The Marion County Election Board voted unanimously Wednesday to formally notify Secretary of State Diego Morales of investigative findings that his reelection campaign used state-owned equipment and facilities to produce campaign material, and to give him an opportunity to respond before potentially referring the matter to state oversight agencies.
The board’s action stems from concerns raised last spring after Morales released a campaign announcement video that included footage of him inside the Marion County Election Service Center. According to board counsel, that visit occurred while Morales was acting in his official capacity as secretary of state, and the footage appears to have been captured using state resources.
Board members first discussed the issue in May 2025, shortly after Morales announced his reelection bid. After preliminary inquiries, they voted under their authority , to initiate a formal investigation into whether any election laws or related statutes had been violated.
On Wednesday, board counsel summarized the results of that investigation, which included a review of security footage from the election center, analysis of the campaign video and related materials, and interviews with approximately half a dozen individuals connected to Morales’s visit. Counsel said Morales declined to be interviewed, though his office made employees available to investigators.
The investigation concluded that state property — including video equipment and microphones used during Morales’s official visit — was used to create content later incorporated into his campaign advertisement. Counsel characterized this as a potential misuse of state resources that could implicate Title 4 of Indiana law, which governs improper use of state property by public officials.
Because Morales, as a statewide officeholder, is not subject to the same criminal provisions of Title 3 that apply to local election officials, counsel advised that any further action would likely involve referral to the State Inspector General and the State Ethics Commission, which oversee potential misuse of public resources and ethical violations by state officials.
However, counsel recommended first providing Morales formal notice of the investigative findings and an opportunity to respond, either in writing or by appearing before the board at a future meeting. Board members agreed with that approach.
Morales’s office previously responded in writing to an earlier letter from the board, asserting that there was no coordination between the campaign and the Secretary of State’s office and suggesting that the footage used in the video came from public sources. Counsel told the board that the response did not directly address a request that the campaign remove footage filmed inside the county facility.
In discussing their decision, board members emphasized their responsibility to ensure that public resources are not used for political purposes, particularly in sensitive election-related settings.
On a motion to proceed with formal notice outlining the findings and offering Morales a 30-day response window, the board voted unanimously in favor. Board counsel will coordinate with the secretary’s office to identify a suitable date, potentially aligned with an upcoming board meeting.
Depending on Morales’s response and any additional information provided, the board could then decide whether to refer the matter to the State Inspector General and State Ethics Commission.
