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Elections Division :: Meeting Minutes

INDIANA ELECTION COMMISSION MINUTES

FEBRUARY 25, 1997

Table of Contents

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

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

[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

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

97-1583-03 Mills for State Senate Committee

97-1844-04 Porter County Medical PAC

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

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.

97-3014-08 Build Indiana PAC

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.

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.

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.

97-3692-12 Republican National State Committee

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.

[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.

97-3926-17 Democrats United for Victory

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.

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

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.

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.

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.

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

97-4049-24 Silverthorne for State Representative

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.

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.

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.

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.

[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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

97-0341-42 Grocers PAC

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

97-0401-44 Gery for State Senate Committee

97-0587-45 Friends of Dave Nicholson

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

97-0661-46 Mrvan for State Senate

[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.

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.

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.

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.

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

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.

97-1250-54 Indiana Naral PAC

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.

97-1543-56 Indiana Psychologists PAC

97-1772-57 Local #104 PAC

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.

97-1828-59 International Chiropractors Association of Indiana

[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.

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

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

97-3144-64 Local Union 855 PAC

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 t

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INDIANA ELECTION COMMISSION MINUTES

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INDIANA ELECTION COMMISSION MINUTES

INvotes : Election Division
Register to Vote | Absentee Ballot | Results | HAVA