November 1999 Meeting Minutes

Indiana Election Commission

MEMBERS PRESENT: Dudley Cruea, Chairman of the Indiana Election Commission [IEC]; S. Anthony Long, Butch Morgan, Joseph M. Perkins, Jr.

MEMBERS ABSENT: None

STAFF ATTENDING: Candy Marendt, 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, Election Division.

ALSO ATTENDING: David Allman of CFPAC; Wilson Allen of DUV Committee; Peter S. Beering; Jack Black of ES&S; Ron Breymier; Jeb A. Conrad; Sandra Donovan of Grassroots Action Committee; Barbara Lawrence; Joseph E. Loftus of Barnes and Thornburg; Rita Long; Gary Neal; Sherri L. Quarles of Indiana Merit PAC; Randy Schmidt; Pat Whalen of ES&S.

1. CALL TO ORDER

The chair called the November 10, 1999 meeting of the Indiana Election Commission to order in State House Room 233, Indiana State Capitol Building, 200 West Washington Street, Indianapolis, Indiana. He noted that proper notice of the meeting had been given, as required by state law, and that all Commission members were present.

Copies of the meeting notice and agenda are 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. APPROVAL OF SEPTEMBER 30, 1999 MINUTES

The chair noted that each Commission member had previously received a draft of the proposed Commission minutes for the September 30, 1999 meeting. There being no corrections, Mr. Perkins moved that the September 30, 1999 minutes be approved as submitted. Mr. Morgan seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

The chair recognized Todd Rokita of the Indiana Secretary of State's Office. Mr. Rokita, representing Secretary of State Sue Anne Gilroy and the Indiana State Recount Commission recognized Mr. King's dedication to and work with the Secretary of State's Office, the Election Commission, the Election Division and the State Recount Commission. Mr. Rokita, on behalf of Secretary Gilroy presented to Mr. King an Honorary Secretary of State. The chair stated that Mr. King was leaving the Election Division to take the position as the Election Director for the State of Minnesota and also recognized Mr. King's work with the Commission and Election Division.

3. VOTING SYSTEMS

The chair stated that the Commission would take the voting systems item on the agenda before the campaign finance enforcement item.

The chair recognized Mr. King who stated that the voting systems vendors, Governmental Business Systems ("GBS") and Fidlar & Chambers ("Fidlar") had pending voting system applications before the Commission. He stated that the GBS application was for the ACCU-TOUCH DRE voting system and Fidlar's application was for the EV 2000 voting system. Mr. King also noted that these applications were presented to the Commission at the last meeting. He indicated that, as part of the Commission's certification process, the vendors has submitted the "Indiana Election Commission Voting Equipment Certification Supplemental System Requirements" documentation to the Election Commission. Copies of these documents are incorporated by reference in these minutes.

A. GBS ACCU-TOUCH DRE voting system certification

The chair recognized Mr. Corey from GBS who stated that he was submitting a certification from Larry Mandel, President of GBS, stating that the application and supplemental documentation on the ACCU-TOUCH voting system are true and accurate. This document is incorporated by reference into these minutes.

The chair called for questions from the Commission, there being none, he recognized Mr. King who stated that the certification submitted by GBS was in the proper form.

B. Fidlar & Chambers Co. EV 2000 voting system

The chair recognized Mr. Van Camp from Fidlar & Chambers who indicated that they were submitting the application and supplemental information required for certification of the EV 2000 voting system. These documents are incorporated by reference into these minutes. He noted that the software had been tested and approved by the proper Independent Testing Authorities, the documentation of which Fidlar had submitted along with their original application of February 23, 1999. Mr. Van Camp also noted that this system had been approved in Kansas.

C. ES&S Model 550 optical scan ballot card tabulator
D. ES&S Model 100 precinct tabulator for optical scan ballots
E. ES&S PBC 2100 precinct tabulator for optical scan ballots
F. ES&S Votronic DRE

The chair recognized Mr. King who distributed a copy of a submission received from the voting system vendor Election Systems & Software ("ES&S"). He indicated that this document was a status report concerning the voting system applications pending before the Commission on the Model 550, Model 100, PBC 2100 and Votronic DRE voting systems. This document is incorporated by reference into these minutes.

The chair recognized Mr. Whalen from ES&S who indicated that the PBC 2100 voting system had been approved by the Independent Testing Authorities. He also indicated that the supplemental voting system information required by the Commission would be submitted before the next Commission's meeting. Mr. Whalen also indicated that the documentation required for the other voting systems pending before the Commission was proceeding as planned.

The chair recognized Mr. King who presented Jack Black of ES&S with a bottle of "Jack Black Cola."

4. CAMPAIGN FINANCE ENFORCEMENT

Introductory Remarks

The chair directed Mr. King to administer the oath to all individuals who wished to testify in any cause to be heard before the Commission on this date. After the administration of the oath, the chair asked that all individuals testifying limit their remarks to three minutes. The chair stated that the Commission would consider first all cases in which an individual was present to offer testimony.

The chair recognized Ms. Thompson, who referred Commission members to a nine page document dated November 10, 1999, and entitled "Late Committee Filings before the Indiana Election Commission." The Commission consented to the introduction of this document as evidence in each of the causes to be heard before the Commission on this date. A copy of this document is incorporated by reference in these minutes.

Cause 99-4409-112 Greater Indianapolis Democratic Committee

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Two Hundred and Two Dollars and Ninety Eight Cents ($202.98), being Two Hundred Dollars ($200.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 19, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had not previously been brought before the Commission for a campaign finance enforcement cause.

Ms. Thompson noted that the Commission had received a letter from the committee, a copy of which is incorporated by reference in these minutes.

The chair recognized Barbara Lawrence, who stated that she was present on behalf of the committee. She stated that the pre-election report was inadvertently filed with the Marion County Election Board rather than the Election Division. She submitted a copy of the file-stamped report filed with Marion County. A copy of this document is incorporated by reference in these minutes.

Mr. Long stated that he viewed this case as similar to those in which a committee sent a report by certified mail where the Commission has dismissed the cause.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

The chair moved, seconded by Mr. Long, that this cause be dismissed. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Causes 99-3983-104 Clean Water Political Action Committee

The chair recognized Ms. Thompson, who stated that the proposed civil penalty for Cause 99-3983-104 was One Hundred and Fifty Two Dollars and Ninety Eight Cents ($152.98), being One Hundred and Fifty Two Dollars ($152.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 18, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had not previously been brought before the Commission for a campaign finance enforcement cause.

Ms. Thompson also stated that the proposed civil penalty for Cause 99-4217-108 was One Hundred and Fifty Two Dollars and Ninety Eight Cents ($152.98), being One Hundred and Fifty Two Dollars ($152.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 18, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had not previously been brought before the Commission for a campaign finance enforcement cause.

Ms. Thompson noted that the Commission had received a letter from the committees, a copy of which is incorporated by reference in these minutes.

The chair recognized Mr. Jeb Conrad, who stated that he was the treasurer of the committee. He stated that the Clean Water PAC intended to disband soon, and that this PAC intends to transfer its funds to the Leadership Fund PAC. Mr. Conrad indicated that he was out of town when this report was due and was not able to sign the reports as treasurer by the filing deadline. He also indicated that the committees did file the reports on the following Monday, the first business day available to file with the Election Division after the filing deadline.

Mr. Morgan asked Mr. Conrad how long the committees had been in existence. Mr. Conrad indicated that the Clean Water PAC had been in existence for about five years and the Leadership Fund PAC had been organized about one year. Mr. Conrad also indicated that the Clean Water PAC had not received any contributions or made any expenditures in the last year.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Long moved, seconded by Mr. Cruea, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs in this cause would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Thirty Seven Dollars and Fifty Cents ($37.50), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division to Cause 99-3983-104 and a civil penalty of Thirty Seven Dollars and Fifty Cents ($37.50), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division to Cause 99-4217-108.

There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-2082-96 Indiana Fourth Congressional District Democratic Committee

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was One Hundred and Fifty Two Dollars and Ninety Eight Cents ($152.98), being One Hundred and Fifty Two Dollars ($152.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 18, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had previously appeared before the Commission concerning a delinquent campaign finance report.

The chair recognized Mr. Randy Schmidt, who stated that he was the treasurer of the committee. He stated that he had mailed the report on the morning of October 13, 1999 by certified mail and submitted the receipt to the Commission. A copy of this document is incorporated by reference in these minutes.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Long moved, seconded by Mr. Morgan, that this cause be dismissed. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-3449-98 Columbus Professional Firefighters Political Action Committee

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Two Hundred and Two Dollars and Ninety Eight Cents ($202.98), being Two Hundred and Two Dollars ($202.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 19, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had not previously been brought before the Commission for a campaign finance enforcement cause.

The chair recognized Mr. Dave Allman, who stated that he had mailed the report on October 13, 1999 and it was postmarked on October 14, 1999. A copy of this document is incorporated by reference in these minutes.

Mr. Morgan asked Mr. Allman how long the PAC had been in existence. Mr. Allman indicated that it had been organized for about eight or nine years.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Morgan moved, seconded by Mr. Cruea, that this cause be dismissed. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4455-115 Grassroots Action Committee

The chair recognized Mr. King who stated that he currently served on the Executive Board of this committee and disqualified himself from any discussion about this cause.

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Two Hundred and Two Dollars and Ninety Eight Cents ($202.98), being Two Hundred and Two Dollars ($202.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 19, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had not previously been brought before the Commission for a campaign finance enforcement cause.

The chair recognized Ms. Sandra Donovan, treasurer of this committee, who stated that the committee was new and had taken in no money.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Cruea moved, seconded by Mr. Long, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs in this cause would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Fifty Dollars ($50.00), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-1194-90 Indiana Merit Construction PAC of ABC

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Five Hundred and Fifty Two Dollars and Ninety Eight Cents ($552.98), being Five Hundred and Fifty Dollars ($550.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 26, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had appeared previously before the Commission for filing a delinquent 1996 pre-primary campaign finance report and the 1998 annual campaign finance report.

The chair recognized Ms. Sherry Quarles who indicated that the committee had had some internal problems and thought the report had been filed by the reporting deadline. She apologized for the late report and indicated that the filing deadlines were now on several calendars.

Mr. Morgan asked how long the PAC had been in existence. Ms. Thompson, referring to the Election Division's file on the committee, stated that the committee was organized in 1994.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Long moved, seconded by Mr. Perkins, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs in this cause would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Two Hundred Twenty Five Dollars ($225.00), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4044-106 Huntington National Bank of Indiana PAC

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was One Hundred and Fifty Two Dollars and Ninety Eight Cents ($152.98), being One Hundred and Fifty Dollars ($150.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 18, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had not previously been before the Commission concerning a delinquent campaign finance report.

The chair recognized Mr. Gary Neal, treasurer of the committee, who indicated that he mailed the report on October 14, 1999 and submitted the documentation. This document is incorporated by reference into these minutes.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Long moved, seconded by Mr. Cruea, that this cause be dismissed. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4447-114 Southern Energy Political Action Committee, Inc.

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was One Thousand and Two Dollars and Ninety Eight Cents ($1,002.98), being One Thousand Dollars ($1,000.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on November 10, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had not previously appeared before the Commission concerning a delinquent campaign finance report.

The chair recognized Mr. Joe Loftus, an attorney at Barnes & Thornburg, representing the committee, who indicated that the committee, headquartered in Atlanta, George, had made only one contribution in 1999 to the Hammond, Indiana mayor's race. The committee had filed a statement of organization with the Election Division, but not with Lake County. He indicated that the committee, after consulting the Election Division's website, had filed with Lake County. He also indicated that the report was filed late with the county on October 21, 1999.

Mr. Long asked Ms. Robertson about the filing requirements for an out-of-state political action committee. Ms. Robertson indicated that a political action committee only has to file a statement of organization with the Election Division if the committee intends to make contributions to state level candidates. She stated that, if a political action committee intends to contribute exclusively at the local level, the committee only has to file with the county election board, not with the Election Division. If the committee intends to contribute to candidates at the state and local level, the committee would file a statement of organization in both places. Ms. Robertson also indicated that, since the committee had filed a statement of organization with the Election Division, the committee was required to file the pre-election report with the Division or to close the committee at the state level.

Mr. Loftus indicated that the committee would state open with the Election Division.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Morgan moved, seconded by Mr. Perkins, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs in this cause would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Seventy Five Dollars ($75.00), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-3926-102 Democrats United For Victory

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Two Hundred and Fifty Two Dollars and Ninety Eight Cents ($252.98), being Two Hundred and Fifty Dollars ($250.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 20, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had previously appeared twice before the Commission concerning delinquent campaign finance reports.

The chair recognized Mr. Wilson Allen, treasurer of the committee, who indicated that he had thought the report was due at a later date. He also stated that the committee had had no activity for the past three years but that the committee would stay open.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Cruea moved, seconded by Mr. Long, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs in this cause would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of One Hundred and Eighty Seven Dollars and Fifty Cents ($187.50), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-71-84 Indiana MH/RV Political Action Committee

The chair recognized Ms. Potesta, who stated that the proposed civil penalty in this matter was One Hundred and Fifty Two Dollars and Ninety Eight Cents ($152.98), being One Fifty Dollars ($150.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 18, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had not previously appeared before the Commission concerning a delinquent campaign finance report. Ms. Potesta also indicated the committee had submitted a letter. This document is incorporated by reference into these minutes.

The chair recognized Mr. Ron Breymier, lobbyist for the committee, who indicated that the report was mailed from Indianapolis on October, 11, 1999.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Long moved, seconded by Mr. Cruea, that the cause be dismissed. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-349-85 Indiana Credit Union PAC

The chair recognized Ms. Potesta, who stated that the proposed civil penalty in this matter was Fifty Two Dollars and Ninety Eight Cents ($52.98), being Fifty Dollars ($50.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 15, 1999 ,after 12:00 p.m.), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had previously appeared once before the Commission concerning a delinquent campaign finance report. Ms. Potesta also indicated the committee had submitted a letter. This document is incorporated by reference into these minutes.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Long moved, seconded by Mr. Morgan, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs in this cause would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Twenty Five Dollars ($25.00), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

99-362-86 Public Employees Organized to Promote Legislation

The chair recognized Ms. Potesta, who stated that the proposed civil penalty in this matter was One Hundred and Fifty Two Dollars and Ninety Eight Cents ($152.98), being One Hundred and Fifty Dollars ($150.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 18, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had previously appeared once before the Commission concerning a delinquent campaign finance report. Ms. Potesta also indicated the committee had submitted a letter. This document is incorporated by reference into these minutes.

The chair, referring to the letter and the Election Division's campaign finance file, stated that the certified mail receipt indicated that the committee mailed the report on October 15, 1999.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Long moved, seconded by Mr. Cruea, that the cause be dismissed. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

The chair recognized Ms. Robertson who indicated that Indiana law had changed and reports postmarked by the filing deadline were now considered delinquent if they were not received in the office of the Election Division or county election board by the noon campaign finance filing deadline. She noted that this change had recently gone into effect in June, 1999. Mr. Long suggested that the Commission remain with their current policy of dismissing causes if the report was postmarked by the deadline and change that policy beginning with the annual report filed in January 2000. Mr. Cruea, Mr. Morgan and Mr. Perkins agreed.

Cause 99-1235-91 I.E.B.E.W. Local Union 369 Political Action Committee

The chair recognized Ms. Potesta, who stated that the proposed civil penalty in this matter was One Hundred and Fifty Two Dollars and Ninety Eight Cents ($152.98), being One Hundred and Fifty Dollars ($150.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 18, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had not previously appeared before the Commission concerning a delinquent campaign finance report. Ms. Potesta also indicated the committee had submitted a letter. This document is incorporated by reference into these minutes.

The chair, referring to the letter and the Election Division's campaign finance file, stated that the certified mail receipt indicated that the committee mailed the report on October 15, 1999.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Long moved, seconded by Mr. Cruea, that the cause be dismissed. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-1817-93 International Union of Operating Engineers Local 150 PAC

The chair recognized Ms. Potesta, who stated that the proposed civil penalty in this matter was One Hundred and Fifty Two Dollars and Ninety Eight Cents ($152.98), being One Hundred and Fifty Dollars ($150.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 18, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had not previously appeared before the Commission concerning a delinquent campaign finance report. Ms. Potesta also indicated the committee had submitted a letter. This document is incorporated by reference into these minutes.

The chair, referring to the letter and the Election Division's campaign finance file, stated that the express mail receipt indicated that the committee mailed the report on October 15, 1999.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Long moved, seconded by Mr. Perkins, that the cause be dismissed. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

99-1852-95 Laborers Local 795 Political Action Committee

The chair recognized Ms. Potesta, who stated that the proposed civil penalty in this matter was One Hundred and Fifty Two Dollars and Ninety Eight Cents ($152.98), being One Hundred and Fifty Dollars ($150.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 18, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had not previously appeared before the Commission concerning a delinquent campaign finance report. Ms. Potesta also indicated the committee had submitted a letter. This document is incorporated by reference into these minutes.

The chair, referring to the letter and the Election Division's campaign finance file, stated that the postmark indicated that the committee mailed the report on October 12, 1999.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Long moved, seconded by Mr. Morgan, that the cause be dismissed. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-3319-97 Seventh District Republican Central Committee

The chair recognized Ms. Potesta, who stated that the proposed civil penalty in this matter was One Hundred and Fifty Two Dollars and Ninety Eight Cents ($152.98), being One Hundred and Fifty Dollars ($150.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 18, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had previously appeared once before the Commission concerning a delinquent campaign finance report. Ms. Potesta also indicated the committee had submitted a letter. This document is incorporated by reference into these minutes.

The chair, referring to the letter and the Election Division's campaign finance file, stated that the postmark indicated that the committee mailed the report on October 13, 1999.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Long moved, seconded by Mr. Morgan, that the cause be dismissed. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-3470-99 Local # 215 D.R.I.V.E. Political Fund

The chair recognized Ms. Potesta, who stated that the proposed civil penalty in this matter was One Hundred and Fifty Two Dollars and Ninety Eight Cents ($152.98), being One Hundred and Fifty Dollars ($150.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 18, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had previously appeared once before the Commission concerning a delinquent campaign finance report. Ms. Potesta also indicated the committee had submitted a letter. This document is incorporated by reference into these minutes.

The chair, referring to the letter and the Election Division's campaign finance file, stated that the certified mail receipt indicated that the committee mailed the report on October 12, 1999.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Cruea moved, seconded by Mr. Long, that the cause be dismissed. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-3702-100 Indiana Gas Political Action Committee

The chair recognized Ms. Potesta, who stated that the proposed civil penalty in this matter was One Hundred and Fifty Two Dollars and Ninety Eight Cents ($152.98), being One Hundred and Fifty Dollars ($150.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 18, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had not previously appeared before the Commission concerning a delinquent campaign finance report. Ms. Potesta also indicated the committee had submitted a letter. This document is incorporated by reference into these minutes.

The chair, referring to the letter and the Election Division's campaign finance file, stated that the postmark indicated that the committee mailed the report on October 13, 1999.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Cruea moved, seconded by Mr. Long, that the cause be dismissed. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4005-105 United Association Local # 172 Political Action Committee

The chair recognized Ms. Potesta, who stated that the proposed civil penalty in this matter was One Hundred and Fifty Two Dollars and Ninety Eight Cents ($152.98), being One Hundred and Fifty Dollars ($150.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 18, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had previously appeared once before the Commission concerning a delinquent campaign finance report. Ms. Potesta also indicated the committee had submitted a letter. This document is incorporated by reference into these minutes.

The chair, referring to the letter and the Election Division's campaign finance file, stated that the postmark indicated that the committee mailed the report on October 11, 1999.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Cruea moved, seconded by Mr. Long, that the cause be dismissed. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4096-107 Mutual Insurance Companies Association of Indiana PAC

The chair recognized Ms. Potesta, who stated that the proposed civil penalty in this matter was One Hundred and Fifty Two Dollars and Ninety Eight Cents ($152.98), being One Hundred and Fifty Dollars ($150.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 18, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had previously appeared once before the Commission concerning a delinquent campaign finance report. Ms. Potesta also indicated the committee had submitted a letter. This document is incorporated by reference into these minutes.

The chair, referring to the letter and the Election Division's campaign finance file, stated that the certified mail receipt indicated that the committee mailed the report on October 12, 1999.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Long moved, seconded by Mr. Morgan, that the cause be dismissed. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4315-109 Partners for Growth and Jobs

The chair recognized Ms. Potesta, who stated that the proposed civil penalty in this matter was One Hundred and Fifty Two Dollars and Ninety Eight Cents ($152.98), being One Hundred and Fifty Dollars ($150.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 18, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had not previously appeared before the Commission concerning a delinquent campaign finance report. Ms. Potesta also indicated the committee had submitted a letter. This document is incorporated by reference into these minutes.

The chair, referring to the letter and the Election Division's campaign finance file, stated that the certified mail receipt indicated that the committee mailed the report on October 12, 1999.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Cruea moved, seconded by Mr. Perkins, that the cause be dismissed. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4359-110 Valparaiso Firefighters PAC

The chair recognized Ms. Potesta, who stated that the proposed civil penalty in this matter was One Hundred and Fifty Two Dollars and Ninety Eight Cents ($152.98), being One Hundred and Fifty Dollars ($150.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 18, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had not previously appeared before the Commission concerning a delinquent campaign finance report. Ms. Potesta also indicated the committee had submitted a letter. This document is incorporated by reference into these minutes.

The chair, referring to the letter and the Election Division's campaign finance file, stated that the postmark indicated that the committee mailed the report on October 15, 1999.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Cruea moved, seconded by Mr. Perkins, that the cause be dismissed. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4429-113 KeyCorp Political Action Committee

The chair recognized Ms. Potesta, who stated that the proposed civil penalty in this matter was Two Hundred and Two Dollars and Ninety Eight Cents ($202.98), being Two Hundred Dollars ($200.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 19, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had not previously appeared before the Commission concerning a delinquent campaign finance report. Ms. Potesta also indicated the committee had submitted a letter. This document is incorporated by reference into these minutes.

The chair, referring to the letter and the Election Division's campaign finance file, stated that the committee mailed the report by express mail.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Cruea moved, seconded by Mr. Morgan, that the cause be dismissed. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-395-87 United Mine Workers of American Coal Miners PAC

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was One Hundred and Fifty Two Dollars and Ninety Eight Cents ($152.98), being One Hundred and Fifty Dollars ($150.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 18, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had previously appeared twice before the Commission concerning a delinquent campaign finance report.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Cruea moved, seconded by Mr. Morgan, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs in this cause would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of One Hundred and Twelve Dollars and Fifty Cents ($112.50), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-757-88 Indiana Petroleum Marketers & Convenience Store PAC

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Fifty Two Dollars and Ninety Eight Cents ($52.98), being Fifty Dollars ($50.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 15, 1999 at 3:26 p.m.), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had previously appeared twice before the Commission concerning a delinquent campaign finance report.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Cruea moved, seconded by Mr. Morgan, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs in this cause would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Thirty Seven Dollars and Fifty Cents ($37.50), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-801-89 Kroger of Indiana PAC

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Fifty Two Dollars and Ninety Eight Cents ($52.98), being Fifty Dollars ($50.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 15, 1999 at 12:15 p.m.), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had previously appeared once before the Commission concerning a delinquent campaign finance report.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Long moved, seconded by Mr. Cruea, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs in this cause would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Twenty Five Dollars ($25.00), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-1538-92 International Brotherhood of Painters and Allied Trades

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Two Hundred and Two Dollars and Ninety Eight Cents ($202.98), being Two Hundred Dollars ($200.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 19, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had previously appeared three times before the Commission concerning a delinquent campaign finance report.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Long moved, seconded by Mr. Cruea, that the Commission assess a civil penalty of Two Hundred Dollars ($200.00), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-1830-94 Hammond Firefighters PAC

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was One Hundred and Fifty Two Dollars and Ninety Eight Cents ($152.98), being One Hundred and Fifty Dollars ($150.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 18, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had not previously appeared before the Commission concerning a delinquent campaign finance report.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Cruea, moved, seconded by Mr. Perkins, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs in this cause would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Thirty Seven Dollars and Fifty Cents ($37.50), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

99-3922-101 Indiana Propane Education PAC

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Fifty Two Dollars and Ninety Eight Cents ($52.98), being Fifty Dollars ($50.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on October 15, 1999, after 12:00p.m.), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had previously appeared three times before the Commission concerning a delinquent campaign finance report.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Cruea moved, seconded by Mr. Perkins, that the Commission assess a civil penalty of Fifty Dollars ($50.00), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-3947-103 Dearborn County Conservative Forum

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Nine Hundred and Fifty Two Dollars and Ninety Eight Cents ($952.98), being Nine Hundred and Fifty Dollars ($950.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which was filed with the Election Division on November 3, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had not previously appeared before the Commission concerning a delinquent campaign finance report.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Long, moved, seconded by Mr. Cruea, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs in this cause would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Four Hundred and Seventy Five Dollars ($475.00), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4370-111 Campaign for Hoosier Families

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was One Thousand Two Dollars and Ninety Eight Cents ($1,002.98), being One Thousand Dollars ($1,000.00) for a delinquent 1999 pre-election report (due by noon October 15, 1999, and which has not been filed with the Election Division), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. She added that this committee had previously appeared three times before the Commission concerning a delinquent campaign finance report.

There being no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent.

Mr. Cruea moved, seconded by Mr. Perkins, that the Commission assess a civil penalty of One Thousand Dollars ($1,000.00), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Morgan and Mr. Perkins), and no member voting "nay", the motion was adopted.

B. Order 1999-87: Policy for receipt of reports by facsimile transmission

The chair recognized Mr. King who stated that the Election Division had not yet prepared Order 1999-87. Mr. King noted that Indiana Code 3-9-5-7(b), recently enacted into law, requires the Election Division and county election boards to establish a policy regarding receipt of campaign finance reports by facsimile transmission. Mr. King indicated that Order 1999-87 would be prepared for the Commission's review at the next meeting.

The chair recognized Mr. Valentine who indicated that the Election Division was working to encourage electronic filing of campaign finance reports with the Election Division in order to save data entry costs and to encourage better accuracy.

C. Status report: Campaign finance database audits

The chair recognized Ms. Thompson who indicated that the campaign finance database audit functions were working properly.

D. Status report: Administrative dissolution of committees

The chair recognized Ms. Thompson who indicated that the Election Division would review the campaign finance committees after the annual report due in January to determine which committees are eligible for administrative dissolution. Ms. Thompson stated that she would have more information for the Commission on this issue after the first of the year.

5. VOTER REGISTRATION