Saturday, May 14, 2011
In Ft Wayne Indiana, Tom Schrader was fined $25 for a late campaign finance report. pdf.
But he didnt raise or spend any money, so he didnt meet the $100 threshhold, so the board lacked jurisdiction to fine him,and violated his civil rights by doing so.
I should send a letter.
Allen County Election Board
Room 136
1 East Main Street
Fort Wayne, IN 46802-1811
M-F 8 a.m.-4:30 p.m.
(260) 449-7329 (phone)
(260) 449-7908 (fax)
electionboard@co.allen.in.us
Campaign Finance Questions
acebcf@co.allen.in.us
IC 3-5-2-6
"Candidate"
Sec. 6. (a) Except as provided in subsection (b), "candidate" means a person who:
(1) has taken the action necessary to qualify under Indiana law for listing on the ballot at an election or to become a write-in candidate;
(2) has publicly announced or declared candidacy for an elected office; or
(3) otherwise seeks nomination for or election to an elected office, regardless of whether the individual wins election to the office.
(b) As used in IC 3-9, an individual becomes a "candidate" when the individual, the candidate's committee, or a person acting with the consent of the individual:
(1) receives more than one hundred dollars ($100) in contributions; or
(2) makes more than one hundred dollars ($100) in expenditures.
As added by P.L.5-1986, SEC.1. Amended by P.L.4-1991, SEC.1; P.L.3-1997, SEC.4.
draft:
To: Allen County Election Board
From: Robbin Stewart
Re: T. Schrader fine, Jurisdiction of Board
Date: 5/14/2011
I read today in the News-Sentinel that the board has fined Thomas Schrader $25 for filing a late campaign finance report, in an election in which you have ruled that he is not a candidate and will not appear on the ballot. I had a hnch that he might not have raised or spent the requisite $100 for the board to have jurisdiction to issue a fine,and indeed when i checked his report he had not raised or spent any funds.
Therefore the board's decision to assess a fine was in excess of its jurisdiction and violated Mr. Schrader's civil rights.
I was involved in the drafting of this statute in 1997 and have litigated this issue several times,although so far there has been no definitive court ruling on whether the statute means what it says.
Please put this matter on your agenda for reconsideration at your next meeting,and keep me advised of how you are handling this matter.
Cordially, Robbin Stewart.
But he didnt raise or spend any money, so he didnt meet the $100 threshhold, so the board lacked jurisdiction to fine him,and violated his civil rights by doing so.
I should send a letter.
Allen County Election Board
Room 136
1 East Main Street
Fort Wayne, IN 46802-1811
M-F 8 a.m.-4:30 p.m.
(260) 449-7329 (phone)
(260) 449-7908 (fax)
electionboard@co.allen.in.us
Campaign Finance Questions
acebcf@co.allen.in.us
IC 3-5-2-6
"Candidate"
Sec. 6. (a) Except as provided in subsection (b), "candidate" means a person who:
(1) has taken the action necessary to qualify under Indiana law for listing on the ballot at an election or to become a write-in candidate;
(2) has publicly announced or declared candidacy for an elected office; or
(3) otherwise seeks nomination for or election to an elected office, regardless of whether the individual wins election to the office.
(b) As used in IC 3-9, an individual becomes a "candidate" when the individual, the candidate's committee, or a person acting with the consent of the individual:
(1) receives more than one hundred dollars ($100) in contributions; or
(2) makes more than one hundred dollars ($100) in expenditures.
As added by P.L.5-1986, SEC.1. Amended by P.L.4-1991, SEC.1; P.L.3-1997, SEC.4.
draft:
To: Allen County Election Board
From: Robbin Stewart
Re: T. Schrader fine, Jurisdiction of Board
Date: 5/14/2011
I read today in the News-Sentinel that the board has fined Thomas Schrader $25 for filing a late campaign finance report, in an election in which you have ruled that he is not a candidate and will not appear on the ballot. I had a hnch that he might not have raised or spent the requisite $100 for the board to have jurisdiction to issue a fine,and indeed when i checked his report he had not raised or spent any funds.
Therefore the board's decision to assess a fine was in excess of its jurisdiction and violated Mr. Schrader's civil rights.
I was involved in the drafting of this statute in 1997 and have litigated this issue several times,although so far there has been no definitive court ruling on whether the statute means what it says.
Please put this matter on your agenda for reconsideration at your next meeting,and keep me advised of how you are handling this matter.
Cordially, Robbin Stewart.
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