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Saturday, October 31, 2015

Elkhart Indiana election board smugly strongarms candidates into adding disclaimers.

http://www.wndu.com/home/headlines/Election-Board-official-says-ignorance-isnt-an-excuse-for-campaign-violations-338517282.html

It's interesting that there's an Elkhart Party. Small regional parties used to be pretty common in Indiana, but this is the first one I've seen in awhile.
http://www.theelkhartparty.com/


http://www.elkharttruth.com/news/politics/Elections/2015/10/28/Elkhart-County-Election-Board-discusses-campaign-finance-complaints-against-Elkhart-Goshen-candidates.html



http://www.elkharttruth.com/news/politics/Elections/2015/10/28/Elkhart-County-Election-Board-discusses-campaign-finance-complaints-against-Elkhart-Goshen-candidates.html





I wrote a commentary in the comments section to the wndu article, but it looks like they declined to publish it. Maybe it'll show up tomorrow.




If there's any ignorance on display here, it's the board. They seem to be unaware that the United States Supreme Court ruled in 1960 that disclaimer rules like these violate the First Amendment. Last year Marion County paid $80,000 to settle a case on this stuff in Mulholland v Election Board. That's on top of $150,000 the Marion County board spent to hire lawyers to handle the case. I'd be happy to represent the Elkhart Party candidates if they are interested in following up. The board should promptly send them an apology.
The controlling cases include Talley v California, McIntyre v Ohio, and Stewart v Taylor. I'm Stewart.




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