March 1999 Meeting Minutes

Indiana Election Commission

MINUTES

MARCH 25, 1999

MEMBERS PRESENT: Dudley Cruea, Chairman of the Indiana Election Commission [IEC]; Warren Mathies, proxy for S. Anthony Long, Vice-Chairman; Sherri Miller, proxy for Butch Morgan; Joseph M. Perkins, Jr.

MEMBERS ABSENT: S. Anthony Long, Vice-Chairman; Butch Morgan.

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: The Honorable Mae Dickinson, Indiana State Representative, of Indianapolis; The Honorable Sally Rideout Lambert, former Indiana State Representative, of Chandler; The Honorable Jesse Villalpando, Indiana State Representative, of Griffith.

Mr. Jack Black, of Election Systems & Software (ES&S); Mr. Bill Brown, of Indianapolis; Mr. Lou Bubala, of Indianapolis; Mr. Steve Corey of Governmental Business Systems (GBS); Ms. Sara Cotham, of Indianapolis; Mr. Victor Germann, of Mt. Vernon; Ms. Jody Jones, of Indianapolis; Mr. Paul R. McBride, of Orleans; Mr. Robb McGinnis, of ES&S; Ms. Elizabeth Merchiers, of Indianapolis; Mr. David Miller, of Indianapolis; Ms. Sherri Quarles, of Indianapolis; Mr. David T. Ruhmkorff, of Indianapolis; Mr. Steve Shamo, of MicroVote; Mr. Robbin Stewart, of Indianapolis; Ms. Connie Vickery, of Indianapolis; Mr. Rick Villegas, of Indianapolis; Mr. Pat Whalen, of ES&S.

1. CALL TO ORDER:

The chair called the March 25, 1999 meeting of the Indiana Election Commission to order at 9:39 a.m. in Training Center Room 6, Indiana Government Center South, 402 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. The chair noted that Mr. Long was absent due to illness, and that Mr. Morgan was absent due to a scheduling conflict.

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.]

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2. WELCOME AND INTRODUCTION OF PROXY MEMBERS:

The chair noted that a document had been filed with the Election Division on March 24, 1999 by Mr. Long designating Mr. Warren Mathies as his proxy for this meeting. The chair also noted that a document had been filed with the Election Division on this date by Mr. Morgan designating Ms. Sherri Miller as his proxy for this meeting. A copy of each proxy is incorporated by reference in these minutes. The chair welcomed Mr. Mathies and Ms. Miller and thanked them for their participation.

3. APPROVAL OF FEBRUARY 17, 1999 REGULAR MEETING MINUTES:

The chair noted that each Commission member had previously received a draft of the proposed Commission minutes for the February 17, 1999 regular meeting. There being no corrections, Mr. Perkins moved that the minutes be approved as submitted. Mr. Mathies seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

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 since the General Assembly was scheduled to convene later this morning, the Commission would consider first all cases in which a legislator wished to testify, and then consider all other cases in which an individual was present to offer testimony.

The chair recognized Ms. Thompson, who referred Commission members to a sixteen page document dated March 24, 1999, 3:42:45 p.m., 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.

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A. MOTIONS TO RECONSIDER:

Cause 99-3565-032 Dickinson for State Representative

The chair recognized Ms. Thompson, who stated that this committee had filed a Motion to Reconsider the Commission's imposition of a civil penalty in this matter. She noted that the Commission had imposed a civil penalty of Two Hundred Fifty Two Dollars and Seventy Seven Cents ($252.77), being Two Hundred Fifty Dollars ($250) for a pre-election supplemental large contribution report which had been due on October 30, 1998, and filed with the Election Division on December 28, 1998, and Two Dollars and Seventy Seven Cents ($2.77) 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 stated that the Commission had received a letter dated March 15, 1999 from the Honorable Mae Dickinson, Indiana State Representative, concerning this matter. The Commission consented to accept this letter into the record of this cause. A copy of the letter is incorporated by reference in these minutes.

In response to a question from Mr. Mathies, Ms. Thompson stated that the supplemental large contribution report was required under legislation adopted in 1997, and must be filed by candidates shortly before the general election. The chair noted that the first required filing of this report would have been before the May 1998 primary, and that the report must state whether or not a candidate received any contributions of $1,000 or more since the close of the pre-primary or pre-election reporting period.

The chair asked if any individual was present to testify regarding this matter. The chair recognized Indiana State Representative Mae Dickinson. Representative Dickinson thanked Commission members for the opportunity to address them regarding this matter. She stated that she had depended on her committee treasurer for many years to complete these reports, but that her treasurer had been seriously ill during 1998. Representative Dickinson said that she had provided the CFA-11 form to her treasurer, and thought nothing further about it since her treasurer had been so faithful in the past. Representative Dickinson remarked that her treasurer had resigned earlier this year because of her illness, and had also retired from her full-time job as well. She added that her treasurer had offered to appear before the Commission at its previous session, but that Representative Dickinson had told her not to do so due to her illness. Representative Dickinson stated that she had been unable to appear before the Commission herself since she had to be present at a House of Representatives committee meeting to ensure that her legislation would be heard by the committee. She added that if this had not been the case, she would have appeared before the Commission at its previous meeting. Representative Dickinson said that she was sorry for this delinquent filing. Representative Dickinson stated that her committee had never been late before in filing any report.

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The chair recognized Mr. Mathies, who noted that the letter referenced the serious illness of the committee's treasurer, and stated that since the requirement to file a supplemental large contribution report was a new one, he believed that extenuating circumstances were present in this case.

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

Mr. Mathies moved that the penalty assessed in this case be reduced in accordance with previous Commission actions concerning committees which had not previously filed late reports. The chair stated that this was a Motion to Reconsider since the Commission had already reduced the civil penalty in this cause to 25% of the proposed amount of $1,000 since the committee had no previous late filings. Mr. Mathies stated that he had not been aware of that fact that the Commission had taken this action at its previous meeting. The chair stated that he understood that the committee made this Motion to Reconsider to request that the Commission waive the penalty in its entirety.

Mr. Mathies moved, seconded by Ms. Miller, that the Commission: (1) find that this committee had acted with due diligence to comply with the campaign finance filing requirements; (2) find that the assessment of the proposed civil penalty and documented costs would be unjust under these circumstances for the extenuating circumstances discussed previously; and (3) approve the Motion to Reconsider and dismiss this cause as a result, with the civil penalty and costs not being assessed against the committee.

The chair stated that he could not support this motion since the Commission had denied all Motions to Reconsider in the past, and since the Commission had already acted to reduce the civil penalty in this case.

There being no further discussion, the chair called the question, and declared that with two members voting "aye" (Mr. Mathies and Ms. Miller), and two members voting "nay" (Mr. Cruea and Mr. Perkins), the motion was not adopted.

Mr. Cruea moved, seconded by Mr. Perkins, that: (1) the Commission deny the Motion to Reconsider; and (2) the amount of the civil penalty remain as previously assessed. There being no further discussion, the chair called the question, and declared that with two members voting "aye" (Mr. Cruea and Mr. Perkins), and two members voting "nay" (Mr. Mathies and Ms. Miller), the motion was not adopted.

The chair asked Mr. King and Ms. Robertson to clarify the status of this cause as a result of these motions. Mr. King stated that he and Ms. Robertson concurred that since the Commission had acted at its January 1999 meeting to adopt a motion to impose a civil penalty, and since the

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Commission acted at its February 1999 meeting to adopt and sign the final order in this case, the final order remains in effect, notwithstanding the inability of the Commission to take official action regarding the Motion to Reconsider at this meeting.

Cause 99-3908-006 Indiana Black Legislative Caucus PAC

The chair recognized Ms. Thompson, who stated that this committee had filed a Motion to Reconsider the Commission's imposition of a civil penalty in this matter. She noted that the Commission had imposed a civil penalty of Seven Hundred Two Dollars and Seventy Seven Cents ($702.77), being Seven Hundred Dollars ($700) for a pre-election report which had been due on October 16, 1998, and filed with the Election Division on October 30, 1998, and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had previously been brought before the Commission regarding a delinquent 1995 annual report, a delinquent 1996 pre-primary report, and a delinquent 1996 annual report. Ms. Thompson noted that the Commission had received a letter dated March 15, 1999 from the Honorable Mae Dickinson, Indiana State Representative, concerning this matter. The Commission consented to accept this letter into the record of this cause. A copy of the letter is incorporated by reference in these minutes.

The chair asked if any individual was present to testify regarding this matter. The chair recognized Indiana State Representative Mae Dickinson. Representative Dickinson referred to her letter, in which she noted that she was the treasurer of this committee, but had not received the form to file this report, and was not aware that this political action committee was required to file the report. She added that she was treasurer of the Community Activities Fund, which requires no filing. Representative Dickinson noted that the letter explained that frequently she and Senator Billie Breaux experience mixups with mail delivery since Representative Dickinson's address is 5455 North Arlington, while Senator Breaux's address is 5154 North Arlington. Representative Dickinson stated that she assumed that this was why she did not receive the form required for this filing, and that Senator Breaux may have assumed by mistake that Representative Dickinson had also received a copy of the required form, but that they had not discussed this matter.

Representative Dickinson stated that the report shows that this political action committee currently has an amount in accounts which is less than the proposed civil penalty of $702. She added that this fund was seldom used, with no activity during 1998, and that she had recommended that the committee be closed.

In response to a question from the chair, Representative Dickinson stated that she was not aware that the committee had previously appeared before the Commission concerning three delinquent reports since she was not serving as the committee's treasurer at that time.

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In response to a question from Mr. Mathies, Representative Dickinson stated that this committee was created after her initial election to the House of Representatives. The chair noted that the file indicated that the committee has been in existence since 1995.

The chair stated that the committee's file indicated that the committee had received some donations and made some expenditures during 1998. Representative Dickinson stated that these must have been for small amounts, and that the checks may have been signed by the chairman of the committee since both she and the chairman are authorized to sign checks for the committee. Representative Dickinson extended her apologies to the Commission.

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

Mr. Cruea moved, seconded by Mr. Perkins, that the Commission deny the Motion to Reconsider. There being no further discussion, the chair called the question, and declared that with two members voting "aye" (Mr. Cruea and Mr. Perkins), and two members voting "nay" (Mr. Mathies and Ms. Miller), the motion was not adopted.

Mr. Mathies stated that he had opposed this motion since the committee's current balance is less than the proposed civil penalty, and that since thousands of dollars are not involved, it would be appropriate for the Commission to consider reducing the civil penalty to less than the committee's balance, and that he would be prepared to move to reduce the fine by $41.77.

In response to a question from Mr. Mathies concerning the effect of the last vote taken by the Commission in this cause, Mr. King stated that this situation was similar to the previous cause, in that the Commission at its January 1999 meeting passed a motion to impose the civil penalty in this cause, with a final order being signed at the February meeting. Mr. King added that unless a motion to either reconsider or reduce the civil penalty receives at least three votes, then the previously adopted Commission order would stand.

Mr. Mathies moved, seconded by Ms. Miller, that the Commission reduce the civil penalty imposed in this cause by Forty One Dollars and Seventy Seven Cents ($41.77).

The chair recognized Mr. Perkins, who stated that the issue concerning the amount of funds currently in this committee's account is irrelevant and a "red herring" which should not influence the Commission concerning its determination regarding the civil penalty in any cause. He said that the real issue is whether the filings were completed on time, and whether or not the committee has previously appeared before the Commission regarding a campaign finance filing, and whether the committee has followed the statutes regarding campaign finance filing since the organization of the committee. Mr. Perkins stated that the committee has not followed the statutes

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in this case, and that the amount currently in the committee's account is irrelevant to the Commission's determination.

The chair recognized Representative Dickinson, who stated that when this campaign finance law became effective, it was to address issues concerning huge amounts of campaign funds entering the campaigns just before the election so that a person's opponent could not match these contributions. She said that in these instances no large contributions have been received, even during the regular reporting period.

The chair responded that this committee's cause did not concern the supplemental large contribution report, since only candidate's committees, and not political action committees, are required to file that report. He stated that this cause concerned the PAC's delinquent filing of the October 1998 pre-election report, which covered the April to October 1998 period. Representative Dickinson said that she did not even know that this report was due, and that she had only been subsequently notified that these committee reports were delinquent.

B. HEARINGS CONCERNING CAMPAIGN FINANCE REPORTS:

Cause 99-4386-100 Richard E. Villegas

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) for a delinquent 1998 annual report (due by noon January 20, 1999, and which was filed with the Election Division on February 11, 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, and that the candidate closed this committee at the time of filing this report.

Ms. Thompson noted that the Commission had received the following documents concerning this matter: (1) an Entry of Appearance and Motion to Dismiss, consisting of six unnumbered pages including exhibits, and filed by Mr. Robbin Stewart of Tavel & Stewart, with the Election Division on March 24, 1999; (2) a three page copy of electronic mail sent by Mr. Stewart to Mr. King and Ms. Robertson, dated March 19, 1999; and (3) a one page copy of electronic mail sent by Mr. Stewart to Mr. King and Ms. Robertson, dated March 19, 1999, all concerning this matter. The Commission consented to accept these documents into the record of this cause. A copy of each document is incorporated by reference in these minutes.

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After reviewing these documents, the chair asked if any individual was present to testify regarding this matter. The chair recognized Mr. Robbin Stewart, who stated that he was appearing on behalf of Mr. Villegas in this matter.

Mr. Stewart said that the first order of business for the Commission to consider in this matter was his Motion to Dismiss. He noted that this Motion to Dismiss was also made in regard to the causes to be considered before the Commission today concerning Mr. Germann and Ms. Majors. He offered to provide any additional time that Commission members might need to review this Motion.

Mr. Stewart stated that the statute was substantially rewritten in the 1996 session, effective January 1. He remarked that one of the significant changes to the statute was that the level of the fines was increased by about an order of magnitude, the standards were changed from "may to "shall", and the fines were made for the first time personally liable to the candidates, but a countervailing influence on that was that they also for the first time wrote an exemption. He said that section 3-9 (the Campaign Finance Act) does not kick in until a campaign raises or spends $100. Mr. Stewart stated that each of these three campaigns are for Libertarian Party candidates who are on the ballot but are not out there getting a lot of PAC money, as the Commission just heard in testimony from a legislator about the legislative intent of this statute was to have more sunshine on the high dollar accounts. Mr. Stewart said he heard what the Commission had to say in that respect, and that if we were just weighing equitable factors maybe your point would carry, but the statute was written in such a way that it does not apply to these small campaigns that do not raise or spend any money.

Mr. Stewart stated that the Commission's counsel is advising the Commission not to take the plain meaning of the statute, and that although he usually encouraged the Commission to listen to what the Co-General Counsels have to say, in this case, he needed the Commission members to take a good look at the clear meaning of what the statute says, which is that nothing in IC 3-9 applies until a candidate raise a certain amount of money. Mr. Stewart remarked that the legislature wrote it this way for a purpose; they don't want to be hitting small campaigns with thousands of dollars in fines. He said this makes the job the Commission has to do [more difficult]; in one sense there's an extra step the Commission has to check before the Commission engages in these enforcement actions, namely as to whether or not the threshold requirement has been met. He added that this ends up making the Commission's job easier since a lot of the ones where there are problems are ones that never do really get organized or raise a lot of money. He noted that, for example, in the case of candidate Majors, the Election Commission determined that she was not eligible to be a candidate for the office and determined that her name would not appear on the ballot. He said that after that decision, he did not think that Ms. Majors ever had any clue that she was expected to go on filing reports indefinitely, and that this explains that situation. He stated that he was not really arguing the merits of her case at the moment, but his point was that it makes sense for them to have approached it this way, to have an exemption for

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really small campaigns that are not the kind of a problem that they were trying to address with this statute. Mr. Stewart said that the language of the definition of "candidate" in Indiana Code 3-5 is a clear statement that if you have not raised or spent $100, the Campaign Finance Act is not applicable to you. He said that this was also the legislative intent. He said that he was present and spoke on that issue at some of the public hearings on the bill, and saw the different revisions that the legislature ended up with which contained this $100 limit. He remarked that he kept asking for this exemption to be $500 or $1,000, so that we would have a little more wriggle room, but that $100 is at least something. Mr. Stewart said that this means that Mr. Villegas, who was actually on the ballot, which is good so that we do not have a lot of uncontested campaigns, never really expected to win, and is not out there running a big campaign. He stated that it is very important that we do not discourage that type of activity by potentially thousands of dollars in fines.

Mr. Stewart remarked that he hoped the Commission would go along with what the legislature was trying to do, acknowledge that the rules have changed in this respect, and dismiss each of these three cases. He stated that he wished to bring to the Commission's attention the fact that each of these candidates have filed all of their forms, and that the issue is a matter of timeliness. He said that the forms filed by these candidates show that the candidates never raised or spent $100. He requested that the Commission rule in favor of his Motion to Dismiss, which would make the Commission's job a little simpler from here on in. He added that he would be prepared, if necessary, to proceed with the specifics in Mr. Villegas's case.

The chair recognized Mr. Perkins, who stated that he wished to clarify a point as to whether the Commission was currently hearing solely Mr. Villegas's case, which is the only case called so far, or whether we are currently hearing any other candidate's case. The chair responded that the Commission was only hearing Mr. Villegas' case now.

The chair requested that Mr. King address the Motion to Dismiss. Mr. King stated that he appreciated Mr. Stewart's statement with regard to the issues pending regarding the Motion to Dismiss in this case. He said that, in brief, he and Ms. Robertson disagree with Mr. Stewart's analysis on this point due to a couple of factors.

Mr. King remarked that with regard to legislative intent, it was always dangerous to attempt to try to read 150 legislative minds, and there may be some legislators who found Mr. Stewart's testimony persuasive. He added that he knew from personal experience that the Indiana Senate Elections Committee did not act in accordance with Mr. Stewart's testimony in adding this statutory provision. Mr. King stated that the particular provision in dispute is in the definition of "candidate" in Indiana Code 3-5-2, which specifies that a person "becomes a candidate" when that term is used under the Campaign Finance Act, when the person raises or spends $100. Mr. King stated that he and Ms. Robertson differed from Mr. Stewart in their understanding of the legislative intent, in that they believed it was to clarify a particular part of the Campaign Finance

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Act which applies to when a candidate first has to file a statement of organization for the committee. Mr. King stated that their position was that filing that statement of organization for the committee then triggers the requirement to file subsequent reports. He added that the problem the legislation attempted to address was that a person can "become a candidate" in more than one way. Mr. King said that the obvious way was by filing the candidacy papers, either with the Election Division or with the circuit court clerk. He added that the Campaign Finance Act also contained other language about filing the statement of organization within ten days after "becoming a candidate" in some other way. Mr. King stated that the Election Division had hoped that the legislature would clarify through this statutory language was when the ten day clock starts to run when someone was out raising money, and spending money, before the filing deadline, and added that this was his understanding and Ms. Robertson's understanding of the legislative intent concerning this provision.

Mr. King remarked that Commission members had been provided with a copy of an extract of the Election Commission minutes of March 25, 1998. He stated that this particular extract concerned Cause #98-4347-91 (Darin Patrick Griesey for State Representative). Mr. King said that in essence an argument very similar to Mr. Stewart's was made in that cause in March 1998, with regard to a Democratic Party state legislative candidate who was fined for not filing his statement of organization on time. He added that, in particular, on page 48 of the Minutes, at the fourth paragraph, staff presented essentially this same argument to the Commission with regard to the interpretation of Indiana Code 3-9-1-5(b), and stated that there were two requirements that started the clock for filing the statement of organization, so that even if a candidate did not raise or spend $100, the candidate would still be required to file the statement of organization under the statute. Mr. King remarked that the Commission imposed a fine in that case, at least in part based on that testimony. Mr. King then provided copies of this extract to Mr. Stewart.

The chair recognized Mr. Mathies, who said that there is plenty of information from the Election Division in the e-mails which states that the statutes must be read in their entirety. He remarked that he appreciated Mr. King providing the Commission with this information, and that he agreed with Mr. King's comments.

The chair recognized Mr. Perkins, who said he wished to be clear on the argument, since the testimony so far had gone back and forth between Mr. Villegas's case and two other cases. He asked if the argument on the amount spent (the $100 threshold) was the argument in support of Mr. Villegas's case. Mr. Stewart responded that this was correct since Mr. Villegas was one of the candidates who raised and spent less than that amount, and that the Commission did not have jurisdiction to consider assessing any fines against him, and that the cause against him should be dismissed. Mr. Stewart noted that the Commission's ruling on the motion in Mr. Villegas's case would indicate how the Commission will rule on the motion to dismiss the other two cases, and that he can refer to that ruling when those cases come up. Mr. Perkins thanked Mr. Stewart for his response.

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Mr. Stewart called the attention of the Commission to the Campaign Finance Manual and the Candidate's Guide. Mr. Stewart stated that in the Commission's explanation to candidates of how this works, it reads as though you do not become a candidate until you have raised or spent $100. He said a person reading that would reasonably think that if they were not within that, that that would not apply to them. He said that even if the Commission goes with Mr. King's reading of the language, that the statute does not mean what Mr. Stewart thought it means, there is still a very good argument for not assessing fines for people who reasonably relied on what the Commission's Campaign Finance Manual said.

The chair recognized Mr. Perkins, who asked Mr. King and Ms. Robertson regarding the Commission's practice with regard to the assessment of fines in instances in which a committee or candidate has not been before the Commission on a previous occasion. Mr. Perkins noted that in certain circumstances, the Commission has reduced a proposed civil penalty, and that in other cases the Commission has not reduced the proposed penalty. Mr. King responded that he and Ms. Robertson recalled that when committees had not previously been before the Commission regarding a delinquent campaign finance filing, the Commission has reduced it. He added that he and Ms. Robertson did not immediately recall whether the reductions had been by half, or by some other fraction of the proposed amount of the penalty for the first violation. He added that customarily and typically there has been a reduction if there has been a presentation made to the Commission on behalf of reduction. Mr. Perkins thanked Mr. King for his response.

After further review of the Motion and the documents in the record in this cause, Mr. Cruea moved, seconded by Mr. Mathies, that the Motion to Dismiss filed on behalf of Mr. Villegas in this cause be denied. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", this motion was adopted.

The chair requested that Mr. Stewart limit his remarks on the merits of this case should be limited to three minutes due to the large number of causes to be heard by the Commission today. Mr. Stewart stated that he did not have an opportunity to get this an additional document into the record, namely an affidavit prepared by Mr. Kurt St. Angelo, the Marion County Libertarian Party chair, which has not been notarized or signed by Mr. St. Angelo. Mr. Stewart requested that this be entered into the record in this cause. The Commission consented to entering this document in the record of this cause. A copy of the document is incorporated by reference in these minutes.

Mr. Stewart stated that what happened in the case of Mr. Villegas was that he prepared both his state and county forms at the same time, he stamped the envelopes, and his wife placed them in the mailbox. Mr. Stewart stated that although the Marion County Election Board received their copy, for some reason the Election Division never received its copy. Mr. Stewart stated that Mr. Villegas did not know what had happened, and whether there had been a problem at the Post Office or with the Election Division's handling of its own mail. Mr. Stewart said that Mr.

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Villegas was at a loss to know what had occurred, and was prepared to testify that the forms were mailed. Mr. Stewart said that Mr. St. Angelo is also prepared to testify that he discussed this matter with Mr. Villegas, and Mr. Villegas told him that these forms had been mailed.

Mr. Stewart said that in reading the Commission's minutes, he saw that this situation had come up before in cases where a candidate mailed both county and state forms at the same time, and the county received the forms although the Election Division did not. He stated that the Commission had decided in those cases that it would be an injustice to assess a fine. Mr. Stewart stated that Mr. Villegas made a good faith attempt at compliance when Mr. St. Angelo came in to make sure that all the forms had been received. Mr. Stewart remarked that it was a busy day at the Commission, and Mr. St. Angelo did not want to take up staff time, so he ended up not checking. Mr. Stewart said that if Mr. St. Angelo had checked, the fact that these reports were not yet filed would have been discovered, and an effort would have been made to have them filed. He stated that Mr. St. Angelo had remarked that Mr. Villegas was especially diligent about his forms, more than some of the other candidates, including Mr. Stewart.

Mr. Stewart said that the campaign finance information concerning Mr. Villegas was available to the public through the County Election Board, and that there was no prejudice or harm to anybody. Mr. Stewart noted that once Mr. Villegas was notified that the Election Division had not received his filing, he provided another copy immediately to the Election Division. Mr. Stewart stated that Mr. Villegas's campaign did not raise or spend a large amount of money, and it would be an injustice to assess a fine of $1,000 or some large amount, and that he would encourage the Commission not to assess a fine in this situation.

The chair asked if Mr. Stewart had a file marked copy of the report filed by Mr. Villegas with the Marion County Circuit Court Clerk's office to show that Mr. Villegas did file that report on time. Mr. Stewart said that he had not brought that document with him to this hearing. The chair stated that he recalled cases in which the Commission has not assessed a proposed fine when a committee had proven that the report was timely filed in the circuit court clerk's office. Mr. Stewart thereupon requested a continuance in this cause. The chair stated that if Mr. Stewart could produce a document indicating that Mr. Villegas's report had been timely filed with Marion County, he would be inclined to dismiss this cause.

Mr. Perkins moved, seconded by Mr. Cruea, that the Commission grant Mr. Villegas's Motion for Continuance, and that this cause be continued until the next Commission meeting at which campaign finance enforcement hearings are scheduled. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", this motion was adopted.

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Cause 99-4406-101 Rebecca Majors for State Representative

The chair recognized Mr. Stewart, who stated that Ms. Majors lives in Evansville in Vanderburgh County. He added that since she was uncertain how the Commission would rule on the Motion to Dismiss in her case, Mr. Stewart had contacted the Election Division staff to request a continuance in this cause. A document entitled "Request for Continuance" in this cause was filed with the Election Division on March 24, 1999, and is incorporated by reference in these minutes.

The chair noted that the Commission had not acted on the Motion to Dismiss with regard to this cause, and should do so before considering the request for a continuance. Mr. Cruea moved, seconded by Mr. Perkins, that the Motion to Dismiss filed on behalf of Ms. Majors in this cause be denied. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", this motion was adopted.

Mr. Cruea moved, seconded by Mr. Perkins, that the Commission grant Ms. Majors's Motion for Continuance, and that this cause be continued until the next Commission meeting at which campaign finance enforcement hearings are scheduled. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", this motion was adopted.

Cause 99-4361-08 Germann for State Representative

Cause 99-4361-29 Germann for State Representative

Cause 99-4361-97 Germann for State Representative

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in Cause 99-4361-08 was Six Hundred Five Dollars and Seventy Five Cents ($605.75), being Six Hundred Dollars ($600) for a delinquent 1998 pre-election report (which was due by noon October 16, 1998, and which was filed with the Election Division on October 28, 1998), and Five Dollars and Seventy Five Cents ($5.75) in certified mail costs.

The chair noted that the Motion to Dismiss was also pending with regard to these causes. Mr. Cruea moved, seconded by Mr. Mathies, that the Motion to Dismiss filed on behalf of Mr. Germann in these causes be denied. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", this motion was adopted.

The chair recognized Mr. Germann, who stated that he would like to read the statute although the Commission had already voted regarding his Motion to Dismiss: "(a) Except as provided in subsection (b), candidate means a person who... (b) As used in IC 3-9, an individual becomes a

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candidate when the individual... receives more than $100 in contributions..." Mr. Germann stated that he was a Libertarian Party candidate for State Representative, and was appearing before the Commission because he was late in filing his pre-election report, and for failing to file his pre-election supplemental report. Mr. Germann stated that this was a clerical error on his part, and that he had confused dates and thought that the pre-election report was due on October 30, 1998. He said that he was unaware of the requirement to file a pre-election supplemental report. He remarked that he was not the world's greatest bookkeeper.

Mr. Germann requested that the Commission consider several mitigating factors when determining what, if any, penalty he should be assessed: (1) he did not raise any money, and that although he understands this does not relieve his obligation to file reports, he believed that the intent of the legislation to allow the public to see who is funding political campaigns. In his case, where no money was raised or spent, he hoped that a different standard might be applied; (2) this was a clerical error on his part, and that he sincerely believed that he was in compliance with the state's campaign finance law. He said that this was not an attempt to circumvent or protest campaign finance laws, only a lack of his organizational skills; (3) his candidacy was more about being a Libertarian activist than actually about being elected. He stated that it is a fairly common Libertarian practice to run inactive or semi-active candidates as a way to build awareness of the Party and to establish a forum for future, more active, candidates; and (4) any fine the Commission imposes will be paid by him personally out of his checking account. He said that there is no campaign war chest to pay the penalty out of, the state Party will not pay this fine, and he would not ask them to even if the Party was able to do so.

Mr. Germann stated that he accepted responsibility for not filing campaign finance reports in a timely manner, but believed that the intent of campaign finance reports is to enable the voting public to know who is financing candidates, not simply to require paperwork for the sake of paperwork. He said that since no money was raised or spent by his campaign, he did not think the same penalty should apply as in those races in which committees spend many thousands of dollars. Mr. Germann said that the idea of punishment fitting the crime seems to dictate that the Commission not impose the full possible fine against him. He thanked the Commission for the opportunity to present his case.

The chair recognized Ms. Sara Cotham, the Executive Director of the Libertarian Party of Indiana. Ms. Cotham stated that the Commission was aware that the Libertarian Party is a rather young party, and as Mr. King and Ms. Robertson are painfully aware, the Party spends a lot of time calling the Election Division with questions. She added that the Libertarian Party is the "Party of Principle", which is one of the Party's national names. She said that although the Party may be very young and inexperienced, the Party does its very best to comply with the laws and the intent behind the statutes, because the Party hopes to continue our trend to growing to be a contender in the political arena.

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Ms. Cotham stated that Mr. Germann has testified that he was doing his very best to comply with what he understood to be the law, and in accordance with the current Campaign Finance Manual. She said that, as Mr. King knows, the Party tends to go around in limbo with regard to the statutes, which often apply to parties that have not attained the 2% requirement for ballot access, or to parties which have attained the 10% requirement for holding a primary election. She said that the Party is interested in learning, and has made great strides. Ms. Cotham remarked that she hoped that all of this would be taken into account in dealing not only with Mr. Germann, but also with Mr. Villegas and Ms. Majors, and that the Commission would know that this is a learning experience for the Party.

Ms. Cotham said that as she led the Party, and taught others to lead the Party on the state and county level, this information will be passed on. She added that the Commission and the legislature can work as they are doing to make the laws and statutes that apply to the Libertarian Party and other parties that may gain ballot access more clear. She remarked that the Party is not big on paperwork and making government larger, but an example of trying to accommodate our special needs and make it easier for the Party to understand the convolutions of the Code would be the Election Division's creation of two new forms specifically for the Libertarian Party this year. She said that she saw this as a learning experience and coming together from both the Code side and the candidate side, and hoped that the Commission would take that into consideration to relieve or reduce the fines on all of these candidates.

The chair recognized Mr. King, who stated on behalf of Ms. Robertson and himself that is not painful at all to work with Ms. Cotham on the questions that she presents to the Election Division, and that they are always glad to try to clarify whether particular statutes were applicable to the Libertarian Party.

Mr. King noted that Mr. Germann's remarks had alluded to all three of the causes concerning his committee which were pending before the Commission today. Mr. King called the attention of Commission to the spread sheet presented by Ms. Thompson and introduced into evidence in this cause as set forth on page 2 of these minutes. He said that the first cause which had already been called before the Commission was Cause 99-4361-08, and that the information concerning this cause was set forth at the bottom of page 1 of the spread sheet. He added that information concerning Cause 99-4361-29 was set forth at the top of page 2 of the spread sheet, and that information concerning Cause 99-4361-97 was set forth at the bottom of page 15 of the spread sheet. Mr. King noted that the Commission's past practice had been, with the consent of the candidate and counsel, to consider those causes jointly with regard to taking votes or assessing or reducing penalties.

In response to a question from the chair, Mr. Germann stated that he had no objection to this procedure. He added that there was a mitigating factor concerning the last cause, which concerned his annual report, in that he misread the filing schedule on the form, and that he believed that the

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deadline for mailing has an "N/A" in the box with the annual report. Mr. Germann said he understood "N/A" to mean "non-applicable", in that there was no deadline for the annual report. He noted that there was a deadline indicated for hand delivery of the annual report, but the "N/A" appeared in the box for the mailing deadline for the annual report, and that he was late in filing his report as a result of this misunderstanding. Mr. Germann said that he did subsequently file his annual report with the Election Division, and that the report showed a balance of zero dollars regarding funds raised or received.

The chair asked Mr. Germann if he was late in filing all three of these reports with the county election board of the county in which he resided. Mr. Germann responded that he had filed these reports late, but that the county was not aware of his requirement to file with the county election board since he was the first candidate for State Representative to live in Posey County.

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

The chair noted that the Commission should follow its past practice in reducing the proposed civil penalty for a first time offense to 25% of the proposed penalty, in reducing the proposed civil penalty for a second offense to 50% of the proposed penalty, and to impose the full recommended civil penalty for a third offense.

Mr. Cruea moved that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs in Cause 99-4361-08 and Cause 99-4361-29 would be unjust under these circumstances for the reasons set forth in these minutes; (2) assess a civil penalty of One Hundred Fifty Five Dollars and Seventy Five Cents ($155.75) in Cause 99-4361-08, being a civil penalty of One Hundred Fifty Dollars ($150), plus Five Dollars and Seventy Five Cents ($5.75) in investigative costs properly documented by the Election Division; (3) assess a civil penalty of Five Hundred Five Dollars and Seventy Five Cents ($505.75) in Cause 99-4361-29, being a civil penalty of Five Hundred Dollars ($500), plus Five Dollars and Seventy Five Cents ($5.75) in investigative costs properly documented by the Election Division; and (4) assess a civil penalty of Six Hundred Fifty Two Dollars and Ninety Eight Cents ($652.98) in Cause 99-4361-97, being a civil penalty of Six Hundred Fifty Dollars ($650), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division. Mr. Cruea stated that if his calculations were correct, the total civil penalty in all three cases would be One Thousand Three Hundred Dollars ($1,300), in addition to mailing costs of $8.52.

Mr. Perkins said that since this motion was consistent with how the Commission has approached these matters in the past he would second the motion. Mr. Stewart asked if he could be heard on this Motion. The chair responded that the hearing had already been closed. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was

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adopted. Mr. Stewart then asked what the procedure would be for a Motion to Reconsider. The chair recognized Mr. King, who stated that if Mr. Stewart filed a Motion to Reconsider that the Motion would be placed on the agenda for the Commission's next meeting. Mr. Stewart said that he had not made up his mind concerning this. The chair stated that the final order in these causes would be signed probably by the Commission at its next meeting, and that Mr. Stewart would be sent notice. The chair said that Mr. Germann would have thirty days to pay the penalty after receiving the notice.

Cause 99-1189-45 BackPAC

The chair recognized Ms. Connie Vickery, who stated that she was present on behalf of the treasurer of this committee. She said that the report had been signed before the January 20, 1999 filing date, but that she had placed the report on her desk and forgot about it. She said that she would be glad to pay the $52 penalty, and apologized for this error.

The chair stated that after the Commission voted to impose any penalty, the Commission will then sign the order, and the committee will receive a notice stating that the committee will have thirty days to pay the civil penalty.

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

Mr. Perkins moved, seconded by Mr. Mathies, that the Commission assess a civil penalty of Fifty Two Dollars and Ninety Eight Cents ($52.98) in this cause, being a civil penalty of Fifty Dollars ($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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

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Cause 99-0844-66 Indianapolis Firefighters PAC

Cause 99-3953-68 Marion County Firefighters PAC

The chair recognized Mr. William Brown, treasurer of both the Indianapolis Firefighters PAC and the Marion County Firefighters PAC, who requested that the Commission hear both of the causes listed above at the same time. The Commission consented to this request.

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in Cause 99-844-66 was Two Hundred Fifty Two Dollars and Ninety Eight Cents ($252.98), being Two Hundred Fifty Dollars ($250) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on January 25, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had previously appeared before the Commission concerning its delinquent 1995 annual report.

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in Cause 99-3953-68 was Two Hundred Fifty Two Dollars and Ninety Eight Cents ($52.98), being Two Hundred Fifty Dollars ($250) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on January 25, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had not previously appeared before the Commission concerning a delinquent report.

The chair recognized Mr. Brown, who stated that he apologized for these reports being late. He said that there were some mitigating circumstances, in that he was out of town during the holidays and on vacation, and that after he returned and had been in town only one day, he had been required to attend the National Fire Academy due to the unexpected absence of another individual. Mr. Brown said that he left instructions with his secretary to make certain that these reports were filed, and to be looking for the packet of forms mailed out by the Election Division. He stated that when he returned after a total of five weeks, he was told that the forms packet had not been received in the mail. He added that the secretary was also waiting due to the bad winter weather for the Credit Union's quarterly statement, which contained information need to balance the accounts used in her new computer software program. Mr. Brown said that he was upset to learn that the reports had not been filed, worked the following weekend to complete them, and filed the reports with the Election Division first thing on the following Monday morning. He said that these facts were no excuse, and that he took full responsibility for the late filing. Mr. Brown requested that the Commission consider reducing the proposed penalty, if possible.

In response to a question from Mr. Perkins, Ms. Thompson stated that there were no additional written materials available concerning these causes.

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

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Mr. Cruea moved, seconded by Mr. Perkins, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs in Cause 99-0844-66 and Cause 99-3953-68 would be unjust under these circumstances for the reasons set forth in these minutes; (2) assess a civil penalty of One Hundred Twenty Seven Dollars and Ninety Eight Cents ($127.98) in Cause 99-0844-66, being a civil penalty of One Hundred Twenty Five Dollars ($125), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division; and (3) assess a civil penalty of Sixty Five Dollars and Forty Eight Cents ($65.48) in Cause 99-3953-68, being a civil penalty of Sixty Two Dollars and Fifty Cents ($62.50), 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-3688-78 Miller for Indiana

The chair recognized Mr. Miller, who stated that he was embarrassed by this delinquency since had spent twenty years in the political process. He said that he thought that the reporting form had been received by his office, but that he had not tracked it down. Mr. Miller said that on the same day that he received the notice of delinquency in the mail, he filed the report.

Mr. Miller noted that the committee had no activity during 1998, which is not an excuse for the late filing, but that the committee had not been at the top of his list of things to keep track of. He said that the annual report filing deadline for next year will be on his list of things to do. Mr. Miller stated that the committee remained open because the report shows a sizeable debt remaining from his unsuccessful run for Attorney General in 1996. Mr. Miller said that there was always an expectation that if a distant, unexpected future event triggered something, there might be an opportunity for the committee to repay this debt, but that this has not yet occurred. He said he would accept whatever penalty the Commission believed was appropriate.

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

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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 Two Hundred Fifty Two Dollars and Ninety Eight Cents ($252.98) in this cause, being a civil penalty of Two Hundred Fifty Dollars ($250), 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-1194-35 Indiana Merit Construction PAC of ABC

The chair recognized Ms. Sherri Quarles. She stated that she was unaware that this report had been filed late until receiving the notice of delinquency. Ms. Quarles said that the 1996 pre-primary report was late since she had just started with the company the previous November, went on maternity leave during the following month, and was then called in to complete the delinquent report. She said that since then, the committee had worked very hard to prevent any future delinquent reports.

Ms. Quarles stated that the company had called a courier service on January 20 to deliver the report to the Election Division, and was advised that the courier could deliver the package within ninety minutes or within three hours. She said that the courier was called at 10 a.m. to make certain that the courier was working on the proper schedule because of the weather, and was advised by the courier during a 10:19 a.m. call that the Election Division would receive the report no later than 11:47 a.m. Ms. Quarles remarked that although the courier picked up the report at the committee's office, it was not filed with the Election Division before the noon deadline, and apologized for this error.

In response to a question from the chair, Ms. Quarles indicated that the delivery deadline for the courier is not set forth on the delivery schedule, but is reflected in the rate billed to the company for the express delivery of the report. She apologized for not having additional documentation concerning this billing available today. She added that the courier was conducting an internal investigation regarding this matter.

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Ms. Quarles submitted a two page document to include in the record of this cause, consisting of a FAX from NOW Courier & Messenger, Inc., dated March 12, 1999, and a copy of a log entry concerning this package. The Commission consented to these documents being included in the record. Copies of the document are incorporated by reference in these minutes.

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

Mr. Mathies said that the committee in this case had documented that the report had been delivered to the courier for delivery on time, and would defer to the Commission's customary practice in these cases. The chair responded that the Commission had dismissed causes if the committee produced proof that the report had been sent by courier in time for receipt by the Election Division before the deadline. Mr. Perkins examined the receipt, noted that the receipt indicated that the courier was to make the delivery no later than 12:00 noon, but that the courier had not done so until 12:18 p.m.

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

Cause 99-4117-62 McBride for State Representative

The chair recognized Mr. Paul McBride. He stated that had been ill with a jaw and tooth infection during the filing period for the 1998 pre-primary report, and had missed the deadline due to his illness. Mr. McBride stated that he prepared the 1998 annual report on January 14, 1999, and mailed the report on January 19, after a circuit court clerk in one of the counties of this legislative district had told him that he must get this report in by January 21. He said that he had written the January 21 deadline in his log, but that it was his fault for not checking this date in the Manual. Mr. McBride stated that he did not realize that this report was delinquent until he received his notice from the Election Division.

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Mr. McBride stated that he had mailed his report with a metered stamp of January 19, and that it normally takes two days for items he mails to be received by other state agencies. He added that he was surprised to learn that the filing deadline date was not January 21. In response to a question from the chair, Mr. McBride stated that he now realizes that the report was due January 20. He added that he simply took the circuit court clerk's word regarding the date, and failed to mail the report earlier due to the ice storm in his area during mid-January.

There being no further testimony, Mr. Cruea moved that the hearing in these causes be closed. The Commission adopted this motion by consent. The chair noted that this was Mr. McBride's second delinquent report subject to a Commission hearing.

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 Fifty Two Dollars and Ninety Eight Cents ($52.98) in this cause, being a civil penalty of Fifty Dollars ($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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-3144-47 Local Union 855 PAC

Cause 99-4237-89 IBEW Local 531 PAC Fund

The chair recognized Mr. David T. Ruhmkorff, who stated that he was representing both of the committees listed above. Mr. Ruhmkorff requested that the Commission hear both of the causes listed above at the same time. The Commission consented to this request.

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in Cause 99-3144-47 was Fifty Two Dollars and Ninety Eight Cents ($52.98), being Fifty Dollars ($50) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on January 21, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had previously appeared before the Commission concerning its delinquent 1996 annual report.

Ms. Thompson stated that the proposed civil penalty in Cause 99-4237-89 was One Thousand Two Dollars and Ninety Eight Cents ($1,002.98), being One Thousand Dollars ($1,000) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on March 12, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had not previously appeared before the Commission concerning a delinquent report. She added that the Election Division had

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received facsimile transmissions dated March 25, 1999 from Mr. Ruhmkorff concerning Cause 99-3144-47 and Cause 99-4237-89. Copies of these documents are incorporated by reference in these minutes.

Regarding Cause 99-4237-89, Mr. Ruhmkorff stated that he was requesting the Commission's leniency in waiving or reducing the fine in this cause. He said that this committee has a new first term business manager, who missed the filing deadline date through ignorance. Mr. Ruhmkorff stated that the business manager thought that this report had been filed in a timely fashion. He added that the report indicates that this committee generates little or no money, and that based on his discussions with the business manager, he anticipates that the committee will be disbanded during 1999.

Regarding Cause 99-3144-47, Mr. Ruhmkorff remarked that the situation in this cause was very similar in that the committee had a new, first-time, business manager, who was not familiar with the filing requirements. He noted that this committee also does not generate any large amounts of money, and added that the report was dated January 15, 1999. Mr. Ruhmkorff remarked that the manager secretary mailed this report from Muncie during the winter storms on January 15, although the committee had no documentation to substantiate that. He said that this may have resulted in the mail delaying this report.

In response to a question from the chair, Ms. Thompson stated that the envelope received by the Election Division was postmarked January 16, 1999. The chair remarked that even though the statute does not provide for the Commission to consider the postmark with regard to the annual report filings, he believed that five days was a little long for mail delivery between Muncie and Indianapolis.

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

Mr. Cruea moved, seconded by Mr. Mathies, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs in Cause 99-3144-47 would be unjust under these circumstances for the reasons set forth in these minutes; and (2) dismiss Cause 99-3144-47 without assessing any civil penalty or costs.

Mr. Cruea moved, seconded by Mr. Perkins, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs in Cause 99-4237-89 would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Two Hundred Fifty Two Dollars and Ninety Eight Cents ($252.98), being a civil penalty of Two Hundred Fifty Dollars ($250.00), 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.

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Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4283-73 Indiana Radiological PAC

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was Six Hundred Two Dollars and Ninety Eight Cents ($602.98), being Six Hundred Dollars ($600) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on February 1, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had not previously appeared before the Commission concerning a delinquent campaign finance report, and noted that the Election Division had received a letter dated February 2, 1999 from Ms. Elizabeth Merchiers, Policy Analyst for the Indiana State Medical Association, concerning this matter. A copy of this letter is incorporated by reference in these minutes.

The chair recognized Ms. Merchiers. She stated that she was a new employee at the time of this filing deadline, and that this delinquency was the result of her oversight. Ms. Merchiers said that she had filed the necessary reports with the Indiana Lobby Registration Commission, and had mistakenly assumed that she had filed everything necessary. She added that she discovered by accident that this committee did need to file a separate report as a political action committee. Ms. Merchiers stated that she had contacted the Election Division immediately upon discovering this, and filed the report a few hours later.

There being no further testimony, Mr. Cruea moved that the hearing in these causes be closed. The Commission adopted this motion by consent. Mr. Mathies noted that this committee had not previously filed a delinquent report.

Mr. Mathies 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 One Hundred Fifty Two Dollars and Ninety Eight Cents ($152.98) in this cause, being a civil penalty of One Hundred Fifty Dollars ($150), 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted. In response to a question from Ms. Merchiers, the chair stated that the committee would receive a letter concerning this civil penalty, and would be given thirty days to pay the amount.

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Cause 99-3828-69 Citizens for Sally

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was Two Hundred Fifty Two Dollars and Ninety Eight Cents ($252.98), being Two Hundred Fifty Dollars ($250) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on January 25, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had not previously appeared before the Commission concerning a delinquent campaign finance report.

The chair recognized The Honorable Sally Rideout Lambert, former Indiana State Representative. Ms. Lambert stated that she formed her committee four years ago, and that until this occasion she had always filed an accurate report on time. She said that she was late with this report because she signed it on January 10, and mailed the report to her treasurer as she left town on that date. She added that she had directed her treasurer, who lives about forty-five minutes from her home to mail this report to the Election Division after signing it (rather than hand delivering the report to her treasurer for signature, and then mailing the signed copy herself). She said that she had followed this procedure because of the bad winter weather, and due to her employment in Indianapolis. Ms. Lambert said that her treasurer has told her that he signed and mailed the report on January 11, but that she took him at his word, and had no explanation for why the mailing was postmarked after January 20. She apologized for this error.

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

Mr. Cruea moved, seconded by Mr. Mathies, 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 Sixty Five Dollars and Forty Eight Cents ($65.48) in this cause, being a civil penalty of Sixty Two Dollars and Fifty Cents ($62.50), 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

5. RECESS AND RECONVENING OF COMMISSION MEETING:

At 11:10 a.m., the chair moved that the Commission meeting stand in recess until 11:15 a.m. Commission members adopted the motion by consent, and the Commission stood in recess at that time.

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At 11:15 p.m., the chair reconvened the Commission meeting in the same location. The chair noted that the same Commission members present before the recess were present for the reconvened Commission meeting.

6. CAMPAIGN FINANCE ENFORCEMENT:

Cause 99-4355-74 Katic Boosters

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was Fifty Two Dollars and Ninety Eight Cents ($52.98), being Fifty Dollars ($50) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on January 21, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had previously appeared before the Commission concerning a delinquent 1998 pre-primary large contribution supplemental campaign finance report and a delinquent statement of organization. She added that the Election Division had received a facsimile transmission dated March 24, 1999 from Mr. Peter Katic, Attorney at Law, concerning this matter. A copy of this letter is incorporated by reference in these minutes.

The chair recognized The Honorable Jesse Villalpando, Indiana State Representative, who stated that he was an attorney, and was appearing on behalf of this committee. After Mr. King administered the oath to Mr. Villalpando, he stated that he had been asked by former State Representative Peter Katic to represent the committee before the Commission today. Mr. Villalpando noted that he had succeeded Mr. Katic in the Indiana House of Representatives as the Representative for the 12^th District.

Mr. Villalpando remarked that he appreciated the Commission's accommodating his schedule to permit him to attend to his legislative duties. He stated that Mr. Katic's letter indicated that his uncle had been in the hospital for twenty-three days, and passed away on the date that the report was due (Wednesday, January 20, 1999). Mr. Villalpando said that Mr. Katic had sent the report the following day (January 21, 1999), and that there was no dispute on this point.

Mr. Villalpando added that he had personal knowledge of the second point raised in Mr. Katic's letter due to a conversation that he had with Mr. King. He said that Mr. Katic indicated that the notice sent by the Election Division indicating when the report was due, stated that the filing deadline date was Friday, January 20, 1999. Mr. Villalpando noted that January 20, 1999 was in fact fell on Wednesday, not on Friday. He added that as a candidate, he had filed a report on or about January 19, 1999, and recalled that by coincidence he met Mr. King as he was leaving the Election Division offices and pointed out this discrepancy to Mr. King. Mr. Villalpando stated that since he was already in Indianapolis as a member of the General Assembly, he was able to file his report before the January 20, 1999 deadline, but that individuals like Mr. Katic, who were

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not present in Indianapolis in the course of their business could have been understandably confused by this notice. Mr. Villalpando said that he had put the Friday filing date in a tickler system, for January 22, 1999. He said that Mr. Katic does not deny that the report was filed late, but as mitigating circumstances there was a death in his family and he had received a misleading and confusing notice regarding the filing deadline date. Mr. Villalpando thanked the Commission for their consideration, and asked that this cause be dismissed for the reasons stated.

Mr. Mathies asked if the notice with the incorrect date was sent out by the Election Division. The chair responded that this was correct, and that he believed that this document was one of the last items sent out by the former Co-Director. The chair noted that at the January 1999 Commission meeting, another state legislator had testified that his brother had died on the filing deadline and the Commission had determined that those extenuating circumstances required dismissal of that cause. The chair stated that this appeared to be an identical situation. Mr. Mathies stated that he would move for dismissal based on both the death of Mr. Katic's relative and his reliance on the misstated filing deadline dates.

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

Mr. Mathies moved, seconded by Ms. Miller, 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) dismiss this cause and not assess any civil penalty or costs. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

The chair deferred further consideration of campaign finance enforcement hearings until later in the meeting.

7. VOTING SYSTEM CERTIFICATIONS:

A. ESCROW OF ELECTION SYSTEMS & SOFTWARE (ES&S) PC-BT BALLOT CARD VOTING SYSTEM; DESIGNATION OF ELECTION DIVISION EMPLOYEES AS "AUTHORIZED PERSONS":

The chair recognized Mr. King, who noted that Commission members had received a copy of a letter dated March 2, 1999 from himself to Ms. Debbie Kosloski, Vice-President of ES&S with the original copy of the form designating himself and Ms. Robertson as the "authorized persons" for access to the escrowed software with Granite City Record & Storage. A copy of the letter and four pages of attachments is incorporated by reference in these minutes.

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Mr. King added that there was no additional business pending regarding this matter, and that this voting system's recertification process was now complete. The chair recognized Mr. Black and Mr. Whalen of ES&S, who stated that they were present to answer any questions from Commission members. The chair thanked Mr. Black and Mr. Whalen.

In response to a question from Mr. Perkins, the chair noted that the Authorization for Access document had been signed by the parties on December 17, 1998. Mr. King added that the escrow had been made before the December 1998 Commission meeting and that the only outstanding issue after that date was the designation of the "authorized persons."

B. STATUS REPORT: GOVERNMENTAL BUSINESS SYSTEMS ACCU-TOUCH DIRECT RECORDING ELECTRONIC VOTING SYSTEM:

The chair recognized Mr. King, who noted that Commission members had received a copy of a letter dated January 21, 1999, to himself from Mr. Larry Ensminger, Vice-President of Operations, Global Election Systems, Inc. A copy of this letter is incorporated by reference in these minutes.

Mr. King stated that Global Election Systems was the parent company of Governmental Business Systems, and that the letter concerned the application for certification of this new electronic voting system which was currently pending before the Commission. He recalled that after this application had been submitted, GBS had requested that the Commission defer action on the application since some new developments had been made to this model. Mr. King stated that the letter documents that this voting system has been previously tested at Wyle Laboratories and has received a National Association of State Election Directors (NASED) control number 010601.

Mr. King remarked that one of the general issues concerning voting system certification that will require a Commission decision in the near future is what procedures should be followed in the case of voting systems that have been approved by Wyle Laboratories, Nichols Research, or both, with regard to determining whether the voting system meets Indiana standards for certification. He reminded the Commission that in the past it had referred voting systems to Information Services Division (ISD), an agency of state government, which has reported back to the Commission regarding certain aspects of a system's compliance with the Indiana standards.

Mr. King said that there are essentially two questions involved in this issue: first, since ISD does not claim the ability to test a voting system for compliance with all Indiana standards, should a different approach be used for certification of a new voting system. He noted that previously certified voting systems had been referred to ISD during the recertification process, and that these systems were currently in use by county customers, who would report any problems with the system to the Election Division. He remarked that there may be more concern that a new voting system's compliance with each Indiana standard be fully documented before the system is used.

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by county customers. Mr. King stated that the second question concerned a development on the federal level in that the Federal Election Commission is in the process of revising the federal guidelines, which were originally adopted by the FEC in 1990, to reflect the new voting system technologies developed during the last ten years. He said that in the future the Commission will need to consider to what extent the new FEC standards, if adopted in Indiana, will supersede the existing Indiana statutory standards. He remarked that although resolving this second question is beyond the Commission's authority at this time, the first question regarding the testing procedures to determine a new voting system's compliance with Indiana standards must be taken up as part of the Commission's consideration of the certification for new voting systems.

The chair recognized Mr. Corey, who said that GBS and Global are fully prepared to demonstrate this voting system to the Commission and the Election Division. He added that the system has been certified by Wyle and received its NASED control number, but has not been sold or used in Indiana. He said that the demonstration might clear up some of the issues involving certification of this system in Indiana, and that he anticipated that the system could be demonstrated at the Commission's May 1999 meeting. The chair thanked Mr. Corey for his remarks.

C. STATUS REPORT: MICROVOTE MEMS 6.4 SYSTEM "YEAR 2000 UPGRADE" CORRESPONDENCE:

Mr. King noted that Commission members had received copies of the following documents: (1) A letter dated March 3, 1999 from the Co-Directors to Mr. James M. Ries, Sr., President of MicroVote Corporation; and (2) a one page document signed by Mr. Ries entitled "MicroVote Election Management System Annual Software Maintenance Agreement." Copies of these documents are incorporated by reference in these minutes.

Mr. King stated that Election Division staff was scheduled to visit the MicroVote facilities in Indianapolis at 2:00 p.m. on April 15, 1999 for a demonstration of the "Year 2000" update to the MicroVote MV 464 MEMS 6.4 version software. He added that he understood from representatives of MicroVote that this update does not need to be completed before the May 1999 municipal primary, but some customers are looking forward to having the update made before the end of this year. The chair recognized Mr. Shamo, who stated that he was in attendance to answer any questions the Commission might have. The chair thanked Mr. Shamo.

D. PENDING APPLICATION: FIDLAR & CHAMBERS EV 2000 DIRECT RECORDING ELECTRONIC VOTING SYSTEM:

Mr. King noted that Commission members had received a copy of a letter dated March 3, 1999 from himself to Mr. Paul T. Van Camp, National Sales Manager, Fidlar & Chambers, acknowledging receipt of the company's application for Commission approval of the EV 2000

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voting system. Mr. King also provided Commission members with a two page facsimile transmission dated January 5, 1999, from Mr. Doug Lewis of the Election Center, which provides information concerning the Fidlar & Chambers voting system, along with a list of the voting systems previously awarded NASED control numbers. Copies of these documents are incorporated by reference in these minutes.

E. LEGISLATIVE UPDATE: OPTICAL SCAN BALLOT CARD DUAL SECURITY STUB REQUIREMENTS:

Mr. King noted that legislation was pending before the General Assembly to repeal the current requirement that optical scan ballot cards include dual security stubs. He noted that this bill had passed the House and had been reported favorably out of the Senate Elections Committee. Mr. King added that the Election Division staff had met with representatives of all three voting system vendors with systems currently certified in Indiana to develop additional legislative proposals to fully recognize the impact of optical scan technology in Indiana's voting system statutes. He remarked that these legislative proposals have not yet been added to an elections bill.

8. VOTER REGISTRATION REPORTS:

A. STATUS REPORT: DESIGNATION OF UNIVERSITY DISABILITY OFFICES:

The chair recognized Mr. Northern, who provided Commission members with a ten page document entitled "Public University Student Disability Office Contacts" and a two page document entitled "Indiana Vocational Technical College Coordinators of Services for Students with Disabilities." Copies of these documents are incorporated by reference in these minutes.

Mr. Northern recalled that Commission members had been advised at the Commission's January 1999 meeting that the Election Division staff was investigating the impact of litigation brought in Virginia regarding the responsibilities of student disabilities offices at university campuses under the National Voter Registration Act. He noted that, at that time, the Election Division did not have information regarding the existence of these offices in Indiana. Mr. Northern said that the documents contain a list of these offices, and that the Election Division had learned that most of the individuals responsible for coordinating these offices also perform other duties for the college or university, such as serving as a financial services coordinator as well.

Mr. Northern said that so far he had only identified three offices in Indiana (Indiana University at Bloomington; Purdue University at Lafayette; and Ball State University at Muncie) which have "designated student disability offices" staffed by an individual whose sole responsibility is for the operation of that office. He stated that the Co-General Counsels will need to meet with staff to develop a recommendation for action by the Commission, based on the status of litigation in

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other states and on the requirements of Indiana law. Mr. Northern said he hoped that at the next Commission the staff would have a proposal regarding which of these offices should be designated as "full service" registration offices under the Indiana law, rather than merely serving as mail-in form distribution sites.

Mr. Northern added that when he contacted these coordinators, the majority had been appraised of this litigation, and some had acted to make certain that mail-in applications were available. He noted that many coordinators already had mail-in registration forms available since they distributed financial assistance forms to students as part of their duties. He concluded by stating that mail-in registration forms were now available at all of the listed offices. The chair thanked Mr. Northern for his report.

9. LITIGATION REPORT:

A. ANDERSON v. LONG

The chair recognized Mr. King, who recalled that the Commission had voted to approve a settlement in this litigation at its last meeting. He stated that the legislation implementing that settlement (House Bill 1440) has been passed by the Indiana House and has been reported favorably out of a Senate committee. He remarked that there does not appear to be any opposition to the proposal.

B. BAPAC v. BALDWIN

The chair recognized Ms. Robertson, who 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.

C. BENTZ v. JUDD

The chair recognized Mr. King, who reported that this case involved a local recount in which the Commission was named as a party defendant. He stated that he had contacted Ms. Tracy Mackey after the last Commission meeting, but not been provided with any additional information regarding this case by the Attorney General's office. Mr. King added that he had been advised that Ms. Mackey had given birth to a baby in the meantime, and so that may have provided a distraction.

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D. LEAF v. ABELL

The chair recognized Ms. Robertson, who reported that both parties have filed motions in this case, which concerns a challenge to the constitutionality of Indiana's disclaimer statute, and that these motions are pending before the court.

E. SPRINGER v. ALABAMA

The chair recognized Mr. King, who reported that he had been advised that the Attorney General's office was planning to file a Motion to Dismiss in this case, but that he had no information concerning the status of this motion. He stated that this case was a demand for ballot access brought by Mr. Springer against election administrators in all fifty states. The chair thanked Mr. King and Ms. Robertson for their reports.

10. CAMPAIGN FINANCE ENFORCEMENT:

A. Status Report in Cause 98-4091-71 Citizens for Anthony Underly:

The chair recognized Ms. Thompson, who stated that the campaign finance staff still has this matter under investigation, and that she hoped to have some additional information at the next Commission meeting.

B. Status Report concerning Committee to Elect Bob Cherry:

The chair recognized Ms. Thompson, who noted that Commission members had received copies of the following documents: (1) a letter dated October 21, 1998 to the chair from Mr. Keith J. McClarnon, treasurer of the Sarah Wolf for State Representative Committee; (2) a letter dated February 25, 1999 from Ms. Potesta and Ms. Thompson to Ms. Cheryl Bruns, treasurer of the Committee to Elect Bob Cherry; and (3) a letter dated March 17, 1999 from Ms. Bruns to Ms. Potesta and Ms. Thompson concerning this matter. Copies of these documents are incorporated by reference in these minutes.

Ms. Thompson stated that the campaign finance staff had written to Representative Cherry's committee to give an opportunity for response to the Wolf Committee's letter. She said that the Cherry Committee's response had addressed the issues raised in this correspondence.

The chair asked Ms. Thompson if the campaign finance staff had looked into this matter to determine if these expenditures were listed in the next Cherry committee report. Ms. Thompson stated that she was waiting to see what the Commission wished for staff to do. She said that she had examined the Cherry Committee's annual report, and noted several expenditures to the Post

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Office. The chair stated that he would like for campaign finance staff to provide a copy of the Cherry Committee response to the Sarah Wolf Committee, and see if the Wolf Committee still has questions or concerns. He requested that campaign finance staff report on this matter at the next meeting. The Commission concurred with this suggestion.

C. Status Report in Cause 99-033 Meijer, Inc.:

The chair recognized Ms. Thompson, who stated that the campaign finance staff still had a couple of outstanding issues in this matter, and would report on this cause at the next Commission meeting.

D. Status Report concerning Campaign Finance Database Audit Functions:

The chair recognized Ms. Thompson, who reported that the campaign finance database audit functions were functioning properly. The chair stated that he now had access to the Internet, and had been impressed with the campaign finance website.

E. CONTINUED CASES:

Cause 99-1467-025 Committee to Re-Elect Dennis Avery

The chair recognized Mr. King, who noted that Commission members had received a copy of draft Order 1999-24, a copy of which is incorporated by reference in these minutes. He stated that the Commission did grant the continuance requested in this matter, but that the order was not available for the Commission to sign at its February meeting.

After reviewing the proposed order, Mr. Perkins moved, seconded by Mr. Mathies, that Order 1999-24 be approved as submitted. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

F. MOTION TO RECONSIDER:

Cause 99-1538-000 International Brotherhood of Painters and Allied Trades

The chair recognized Ms. Thompson, who stated that Commission members had received a copy of a letter dated March 3, 1999 from James A. Williams, General Secretary-Treasurer of this committee to Attorney General Jeffery A. Modisett. A copy of this letter is incorporated by reference in these minutes. Ms. Thompson noted that the Election Division had previously referred this matter to the Attorney General for collection.

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The chair noted that the letter refers to $658.31 in civil penalties assessed by the Commission. Ms. Thompson stated that this amount includes two different civil penalties from previous causes since the committee had been delinquent on its pre-primary 1998 campaign finance report, and on its 1997 annual report.

There being no further testimony, Mr. Cruea moved that the hearing in these causes be closed. The Commission adopted this motion by consent. After reviewing the evidence in this cause, Mr. Cruea moved, seconded by Mr. Perkins, to deny this Motion to Reconsider.

In response to a question from Ms. Miller regarding whether the Attorney General's office is still making any decision regarding this matter, Mr. King stated that he was not aware of any pending decision by the Attorney General's office in this matter, and that the letter had presumably been directed there because the office had sought to collect the civil penalty assessed by the Commission. Ms. Miller asked whether she should vote in this matter. Mr. King responded that the denial of a motion to reconsider does not require a vote by all four members of the Commission, but will pass so long as at least three members support the motion. He added that if Ms. Miller wished to abstain, this would not prevent Commission action.

There being no further discussion, the chair called the question, and declared that with three members voting "aye" (Mr. Cruea, Mr. Mathies, and Mr. Perkins), no member voting "nay", and one member abstaining (Ms. Miller), the motion was adopted.

G. CONTINUED CASES:

Cause 99-4357-007 Wilson for State Representative

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was One Thousand Five Dollars and Seventy Five Cents ($1,005.75), being One Thousand Dollars ($1,000) for a delinquent 1998 pre-election report (which was due by noon October 16, 1998, and which was not yet filed with the Election Division), and Five Dollars and Seventy Five Cents ($5.75) in certified mail costs. Ms. Thompson said that Commission members had received a copy of a letter dated February 18, 1999 from herself and Ms. Potesta, which was sent to the committee upon the instruction of the Commission at its last meeting. She noted that this letter had been returned unclaimed. A copy of this letter is incorporated by reference in these minutes.

In response to a question from Mr. Perkins, Ms. Thompson stated that no individual associated with this committee had contacted the Election Division.

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Mr. Cruea moved, seconded by Mr. Perkins, that the Commission assess a civil penalty of One Thousand Five Dollars and Seventy Five Cents ($1,005.75) in this cause, being a civil penalty of One Thousand Dollars ($1,000), plus Five Dollars and Seventy Five Cents ($5.75) 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4370-009 Campaign for Hoosier Families

In response to a question from Mr. Perkins, Ms. Thompson stated that no individual associated with this committee had contacted the Election Division.

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Cause 99-1467-25 Committee to Re-Elect Dennis Avery

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was Three Hundred Five Dollars and Seventy Five Cents ($305.75), being Three Hundred Dollars ($300) for a delinquent 1998 pre-election large contribution supplemental report (which was due by noon October 30, 1998, and which was filed with the Election Division on November 5, 1998), and Five Dollars and Seventy Five Cents ($5.75) in certified mail costs. Ms. Thompson stated that this committee had not previously appeared before the Commission concerning a delinquent campaign finance report.

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 Seventy Seven Dollars and Seventy Seven Cents ($77.77) in this cause, being a civil penalty of Seventy Five Dollars ($75), plus Two Dollars and Seventy Seven Cents ($2.77) 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-3549-26 The Foley Campaign

The chair stated that he had seen Representative Foley at an event following the last Commission meeting, at which Mr. Foley had requested a continuance of this matter until after the adjournment of the legislative session. He said that he advised Mr. Foley that the Commission

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ordinarily reduced proposed civil penalties to 25% of the proposed civil penalty in these circumstances, and that Mr. Foley did not need to attend the Commission meeting if this result was acceptable. Mr. Mathies stated that he wished to ensure that the Commission dealt with all legislators in a fair and consistent manner, and that he did not want any legislator to object to a determination made by the Commission without an opportunity for the legislator to attend due to the work of the legislative session.

There being no further discussion, 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 Seventy Seven Dollars and Seventy Seven Cents ($77.77) in this cause, being a civil penalty of Seventy Five Dollars ($75), plus Two Dollars and Seventy Seven Cents ($2.77) 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4372-030 Committee to Elect Dan Steward

In response to a question from Mr. Perkins, Ms. Thompson stated that no individual associated with this committee had contacted the Election Division.

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H. DELINQUENT 1998 ANNUAL REPORTS:

Cause 99-4313-034 Committee to Elect Linda Lawson

Mr. Cruea moved, seconded by Mr. Perkins, that the Commission assess a civil penalty of Fifty Two Dollars and Ninety Eight Cents ($52.98) in this cause, being a civil penalty of Fifty Dollars ($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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-3181-036 C & L Indiana PAC

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was Fifty Two Dollars and Ninety Eight Cents ($52.98), being Fifty Dollars ($50) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on January 20, 1999 at 1:54 p.m.), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had not previously appeared before the Commission concerning a delinquent campaign finance report. Ms. Thompson said that Commission members had received a copy of a letter dated March 11, 1999 from Mr. William B. Sharkey of PricewaterhouseCoopers LLP to Ms. Christie concerning this matter. A copy of this letter is incorporated by reference in these minutes.

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and (2) assess a civil penalty of Fifteen Dollars and Forty Eight Cents ($15.48) in this cause, being a civil penalty of Twelve Dollars and Fifty Cents ($12.50), 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4403-037 Clay for the Legislature Committee

Cause 99-2059-038 First Chicago NBD Corporation State PAC

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was Fifty Two Dollars and Ninety Eight Cents ($52.98), being Fifty Dollars ($50) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on January 20, 1999 at 2:25 p.m.), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had not previously appeared before the Commission concerning a delinquent campaign finance report. Ms. Thompson said that Commission members had received a copy of a letter dated March 18, 1999 from Ms. Joan Grossman, First Vice-President and Legal Counsel, First National Bank of Chicago, to Ms. Potesta concerning this matter. A copy of this letter is incorporated by reference in these minutes.

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There being no further discussion, Mr. Mathies 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 Fifteen Dollars and Forty Eight Cents ($15.48) in this cause, being a civil penalty of Twelve Dollars and Fifty Cents ($12.50), 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4030-039 Committee to Elect Tiny Adams State Representative

For discussion purposes, Mr. Mathies moved that the Commission assess a civil penalty of Fifty Two Dollars and Ninety Eight Cents ($52.98) in this cause, being a civil penalty of Fifty Dollars ($50), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division.

The chair recognized Ms. Miller, who stated that she believed that the Commission should be consistent with regard to its consideration of this state legislator's obligations to attend sessions during the course of this meeting in the same manner that it had considered Representative Avery and Representative Foley earlier. The chair noted that unlike those legislators, this committee had appeared before the Commission before. Ms. Miller asked if a civil penalty of fifty percent (50%) of the proposed amount would be consistent in this case rather than imposing the full recommended penalty.

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With the unanimous consent of the Commission, Mr. Mathies amended his motion to state 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 Seven Dollars and Ninety Eight Cents ($27.98) in this cause, being 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. Mr. Cruea seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4062-040 Rod Sniadecki for State Senate

Mr. Mathies moved, seconded by Mr. Cruea, that the Commission assess a civil penalty of Fifty Two Dollars and Ninety Eight Cents ($52.98) in this cause, being a civil penalty of Fifty Dollars ($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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-3266-041 Citizens for John Ruckleshaus

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was Fifty Two Dollars and Ninety Eight Cents ($52.98), being Fifty Dollars ($50) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on January 20, 1999 at 3:20 p.m.), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had not previously appeared before the Commission concerning a delinquent campaign finance report. Ms. Thompson said that Commission members had received a copy of a letter dated March 18, 1999 from Mr.

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Needham R. Hurst, treasurer of this committee, to Ms. Potesta concerning this matter. A copy of this letter is incorporated by reference in these minutes.

For purposes of discussion, Mr. Mathies moved that the Commission waive the proposed penalty in this cause. In response to a question from Mr. Mathies concerning the Indy Express receipt referred to in this letter, Ms. Thompson stated that this receipt had been signed at 3:20 p.m. by Candy Mays, an employee of the Election Division. Mr. Perkins stated that this was distinguished from the previous case involving an issue with a courier since it appeared from the receipt that the report may not have been delivered to the courier until after the noon deadline. Mr. Mathies noted that unlike the previous case, there was no record on the receipt to document this information.

In response to a question from Mr. Perkins, Ms. Thompson and Ms. Potesta stated that this committee had not provided any additional information concerning when this report was delivered by the committee to the courier.

With the unanimous consent of the Commission, Mr. Mathies amended his motion to state 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 Fifteen Dollars and Forty Eight Cents ($15.48) in this cause, being a civil penalty of Twelve Dollars and Fifty Cents ($12.50), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division. Mr. Cruea seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4124-042 Washington for State Senate

Indiana Election Commission Minutes

March 25, 1999

With the unanimous consent of the Commission, Mr. Mathies amended his motion to state 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 Seven Dollars and Ninety Eight Cents ($27.98) in this cause, being 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4126-043 Kern for Senate

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was Fifty Two Dollars and Ninety Eight Cents ($52.98), being Fifty Dollars ($50) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on January 21, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had previously appeared before the Commission concerning a delinquent 1997 annual campaign finance report. She added that Commission members had received a copy of a letter dated January 21, 1999 from Mr. Kenneth C. Kern, the candidate, concerning this matter. A copy of this letter is incorporated by reference in these minutes.

Indiana Election Commission Minutes

March 25, 1999

There being no further discussion, 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 Twenty Seven Dollars and Ninety Eight Cents ($27.98) in this cause, being 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-0782-044 Indianapolis Chamber of Commerce PAC

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was Fifty Two Dollars and Ninety Eight Cents ($52.98), being Fifty Dollars ($50) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on January 21, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had not previously appeared before the Commission concerning a delinquent campaign finance report. She added that Commission members had received a copy of a letter dated March 17, 1999 from Mr. Roland Dorson, Executive Vice-President of the Indianapolis Chamber of Commerce to Mr. Cruea, concerning this matter. A copy of this letter is incorporated by reference in these minutes.

There being no further discussion, 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 Fifteen Dollars and Forty Eight Cents ($15.48) in this cause, being a civil penalty of Twelve Dollars and Fifty Cents ($12.50), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division. Mr. Cruea seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Indiana Election Commission Minutes

March 25, 1999

Cause 99-1400-046 Friends of Charlie Brown

For purposes of discussion, Mr. Cruea moved that the Commission assess a civil penalty of Fifty Two Dollars and Ninety Eight Cents ($52.98) in this cause, being a civil penalty of Fifty Dollars ($50), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division.

The chair recognized Mr. Mathies, who stated that he believed that the Commission should be consistent with regard to its consideration of this state legislator's obligations to attend sessions during the course of this meeting in the same manner that it had considered the imposition of civil penalties against the committees for Senator Washington, Representative Adams, Representative Avery, and Representative Foley earlier. The chair noted that this committee had not appeared before the Commission before.

With the unanimous consent of the Commission, Mr. Cruea amended his motion to state 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 Fifteen Dollars and Forty Eight Cents ($15.48) in this cause, being a civil penalty of Twelve Dollars and Fifty Cents ($12.50), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division. Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-3433-048 Foot Support PAC

Indiana Election Commission Minutes

March 25, 1999

Election Division on January 21, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had previously appeared before the Commission concerning a delinquent 1996 annual and a delinquent 1997 annual campaign finance report.

Mr. Cruea moved, seconded by Mr. Mathies, that the Commission assess a civil penalty of Fifty Two Dollars and Ninety Eight Cents ($52.98) in this cause, being a civil penalty of Fifty Dollars ($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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-3512-049 Committee to Elect Ron Tabaczynski

Cause 99-3782-50 Committee to Elect John Kimmel

Indiana Election Commission Minutes

March 25, 1999

Election Division on January 21, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had not previously appeared before the Commission concerning a delinquent campaign finance report. She added that the Election Division had received a letter dated March 21, 1999 from Ms. Nancy J. Kimmel, chairman of this committee, concerning this matter. A copy of this letter is incorporated by reference in these minutes.

The chair noted that the letter from Ms. Kimmel indicated that the notice sent by the Election Division indicating when the report was due, stated that the filing deadline date was Friday, January 20, 1999.

Mr. Cruea moved, seconded by Mr. Mathies, 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) dismiss this cause and not assess any civil penalty or costs. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-3790-051 Candy Marendt for State Representative

Indiana Election Commission Minutes

March 25, 1999

Cause 99-4047-052 Alliance for Quality Schools

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was Fifty Two Dollars and Ninety Eight Cents ($52.98), being Fifty Dollars ($50) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on January 21, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had not previously appeared before the Commission concerning a delinquent campaign finance report. She added that Commission members had received a copy of a letter dated March 17, 1999 from Mr. Roland Dorson, Executive Vice-President of the Indianapolis Chamber of Commerce to Mr. Cruea, concerning this matter. A copy of this letter is incorporated by reference in these minutes.

There being no further discussion, 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 Fifteen Dollars and Forty Eight Cents ($15.48) in this cause, being a civil penalty of Twelve Dollars and Fifty Cents ($12.50), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division. Mr. Cruea seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4326-053 Committee to Elect Danny White

Mr. Cruea moved, seconded by Ms. Miller, that the Commission assess a civil penalty of Fifty Two Dollars and Ninety Eight Cents ($52.98) in this cause, being a civil penalty of Fifty Dollars

Indiana Election Commission Minutes

March 25, 1999

($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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-3712-054 Committee to Elect Fred Wenger

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was Fifty Two Dollars and Ninety Eight Cents ($52.98), being Fifty Dollars ($50) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on January 21, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had not previously appeared before the Commission concerning a delinquent campaign finance report. She added that Commission members had received a copy of a letter dated March 15, 1999 from Mr. Fredrick W. Wenger, former Indiana State Representative, concerning this matter. A copy of this letter is incorporated by reference in these minutes.

There being no further discussion, Mr. Cruea moved, seconded by Ms. Miller, 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 Fifteen Dollars and Forty Eight Cents ($15.48) in this cause, being a civil penalty of Twelve Dollars and Fifty Cents ($12.50), plus Two Dollars and Ninety Eight Cents ($2.98) in investigative costs properly documented by the Election Division. Mr. Cruea seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4415-055 Monroe County Building Association PAC

Indiana Election Commission Minutes

March 25, 1999

Mr. Cruea moved, seconded by Ms. Miller, that the Commission assess a civil penalty of Fifty Two Dollars and Ninety Eight Cents ($52.98) in this cause, being a civil penalty of Fifty Dollars $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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-0349-56 Indiana Credit Union PAC

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was One Hundred Two Dollars and Ninety Eight Cents ($102.98), being One Hundred Dollars ($100) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on January 22, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had not previously appeared before the Commission concerning a delinquent campaign finance report. She added that the Election Division had received a letter dated March 11, 1999 from Ms. Millie Cox, assistant treasurer of this committee, concerning this matter. A copy of this letter is incorporated by reference in these minutes.

The chair noted that the letter from Ms. Cox indicated that the notice sent by the Election Division indicating when the report was due, stated that the filing deadline date was Friday, January 20, 1999.

Mr. Cruea moved, seconded by Ms. Miller, 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) dismiss this cause and not assess any civil penalty or costs. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-2063-57 Muncie Firefighters PAC

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was One Hundred Two Dollars and Ninety Eight Cents ($102.98), being One Hundred Dollars ($100) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on January 22, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had not previously appeared before the Commission concerning a delinquent campaign finance report. She added that the Election Division had received a facsimile transmission on March 24, 1999, from Mr. Chris Spencer, concerning this matter. A copy of this document is incorporated by reference in these minutes.

The chair noted that the letter from Mr. Spencer indicated that the notice sent by the Election Division indicating when the report was due, stated that the filing deadline date was Friday, January 20, 1999.

Cause 99-3360-058 Citizens for Life PAC

Indiana Election Commission Minutes

March 25, 1999

For purposes of discussion, Mr. Cruea moved, seconded by Mr. Perkins, that the Commission assess a civil penalty of One Hundred Two Dollars and Ninety Eight Cents ($102.98) in this cause, being a civil penalty of One Hundred Dollars ($100), 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-3608-59 Indiana Pharmacists Action Committee

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was One Hundred Two Dollars and Ninety Eight Cents ($102.98), being One Hundred Dollars ($100) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on January 22, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had previously appeared before the Commission concerning a delinquent 1996 pre-primary campaign finance report and a delinquent 1997 annual campaign finance report. She added that the Election Division had received letters dated January 22, 1999 and March 18, 1999 from Mr. Lawrence J. Sage, treasurer of this committee, concerning this matter. A copy of these documents are incorporated by reference in these minutes.

The chair noted that the letter from Mr. Sage indicated that the notice sent by the Election Division indicating when the report was due, stated that the filing deadline date was Friday, January 20, 1999.

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) dismiss this cause and not assess any civil penalty or costs. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Indiana Election Commission Minutes

March 25, 1999

Cause 99-3789-060 Committee to Elect David Lohr

The chair asked if there was any person present to speak on behalf of this committee. There being no response and no further testimony, Mr. Cruea moved that the hearing in this cause be closed. The Commission adopted this motion by consent. The chair stated that he had spoken with former State Representative Lohr before the meeting and had advised him that the Commission customarily reduced proposed civil penalties by fifty percent (50%) in causes similar to this one, and that if this result was acceptable, Mr. Lohr did not need to attend today's meeting.

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 Fifty Two Dollars and Ninety Eight Cents ($52.98) in this cause, being a civil penalty of Fifty Dollars ($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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4090-061 Citizens for Anthony V. Underly

Indiana Election Commission Minutes

March 25, 1999

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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4162-63 Baker 96

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was One Hundred Two Dollars and Ninety Eight Cents ($102.98), being One Hundred Dollars ($100) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on January 22, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had previously appeared before the Commission concerning a delinquent 1996 annual campaign finance report and concerning a delinquent 1997 annual campaign finance report.

Mr. Cruea moved, seconded by Mr. Perkins, that the Commission assess a civil penalty of One Hundred Two Dollars and Ninety Eight Cents ($102.98) in this cause, being a civil penalty of One Hundred Dollars ($100), 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4170-064 The Committee to Elect Mark Struble for State Representative

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was One Hundred Two Dollars and Ninety Eight Cents ($102.98), being One Hundred Dollars ($100) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on January 22, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had previously appeared before the Commission concerning a delinquent 1996 annual campaign finance report, and that this committee had closed on January 22, 1999.

Indiana Election Commission Minutes

March 25, 1999

Mr. Cruea moved, seconded by Mr. Perkins, that the Commission assess a civil penalty of One Hundred Two Dollars and Ninety Eight Cents ($102.98) in this cause, being a civil penalty of One Hundred Dollars ($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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4257-065 Committee to Elect John Steinkamp

Mr. Cruea moved, seconded by Mr. Perkins, that the Commission assess a civil penalty of One Hundred Two Dollars and Ninety Eight Cents ($102.98) in this cause, being a civil penalty of One Hundred Dollars ($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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-3258-067 Primerica Financial Services Indiana PAC

Indiana Election Commission Minutes

March 25, 1999

The chair noted that the letter indicated that this committee had sent its report late on Friday, January 22, 1999 by Airborne Express, with next day service, but that the Election Division did not receive the report until January 25.

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 Sixty Five Dollars and Forty Eight Cents ($65.48) in this cause, being a civil penalty of Sixty Two Dollars and Fifty Cents ($62.50), 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-1250-070 Indiana Naral PAC

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was Three Hundred Two Dollars and Ninety Eight Cents ($302.98), being Three Hundred Dollars ($300) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on January 26, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had previously appeared before the Commission concerning a delinquent 1996 pre-primary report, and concerning a delinquent 1996 annual report.

Mr. Perkins moved, seconded by Mr. Cruea, that the Commission assess a civil penalty of Three Hundred Two Dollars and Ninety Eight Cents ($302.98) in this cause, being a civil penalty of Three Hundred Dollars ($300), 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Indiana Election Commission Minutes

March 25, 1999

Cause 99-3922-071 Indiana Propane Education PAC

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was Three Hundred Two Dollars and Ninety Eight Cents ($302.98), being Three Hundred Dollars ($350) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on January 26, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had previously appeared before the Commission concerning a delinquent 1996 pre-primary report, and concerning a delinquent 1996 annual report.

Cause 99-4031-072 Elizabeth Stanley for State Representative

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was Three Hundred Fifty Two Dollars and Ninety Eight Cents ($352.98), being Three Hundred Fifty Dollars ($350) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on January 26, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had previously appeared before the Commission concerning a delinquent 1996 annual report.

Mr. Perkins moved, seconded by Mr. Cruea, that the Commission assess a civil penalty of Three Hundred Fifty Two Dollars and Ninety Eight Cents ($352.98) in this cause, being a civil penalty of Three Hundred Fifty Dollars ($350), 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Indiana Election Commission Minutes

March 25, 1999

Cause 99-1538-075 International Brotherhood of Painters & Allied Trades PAC

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was One Thousand Two Dollars and Ninety Eight Cents ($1,002.98), being One Thousand Dollars ($1,000) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on February 17, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had previously appeared before the Commission concerning a delinquent 1995 annual report, 1996 pre-primary report, 1997 annual report, and 1998 pre-primary report. She added that the Election Division had received a letter dated March 3, 1999 from Mr. James A. Williams, treasurer of this committee. A copy of this letter is incorporated by reference in these minutes.

Mr. Perkins moved, seconded by Mr. Cruea, that the Commission assess a civil penalty of One Thousand Two Dollars and Ninety Eight Cents ($1,002.98) in this cause, being a civil penalty of One Thousand Dollars ($1,000), 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-1728-076 Jones for State Representative

Indiana Election Commission Minutes

March 25, 1999

discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-3362-077 Hoosiers for Dwayne Brown

Cause 99-3890-079 Marshall for State Representative

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was One Thousand Two Dollars and Ninety Eight Cents ($1,002.98), being One Thousand Dollars ($1,000) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on February 17, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had not previously appeared before the Commission concerning a delinquent report. She added that the Election Division had received a letter dated February 17, 1999 from Mr. Anthony Craney, treasurer of this committee. A copy of this letter is incorporated by reference in these minutes.

Indiana Election Commission Minutes

March 25, 1999

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 Two Hundred Fifty Two Dollars and Ninety Eight Cents ($252.98) in this cause, being a civil penalty of Two Hundred Fifty Dollars ($250.00), 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-3996-080 Friends of Steve Johnson

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 Five Hundred Two Dollars and Ninety Eight Cents ($502.98) in this cause, being a civil penalty of Five Hundred Dollars ($500.00), 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4001-081 Barnard for State Representative

Indiana Election Commission Minutes

March 25, 1999

appeared before the Commission concerning a delinquent 1996 annual report and a delinquent 1997 annual report.

Cause 99-4009-082 Gary Reding for Indiana Senate

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was One Thousand Two Dollars and Ninety Eight Cents ($1,002.98), being One Thousand Dollars ($1,000) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on February 9, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had not previously appeared before the Commission concerning a delinquent report. She added that the Election Division had received a letter dated March 19, 1999 from Mr. Gary Reding, chairman of this committee. A copy of this letter is incorporated by reference in these minutes.

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 Two Hundred Fifty Two Dollars and Ninety Eight Cents ($252.98) in this cause, being a civil penalty of Two Hundred Fifty Dollars ($250.00), 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Indiana Election Commission Minutes

March 25, 1999

Cause 99-4033-083 Friends of Sam Shoemaker for State Representative

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was One Thousand Two Dollars and Ninety Eight Cents ($1,002.98), being One Thousand Dollars ($1,000) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on February 9, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had not previously appeared before the Commission concerning a delinquent report. She added that the Election Division had received a letter dated February 12, 1999 from Ms. Jane Ann Runyon, treasurer of this committee, and that this committee had closed on February 9, 1999. A copy of this letter is incorporated by reference in these minutes.

Mr. Cruea moved, seconded by Ms. Miller, 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 Fifty Two Dollars and Ninety Eight Cents ($252.98) in this cause, being a civil penalty of Two Hundred Fifty Dollars ($250.00), 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

The chair recognized Mr. King, who noted that Mr. John Coldren had arrived following the Commission's vote in this cause, and was requesting to be heard on behalf of the candidate. Mr. King stated that before today's meeting he had been contacted by Mr. Coldren regarding this cause, and that he had pessimistically assured Mr. Coldren that the Commission's campaign finance enforcement hearings would continue after noon. He noted that due to the Commission's diligence and the relatively small number of persons attending the hearings, Mr. Coldren may have been unfairly denied an opportunity to present some information to the Commission concerning this matter. He stated that while he was glad Mr. Coldren did not have to wait, he did not wish to deny him his opportunity to present information concerning Mr. Shoemaker. Mr. King apologized to Mr. Coldren and the Commission for this inadvertent result.

The chair advised Mr. Coldren that the proposed civil penalty in this matter had been reduced to Two Hundred Fifty Two Dollars and Ninety Eight Cents ($252.98). Mr. Coldren requested the opportunity to present information on behalf of waiving the penalty entirely. In response to a question from Mr. Perkins, Mr. King stated that the Commission could reopen the hearing in this

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cause and then, based on the information presented, act on a Motion to Reconsider if this was the will of the Commission.

Mr. Mathies moved, seconded by Mr. Perkins, that the Commission reopen the hearing in this cause. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Mr. King administered the oath to Mr. Coldren. The chair then recognized Mr. Coldren, who stated that he had encouraged Mr. Shoemaker to run as a candidate for election to this Indiana House seat, and noted that Mr. Coldren had previously held during the 1970's. Mr. Coldren said that when Mr. Shoemaker ran in the 1996 election, he formed his candidate committee and appointed the Jay County Auditor as his committee's treasurer. Mr. Coldren said that Mr. Shoemaker was then the assistant principal of Jay County High School, and remains a school employee today. Mr. Coldren stated that at the time of the election, Mr. Shoemaker's wife, who was aged 53, was in remission from cancer, and encouraged Mr. Shoemaker to run. He added that following Mr. Shoemaker's defeat in the election, Mr. Shoemaker considered another run for this office, but decided not to do so since his wife's cancer had returned.

Mr. Coldren said that the report showed no further activity by the committee after the 1996 general election, and that after all committee debts were paid, the remaining balance in committee funds was transferred to two county central committees in Jay County and Randolph County. He said that the campaign committee treasurer did subsequently file a report showing that the committee had a balance of zero dollars. Ms. Thompson stated that the committee treasurer had checked the wrong box on the report, so that the report did not show the committee as disbanded.

Mr. Coldren said the committee had committed no further violations.

Mr. Coldren remarked that due to his wife's illness, the status of this committee was not high on Mr. Shoemaker's radar screen. He stated that, based on the fact that there was no intent to circumvent the law, and since the committee treasurer had submitted a letter stating that she had checked the wrong box on the report, he requested that the Commission consider waiving the civil penalty in this cause. Mr. Coldren said that the committee had filed a corrected report after receiving notice of this matter. The chair noted that the treasurer had checked the "outgoing treasurer" box on the report, which he understood might have been checked because the committee was disbanding.

In response to a question from the chair concerning the Commission's procedural options, Mr. King stated that the Commission should first consider the adoption of a Motion to Reconsider, and if the Motion was adopted, the Commission could then vote to impose whatever civil penalty it considered appropriate, or to waive the civil penalty. In response to a question from Mr. Mathies, Mr. King stated that since the Commission had reopened the hearing in this matter, it

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would be appropriate for the Commission to again close the hearing in this cause.

The chair recognized Ms. Miller, who asked whether this case resembled that of Representative Mae Dickinson's committee, in which the Commission had voted to impose a civil penalty in a reduced amount at a previous meeting, and that the Commission had then decided to not reconsider the imposition of the penalty. The chair responded that those facts were correct, but that this might be a different case since the committee had been closed and the treasurer had marked the wrong box in filing the report, whereas Representative Dickinson's committee is still open. In response to a question from Ms. Miller, the chair responded that Representative Dickinson had stated in her letter that the Black Legislative Caucus committee was considering disbanding, but had not yet done so.

Ms. Miller asked if either the "Outgoing Treasurer" or the "Final/Disbands" box had been checked on Representative Dickinson's report for the Black Legislative Caucus committee. She said it was important for the Commission to be consistent in these cases. The chair noted that this report had been marked only as an "annual" report.

Mr. Cruea moved, seconded by Mr. Mathies, that the Commission close the hearing in this cause. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

In response to a question from Mr. Mathies, the chair stated that he recalled at least a couple of cases in which the Commission had imposed a civil penalty on a committee with no funds, and that the committee had then appeared before the Commission and were advised that if the committee were closed, the Commission would reconsider the imposition of a civil penalty. Ms. Thompson and Mr. King stated that at the last Commission meeting, the Commission had imposed a reduced civil penalty against the D'Amico for State Representative committee subject to the candidate closing the committee on that day. They added that although the committee had been closed, the Commission had not waived the penalty entirely. The chair stated that the Commission should be consistent in this regard.

The chair noted that since no Commission member had made a Motion to Reconsider, the civil penalty imposed earlier in this cause would stand, and that the committee would receive a notice setting a deadline for payment within thirty days after mailing the notice. Mr. Coldren asked if this civil penalty were to be paid by a county central committee, would that result in the reactivation of this candidate's committee. The chair assured Mr. Coldren that the committee would not be reactivated as a result, but advised him that the county committees must report the transfer.

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Cause 99-4016-084 Committee to Elect Glenda Hampton

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was One Thousand Two Dollars and Ninety Eight Cents ($1,002.98), being One Thousand Dollars ($1,000) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on March 18, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had previously appeared before the Commission concerning a delinquent 1996 pre-primary report. She added that the Election Division had received a facsimile transmission dated March 16, 1999 from Ms. Glenda B. Hampton, chairman of this committee, and that this committee had closed on March 18, 1999. A copy of this letter is incorporated by reference in these minutes.

Mr. Cruea moved, seconded by Ms. Miller, 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 Five Hundred Two Dollars and Ninety Eight Cents ($502.98) in this cause, being a civil penalty of Five Hundred Dollars ($500.00), 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4018-085 Maintaining Our Neighborhoods

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Mr. Cruea moved, seconded by Ms. Miller, that the Commission assess a civil penalty of One Thousand Two Dollars and Ninety Eight Cents ($1,002.98) in this cause, being a civil penalty of One Thousand Dollars ($1,000), 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4037-086 Committee to Elect Pucalik

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was Eight Hundred Two Dollars and Ninety Eight Cents ($802.98), being Eight Hundred Dollars ($800) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on February 5, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had not previously appeared before the Commission concerning a delinquent report. She added that the Election Division had received a three page letter dated February 5, 1999 from Ms. Kay R. Pucalik, treasurer of this committee, and that this committee had closed on February 8, 1999. A copy of this letter is incorporated by reference in these minutes.

The chair noted that the United States Postal Service express mail delivery slip enclosed with this letter indicated that the Postal Service attempted to deliver this report to the Election Division on Saturday, January 23, 1999, and that after it failed to do so, the Postal Service returned the report to the sender in Highland, Indiana. He indicated that this would account for a part of the delay in the committee's filing the report.

Mr. Cruea moved, seconded by Ms. Miller, 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 Two Dollars and Ninety Eight Cents ($52.98) in this cause, being 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

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Cause 99-4075-087 Ethics in Government In Care of Greg Lawson

Cause 99-4105-088 Citizens for Chochos

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was One Thousand Two Dollars and Ninety Eight Cents ($1,002.98), being One Thousand Dollars ($1,000) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which has not yet been filed with the Election Division), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had previously appeared before the Commission concerning a delinquent 1996 pre-primary report and a delinquent 1997 annual report.

Mr. Cruea moved, seconded by Mr. Perkins, that the Commission assess a civil penalty of One Thousand Two Dollars and Ninety Eight Cents ($1,002.98) in this cause, being a civil penalty of One Thousand Dollars ($1,000), 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.

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Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4265-090 Evans for House District 94

Cause 99-4266-091 Friends of Rod Putt

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was One Thousand Two Dollars and Ninety Eight Cents ($1,002.98), being One Thousand Dollars ($1,000) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on March 18, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had not previously appeared before the Commission concerning a delinquent report. She added that the Election Division had received a letter dated March 16, 1999 from Mr. Jonathan J. Myers of Myers Tison Hockemeyer & McNagny, concerning this matter. A copy of this letter is incorporated by reference in these minutes.

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Mr. Cruea moved, seconded by Ms. Miller, 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 Fifty Two Dollars and Ninety Eight Cents ($252.98) in this cause, being a civil penalty of Two Hundred Fifty Dollars ($250.00), 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4281-092 Secrest for Indiana

Cause 99-4309-093 Schrenker for State Representative

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was One Thousand Two Dollars and Ninety Eight Cents ($1,002.98), being One Thousand Dollars ($1,000) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which was filed with the Election Division on March 24, 1999), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had previously appeared before the Commission concerning a delinquent 1998 pre-primary report. She added that the Election Division had received a facsimile transmission dated March 24, 1999 from

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Mr. Paul A. Schrenker, chairman of this committee, and that this committee had closed on March 24, 1999. A copy of this document is incorporated by reference in these minutes.

Mr. Mathies 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 Five Hundred Two Dollars and Ninety Eight Cents ($502.98) in this cause, being a civil penalty of Five Hundred Dollars ($500.00), 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4332-094 Reynolds for State Representative

Mr. Mathies moved, seconded by Mr. Cruea, that the Commission assess a civil penalty of One Thousand Two Dollars and Ninety Eight Cents ($1,002.98) in this cause, being a civil penalty of One Thousand Dollars ($1,000), 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

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Cause 99-4341-095 Allamong for State Representative

Cause 99-4357-096 Wilson for State Representative

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was One Thousand Two Dollars and Ninety Eight Cents ($1,002.98), being One Thousand Dollars ($1,000) for a delinquent 1998 annual report (which was due by noon January 20, 1999, and which has not yet been filed with the Election Division), and Two Dollars and Ninety Eight Cents ($2.98) in certified mail costs. Ms. Thompson stated that this committee had previously appeared before the Commission concerning a delinquent statement of organization and a delinquent 1998 pre-primary report.

discussion, the chair called the question, and declared that with four members voting "aye" (Mr.

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Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4370-098 Campaign for Hoosier Families

Mr. Mathies moved, seconded by Mr. Perkins, that the Commission assess a civil penalty of One Thousand Two Dollars and Ninety Eight Cents ($1,002.98) in this cause, being a civil penalty of One Thousand Dollars ($1,000), 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. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

Cause 99-4372-099 Committee to Elect Dan Steward

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discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

The chair recognized Ms. Thompson, who stated that only one regular party committee appeared to have missed the March 1, 1999 filing deadline for campaign finance reports, and that this cause would be presented to the Commission at its next meeting. The chair thanked Ms. Thompson and Ms. Potesta for their work in preparing for these hearings.

11. CO-DIRECTORS' REPORT:

A. REMARKS BY CO-DIRECTOR CHRISTIE:

The chair recognized Ms. Christie, who reported that she had received a telephone call yesterday from the Marion County Circuit Court Clerk's office regarding correspondence she received earlier which she had passed on to the Co-General Counsels. Ms. Christie stated that Marion County is interested in conducting a test election using an automatic tabulating system for optical scan ballots. She remarked that when Marion County had contacted her several months ago concerning this matter, she had advised them that although in earlier years state law had authorized counties to conduct test elections of this sort, current law did not allow it. She added she had advised that under mitigating circumstances the Commission might allow the testing of equipment for which (as she thought at the time) the vendor had submitted an application to the Commission for approval.

Ms. Christie stated that Marion County, for whatever reason, had assumed that merely filing this letter with the Election Division provided sufficient authorization to use the automatic tabulating system at the upcoming primary election. She said that she had advised them by telephone yesterday that this filing did not give the County authority to use this tabulating system under current Indiana law. Ms. Christie remarked that Commission members might receive contacts from Marion County regarding this matter, and that it was in no way a dispute between the political parties, and that instead there was unanimous agreement on the County Election Board that both county chairmen and all the Election Board members would like to proceed with using this system.

Ms. Christie noted that Election Systems & Software (ES&S) was the vendor providing this system, which ES&S had acquired as a result of its merger with American Information Systems (AIS). She stated that the tabulator has already been certified by Wyle Laboratories and Nichols Research, but that an application for the system's marketing and use in Indiana has not yet been filed with the Election Division. She concluded that Marion County would study this matter

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further, and might request that the Commission conduct a meeting to consider this matter in the near future.

Ms. Christie added that Commission members had also received a copy of the Election Express newsletter published by the Election Division. A copy of this document is incorporated by reference in these minutes.

B. REMARKS BY CO-DIRECTOR VALENTINE:

The chair recognized Mr. Valentine, who stated that he wished to thank the two proxy members for their service today on very short notice. He added that he knew Commission members and Election Division staff wanted their best wishes to go out to Commissioner Long, who is ill and not able to travel. Mr. Mathies stated that Mr. Long's illness was not serious at this point, but that his doctors did not advise him to travel.

Mr. Valentine said that he wished to thank Commission members for their patience and his Co-Director and Election Division staff members for their helpfulness.

12. OTHER BUSINESS:

A. ORDER 1999-25; APPROVAL OF NEW OR REVISED ABSENTEE BALLOT, CANDIDATE, INDIANA ELECTION DIVISION, PRECINCT, AND VOTER REGISTRATION FORMS:

The chair recognized Mr. King, who noted that Commission members had received the following documents: (1) a copy of proposed Order 1999-25; and (2) a certification dated March 11, 1999 by himself and Ms. Robertson concerning the distribution of previously approved Commission forms to local election and voter registration officials, as well as to state party committees and voting system vendors. Copies of these documents are incorporated by reference in these minutes.

Mr. King indicated that several of these revisions were brought forward by Forms Management Division of the Commission on Public Records to correct minor design flaws in previous versions of the forms. He added that several other forms were being updated for use in the 2000 election process. Mr. King stated that the most significant change under this Order would be to the ABS-7 absentee ballot security envelope, based on helpful comments from several county users and vendors. He noted that a mailer was not necessary for the reverse side of this form, and that this revision will reduce printing costs for counties. Mr. King remarked that the Order contains a provision specifying that any existing ABS-7 forms may still be used during 1999, notwithstanding the Commission's approval of this Order.

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Mr. King added that the NVRA voter registration tracking report form (VRG-5) had been revised to track for the first time registration applications submitted on forms through the Indiana Department of Revenue, and also requesting that county voter registration offices specify how many voters are "active" and "inactive" in the county.

After Commission members reviewed Order 1999-25, Mr. Cruea moved, seconded by Mr. Perkins, that Order 1999-25 be adopted as presented. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

B. APPROVAL OF FORM VARIATIONS REQUESTED BY HAMILTON COUNTY ELECTION BOARD:

The chair recognized Mr. King, who noted that Commission members had been provided with a copy of a variation on the ABS-1 absentee ballot application submitted by the Hamilton County Circuit Court Clerk. A copy of this document is incorporated by reference in these minutes.

Mr. King recalled that the Commission had previously approved variations of the ABS-1 for use in Marion County. He said that the information to be filled in on this application form has a layout similar to that of a data entry screen. He reported that the Clerk had discussed this matter with her county election board members, and that the Board wished to use this form in conjunction with its existing computer software program for absentee ballot applications.

After Commission members reviewed the attached form, Mr. Cruea moved, seconded by Mr. Perkins, that the ABS-1 form variation requested by the Hamilton County Election Board be approved as presented for use in Hamilton County. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted.

C. DESIGNATION OF REGULARLY SCHEDULED MEETING DATES:

The chair stated that this item would be postponed until all four Commission members were present.

D. LAKE COUNTY PAYMENTS TO PRECINCT ELECTION WORKERS:

The chair said that he had received complaints concerning the method by which Lake County pays its precinct election workers. He stated that he was told that the County send checks to the inspector to pay for the voting place and for the inspector to pay the precinct election workers, and that as a result some workers are not being paid. The chair stated that Marion County issues a check directly to each precinct election worker. The chair recognized Mr. King, who stated that

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this issue had been raised in the past, and had been brought to the attention of the State Board of Accounts. The chair requested that the Election Division follow up on this matter with the Board of Accounts and report back to the Commission at its next meeting.

E. DISPOSITION OF FUNDS BY CANDIDATES WISHING TO DISBAND A COMMITTEE:

In response to a question from the chair, Mr. King stated that a candidate's committee could disburse funds upon disbanding the committee to any entity with 501(c)(3) tax exempt status.

F. UNOPPOSED MUNICIPAL PRIMARY COUNCIL CANDIDATES:

In response to a question from the chair, Mr. King stated that whether or not a city or large town is required to conduct a municipal primary when there are no unopposed candidates for a citywide office depends on whether or not only voters within a city council district may vote for the nominees to the office, or whether all of the voters in the city could do so. Mr. King said that in the November municipal election it would be clear under current law that if only the voters residing in the council district may vote for the candidates, the election would not have to be conducted in the entire city. He added that the law regarding this situation in the municipal primaries was not as clear, but that legislation was pending to clarify this statute to make this provision consistent with the law governing the municipal election.

Mr. King stated that in addition to Lafayette, the same question had arisen in the City of Richmond, and that the Wayne County Election Board had voted to conduct the municipal primary only within the city council district involved. Mr. King added that the County Election Board in this situation had also voted to not place the names of unopposed candidates for citywide office on the ballot used within that city council district. He noted that even within that city council district the County Election Board may face the question of whether to print the name of an unopposed candidate for the nomination of the other major political party on the ballot in that city council district.

The chair noted that in the City of Greencastle, the Putnam County Election Board had decided not to print the names of unopposed candidates on the primary ballot. Mr. King stated that this decision was in conformity with state law so long as neither major political party county chairman wishes for the names of the unopposed candidates to be printed on the ballot.

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13. ADJOURNMENT:

There being no further business to come before the Commission, Mr. Perkins moved, seconded by Mr. Cruea, that the Commission do now adjourn. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mathies, Ms. Miller, and Mr. Perkins), and no member voting "nay", the motion was adopted. The Commission then adjourned at 1:18 p.m.

Respectfully submitted,

_________________________ _________________________

Laurie P. Christie, Spencer Valentine,

Co-Director Co-Director

APPROVED,

_________________________

Dudley R. Cruea, Chair