February 1999 Meeting Minutes

INDIANA ELECTION COMMISSION
EXECUTIVE SESSION MINUTES


FEBRUARY 17, 1999

MEMBERS PRESENT: Dudley Cruea, Chairman of the Indiana Election Commission ("the Commission"); S. Anthony Long, Vice-Chairman of the Commission; Jason Bell, proxy for Butch Morgan; Shirley Baker, proxy for Joseph M. Perkins, Jr.

MEMBERS ABSENT: Butch Morgan, Member; Joseph M. Perkins, Jr.

OTHERS ATTENDING: Laurie P. Christie, Co-Director, Election Division of the Office of the Secretary of State of Indiana ("Election Division"); Spencer Valentine, Co-Director of the Election Division; J. Bradley King, Co-General Counsel to the Commission, IEC; Kristi Robertson, Co-General Counsel to the Commission; Ms. Janice E. Kreuscher, Office of the Attorney General; Ms. Tracy Mackey, Office of the Attorney General; and Mr. Greg Ullrich, Office of the Attorney General.

CERTIFICATION

INDIANA ELECTION COMMISSION

MINUTES

FEBRUARY 17, 1999

MEMBERS PRESENT: Dudley Cruea, Chairman of the Indiana Election Commission [IEC]; S. Anthony Long, Vice-Chairman; Jason Bell, proxy for Butch Morgan; Shirley Baker, proxy for Joseph M. Perkins, Jr.

MEMBERS ABSENT: Butch Morgan; Joseph M. Perkins, Jr.

STAFF ATTENDING: Laurie P. Christie, Co-Director, Election Division, Office of the Indiana Secretary of State ("Election Division"); Spencer Valentine, Co-Director, Election Division; J. Bradley King, Co-General Counsel, IEC and Election Division; Kristi Robertson, Co-General Counsel, IEC and Election Division; Pam Potesta, Co-Director, Campaign Finance, Election Division; Michelle Thompson, Co-Director, Campaign Finance, Election Division; Bruce Northern, NVRA and Precincts Coordinator.

ALSO ATTENDING: Mrs. S. Anthony Long; Ms. Tracy Mackey, Office of the Attorney General.

1. CALL TO ORDER:

The chair called the February 17, 1999 meeting of the Indiana Election Commission to order at 3:25 p.m. in the Election Division Conference Room, Indiana Government Center South Room E-204, 302 West Washington Street, Indianapolis, Indiana. He noted that proper notice of the meeting had been given, as required by state law, and that a quorum of Commission members was present.

A copy of the meeting notice and agenda is incorporated by reference in these minutes. [Copies of all documents incorporated by reference are available for public inspection and copying at the Election Division office.]

2. WELCOME AND INTRODUCTION OF PROXY MEMBERS:

The chair noted that a document had been filed with the Election Division on February 17 by Mr. Morgan designating Mr. Jason Bell as his proxy for this meeting. The chair noted that a document had been filed with the Election Division on February 17 by Mr. Perkins designating Ms. Shirley Baker as his proxy for this meeting. A copy of each proxy is incorporated by reference in these minutes. The chair welcomed Mr. Bell and Ms. Baker and thanked them for their participation.

Indiana Election Commission Minutes

February 17, 1999

3. APPROVAL OF JANUARY 21, 1999 REGULAR MEETING MINUTES AND FEBRUARY 17, 1999 EXECUTIVE SESSION MINUTES AND CERTIFICATION:

The chair noted that Commission members had received a copy of the January 21, 1999 minutes, and that minutes for the February 17, 1999 executive session had been prepared along with the certification required by the Open Door Law.

After Commission members reviewed these documents, Mr. Cruea moved, seconded by Mr. Long, that the January 21, 1999 Commission regular meeting minutes and the February 17, 1999 Commission executive session minutes be approved as presented. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Ms. Baker, Mr. Bell, Mr. Cruea, and Mr. Long), and no member voting "nay", the motion was adopted. Commission members then executed the certification for the Commission's executive session.

4. LITIGATION REPORT:

The chair recognized Mr. King, who noted that the Commission had been advised by the office of the Attorney General of a proposed settlement in this case. He stated that the Governor's office, acting under the authority of Indiana Code 34-13-4, had approved the payment of Thirty Thousand Dollars ($30,000) to the plaintiffs in return for the dismissal of this case. Mr. King added that the Governor's approval was subject to the Indiana Election Commission authorizing the payment of these funds, and that no payment was required to be made until after the 1999 session of the General Assembly enacted legislation concerning the qualifications and jurisdiction of the Marion County township small claims court judges.

Commission members noted that if such legislation was not enacted, the proposed settlement would permit the plaintiffs and their attorneys to begin a new proceeding concerning this issue. Mr. King remarked that House Bill 1440, which contained the legislation required under the settlement, had been passed by the Indiana House on February 16, 1999, by a vote of 89 to 6, and that no action had yet been taken regarding similar legislation in the Indiana Senate.

After full consideration of this matter, Mr. Long moved, seconded by Mr. Cruea, that the Commission approve the disbursement of Thirty Thousand Dollars ($30,000) by the Governor's office under Indiana Code 34-13-4, as part of the proposed settlement of this litigation. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Ms. Baker, Mr. Bell, Mr. Cruea, and Mr. Long), and no member voting "nay", the motion was adopted.

Indiana Election Commission Minutes

February 17, 1999

Ms. Robertson reported that there is no additional information concerning this case, which is currently pending before the Seventh Circuit Court of Appeals. She noted that the Seventh Circuit has certified the question of how Indiana law defines "political action committee" to the Indiana Supreme Court.

Mr. King stated that Commission members had received a copy of a Motion for Change of Venue from Judge in this cause (40C01-9811-MI-401), a recount proceeding conducted in Jennings Circuit Court, in which the "State of Indiana Election Board" was named as a defendant. A copy of this document is incorporated by reference in these minutes. Mr. King reported that he had been advised by the Jennings Circuit Court Clerk's office that an appeal was being prepared by one of the parties in this case, and that the Election Commission was still listed as a defendant on the record prepared for the appeal. Mr. King said that he had contacted the Attorney General's office to determine if they had received service in this case, and if a motion to dismiss the Commission as a defendant could be filed.

The chair recognized Ms. Mackey, who stated that the Attorney General's office would be researching the status of this case further, and would provide Mr. King with any additional information.

Ms. Robertson noted that the U. S. District Court had not yet ruled on the Attorney General's Motion to Dismiss in this case, which concerns Indiana's campaign finance disclaimer statute. She remarked that this Motion sought to remove the Election Commissioners from this case in their individual capacities, although the Commissioners would remain defendants in their official capacities.

Mr. Long stated that he was represented by independent counsel in this case, due to his status as a plaintiff in unrelated litigation in which the Attorney General was representing the defendants. He expressed his objection to Commissioners being named as defendants in this matter in their individual capacity. He noted that the credit and reputation of individuals can be harmed as a result, regardless of the merits of any litigation more properly brought against an individual in his official capacity. Mr. Long remarked that in his own community, individuals holding public office had been damaged due to frivolous suits brought against them in their individual capacities.

Indiana Election Commission Minutes

February 17, 1999

Mr. King noted that this litigation had been brought in federal district court in Oklahoma against state election officials in all fifty states due to their refusal to place Mr. Springer on the ballot as a presidential candidate. He said that Mr. Springer had requested to be placed on the Indiana presidential primary and general election ballots without the submission of the nominating petitions required under Indiana law. Mr. King reported that he had been advised that the Attorney General's office would be filing a motion to dismiss in this case.

5. CAMPAIGN FINANCE ENFORCEMENT:

The chair recognized Ms. Christie and Mr. Valentine, who introduced Pam Potesta to Commission members. Mr. Valentine stated that Ms. Potesta had begun work about a week ago as a member of the Campaign Finance staff. Commission members welcomed Ms. Potesta.

The chair recognized Mr. King, who noted that Commission members had been provided with a copy of proposed Orders 1999-04 through 1999-23, inclusive. Copies of these orders are incorporated by reference in these minutes. Mr. King stated that the orders, as drafted, reflected the enforcement actions taken by the Commission at its January 21, 1999 meeting.

After reviewing each of the Orders, Mr. Cruea moved, seconded by Mr. Long, that Orders 1999-04 through 1999-23, inclusive, be approved as submitted. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Ms. Baker, Mr. Bell, Mr. Cruea, and Mr. Long), and no member voting "nay", the motion was adopted.

6. LEGISLATIVE REPORT:

The chair recognized Mr. King, who noted that Commission members had received a copy of a document titled "Indiana Legislation in the 1999 session", a summary prepared by Mr. Jon Becker, a law student assisting the office of the Secretary of State during the spring semester. A copy of this document is incorporated by reference in these minutes. Commission members reviewed and discussed various legislative proposals listed in this document.

Indiana Election Commission Minutes

February 17, 1999

7. VOTING SYSTEMS:

The chair recognized Mr. King, who stated that he had advised MicroVote Corporation that the Commission would not be able to schedule MicroVote's demonstration of its MEMS software voting system upgrade for this meeting. He reported that MicroVote indicated that this would not be a problem, since their county customers were not expecting the software upgrade to be installed before the May 1999 primary. Commission members directed staff to invite MicroVote to demonstrate the upgraded software to the Commission staff, so that the Commission could receive a staff recommendation regarding this matter for action at a future meeting.

8. NEXT MEETING DATE:

The chair recognized Ms. Christie, who stated that approximately sixty-five committees would be subject to campaign finance enforcement at the next Commission meeting. After Commission discussion, the Commission set Thursday, March 25, 1999, at 9:30 a.m. as the date and time for the next Commission meeting.

9. ADJOURNMENT:

There being no further business to come before the Commission, Ms. Baker moved, seconded by Mr. Bell, that the Commission do now adjourn. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Ms. Baker, Mr. Bell, Mr. Cruea, and Mr. Long), and no member voting "nay", the motion was adopted. The Commission then adjourned at 3:43 p.m.

Respectfully submitted,

_________________________ _________________________

Laurie P. Christie, Spencer Valentine,

Co-Director Co-Director

APPROVED,

_________________________

Dudley R. Cruea, Chair