For the past few weeks, the story of how me and 3 other registered
voters challenged (or should have challenged) nearly 30 candidates out of 34
has been widely promoted. [1][2][3][4][5][6][7]
The most recent coverage that I am aware of comes from 31-paragraph
article found in today’s online edition of the Journal Gazette, post-correction
with contributions by Rosa Slater Rodriguez and Dave Gong, as follows:
FACTS INCLUDED: Someone with
some sort of standing is behind a lot of the candidate challenges. There’s a
process to deal with Candidate Challenges. And that someone ALLEGEDLY “abused”
the Candidate Challenge process. New
headline should read “Registered Voter Behind Bevy of Challenges Allegedly ‘Abused’
Process.”
FACTS OVERLOOKED: There are only
4 people who can file a Candidate Challenge:
A registered voter, the Allen County Democratic Party Chairman (Misti
Meehan), the Allen County Republican Party Chairman (Steve Shine), and a
Candidate who submitted a Petition for Nomination (i.e. someone who collected
signatures to secure their placement on the ballot). (See Candidate Filing Challenge form, Indiana
State Form 46437, Election Division, Office of the Indiana Secretary of State.
[8]) Challenges (and the process) are
discussed in more detail in the 2019 Indiana Candidate Guide as well as the
2019 Indiana Election Administrator’s Guide. [9][10] (See Indiana’s “Put Up or Shut Up” Law,
discussed in the 2019 Indiana Election Administrator’s Guide, page numbered 11 --
or page 19 of 181 PDF pages . [10])
When someone is accused of abusing someone or something, it is an allegation. Fort Wayne journalists and their supervising
editors would be wise, in this writer’s opinion, to get back to a higher
standard of journalism in matters involving allegations. In my opinion, I believe Fort Wayne
journalists, reporters, bloggers, and other similar professionals are better
than that. I know for a fact many in the
journalism industry want to get back to that standard and that all too often
politics gets in the way of real journalism. Together, we can change that.
PARAGRAPH 1 and 2: The Allen
County Election Board on Tuesday threw one candidate off the Republican ballot
for the May primary but allowed another to remain.
Gone is Republican Matthew P. McLaughlin, who had filed for Fort Wayne
mayor. Remaining is Eric Tippmann, Republican candidate for an at-large seat on
City Council – despite a second election-related challenge related to his
residency.
FACTS INCLUDED: Republican Mayoral candidate Matthew McLaughlin
was removed from the ballot. Republican
City Council At-Large candidate Eric Tippmann remains on the ballot.
FACTS OVERLOOKED: McLaughlin had three challengers (myself, David Roach and Susan Richards) bringing forth claims of McLaughlin’s not being a member of either Republican or Democratic Parties, his filing defective paperwork, and his not being a resident for a long-enough period of time in Allen County. Susan Richards and I were the only challengers present. David Roach’s challenge was the only one heard. The Allen County Election Board (ACEB) has again created a second precedent that a Challenger to a Candidate Challenge Hearing does not (1) have to be present to present any claims and (2) does not have to present any evidence if the Challenger is a Republican. The first time such a precedent was set was in Democratic Kevin Knuth’s filing against Thomas Allan Schrader in 2011.
In 2011, Schrader vacationed outside of Allen County for one month, while on vacation was removed from the ballot on the basis that he never “intended” to return to Allen County. Upon his return, the ACEB determined that despite Schrader’s return to Allen County, he would remain off the ballot so ACEB-favored candidate (George Guido) could be placed on a ballot for which no vacancy was ever created by the Allen County Circuit Court. Current ACEB Chairman Tom Hardin presided in that matter as the attorney for the ACEB. Tim Pape, a former co-worker of George Guido, both parties from the law firm of Carson, LLP (formerly Carson Boxberger), now sits on the ACEB in place of Andrew Boxberger. Pape, now the managing partner of Carson, LLP, refused to let anyone bring up the 2011 case of Schrader v ACEB in any of the 2019 discussions.
It should be noted that another precedent was also created – McLaughlin was removed from the ballot because of a defective candidacy filing. So, if a Republican challenges another Republican and the challenge is defective candidate filings, then the Republican-dominated ACEB will remove the challenged candidate, even if no evidence is actually presented or allowed to be presented.
Allowed to be presented?
Yes. Another challenger to the
matter, me, had actual evidence to support McLaughlin’s removal. Evidence that
was separate and in addition to the Candidate Declaration form McLaughlin filed
to get onto the ballot. Instead of
letting me present my evidence on my challenge, the Board opted instead to find
errors with the paperwork McLaughlin submitted. Ironically, the other challenger to
McLaughlin’s candidacy ALSO had proof to support her challenge. Susan Richards was also denied the
opportunity to present her evidence. So
what evidence did the ACEB use? The
Candidate Declaration form McLaughlin filed.
(Something they refused to do in all cases yesterday.)
PARAGRAPH 3: The three-member board also ruled in favor of Tippmann in
a residency-based challenge to his legitimacy as a Perry Township trustee. The
board ruled that challenges against officeholders, as opposed to candidates,
are outside the board's jurisdiction.
FACTS INCLUDED: There was at
least one case against Tippmann for residency issues.
FACTS OVERLOOKED: There was
actually 3 cases against Tippmann for residency issues. One was mine.
One was David Roach’s. And a
third case, a complaint,was brought by Brandon Seifert. My challenge and Roach’s challenge had to do
with Tippmann’s current Fort Wayne City Council At-Large campaign. Specifically as it pertained to stating that
Tippmann’s current residence is in Perry Township, when in fact, his current
residence is actually in another township and another voting precinct. Seifert’s complaint had to do with Tippmann’s
being elected as Perry Township Trustee while living outside of Perry Township.
PARAGRAPH 4 and 5: However,
Tippmann's trustee status remains uncertain.
Board members suggested the proper place for the challenge brought by
Republican Brandon Seifert, a Perry Township resident and Huntertown Town Board
president, would be Allen Superior Court.
FACTS INCLUDED: ACEB members
did suggest that the proper place for the challenge of an elected official was
in the Allen Superior Court.
FACTS OVERLOOKED: Tippmann’s
status as trustee and as candidate remain unchanged.
PARAGRAPH 6: Or a challenge
could be refiled to the election board alleging that false statements about
residency were made while Tippmann was a candidate, said board member Tim Pape,
a Fort Wayne attorney who is the Democratic representative to the board.
FACTS INCLUDED: A challenge was
already filed with regards to Tippmann’s making a false statement about his
residency.
FACTS OVERLOOKED: I filed a
challenge. David Roach filed a
challenge. The ACEB rejected the challenge.
PARAGRAPH 7: Other board members
are Chairman Thomas Hardin, a Republican Fort Wayne attorney, and Republican
Christopher M. Nancarrow, Allen County clerk.
FACTS INCLUDED: ACEB Board members
include the Clerk of Court Chris M.
Nancarrow, Republican ACEB Board Chairman Tom Hardin, and Democrat Tim Pape.
FACTS OVERLOOKED: Nancarrow is a
nice guy, but he is also a newly elected Clerk of Court with absolutely no
experience on ACEB matters. The poor guy
has only been in office for 57 days, so he has a learning curve ahead of
him. When the meeting first opened, I
requested an update as to the Oath of Offices that are required to be filed per
the Indiana State Constitution. My
request was repeatedly diminished and denied.
Last month, I made a request for information for updated Oaths from both
ACEB and Allen County Voter Registration.
ACEB’s Oaths for Hardin and Pape were outdated. Nancarrow’s was current as was Voter
Registrations.
Other facts that were important but woefully overlooked include: Tom Hardin is the law partner to Steve
Shine. Steve Shine is the Chairman of
the Allen County Republican Party. Both
are attorneys with the firm Shine & Hardin.
Hardin is also an attorney for the County of Allen. Tim Pape is the current Managing Partner for
Carson, LLP, formerly Carson Boxberger.
Carson, LLP has a significant number of business clients who have
secured contracts with the City of Fort Wayne.
One client is Red River Waste Management. Another client is Tom Henry’s wife, Cindy
Henry. Another person that played a
significant role in yesterday’s hearing was Adam Henry, Managing Partner for
Beers, Mallers, Backs and Salin. Adam is
known primarily for being a criminal defense lawyer. Like Carson, LLP, his law firm is well known
to serve clients with business interest whom contract with municipalities like
Fort Wayne. Both of these law firms
have donated lots of money to Tom Henry’s political campaigns over the past 35
years. Both Tim Pape and Adam Henry have been
appointed to numerous board positions.
For purposes herein, the most relevant appointment is probably Tim Pape,
who was appointed by Mayor Henry to sit on the Fort Wayne-Allen County Capital
Improvement Board.
PARAGRAPH 8: In a two-hour-plus
meeting that grew contentious at times, the board plowed through 30 challenges
to both Republicans and Democrats seeking office. All but those against
McLaughlin were denied.
FACTS INCLUDED: The meeting was
longer than 2 hours. It did grow
contentious at times. McLaughlin was the
only person removed from the ballot.
FACTS OVERLOOKED: There were
actually more than 30 challenges aimed at 27 candidates. More challenges and more candidates could
have been (perhaps should have been) included.
The ACEB dismissed my challenges against candidates in Districts 1, 2,
3, 4, and 6. I agreed with that
dismissal on the basis that I had no legal standing. I raised that issue myself in my original
filings. Those challenges were raised to
highlight a more serious problem impacting both Republicans and Democrats
: (1) Candidates not completing their
filing papers appropriately and/or accurately and (2) Candidates
misrepresenting facts about themselves or their economic interests.
When it became clear to me that the reasons ACEB had allowed me to “have
my day” was so (1) they could say they let me have my day and (2) they could
find out what “dirt” I may or may not have on the majority of candidates, I
requested the dismissal. ACEB had no
real interest in solving the real underlying problem of (1) either Candidates
are flat out misrepresenting themselves, which I had proof of in many of the
case, or (2) one or more of the forms has a flaw. Folks, when you have 30 out of 34 candidates
who fail to complete a form or leave things off a form – you really have to ask
how did this happen or why did this happen?
Instead of addressing that problem so it can be solved, the ACEB chose
to engage in politics. At one point in
time, I called ACEB out for playing politics.
ACEB Chairman’s response to my statement was “I [Hardin] resent that
statement.” To which I responded back, “No,
you resemble that statement.”
It should also be noted that on more than one occasion, I requested
ACEB’s Democratic member Tim Pape recuse himself in the proceedings. The first time was after he echoed Andy Down’s
public sentiments of how my challenges were a waste of time. The second was when the conflict was so
painfully direct and obvious that Pape actually had to acquiesce to my
request. Instead of recusing himself, he
opted to abstain from voting on the Henry matter. (And folks, that is HUGE! The Democratic member of the ACEB abstained
from voting in support of the current incumbent Mayor. It was REPUBLICANS that kept Henry on the
ballot.)
PARAGRAPH 9: Most challenges
were filed by Gina Burgess, a Democratic candidate for Fort Wayne mayor. None
was successful.
FACTS INCLUDED: Yes, most
challenges were filed by me.
FACTS OVERLOOKED: One challenge
was successful – McLaughlin’s removal --- in spite of (and yet because of)
me. I had evidence. Local media knew I had evidence. McLaughlin’s removal didn’t hurt either
political party. ACEB could give credit
to someone other than me. Ergo,
McLaughlin was removed.
PARAGRAPH 10: Burgess'
challenges to Republican City Council candidates Paul Ensley, Russell Jehl,
Jason Arp and Tom Didier and Democratic candidates Palermo Galindo, Sharon
Tucker, Thomas Cook and Jorge Fernandez were denied after she admitted she had
no legal standing to file them.
FACTS INCLUDED:
FACTS OVERLOOKED: See Paragraph
8 above.
PARAGRAPH 11: Her challenge to
the mayoral candidacy of Democrat Tommy Schrader was also denied when he
reaffirmed his name, address and employment status.
FACTS INCLUDED: Nearly all facts
presented here.
FACTS OVERLOOKED: The ACEB Board
would not ask Schrader to confirm his legal name as it appeared on his birth
certificate under oath. The ACEB Board
is dominated by Republicans 2-to-1. Why
would Republicans want to keep a Democrat Mayoral candidate on the ballot who
should have been and could have been removed?
PARAGRAPH 12: Her challenge to Tippmann became moot based on a vote to
allow his candidacy based on his statement of intent to return to the home he
owns in Perry Township but is now renting to another party.
The issue was brought up during Tippmann's run for trustee in the fall.
At that time, he said Tuesday, he stated he would return “as soon as” January.
On Tuesday, he said he must honor a lease until July 31.
FACTS INCLUDED: Nearly all facts
presented.
FACTS OVERLOOKED: Nothing more
to discuss here. For now. There may be litigation soon pending in this
matter.
PARAGRAPH 13: Pape said as the
time extends, Tippmann's intent to return becomes less credible, and he voted
to allow the challenge brought by Fort Wayne resident David Roach.
FACTS INCLUDED: Paper voted to
allow the challenge brought forth on the matter by David Roach.
FACTS OVERLOOKED: David Roach is a Democrat-turned-Republican who has never gotten support from Democrats. Ever. Now, suddenly, he gets approval from Pape on a challenge also filed by a Democrat? Also, Roach is a Republican candidate for Mayor.
PARAGRAPH 14: Burgess' request to withdraw challenges to other candidates was accepted. They affected Republican mayoral candidate Tim Smith and city council candidates Tom Freistroffer, Nathan Hartman, Joseph Townsend, Michael Barranda, Curtis Nash, Michelle Chambers, Glynn Hines and MaryClare Akers.
FACTS INCLUDED: True.
FACTS OVERLOOKED: See Paragraph
8 above.
PARAGRAPH 15: Burgess'
challenges against City Councilman Geoff Paddock, D-5th, and the mayoral
candidacies of incumbent Tom Henry, a Democrat, and Dr. John Crawford, a
Republican, were rebuffed when no evidence substantiated the claims.
FACTS INCLUDED: FALSE. Big falsehood here.
FACTS OVERLOOKED: There was
plenty of evidence to substantiate the claims.
The evidence against Henry caused Pape to recuse himself when it came
time to vote on the Henry matter.
Why? Because the evidence I used against
Henry originated from the law firm Pape manages. Evidence offered against Paddock was
rejected. I voluntarily dismissed the
claim against Crawford and others before any evidence could be presented.
PARAGRAPH 16: “I just want to
say that I filled everything out truthfully and accurately, and I've wasted two
hours of my life,” Crawford said before leaving.
FACTS INCLUDED: Crawford did
indeed say that.
FACTS OVERLOOKED: See Paragraph
15 above. What’s really interesting
about Crawford’s statement is that it came from him. Directly.
No attorney. On one hand that is
commendable. But on the other hand, if I
had proceeded – I don’t think the ACEB would have risked not removing him from
the ballot. Crawford took a huge
risk. An unnecessary risk. The worst part is that I am not sure he
realizes what he did wrong or how big of a break I, his potential future
opponent, gave him. I’m confident the
ACEB knew what was coming down the pipeline, but I don’t think Crawford
did. Smith’s campaign remained silent as did all
the other Mayoral campaigns who had been challenged.
PARAGRAPH 17, 18 and 19: Hardin
told Burgess her option was to appeal to county court if she felt the board had
been unfair.
“That's one of my options,” she said.
“That's your only option,” he shot back.
FACTS INCLUDED: That’s the
statements that were made
FACTS OVERLOOKED: Appealing to
the Allen County Circuit Court in this matter is moot. The first day a voter can request an early
vote/ballot due to illness or injury is April 18th. (See page number 22 of the 83-page Indiana
Election Calendar – Election Administrator’s Edition, Election Division, Office
of the Indiana Secretary of State. [11])
Ballots have to be prepped before April 18th. If my legal team filed an appeal yesterday,
February 26th, the earliest date the Court would have given was
March 26th. It would have
taken one of the other parties, either the ACEB or one of the Candidates
actually challenged to request a continuance.
The likelihood is that the continuance would have been granted, which in
turn would have set any appeal back by another 30 days with a potential new
date of April 26th. By that
time, the point would have been moot as people would already be voting.
As I told Hardin, an appeal is NOT the only option here. As I told the JG reporter who interviewed me
yesterday, an appeal is NOT the only option here.
PARAGRAPH 19, 20, 21, 22 and 23 Challenges
to McLaughlin contended that he has no prior Republican voting history in
Indiana and does not have a certification letter from the party chairman
allowing him to run as required by law.
McLaughlin testified that he has always been a Republican but only
voted in Michigan where he lived and where he once ran for mayor of Detroit.
He said he did not know he needed a certification letter although he
has lived here six years.
Roach 's challenge of McLaughlin was successful. Susan Richards also
filed a challenge against him that was superseded by the vote on Roach's
challenge.
Roach did not attend the meeting.
FACTS INCLUDED: Lots of facts
here, but see earlier paragraphs discussing this matter in more detail.
FACTS OVERLOOKED: McLaughlin stated that he voted last year in Michigan. More importantly, and this is what my challenge and Susan Richards challenge was also about – McLaughlin has NEVER voted in Indiana. He has NEVER voted in Allen County. He has NEVER voted in Allen County, Indiana. This is important because before you can be a candidate for office, you have to be a registered voter. There is no evidence that he was ever a registered voter here in Indiana.
It is unknown as to why David Roach never showed up for yesterday’s
hearing.
PARAGRAPH 24: Steve Shine,
chairman of the Allen County Republican Party, and Misti Meehan, Allen County
Democratic chairwoman, said Tuesday they think Burgess abused the system in
bringing so many challenges.
FACTS INCLUDED: Opinions are not
facts, but those statements were likely made.
FACTS OVERLOOKED: Neither
political party chairman are defending my right to make a challenge in the
first place. Even my most ardent
political adversaries on both sides of the political spectrum agreed that I
have that right. All registered voters
have that right. As does the Chairman of either major local political party –
Republican and/or Democratic.
PARAGRAPH 25 AND 26: “It is my
opinion that Ms. Burgess has abused the process and that she should be
responsible for reimbursing both the county and the candidates who were forced
to come to this hearing for some of the most outrageously frivolous complaints
ever to be filed with the election board,” Shine said.
“(The candidates) had to leave work, they had to ask time off from
their employer, and had to make arrangements to defend themselves against an
abusive attack against their filings.”
FACTS INCLUDED: Opinions are not
facts, but the statement was likely made by Shine.
FACTS OVERLOOKED: No one has
abused the process. And is the Chairman
of the allegedly fiscally conservative Allen County Election Board really
advocating that the County be reimbursed for doing a task the County department
is statutorily tasked with? No candidate
was forced to come to the hearing.
Matter of fact, candidates were given the option to meet with me before
hand to discuss the particular challenges brought forth against them. District candidates were made aware that I
had no legal standing, by me. And many
candidates unnecessarily, but voluntarily, “lawyered up” without even finding
out the facts so their lawyers could present a proper defense if a defense was
even needed. In fact, many of the candidates who
unwittingly lawyered up did so as part of a larger coordinated effort to hide
guilty parties among parties of lesser guilt.
People who have nothing to hide (or aren’t aware that they have anything
to hide) don’t lawyer up. Crawford is an
example of this. Any candidate that took time off work did so
of their own free will. Interestingly, no candidate asked the
election board for a delay in date or time of the hearing. And neither the election board nor any
candidates asked me, one of the challengers, regarding any need for a
delay.
Ironically, the ACEB caused the length of the hearing to be longer than
necessary. It failed to have all
challengers to one issue attend the matter at the same time and it failed to
have all classes of challenges attended to at the same time.
PARAGRAPH 27 and 28: Shine also
said that it was his opinion that the complaints were nothing more than a
publicity stunt.
“It was quite clear to me this was done for nothing but self-promotion
and to put a spotlight on the complaining party, Ms. Burgess,” Shine said.
FACTS INCLUDED: An opinion is not a fact, although the statement was likely made.
FACTS OVERLOOKED: Self-promotion
would have required, at the very least, a press release be sent from or me
initiating some sort of contact with the media in advance. Or alternatively, me taking advantage of
post-hearing press opportunities. None
of this happened. Matter of fact, I
purposefully have delayed the roll out of my campaign as a candidate to keep
the focus on my right to this process as a registered voter. Mr. Shine’s attacks on me are a form of
self-promotion for himself to help remind everyone that he is the Chairman of a
political party that hasn’t been able to secure the mayoral office for over 2
decades and last secured the office in 1988.
In 1988, I was still in high school. So is he attacking me as a
Democrat? As a woman? Or as the youngest candidate in the field? How dare impetuous me use my right as a registered voter
to challenge a few candidates…??
PARAGRAPH 28 and 29: Meehan said
she felt the meeting on the complaints “was a grotesque waste of time.”
“It is there to make sure people are filing correctly, to make sure information is correct,” Meehan said, adding she hopes the challenges will not deter candidates from either party.
“I would hate for somebody to not run because of what can happen,”
Meehan said.
FACTS INCLUDED: An opinion is
not a fact, although the statement was likely made.
FACTS OVERLOOKED: The statement
made is interesting. Chairman Meehan is
essentially saying, “Hey, there’s this process of challenging candidates to
make sure people are filling out their paperwork correctly and accurately…but
any registered voter who actually follows the process is wasting everyone’s
time.”
PARAGRAPH 30 and 31: Burgess
said she was not sure she would appeal the challenges in court.
“I have a campaign to run,” she said.
FACTS INCLUDED: I made those
statements.
FACTS OVERLOOKED: See PARAGRAPH
17, 18 and 19 above.
TO THE JOURNALISTS – Rosa, it was a pleasure to meet you. Dave, if you were there, I missed the
opportunity to speak with you. To both,
overall good job on this article. Really
like how things are becoming more fact-focused.
I appreciate how difficult that can be due to both space restrictions
and the current political environment.
Just wanted you both to know that I appreciate your efforts, as originally posted and later amended: http://www.journalgazette.net/news/local/20190227/candidate-behind-bevy-of-challenges-abused-process
_________
SOURCES:
[5] http://www.journalgazette.net/news/local/20190227/candidate-behind-bevy-of-challenges-abused-process
[7] https://www.wane.com/news/local-news/fort-wayne-mayoral-candidate-removed-from-ballot/1811829533
