers) voting "aye" and no member voting "nay", the motion was adopted.CAMPAIGN FINANCE ENFORCEMENT:
CORRECTION AND SUPPLEMENTATION OF FEBRUARY 25, 1997 RECORD:
97-2000-06 Kruzan for State Representative
The chair stated that Commission members had received a copy of a letter from Representative Kruzan, dated February 24, 1997, that had been inadvertently omitted from the record at the Commission's February 25, 1997 meeting on this cause. A copy of the letter is incorporated by reference in these minutes.After review of this letter, Mr. Mallamad moved, seconded by Mr. Cruea, that the record in this cause be amended to include this letter. The chair called the question, and declared that with four members (Mr. Cruea, Mr. Mallamad, Mr. Perkins, and Mr. Rogers) voting "aye" and no member voting "nay", the motion was adopted.
97-2099-63 Leuck for State Representative
The chair recognized Mr. King, who noted that Representative Leuck had provided a copy of the receipt requested by the Commission at its February 25, 1997 meeting, and distributed copies of the receipt to Commission members. A copy of this receipt, along with a letter from Representative Leuck, dated March 10, 1997, and received by the Commission on that date, is incorporated by reference in these minutes.After review of these documents, Mr. Mallamad moved, seconded by Mr. Perkins, to include the documents in the record of the February 25, 1997 meeting. The chair called the question, and declared that with four members (Mr. Cruea, Mr. Mallamad, Mr. Perkins, and Mr. Rogers) voting "aye" and no member voting "nay", the motion was adopted.
In response to a question from the chair, Mr. King noted that the record in this cause was still open pending the Commission's determination regarding the imposition of a civil penalty against this committee. In Commission discussion, the chair stated that he believed that Representative Leuck had done everything she reasonably could do to comply with the filing deadline. He added that she had submitted her report by overnight mail with the expectation that the document would arrive at the Commission the next day.
In response to a question from the chair, Ms. Casto noted that the receipt showed that this report was mailed overnight on January 13, 1997, and should have arrived on January 14, 1997 and before the noon January 15, 1997 deadline.
Mr. Mallamad moved, seconded by Mr. Rogers, that the recommended civil penalty not be imposed in this cause. The chair called the question, and declared that with three members voting "aye" (Mr. Mallamad, Mr. Perkins, and Mr. Rogers) and one member (Mr. Cruea) voting "nay", the motion was adopted.
96-4015-23 Wayne Long for State Representative
The chair recognized Mr. King, who noted that Commission members had received a draft of Order 1997-06, which would correct a typographical error in an order concerning this committee (Order 1996-12) that the Commission signed at its February 25, 1997 meeting. A copy of Order 1997-06 is incorporated by reference in these minutes.In response to a question from Mr. Perkins, Mr. King stated that Order 1997-06 only corrects a typographical error in a previous order and has no other effect.
Mr. Mallamad moved, seconded by Mr. Perkins, that Order 1997-06 be adopted. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Perkins, and Mr. Rogers) and no member voting "nay", the motion was adopted.
ADOPTION OF CONTINUANCE ORDERS FROM FEBRUARY 25, 1997:
The chair noted that the Commission had voted at its February 25, 1997 meeting to continue the following three causes:The chair noted that Commission members had received drafts of Orders 1997-07, 1997-08, and 1997-09, which granted continuances in these causes. Copies of these orders are incorporated by reference in these minutes.
Mr. Mallamad moved, seconded by Mr. Perkins, that Orders 1997-07, 1997-08, and 1997-09 be adopted. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Perkins, and Mr. Rogers) and no member voting "nay", the motion was adopted.
CAMPAIGN FINANCE ENFORCEMENT ACTIONS: OCTOBER 1996 AND JANUARY 1997 FILINGS:
The chair noted that Commission members had received drafts of Orders 1997-10 through 1997-37, inclusive, which concerned causes considered at the February 25, 1997 Commission meeting. Copies of these orders are incorporated by reference in these minutes.In response to a question from the chair, Mr. King stated that the Orders as submitted reflected the Commission's prior official actions, with the exception of one cause. He noted that in Cause 97-0730-47 (Phillips for State Representative), the Commission was unable to take official action due to a two-to-two vote. Mr. King added that Order 1997-33 provides for the dismissal of that cause, along with other causes where the Commission had determined not to impose a fine by a vote of three-to-one, or by unanimous vote. He remarked that paragraphs seven through nine on page three of this Order set forth the votes cast by the Commission in these causes.
In response to a question from Mr. Perkins, Mr. King noted that the Orders were drafted to include individual committees based on whether the cause was being dismissed, and if not, the amount of the civil penalty being imposed on the committee, and whether the committee was delinquent for pre-primary report, its pre-election report, or the annual report. He remarked that these permutations resulted in twenty-seven Orders.
In response to a question from the chair, Mr. King indicated that the Orders reflect the actions of the Commission taken at its February 25, 1997 meeting.
After further Commission review of these Orders, Mr. Mallamad moved, seconded by Mr. Rogers, that Orders 1997-10 through 1997-37 be adopted. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Perkins, and Mr. Rogers) and no member voting "nay", the motion was adopted.
VOTING SYSTEM CERTIFICATION APPLICATIONS:
The chair recognized Mr. King, who stated that he had contacted Governmental Business Systems (GBS) regarding the proposed date of May 12, 1997 for the county customer public hearing on the recertification of the GBS ACCU-TAB VOTING SYSTEM and that GBS had no objection to this date.Mr. Mallamad moved, seconded by Mr. Cruea, that the county customer public hearing on the proposed recertification of the GBS ACCU-TAB VOTING SYSTEM be set for May 12, 1997, at 2 p.m. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Perkins, and Mr. Rogers) and no member voting "nay", the motion was adopted.
REPORT OF CO-DIRECTORS:
The chair recognized Ms. Christie, who stated that the Attorney General's office had advised staff yesterday of a communication involving pending litigation that might require an executive session of the Commission. She stated that she did not suggest that the Commission discuss this matter further at this meeting, and noted that the Commission needed to both preserve the attorney client privilege and comply with the Open Door Law in its deliberations. The chair noted that Commission members should reserve all comments regarding this matter until an executive session to prevent any question concerning waiver of the attorney client privilege. In response to a question from the chair, Mr. King remarked that since the Attorney General's office had requested a response before the end of March. The chair directed staff to poll members following this meeting to plan for an executive session before March 31, 1997.The chair recognized Ms. Casto, who noted that as of April 1, 1997, the 1996 campaign finance summary sheets on line with Access Indiana so that this information will be accessible for home computer users. She added that information regarding all committees that file with the Election Commission will be available so that information concerning the committee's chair or treasurer is available in this fashion. Ms. Casto remarked that she hoped that by December 31, 1997, the Commission will have all of the contributor and expenditure information for those committees available on line. She noted that the data entry for that phase will take considerable time, perhaps a couple of months. Ms. Casto stated that the Commission should be able to meet the December 31, 1997 statutory deadline as well.
Ms. Christie remarked that staff was continuing to monitor legislation, and that at this stage of the legislative process, House bills were pending before the Senate, and Senate bills are before the House. She added that staff would provide the Commission with periodic reports on legislation. In response to a question from the chair, Ms. Christie stated that Co-Directors and staff were all concerned about some aspects of campaign finance legislation that would require the Commission to prescribe and provide campaign finance report computer software and to provide training to all statewide and legislative candidates by July 1, 1997. She added that staff had shared these concerns with the Governor's office and with legislators involved in the consideration of these bills. Ms. Christie stated that it was preferable to prescribe standardized formats for campaign finance filings, rather than "be in the software business", so that vendors and candidates could develop their own software to meet these standards. She added that the Commission had developed similar standards for county voter registration taps that are supplied to the Commission.
In response to a question from Mr. Cruea, Ms. Christie stated that staff had polled circuit court clerks regarding the possibility of holding the statutorily required annual election meeting at the same time as the Circuit Court Clerks annual conference. She indicated that the Circuit Court Clerks' Association had responded that they did not wish to schedule the meetings for the same week, and that as a result, the Commission was looking for a fall 1997 date for the annual election meeting. Ms. Christie stated that staff would be attending both the Northern District Clerk's meeting and the Southern District Clerk's meetings on Tuesday and Thursday of next week.
Ms. Casto noted that Ms. Mary Ann Tippett would be returning to work as Co-Director on Monday, March 17, and that Ms. Casto would be reassuming her campaign finance responsibilities. Ms. Christie added that Ms. Stellamae Carley (the successor to Ms. Bridget Schlebecker) would be starting work on that day as the agency's administrative assistant. Ms. Casto remarked that Ms. Carley had formerly been employed at the Housing Finance Authority.
The chair remarked that the Commission staff had been run very, very smoothly with the current Co-Directors. He added that the Commission had conducted a very long difficult meeting on February 25, and that the orders reflected a tremendous amount of work at that meeting and in the days following the meeting. The chair thanked Ms. Casto for all her efforts.
ADJOURNMENT:
There being no further business to come before the Commission, Mr. Mallamad moved, seconded by Mr. Perkins, that the Commission do now adjourn. The chair called the question and declared the motion adopted unanimously. The Commission then adjourned at 11:07 a.m.Respectfully Submitted,