LAFAYETTE, Ind. – Officials with the Tippecanoe County Board of Elections are investigating a complaint about political liability disclaimers on 26th District Republican candidate Jim Schenke’s motorhome and have requested a court order that Schenke attend the board meeting on Dec. 15. August.
The board sent a request for Schenke to attend its June meeting, but Schenke said Monday he was out of state and could not attend at short notice.
The election board asked Tippecanoe Circuit Judge Sean Persin to issue a subpoena ordering Schenke to appear at the board meeting next month, and Persin indicated he was inclined to issue such an order. However, he addressed the matter at the end of the hearing, indicating that he will publish his decision soon.
Before the hearing began, however, Schenke characterized the action as a political witch hunt.
“This entire action against me is baseless and generated to create negative media,” Schenke said in objecting to the presence of the media at the hearing and the recording and photography of the proceedings.
“There is no probable cause for them to request that I appear before them at any time,” Schenke said during the hearing, noting later that his motorhome contains liability disclaimers. “Secondly, they have no jurisdiction in this matter. They know they have no jurisdiction.
State law requires that any political advertising reveal who funded the advertising. The motorhome, according to the handwritten notice, is paid for by Jim4Indiana, which is Schenke’s campaign committee. Schenke told the court that the law requires liability disclaimers to be of at least a 7-point type. He stated that the smallest letter on his notice is 1/2 inch tall – well above 7-point type.
“When you are running for state office, including the state legislature, you must file all of your paperwork at the state level,” Schenke said. “Any complaints that you are violating campaign finance law, including disclaimers, those complaints need to be made in writing to the state, not the county.
With the state statute projected onto the courtroom screen, Persin rejected Schenke’s claim that the local board had no jurisdiction or right to investigate.
“My understanding is that anyone who has a concern about a breach of an election law can report it to a local council. And I believe the local council has the right to investigate,” Persin said.
This does not mean that Schenke’s argument did not have some legal basis to support itself.
“I think (Schenke) may be right that you don’t have the authority to act to impose some type of penalty,” Persin told the county attorney.
“I believe that if someone makes a complaint to a local council, you have the right – and perhaps the duty – to investigate,” Persin said. “I do think you can issue subpoenas for people to appear. I think if they don’t appear, you can ask the court for an order ordering them to appear – all of that has been here.”
Persin indicated he will likely issue the subpoena.
“At the end of the day, if he doesn’t show up…I don’t know if I’ll find him in contempt,” Persin said.
“It’s not about problem solving,” Schenke said of making disclaimers on his RV an issue. “There’s not really a problem, even if they thought there was a problem.”
Tippecanoe County Attorney Doug Masson said they are just investigating and don’t yet know if there is any action — or what actions — the elections board can take.
Persin suggested a way forward for everyone involved.
“It seems to me that it makes a lot of sense for you to try to solve the problem,” Persin said.
“It’s not other violations. It’s not other signs. It’s the trailer,” he said. “It’s not that you didn’t have (a warning). It’s just not easy to read.
“I would think if I were the candidate, if I could show compliance before the meeting, would you take it off the agenda?”
Contact Ron Wilkins at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.
This article originally appeared in the Lafayette Journal & Courier: West Lafayette Republican candidate challenged over political liability disclaimers
