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Indiana Election Division

Election Division > Election Commission > Archived IEC Minutes > 1997 Archived IEC Minutes > February 1997 Meeting Minutes Meeting Minutes

INDIANA ELECTION COMMISSION MINUTES

FEBRUARY 25, 1997

Table of Contents

  1. CALL TO ORDER AND OPENING REMARKS BY THE CHAIR
  2. INTRODUCTORY REMARKS BY SECRETARY OF STATE SUE ANNE GILROY
  3. APPROVAL OF JUNE 10, 1996 AND AUGUST 19, 1996 MINUTES:
  4. ORDER 1997-01 (PROCEDURE FOR CONSIDERATION OF MOTIONS FOR A CONTINUANCE)
  5. CAMPAIGN FINANCE ENFORCEMENT
  6. VOTING SYSTEM CERTIFICATION APPLICATIONS
  7. ELECTION AND REGISTRATION FORMS
  8. LITIGATION UPDATE
  9. ELECTION DIVISION STAFF CHANGES
  10. ELECTION LEGISLATION UPDATE
  11. COUNTY NVRA IMPLEMENTATION PLANS
  12. BLOCK BOUNDARY SUGGESTION PROJECT
  13. ST. JOSEPH COUNTY PRECINCTS
  14. ADJOURNMENT

MEMBERS PRESENT: Jeffery M. Mallamad (Chairman of the Indiana Election Commission [IEC]); Dudley Cruea (Vice-Chairman); Butch Morgan; Joseph M. Perkins, Jr.

MEMBERS ABSENT: None

STAFF ATTENDING: Carole M. Casto, Acting Co-Director, Election Division, Office of the Indiana Secretary of State ("Election Division"), Laurie P. Christie, Co-Director, Election Division; J. Bradley King, Co-General Counsel, IEC and Election Division; Kristi Robertson, Co-General Counsel, IEC and Election Division; Kathy Koehler, NVRA Coordinator, Election Division; Michelle Thompson, Election Division Campaign Finance.

ALSO ATTENDING: The Honorable Sue Anne Gilroy, Indiana Secretary of State; The Honorable Claire M. Leuck, State Representative; the Honorable Gregory W. Porter, State Representative; former State Representative and Speaker Michael K. Phillips; former State Senator David L. Nicholson;

Mary Lynn Ricks, Deputy Secretary of State; Leslie Hiner, Elections Deputy and General Counsel, Indiana Secretary of State; Maureen Bard, Legislative Services Agency (LSA); Lori Hershberger (LSA); Tami Baretto;

Lori G. Albitz, Governmental Business Systems; Dave Allmon, of Columbus; Miguel G. Arredondo, of East Chicago; Paul Barada, of Rushville; Charles Braun, of Indianapolis; Barry Chambers, of Indianapolis; Jill Chambers, of Indianapolis; Margaret Clayton, of Indianapolis; Steve Corey, MicroVote; Gary Dillon, of Indianapolis; Stephen W. Dillon, of Indianapolis; David Donahue, of Muncie; Mary Eckard, of Carmel; Donna Fisher, Smith & Bemenderfer, Indianapolis; Jerry R. Fulk, of Kokomo; Jason Godsey, of Indianapolis; Ed Greenwalt, of Anderson; Steven E. Henderson, of Indianapolis; Shirley Kellerman, of Batesville; Kevin J. Landrum, of Indianapolis; Jeff McQuary, of Indianapolis; Larry Mandel, Governmental Business Systems; Kara Massey, Indianapolis Star; David G. Park, of Indianapolis; Ray Ortiz, MicroVote; Michael Pitts, of Indianapolis; Randy Shields, of Greenwood; Robert A. Smith, Smith & Wade, Indianapolis; Kerry Spradlin, of Indianapolis; Dan Steiner, of Washington; Robbin Stewart, of Indianapolis; Kenny Summers, of Alexandria; Jeff Todd, of Indianapolis; Joel A. Wells, of Martinsville.

1. CALL TO ORDER AND OPENING REMARKS BY THE CHAIR:

The chair called the February 25, 1997 meeting of the Indiana Election Commission to order at 10:12 a.m. in Conference Center Room #8, Indiana Government Center South, 302 West Washington Street, Indianapolis, Indiana, stating that proper notice of the meeting had been given as required by state law, and noting that a quorum of the Commission (Mr. Cruea, Mr. Mallamad, and Mr. Morgan) was present. The chair welcomed all those in attendance.

2. INTRODUCTORY REMARKS BY SECRETARY OF STATE SUE ANNE GILROY:

The chair welcomed the Honorable Sue Anne Gilroy, Indiana Secretary of State to the meeting on behalf of the entire Election Commission. He noted that this was the Commission's first meeting following the January 1, 1997 transition in which the Secretary's office had assumed responsibility for the administration of election functions performed by the staff. The chair remarked that "it could not be under better stewardship."

Secretary Gilroy thanked the chair for the opportunity to address the Commission at this initial meeting. She reported that the transition has gone very, very well. Secretary Gilroy stated that she particularly appreciated the cooperation of the two state party chairs, Mr. McDaniel and Mr. Andrew, who had agreed that the single most important purpose of the new Election Division was to "serve the customers": the county clerks, voters, candidates, parties, media, and anyone who wants or needs election information from the Commission. She noted that the party chairs had pledged their support of the Division's two co-directors in an effort to put together a partnership agreement that guarantees and encourages cooperation, a sense of direction and purpose, and a commitment to excellent service.

Secretary Gilroy remarked that the challenges facing the Commission are quite significant during the coming months as we look toward sweeping campaign finance reform. She stated that during the debate on this issue in the general assembly and in the legislative study committee meeting that met during the previous summer, there was widespread agreement that there should be additional disclosure and clear enforcement. She noted that in all likelihood these tasks would become the responsibility of the Election Division. Secretary Gilroy observed that the Election Division had already begun to move forward with the project for the computerization of campaign finance reports, and that April 1, 1997 is the deadline for the completion of the initial phase of this project. She added that the final work on the project will be completed by December 31, 1997.

Secretary Gilroy noted that when the campaign finance report computerization project is completed, the Election Division's customers will find it much easier to obtain campaign finance information. She applauded the efforts of Ms. Casto, acting on behalf of Ms. Tippett, and Ms. Christie, who have assembled a task force of campaign finance customers. She noted that this customer task force would advise the Election Division about their expectations so that the final campaign finance product will be developed to meet the needs of the customers.

Secretary Gilroy observed that the Commission's agenda for this meeting contained a large number of campaign finance enforcement matters. She stated that "it was important for public trust that we mean what we say." She guaranteed that the staff of the Election Division will follow through with the enforcement of the election statutes as they are on the books, with the interpretation and guidance of the Commission.

Secretary Gilroy closed by thanking the members of the Commission and expressing her great appreciation for the leadership to Co-Directors, Ms. Christie and Ms. Tippett. She noted that they both display a spirit of cooperation and have great insight into the electoral process. She stated that she has enjoyed working with them and looked forward to working with the Commission.

The chair thanked Secretary Gilroy for her remarks, and for taking time from her busy schedule to address the Commission.

3. APPROVAL OF JUNE 10, 1996 AND AUGUST 19, 1996 MINUTES:

The chair noted that copies of the minutes of the June 10, 1996 and August 19, 1996 Commission meetings had been distributed to members before this meeting. There being no additions or corrections, Mr. Mallamad moved, seconded by Mr. Cruea, that the June 10, 1996 and August 19, 1996 minutes be approved as submitted. The chair called the question, and declared the motion adopted with three members (Mr. Cruea, Mr. Mallamad, and Mr. Morgan) voting "aye" and one member (Mr. Perkins) absent.

4. ORDER 1997-01 (PROCEDURE FOR CONSIDERATION OF MOTIONS FOR A CONTINUANCE):

The chair noted that Commission members had received copies of a proposed Order (1997-01) establishing a procedure for the Co-Directors of the Election Division to jointly grant or deny motions for a continuance of an administrative cause when the Commission was not in session. A copy of Order 1997-01 is incorporated by reference in these minutes. [Copies of all documents incorporated by reference are available for public inspection and copying in the Election Division office.]

Mr. Mallamad moved, seconded by Mr. Morgan, that Order 1997-01 be approved as submitted. The chair called the question, and declared the motion adopted, with three members (Mr. Cruea, Mr. Mallamad, and Mr. Morgan) voting "aye" and one member (Mr. Perkins) absent.

5. CAMPAIGN FINANCE ENFORCEMENT:

The chair asked all those present to stand if they planned to present evidence to the Commission regarding campaign finance enforcement matters. Mr. King administered the oath to those individuals.

The chair requested that those testifying be civil and direct in their testimony, and stated that the Commission was generally familiar with the issues in these matters. He stated that five minutes was generally more than adequate for testimony, but that if additional time was necessary, the Commission would be accommodating.

A. CAUSES CONTINUED FROM JUNE 10, 1996:

The chair recognized Ms. Casto, who provided Commission members with copies of the Notice of Hearing sent to the parties identified in Administrative Cause Numbers 96-15 and 96-74. Ms. Casto also submitted copies of the memorandum of April 5, 1996 sent by the Campaign Finance Division to active political committees concerning the pre-primary reports due April 26, 1996 and the memorandum of December 21, 1995 concerning the annual reports due January 17, 1996. Ms. Casto also provided a copy of the format of the letter sent to entities advising them that their 1995 Annual Report was delinquent.

Ms. Casto submitted two additional documents for Commission consideration: (1) "Delinquent 1995 Campaign Finance Committee Annual Reports", a document listing each committee's name, its IEC file number, the cause number, the date the late notice was received by the committee, the date the report was filed with the IEC, the date that the committee received the hearing notice, the cost of certified mail sent to advise the committee of that the report was late and of the June 10, 1996 hearing, the proposed fine, the total civil penalty, and any relevant comments regarding the committee's filing history; and (2) a letter dated June 5, 1996 from State Senator Becky Skillman and State Representative Robert W. Behning, the co-chairs of the legislative interim Committee on Campaign Finance, urging the Commission to fine all committees who failed to timely file the April 1996 report.

Hearing no objection, the chair ordered each of the documents submitted by Ms. Casto to be incorporated by reference into the minutes of this meeting.

The chair recognized Ms. Casto to present evidence to the Commission concerning the following causes continued from the June 10, 1996 meeting:

96-3876-15 White for State Representative

Ms. Casto stated that this committee was required under IC 3-9-5-2 to file a 1996 pre-primary report in accordance with deadlines specified in IC 3-9-5-7. Mr. King added that the June 10, 1996 minutes approved earlier by the Commission set forth the date and time that this committee actually filed the pre-primary report.

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, Mr. Mallamad moved to close the record in this cause, seconded by Mr. Morgan. The chair called the question and declared the motion adopted, with three members (Mr. Cruea, Mr. Mallamad, and Mr. Morgan) voting "aye" and one member (Mr. Perkins) absent.

96-3436-74 Indiana Defense Lawyers PAC

Ms. Casto stated that this committee was required under IC 3-9-5-2 to file a 1996 pre-primary report in accordance with deadlines specified in IC 3-9-5-7. Mr. King added that the June 10, 1996 minutes approved earlier by the Commission set forth the date and time that this committee actually filed the pre-primary report.

[Mr. Perkins entered the meeting at this time.]

The chair recognized Ms. Donna Fisher, the treasurer of this committee. She stated that she had become treasurer during the past year. Ms. Fisher indicated that she had requested her paralegal to obtain a campaign finance instruction manual from the Commission. She added that the paralegal did not receive the instruction sheet with the pre-primary report deadline as a part of this manual.

Ms. Fisher stated that as soon as she learned on May 13 about the April 26 deadline, she filed the committee's pre-primary report. She stated that the paralegal was advised by the Commission that this filing "would be sufficient." Ms. Fisher testified that the paralegal had executed an affidavit to that effect since she was very upset about the committee's missing this deadline. Ms. Fisher submitted the affidavit to Commission members. A copy of this affidavit, subsequently provided by Ms. Fisher, is incorporated by reference in these minutes.

The chair recognized Ms. Casto, who stated that the Commission had mailed a letter on April 5 to all active committees reminding them of the April 26, 1996 filing deadline. In response to a question from the chair, Ms. Fisher stated that the committee's records did not indicate that the April 5 letter was received. Ms. Fisher stated that probably due to the change in the committee's treasurership, the notice had not been received.

Mr. Mallamad moved, seconded by Mr. Perkins, to close the record in this cause. The chair called the question and declared the motion adopted unanimously.

96-3876-15 White for State Representative

In response to a question from the chair, Mr. King noted that at the June 10, 1996 meeting, staff had prepared final orders to impose fines on committees that had defaulted by not having a representative appear on person, or by submitting correspondence, at that meeting. He added that at the June 10, 1996 meeting, the Commission had considered a motion to fine committees with a delinquent report who had either submitted a letter or appeared in person to testify, but that since the Commission had voted two-to-two on that motion, the motion was not adopted, and no official action had been taken.

Mr. Mallamad moved, seconded by Mr. Morgan, that in Cause 96-3876-15 with regard to the committee's delinquent April 1996 pre-primary report, staff be directed to prepare findings of fact and a final order to assess the recommended civil penalty. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

96-3436-74 Indiana Defense Lawyers PAC

Mr. Mallamad moved, seconded by Mr. Cruea, that in Cause 96-3436-74 with regard to the committee's delinquent April 1996 pre-primary report, staff be directed to prepare findings of fact and a final order in this cause. The chair called the question, and declared that with three members voting "aye" (Mr. Cruea, Mr. Morgan, and Mr. Perkins) and one member voting "nay" (Mr. Mallamad), the motion was adopted.

With regard to the imposition of a fine, the chair recognized Mr. Morgan, who stated that the Commission had attempted to ensure that committees complied with deadlines, and that there was uniformity in the Commission's approach. He urged the Commission to bring these matters to closure today, and remarked that a large number of fines were likely to be imposed. He added that as the chairman of a committee that would probably be fined, he shared the embarrassment of those present, and noted that his treasurer would be paying the fine from the treasurer's own pocket. Mr. Morgan remarked that it was important for all committees to be better informed, and for the Commission to work together with the committees to ensure compliance with the campaign finance laws. Mr. Morgan then moved to impose the recommended fine in this cause.

The chair noted that at the June 10, 1996 meeting, the Commission heard a wide variety of excuses for the failure to file reports in a timely fashion. He stated that the Commission should send a clear message to those with the responsibility for filing reports that these excuses were not valid, and that those who assume the responsibility of running a PAC also assume the responsibility for supervising the staff responsible for reading the mail and filing the reports. The chair added that due to the Commission's action at the June 10, 1996 meeting of not voting to impose a fine on committees who presented an excuse of any sort to the Commission, he could not vote for a fine in this cause.

The chair recognized Mr. Cruea, who stated that at that meeting he had voted against fining any committee who testified before the Commission since all but one committee who testified indicated that the committee had not received the April 5, 1996 reminder letter. He added that based on his previous votes regarding those committees, he could not vote today to impose a fine in this cause.

Mr. Mallamad then seconded Mr. Morgan's motion to impose a fine in this cause. The chair called the question, and declared that with one member voting "aye" (Mr. Morgan) and three members voting "nay" (Mr. Cruea, Mr. Mallamad, and Mr. Perkins), the motion was defeated.

B. CONSIDERATION OF FINDINGS OF FACT AND FINAL ORDERS FROM JUNE 10, 1996 MEETING:

The chair noted that drafts of Orders 1996-07, 1996-10, 1996-12, 1996-14, 1996-15, 1996-16 had been provided to Commission members for review. Copies of these Orders are incorporated by reference in these minutes.

There being no objection, the chair announced that the Commission would consider these Orders as a group. Mr. Mallamad moved, seconded by Mr. Perkins, that these Orders be adopted. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

The chair noted that drafts of Orders 1996-11 and 1996-17 had been distributed to Commission members for review. Copies of the Orders are incorporated by reference in these minutes. The chair added that these Orders dealt with causes where the Commission had voted two-to-two at its June 10, 1996 meeting regarding the imposition of fines against these committees. He noted that the proposed Orders would dismiss the causes involving those committees.

Mr. Cruea moved to adopt Orders 1996-11 and 1996-17. Mr. Perkins seconded the motion. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

C. CAMPAIGN FINANCE ENFORCEMENT ACTIONS: OCTOBER 1996 AND JANUARY 1997 FILINGS:

The chair recognized Mr. King, who noted that Commission members had been provided with drafts of Orders 1997-02, 1997-03, and 1997-04, which concerned certain causes that staff recommended be dismissed. Copies of these Orders are incorporated by reference in these minutes.

Mr. King stated that staff recommended dismissal of Causes 97-3793-15, 97-4135-29, 97-1872-60, 97-3839-83, and 97-4155-129 since these causes had been included on the agenda in error. He added that staff recommended dismissal of Cause 97-4174-134 since this state legislative candidate's committee had filed a final report in a timely manner with a county election board and since the serious illness of the candidate was a mitigating factor urging the dismissal of the cause.

Mr. King added that staff recommended that a continuance be granted for Cause 97-3985-95 since miscommunication had occurred between staff and this committee so that the committee would have an opportunity at a later date to address the Commission in this matter.

Mr. Mallamad moved, seconded by Mr. Morgan, that Orders 1997-02 and 1997-03 be adopted. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Cruea, that Order 1997-04 be adopted. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

The chair recognized Ms. Casto, who presented information concerning the pre-election campaign finance reports which were due in the Commission's office by noon, October 25, 1996.

Ms. Casto noted that Indiana Code 3-9-5-2 required that these committees file reports with the Election Commission. She added that IC 3-9-5-7 specifies the deadline for the mailing or hand delivery of the reports. She remarked that IC 3-9-4-16 provides that a person who fails to file reports in the manner required under IC 3-9-5 is subject to a civil penalty.

Ms. Casto also provided copies of the Notice of Hearing for this meeting sent to committees in Cause Numbers 97-1 through 97-141, inclusive. Copies of these notices are incorporated by reference in these minutes. Ms. Casto submitted two additional documents for Commission consideration: (1) "Delinquent 1996 Campaign Finance Committee Pre-Election Reports (Reports DUE October 25, 1996)", a document listing each committee's name, its IEC file number, the cause number, the date the late notice was received by the committee, the date the report was filed with the IEC, the date that the committee received the hearing notice, the cost of certified mail sent to advise the committee of that the report was late and of this hearing, the proposed fine, the total civil penalty, and any relevant comments regarding the committee's filing history; and (2) "Delinquent 1996 Campaign Finance Committee Annual Reports (Reports DUE January 15, 1997)", a document listing each committee's name, its IEC file number, the cause number, the date the late notice was received by the committee, the date the report was filed with the IEC, the date that the committee received the hearing notice, the cost of certified mail sent to advise the committee of that the report was late and of this hearing, the proposed fine, the total civil penalty, and any relevant comments regarding the committee's filing history.

Mr. Mallamad moved, seconded by Mr. Perkins, that each of these documents be included in the records of the remaining causes to be considered by the Commission on this meeting's agenda. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-0394-01 Hoosiers for Better Roads

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-0421-02 Indiana's 9th Congressional Democrat Central Committee

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-1583-03 Mills for State Senate Committee

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-1844-04 Porter County Medical PAC

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-1876-05 Indiana Title PAC

The chair recognized Mr. David Park, the treasurer of this committee. Mr. Park stated that he had no explanation for the tardiness of the committee's report.

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

Mr. Mallamad moved, seconded by Mr. Cruea, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-2000-06 Kruzan for State Representative

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3005-07 Meeks for State Senate

The chair asked if any person was present to speak on behalf of this committee concerning both the pre-election and annual filings. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3014-08 Build Indiana PAC

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3215-09 Perry Township Firefighters

The chair recognized Mr. Kevin Landrum, district vice-president for Indianapolis Metropolitan Firefighters, and representing Mr. Futrell, the treasurer of this committee. Mr. Landrum stated that he had spoken with Mr. Futrell, who said that the report was delayed by his procrastination. He conveyed Mr. Futrell's apologies to the Commission. Mr. Landrum stated that the problem should be avoided with future reports through a consolidation of this PAC with the Indianapolis Firefighters PAC. In response to a question from the chair, Mr. Landrum stated that the committee would comply with filing deadlines in the future.

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

Mr. Mallamad moved, seconded by Mr. Cruea, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-3449-10 Columbus Firefighters PAC

The chair recognized Mr. Dave Allmon, the secretary-treasurer of this committee. Mr. Allmon stated that he had been on vacation, and discovered the delinquency on the day the report was due. He remarked that he telephoned the Commission and mailed the report that day. Mr. Allmon noted that the Commission received the committee's report on the following Monday.

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

Mr. Mallamad moved, seconded by Mr. Morgan, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-3489-11 Business Leaders for Better Government

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter from Mr. McKinley Jones of this committee had been received on February 25. A copy of this letter is incorporated by reference in these minutes.

After Commission members reviewed this letter, and there being no further testimony in this cause, Mr. Mallamad moved, seconded by Mr. Perkins, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Morgan, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-3692-12 Republican National State Committee

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3748-13 Society Corporation PAC

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter dated February 21 from Mr. Timothy T. Wright of this committee had been received on February 25. A copy of this letter is incorporated by reference in these minutes.

After Commission members reviewed this letter, and there being no further testimony in this cause, Mr. Cruea moved, seconded by Mr. Mallamad, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Cruea moved, seconded by Mr. Perkins, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-3772-14 SACK PAC

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter dated February 21 from Mr. Ralph Bruns of this committee had been received on February 24. A copy of this letter is incorporated by reference in these minutes.

After Commission members reviewed this letter, and there being no further testimony in this cause, Mr. Mallamad moved, seconded by Mr. Morgan, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Cruea, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

[NOTE: Cause 97-15 was previously dismissed by the Commission.]

97-3489-16 Propane Education PAC

The chair recognized Mr. Dave Donahue to speak with regard to the committee's delinquent pre-election and annual reports. Mr. Donahue testified that at the beginning of 1996, the Propane Association had decided not to renew the contract of its director, and that

the former director has been less than cooperative in providing records and financial documents to the new association director, John Mullholland. Mr. Donahue stated that all the information concerning campaign finance reporting was directed to the former director. He added that as soon as the committee learned that the October 1996 report had not been filed, the committee filed a report reflecting the information that it had as of that date. Mr. Donahue stated that the committee's address has now been changed in the Commission's records.

In response to a question from the chair, Mr. Donahue stated that the new association director was appointed at the board's last meeting (September 1996). He added that the association's board meets five times each year (once each quarter, with an annual meeting each March. In response to a question from the chair, Mr. Donahue stated that the board did not meet between September 1996 and the October 25, 1996 filing deadline. In response to another question from the chair, Mr. Donahue stated that Mr. Mullholland was a member of the board of directors, but had not served as an officer of the association before his appointment as association director.

In response to a question from Mr. Morgan, Mr. Donahue stated that the PAC's purpose was to educate state legislators concerning issues involving the propane industry that came before the Propane Association board. In response to an additional question from Mr. Morgan, Mr. Donahue testified that the propane industry's rates are not regulated by state agencies as are other utilities, and that the Sherman Anti-Trust Act prohibited discussions among members concerning rates.

The chair recognized Mr. Cruea, who noted that the committee had been late on a total of three reports. Mr. Donahue stated that this was why Mr. Dick Scott was no longer serving as association director, and that there was little likelihood that Mr. Scott would pay any civil penalty.

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

Mr. Mallamad moved, seconded by Mr. Morgan, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-3926-17 Democrats United for Victory

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3947-18 Dearborn County Conservative Forum

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter dated February 13, along with a copy of the committee's CFA-4 report from Mr. Art Little, III, treasurer of this committee had been received on February 25. A copy of this letter is incorporated by reference in these minutes.

After Commission members reviewed this letter, and there being no further testimony in this cause, Mr. Cruea moved, seconded by Mr. Mallamad, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Cruea moved, seconded by Mr. Morgan, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-3957-19 Michigan City Firefighters PAC

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3973-20 Indiana McDonald's Operator PAC

The chair recognized Mr. Randy Shields, treasurer of this committee. Mr. Shields testified that the PAC was newly formed, and that he wished to apologize to the Commission members. He stated that he did not intend to file one hour and eight minutes late due to a family obligation. Mr. Shields stated that he was attending

his sister's wedding in Chicago and collecting his children from school for that event. He stated that he had attempted to file the report before noon, but could not do so. Mr. Shields remarked that he appreciated the assistance of Commission staff in organizing the committee and in completing the reporting forms. He added he also appreciated the staff's assistance in helping several restaurants provide voter registration forms to customers.

In response to a question from the chair, Mr. Shields stated that the committee had been established during the past year. He indicated that he had received the reminder notice about filing from the Commission and was clear about filing deadlines for the future.

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

Mr. Mallamad moved, seconded by Mr. Morgan, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with one member voting "aye" (Mr. Cruea) and three members (Mr. Mallamad, Mr. Morgan, and Mr. Perkins) voting "nay", the motion was defeated.

There being no further motions regarding this cause, the chair concluded further consideration of this matter pending the issuance of a final order upon direction of the Commission.

97-3982-21 MidAmerica PAC

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent pre-election and annual reports. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that staff had provided members with a note documenting a telephone call from this committee on February 19, stating that the committee would not contest a fine. A copy of this document is incorporated by reference in these minutes.

After Commission members reviewed this document, and there being no further testimony in this cause, Mr. Mallamad moved, seconded by Mr. Perkins, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Morgan, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-3988-22 Specialty Physicians in Indiana

The chair recognized Mr. Gary Dillon, custodian of records for this committee, to speak regarding this committee's delinquent pre-election and annual reports. Mr. Dillon stated that he had no excuse for the delinquencies. In response to a question from the chair, Mr. Dillon stated that the committee is now fully advised concerning filing deadlines. He added that the first delinquency was another individual's fault, the second delinquency was his fault, and that the third delinquency won't happen.

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

Mr. Mallamad moved, seconded by Mr. Perkins, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-4030-23 Tiny Adams State Representative

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4049-24 Silverthorne for State Representative

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4062-25 Rod Sniadecki State Senate Committee

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent pre-election and annual reports. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that members had received copies

of a letter to this committee dated November 18, 1996 from Ms. Casto indicating that the committee had not been required to file a pre-election report since Mr. Sniadecki had not been on the 1996 general election ballot, along with a letter dated February 25, 1997, received by the Commission on that date, from James P. Flagella of Zappia, Flagella & Zappia, the treasurer of this committee. Copies of these documents are incorporated by reference in these minutes.

After Commission members reviewed these documents, and there being no further testimony in this cause, Mr. Mallamad moved, seconded by Mr. Cruea, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

The chair recognized Mr. Cruea, who stated that it would be nice when letters were sent to a committee that both co-directors are aware of the letters.

Mr. Mallamad moved, seconded by Mr. Morgan, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-4091-26 Harold Robinson for State Senate

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent pre-election and annual reports. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4097-27 Eckard for State Representative

The chair recognized Ms. Mary Eckard, a candidate for state representative to speak on behalf of her committee. Ms. Eckard apologized that the report was one and one-half hours late. She testified that the report had been signed, and placed on a secretary's desk, but that other papers had been placed on top of the report. Ms. Eckard stated that the person delivering the report to the Commission had been told that the delay was no big deal, so that as a result, she was unaware of the mistake until receiving the Commission's notice. She stated that she wished to apologize personally to the Commission members.

In response to a question from the chair, Ms. Eckard stated that she was a first time candidate, and was unsuccessful in her race for State Representative.

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

Mr. Mallamad moved, seconded by Mr. Perkins, that the recommended civil penalty be imposed in this cause. In committee discussion, Mr. Mallamad stated that he hoped Ms. Eckard was impressed by the significance of the deadlines, but that mistakes can be made by first-time candidates. The chair called the question, and declared that with one member voting "aye" (Mr. Cruea) and three members (Mr. Mallamad, Mr. Morgan, and Mr. Perkins) voting "nay", the motion was defeated.

There being no further motions regarding this cause, the chair concluded further consideration of this matter pending the issuance of a final order upon direction of the Commission.

97-4124-28 Washington for State Senate

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent pre-election and annual reports. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

[NOTE: Cause 97-29 was previously dismissed by the Commission.]

97-4138-30 Hoosiers for Funding Reform

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent pre-election and annual reports. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4144-31 Engineers Political Education Committee

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter from Elizabeth A. Nadeau, Assistant General Counsel of the International Union of Operating Engineers, dated November 8, 1996, was received February 14, 1997, and a letter from the same individual dated February 14, 1997 and received on that date. Copies of these letters are incorporated by reference in these minutes.

After Commission members reviewed these letters, and there being no further testimony in this cause, Mr. Mallamad moved, seconded by Mr. Morgan, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Morgan, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-4152-32 Rainbow Democrats

97-4153-33 Rainbow Republicans

97-4154-34 Rainbow Independents

The chair recognized Mr. Jeffrey S. McQuary, counsel for the treasurer of these committees, who had previously filed his appearance with the Commission. A copy of this document is incorporated by reference in these minutes.

Mr. McQuary advised the Commission that the three causes listed above involved entities with the same officers and treasurers, and were essentially one organization. He requested the Commission's consent to consider these causes jointly. The Commission consented.

The chair recognized Mr. Jeff Todd, former treasurer of each of these committees, which he indicated had now been closed. The chair noted that the proposed civil penalty was $105.27 to be levied against each of the committees.

Mr. Todd stated that early last summer a small number of individuals who wished to become involved in the election process attempted to form a political action committee. He testified that he and the president, Mr. Gary Brevard, had agreed be listed as officers of the committee until formal elections were conducted. Mr. Todd stated that these elections did not occur, since the first meeting of the committee was unsuccessful and the committee effectively dissolved at that time without raising money or attempting to do so. He stated that in November, he discovered that although the committee had disbanded, the committee still officially existed as a PAC. Mr. Todd stated that he then filed documents to close the PAC.

The chair recognized Mr. McQuary, who stated that this organization had in effect never existed, and that the committee's officers had no prior involvement in political action committees or in political campaigns. He stated that they honestly believed that the process was over when the committee ceased to meet. Mr. McQuary stated that they were completely inexperienced, but were now very familiar with the process.

In response to a question from the chair, Mr. Todd stated that some of the individuals involved in these groups were now participating in a reformed political action committee named the Rainbow Alliance. He added that this committee was now raising funds, and was well aware of the filing requirements.

The chair recognized Mr. McQuary, who stated that the three organizations had never conducted themselves independently during their brief existence, and were in effect a single organization with identical officers. In response to a question from the chair, Mr. McQuary stated that the committees had been organized as three different entities by the individual who filed the statements of organization, and that this person was very unfamiliar with the political process. He added that the individual was seeking to "reserve" these names in the same manner as copyrights.

In response to a question from Mr. Morgan, Mr. Todd stated that the Rainbow Alliance had been successful (in contrast to the three organizations in these causes) since the personality conflicts that had caused problems at the initial meeting had been resolved. Mr. McQuary added that the individual who filed the statements of organization for the three groups was not involved with Rainbow Alliance. He noted that the Rainbow Alliance is now working with an attorney, who has advised them concerning the requirements of the campaign finance reporting law. Mr. McQuary stated that the Rainbow Alliance now complies with all campaign finance laws.

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

Mr. Mallamad moved, seconded by Mr. Cruea, that the recommended civil penalty be imposed in these causes. During Commission discussion of the motion, Mr. Morgan inquired about the legal ramifications of a committee becoming defunct, with no remaining money left to pay a fine assessed by the Commission. He added that he was particularly interested in the liability of former officers of the committee and of the successor organization, the Alliance. Ms. Christie noted that staff looked to the Commission for guidance as to the appropriate policy to follow when a committee disbanded with no remaining assets. She remarked that this case had some similarities to the McDonald Operators PAC, in which individuals who were new to the electoral process did not receive information from other individuals involved in the organization. Mr. King added that there was no case law in Indiana on the question of liability in this type of situation, but there was a case that arose in Gary where a candidate was held personally liable for a debt incurred by the candidate's committee. He noted that this case differed from the Gary case in that this involves political action committees rather than a candidate's committee, and that different individuals were involved in the committees at different times.

In response to a question from Mr. Morgan, Mr. Todd stated that the three organizations raised no money during their existence. He added that the Alliance was not formed as a method of getting around any fines, and that he would personally pay any fines that the Commission would assess against these committees. Mr. Todd testified that he did not want the Alliance to be associated with any fines assessed against these committees. In response to a question from the chair, Mr. Todd stated that only two or three members of these organizations were currently involved in the Alliance.

The chair remarked that Mr. Todd was correct to address the issue of committee manipulation since the Commission would not permit committees to avoid responsibility for compliance with campaign finance laws by dissolving and reforming under another name. He added that this would make enforcement impossible, and noted that the Alliance did not appear to fall under this category. The chair requested that staff advise the Commission concerning the Commission's response when a committee is not in compliance with campaign finance laws, and then dissolves with no apparent intent to evade the statutes. He remarked that although three committees were formed in this case, it appears not to have been a good plan.

The chair added that he would be inclined, if the Commission wished to impose a fine in these cases, to have the fine assessed at a total of $105.27, to be apportioned among the three committees, rather than a total fine of $315.81.

The chair called the question, and declared that with three members voting "aye" (Mr. Cruea, Mr. Morgan, and Mr. Perkins) and one member (Mr. Mallamad) voting "nay", the motion was adopted.

The chair then moved that the fine imposed in these cases be set at $105.27, to be apportioned equally between the three organizations at $35.09. The motion was seconded by Mr. Cruea. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no members voting "nay", the motion was adopted.

97-4167-35 Citizens for Curotto

The chair recognized Mr. Rob Shuford, state vice chair of the Libertarian Party of Indiana, to speak on behalf of this committee. He stated that last year the Libertarian Party had spent considerable time and energy in learning to comply with the election code, and had consulted extensively with Commission staff, the Secretary of State's office, and local officials to do so. He noted that last year was the first time the Libertarian Party was subject to several Indiana statutes as a result of gaining ballot access after the 1994 election.

Mr. Shuford remarked that almost all of the party's 72 candidates in 1996 had not been on the ballot previously. He noted that of the hundreds of campaign finance forms required for these candidates, only six were filed late. He stated that this result was admirable since the party had no paid staff, no computer facilities, and no headquarters unlike the two established parties. Mr. Shuford requested that fines not be levied against these candidates. He added that third parties face the problem of frequent changes in the election statutes, and that these laws were changing during the reporting period. Mr. Shuford observed that there is significant capital expense involved in filing these forms efficiently, but that without proper computer software and full-time staff the forms are not easy to file.

In response to a question from Mr. Morgan, Mr. Shuford indicated that he was also present on behalf of five other committees on the Commission's agenda today (Citizens for Godsey; Committee to Elect R. Sink Burris; Dillon for Governor; Germann for State Representative; and McPherson for Lieutenant Governor). Mr. Shuford stated that the same arguments would apply in the case of these committees, and that Mr. Godsey was here to speak for himself. In response to a question from the chair, Mr. Shuford stated that only six forms, of the four forms required from each of 72 candidates, were filed late. He noted that for legislative candidates, these forms were required to be filed at both the county and state levels. Mr. Shuford added that the party had conducted a three month training session with weekly meetings to train candidates in Marion County, as well as a statewide training session for Libertarian candidates throughout the state concerning Indiana election laws.

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

Mr. Mallamad moved, seconded by Mr. Morgan, that the recommended civil penalty be imposed in this cause. In Committee discussion, the chair noted that there were a large number of campaign finance forms required, and that this posed difficulties for a volunteer organization. However, he noted that unlike certain first time candidates, the Libertarian Party was in the business of political activity and that a higher standard should apply in this case.

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

97-4173-36 Black America's PAC

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent pre-election report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4178-37 Committee to Elect Jason Godsey

The chair recognized Mr. Godsey, who stated that he had been a first time candidate for office when he ran for State Representative District 86 last year. He stated that he had raised no money, and thought that he had completed all campaign finance forms properly. He indicated that he was unaware of the committee's delinquency until receiving the Commission's notice. In response to a question from the chair, Mr. Godsey stated that he had attended some of the training sessions offered by the Libertarian Party. In response to a question from Mr. Morgan, Mr. Godsey stated that he ran last time so that the party would have a candidate in this race, and would consider doing so again.

In response to a further question from the chair, Mr. Godsey stated that he was a school teacher by profession.

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

In Committee discussion, the chair indicated that the Commission could not excuse every first time candidate without the rules becoming inapplicable to first time candidates. He added, however, that in this case, he believed the committee's delinquency was the result of his naivety with the political process.

Mr. Mallamad moved, seconded by Mr. Cruea, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with one member voting "aye" (Mr. Cruea) and three members (Mr. Mallamad, Mr. Morgan, and Mr. Perkins) voting "nay", the motion was defeated.

There being no further motions regarding this cause, the chair concluded further consideration of this matter pending the issuance of a final order upon direction of the Commission.

97-4192-38 Committee to Elect R. Sink Burris

The chair recognized Mr. Shuford, who stated in response to a question from the chair that he was not representing any committee today as the committee's attorney. Mr. Shuford testified that Ms. Burris's case was similar to that of Ms. Eckard in that she was a first time candidate who had made considerable efforts to comply with the campaign finance laws. He apologized to the Commission on behalf of Ms. Sink Burris. Mr. Shuford indicated that any proposed fine would be in excess of the amount of money raised by the committee. In response to a question from Mr. Perkins, Mr. Shuford indicated that Ms. Sink Burris had run as a candidate for State Representative from the Bloomington area.

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

Mr. Mallamad moved, seconded by Mr. Morgan, that the recommended civil penalty be imposed in this cause. In Committee discussion, the chair indicated that although Mr. Shuford was present and making a fine presentation of the arguments on behalf of these committees, he stated that the candidate's presence and testimony was useful in assessing the merits of the candidate's excuse. Mr. Shuford responded that Ms. Sink Burris could not be present since he is a school teacher and had responsibilities to her children. He added that she regretted that she could not testify before the Commission today. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-4206-39 Sheffler for State Representative

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent pre-election and annual reports. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4212-40 Allen for State Representative

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that an undated letter from Dennis Allen was received February 24, 1997. A copy of this letter is incorporated by reference in these minutes.

After Commission members reviewed the letter, and there being no further testimony in this cause, Mr. Mallamad moved, seconded by Mr. Cruea, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Cruea, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

The chair noted that the Commission had now concluded its consideration of the October 25, 1996 reports. He added that there were members of the General Assembly present for discussion of certain January 15, 1997 reports, and since the legislature would be convening in thirty minutes, the Commission would move to consideration of those cases.

97-0730-47 Phillips for State Representative

The chair recognized former Speaker of the House Michael Phillips, who stated that although he was not currently a state representative, he appreciated the Commission's consideration in hearing this matter now. Mr. King then administered the oath to Mr. Phillips and to others who indicated that they wished to testify in later causes.

Mr. Phillips stated that his report had been properly prepared on January 10 and signed by himself. He added that although the report was supposed to be mailed on the date it was signed, he had a new secretary who did not understand this and was subsequently ill. Mr. Phillips stated that as a result of these events, his report was not mailed until January 14. He noted that he had possession of the certified mail return receipt which indicated that the document was mailed January 14. Mr. Phillips stated that he could not explain why the document then took seven days to arrive at the Commission, and noted that ordinarily mail from Boonville to Indianapolis was received overnight. He noted that he had helped pass the campaign finance legislation, and had never been late for a report in the past. Mr. Phillips apologized for his committee's report being late in this case and stated that ignorance of the law was no excuse.

Mr. Phillips provided a photocopy of the certified mail receipt, which is incorporated by reference in these minutes. The chair noted that the receipt indicated that the report was filed by mail before the due date. After Commission members reviewed the document, Mr. Mallamad moved, seconded by Mr. Perkins, that the receipt be included in the record of this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Cruea, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

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

Mr. Mallamad moved, seconded by Mr. Cruea, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with two members voting "aye" (Mr. Cruea and Mr. Perkins) and two members voting "nay" (Mr. Mallamad and Mr. Morgan), the Commission had taken no official action on this motion.

The chair recognized Mr. Cruea, who stated for the record that the law requires that the annual report be delivered to the Commission by the deadline date, and that the postmark is irrelevant.

There being no further motions regarding this cause, the chair concluded further consideration of this matter pending the issuance of a final order upon direction of the Commission.

97-2099-63 Leuck for State Representative

The chair recognized State Representative Claire Leuck, who stated she lives in Northwestern Indiana, and due to a snow advisory in her county during the weekend before the January filing deadline, she had experienced difficulty in contacting her treasurer for the preparation of the report. Representative Leuck noted that when the treasurer mailed the completed report by overnight delivery, the document took two days (instead of one day) to arrive, and that she did not receive the report at her Indianapolis office until after the noon filing deadline. She added that as a legislator during the past ten years she had always filed on time in the past and as a former circuit court clerk she respects what the Commission is trying to do at this meeting. Representative Leuck added, however, that the events that led to this filing delinquency were beyond her control.

In response to a question from the chair, Representative Leuck stated that she did not have a receipt for the overnight mail delivery in her possession, but she was certain that her treasurer would have. The chair stated that notwithstanding Mr. Cruea's remark that the ultimate responsibility for filing rests with the individual, he was inclined to keep the record open in this matter until Representative Leuck had the opportunity to produce evidence concerning the overnight mailing. He remarked that Representative Leuck had taken reasonable steps to ensure her committee's compliance and that she should have been able to rely on overnight delivery from United Parcel Service. The chair added that her record indicated that she was sensitive to these deadlines.

Mr. Mallamad moved, seconded by Mr. Morgan, that the Commission approve Order 1997-05 continuing this matter to permit any receipt to be included in the record of this cause. The chair called the question, and declared that with three members voting "aye" (Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and one member voting "nay" (Mr. Cruea), the motion was adopted. A copy of Order 1997-05 is incorporated by reference in these minutes.

The chair then requested Representative Leuck to provide the Co-Directors with any evidence concerning the overnight delivery service, and noted that this cause would be addressed at a subsequent meeting.

97-3908-91 Indiana Black Legislative Caucus PAC

The chair recognized State Representative Gregory Porter, who stated that this committee had changed officers, and that as the new treasurer he had not realized that report was not been filed on time. He added that when he realized the report was late, he had filed it with the Commission. Representative Porter remarked that he had served in the General Assembly for five years, and that each of the reports for his candidate's committee had been filed in a timely manner. He apologized for the delinquency of this committee's report and stated that it would not occur again.

In response to a question from the chair, Mr. Porter stated that the political action committee had been in existence for a year or a year and a half. He remarked that the PAC's principal activity was fundraising for scholarships for inner city youth. He noted that the committee did not have any activity during the last quarter and currently had about $444 in assets. In response to a question from Mr. Cruea, Mr. Porter stated that he had been a member of this PAC since its formation, but had not served as treasurer until December. In response to an additional question from Mr. Cruea, Representative Porter stated that he had not been aware that this committee had been cited by the Commission at its June 1996 meeting for the late filing of its January 1996 report. In response to a question from Mr. Morgan, Representative Porter noted that Senator Billie Breaux had previously served as the committee's treasurer.

After Commission members reviewed the letter, and there being no further testimony in this cause, Mr. Mallamad moved, seconded by Mr. Perkins, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Cruea, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

The chair recognized Mr. Perkins, who apologized to those present for being late. He noted that he had a matter arise at his place of employment at 9:30 the previous night that required his attention last night and this morning. Mr. Perkins added that in his haste to reach the meeting this morning, he had an "unscheduled meeting with a member of state law enforcement." Those present expressed their sympathy for Mr. Perkins. The chair noted that it was 12:20 p.m., and declared this meeting of the Commission to be in recess until 1:00 p.m. He reminded those present that the meeting would resume in a new location, Training Room 8 in the Conference Center.

The chair called this meeting of the Commission to order at 1:10 p.m. in Training Center Room 8 of the Conference Center following the Commission's lunch recess. The chair then proceeded to call causes concerning committees with delinquent January 15, 1997 annual reports:

97-0066-41 Indiana Dealers Election Action for Survival

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-0341-42 Grocers PAC

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-0395-43 United Mine Workers of America Coal Miners PAC

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-0401-44 Gery for State Senate Committee

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-0587-45 Friends of Dave Nicholson

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

[NOTE: The Commission resumed consideration of this cause later in this meeting.]

97-0661-46 Mrvan for State Senate

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

[NOTE: The Commission considered Cause 97-0730-47 earlier in this meeting.]

97-0757-48 Indiana Oil Marketers Association PAC

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter dated February 17, 1997 from C. Michael Pitts, Executive Director of the Association, was received February 19, 1997. A copy of this letter is incorporated by reference in these minutes.

After Commission members reviewed the letter, and there being no further testimony in this cause, Mr. Cruea moved, seconded by Mr. Morgan, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Cruea, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-0825-49 Insurance Mens PAC

The chair recognized Mr. Robert A. Smith, who had entered an appearance on behalf of this committee. A copy of this appearance and a letter dated January 27, 1997 from Jon F. Moore, Executive Director of the Professional Insurance Agents of Indiana, and received January 28, 1997 are incorporated by reference in these minutes.

Mr. Smith noted that this committee had missed the April 1996 deadline for filing its pre-primary report, and that Ms. Patten had been Executive Director at that time and responsible for that filing. Mr. Smith stated that the Association had retained him last fall to assist with continuing education requirements for insurance agents and that he had suggested to Mr. Moore that the January 1997 report be sent by certified mail. Mr. Smith testified that the report had been mailed on January 13 and received January 14, 1997, but stated that he did not have the green receipt card with him. He indicated that the campaign finance report had been mailed to an incorrect address, that of the Indiana Lobby Registration Commission, at National City Center on West Washington Street. Mr. Smith noted that the committee had attempted to comply with the campaign finance reporting requirements, but had erred with regard to the address.

Mr. Smith stated that Mr. Moore had advised him that the campaign finance report form packet did not contain a return address and the mistake occurred as a result. He noted that on January 17, 1997 the Indiana Lobby Registration Commission had returned the campaign finance report to this committee, but to a post office box maintained by the committee, rather than its office address. Mr. Smith noted that Mr. Moore now understood the process and had enclosed a $100 check to the Election Commission with his January 27 letter. Mr. Smith stated that although the committee anticipate a fine, it wished to have a representative appear today to explain its efforts to comply with the campaign finance requirements.

In response to a question from the chair, Mr. Smith indicated that he could supply the Co-Directors with a copy of the certified mail receipt. In response to a question from Mr. Morgan, Mr. Smith stated that the committee had been in operation for many years. In response to a question from Mr. Cruea, Mr. Smith indicated that Mr. Moore had been Executive Director for less than a year, and that he had not served in that position the previous May. In response to a question from Mr. Perkins, Mr. Smith indicated that the $100 check sent by Mr. Moore was to pay for a fine in this cause, not for an earlier delinquent report. He added that Mr. Moore had sent the check to show the committee's good faith in this matter. The chair noted that the testimony indicated that although the report was mailed before the deadline, the incorrect address made it impossible for the report to arrive in a timely fashion.

The chair recognized Ms. Casto, who asked Mr. Smith whether the committee had filed an amendment to the committee's statement of organization (the "CFA-2") to prevent the Commission from mailing notices to a bad address. He indicated that he did not know the answer to this question, but would contact Ms. Casto later concerning it.

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

Mr. Mallamad moved that this matter be continued. There being no second, he withdrew the motion.

Mr. Mallamad moved, seconded by Mr. Cruea, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with three members voting "aye" (Mr. Cruea, Mr. Morgan, and Mr. Perkins) and one member voting "nay" (Mr. Mallamad), the motion was adopted.

In response to a question from the chair concerning the fine collection process, Mr. King noted that with regard to committees fined under the Orders approved by the Commission during the morning session, the staff will send a signed copy of that order to the committee. He noted that the orders give the committees thirty days to make payment following the adoption of the order. Mr. King stated that in previous cases, checks were tendered in response to the orders. In response to a question from the chair concerning the proper persons to contact for information about this process, Mr. King stated that if the question concerned technical information in the committee's file, the appropriate contact would be a member of the Campaign Finance Division staff such as Carole Casto or Michelle Thompson, and if the question involved legal issues, either Ms. Robertson or himself would be the appropriate contact.

97-0884-50 Indiana BANK PAC - State Fund

The chair recognized Ms. Kerry Spradlin to speak on behalf of this committee. Ms. Spradlin stated that she was the assistant treasurer of this committee, which was affiliated with the Indiana Bankers Association. She remarked that she had left her office with every intent of filing the report on time, but recalled that the roads were very icy on January 15, the filing deadline. She stated that she was behind a small truck with low tires that stalled on an incline on the interstate. Ms. Spradlin added that although she was pregnant at the time, she wanted to get the report filed on time, so she joined other drivers in helping push the stalled vehicle up the ramp. She then stated that when she reached the Government Center she parked her car and ran every step of the way to the Commission office, but was two minutes late for the noon filing deadline. Ms. Spradlin stated that she had served as assistant treasurer of the committee for three years and that this was the first occasion that she had been late in filing a report with the Commission.

The chair stated that he believed the record showed substantial compliance with the filing requirements, particularly in the conditions described in this cause.

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

Mr. Mallamad moved that the recommended fine be imposed in this cause. There being no second, he withdrew the motion.

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

97-0900-51 Hunt for Senate Committee

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter dated February 21, 1997 from former State Senator Douglas A. Hunt, was received on the same date. A copy of this letter is incorporated by reference in these minutes.

After Commission members reviewed the letter, and there being no further testimony in this cause, Mr. Mallamad moved, seconded by Mr. Cruea, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Cruea moved, seconded by Mr. Mallamad, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-0986-52 The Committee to Reelect Senator Joe Corcoran

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-1189-53 Indiana PAC (BackPAC)

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter dated February 21, 1997 from Ms. Jewell DeBonis on behalf of this committee, was received on the same date. A copy of this letter is incorporated by reference in these minutes.

After Commission members reviewed the letter, and there being no further testimony in this cause, Mr. Mallamad moved, seconded by Mr. Cruea, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Morgan, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-1250-54 Indiana Naral PAC

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-1253-55 Monk for State Senate Committee

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter dated February 19, 1997 from former State Senator James R. Monk, was received on February 20, 1997. A copy of this letter is incorporated by reference in these minutes.

After Commission members reviewed the letter, and there being no further testimony in this cause, Mr. Perkins moved, seconded by Mr. Cruea, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Cruea, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-1543-56 Indiana Psychologists PAC

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-1772-57 Local #104 PAC

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-1798-58 Indiana Fraternal Order of Police Action Plan

The chair recognized Mr. Miguel Arredondo, the treasurer of this committee. Mr. Arredondo stated that when he received the certified letter from the Commission on February 14, he telephoned Ms. Thompson, who advised him that the Commission had received the committee's annual report on January 21, 1997. He stated that he had completed the annual report on January 11, and had mailed the report on January 12. Mr. Arredondo noted that the Commission had therefore received the report nine days after he mailed it. He added that the campaign finance reporting statute provided for a three day period for reports filed by mail, and that he had no knowledge about why the delay occurred. Mr. Arredondo stated that when he mailed the report he asked the postmaster whether overnight service was required, and was advised that his report should reach Indianapolis within three days.

Mr. Arredondo stated that he had asked Ms. Thompson about the postmark on this envelope, and that she advised him that the Commission does not keep postmarked envelopes from the annual reports. He added that the Lake County Sheriff's office had been contacted about this time regarding pension checks that possibly had been stolen from the mails, and that their investigation determined that there was not a theft, but a mail delivery delay of several days in the post offices in Gary, East Chicago, and other Northwestern Indiana locations.

In response to a question from Mr. Morgan, Mr. Arredondo stated that the committee has been in existence for several years, and that he has served as treasurer for five years. He stated that all previous committee reports had been timely filed, except in April 1996 when the committee had not received the filing reminder notice. Mr. Arredondo requested that the Commission waive the fine in this case.

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

Mr. Mallamad moved, seconded by Mr. Cruea, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-1828-59 International Chiropractors Association of Indiana

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

[NOTE: Cause 97-60 was previously dismissed by the Commission.]

97-2078-61 Indiana Committee on Political Education

The chair recognized Mr. Steve Henderson, the assistant treasurer of this committee. Mr. Henderson stated that the committee had no excuse for the report being late. In response to a question from the chair, Mr. Henderson stated that the committee has been in existence since about 1987. He added that the committee is now fully advised regarding the campaign finance filing deadlines.

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

Mr. Mallamad moved, seconded by Mr. Morgan, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-2080-62 Goshen Fraternal Order of Police #81 PAC

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

[NOTE: Cause 97-63 was previously continued by the Commission.]

97-3144-64 Local Union 855 PAC

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3262-65 Southern Indiana Gas & Electric Company Employees State PAC

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter dated February 18, 1997 from Kent H. Stump, Director of Strategic Programs, SIGECO, was received on February 24, 1997. A copy of this letter is incorporated by reference in these minutes.

After Commission members reviewed the letter, and there being no further testimony in this cause, Mr. Mallamad moved, seconded by Mr. Cruea, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Perkins, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-3313-66 Southwestern Indiana Solidarity Labor Coalition PAC

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3346-67 Committee to Elect Tim Fesko

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter dated February 17, 1997 from The Honorable Timothy Fesko, Indiana State Representative, was received on February 19, 1997. A copy of this letter is incorporated by reference in these minutes.

After Commission members reviewed the letter, and there being no further testimony in this cause, Mr. Mallamad moved, seconded by Mr. Perkins, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Morgan, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-3362-68 Hoosiers for Dwayne Brown

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3433-69 Foot Support Political Action Committee

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter dated February 20, 1997 from Ms. Virginia L. (Ginny) Jewell, on behalf of this committee, was received on February 20, 1997. A copy of this letter is incorporated by reference in these minutes.

After Commission members reviewed the letter, and there being no further testimony in this cause, Mr. Mallamad moved, seconded by Mr. Cruea, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Morgan, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-3450-70 Indiana Right to Life PAC

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3470-71 Local Drive #215 D.R.I.V.E. Political Fund

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter dated February 14, 1997 from Mr. Charles A. Whobrey, the chairman of this committee, was received on February 18, 1997. A copy of this letter is incorporated by reference in these minutes.

After Commission members reviewed the letter, and there being no further testimony in this cause, Mr. Mallamad moved, seconded by Mr. Cruea, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Morgan, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-3563-72 John R. Holmes for State Representative

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3609-73 Committee to Elect Lonnie W. Randolph

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3634-74 Schenk for State Senate Committee

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter dated February 20, 1997 from this committee, was received on February 20, 1997. A copy of this letter is incorporated by reference in these minutes.

After Commission members reviewed the letter, and there being no further testimony in this cause, Mr. Mallamad moved, seconded by Mr. Cruea, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Perkins, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-3656-75 Friends to Elect Byron D. Warren

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter dated February 18, 1997 from Cydney S. Warren on behalf of this committee, was received on February 21, 1997. A copy of this letter is incorporated by reference in these minutes.

After Commission members reviewed the letter, and there being no further testimony in this cause, Mr. Mallamad moved, seconded by Mr. Cruea, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Perkins, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-3687-76 Dr. Reed Re-Election Committee

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3753-77 Secrest for Indiana

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3756-78 SAFE PAC

97-4031-104 Elizabeth Stanley for State Representative

The chair recognized Mr. Ed Stanley, the treasurer of this committee. Mr. Stanley indicated that he normally drove this report to the Commission's office whenever he was close to the filing deadline. He said that he mailed out this report on January 12, 1997, the same date that he mailed the report for the Elizabeth Stanley for State Representative Committee. Mr. Stanley noted that the report was mailed during a bad winter storm, but since he had hand delivered these reports to a postal worker at his office, which is fifty eight blocks from downtown Indianapolis, he did not know why the report took nine days to be delivered to the Commission.

In response to a question from the chair, Mr. Stanley noted that the same fact situation applied to the Elizabeth Stanley Committee. The chair asked, with the consent of Commission members, that these causes therefore be heard together. The members consented.

In response to a question from Mr. Morgan, Mr. Stanley indicated that SAFE-PAC's purpose was to educate state legislators about safety issues concerning the fireworks business. In response to a question from Mr. Cruea, Mr. Stanley stated that the reports were sent by regular U.S. mail. He added that he could have walked the report fifty-eight blocks in the time taken by the Postal Service.

In response to a question from Mr. Morgan, Mr. Stanley stated that the PAC works with fireworks retailers, who request a $1 voluntary contribution for the PAC from customers whenever fireworks are sold. He added that this effort brings in between $250,000 and $300,000 per year.

There being no further testimony in these causes, Mr. Mallamad moved, seconded by Mr. Cruea, that the record in these causes be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Morgan, that the recommended civil penalty be imposed in Cause 97-3756-78. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Cruea, that the recommended civil penalty be imposed in Cause 97-4031-104. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-3789-79 David L. Lohr for State Representative

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3799-80 Vanleer for State Representative

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3808-81 Put Goodness Back Into Government

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter and supplemental material dated February 18, 1997 from Mr. Kenneth L. Sendelweck, the treasurer of this committee, was received on February 18, 1997. A copy of this letter and the supplemental material is incorporated by reference in these minutes.

After Commission members reviewed the letter, and there being no further testimony in this cause, Mr. Mallamad moved, seconded by Mr. Morgan, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Morgan, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-3820-82 Chris Dickson for Indiana

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

[NOTE: Cause 97-83 was previously dismissed by the Commission.]

97-3845-84 Friends of Michael Baron

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3876-85 White for State Representative

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that an undated letter from Mr. Joe L. White, the candidate, was received on February 24, 1997. A copy of this letter is incorporated by reference in these minutes.

After Commission members reviewed the letter, and there being no further testimony in this cause, Mr. Mallamad moved, seconded by Mr. Cruea, that the record in this cause be closed. The chair called the question, and declared that with four members voting aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Cruea, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-3888-86 Anderson for State Representative

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3891-87 Harris for State Representative

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3893-88 Williams for State Representative

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3894-89 Lake for State Representative

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3903-90 Krizman for State Representative

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

[NOTE: Cause 97-91 was previously acted upon by the Commission.]

97-3934-92 Committee to Elect Lee C. Strawhun

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3943-93 D'Amico for State Representative

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter dated February 21, 1997 from Mr. Bill D'Amico, the candidate, was received on February 24, 1997. A copy of this letter is incorporated by reference in these minutes.

After Commission members reviewed the letter, and there being no further testimony in this cause, Mr. Mallamad moved, seconded by Mr. Morgan, that the record in this cause be closed. The chair called the question, and declared that with four members voting aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Cruea, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-3968-94 Professional Firefighters of Alexandria

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

[NOTE: Cause 97-95 was previously continued by the Commission.]

97-3989-96 Paid for by the Committee to Elect Michael J. Aust

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3995-97 Citizens for Kellerman

The chair recognized Ms. Vicky Kellerman, the candidate. Ms. Kellerman stated that she had tried to file her report on the final day. She remarked that she had attended a meeting in Bloomington that morning, and had to travel unexpectedly through Columbus to return to Indianapolis. She noted that the ice storm on that day resulted in her being late, and she apologized to the Commission.

In response to a question from Mr. Morgan, Ms. Kellerman stated that she had been a first time candidate for state representative. The chair noted that Ms. Kellerman's report had been late by two hours and forty-two minutes.

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

Mr. Mallamad moved that the recommended civil penalty be imposed in this cause. There being no second, Mr. Mallamad withdrew the motion.

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

97-3996-98 Friends of Steve Johnson

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-3997-99 Braun for Indiana AG Committee

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4001-100 Barnard for State Representative

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4002-101 Leavell for State Representative

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4018-102 Maintaining Our Neighborhood

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4019-103 Community Pharmacies of Indiana PAC

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

[NOTE: Cause 97-104 was previously acted upon by the Commission.]

97-4034-105 Citizens for Steiner

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter dated February 21, 1997 from Mr. Daniel M. Steiner, the candidate, was received on February 21, 1997. A copy of this letter is incorporated by reference in these minutes.

The chair recognized Mr. King, who stated that Mr. Steiner was present at the meeting this morning, but had been required to leave to attend to business. He added that Mr. Steiner had requested that the Commission continue this matter.

After Commission discussion, Mr. Mallamad moved, seconded by Mr. Cruea, that this cause be continued. The chair called the question, and declared that with four members voting aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-4040-106 Anderson for State Senate

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4050-107 Committee to Elect Pete Pritchett

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4055-108 Committee to Elect Allison Applegate

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter dated February 18, 1997 from Mr. Thomas J. Brown on behalf of this committee, was received on February 18, 1997. A copy of this letter is incorporated by reference in these minutes.

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

Mr. Mallamad moved that the recommended civil penalty be imposed in this cause. There being no second, Mr. Mallamad withdrew the motion.

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

97-4059-109 Clapper for State Representative Committee

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4060-110 Committee for Coomler

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4065-111 Committee to Elect Rusty York State Representative

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4066-112 Friends of Jill Chambers

The chair recognized Mr. Barry A. Chambers, who entered his appearance as attorney for this committee, and Ms. Jill Chambers, the candidate. A copy of the appearance filed by Mr. Chambers is incorporated by reference in these minutes.

Mr. Chambers submitted documentation that the annual report was placed in the U.S. mail at 9:42 a.m. on January 13, 1997. A copy of the certified mail receipt submitted by Mr. Chambers is incorporated by reference in these minutes. He noted that this document appeared to have been received by the Election Division on January 17, 1997. Mr. Chambers stated that a copy of the same document was mailed to the Marion County Election Board on January 13, 1997 and received by that Board nine days later.

Mr. Mallamad moved, seconded by Mr. Morgan, that the photocopy marked "Ex. 1" be placed in the record in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Chambers stated that the Commission's authority to assess a civil penalty is found under Indiana Code 3-9-4-16. He noted that the statute provides that if a person fails to file an annual report no later than ten days after being given notice that the report is late, then the person can be assessed a civil penalty. Mr. Chambers said that as he understands the law, merely being late does not qualify the committee for the assessment of a penalty. He added that the Commission must notify the individual that the report is late and give the individual time to comply with the law.

The chair stated that he would ask staff to examine this issue and report back to the Commission. Mr. Chambers submitted a document titled "Response to Notice of Violation of IC 3-9-5", a copy of which is incorporated by reference in these minutes. The chair requested Commission consent for this document to be included in the record of this cause. Commission members consented.

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

97-4075-113 Ethics in Government in care of Greg Lawson

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4076-114 Ronald Buskirk for State Senate

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4077-115 Committee to Elect Joel Wells

The chair asked if any person was present to speak on behalf of this committee. The chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter dated February 14, 1997 from Mr. Joel A. Wells, the candidate, was received on February 16, 1997. A copy of this letter is incorporated by reference in these minutes.

The chair recognized Mr. Wells, who stated that he had been a candidate for state representative in the May 1996 primary, and had been defeated. He stated that he was a first time candidate, and had attempted to file his pre-primary report correctly. Mr. Wells remarked that he had neglected filing the annual report. In response to a question from Mr. Morgan, Mr. Wells stated that he was a painting contractor. He added that he had no intention to ignore the reporting requirement, but stated that he was interested in the arguments raised by Mr. Chambers.

In response to a question from Mr. Morgan, Mr. Wells stated that he planned on running in the next primary because he had made a good showing in the 1996 primary and other individuals were urging him to run again. He added that he had also been offered adequate help to attend to the requirements governing legislative candidates. Mr. Wells stated that he was not making excuses, and accepted responsibility for not filing the report.

The chair noted that the Commission had previously reviewed the legal issues concerning the notice requirement raised by Mr. Chambers in his argument, and that the review confirms the Commission's process.

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

Mr. Mallamad moved, seconded by Mr. Cruea, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with three members voting "aye" (Mr. Cruea, Mr. Mallamad, and Mr. Perkins) and one member (Mr. Morgan) voting "nay", the motion was adopted.

97-4080-116 Johnson for State Representative

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter and supplemental material dated February 5, 1997 from Mr. Jim Johnson, the candidate, was received on February 7, 1997. A copy of this letter and the supplemental material is incorporated by reference in these minutes.

After Commission members reviewed the letter, and there being no further testimony in this cause, Mr. Mallamad moved, seconded by Mr. Morgan, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Perkins, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-4093-117 The Carey Election Committee

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4094-118 Barnett for the House

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4103-119 Lardell Harbor

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4106-120 Ortiz for State Representative

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4107-121 Committee to Elect Emilio Perez

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4113-122 Committee to Elect Jerry Fulk

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

Mr. Cruea stated that Mr. Fulk had been present at the morning session, but had to leave at noon. He added that Mr. Fulk had admitted that his report was late.

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

Mr. Mallamad moved, seconded by Mr. Morgan, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-4114-123 Greenwalt for State Representative

The chair recognized Mr. Ed Greenwalt, who stated that he was the treasurer and candidate for this committee, and had been defeated in the May 1996 primary. He stated that he had been in a hurry since he sent in the annual report when the October 1996 report was due, instead of in January 1997. Mr. Greenwalt indicated that the annual report was sent back to him by Commission staff on November 17, and that he had forgotten about filing the report again in January after receiving it back from the Commission. He noted that he did mail the annual report by regular U.S. mail on January 13 from Anderson.

In response to a question from the chair, Mr. Greenwalt indicated that he was a first time candidate. In response to a question from Mr. Morgan, Mr. Greenwalt stated that he planned on running again. He indicated that he had attended the Commission meeting today to learn how this process worked so that he would not go through it again. In response to a question from Ms. Casto, Mr. Greenwalt stated that he had attempted to file his committee's annual report early, but had done so in October 1996 and the report was returned to him at that time.

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

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

97-4119-124 Committee to Elect Norbert Wooley State Representative District #77

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter dated February 13, 1997 from Mr. Norbert Wooley, the candidate, was received on February 17, 1997. A copy of this letter is incorporated by reference in these minutes.

In response to a question from Mr. Cruea, Ms. Casto stated that Mr. Wooley did not provide proof of the priority mail service referred to in his letter.

After Commission members reviewed the letter, and there being no further testimony in this cause, Mr. Mallamad moved, seconded by Mr. Cruea, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Cruea, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-4120-125 Dennis Worman for State Representative

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter dated February 11, 1997 from Mr. Dennis Worman, the candidate, was received on February 17, 1997. A copy of this letter is incorporated by reference in these minutes.

In response to a question from the chair, Ms. Casto stated that Mr. Worman filed his committee's report with the Allen County Election Board in Fort Wayne on January 6, 1997 according to the file stamp on a copy in the Commission's file for this committee.

After Commission members reviewed the letter, and there being no further testimony in this cause, Mr. Cruea moved, seconded by Mr. Morgan, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved that the recommended civil penalty be imposed in this cause. There being no second, Mr. Mallamad withdrew the motion.

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

97-4121-126 Margaret Clayton for State Representative District 90

The chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that a letter dated February 13, 1997 from Ms. Margaret Clayton, the candidate, was received on February 17, 1997. A copy of this letter is incorporated by reference in these minutes.

The chair recognized Ms. Clayton, who stated that she had mailed the completed report on January 7, 1997. She indicated that when she spoke with Election Commission staff she was advised that blank forms would be mailed to committees before the annual report was due. Ms. Clayton mailed the annual report the same number of days before the deadline that she mailed her other 1996 reports. She added that she did not realize that she should have sent the report by registered mail, but she would in the future. In response to a question from the chair, Ms. Clayton responded that she was a first time candidate. In response to a question from Mr. Morgan concerning whether she would run again, Ms. Clayton stated that she had received a telephone call from her opponent, who said that she should run to another district before running again. She stated that she made a good showing, and did not intend to move. Ms. Clayton remarked that she had felt very close to the Indiana House and Senate, and had enjoyed serving as a page many times during her school years. Ms. Clayton stated that if she did run again, she would file the campaign finance reports in person.

In response to a question from Mr. Morgan, Ms. Clayton stated that she was a beautician, and that "it looks like it, doesn't it." She added that she had told the truth to the Commission about this matter, and that was all that she could say. In response to a question from the chair, Ms. Clayton stated that she mailed her report from the Southport post office.

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

Mr. Mallamad moved, seconded by Mr. Perkins, that this cause be dismissed. The chair called the question, and declared that with three members voting "aye" (Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and one member (Mr. Cruea) voting "nay", the motion was adopted.

97-4123-127 Daniels for State Senate

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4134-128 Lewis and Kappes PAC

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

[NOTE: Cause 97-129 was previously dismissed by the Commission.]

97-4157-130 Jim Osborne for State Representative

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4158-131 Arvin for State Representative

The chair asked if any person was present to speak on behalf of this committee. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. Ms. Robertson advised the Commission that an undated letter from Mr. Kevin M. Arvin, the candidate, was received on February 21, 1997. A copy of this letter is incorporated by reference in these minutes.

After Commission members reviewed the letter, and there being no further testimony in this cause, Mr. Mallamad moved, seconded by Mr. Perkins, that the record in this cause be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Perkins, that the recommended civil penalty be imposed in this cause. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-4162-132 Baker '96

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4170-133 The Committee to Elect Mark R. Struble

The chair recognized Mr. Struble, who stated that he had no excuse. He remarked that he was a first time candidate for office, and that he had no intent to skirt or show disrespect for the campaign finance laws. He indicated that he did not fully grasp the seriousness of the issue at the time, but does now after attending today's meeting. In response to a question from Mr. Morgan, Mr. Struble stated that he had been a candidate for State Representative in District 39.

In response to a question from the chair, Mr. Struble knew that the deadline was January 15, but did not realize that the deadline fell at noon. He added that when he filed his report, he was advised by Commission staff that this was fine since he had filed the report on that day. Mr. Struble noted that he filed his report with the County Election Board later on January 15. In response to a question from the chair, staff indicated that the noon deadline had been in effect for many years.

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

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

[NOTE: Cause 97-134 was previously dismissed by the Commission.]

97-4179-135 Dillon for Governor

97-4186-137 Germann for State Representative

97-4190-139 McPherson for Lieutenant Governor

The chair recognized Mr. Robbin Stewart to speak on behalf of the committee. Mr. King administered the oath to Mr. Stewart.

Mr. Stewart stated that the committee had raised and spent money in the 1996 campaign. He added that the committee had no good excuse for the late filing, and would pay any fine imposed by the Commission. He noted that he would be speaking on behalf of the committees in Causes 97-137 and 97-139, and requested that the Commission consider those cause at this time. Commission members consented.

In response to a question from the chair, Mr. Stewart indicated that Mr. Dillon had been a candidate in previous years, but for offices other than governor.

With regard to Cause 97-137, Mr. Stewart stated that Mr. Germann is a new resident in Indiana and had not previously participated in the political process. He added that Mr. Germann remains active in the Libertarian Party and is interested in being a candidate in the future. Mr. Stewart indicated that he was not aware of any other special circumstances in this case, but requested that the Commission waive Mr. Germann's fine.

With regard to Cause 97-139, the chair recognized Ms. Robertson, who advised the Commission that a letter dated February 21, 1997 from Miss Leona McPherson, the candidate, was received on February 21, 1997. A copy of this letter is incorporated by reference in these minutes.

Mr. Stewart indicated that the Libertarian Party had run a combined committee for governor and lieutenant governor, with the only fundraising activity being through the Dillon for Governor Committee. He stated that the Party would not use this structure in the future. Mr. Stewart stated that he did not believe Miss McPherson was personally liable for this.

In response to a question from the chair, Mr. King indicated that state law provides that each candidate automatically has a committee consisting of the candidate as chairman and treasurer until the candidate files a statement of organization indicating otherwise. Mr. Cruea noted that in reviewing the statement of organization in Miss McPherson's committee file, she had signed as both chairman and treasurer. Mr. Stewart responded that she did not think Miss McPherson understood the import of that document. The chair noted Miss McPherson's signature on this document was identical to her signature on the letter introduced into the record. In response to a question from Mr. Morgan, Mr. Stewart stated that he was a member of the Party's nominating committee, and had urged Miss McPherson to run. He added that he was not representing the Libertarian Party in any official capacity today. The chair suggested that Mr. Stewart advise Ms. McPherson that a committee organized in her name was on file with the Commission. Mr. Stewart agreed to do so.

There being no further testimony in these causes, Mr. Mallamad moved, seconded by Mr. Cruea, that the record in these causes be closed. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

The chair stated that although the Dillon Committee's report was less than a day late, and he thought the Commission had demonstrated in its consideration of other cases today that the members were not blindly applying the rules without taking the circumstances of each cause into account, he stated that the candidate in this cause was experienced in the political process.

Mr. Mallamad moved, seconded by Mr. Perkins, that the recommended civil penalty be imposed in Cause 97-135. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Cruea, that the recommended civil penalty be imposed in Cause 97-137. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Cruea, that the recommended civil penalty be imposed in Cause 97-139. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no member voting "nay", the motion was adopted.

97-4183-136 Janice Haynes for State Representative

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

[NOTE: Cause 97-137 was previously considered by the Commission.]

97-4189-138 Karl Radtke for State Representative

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

[NOTE: Cause 97-139 was previously considered by the Commission.]

97-4193-140 Friends of Steve Chapman

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-4207-141 Indiana Association of Mortgage Brokers Political Action Committee

The chair asked if any person was present to speak on behalf of this committee concerning its delinquent annual report. There being no response, the chair asked IEC staff if any individual had filed any document concerning this cause. The chair was advised that no document had been filed with the IEC.

There being no further testimony in this cause, the chair concluded further consideration of this matter pending closing of the record and the issuance of a final order upon direction of the Commission.

97-0587-45 Friends of Dave Nicholson

Staff noted that former State Senator Nicholson had been present during the meeting, but had left the room briefly and missed the chair's call for testimony on behalf of this committee.

The chair recognized Mr. Nicholson, who stated that he had several mitigating reasons for his lateness in filing, including the bad weather. He noted that he could not possibly have filed on the Saturday or Sunday following the deadline, which made the report that much later. Mr. Nicholson noted that he filed on January 21 at 9:12 a.m., but is being assessed for being seven days late, instead of being six days late by his estimation.

Mr. Nicholson testified that he wished to address the ten day "grace period" in the campaign finance law raised by Mr. Chambers in his statement. He stated that when the legislation was passed, the general assembly did not intend to fine everyone who was late, but to fine those who were blatantly ignoring the campaign finance reporting requirements. Mr. Nicholson noted that using the Commission's reading of the statute, anyone who filed between January 15 and January 25 would be subject to the civil penalty, and therefore stated that he should not be fined at all.

The chair noted that the Commission had reviewed this legal issue before, and stated that in his opinion there is some conflict in the regulatory scheme. The chair remarked that one provision may conflict with another provision, but he was personally satisfied that any conflict was not sufficient to undermine the integrity of this process. The chair indicated that he favored continuance to address this matter again at a later point, but stated that he believed the notice provision could be reconciled with the remainder of the campaign finance statute's enforcement procedures.

Mr. Morgan stated that he believed this matter should be continued to permit those parties raising this issue to present additional arguments to the Commission. The chair concurred with Mr. Morgan.

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

There being no other individuals wishing to present evidence concerning any cause, the chair recognized Ms. Robertson, who noted that in several causes heard today, the Commission had voted not to impose a fine, but did not formally vote to dismiss the cause. Mr. King noted that final Commission action on these causes would assist staff in notifying the committees regarding the Commission's decisions today. Ms. Robertson noted that a motion to impose a fine in Cause Numbers 97-20, 97-27, and 97-37 had failed by a three to one vote.

In response to a question from Mr. Perkins, staff noted that if these causes were not dismissed, they would carry over to subsequent Commission meetings.

Mr. Mallamad moved, seconded by Mr. Morgan, that these causes be dismissed. The chair called the question, and declared that with four members voting "aye" (Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and one member (Mr. Cruea) voting "nay", the motion was adopted.

Mr. Mallamad moved, seconded by Mr. Perkins, that in all causes heard today where no representative was present, no letter was filed with the Commission, and no other action concerning the cause was taken by the Commission, the recommended civil penalty be imposed. The chair noted that this motion would apply to these types of committees in either the October 1996 listing or the January 1997 listing previously incorporated in the record. The chair called the question, and declared that with four members voting "aye" (Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and one member (Mr. Cruea) voting "nay", the motion was adopted.

The chair directed staff to prepare the appropriate orders for all causes.

6. VOTING SYSTEM CERTIFICATION APPLICATIONS:

The chair recognized Mr. King, who stated that there were four voting systems on the Commission's agenda today, and that the first two were products of Governmental Business Systems (GBS). The chair recognized Mr. Larry Mandel and Ms. Lori Albitz of GBS.

Mr. King noted that Commission members had received a chart from the Election Center that sets forth the status of certain voting systems regarding their testing at Wyle Laboratories, the independent testing authority accredited by the National Association of State Election Directors (NASED). A copy of the chart is incorporated by reference in these minutes.

A. GBS ACCU-VOTE ES-2000 BALLOT READER:

Mr. King noted that GBS is identified in this chart as Global Election Systems, and that this system is listed in the chart as approved by Wyle with regard to compliance with the Federal Election Commission (FEC) standards governing voting system hardware. Mr. King remarked that by administrative rule, Indiana has additional standards that apply to voting system software.

Mr. King indicated that Commission members had received copies of correspondence concerning the approval of this system by Wyle Laboratories and the application of the Indiana standards, including: (1) a letter from Mr. Rick Vogel of GBS to Mr. King, dated June 28, 1996; (2) a letter from Ms. Joanne F. Kelly of Wyle Laboratories to Mr. Howard Van Pelt of GBS, dated August 9, 1996; (3) a letter from Carol Poole of Wyle Laboratories to Mr. Doug Lewis of the Election Center, dated August 23, 1996; (4) a survey response from Ms. Christie to Mr. Lewis, dated August 26, 1996; (5) a letter from Mr. Mandel to Mr. King, dated September 4, 1996; (6) a letter from Mr. King to Mr. Terry Desmond of GBS, dated October 10, 1996; (7) a letter from Mr. Mandel to Mr. King, dated November 19, 1996; and (8) a memorandum to the Commission from Mr. Paul D. Tex of the Applications Development Center of Information Services Division, a state agency, dated February 21, 1997. Copies of these documents are incorporated by reference in these minutes.

Mr. King noted that Commission staff had contacted Information Services Division for a technical assessment as to whether this voting system complies with the Indiana standards. He indicated that Mr. Tex's response was that the software did comply with these standards. Mr. King stated that since the ACCU-VOTE system had been certified by Wyle Laboratories, and since the Commission staff had received a technical evaluation indicating that the system complied with the Indiana standards concerning software, it was the recommendation of staff that the Commission may approve the ACCU-VOTE system for marketing and use in Indiana.

Mr. King noted that although this question did not apply to the standards governing approval of voting systems today, Mr. Tex's letter included a suggestion that voting systems include a "Year 2000 application" that would prevent problems resulting from the upcoming calendar year change. He advised the Commission that the Year 2000 application was not currently required under either the FEC standards or the Indiana standards.

The chair recognized Mr. Mandel, who stated that he had checked with GBS technical staff, who advised him that they were allocating a four byte field date, and that the year 2000 application would not be a problem in their DOS based system or in the system's firmware. He added that this application will not cause any problems with voting on this system.

In response to a question from the chair, Mr. Mandel stated that GBS had no relationship with the Election Center, and that the Election Center served as a clearinghouse for information to state election authorities. He noted that Wyle Laboratories assigned the "NASED number" to this voting system.

In response to a question from the chair, Mr. King stated that the Indiana Voting Systems Advisory Committee had been abolished by statute, and was no longer functioning. He added that there are not currently individuals on the Commission staff with expertise regarding compliance with software standards, and knowing that some Commission members might be less than proficient with these standards as well, that was the motivation for staff to seek a technical evaluation from an independent state agency. The chair stated that this seemed like a good approach and should be followed unless their was objection from Commission members. There was no objection.

The chair recognized Mr. Mandel, who stated that Wyle Laboratories was the only firm that currently performs this testing of voting systems. He added that GBS had incurred a cost of $48,000 at Wyle to receive testing of this voting system, which began in March 1996 and finished in August 1996. The chair requested that staff obtain a copy of the Wyle Laboratories final report concerning this system. In response to a question from the chair, Mr. Mandel remarked that GBS would be willing to pay any cost related to staff obtaining a copy of the final report from Wyle. Mr. Mandel stated that GBS was representing to the Commission at this time that the voting system was fit for its intended purposes.

In response to a question from Mr. Perkins, Mr. King stated that the Commission would not be entering into a contract with GBS concerning the use of this system, other than one providing for the escrow of software. He indicated that he and Ms. Robertson would review that contract, and noted that information concerning an escrow contract with another vendor was on the Commission's agenda for information later in this meeting.

Mr. Mandel introduced Ms. Albitz, and noted that she had been selling GBS election voting systems and election document packages in Indiana for about ten years.

Mr. Cruea indicated that some of the documents being discussed did not appear in his packet, and noted that he did not wish to jump in by approving the system without reviewing this material. In response to a question from Mr. Cruea, Mr. Mandel noted that staff had an opportunity to view this system at the Voting System Advisory Committee's meeting in May 1995. Mr. Cruea stated that since the legislature had decided that the Commission should be the agency in charge of approving voting systems, that he wished to see this system before voting.

In response to a question from the chair, Mr. Mandel noted that while this voting system would not be used before the May 1998 primary, there were other vendors marketing systems now, and that the firm needed to make sales in advance of the election. He stated that GBS had begun this process in March 1995, almost two years ago, and noted that GBS had complied with everything asked of the company. The chair responded that the Commission did have a learning curve regarding this process, but wished to give Commission members ample opportunity for review.

The chair recognized Mr. Cruea, who stated that he understood that in the past, the Commission had certified voting systems with a demonstration of the system at the next Commission meeting. In response to a question from the chair, Mr. King stated that there was no requirement in the statute for a demonstration of the system prior to the Commission granting certification to a system. Mr. Cruea stated that he would be in favor of certifying the system to permit GBS to market the system, but that he wished to have a demonstration of the system at the next meeting. Mr. Mandel responded that this approach was acceptable to GBS.

There being no further discussion, Mr. Mallamad moved, seconded by Mr. Cruea, that the GBS ACCU-VOTE ES-2000 BALLOT READER voting system be approved for marketing and use in Indiana, subject to a full demonstration of the voting system at the next Commission meeting. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no members voting "nay", the motion was adopted.

B. GBS ACCU-TAB VOTING SYSTEM:

The chair recognized Mr. King, who noted that this GBS system was a more traditional punch card voting system that had been in use in several Indiana counties for many years. He stated that GBS had submitted an application for recertification of this system, including all supplemental material. Mr. King noted that the next step required by statute was to give current Indiana county users an opportunity to comment on the recertification application.

Mr. King indicated that Commission members had received copies of correspondence concerning the recertification of this system, including: (1) the recertification application, dated June 24, 1996; (2) a letter from Mr. Mandel to Mr. King, dated June 26, 1996; (3) a letter from Ms. Christie and former Co-Director Mr. John T.L. Koenig to Mr. Mandel, dated June 27, 1996; (4) a letter from Mr. Mandel to Mr. King, dated July 29, 1996; and (5) a letter from Ms. Christie and Mr. Koenig, to Mr. Mandel, dated September 10, 1996. Copies of these documents are incorporated by reference in these minutes.

The chair requested that staff poll members following this meeting to fix a meeting date in the near future to conduct the public hearing on recertification of this system.

The chair recognized Mr. Mandel, who asked if GBS should proceed with having this system tested by Wyle Laboratories. The chair recognized Mr. King, who stated that staff was relying on Wyle when existing voting systems come up for recertification to determine that the systems complied with FEC standards. He added that the schedule for Wyle testing was at the will of the vendor, but was a required step under the applicable statutes and rules. The chair stated that GBS had the Commission's approval to proceed with Wyle's testing of the system.

C. BUSINESS RECORDS CORPORATION (BRC) PC-BT SYSTEM:

The chair recognized Mr. King, who noted that this BRC system is also a punch card system currently in use that is coming up for recertification. He added that BRC submitted an application for recertification some time ago. Mr. King indicated that Commission members had received a copy of a letter from Mr. Dan T. McGinnis of GBS to Mr. King, dated February 24, 1997 concerning the status of this application. A copy of this letter is incorporated by reference in these minutes.

The chair recognized Mr. Jack Black and Mr. Robb McGinnis of BRC, who stated that they were both sales consultants for BRC in Indiana. The chair stated that he understood from the letter that the testing of this system had been delayed as a result of BRC's merger with American Information Systems (AIS). He added that he hoped they could address BRC's expectations regarding testing of the voting system so that the system will be available for use in the May 1998 primary. The chair also asked Mr. Black and Mr. McGinnis if there were any issues that should be addressed before the merger is completed and the testing occurs.

Mr. Black noted that the third paragraph of the letter stated that BRC plans to have certification completed in adequate time to submit the results to the Commission before the May 1998 primary. He added that he hoped to have the system available for a public demonstration before the Commission in fall 1997.

In response to a question from the chair, Mr. Black noted that BRC was applying for recertification of a system that is currently in use in thirty-five counties in Indiana.

In response to a question from Mr. Cruea, Mr. Black stated that the name would be the only feature of the system to change as a result of the merger. Mr. Cruea stated that as a former circuit court clerk, he had been very happy with this system. Mr. Black noted that the system had been originally approved about ten years ago for marketing and use in Indiana.

In response to a question from the chair, Mr. Black indicated that BRC's attorneys and U.S. Justice Department attorneys met about two weeks ago, and that the matter was taken under advisement to determine if a monopoly was involved. Mr. Black advised the chair that he was not familiar with which division of the Justice Department was involved in this matter.

In response to a question from the chair, Mr. Black stated that BRC was publicly traded, but AIS was privately owned. Mr. McGinnis stated that he believed AIS was owned by a newspaper firm in Omaha, Nebraska. In response to a question from the chair, Mr. McGinnis indicated that AIS was only acquiring the election division of BRC, not the remaining divisions of BRC. Mr. Black indicated that the two companies will merge, and then rename both companies at that time. In response to another question from the chair, Mr. Black indicated that the product will not change, but the name of the company will change. Mr. McGinnis added that the customers will not be affected by the change since the company will retain the same office and telephone numbers.

In response to a question from the chair, Mr. McGinnis stated that he had been notified that the merger should be complete by April 1, 1997. He indicated that BRC would notify the Commission immediately upon receiving further news. In response to another question from the chair, Mr. McGinnis indicated that the completion of the merger was not a prerequisite for beginning testing of the voting system at Wyle Laboratories. He indicated that the Wyle testing would be performed regardless of the outcome of the merger. He added that testing had been delayed by the high fees at Wyle since BRC did not wish to pay the fees because BRC had several items awaiting Wyle testing and anticipated a bill from Wyle for $90,000. Mr. McGinnis remarked that BRC did not wish to incur these costs before the merger if BRC would not recognize revenue as a result from the testing. Likewise, he added that the new company did not want to incur the fees before the federal government approved the merger. Mr. McGinnis stated that if the merger did not occur, BRC will proceed with the testing.

The chair indicated that the Commission's interest was in ensuring that the Commission was available for use in 1998 and that no Indiana customers were inconvenienced. He expressed his concern that the Justice Department might not act in a timely fashion, or that the matter would be complex and require lengthy deliberation. The chair sought assurance that at some point, regardless of the merger, the recertification process would be completed.

Mr. Black stated that he had been advised that the Justice Department has twenty working days after the meeting to advise whether the Department approves of the merger, and that today was the fifteenth working day of the cycle. He noted that attorneys from both companies would be moving the merger along as quickly as permitted by federal law. He added that the original goal had been January 15 when the merger process began in November, but that he thought the "drop dead date" was to be able to give a demonstration of the system to the Commission during the fall quarter of 1997. Mr. Black indicated that BRC had worked with Wyle Laboratories in the certification process of voting systems in Indiana and other states. He noted that if the Commission could then complete the recertification process by December 31, 1997, there was no question that the ballot card system would be available for use in 1998. Mr. Black indicated that with 35 counties depending on this system, the company would not leave anyone "hanging out" without accomplishing what BRC needed to accomplish.

In response to a question from the chair concerning the time required for testing by Wyle, Mr. Black indicated that the process was lengthy, and involved one week of twenty-four hour a day testing. He stated that he anticipated that Wyle would take about eight to twelve weeks to test and produce a report concerning an existing punch card voting system such as this one. Mr. McGinnis stated that of this time, actual testing would probably take about two weeks. Mr. Black noted that since Wyle was the only ITA, BRC was somewhat at their mercy concerning the testing schedule.

The chair requested that BRC advise the Commission at each meeting where this system is in the testing process. Mr. Black assured the chair that BRC would do so. Mr. McGinnis added that BRC would also contact Commission staff with updated information.

Mr. Black remarked that with regard to the Year 2000 application, the system's PC based ballot tabulation system will not have a problem dealing with this calendar change because the system is DOS based. He noted that the system will print out "2000", so that this will not be a problem for users of this voting system.

The chair thanked Mr. Black and Mr. McGinnis for their remarks.

D. MICROVOTE MV 464 WITH MEMS SYSTEM:

The chair then recognized Mr. Steve Corey and Mr. Ray Ortiz of MicroVote Corporation. Mr. Corey stated that he was a sales representative for the company in Indiana, and that Mr. Ortiz was Director of Customer Service. Mr. Corey stated that MicroVote is an Indianapolis based company, with 25 Indiana counties currently using the MicroVote voting system. Mr. Corey indicated that Wyle Laboratories no longer serves as an ITA for software due to inadequate staffing, and that NASED has now designated Nichols Laboratories, which is also located in Huntsville, Alabama, as the only ITA for software testing.

Mr. Corey noted that Wyle Laboratories has certified the MicroVote MV 464 hardware as meeting FEC standards. He indicated, however that Nichols did not wish to begin certifying software until guidelines were established. He added that Mr. Ortiz had been in contact with the Director of Software Engineering at Nichols.

The chair recognized Mr. Ortiz, who said that in his conversation with Nichols yesterday, who indicated that Nichols needed to contact Wyle to determine precisely where Wyle's testing had stopped with regard to the MV 464 firmware. Mr. Ortiz said that Nichols was not ready at this time to accept paperwork or documentation from MicroVote regarding its system. He indicated that MicroVote had invited representatives from Nichols to come to Indianapolis, and that Nichols had accepted this invitation to take a look at the MV 464 system to understand how the system works. He added that Nichols would then request documentation concerning the MV 464 and the testing process would begin. Mr. Ortiz stated that he understood that the software testing process would take two to three months to complete. He indicated that he believed MicroVote was headed in the right direction with this process and would keep the Commission informed of its progress at each meeting. In response to a question from the chair, Mr. Ortiz indicated that representatives from MicroVote would be present at each Commission meeting to ensure that the Commission was not surprised by any developments in this process. He noted that MicroVote needed to obtain this certification before November 1997 for elections in other states.

The chair recognized Mr. King, who stated that the Commission staff learned of the designation of Nichols as a NASED software ITA about a week ago upon receiving a facsimile transmission from the Election Center. He noted that staff was particularly concerned with the fairness of requiring any vendor to submit software for certification to Nichols if the vendor had filed an application for recertification before Nichols was designated as a software ITA. Mr. King requested guidance from the Commission for guidance as to whether staff should contact ISD for an evaluation of this software in the same manner as GBS, or whether the vendor should be advised to proceed with testing the software at Nichols Research.

In response to a question from the chair, Mr. Ortiz indicated that he simply knew that Nichols had been approved by Wyle Laboratories, a major player in the election field. He noted that MicroVote had paid over $70,000 to Wyle for services regarding the hardware on another machine. Mr. Ortiz stated that MicroVote would now be required to go to Nichols to pay additional money to get this software tested to be able to sell the system in states where the system is used.

Mr. Corey noted that when Wyle was certifying software, there were no standards in place, and vendors were at Wyle's mercy. He added that with the designation of Nichols as a software ITA, MicroVote wished to see a set of guidelines to know what standards the system would have to meet. He indicated that Nichols is currently compiling guidelines from Wyle, NASED, and other sources, and that as soon as the guidelines were established, MicroVote would proceed. In response to a question from the chair, Mr. Ortiz stated that after visiting MicroVote, the Nichols staff would be ready to establish the guidelines for software. He added that Nichols was working with Mr. Bob Naegele, who was an expert in this field and had performed extensive software testing. Mr. Ortiz indicated that he thought the process was moving fairly rapidly.

In response to a question from Mr. Perkins, Mr. Ortiz understood that Nichols Research will serve as the only ITA for software in the United States, just as Wyle is for equipment. Mr. Corey added that some other states require ITA testing, while others simply provide systems for the review of state election commissions. He noted that while there were Indiana state standards, NASED and others were the source of the guidelines that Nichols was developing.

The chair recognized Mr. King, who noted that the current Indiana standards for voting system software had been established by administrative rule in 1992. Mr. Corey added that this application was for recertification of a currently used system, and not for certification of a new system.

The chair indicated in response to Mr. King's earlier inquiry that at this time he wanted the Commission to wait to see what developed with Nichols Research, but not to wait too long.

Mr. Ortiz stated that since representatives from Nichols would be arriving in Indianapolis during the first week of March, there would be more information available after that time. He indicated that Nichols appeared to be conforming closely with FEC standards and that they would know more at the next Commission meeting. The chair requested that this item be placed on the agenda for that meeting and that the Commission could make a decision after receiving more information at that time. He stated that this meeting should occur within sixty days.

The chair recognized Mr. King, who noted that Commission members had received a copy of a letter from Mr. Corey to Mr. King, dated January 7, 1997 and a copy of a letter from Mr. Craig W. Motta of Brambles Information Management to Mr. Corey, dated December 26, 1996 concerning the escrow agreement for MicroVote software. A copy of this letter is incorporated by reference in these minutes.

7. ELECTION AND REGISTRATION FORMS:

The chair recognized Mr. King, who noted that Commission members had received a copy of a memorandum dated June 25, 1996 to Ms. Judie Nysewander, Director of Forms Management from Mr. King, Ms. Robertson, and Ms. Koehler responding to a forms survey required under House Enrolled Act 1414-1996. A copy of this memorandum is incorporated by reference into these minutes.

Mr. King stated several forms were presented to the Commission for review and approval, and that these concerned certification of election results, the electoral college, and miscellaneous forms relating to the absentee ballot and voter registration process. Copies of these forms are incorporated by reference in these minutes.

The chair recognized Mr. Cruea, who stated that he had reviewed the forms, and that they looked very good. He indicated that several would be very helpful to the counties. Mr. Cruea stated that he wanted the absentee ballot application to be reduced to 8 1/2 by 11 to accommodate existing filing cabinets. Ms. Christie indicated that staff would work to achieve this result.

Mr. Mallamad moved, seconded by Mr. Cruea, that Commission staff use its best efforts to reduce the absentee ballot application to 8 1/2 by 11, and that the Commission prescribe the following new or revised forms as submitted: ABS-1 (R8/8-96); CAN-23 (R/11-95); CEB-7 (R; 1-97); CEB-8 (R; 1-97); CEB-9 (R; 7-96); CEB-10 (7-96) and two mailing envelopes [CEB-10a and CEB-10b] (8-96); CEB-11 (R/11-96); CEB-12 (7-96); CEB-13 (7-96) with mailing envelope CEB 13-a (8-96); CEB-14 (1-97); CEB-15 (1-97); CEB-16 (1-97); CEB-17 (1-97); CEB-18 (1-97); CEB-19 (1-97); CEB-20 (1-97); CEB-21 (1-97); CEB-22 (1-97); CFA-10 (R2/7-96); IEC-12 (R/6-96); IEC-13 (6-96); IEC-14 (R3/6-96); IEC-15 (R3/7-96); IEC-16 (R/7-96); IEC-17 (R/7-96); IEC-18 (R2/6-96); IEC-19 (R4/1-97); IEC-20 (R2/6-96); IEC-21 (7-96); PRE-8 (7-96); PRE-9 (7-96); PRE-10 (7-96); PRE-11 (9-96); PRE-12 (8-96); PRE-13 (8-96); PRE-15 (8-96); "Vote Here" poster (SF 47943; 7-96); VRG-13a (R2/6-96); VRG-13b (R2/8-96); and VRG-22 (7-96). The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no members voting "nay", the motion was adopted.

8. LITIGATION UPDATE:

The chair recognized Ms. Beth Henkel of the Attorney General's office. The chair noted that since this was a public meeting, the Commission was requesting her guidance, but that if the attorney-client privilege requires any limit to her responsiveness necessary to preserve that privilege, she should accordingly limit her response to any question from the Commission. She responded that this was her intent, and that she would present updated information concerning these cases in that manner.

Ms. Henkel remarked that in Deppert v. State of Indiana, which involved the state's implementation of the National Voter Registration Act (NVRA or "Motor Voter"), this case had been concluded and dismissed by the federal district court. A copy of the Stipulation of Dismissal, filed August 5, 1995, is incorporated by reference in these minutes.

Ms. Henkel indicated that the Anderson v. Mallamad case, which involved the election of township small claims court judges in Marion County, has cross motions for summary judgment pending regarding the Equal Protection and Voting Rights Act claims. She stated that these motions had been pending since early January 1997, and she anticipated that Judge Hamilton would rule on these motions shortly. She added that a trial date had been set in this case for June 2, 1997, and would update the Commission concerning this case. In response to a question from the chair, Ms. Henkel indicated that Commission members need not be available for testimony since the legal issues in this case involve Marion County elections only. In response to another question from the chair, Ms. Henkel indicated that Commission members would not be subject to depositions since discovery in this case has been concluded.

Ms. Henkel stated that the Stewart v. Taylor case involved two issues: first, the Indiana anti-fusion statute which was upheld last fall by both Judge Dillon in federal district court and by the 7th Circuit in Chicago. She noted that the Indiana statute provided that when an individual is slated as a candidate of one party, and then slated as the candidate of another party, both parties must consent to the slating. If one party does not consent, then the individual must make a selection between the two. Ms. Henkel stated that in this case, Mr. Stewart was nominated first by the Republican Party at a primary, and then by the Libertarian Party at a convention as a candidate for a township office. She noted that when the Republican Party objected to the second nomination, the Marion County Clerk certified Mr. Stewart for placement on the ballot only on the Libertarian Party ticket, as provided by state law. Ms. Henkel noted that Mr. Stewart then filed suit to challenge the Indiana statute.

Ms. Henkel noted that the second issue in this case involved the Indiana disclaimer statute. She remarked that at the primary, Mr. Stewart put up a campaign poster that did not contain the information required by statute indicating who had paid for the poster. Ms. Henkel indicated that Mr. Stewart also sued challenging the statutory ban on anonymous literature. She noted that on January 22, 1997, Judge Barker granted a summary judgment motion finding the current Indiana statute unconstitutional on its face based on the Ohio Election Commission v. McIntyre case decided by the United States Supreme Court in 1995. Ms. Henkel indicated that the time to appeal Judge Barker's decision expired last Friday, and that she had contacted the Co-Directors and in accordance with their directions, an appeal was not filed.

The chair recognized Ms. Robertson, who indicated that she had contacted election administrators in several states regarding this matter, and that in many states, the disclaimer statute was being challenged on the same basis. A copy of the memorandum prepared by Ms. Robertson, dated February 14, 1997, which includes a copy of the Court of Appeals decision and the federal district court decision in this case, is incorporated by reference in these minutes. Ms. Robertson stated that the information gathered in this process could be useful for legislators to determine whether to repeal the existing statute and enact a replacement, or to amend the current statute to reflect these decisions. She indicated that she would provide more information on this matter to the Commission at later meetings.

The chair recognized Ms. Henkel, who stated that the final pending case was Brownsburg Area Patrons Affecting Change (BAPAC) v. Baldwin, which concerned the Indiana statutes requiring campaign finance reporting by political action committees. She noted that Judge Hamilton ruled that BAPAC was not a political action committee since the BAPAC only engaged in "issue advocacy" and not "express advocacy" regarding the election or defeat of a candidate or party. She stated that Judge Hamilton denied a motion for a preliminary injunction last October since the Indiana statute's definition of a PAC only applied to express advocacy and not issue advocacy. Ms. Henkel indicated that the United States Supreme Court had used a similar distinction to uphold a federal statute in the Buckley v. Valeo case, and that Indiana's campaign finance statute had been modeled after the federal statute. She noted that BAPAC has appealed this denial of a preliminary injunction to the Seventh Circuit, and that briefs are due in this case on March 3. Ms. Henkel stated that the Hendricks County Election Board had filed a waiver of briefing and oral arguments in this case, believing that the state should bear the burden of defense in this matter.

The chair thanked Ms. Henkel for her presentation.

9. ELECTION DIVISION STAFF CHANGES:

The chair recognized Ms. Christie, who noted that as of January 1, 1997, the staff persons are now designated as the "Election Division." She advised the Commission that Mr. John T.L. Koenig had resigned as Co-Director, and was succeeded as Co-Director by Ms. Mary Ann Tippett. Ms. Christie stated that after working her first day as Co-Director, Ms. Tippett had a baby that night and is currently on maternity leave. Ms. Christie noted that Ms. Casto had been appointed by the Governor's office before January 1 as the acting Co-Director. She stated that she and Ms. Casto had been working with the Secretary of State's office to fulfill the staff's obligations while working to keep Ms. Tippett in the loop.

Ms. Christie noted that Ms. Bridget Schlebecker, the agency's administrative assistant, would be leaving as of March 7, and that the agency was in the process of finding a replacement for her. She thanked the entire staff, who she noted had been working long, arduous hours to prepare for this meeting. She hoped that the Commission would never need to have such a long, complicated agenda again. The chair thanked Ms. Christie for her presentation, and noted that it might be useful to have one more Commission meeting each year.

10. ELECTION LEGISLATION UPDATE:

The chair recognized Mr. King, who noted that the Indiana General Assembly was in session, and that there were two types of bills generally that could have an impact on the Commission's work. He noted that several types of campaign finance reform bills were moving through the process, but the most significant were Senate Bill 1 and House Bills 1844 and 2030. Mr. King remarked that these bills would impose additional requirements not only for political committees, but for the Commission, particularly in the area of additional reports and computerization. He noted that staff would not know the final extent of these changes until after the legislature adjourned on April 30. Mr. King stated that the second type of bill are the usual ones proposing relatively minor adjustments in the election process. He noted that Senate Bill 515 is the most significant of these, and that this legislation implements the final phase of the transition by sorting out which election activities are to be performed by staff, which by the Commission, and which by the Secretary of State as an individual.

A copy of the memorandum prepared by Mr. King entitled "1997 Session Election-Related Legislation" dated February 25, 1997, is incorporated by reference in these minutes.

The chair recognized Mr. Morgan, who stated that he had discussed possible legislative changes with Representative Kromkowski concerning the current law providing for a nine week special election process when a special election is ordered following a contest before the state recount commission. He noted that this possibility had arisen in the Senate District 10 contest last year following the May primary, and stated that this would have been a catastrophe to the whole process. Mr. Morgan asked if Mr. King had spoken with Representative Kromkowski about this issue. Mr. King responded that he had not, but would be happy to do so.

The chair stated that it might be desirable to set the date of the next Commission meeting following the adjournment of the general assembly to have a better idea of the impact of this year's legislation.

11. COUNTY NVRA IMPLEMENTATION PLANS:

The chair recognized Ms. Koehler, who presented NVRA implementation plans from Floyd County and Washington County to the Commission for approval. She presented documents entitled "NVRA County Implementation Plans for Commission Approval", "County Implementation Plan Status", "New and Updated Voter Registrations in Indiana (1-97); (1/96-12/96); (1/95-12/95); "New Voter Registrations by County (1/1/97-1/31/97); (1/1/96-12/31/96); (1/1/95-12/31/95)" and a memorandum from the Commission to Circuit Court Clerks dated November 18, 1996 concerning certain voters whose names did not appear on poll lists. Copies of these documents are incorporated by reference in these minutes.

Ms. Koehler noted that she planned to have the final county plans ready for approval at the next meeting. She stated that she was also planning to submit proposed findings to the Commission regarding election related problems where voters appeared at the polls with a receipt from a full service voter registration agency. but where the county voter registration office had no record of the application, or had approved the application. Ms. Koehler indicated that these cases were not complicated and that a relatively small number occurred at the last election.

After review of the Floyd and Washington plans, Mr. Mallamad moved, seconded by Mr. Perkins, that these plans be approved. The chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Mallamad, Mr. Morgan, and Mr. Perkins) and no members voting "nay", the motion was adopted.

12. BLOCK BOUNDARY SUGGESTION PROJECT:

The chair recognized Ms. Maureen Bard and Ms. Lori Hershberger. Ms. Hershberger stated that the main purpose today was to show how the Election Commission will benefit from this project, even though the project is being conducted by Legislative Services Agency. She noted that precinct boundaries are being entered digitally, which will lead to greater accuracy during redistricting.

The chair recognized Ms. Tami Baretto, who stated that she worked for the Center for Urban Policy of the School for Public and Environment Affairs (SPEA). She remarked that the Block Boundary Suggestion Project was an opportunity for local governments to suggest to the Census Bureau where census block boundaries should be drawn for the next census. She noted that this would also assist with local level redistricting. Ms. Baretto remarked that the Census Bureau was also conducting projects to identify new roads and subdivisions and changes in city and town boundary lines. She stated that she was supervising students, who were meeting with the clerk in each county and other officials to obtain information concerning current precinct lines and to add and correct other lines.

In response to a question from Mr. Cruea, Ms. Baretto stated that most other states are participating in the Block Boundary Suggestion Project, but that Indiana is much farther along than most. Ms. Bard added that students were attempting to confirm both the geographic features shown on the base map provided by the Census, as well as precinct boundary information. She noted that this project will greatly assist the Commission's precinct boundary approval process by generating useable precinct maps and assisting data base management since each precinct will consist of census blocks. Ms. Bard indicated that as of this date, all county maps have been digitized with the exception of Lake County and St. Joseph County. She remarked that twenty-three counties are entirely through the process, including site visits, information verification, block boundary suggestions, and original documentation (such as aerial photographs). The counties are indicated on a map, which is incorporated by reference in these minutes.

Ms. Bard indicated that under current plans, the project would be finished by the end of May. She noted that the project had been delayed by some technology problems, but that these have been resolved. Ms. Bard remarked that in the future, the Commission would not be required to deal with large census maps when considering precinct changes, and that this technology will permit questions from counties to be resolved by faxing the maps. She added that the project also highlighted discrepancies between county records and Commission records concerning precinct boundaries, and that of 22 counties, eight showed some form of precinct boundary discrepancy. Ms. Bard noted that most of these discrepancies were minor ones that will be resolved either by BBSP or aerial photographs. She stated, however, that discrepancies involving annexations were difficult to resolve since these tended to follow property lines, not visible features.

The chair congratulated Ms. Bard and Ms. Hershberger on their good work. In response to a question from the chair, Ms. Bard stated that all Indiana counties should be digitized by March.

She noted that each county's information goes through many hands, and that the quality control process takes a lengthy amount of time. Ms. Baretto added that county site visits will be completed by end of March and that clean-up will be required after that.

13. ST. JOSEPH COUNTY PRECINCTS:

The chair recognized Mr. King, who stated that Commission members had received copies of a letter dated August 19, 1996 from Carl H. Baxmeyer, St. Joseph County Republican chairman. A copy of this letter is incorporated by reference in these minutes.

Mr. King stated that the letter indicated that precinct boundary lines in St. Joseph County may have been changed without review and approval by the Election Commission. He noted that the letter raises questions regarding the impact of these changes on the 1996 elections. Mr. King stated that this issue arose during the election contest and recount in State Senate District 10 following the May 1996 primary. He indicated that this letter was addressed to the Commission and was initially provided for the information of the members.

Mr. King noted that the letter was correct in that precinct boundary changes do not become legally effective until after review and approval by the Election Commission. He indicated that the Commission's enforcement authority does not include the ability for the Commission to issue an order to compel a county to change precinct lines following an unauthorized change. He stated that this responsibility falls on a voter, candidate, or interested party in the county to seek judicial relief. In response to a question from the chair, Mr. Morgan noted that he was the St. Joseph County Democratic Party chairman.

In response to a question from the chair, Mr. King noted that there were two different issues involved in any Commission response to the letter: first, determining by means of the Block Boundary Suggestion Project whether discrepancies did exist between the Commission's records and St. Joseph County's records concerning these precincts; secondly, the method of enforcement, noting that any enforcement letter would not have a legally binding effect.

The chair noted that the Commission could send a letter which would advise the County that any discrepancy should be corrected. In response to a question from the chair, Mr. King stated that if the Block Boundary Suggestion Project indicated that a discrepancy exists, and if so instructed by the Commission, staff could send a letter to St. Joseph County stating that precinct boundary lines had been changed without the Commission's approval, and that these lines should be changed back. The chair noted that since precinct boundaries fell within the Commission's jurisdiction, it would be advisable for the Commission to present the County with the appropriate method for changing precinct lines.

The chair recognized Mr. Morgan, who stated that any change in precincts should be in compliance with state law, and that there had been changes in leadership in St. Joseph County in the positions responsible for seeking this compliance. He indicated that the current persons in those positions were concerned with these changes being made properly. Mr. Morgan noted that these changes were made in during a short period of time, and that the testimony in the election contest indicated that they had caused great confusion. He noted that everyone should be careful that these changes are made for the right reasons, and that everyone affected by the changes are properly notified.

Mr. Morgan indicated that a great deal of scrutiny needs to occur when ballots are printed so that the candidates appear properly on the ballot. He stated that the County Election Board and current County Commissioners are concerned about this matter, and that he shares this concern as a county chairman. Mr. Morgan added that Ms. Jeannette Moler, who will be serving as an officer on the Republican Party County Committee is also concerned and will be a watchdog on this issue.

The chair asked if any Commissioner was reluctant to investigate whether there is a problem. Mr. Morgan stated that this would be the year to do it. Mr. Cruea felt that the Commission should determine where the precinct lines are, and that the parties should be notified that the matter will be placed on the agenda of the next meeting.

The chair therefore advised staff to conduct whatever preliminary investigation the Commission was authorized to do to determine if there is a problem, and if a problem is discovered, the Commission can deliberate at the next meeting about whether to send a letter to notify the appropriate parties or to take some other action. He added that he was not comfortable about not responding to the letter.

14. ADJOURNMENT:

The chair thanked staff for their efforts in preparing for this lengthy meeting, and stated that he was encouraged by the cooperative efforts made by the Commission.

There being no further business to come before the Commission, Mr. Mallamad moved, seconded by Mr. Perkins, that the Commission do now adjourn. The chair called the question and declared the motion adopted unanimously. The Commission then adjourned at 4:23 p.m.

Respectfully Submitted,


__________________________           _________________________
Carole M. Casto                                          Laurie P. Christie
Acting Co-Director                                    Co-Director

APPROVED:


__________________________
Jeffery M. Mallamad
Chairman