Sunday, November 08, 2026
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5:11 PM
STATEMENT ATTACHED TO FORM HAVA-1
COMPLAINANT: Robbin G. Stewart
RESPONDENTS: Marion County Election Board, Marion County Voter Registration, and Unknown Poll Clerks/Officials (John/Jane Does #1–6)
DATE OF INCIDENTS: Tuesday, November 3, 2026
RESPONDENTS: Marion County Election Board, Marion County Voter Registration, and Unknown Poll Clerks/Officials (John/Jane Does #1–6)
DATE OF INCIDENTS: Tuesday, November 3, 2026
I. STATEMENT OF FACTS
Incident 1: Local Precinct (RecycleForce) – Approx. 9:30 AM
On Tuesday, November 3, 2026, at approximately 9:30 AM, I entered my designated polling location at RecycleForce (8xx N. Sherman Drive, Indianapolis, IN). I approached the poll clerk (Jane Doe #1) to cast my ballot. The clerk requested photo identification. I declined to present it, citing my right to vote under the Indiana Constitution and the protections against warrantless searches and seizures under Article 1, Section 11. The clerk stated three separate times that I could not vote without photo ID. At no point did the clerk offer me a provisional ballot or inform me of my right to cast one under state or federal law. I was forced to leave the premises without voting.
On Tuesday, November 3, 2026, at approximately 9:30 AM, I entered my designated polling location at RecycleForce (8xx N. Sherman Drive, Indianapolis, IN). I approached the poll clerk (Jane Doe #1) to cast my ballot. The clerk requested photo identification. I declined to present it, citing my right to vote under the Indiana Constitution and the protections against warrantless searches and seizures under Article 1, Section 11. The clerk stated three separate times that I could not vote without photo ID. At no point did the clerk offer me a provisional ballot or inform me of my right to cast one under state or federal law. I was forced to leave the premises without voting.
Incident 2: Marion County Voter Registration Office – Approx. 12:00 PM
At approximately 12:00 PM, I went to the City-County Building (City Hall West Wing/East Wing) to report the violation to election officials. At the voter registration desk, the front-desk staffer (Jane Doe #5) asserted three times that voting without photo ID is completely prohibited. I demanded to speak with her supervisor. The supervisor (John Doe) arrived, handed me his business card, and repeated three separate times that I could not vote without photo ID.
At approximately 12:00 PM, I went to the City-County Building (City Hall West Wing/East Wing) to report the violation to election officials. At the voter registration desk, the front-desk staffer (Jane Doe #5) asserted three times that voting without photo ID is completely prohibited. I demanded to speak with her supervisor. The supervisor (John Doe) arrived, handed me his business card, and repeated three separate times that I could not vote without photo ID.
While the front-desk staffer began mentioning provisional ballots, the supervisor's repeated misstatements of the law created an impasse. When I loudly objected to his incorrect statement of the rules, office staff summoned a law enforcement officer. The officer ordered me to leave the public office under threat of armed force, preventing any further discussion or administrative resolution. This command constituted a seizure under both the Fourth Amendment and Article 1, Section 11 of the Indiana Constitution. As I walked out, I identified myself as Robbin Stewart, the Republican candidate for Marion County Clerk. The officer yelled a third time for me to depart.
Incident 3: Beech Grove Junior High School – Approx. 2:30 PM to 3:00 PM
I took public transit (Route 56) to Beech Grove. Outside the polling location at Beech Grove Junior High School, I encountered Beech Grove Mayor James Coffman. We discussed his local race and the school referendum. After exiting the building, I informed Mayor Coffman that I had been denied my right to vote earlier in the day. We agreed that the breakdown was a systemic Marion County Election Board issue rather than a localized Beech Grove city issue.
I took public transit (Route 56) to Beech Grove. Outside the polling location at Beech Grove Junior High School, I encountered Beech Grove Mayor James Coffman. We discussed his local race and the school referendum. After exiting the building, I informed Mayor Coffman that I had been denied my right to vote earlier in the day. We agreed that the breakdown was a systemic Marion County Election Board issue rather than a localized Beech Grove city issue.
Incident 4: Local Precinct Return (RecycleForce) – Approx. 5:55 PM
At 5:55 PM, shortly before the close of the polls, I returned to RecycleForce to attempt to cast a ballot. The same poll clerk (Jane Doe #1) again informed me that I could not vote without photo ID. Two additional clerks backed up her statement. Despite having the entire day to seek clarification or retraining from the Marion County Election Board, the precinct staff remained untrained and willfully refused to provide a provisional ballot. As a direct result, I was denied the opportunity to vote for myself as a candidate for County Clerk.
At 5:55 PM, shortly before the close of the polls, I returned to RecycleForce to attempt to cast a ballot. The same poll clerk (Jane Doe #1) again informed me that I could not vote without photo ID. Two additional clerks backed up her statement. Despite having the entire day to seek clarification or retraining from the Marion County Election Board, the precinct staff remained untrained and willfully refused to provide a provisional ballot. As a direct result, I was denied the opportunity to vote for myself as a candidate for County Clerk.
II. STATUTORY VIOLATIONS ALLEGED
The explicit refusal to offer, issue, or process a provisional ballot when my eligibility was questioned due to a lack of photo identification constitutes a direct and systemic violation of Title III, Section 302 of the Help America Vote Act (52 U.S.C. § 21082), as well as parallel state enforcement procedures under Indiana Code § 3-6-4.5. Under federal law, any individual who declares they are a registered voter in the jurisdiction is strictly entitled to cast a provisional ballot if their name does not appear or if an official challenges their eligibility.
III. FACT WITNESSES
| Witness Name / Identifier | Contact / Location | Expected Testimony |
|---|---|---|
| Jane Does #1, #2, #3, #4 | Poll Workers at RecycleForce (8xx N. Sherman) | Will testify to the strict refusal to offer a provisional ballot when photo ID was not provided. |
| Two Volunteers | Election Protection Desk (City-County Bldg) | Took a contemporaneous report of the vote denial and the removal by armed law enforcement. |
| Melvin | Independent Candidate for Center Township Constable | Spoke with Complainant outside City-County Building; witness to immediate aftermath of the office removal. |
| Jane Doe #5 | Front Desk, Voter Registration Office | Will testify to asserting that photo ID is an absolute prerequisite to ballot access. |
| John Doe (Supervisor) | Voter Registration Office (Card Attached) | Will testify to his repeated assertions that a voter cannot cast a ballot without photo ID. |
| Unknown Law Enforcement Officer | Marion County Sheriff / IPD | Will testify to ordering the Complainant to leave the Voter Registration Office under threat of force. |
| Mayor James Coffman | Mayor of Beech Grove, IN | Will testify to the Complainant's immediate, contemporaneous report of vote denial at 2:30 PM. |
IV. RELIEF SOUGHT
- Declaratory Relief: A formal administrative finding that the Respondents failed to meet the mandatory standard of care required under Title III of HAVA, establishing administrative negligence by the Marion County Election Board.
- Written Admission: A formal written acknowledgment from Marion County authorities that they failed to respect my right to vote and my procedural right to a provisional ballot under the Privileges or Immunities Clause for federal elections.
- Mandatory Poll Worker Retraining: A total overhaul of the county's election worker training materials. This must include an interactive video curriculum and a mandatory written quiz verifying that all staff understand precisely when a provisional ballot must be issued under the Indiana Constitution and HAVA.
- Audit and Paperwork Requirements: Implementation of a mandatory log and paper receipt system. Whenever a poll worker turns a citizen away or challenges their identification, a standardized administrative form must be filled out immediately to preserve the integrity and audit trail of the election process.
I swear or affirm under the penalties of perjury that the foregoing representations are true.
Robbin G. Stewart, Complainant
State of Indiana )
County of Marion )
County of Marion )
Subscribed and sworn to before me, a Notary Public, this _____ day of November, 2026.
Notary Public Print Name: _________________
My Commission Expires: _________________
My Commission Expires: _________________
To ensure this is ready for your filing tomorrow, let me know:
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