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Indiana Election Division

Election Division > Election Commission > Archived IEC Minutes > 1999 Archived IEC Minutes > January 1999 Meeting Minutes Meeting Minutes

INDIANA ELECTION COMMISSION

MINUTES

JANUARY 21, 1999


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

MEMBERS ABSENT: Joseph M. Perkins, Jr.

STAFF ATTENDING: Laurie P. Christie, Co-Director, Election Division, Office of the Indiana Secretary of State ("Election Division"); Spencer Valentine, Co-Director, Election Division; J. Bradley King, Co-General Counsel, IEC and Election Division; Kristi Robertson, Co-General Counsel, IEC and Election Division; Michelle Thompson, Co-Director, Campaign Finance, Election Division; Bruce Northern, NVRA and Precincts Coordinator.

ALSO ATTENDING:

The Hon. Dennis Avery, Indiana State Representative; The Hon. Tim Brown, Indiana State Representative; The Hon. Dr. Vernon Smith, Indiana State Representative; The Hon. Brent Steele, Indiana State Representative; The Hon. Vern Tincher, Indiana State Representative; The Hon. David Wolkins, Indiana State Representative;

Ms. Tracy Mackey, Office of the Attorney General; Mr. Zach Szilagyi, Office of the Secretary of State;

Mr. Steve Corey (Governmental Business Systems); Mr. Bill D'Amico, of Bloomington; Mr. Gregg McManus (SIGECO); Mr. Mike Runnebohm, of Shelbyville; Mr. Steve Shamo (MicroVote Corporation).

1. CALL TO ORDER:

The chair called the January 21, 1999 meeting of the Indiana Election Commission to order at 10:10 a.m. in the Indiana Government Center South Auditorium, 402 West Washington Street, Indianapolis, Indiana. He noted that proper notice of the meeting had been given, as required by state law, and that a quorum of Commission members was present. The chair noted that Mr. Long was absent due to an unexpected delay, but was expected to arrive at a later time.

A copy of the meeting notice and agenda is incorporated by reference in these minutes. [Copies of all documents incorporated by reference are available for public inspection and copying at the Election Division office.]

Indiana Election Commission Minutes
January 21, 1999

2. WELCOME AND INTRODUCTION OF PROXY MEMBER:

The chair noted that a document had been filed with the Election Division on January 15 by Mr. Perkins designating Ms. Barbara McClellan as his proxy for this meeting. A copy of the proxy is incorporated by reference in these minutes. The chair welcomed Ms. McClellan and thanked her for her participation.

3. INTRODUCTORY REMARKS CONCERNING CAMPAIGN FINANCE HEARINGS:

The chair announced that the Commission's campaign finance hearings would be postponed until Mr. Long's arrival since a unanimous vote of all four Commission members is required to reduce or waive any proposed civil penalty. The chair noted that since the General Assembly was in session, he would recognize any state legislators who were present and wished to speak concerning their candidate committee's campaign finance reports.

The chair recognized The Hon. Tim Brown, Indiana State Representative. Representative Brown stated that he wished to speak regarding the hearing scheduled concerning the Citizens for Tim Brown committee. He indicated that he had received the notice regarding this hearing, and wished to simply state that he had been distracted by his personal business, and had failed to file the required report on time. The chair thanked Representative Brown for his remarks.

The chair recognized The Hon. Brent Steele, Indiana State Representative. Representative Steele stated that he wished to speak regarding the hearing scheduled concerning the Steele for State Representative Committee. He stated that his committee's treasurer, Jack A. Kenworthy, is president of Bedford Federal, had purchased a computer software program to complete this report, and that Representative Steele had believed that the report would be filed correctly. Representative Steele indicated that Mr. Kenworthy had closed out the software program and printed a report on October 29. He added that Mr. Kenworthy had then provided the report to Representative Steele's secretary, and that although this report should have been sent by FAX, the report was sent by mail to the Election Division prior to the deadline, but was not received by the Election Division before the deadline. He apologized for the error, but stated that the deadline followed so quickly after the close of this reporting period that compliance was difficult. The chair thanked Representative Steele for his remarks.

The chair recognized an unidentified speaker, who stated that he was speaking on behalf of Representative Wolkins, who had been present earlier, but required to return to the General Assembly session. He indicated that Representative Wolkins had said that he had been late in filing campaign finance reports on previous occasions, and drove to Indianapolis with his wife to file this report to the Election Division to avoid being late again. He added that Mr. Wolkins had asked his wife to file the report, but since she was not aware of the noon deadline, the report was filed with the Election Division about 1:00 p.m. on the deadline day. The chair thanked the speaker for his remarks.

Indiana Election Commission Minutes
January 21, 1999

4. APPROVAL OF DECEMBER 8, 1998 MINUTES:

The chair noted that each Commission member had previously received a draft of the proposed Commission minutes for December 8, 1998 meeting. There being no corrections, Mr. Cruea moved that the minutes be approved as submitted. Mr. Morgan seconded the motion. There being no further discussion, the chair called the question, and declared that with three members voting "aye" (Mr. Cruea, Ms. McClellan, and Mr. Morgan), one member absent (Mr. Long), and no member voting "nay", the motion was adopted.

5. CO-DIRECTOR'S REPORT:

The chair recognized Mr. Valentine, the newly appointed Co-Director of the Division, and welcomed him on board. Mr. Valentine said that since this was only his third day as Co-Director, he had little to say, except that he was looking forward to this challenge. A copy of a letter dated January 21, 1999 from The Honorable Frank O'Bannon, Governor, to Mr. Joseph Andrew, Democratic State Central Committee Chairman, announcing the appointment of Mr. Valentine, is incorporated by reference in these minutes.

The chair also thanked Ms. Robertson for her service as acting Co-Director for the period beginning January 1, 1999 and continuing until Mr. Valentine's appointment. Commission members expressed their appreciation for Ms. Robertson's service.

6. VOTER REGISTRATION REPORTS:

A. STATUS REPORT: DESIGNATION OF UNIVERSITY DISABILITY OFFICES:



The chair recognized Mr. Northern, who noted that at the December 8 meeting, Commission members had received a copy of the August 10, 1998 letter to the Co-Directors from Mr. Michael J. Beattie, Executive Director of the National Coalition for Students with Disabilities Education and Legal Defense Fund concerning the designation of university offices for disabled students as "full service" voter registration sites. Mr. Northern reported that since the December meeting, he had obtained a list of public universities and colleges in Indiana, and that the Election Division was currently contacting each of these institutions concerning whether the institution maintains an office for serving disabled students. A copy of this list is incorporated by reference in these minutes. He indicated that the initial responses run the gamut from Indiana University, which maintains a separate office with staff members whose primary responsibilities are to serve disabled students, to smaller colleges where an individual whose primary job responsibility is not in this area coordinates Americans with Disabilities Act requirements and assists disabled students. Mr. Northern stated that at the next Commission meeting, he would provide the Commission with a complete accounting of the university disability offices, and that the Commission would then face the decision of determining which offices should provide "full service" voter registration, and which should provide mail-in registration forms for students. He added that at smaller colleges, assistance to disabled students is assigned to an employee based on the qualifications and interests of that individual, and is not part of the job description for a specific staff position.

Indiana Election Commission Minutes
January 21, 1999

Mr. Northern indicated that the initial staff discussion regarding this issue had focused on the designation of the separate disabled student offices as full service voter registration sites. The chair thanked Mr. Northern for his report.

7. VOTING SYSTEM CERTIFICATIONS:

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



The chair recognized Mr. King, who noted that at a previous meeting, Commission members had received a copy of the escrow agreement between Granite City Record & Security Storage and ES&S concerning this voting system software. He stated that he and Ms. Robertson had reviewed the escrow agreement and determined that the agreement would require the Election Commission to designate Election Division employees as "authorized persons" for access to the software. Mr. King requested that the Commission approve a one page document dated December 17, 1998 and titled "Authorization For Access", which would designate himself and Ms. Robertson as the employees authorized to access this escrowed software if necessary. The "Authorization For Access" is incorporated by reference in these minutes.

After Commission members reviewed this document, Mr. Cruea moved, seconded by Mr. Morgan, that the Authorization be approved as submitted. There being no further discussion, the chair called the question, and declared that with three members voting "aye" (Mr. Cruea, Ms. McClellan, and Mr. Morgan), one member absent (Mr. Long), and no member voting "nay", the motion was adopted.

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



Indiana Election Commission Minutes
January 21, 1999

The chair recognized Mr. King, who reported that he had been contacted during the preceding week by representatives of Global, the parent corporation of GBS, concerning this voting system, and noted that Mr. Steve Corey from GBS was present to provide information to the Commission concerning this topic. Mr. King stated that although GBS had submitted an application to the Election Division for certification of this voting system, the Commission had tabled consideration of the matter until after January 1, 1999 at the request of GBS.

The chair recognized Mr. Corey, who said that GBS would be providing the Election Division with some additional information concerning this voting system application, and noted that GBS had already provided extensive technical documentation to the Election Division as part of its original application for voting system certification. Mr. Corey indicated that GBS has already been certified by Wyle Laboratories, the only independent testing authority accredited at the time this system was developed, and that Global would be providing Mr. King next week with additional information concerning the extent of testing performed on this voting system by Wyle.

Mr. Corey stated that in the future, GBS intends to submit its optical scan system, the ACCU-VOTE, which is currently certified in Indiana, and the new ACCU-TOUCH system, for certification by Nichols Research as one system. He indicated that a software program is currently under development which would merge the two voting system software programs into one new software package. He noted that in some larger counties, the county election board may wish to use optical scan ballots at the precinct level, but also want to use a "touch screen" direct recording electronic system for walk-in absentee voting in the county election board office. Mr. Corey remarked that GBS would like to begin this process in Indiana by having the ACCU-TOUCH certified as a "stand alone" voting system. The chair thanked Mr. Corey for his remarks.

The chair recognized Mr. King, who stated that the ACCU-TOUCH will be the first voting system coming before the Commission that had been: (1) previously certified by the Commission; and (2) submitted after the designation of Nichols Research as an independent testing authority for voting system software. He remarked that the Commission will need to develop a policy and procedures for this and subsequent "new" voting system certification applications, and that the Election Division staff would be prepared to bring forward suggested policies and procedures for Commission approval. He added that the Commission had now completed the recertification process for previously approved voting systems whose certifications had expired in accordance with Indiana law.

C. STATUS REPORT: LEGISLATION CONCERNING BALLOT CARD SECURITY STUBS:



Mr. King reported that ES&S, GBS, and MicroVote Corporation had each received a letter dated January 7, 1999 proposing a joint meeting with representatives of the Association of Circuit Court Clerks to develop legislation for consideration by the 1999 session of the Indiana General Assembly which would amend the current ballot card statutes to reflect the technological improvements made by optical scan ballot card systems, which are subject to the same requirements as "punch cards" under current Indiana law. Copies of these letters are incorporated by reference in these minutes. Mr. King stated that at least two vendors had already responded to indicate their willingness to meet during the week of February 1, 1999 to discuss this matter.

Indiana Election Commission Minutes
January 21, 1999

Mr. King recalled that this matter had come to the Commission's attention with regard to the existing statutory requirement that counties using optical scan ballot cards provide dual serially numbered security stubs with the ballot cards, which results in increased printing costs. He noted that House Bill 1079 had been introduced in the current session to exempt optical scan ballot cards from this requirement. In response to a question from the chair, Mr. King stated that this legislation had not yet been heard in the House Elections Committee.

D. MICROVOTE MEMS 6.4 SYSTEM "YEAR 2000 UPGRADE" CORRESPONDENCE:



Mr. King noted that Commission members had received copies of the following documents: (1) A letter dated January 8, 1999 to himself and Ms. Robertson from Mr. James M. Ries, President of MicroVote Corporation; and (2) a letter dated January 11, 1999 to Mr. Steve Shamo of MicroVote Corporation from Mr. William H. Carson, President of Carson Manufacturing Company, Inc. Copies of these letters are incorporated by reference in these minutes.

Mr. King stated that the letters addressed the issue of "Year 2000" compliance by the MicroVote MV 464 MEMS 6.4 version software. He indicated that a question in a county concerning the system's Year 2000 compliance, and that the letters had clarified the matter. Mr. King noted that when the MV 464 had been recertified at the September 30, 1997 Commission meeting, MicroVote Corporation had indicated that although the software program had only two spaces to indicate a year, as in "98", the program is designed to function through an entire hundred year election cycle, meaning through the year 2086.

The chair recognized Mr. Shamo, who stated that he had requested the opportunity to demonstrate the Year 2000 software upgrade discussed in these letter to the Commission at its next meeting, but that all other issues regarding this software had been resolved.

8. CAMPAIGN FINANCE ENFORCEMENT:

A. STATUS REPORT CONCERNING COLLECTION OF CIVIL PENALTIES BY THE OFFICE OF THE ATTORNEY GENERAL:



The chair recognized Ms. Thompson, who noted that Commission members had received the following documents: (1) a chart entitled "Attorney General's List - NOVEMBER 1998"; and (2) "List for Attorney General's Office July 1998". Copies of these documents are incorporated by reference in these minutes. Ms. Thompson stated that these documents listed the committees referred to the Attorney General's office for collection of civil penalties, and indicated whether payment had been made by each committee.

Indiana Election Commission Minutes
January 21, 1999

9. LITIGATION REPORT:

A. ANDERSON v. LONG

The chair recognized Ms. Robertson, who stated that the Election Division staff had received indications that discussions were underway to reach a settlement agreement in this case, which concerned the Marion County township small claims courts, and that this case is currently set for trial on February 16, 1999. She indicated that although a settlement agreement had not been finalized for consideration by the Commission, the staff would advise the Commission if an agreement is reached before February 16 which would require Commission approval.

B. BAPAC v. BALDWIN

Ms. Robertson reported that there is no additional information concerning this case, which is currently pending before the Seventh Circuit Court of Appeals. She noted that the Seventh Circuit has certified the question of how Indiana law defines "political action committee" to the Indiana Supreme Court.

C. LEAF v. ABELL

Ms. Robertson noted that Deputy Attorney General A. Scott Chinn, had filed a Motion to Dismiss in this case last week. She stated that this litigation concerns a challenge to the constitutionality of Indiana's campaign finance disclaimer statutes. She remarked that this Motion sought to remove the Election Commissioners from this case in their individual capacities, although the Commissioners would remain defendants in their official capacities.

D. SPRINGER v. ALABAMA

Mr. King reported that shortly before this meeting, staff had been advised that an individual had filed suit against all fifty states in United States District Court for the Northern District of Oklahoma to challenge the constitutionality of state ballot access statutes concerning his independent presidential candidacy. Mr. King provided a copy of an e-mail transmission dated January 20, 1999 from Mr. Dave Scott of the Council of State Governments concerning this case.

Indiana Election Commission Minutes
January 21, 1999

A copy of this document is incorporated by reference in these minutes. Mr. King indicated that the Commission would be supplied with more information concerning this case at its next meeting.

10. OTHER BUSINESS:

A. ORDER 1999-01; DESIGNATION OF REGULARLY SCHEDULED COMMISSION MEETING DATES:

The chair recognized Mr. King, who noted that Commission members had received a copy of proposed Order 1999-01, which is incorporated by reference in these minutes. He stated that this draft had been prepared following the Commission's discussion at its last meeting concerning the desirability of designating regular scheduled meeting dates so that the other commitments of Commission members could be scheduled around those dates during the course of the year.

Mr. King noted that the draft Order would designate the third Thursday of the month at 10 a.m. as the regularly scheduled meeting date and time. He added that SECTIONS 2 and 3 would authorize the Co-Directors, upon determining that there is insufficient business for a regularly scheduled meeting to advise the chair regarding the cancellation of that month's scheduled meeting. Mr. King remarked that the Co-Directors would also be required to notify the public and interested parties if any regularly scheduled meeting is cancelled under this Order.

Mr. King indicated that the staff realized that Commission members might need to study further the question of whether the third Thursday was the preferable date for these meetings, and as a result the draft Order was presented for Commission discussion and not necessarily for final approval at this meeting.

The chair stated that he would prefer the second or fourth Thursday, and noted that he had not looked at his calendar when he discussed this matter at the last Commission meeting. Mr. Morgan stated that he would be fine with whatever Commission members decided on this point. The chair noted that Mr. Perkins was absent. The chair recognized Ms. Robertson, who reported that Mr. Long had already tentatively placed the third Thursday dates on his calendar.

The chair noted that the Commission might be required to conduct a February meeting before the third Thursday of that month, and therefore moved that the draft Order be tabled until the next Commission meeting. Commission members consented to this motion.

B. ORDER 1999-02; APPROVAL OF NEW OR REVISED ABSENTEE BALLOT AND CANDIDATE FORMS:

Indiana Election Commission Minutes
January 21, 1999

The chair recognized Mr. King, who noted that Commission members had received the following documents: (1) a copy of proposed Order 1999-02; (2) a certification dated January 6, 1999 by himself and Ms. Robertson concerning the distribution of previously approved Commission forms to local election and voter registration officials, as well as to state party committees and voting system vendors; and (3) letters dated January 6, 1999 from the Co-Directors to Democratic Party State Chairman Mr. Joe Andrew, Libertarian Party State Chairman Mr. Joe Hauptmann, and Republican Party State Chairman Mr. Michael McDaniel concerning the statutes applicable to the newly approved forms. Copies of these documents are incorporated by reference in these minutes.

Mr. King indicated that following the December 1998 election administrators conference, several circuit court clerks had contacted the Election Division to suggest revisions to the following forms:

(1) The absentee ballot security envelope and affidavit for traveling boards and absentee boards within the clerk's office (ABS-7). He noted that this form has been revised to add signature lines for the two members of each absentee voter board. Mr. King remarked that although state law explicitly requires that the absentee board members sign this envelope, some counties had been using envelopes which did not include lines for these signatures.

(2) The candidate form used by individuals to file as a Democratic, Libertarian, or Republican Party candidate for a small town office (CAN-16). He indicated that this form contained a cross-reference error in the instructions, and that this version corrected this reference. Mr. King added that the circuit court clerks had been advised that if an individual filed on the version of the form containing the incorrect cross-reference, this mistake should have no effect on the legality of the individual's candidacy.

After Commission members reviewed Order 1999-02, Ms. McClellan moved, seconded by Mr. Morgan, that Order 1999-02 be adopted as presented. There being no further discussion, the chair called the question, and declared that with three members voting "aye" (Mr. Cruea, Ms. McClellan, and Mr. Morgan), one member absent (Mr. Long), and no member voting "nay", the motion was adopted.

C. APPROVAL OF FORM VARIATIONS REQUESTED BY MARION COUNTY ELECTION BOARD:

The chair recognized Mr. King, who provided Commission members with a copy of the following documents: (1) a letter dated January 19, 1999 from Wendy Davis, Administrator of the Marion County Election Board to the Chair, setting forth a request from the Marion County Election Board for the Commission to approve variations to absentee ballot and candidate forms previously prescribed by the Commission; and (2) copies of the proposed ABS-1, ABS-6, ABS-7, CAN-16, and CAN-42 forms. Copies of these documents are incorporated by reference in these minutes.

Indiana Election Commission Minutes
January 21, 1999

Mr. King noted that the absentee ballot application form requested by Marion County had been revised to set forth the specific deadlines for submitting the applications to the Marion County Election Board. He added that the candidate forms requested by Marion County had been revised to accommodate the County's practice of providing carbon copies of candidate filings to county political parties. Mr. King reported that these candidate forms had been revised to relocate the notary public acknowledgment to the front side of the form.

After Commission members reviewed the correspondence and attached forms, Mr. Cruea moved, seconded by Ms. McClellan, that the ABS-1, ABS-6, ABS-7, CAN-16, and CAN-42 form variations requested by the Marion County Election Board be approved for use in Marion County. There being no further discussion, the chair called the question, and declared that with three members voting "aye" (Mr. Cruea, Ms. McClellan, and Mr. Morgan), one member absent (Mr. Long), and no member voting "nay", the motion was adopted.

D. REMARKS BY CO-DIRECTOR CHRISTIE:

The chair recognized Ms. Christie, who reported that bills had been introduced in the current session of the General Assembly to address some problems previously encountered by the Commission, such as the requirement for all candidates to file the CFA-11 large contribution supplemental report, whether or not the candidate had received any reportable contributions.

E. REMARKS BY CO-DIRECTOR VALENTINE:

The chair recognized Mr. Valentine, who stated that he had been warmly welcomed by the Election Division staff, and would be working to learn as much as he could, and as quickly as possible, concerning the duties of his office and the work of the Election Division. Mr. Valentine remarked that he wished to provide as much assistance as possible to the Commission and the Election Division.

F. CAMPAIGN FINANCE LEGISLATIVE DEVELOPMENTS:

The chair recognized Mr. King, who stated that the 1997 legislation requiring all candidates to file a "large contribution supplemental report" shortly before the primary and general elections had resulted in the development of the new CFA-11 reporting form. He added that the statute provided that all candidates for offices with compensation of at least $5,000 per year must, whether or not the candidate had received a contribution of $1,000 following the close of the pre-primary or pre-election reporting period. Mr. King noted that the supplemental report must be filed either with the Election Division, the county election board, or both, in the case of state legislative candidates. He added that the first supplemental report filings had occurred in April 1998 and October 1998, and remarked that a large number of township trustee candidates had filed these reports with their county election boards, and expressed their unhappiness with this requirement since these candidates seldom, if ever, received large contributions to report. Mr. King said that during the interim following the 1998 legislative session, the Census Data Advisory Committee had examined this issue and unanimously recommended legislation to replace the existing large contribution reporting statute with a reporting statute modeled on federal law, which requires candidates to report the receipt of contributions of $1,000 or more within 48 hours after receiving the contribution, but does not require any candidate to report that "zero contributions" have been received. Mr. King indicated that bills have been introduced in both the Indiana House and Senate to amend the statute to conform with the Census Data Advisory Committee recommendation.

Indiana Election Commission Minutes
January 21, 1999

Mr. King added that House Bill 1078 had been introduced to amend the Indiana campaign finance disclaimer statute to expand the statutory exemption to include small items, such as bumper stickers, T-shirts, and emery boards, that would not be required to bear a disclaimer. He noted that the absence of disclaimers on small items had been an issue of concern for both the Commission and county election boards. Mr. King indicated that the legislation would amend the Indiana law to conform with the regulations concerning disclaimers adopted by the Federal Election Commission, which are applicable only to federal elections.

G. REPORT CONCERNING 1998 ELECTION ADMINISTRATOR CONFERENCE AWARDS:

Mr. King reported that several local election administrators had received awards at the December 1998 conference for their dedicated service. He stated that the following individuals had been honored at the conference:

(1) Janet D. Kile, Rush Circuit Court Clerk, received the Marlene Sutton Memorial Award for Excellence in Election Administration.

(2) Sara S. Brown, Tippecanoe Circuit Court Clerk, received the Outstanding Clerk of the Year Award.

(3) Pam Finlayson, Executive Director of the Allen County Election Board, received the Outstanding Election Worker of the Year Award.

(4) Ralph Smith, Benton County Election Board member, received the Outstanding County Election Board Member of the Year Award.

Copies of press releases dated December 16, 1998, and announcing these awards, are incorporated by reference in these minutes.

Indiana Election Commission Minutes
January 21, 1999

11. CAMPAIGN FINANCE ENFORCEMENT:

A. STATUS REPORT CONCERNING CAMPAIGN FINANCE DATABASE AUDIT FUNCTIONS:

The chair recognized Ms. Thompson, who reported that the audit functions in the Campaign Finance Database were functioning properly, and that the Campaign Finance staff plans to increase its use of the audit functions during 1999 since only one report filing deadline falls during this calendar year.

B. MEIJER, INC. CORPORATE CONTRIBUTIONS:

Ms. Thompson noted that Commission members had received a copy of a letter dated December 3, 1998 to the Commission from William S. Keown, local counsel for Meijer, Inc. She indicated that Mr. Keown wished to advise the Commission that the corporation had given contributions in excess of the limits prescribed by Indiana law, upon discovering this fact had requested that several candidates return Meijer's contributions, and that several candidates had done so. Ms. Thompson stated that, with the Commission's consent, Campaign Finance staff would investigate this matter further and report its findings at the next Commission meeting. Commission members consented to this course of action.

C. CAUSE 98-4090-171: CITIZENS FOR ANTHONY UNDERLY:

The chair recognized Ms. Thompson, who stated that the Election Division staff was continuing to investigate this matter, and would have an updated report prepared for the next Commission meeting.

D. OCTOBER 21, 1998 LETTER FROM SARAH WOLF FOR STATE REPRESENTATIVE COMMITTEE RE: COMMITTEE TO ELECT BOB CHERRY:

The chair recognized Ms. Thompson, who noted that Commission members had received a copy of a letter dated October 21, 1998 from Mr. Keith J. McClarnon, Treasurer of the Sarah Wolf for State Representative Committee to Mr. Cruea, alleging that the Committee to Elect Bob Cherry had violated the Campaign Finance Act by failing to report three expenditures for campaign mailings. A copy of this letter is incorporated by reference in these minutes. Ms. Thompson stated that the Election Division staff planned to send a letter to Mr. Cherry to provide him with an opportunity to respond to these allegations. She indicated that Campaign Finance staff would continue to investigate this matter, and have an initial report prepared for the next Commission meeting.

Indiana Election Commission Minutes
January 21, 1999

E. CAUSE #99-4361-08 AND CAUSE #99-4372-29 (GERMANN FOR STATE REPRESENTATIVE):

The chair recognized Mr. King, who stated that Commission members had been provided with copies of the following documents: (1) a letter from Mr. Victor Germann, received January 19, 1999, requesting a continuance in these causes; and (2) proposed Order 1999-03, which would grant the requested continuance.

After Commission members reviewed the correspondence from Mr. Germann and Order 1999-03, Mr. Cruea moved, seconded by Mr. Morgan, that Order 1999-03 be adopted as presented. There being no further discussion, the chair called the question, and declared that with three members voting "aye" (Mr. Cruea, Ms. McClellan, and Mr. Morgan), one member absent (Mr. Long), and no member voting "nay", the motion was adopted.

F. AWARD CONCERNING CAMPAIGN FINANCE INFORMATION ON THE INTERNET:

The chair noted that Commission members had received a copy of the following documents: (1) an e-mail dated December 9, 1998, to Mr. King from Ms. Ginger Kadlec of Access Indiana; and (2) an article published on the LYCOS website designating Indiana's web site as among the top 5% of all web sites, and citing the useful campaign finance information available through the Election Commission web site. Commission members congratulated Election Division staff members for their efforts regarding the campaign finance web site.

12. RECESS AND RECONVENING OF COMMISSION MEETING:

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

At 12:18 p.m., the chair reconvened the Commission meeting in the same location. The chair noted that in addition to Mr. Long, the same Commission members present before the recess were present for the reconvened Commission meeting.

The chair announced that the Commission's executive session scheduled for 12:00 noon on this date, and the subsequent Commission public meeting scheduled for 12:30 p.m. had been canceled, and would be rescheduled after a settlement had been reached in certain pending litigation.

Indiana Election Commission Minutes
January 21, 1999

13. CAMPAIGN FINANCE ENFORCEMENT:

A. ENFORCEMENT ACTIONS CONCERNING 1998 PRE-ELECTION AND PRE-ELECTION LARGE CONTRIBUTION SUPPLEMENTAL REPORTS:

The chair directed Mr. King to administer the oath to all individuals who wished to testify in any cause to be heard before the Commission on this date. After the administration of the oath, the chair thanked Ms. Thompson and Mr. Northern for redesigning the spread sheet provided to the Commission for its consideration of campaign finance enforcement causes. The chair requested that individuals testifying before the Commission limit their remarks to four minutes in duration.

Cause 99-3299-022   Committee to Elect Dr. Vernon G. Smith for State Representative

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Two Hundred Fifty Two Dollars and Seventy Seven Cents ($252.77), being Two Hundred Fifty Dollars ($250) for a delinquent pre-election supplemental large contribution report (due on October 30, 1998, and filed with the Election Division on November 4, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had not previously been brought before the Commission for a campaign finance enforcement cause. Ms. Thompson also referred Commission members to a seven page document entitled "Late Committee Filings before the Indiana Election Commission." The Commission consented to the introduction of this document as evidence in each of the causes to be heard before the Commission on this date. A copy of this document is incorporated by reference in these minutes.

Ms. Thompson stated that the Commission had received a letter concerning this matter dated November 16, 1998 from Dr. Vernon G. Smith, State Representative. The Commission consented to the introduction of this document as evidence in this cause. A copy of this letter is incorporated by reference in these minutes.

After Commission members reviewed this letter, the chair asked if any individual was present to testify regarding this matter. The chair recognized Representative Smith, who stated that his committee's supplemental large contribution report had been filed after the deadline, and had been sent by fax to the Election Division. He said that on October 26, 1998, his eldest brother, Mr. Alfred J. Smith, Jr. had died unexpectedly following surgery, and that filing this report was the last thing on his mind at that point. Representative Smith remarked that during the past twenty years he had never been delinquent in filing a campaign finance report.

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

Indiana Election Commission Minutes
January 21, 1999

The chair stated that since this committee had not previously appeared before the Commission regarding a delinquent report, and since the death of a brother would clearly constitute extenuating circumstances, he would suggest that the Commission dismiss this cause.

Mr. Cruea moved, seconded by Mr. Morgan, that the Commission: (1) find that this committee had made a good faith effort to comply with the campaign finance filing requirements; (2) find that the assessment of the proposed civil penalty and documented costs would be unjust under these circumstances since the committee's failure to comply was the result of extenuating circumstances resulting from the death of a family member; and (3) dismiss this cause as a result, with the proposed fine and costs not being assessed against the committee. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

Cause 99-1433-017   Tincher for State Representative

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was One Hundred Fifty Two Dollars and Seventy Seven Cents ($152.77), being One Hundred Fifty Dollars ($150) for a delinquent pre-election supplemental large contribution report (due on October 30, 1998, and filed with the Election Division on November 2, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had not previously been brought before the Commission for a campaign finance enforcement cause.

The chair asked if any individual was present to testify regarding this matter. The chair recognized Representative Vern Tincher, who submitted a copy of his telephone bill and supplemental report to the Commission. The Commission consented to the introduction of this document into the record of this cause; a copy is incorporated by reference in these minutes.

Representative Tincher stated that this documentation indicated that he had sent his committee's supplemental large contribution report by FAX at 4:15 p.m., on October 29, 1998, but that the Election Division for some unknown reason did not receive this report. had been filed after the deadline, and had been sent by fax to the Election Division. Representative Tincher remarked that on Friday, October 30, he was busy in the midst of a heated campaign, but did transmit another CFA-11 by fax at 7:56 a.m. after receiving another contribution of at least $1,000, and noted that the Election Division did receive his second fax. He added that he believed he had never been delinquent in filing a campaign finance report during previous election years. Representative Tincher stated that his fax machine had not been programmed to generate a receipt for his first fax transmission to the Division, but the machine does keep a record of the last thirty faxes sent by the machine. He noted that the telephone record he supplied to the Commission indicated that his fax machine had placed a two minute telephone call to the Election Division's number on both of the stated occasions.

Indiana Election Commission Minutes
January 21, 1999

Representative Tincher stated that he could have called the Election Division to confirm receipt of the fax, but did not do so due to the press of business at the end of the campaign. He remarked that in the future he would contact the Election Division to confirm the receipt of any campaign finance report sent by fax.

In response to a question from Mr. Long, Representative Tincher stated that he did file this CFA-11 report upon discovering that the report transmitted by fax had not been received. Ms. Thompson confirmed that the Election Division did receive this report on November 2, 1998. Mr. Long stated that he would be inclined to dismiss this cause since the candidate had filed the required report and made an effort to file the report in an acceptable fashion, and was prevented from doing so due to a mechanical failure of some sort.

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

Mr. Long moved, seconded by Mr. Cruea, that the Commission: (1) find that this committee had made a good faith effort to comply with the campaign finance filing requirements; (2) find that the assessment of the proposed civil penalty and documented costs would be unjust under these circumstances since the committee's failure to comply was the result of a mechanical failure in the transmission of a document by fax; and (3) dismiss this cause as a result, with the proposed fine and costs not being assessed against the committee. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

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

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Three Hundred Two Dollars and Seventy Seven Cents ($302.77), being Three Hundred Dollars ($300) for a delinquent pre-election supplemental large contribution report (due on October 30, 1998, and filed with the Election Division on November 5, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had not previously been brought before the Commission for a campaign finance enforcement cause.

Indiana Election Commission Minutes
January 21, 1999

The chair asked if any individual was present to testify regarding this matter. The chair recognized Representative Dennis Avery, who testified that his case was very similar to that of Representative Tincher's, but that he did not have any evidence with him today. He stated that he had completed the CFA-11 report, which indicated that he had not received any contributions of $1,000 or more during the reporting period, and transmitted the report to the Election Division by fax. He said that after placing the fax in the machine, he returned a few hours later and assumed that the document had been transmitted to the Election Division since the document was now in the machine's lower tray. He remarked that he should have called the Election Division to confirm that the fax had been received, but did not do so. He added that it was possible that his transmission had not been received if the Election Division fax machine was busy when he attempted to transmit the report. Representative Avery said that during the week following October 30 he had attended a legislative caucus and was advised by Mr. Tim Jeffers that Representative Avery's CFA-11 report had not been received. He indicated that he had not been aware of the problem before that date, and if he had been advised of the problem earlier, he would have made every effort to ensure that the report was received by the Election Division. Representative Avery stated that he had intended to comply with this reporting statute, and never been delinquent before in filing a campaign finance report.

In response to a question from the chair, Representative Avery stated that he would be willing to research his telephone records to see if there was documentation of the facsimile transmission of this report, and that there should be a record of the call if the call did go through to the Election Division fax machine. The chair stated that he would be inclined to continue this cause until the next Commission meeting, and then dismiss this cause if Representative Avery could provide documentation of the facsimile transmission. Mr. Long stated that he had a similar view regarding this matter, and that if Representative Avery could submit documentary evidence of the fax, he did not think it would be necessary for Representative Avery to attend the next Commission meeting.

Mr. Long moved, seconded by Mr. Cruea, that the Commission table further consideration of this cause until the next Commission meeting to permit Representative Avery to submit documentation of this facsimile transmission, such as an affidavit, or preferable a copy of his telephone bill. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted.

Cause 99-0790-001   Libertarian Party of Indiana State Central Committee

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Seven Hundred Two Dollars and Seventy Seven Cents ($702.77), being Seven Hundred Dollars ($700) for a delinquent pre-election report (due on October 16, 1998, and filed with the Election Division on October 30, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had previously been brought before the Commission for a campaign finance enforcement cause, namely a delinquent 1998 pre-primary report.

Indiana Election Commission Minutes
January 21, 1999

The chair asked if any individual was present to testify regarding this matter. The chair recognized Mr. Michael Runnebohm, treasurer of this committee. Mr. Runnebohm said that he hoped the Commission would take two facts into consideration in this matter: (1) he had become treasurer of this committee during late 1997, had not previously served during an election year, and had not served as the treasurer for any committee like this one before; and (2) he did not realize that he needed to file a pre-election report, and probably would not have done so at all if he had not received the October 26, 1998 delinquency notice. Mr. Runnebohm stated that he received this notice on October 28, and promptly filed the pre-election report the next day on October 29. He remarked that he was concerned as a result of the committee's delinquent pre-primary report filing, and did not wish the Commission to conclude that the committee was engaging in any pattern of behavior to avoid disclosure of this information. He stated that the pre-primary report had been filed literally minutes after the noon deadline, and that he had been delayed by traffic since he was coming from outside of Indianapolis. Mr. Runnebohm stated that the committee did file its 1998 annual report on time before yesterday's deadline, and requested that the Commission take these facts into account in determining an appropriate penalty.

In response to a question from Mr. Morgan, Mr. Runnebohm stated that he was the committee's treasurer at the time of the delinquent pre-primary report. The chair observed that Mr. Runnebohm had filed the 1998 annual report well before the deadline for regular party committees, which is noon, March 1, 1999. The chair added that in previous cases where a committee had one prior delinquent report, the Commission had reduced the proposed civil penalty to 50% of the proposal, plus costs.

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

Mr. Cruea moved, seconded by Mr. Long, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Three Hundred Fifty Two Dollars and Seventy Seven Cents ($352.77), being a civil penalty of Three Hundred Fifty Dollars ($350), plus Two Dollars and Seventy Seven Cents ($2.77) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

Indiana Election Commission Minutes
January 21, 1999

The chair advised Mr. Runnebohm that he would be mailed a copy of this final order after its approval. Ms. Thompson advised Mr. Runnebohm that she would provide the committee with any additional information concerning 1999 filing requirements that he requested.

Cause 99-4392-028   D'Amico for State Representative

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was One Thousand Two Dollars and Seventy Seven Cents ($1,002.77), being One Thousand Dollars ($1,000) for a delinquent pre-election supplemental report (due on October 30, 1998, and not yet filed with the Election Division as of the date of this hearing), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had not previously been brought before the Commission for a campaign finance enforcement cause.

The chair asked if any individual was present to testify regarding this matter. The chair recognized Mr. Bill D'Amico, the chairman of this committee. Mr. D'Amico said that he was unaware of this delinquent filing until he received the delinquency notice by certified mail. He stated that the copy of the 1998 Candidate Guide that he received from Mr. King did not include information about the supplemental report filing requirement, but that he had read a news story in the Bloomington Herald Times referring to other candidates who had filed this report. Mr. D'Amico stated that he had not received any contributions of $1,000 or more during his campaign, and did not understand that he was nonetheless required to file this report. He expressed his support for the legislative proposal discussed earlier in this Commission meeting to repeal the current requirement for candidates to file a supplemental large contribution report even when the candidate received no such contributions.

In response to a question from the chair, Mr. D'Amico stated that he had not yet filed the supplemental large contribution report with the Election Division, but that he would do so immediately if this was necessary. The chair stated that it was necessary under the law for Mr. D'Amico to file this report. In response to a question from Mr. Morgan, Mr. D'Amico stated that he was not certain whether he would be a candidate in future years. He stated that he had been an independent candidate in 1994, and on both occasions had been a candidate to raise issues for public discussion and not with any expectation of being elected to office. In response to a question from the chair, Mr. D'Amico stated that he had filed his 1998 annual report with the Election Division before yesterday's deadline.

The chair recognized Mr. Long, who stated that he was inclined to support a reduction in the proposed penalty, but wished to make this contingent on Mr. D'Amico filing the report. He expressed his concern that Mr. D'Amico had not yet filed this report, although Mr. D'Amico knew that the Commission would be conducting a hearing today regarding that delinquency, and that therefore he should have known that a report was due before today.

Indiana Election Commission Minutes
January 21, 1999

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

Mr. Long moved, seconded by Mr. Cruea, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Two Hundred Fifty Two Dollars and Seventy Seven Cents ($252.77), being a civil penalty of Two Hundred Fifty Dollars ($250), plus Two Dollars and Seventy Seven Cents ($2.77) in investigative costs properly documented by the Election Division, subject to the contingency that if Mr. D'Amico did not file the required report with the Election Division by the close of business on January 21, 1999 that the reduction of the proposed civil penalty would be voided, and that the final order in this matter would provide for the assessment of a civil penalty for the full One Thousand Two Dollars and Seventy Seven Cents ($1,002.77), being One Thousand Dollars ($1,000) as the civil penalty and Two Dollars Seventy Seven Cents ($2.77) in investigative costs documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

Cause 99-3262-005   Southern Indiana Gas and Electric Company Employees State PAC

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Nine Hundred Two Dollars and Seventy Seven Cents ($902.77), being Nine Hundred Dollars ($900) for a delinquent pre-election report (due on October 16, 1998, and filed with the Election Division on November 3, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had previously been brought before the Commission for two campaign finance enforcement causes, namely: the 1995 annual report and the 1996 annual report. Ms. Thompson noted that Commission members had received a copy of a letter concerning this cause dated January 19, 1999 from Mr. Timothy L. Burke of SIGECO PAC. The Commission consented to the introduction of this document as evidence in this cause. A copy of this letter is incorporated by reference in these minutes.

The chair asked if any individual was present to testify regarding this matter. The chair recognized Mr. Gregg McManus, the vice-president and director of government relations for SIGECO Employees PAC. Mr. McManus said that he was alerted on November 2, 1998 that the committee had not filed this report on time. He stated that he obtained the necessary information from Mr. Burke, treasurer of this committee, and immediately faxed this report to the Election Division. Mr. McManus remarked that the committee did not expect any reduction in the proposed civil penalty, but that he was present to call the Commission's attention to the circumstances recounted in Mr. Burke's letter concerning the committee's efforts to file this report, but failing to use certified mail to obtain proof of its efforts to do so. Mr. McManus stated that SIGECO took its campaign finance reporting requirements very seriously, and valued its relations with both governmental offices and the entire community. He concluded by remarking that he would make every effort to ensure that the committee was not delinquent in the future.

Indiana Election Commission Minutes
January 21, 1999

Mr. Long thanked Mr. McManus for his remarks, and stated that SIGECO had always been a very honorable organization, and that its political action committee had displayed integrity in advancing the cause of Southern Indiana on a non-partisan basis. He stated that he had known Mr. McManus for a number of years and held him and the entire SIGECO organization in very high regard. Mr. Long said that he was convinced that this delinquency was the result of an oversight by the committee.

Mr. Long noted that this committee had been late in filing its campaign finance reports twice before. In response to a question from Mr. Long, Mr. McManus stated that Mr. Burke had been responsible for filing campaign finance reports for this committee for approximately a year. Mr. Long noted that the previous delinquencies would not have occurred during Mr. Burke's tenure.

The chair noted that in past cases where a committee had two prior delinquencies, the Commission had assessed the full civil penalty against the committee, and that he was uncertain whether the Commission had ever reduced the penalty in such cases due to the presence of a new treasurer since the previous delinquencies. Mr. Morgan noted that at least one delinquency had occurred during the existence of the former State Election Board, and expressed his appreciation for Mr. McManus appearing before the Commission to express the committee's concern regarding this delinquency. The chair stated that he believed that the chairman of a political action committee was responsible for supervising and training the committee's treasurer concerning the filing deadline dates, regardless of whether the treasurer was new in that position or not. He added that he believed the Commission should be consistent with its past practice in causes where a committee had two prior delinquencies. In response to a question from Mr. Morgan, Mr. McManus stated that he had been associated with this PAC since its creation approximately ten years ago.

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

Mr. Cruea moved, seconded by Ms. McClellan, that the Commission assess a civil penalty of Nine Hundred Two Dollars and Seventy Seven Cents ($902.77), being a civil penalty of Nine Hundred Dollars ($900), plus Two Dollars and Seventy Seven Cents ($2.77) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

Indiana Election Commission Minutes
January 21, 1999

Cause 99-0801-002   Kroger Indiana PAC

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Two Hundred Two Dollars and Seventy Seven Cents ($202.77), being Two Hundred Dollars ($200) for a delinquent pre-election report (due on October 16, 1998, and filed with the Election Division on October 20, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had not previously been brought before the Commission for campaign finance enforcement causes. Ms. Thompson noted that Commission members had received a copy of a letter concerning this cause dated January 13, 1999 from Mr. John V. Barnett, Jr., Attorney at Law. The Commission consented to the introduction of this document as evidence in this cause. A copy of this letter is incorporated by reference in these minutes.

The chair asked if any individual was present to testify regarding this matter. There was no response. The chair noted that Mr. Barnett's letter indicated that he planned to attend this meeting. The chair recognized Mr. Long, who noted that since the committee had not appeared before the Commission before regarding a delinquent report, he was inclined to support a reduction in the proposed penalty.

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

Mr. Long moved, seconded by Ms. McClellan, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Fifty Two Dollars and Seventy Seven Cents ($52.77), being a civil penalty of Fifty Dollars ($50), plus Two Dollars and Seventy Seven Cents ($2.77) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

Cause 99-1798-004   Indiana Fraternal Order of Police Action Plan

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Five Hundred Two Dollars and Seventy Seven Cents ($502.77), being Five Hundred Dollars ($500) for a delinquent pre-election report (due on October 16, 1998, and filed with the Election Division on October 26, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had previously been brought before the Commission concerning two campaign finance enforcement causes: namely, a delinquent 1996 pre-primary report and a delinquent 1996 pre-election report. Ms. Thompson noted that Commission members had received a copy of a letter concerning this cause dated January 20, 1999 from Mr. Leo T. Blackwell of Ruckelshaus, Roland, Kautzman & Hasbrook. The Commission consented to the introduction of this document as evidence in this cause. A copy of this letter is incorporated by reference in these minutes. The chair asked if any individual was present to testify regarding this matter. There was no response.

Indiana Election Commission Minutes
January 21, 1999

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

Mr. Cruea moved, seconded by Mr. Long, that the Commission assess a civil penalty of Five Hundred Two Dollars and Seventy Seven Cents ($502.77), being a civil penalty of Five Hundred Dollars ($500), plus Two Dollars and Seventy Seven Cents ($2.77) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

Cause 99-3908-006   Indiana Black Legislative Caucus PAC

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Seven Hundred Two Dollars and Seventy Seven Cents ($702.77), being Seven Hundred Dollars ($700) for a delinquent pre-election report (due on October 16, 1998, and filed with the Election Division on October 30, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had previously been brought before the Commission concerning three campaign finance enforcement causes: namely, a delinquent 1995 annual report, a delinquent 1996 pre-election report, and a delinquent 1996 annual report. Ms. Thompson noted that Commission members had received a copy of a letter concerning this cause dated January 20, 1999 from The Honorable Mae Dickinson, Indiana State Representative. The Commission consented to the introduction of this document as evidence in this cause. A copy of this letter is incorporated by reference in these minutes. The chair asked if any individual was present to testify regarding this matter. There was no response.

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

Indiana Election Commission Minutes
January 21, 1999

Mr. Long moved, seconded by Mr. Cruea, that the Commission assess a civil penalty of Seven Hundred Two Dollars and Seventy Seven Cents ($702.77), being a civil penalty of Seven Hundred Dollars ($700), plus Two Dollars and Seventy Seven Cents ($2.77) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

Cause 99-4356-012   John M. Prescott

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Fifty Two Dollars and Seventy Seven Cents ($52.77), being Fifty Dollars ($50) for a delinquent pre-election supplemental report (due at noon on October 30, 1998, and filed with the Election Division at 2:13 p.m. on October 30, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had previously been brought before the Commission concerning one campaign finance enforcement cause: namely, a delinquent statement of organization. Ms. Thompson noted that Commission members had received a copy of a nine page letter concerning this cause dated January 21, 1999 from Mr. John M. Prescott. The Commission consented to the introduction of this document as evidence in this cause. A copy of this letter is incorporated by reference in these minutes. The chair asked if any individual was present to testify regarding this matter. There was no response.

The chair noted that Mr. Prescott's letter contained evidence showing a fax transmission to the Election Division attempted at 11:59 a.m. on that date, but that was unable to be transmitted since the line was busy. The chair added that even if Mr. Prescott had attempted other transmissions before that time, most fax machines will print out a journal showing all fax transactions, even several days after a particular fax is sent.

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

Mr. Cruea moved, seconded by Mr. Morgan, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Twenty Seven Dollars and Seventy Seven Cents ($27.77), being a civil penalty of Twenty-Five Dollars ($25), plus Two Dollars and Seventy Seven Cents ($2.77) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

Indiana Election Commission Minutes
January 21, 1999

Cause 99-3776-013   Citizens for Tim Brown

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Fifty Two Dollars and Seventy Seven Cents ($52.77), being Fifty Dollars ($50) for a delinquent pre-election supplemental report (due at noon on October 30, 1998, and filed with the Election Division at 2:14 p.m. on October 30, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had not previously been brought before the Commission concerning any campaign finance enforcement cause. The chair asked if any individual was present to testify regarding this matter. There was no response. The chair noted that Representative Brown had testified earlier before leaving to attend a session of the General Assembly, and had accepted responsibility for the delinquent filing.

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

Mr. Cruea moved, seconded by Mr. Morgan, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Seventeen Dollars and Seventy Seven Cents ($17.77), being a civil penalty of Fifteen Dollars ($15), plus Two Dollars and Seventy Seven Cents ($2.77) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

Cause 99-4377-018   Committee to Elect Lloyd Cabiness

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was One Hundred Fifty Two Dollars and Seventy Seven Cents ($152.77), being One Hundred Fifty Dollars ($150) for a delinquent pre-election supplemental report (due at noon on October 30, 1998, and filed with the Election Division on November 2, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had not previously been brought before the Commission concerning any campaign finance enforcement cause. Ms. Thompson noted that Commission members had received a copy of a letter concerning this cause dated January 13, 1999 from Mr. Lloyd E. Cabiness. The Commission consented to the introduction of this document as evidence in this cause. A copy of this letter is incorporated by reference in these minutes. The chair asked if any individual was present to testify regarding this matter. There was no response.

Indiana Election Commission Minutes
January 21, 1999

The chair recognized Mr. Long, who stated that the evidence submitted in this cause indicated that Mr. Cabiness had attempted to mail this report to the Election Division, and that under the circumstances set forth in Mr. Cabiness's letter, he would be inclined to dismiss this matter, or to only assess investigative costs against this committee. The chair agreed, stating that the facts in Mr. Cabiness's letter would support dismissal.

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

Mr. Morgan moved, seconded by Ms. McClellan, that the Commission dismiss this cause for the reasons set forth above. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

Cause 99-3781-019   J. Murray Clark Committee
The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was One Hundred Fifty Two Dollars and Seventy Seven Cents ($152.77), being One Hundred Fifty Dollars ($150) for a delinquent pre-election supplemental report (due at noon on October 30, 1998, and filed with the Election Division on November 2, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had previously been brought before the Commission concerning one campaign finance enforcement cause, namely a defective report. Ms. Thompson noted that Commission members had received a copy of a letter concerning this cause dated January 20, 1999 from The Honorable J. Murray Clark, Indiana State Senator. The Commission consented to the introduction of this document as evidence in this cause. A copy of this letter is incorporated by reference in these minutes. The chair asked if any individual was present to testify regarding this matter. There was no response.

The chair stated that he understood Senator Clark's letter to mean that if the Commission chose to proceed with this cause in his absence, he would not object, but that if the Commission wished for Senator Clark to personally appear, he would do so. The chair stated that he would support a fifty percent reduction in the proposed civil penalty, but that there was no reason for Senator Clark to present testimony beyond that set forth in his letter.

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

Mr. Cruea moved, seconded by Mr. Morgan, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Seventy Seven Dollars and Seventy Seven Cents ($77.77), being a civil penalty of Seventy Five Dollars ($75), plus Two Dollars and Seventy Seven Cents ($2.77) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

Indiana Election Commission Minutes
January 21, 1999

Cause 99-3865-020   Steele for State Representative

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was One Hundred Fifty Two Dollars and Seventy Seven Cents ($152.77), being One Hundred Fifty Dollars ($50) for a delinquent pre-election supplemental report (due at noon on October 30, 1998, and filed with the Election Division on November 2, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had not previously been brought before the Commission concerning any campaign finance enforcement cause. The chair asked if any individual was present to testify regarding this matter. There was no response. The chair noted that Representative Steele had testified earlier before leaving to attend a session of the General Assembly, and had accepted responsibility for the delinquent filing.

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

Mr. Cruea moved, seconded by Mr. Long, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Thirty Seven Dollars and Seventy Seven Cents ($37.77), being a civil penalty of Thirty Five Dollars ($35), plus Two Dollars and Seventy Seven Cents ($2.77) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

Cause 99-4274-021   Oxley for State Representative

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was One Hundred Fifty Two Dollars and Seventy Seven Cents ($152.77), being One Hundred Fifty Dollars ($50) for a delinquent pre-election supplemental report (due at noon on October 30, 1998, and filed with the Election Division on November 2, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had not previously been brought before the Commission concerning any campaign finance enforcement cause. Ms. Thompson added that Commission members had received a copy of a letter dated January 18, 1999 from Representative Oxley. The Commission consented to the introduction of this document as evidence in this cause. A copy of this letter is incorporated by reference in these minutes. The chair asked if any individual was present to testify regarding this matter. There was no response.

Indiana Election Commission Minutes
January 21, 1999

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

Mr. Long moved, seconded by Mr. Morgan, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Thirty Seven Dollars and Seventy Seven Cents ($37.77), being a civil penalty of Thirty Five Dollars ($35), plus Two Dollars and Seventy Seven Cents ($2.77) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

Cause 99-3549-026   The Foley Campaign

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Three Hundred Two Dollars and Seventy Seven Cents ($302.77), being Three Hundred Dollars ($300) for a delinquent pre-election supplemental report (due at noon on October 30, 1998, and filed with the Election Division on November 5, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had not previously been brought before the Commission concerning any campaign finance enforcement cause. Ms. Thompson added that Commission members had received a copy of a letter dated January 19, 1999 from The Honorable Ralph Foley, Indiana State Representative. The Commission consented to the introduction of this document as evidence in this cause. A copy of this letter is incorporated by reference in these minutes. The chair asked if any individual was present to testify regarding this matter. There was no response.

Mr. Long noted that the letter from Representative Foley had requested continuance of this matter. Mr. Long moved, seconded by Ms. McClellan, that the hearing in this matter be continued until the next regularly scheduled Commission meeting. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted.

Indiana Election Commission Minutes
January 21, 1999

Cause 99-4303-031   Kent Phillips for Indiana House of Representatives

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was One Thousand Two Dollars and Seventy Seven Cents ($1,002.77), being One Thousand Dollars ($1,000) for a delinquent pre-election supplemental report (due at noon on October 30, 1998, and filed with the Election Division on December 30, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had not previously been brought before the Commission concerning any campaign finance enforcement cause. Ms. Thompson noted that Commission members had received a copy of a letter dated January 11, 1999 from Mr. Kent I. Phillips. The Commission consented to the introduction of this document as evidence in this cause. A copy of this letter is incorporated by reference in these minutes. The chair asked if any individual was present to testify regarding this matter. There was no response.

In response to a question from Mr. Long, Ms. Thompson confirmed that this committee had been closed on January 11, 1999. Mr. Long noted that the final campaign finance report submitted by this committee indicated that the committee had raised $16,000, and that Mr. Phillips indicated in his letter that all remaining campaign funds had been returned to contributors upon the dissolution of the committee. After examining the report, Mr. Long added that Mr. Phillips had made several large contributions of his own funds to the campaign committee. Mr. Long remarked that this committee should be subject to the same reduction in the proposed civil penalty received by other committees with no previous violations.

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

Mr. Long moved, seconded by Mr. Cruea, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Two Hundred Fifty Two Dollars and Seventy Seven Cents ($252.77), being a civil penalty of Two Hundred Fifty Dollars ($250), plus Two Dollars and Seventy Seven Cents ($2.77) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

Cause 99-3565-032   Dickinson for State Representative

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was One Thousand Two Dollars and Seventy Seven Cents ($1,002.77), being One Thousand Dollars ($1,000) for a delinquent pre-election supplemental report (due at noon on October 30, 1998, and filed with the Election Division on December 28, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had not previously been brought before the Commission concerning any campaign finance enforcement cause. Ms. Thompson noted that Commission members had received a copy of a letter dated January 20, 1999 from The Honorable Mae Dickinson, Indiana State Representative. The Commission consented to the introduction of this document as evidence in this cause. A copy of this letter is incorporated by reference in these minutes. The chair asked if any individual was present to testify regarding this matter. There was no response.

Indiana Election Commission Minutes
January 21, 1999

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

Mr. Long moved, seconded by Mr. Morgan, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Two Hundred Fifty Two Dollars and Seventy Seven Cents ($252.77), being a civil penalty of Two Hundred Fifty Dollars ($250), plus Two Dollars and Seventy Seven Cents ($2.77) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

Cause 99-4385-010   Citizens for Steinmetz
Cause 99-4385-023   Citizens for Steinmetz

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in Cause 99-4385-010 was Nine Hundred Fifty Two Dollars and Seventy Seven Cents ($952.77), being Nine Hundred Fifty Dollars ($950) for a delinquent pre-election report (due at noon on October 16, 1998, and filed with the Election Division on November 4, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs.

Ms. Thompson stated that the proposed civil penalty in Cause 99-4385-023 was Two Hundred Fifty Two Dollars and Seventy Seven Cents ($252.77), being Two Hundred Fifty Dollars ($250) for a delinquent pre-election supplemental report (due at noon on October 30, 1998, and filed with the Election Division on November 4, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had not previously been brought before the Commission concerning any campaign finance enforcement cause.

Indiana Election Commission Minutes
January 21, 1999

The chair asked if any individual was present to testify regarding these matters. Mr. Morgan stated that he wished to testify on behalf of the candidate. He stated that he was personally acquainted with Mr. Steinmetz, and that due to unfortunate personal circumstances, namely a divorce that began at the same time that Mr. Steinmetz started his candidacy, he requested that the Commission take this fact into account in considering a reduction in the proposed civil penalties. He noted that both delinquencies arose out of the same pattern of facts. Mr. Morgan stated that he was confident that any civil penalty assessed would be paid in a timely fashion.

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

Mr. Morgan moved, seconded by Mr. Long, that the Commission: (1) combine both causes for the purposes of consideration of the appropriate civil penalties; (2) find that the assessment of the proposed civil penalty and documented costs in both causes would be unjust under these circumstances for the reasons set forth in these minutes; and (3) assess a total civil penalty equal to twenty-five percent of the proposed civil penalties. After further discussion concerning the appropriate mechanism for computing this percentage, Mr. Morgan moved, seconded by Mr. Long moved to amend this motion to specify that the civil penalty would be set at Two Hundred Twenty Seven Dollars and Seventy Seven Cents ($227.77) in Cause 99-4385-10, being a civil penalty of Two Hundred Twenty-Five Dollars ($225), plus Two Dollars and Seventy Seven Cents ($2.77) in investigative costs properly documented by the Election Division, and that the civil penalty would be set at Sixty Two Dollars and Seventy Seven Cents ($62.77) in Cause 99-4385-23, being a civil penalty of Sixty Dollars ($60), plus Two Dollars and Seventy Seven Cents ($2.77) in investigative costs properly documented by the Election Division. The Commission accepted this amendment by consent.

There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

Cause 99-0862-003   Indiana Agri Business PAC

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was Six Hundred Fifty Two Dollars and Seventy Seven Cents ($652.77), being Six Hundred Fifty Dollars ($650) for a delinquent pre-election report (due at noon on October 16, 1998, and filed with the Election Division on October 29, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had previously been brought before the Commission concerning one campaign finance enforcement cause, namely: a delinquent 1997 annual report.

Indiana Election Commission Minutes
January 21, 1999

The chair asked if any individual was present to testify regarding these matters. There was no response. There being no further testimony or discussion, Mr. Cruea moved, seconded by Ms. McClellan, that the hearing in this matter be closed. The Commission adopted this motion by consent.

Mr. Long moved, seconded by Mr. Cruea, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs in this cause would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a total civil penalty of Three Hundred Twenty Seven Dollars and Seventy Seven Cents ($327.77), being a civil penalty of Three Hundred Twenty Five Dollars ($325), plus Two Dollars and Seventy Seven Cents ($2.77) in investigative costs properly documented by the Election Division.

There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

Cause 99-4357-007   Wilson for State Representative

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was One Thousand Two Dollars and Seventy Seven Cents ($1,002.77), being One Thousand Dollars ($1,000) for a delinquent pre-election report (due at noon on October 16, 1998, and not yet filed with the Election Division as of the date of this hearing), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had previously been brought before the Commission concerning one campaign finance enforcement cause, namely: a delinquent statement of organization.

The chair asked if any individual was present to testify regarding these matters. There was no response. There being no further testimony or discussion, Mr. Cruea moved, seconded by Ms. McClellan, that the hearing in this matter be closed. The Commission adopted this motion by consent.

Mr. Long moved, seconded by Mr. Cruea, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs in this cause would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a total civil penalty of Five Hundred Two Dollars and Seventy Seven Cents ($502.77), being a civil penalty of Five Hundred Dollars ($500), plus Two Dollars and Seventy Seven Cents ($2.77) in investigative costs properly documented by the Election Division.

Indiana Election Commission Minutes
January 21, 1999

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

The chair recognized Mr. Long, who stated that since this candidate has not yet filed the required report, he would move that the Commission reconsider its motion to impose a civil penalty in this cause. Mr. Cruea seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion to reconsider was adopted.

Mr. Long moved, seconded by Mr. Cruea, that the Commission: (1) continue this matter until its next regularly scheduled meeting; and (2) direct the Election Division to send a letter to this committee stating that unless this delinquent report is filed before that meeting, the Commission will impose the full proposed civil penalty of One Thousand Dollars ($1,000), plus costs. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted.

Cause 99-4370-009   Campaign for Hoosier Families

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was One Thousand Two Dollars and Seventy Seven Cents ($1,002.77), being One Thousand Dollars ($1,000) for a delinquent pre-election report (due at noon on October 16, 1998, and not yet filed with the Election Division as of the date of this hearing), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had not previously been brought before the Commission concerning any campaign finance enforcement cause.

Referring to the Commission's action in the preceding cause, Mr. Long moved, seconded by Mr. Cruea, that the Commission: (1) continue this matter until its next regularly scheduled meeting; and (2) direct the Election Division to send a letter to this committee stating that unless this delinquent report is filed before that meeting, the Commission will impose the full proposed civil penalty of One Thousand Dollars ($1,000), plus costs. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted.

Indiana Election Commission Minutes
January 21, 1999

Cause 99-3128-011   Citizens for Wolkins Committee

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Fifty Two Dollars and Seventy Seven Cents ($52.77), being Fifty Dollars ($50) for a delinquent pre-election supplemental report (due at noon on October 30, 1998, and filed with the Election Division at 1:17 p.m. on October 30, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had previously been brought before the Commission concerning one campaign finance enforcement cause: namely, a delinquent pre-primary supplemental report. The chair asked if any individual was present to testify regarding this matter. There was no response.

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

Mr. Cruea moved, seconded by Mr. Long, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Twenty Seven Dollars and Seventy Seven Cents ($27.77), being a civil penalty of Twenty Five Dollars ($25), plus Two Dollars and Seventy Seven Cents ($2.77) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

Cause 99-4252-014   Hoosiers for Scott Pelath

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Fifty Two Dollars and Seventy Seven Cents ($52.77), being Fifty Dollars ($50) for a delinquent pre-election supplemental report (due at noon on October 30, 1998, and filed with the Election Division at 2:14 p.m. on October 30, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had not previously been brought before the Commission concerning any campaign finance enforcement cause. The chair asked if any individual was present to testify regarding this matter. There was no response.

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

Mr. Cruea moved, seconded by Mr. Long, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Seventeen Dollars and Seventy Seven Cents ($17.77), being a civil penalty of Fifteen Dollars ($15), plus Two Dollars and Seventy Seven Cents ($2.77) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

Indiana Election Commission Minutes
January 21, 1999

Cause 99-3503-015   Vanessa Summers for State Representative

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Fifty Two Dollars and Seventy Seven Cents ($52.77), being Fifty Dollars ($50) for a delinquent pre-election supplemental report (due at noon on October 30, 1998, and filed with the Election Division at 7:25 p.m. on October 30, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had not previously been brought before the Commission concerning any campaign finance enforcement cause. The chair asked if any individual was present to testify regarding this matter. There was no response.

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

Mr. Cruea moved, seconded by Mr. Long, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Seventeen Dollars and Seventy Seven Cents ($17.77), being a civil penalty of Fifteen Dollars ($15), plus Two Dollars and Seventy Seven Cents ($2.77) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

Cause 99-4318-016   Haines for State Representative

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Fifty Two Dollars and Seventy Seven Cents ($52.77), being Fifty Dollars ($50) for a delinquent pre-election supplemental report (due at noon on October 30, 1998, and filed with the Election Division at 8:00 p.m. on October 30, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had not previously been brought before the Commission concerning any campaign finance enforcement cause. The chair asked if any individual was present to testify regarding this matter. There was no response.

Indiana Election Commission Minutes
January 21, 1999

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

Mr. Long moved, seconded by Mr. Cruea, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Seventeen Dollars and Seventy Seven Cents ($17.77), being a civil penalty of Fifteen Dollars ($15), plus Two Dollars and Seventy Seven Cents ($2.77) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

Cause 99-4090-024   Citizens for Anthony Underly

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Two Hundred Fifty Two Dollars and Seventy Seven Cents ($252.77), being Two Hundred Fifty Dollars ($250) for a delinquent pre-election supplemental report (due at noon on October 30, 1998, and filed with the Election Division on November 4, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had not previously been brought before the Commission concerning any campaign finance enforcement cause. The chair asked if any individual was present to testify regarding this matter. There was no response.

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

Mr. Long moved, seconded by Mr. Cruea, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Sixty Two Dollars and Seventy Seven Cents ($62.77), being a civil penalty of Sixty Dollars ($60), plus Two Dollars and Seventy Seven Cents ($2.77) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

Indiana Election Commission Minutes
January 21, 1999

Cause 99-4344-027   Billy Brogdon Committee

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this matter was Nine Hundred Fifty Two Dollars and Seventy Seven Cents ($952.77), being Nine Hundred Fifty Dollars ($950) for a delinquent pre-election supplemental report (due at noon on October 30, 1998, and filed with the Election Division on November 18, 1998), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had previously been brought before the Commission concerning one campaign finance enforcement cause: namely, a delinquent statement of organization. The chair asked if any individual was present to testify regarding this matter. There was no response.

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

Mr. Long moved, seconded by Ms. McClellan, that the Commission: (1) find that the assessment of the proposed civil penalty and documented costs would be unjust under these circumstances for the reasons set forth in these minutes; and (2) assess a civil penalty of Four Hundred Seventy Seven Dollars and Seventy Seven Cents ($477.77), being a civil penalty of Four Hundred Seventy Five Dollars ($475), plus Two Dollars and Seventy Seven Cents ($2.77) in investigative costs properly documented by the Election Division. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The chair directed staff to prepare a final order in this cause for approval by the Commission at its next meeting.

Cause 99-4372-030   Committee to Elect Dan Steward

The chair recognized Ms. Thompson, who stated that the proposed civil penalty in this cause was One Thousand Two Dollars and Seventy Seven Cents ($1,002.77), being One Thousand Dollars ($1,000) for a delinquent pre-election report (due at noon on October 16, 1998, and not yet filed with the Election Division as of the date of this hearing), and Two Dollars and Seventy Seven Cents ($2.77) in certified mail costs. She added that this committee had not previously been brought before the Commission concerning any campaign finance enforcement cause.

Referring to the Commission's action in Cause 99-4370-009, Mr. Cruea moved, seconded by Mr. Long, that the Commission: (1) continue this matter until its next regularly scheduled meeting; and (2) direct the Election Division to send a letter to this committee stating that unless this delinquent report is filed before that meeting, the Commission will impose the full proposed civil penalty of One Thousand Dollars ($1,000), plus costs. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted.

Indiana Election Commission Minutes
January 21, 1999

14. NEXT COMMISSION MEETING DATE:

The chair noted that although the Commission had reserved a meeting room in the Conference Center for February 18, a special meeting might be necessary before that date concerning a potential settlement in the Anderson case since that the trial in that case was scheduled to begin February 16, 1999. Ms. Christie stated that the Election Division staff would keep the reserved room for the February 18 meeting and inform Commission members concerning any developments requiring a special meeting before then.

15. ADJOURNMENT:

There being no further business to come before the Commission, Mr. Long moved, seconded by Ms. McClellan, that the Commission do now adjourn. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Ms. McClellan, and Mr. Morgan), and no member voting "nay", the motion was adopted. The Commission then adjourned at 1:17 p.m.

Respectfully submitted,



_________________________
Laurie P. Christie,
Co-Director




_________________________
Spencer Valentine,
Co-Director


APPROVED,



_________________________
Dudley R. Cruea, Chair