Thursday, August 09, 2018
oh chute.
this photo shows a brown county commissioner electioneering in an electioneering-free one, allegedly, says the brother of her opponent.
there turned out to be a reasonable explanation, and the charge was dismissed.
this photo shows a brown county commissioner electioneering in an electioneering-free one, allegedly, says the brother of her opponent.
there turned out to be a reasonable explanation, and the charge was dismissed.
but the board then went on to discuss disclaimers.
Election board: Sign must have disclaimer
If a person puts up a sign on his truck supporting a candidate, it has to have a disclaimer on it to be legal, the Brown County Election Board determined.
Mari Miller, a candidate for Brown County assessor, filed a complaint with the election board regarding a sign that John Kennard affixed to the entire tailgate of his personal pickup truck. It says: “A Republican for Democrat Brenda Woods Brown County Clerk.”
EHS Supervisor / Brown County Commissioner at Brown County Health Dept. / Brown County
Nashville, Indiana
John Kennard ... in the Brown County Government Building on Locust Lane in Nashville, Indiana. 201 Locust Lane P.O. Box 281. Nashville, Indiana47448 - possible contact info.
"The jobs alone would be a huge boon to our county," said Brown County Commissioners' president John Kennard. "With our economic situation, I was just ecstatic."
Kennard is a former county commissioner, a former sewer board member and a current health department employee who focuses on septic systems. ok i think i found him...
"The jobs alone would be a huge boon to our county," said Brown County Commissioners' president John Kennard. "With our economic situation, I was just ecstatic."
Kennard is a former county commissioner, a former sewer board member and a current health department employee who focuses on septic systems. ok i think i found him...
The sign doesn’t contain a disclaimer that says who paid for it. Miller told the election board that she knew truck sign disclaimers had been an issue during the primary election.
Election board member Susanne Gaudin said that after studying the law, it appeared to her that if Kennard “would like to express his right to free speech,” he would have to put a line of text on the sign that said who paid for it and that it was not authorized by any candidate or candidate’s committee.
Kennard argued that that didn’t make much sense, especially considering the free speech part. “I just find it interesting that I can say I hate anything or anybody on my bumper, but I can’t say I support this,” he said. “… I don’t know why I can burn a flag, but I can’t put that (candidate support sign without a disclaimer) on my truck. … I just feel like we’re picking on something that, I think, as an American, I have a right to state.”
Gaudin said she had the same questions, but that’s what the attorney at the Indiana Election Division told her: A disclaimer is needed. She told Kennard to talk to his legislator if he wanted to get the law changed.
Gaudin also advised Miller to not use her government email account for any future election-related correspondence. Miller said that was an oversight and she understands the reasoning for keeping her current job as county assessor separate from her assessor campaign.
to: brown county indiana election board, Susanne C. Gaudin
cease and desist from any attempt to enforce indiana's unconstitutional disclaimer statute.
i suggest you review Janus (2018), or footnote 11 of Majors v Abell (in 2004),
or stewart v taylor (1997). or mcintrye v ohio, or talley v mcintyre.
- robbin stewart.
cc: E. PAIGE FREITAG https://www.bloominglaw.com/blog/
WILLIAM C. LLOYD
Lloyd Law Office
Bloomington, Indiana
former lawyers for gaudin
Clerk of the Brown Circuit Court
Brenda Woods, Clerk
J.P. Owens, First Deputy Clerk
Courthouse
20 East Main Street
P.O. Box 85
Nashville, IN 47448
Phone: 812-988-5510
Fax: 812-988-5562
Office hours: Monday - Friday 8:00 a.m. to 4:00 p.m. excluding holidays.
guess: clerk@browncounty-in.us
guess: clerk@browncounty-in.us
Brown County Election Board Members
Richard Kelley, Chairman
Democrat Board Member
Susanne Gaudin,
Republican Board Member
Brenda Woods,
Clerk Brown Circuit Court
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