A Marion County judge has denied Secretary of State candidate Greg Ballard’s request to force the Indiana Election Commission to meet before Election Day on pending campaign finance complaints against his opponents.
Marion Superior Court Judge Jennifer Prinz Harrison issued the order Monday, three days after a hearing on Ballard’s motion for a preliminary injunction.
Ballard, the Lincoln Party nominee, sued the commission, its chair Beth Boyce, and members Suzannah Wilson Overholt, Karen Celestino-Horseman and John Westercamp. He asked the court to order the commission to convene on what his campaign describes as four pending complaints that third parties filed, alleging campaign finance violations by his opponents.
The commission has scheduled a public meeting for Nov. 20 at 10 a.m., more than two weeks after the Nov. 3 election.
In her order, Harrison found that Ballard did not meet any of the four requirements for a preliminary injunction. The court found he presented no evidence of how he would be harmed if the commission did not meet before Nov. 3. It described his claim that a meeting could affect voters’ decisions as speculation.
The court also found that Ballard had not shown he has standing to bring the claims. It noted that even if the commission found violations, the outcome would be limited to civil penalties and a referral to a prosecutor or the attorney general.
Harrison wrote that a meeting scheduled on short notice could conflict with the public-notice requirements of Indiana’s Open Door Law and the hearing-notice requirements of the Administrative Orders and Procedures Act. She added that Ballard offered no evidence there was time to meet those requirements before Election Day.
The order also cites separation of powers. Harrison noted that state law already allows the governor to order the commission to meet, either on his own judgment or on a petition signed by at least one voter from each congressional district.
The court found that ordering a meeting less than two weeks before Election Day would increase the risk of voter confusion.
In a statement released after the ruling, Ballard criticized the decision and the commission.
“Might makes right. The laws are intended to protect those in power,” Ballard said. “Not so long ago, the Election Commission acted in a more ethical, nonpartisan manner. However, the law does not protect voters from blatant political maneuvering if the commission decides to act to protect political parties over people.”
Ballard said his campaign is “exploring our legal options to compel the commission to perform its statutory duty to meet.”
He also said that both the Republican and Democratic candidates in the race have said publicly that the commission should meet before Election Day on the complaints.
A motion to dismiss filed by the defendants remains pending. According to the order, Ballard has not yet responded to it.
The case is Ballard v. Indiana Election Commission, No. 49D03-2610-CT-058232.
