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Wednesday, October 29, 2014

Beth White hoist by own petard:

http://www.idsnews.com/article/2014/10/secretary-of-state-candidate-violates-election-law


Secretary of State candidate Beth White and current Marion County clerk will be facing penalties after the midterm election on Nov. 4.
The Democratic challenger to incumbent Connie Lawson was outed by the Indiana Republican Party last week for not having a financial disclaimer on postcard-sized 
campaign literature.
Publishing candidate material without a disclaimer is a felony, punishable up to $5,000, one-year imprisonment or both.
my comment: 

White's flyers were not illegal. They were free speech protected by the US and Indiana constitutions.
In 1960 The Supreme Court held in Talley v California that disclaimer rules are unconstitutional. In 1997 in Stewart v Taylor I got Indiana's disclaimer rules declared unconstitutional. See also Ogden v Marendt, and the current case of Mulholland v Election Board. Citizens United found that the government can require disclaimers on speech by corporations, but that doesn't apply to White's postcards. An unconstitutional statute is void and is not law. IDS owes White an apology, but kudos for breaking the story.

ibj photo




Hoist on her own petard: Beth White accused of forgetting disclaimer. . White is a defendant in Mulholland v Board, after she ordered Mulholland's literature seized because the format of the disclaimer was wrong, although a federal court had already ruled that statute unconstitutional.

http://electionlawblog.org/?p=67628 story now posted at electionlawblog.org

http://wishtv.com/2014/10/22/beth-white-attacks-connie-lawson-admits-error/

http://www.ibj.com/articles/37483-2012-woman-of-influence-beth-white background on beth white.


I like her personally, but I've sued her, in other contexts, and have reasonable disagreements with her about how she does her job.


The indy star is ignoring the story:

http://www.indystar.com/story/news/politics/2014/10/29/3-candidates-vying-for-indianas-secretary-of-state-election-2014-voter-guide-beth-white-connie-lawson-karl-tatgenhorst/18051493/

http://www.greensburgdailynews.com/news/local_news/little-noticed-race-carries-big-political-consequences/article_aefd20ce-0334-5785-8ec0-c9b74368be40.html

Apparently IBJ first broke the story a week ago:
http://www.ibj.com/articles/50112-republicans-to-file-complaint-over-dems-campaign-materials
story is by lesley weidenbener, a franklin college student.

My letter to IN GOP chair
Hi Mr Berry. I've been following the Beth White disclaimer story since yesterday. I'd missed it in the IBJ last week.

You seem to be unaware that the disclaimer statute, IC 3-2-9-2.5, is unconstitutional and void.
Americans have free speech, and the Supreme Court ruled in 1960 that states cannot require disclaimers.
Talley v California, McIntyre v Ohio.
Indiana;s disclaimer statute was ruled unconstitutional in 1997 in Stewart v Taylor. I'm Stewart. The legislature then re-enacted the unconstitutional statute,and so far it hasn't successfully been challenged in court. See Majors v Abell.
Odgen v Marendt found a different Indiana statute unconstitutional under McIntyre,and White is in trouble, in the Mulholland case, for violating the court's order in Ogden.   

Citizens United authorized disclaimers for speech by corporations, but that's not at issue here.
Jim Bopp is, besides me, the expert on these statutes,and you might check in with him; I assume you know each other.

The responsible thing to do is to withdraw the complaint. Otherwise White would be in the position to sue you under 42 USC 1983. I'm happy to answer any questions you may have on this topic.

Sincerely, Robbin Stewart. 

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