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March 2 2000 Meeting Minutes

candidancy Indiana Election Commission

Minutes

MARCH 2, 2000

MEMBERS PRESENT: Dudley Cruea, Chairman of the Indiana Election Commission {"IEC"), S. Anthony Long, Pat Terrell and Joseph M. Perkins, Jr.

MEMBERS ABSENT: None.

STAFF ATTENDING: Candy Marendt, Co-Director, Election Division, Office of the Indiana Secretary of State ("Election Division"), Spencer Valentine, Co-Director, Election Division, Kristi Robertson, Co-General Counsel IEC and Election Division, Dale Simmons, Co-General Counsel IEC and Election Division; Pam Potesta, Co-Director, Campaign Finance, Election Division; and Michelle Thompson, Co-Director, Campaign Finance, Election Division.

ALSO ATTENDING: Terry Goodin, Goodin for State Representative Committee, Jennifer D. Lewis, Attorney for Terry Goodin, Charles H. Sebastian, candidate challenger, Kris T. Schepers, LAT-PAC, Kent Evans, LAT-PAC, Joy Y. LeCount, Citizens for Joy LeCount, Lynn Coleman, Judy Coleman for State Representative Committee, Judy Coleman, Judy Coleman for State Representative Committee, Tim Maloney, MECAF Voters, Carolyn Cooke, WWNPA, Betty Williams, WWNPA, Florence Howard, Howard for State Senate Committee, David K. Lee, Carpenter's Union, Mitch Harper, Mitch Harper Committee, Jenny Fulk, Committee to Elect Jenny Fulk, Linda Koontz, Clerk, Howard County Circuit Court, Patty Chaffee, Chief Deputy Clerk, Howard County.

1. CALL TO ORDER

The chair called the March 2, 2000 meeting of the IEC to order in Training Room 5, Indiana Government Center South, 302 West Washington Street, Indianapolis, Indiana. He noted that proper notice of the meeting had been given, as required by state law, and that all Commission members were present. The Chair noted that Pat Terrell was sitting on the IEC as the appointed proxy for IEC member Butch Morgan.

Copies of the meeting notice, agenda and appointment of proxy are incorporated by reference in these minutes. (Copies of all documents incorporated by reference are available for public inspection and copying at the Election Division office.)

  1. APPROVAL OF THE JANUARY 27, 2000 MINUTES

    The chair noted that each Commission member had previously received a draft of the proposed Commission minutes for the January 27, 2000 meeting. There being no corrections, Mr. Long moved that the January 27, 2000 minutes be approved as submitted. Mr. Terrell seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Terrell and Mr. Perkins), and no member voting "nay", the motion was adopted.

  2. REPORT BY CO-DIRECTORS

The Co-Directors Mr. Valentine and Ms. Marendt, addressed the Commission on the operation of the Election Division. The Co-Directors reported that the Election Division is now ahead of schedule in receiving the voter registration files from the individual counties.

4. CANDIDATE CHALLENGE HEARINGS

The chair then stated that the Commission would take the next item on the agenda, that being candidate challenges.

The chair recognized Ms. Robertson who stated that the challenge assigned cause number 2000-90 involved the declaration of candidacy of Terry Goodin for Indiana State Representative, District 66. Ms. Robertson advised the Commission that the written candidate challenge filed by Charles Sebastian and the written appearance of attorney Jennifer Lewis, attorney for Terry Goodin, had been included in the packets sent to the IEC members. Said documents are incorporated into these minutes by reference. The chair then requested the parties who anticipated testifying in this candidate challenge hearing to stand and take the oath. The oath was administered by Ms. Robertson.

The chair then requested that the challenger, Mr. Sebastian, approach the front, state his name and present his challenge. Mr. Sebastian identified himself as Charles Sebastian. Mr. Sebastian indicated that he was a Scottsburg, Indiana resident and a registered voter in District 66. He testified that he works for the United States Postal Service as a letter carrier in Scottsburg. He indicated that he had heard rumors that Terry Goodin may not have lived in District 66 for a year prior to running for office. He stated that he had two pieces of evidence that he felt proved that Mr. Goodin did not live in District 66 until December of 1999: 1) a water receipt that shows that Mr. Goodin moved into an apartment in December of 1999, and 2) a voter's registration card that shows that Mr. Goodin changed his voter's registration in January, 2000 to an address that was in District 66. Mr. Sebastian also indicated that he had heard a rumor that Mr. Goodin did not have electricity in his new apartment until December, 1999, although he did not have any documentary evidence to prove this. Mr. Sebastian concluded by saying that, based upon this evidence, he believed that Terry Goodin's name should be removed from the ballot. Mr. Sebastian then offered the water receipt and the voter's registration card into the record and the same were entered into the record by consent and are incorporated into these minutes by reference as Challenger's Exhibits A and B. The Commission members then examined said exhibits.

The chair then invited Mr. Goodin and his attorney, Ms. Lewis, to come forward to present their response. Ms. Lewis asked the Commission to take notice of Terry Goodin's declaration of candidacy and the Commission did so by consent. Ms. Lewis pointed out that the declaration of candidacy states that Mr. Goodin resides at 409 Seymour Road, Crothersville, Indiana and that such residence should be considered as presumptively true . Ms. Lewis stated that Mr. Goodin does, in fact, live at this residence which has been Mr. Goodin's residence since June 1, 1999. She stated that Article 4, Section 7 of the Indiana Constitution requires that a candidate for State Representative be a resident of the district for which he seeks office for a year prior to the election. Ms. Lewis stated that Mr. Goodin has been a resident of Crothersville, Indiana, since June 1999, which will be about a year and a half at the time of the general election. Ms. Lewis admitted that Mr. Sebastian was correct in stating that the water and electric utilities were not put in Mr. Goodin's name until December, 1999. However, Ms. Lewis pointed out that the lease that Mr. Goodin executed in June, 1999, did not require Mr. Goodin to pay the water and electric utilities until the landlord completed some renovations on the apartment. Ms. Lewis indicated that the landlord worked on those renovations throughout the fall of 1999. Ms. Lewis offered Candidate's Exhibit A, the affidavit of Travis Ray Williams, with an attached copy of the lease agreement between Mr. Goodin and Mr. Williams, Mr. Goodin's landlord under the lease. Candidate's Exhibit A was entered into the record by consent and is incorporated into these minutes by reference. Ms. Lewis explained that the affidavit and lease show that the utilities were waived under the lease until the renovations were complete. The members of the Commission then examined Candidate's Exhibit A.

Mr. Terrell then requested counsel for an explanation of the residency statutes. Ms. Robertson referred the Commission members to IC 3-5-2-42.5 where it defines "residence" as a person's true, fixed and permanent home and principal establishment to which the person has, whenever absent, the intention of returning. Ms. Robertson then referred the Commission members to IC 3-5-5-2 that states that to establish residency a person must have the intent to make a place a permanent home and also conduct oneself in a manner that carries out that intent. She explained that reading these statutes together establishes the general definition of "residence" under Indiana law.

The chair asked Mr. Goodin whether his prior residence had been in Austin, Indiana and Mr. Goodin responded by saying "yes". Mr. Long asked Mr. Goodin when he moved to the Crothersville address. Mr. Goodin indicated that he could not give an exact date but that it was the end of October or first of November.

The chair then recognized Ms. Lewis again. Ms. Lewis stated that Mr. Goodin had the intent to become a resident of District 66 as far back as July, 1998 when he signed a contract to become the superintendent of schools in Crothersville. She stated that his conduct of executing the lease in June of 1999 is one example of conduct which can go to proving the issue of intent. In addition, she stated that Mr. Goodin considered his Crothersville apartment his residence for the school year, beginning in August, 1999. Ms. Lewis then offered Candidate's Exhibit C to the Commission which she represented as the Crothersville Community School 1999-2000 Directory which lists Mr. Goodin's address as the Crothersville apartment. Ms. Lewis then offered into the record Candidate's Exhibit B, Mr. Goodin's W-2 form for the year 1999 which shows Mr. Goodin's address as the Crothersville apartment. Ms. Lewis also offered to the Commission Candidate's Exhibit D which she described as Mr. Goodin's contract of employment with the Crothersville Community Schools which had been executed in 1998. Candidate's Exhibits B, C, and D were entered into the record by consent and are incorporated into these minutes by reference. The Commission then examined Candidate's Exhibits B, C and D.

The chair then asked Ms. Lewis if she had anything else to present. Ms. Lewis stated that the evidence regarding Mr. Goodin's change of his voter's registration in January, 2000 is not significant to these proceedings. She stated that the statute only required Mr. Goodin to change his voter's registration to reflect his residence in District 66 prior to the filing deadline for his declaration of candidacy and that Mr. Goodin complied with that filing deadline. Ms. Lewis then referred the Commission to a candidate challenge considered by the Commission in 1998 involving candidate Marcus Burgher. She stated that Mr. Burgher was being challenged as a candidate for prosecutor in Crawford County. Ms. Lewis stated that Mr. Burgher owned a lot and was in the process of building a house on the lot, though, like Mr. Goodin, Mr. Burgher did not have utilities connected at the time of the challenge. Ms. Lewis stated that the Commission nonetheless found that Mr. Burgher was a resident in Crawford County for the purposes of running for the office of prosecuting attorney in Crawford County. In conclusion, Ms. Lewis requested that the Commission deny the candidate challenge filed by Mr. Sebastian.

The chair then asked if Mr. Sebastian had anything to present to the Commission in rebuttal. The chair then offered the Candidate's exhibits to Mr. Sebastian for examination. Mr. Sebastian submitted no further evidence and the chair closed the hearing.

Mr. Long moved that the candidate challenge be denied. Mr. Long also stated that he felt that Mr. Goodin had shown that he both intended, and did, in fact, establish timely residence in Crothersville and that Crothersville is in District 66. Mr. Terrell seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Terrell and Mr. Perkins), and no member voting "nay", the motion was adopted.

5. CAMPAIGN FINANCE ENFORCEMENT


A. DEMOCRATIC LEGISLATIVE CAMPAIGN COMMITTEE, CAUSE NO. 00-4171-

71

The chair recognized Michelle Thompson who stated that the Commission members had received a copy of Order 2000-34 in their packets regarding Democratic Legislative Campaign Committee, cause number 00-4171-71. Ms. Thompson stated that she assigned a cause number to the case before she realized that the committee had timely filed their report on January 19, 2000. Ms. Thompson requested that the Commission adopt Order 2000-34 dismissing the case against the committee.

Mr. Perkins then moved that the order be adopted by the Commission. Mr. Long seconded the motion. There being no further discussion the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted and thereafter the members of the Commission executed said order. Said order is incorporated into these minutes by reference.

The chair then indicated that the Commission would begin with the hearings on delinquent 1999 campaign finance reports. The chair requested all persons present to testify in such hearings to stand for the administration of the oath. Ms. Robertson then administered the oath.

B. LAT-PAC, CAUSE NO. 00-4444-89

The chair recognized Kent Evans who identified himself as representative of the Licensed Athletic Trainers Political Action Committee (LAT-PAC). He stated that he did not know what the cause number on his case was since he had not received a copy of the certified letter.

The chair then recognized Ms. Potesta who stated that the cause number on this case was 00-4444-89. She stated that LAT-PAC received their notice on February 18, 2000. She stated that this is the first time that LAT-PAC has been before the Commission, that the committee filed their report on January 20, 2000, and that the committee has a proposed civil penalty of Fifty Two Dollars and Seventy Three Cents ($52.73).

Mr. Evans then responded by stating that he had placed his report in the mail on the January 18 and that it just did not arrive on time. Mr. Evans stated that LAT-PAC was started in March, 1999, and that he was the treasurer. He stated that prior to this report he had submitted one other report in a timely manner before the general election in October, 1999.

The chair then closed the hearing. Mr. Long moved that the proposed fine be reduced to Twelve Dollars and Fifty Cents ($12.50) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Fifteen Dollars and Twenty Three Cents ($15.23). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins, and Mr. Terrell), and no member voting "nay", the motion was adopted.

C. CITIZENS FOR JOY LE COUNT, CAUSE NO. 00-3778-60

The chair then recognized Joy Le Count who identified herself as a representative of the Citizens for Joy Le Count Committee. She stated that her campaign finance report was late simply because she had procrastinated. Ms. Le Count stated that she has had other campaign committees in the past and has never before been late filing a report. She apologized to the Commission for being late on her last report.

The chair then recognized Ms. Potesta who stated that the cause number on this case was 00-3778-60. She stated that the committee filed their report on January 25, 2000 and that the committee had never before appeared before the Commission. She stated that the proposed civil penalty was Three Hundred Two Dollars and Seventy Three Cents ($302.73).

The chair then closed the hearing. Mr. Long moved that the proposed fine be reduced to Seventy Five Dollars ($75.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Seventy Seven Dollars and Seventy Three Cents ($77.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Terrell and Mr. Perkins), and no member voting "nay", the motion was adopted.


D. JUDY COLEMAN FOR STATE REPRESENTATIVE, CAUSE NO. 00-4287-75

The chair recognized Judy and Lynn Coleman who introduced themselves as representatives of the Judy Coleman for State Representative committee.

The chair then recognized Ms. Potesta who stated that this case was filed under cause number 00-4287-75. She indicated that the committee received their notice on February 23, 2000 and that they filed their campaign finance report on February 2, 2000. Ms. Potesta stated that this committee had no prior appearances before the Commission. She also stated that the Committee has now been closed. She stated that the proposed civil penalty for this case is Seven Hundred Two Dollars and Seventy Three Cents ($702.73).

Both Judy and Lynn Coleman stated that they had simply forgotten that the campaign finance report was due.

The chair then closed the hearing. Mr. Terrell moved that the proposed fine be reduced to One Hundred and Seventy Five Dollars ($175.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of One Hundred and Seventy Seven Dollars and Seventy Three Cents ($177.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Terrell and Mr. Perkins), and no member voting "nay", the motion was adopted.

Ms. Coleman then asked whether her fine would constitute an expense of her committee such that she would be required to file another report. The chair then explained that since the fine would be paid out of personal funds there would be no need to file an additional report.

E. HOOSIER ENVIRONMENTAL COUNCIL ACTION FUND VOTERS, CAUSE NO.

00-3713-57

The chair recognized Tim Maloney who identified himself as a representative of the Hoosier Environmental Council Action Fund Voters ("HECAF voters") committee.

The chair then recognized Ms. Potesta who stated that this case was filed under cause number 00-3713-57. She stated that this committee filed their campaign finance report on January 19, 2000 at 1:51 p.m. She added that this committee has been before the Commission one other time for a late 1996 pre-primary report. She stated that the proposed civil penalty is Fifty Two Dollars and Seventy Three Cents ($52.73).

Mr. Maloney stated that he had no excuse for filing the report late. He noted that the committee is an inactive committee as can be seen from the report filed. He stated that the prior late filing occurred during a time when the Commission did not mail out campaign finance forms prior to the filing date which led to a number of committees filing late.

The chair then closed the hearing. Mr. Long moved that the proposed fine be reduced to Twenty Five Dollars ($25.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Twenty Seven Dollars and Seventy Three Cents ($27.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins, and Mr. Terrell), and no member voting "nay", the motion was adopted.

  1. INDIANA WOMEN'S NETWORK FOR POLITICAL ACTION, CAUSE NO. 00-3307-

52

The chair recognized Carolyn Cooke who introduced herself as a representative of the Indiana Women's Network for Political Action. Betty Williams introduced herself as the treasurer of this committee.

The chair then recognized Pam Potesta who stated that this case was filed under cause number 00-3307-52. Ms. Potesta stated that the committee filed its report on January 26, 2000. She stated that the committee had no prior appearances before the Commission. She stated that the proposed civil penalty was in the amount of Three Hundred Fifty Two Dollars and Seventy Three Cents ($352.73).

Ms. Cooke explained that she had not willfully neglected the deadline for filing the campaign finance report. She stated that the committee has been active for one year with the only expense being for the committee's post office box. Ms. Cooke explained that the mail that the committee received from the Election Division regarding the report had been picked up by Ms. Williams who was subsequently seriously injured in an automobile accident. She stated that, because of this accident, Ms. Williams had been able to get the materials to her. She further stated that when she received the materials, she promptly filed the report. Ms. Williams apologized for the lateness of the report.

The chair then closed the hearing. Mr. Long moved that the proposed fine be reduced to Eighty Seven Dollars and Fifty Cents ($87.50) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Ninety Dollars and Twenty Three Cents ($90.23). Mr. Terrell seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Terrell and Mr. Perkins), and no member voting "nay", the motion was adopted.

  1. HOWARD FOR STATE SENATE COMMITTEE, CAUSE NO. 00-3615-53

The chair recognized Florence Howard who introduced herself as a representative of the Howard for State Senate Committee.

The chair then recognized Pam Potesta who stated that this case was filed under cause number 00-3615-53. Ms. Potesta stated that the committee received its notice on February 19, 2000 and filed its report on January 21, 2000. She stated that the committee had no prior appearances before the Commission. She stated that the proposed civil penalty was in the amount of One Hundred and Two Dollars and Seventy Three Cents ($102.73).

Ms. Howard stated that she had simply been mistaken about when the report was due. She stated that thought the report was due on the 21st instead of the 19th.

The chair then closed the hearing. Mr. Long moved that the proposed fine be reduced to Twenty Five Dollars ($25.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Twenty Seven Dollars and Seventy Three Cents ($27.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Terrell and Mr. Perkins), and no member voting "nay", the motion was adopted.

H. MITCH HARPER COMMITTEE, CAUSE NO. 00-3107-51

The chair recognized Mitch Harper who identified himself as a representative of the Mitch Harper Committee.

The chair then recognized Pam Potesta who said this case was filed under cause number 00-3107-51. Ms. Potesta stated that the committee received its notice on February 16, 2000 and filed its report on January 21, 2000. She stated that the committee had no prior appearances before the Commission and that the committee has now filed a final report. She stated that the proposed civil penalty was in the amount of One Hundred and Two Dollars and Seventy Three Cents ($102.73)

Ms. Harper stated that he was the treasurer of the committee and was familiar with the law and he did timely file his report with the County Election Board. He stated that he mailed his report to the Election Division prior to the filing deadline but because of the intervening Martin Luther Kings holiday his report arrived late.

The chair then closed the hearing. Mr. Long moved that the proposed fine be reduced to Twenty Five Dollars ($25.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Twenty Seven Dollars and Seventy Three Cents ($27.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Terrell and Mr. Perkins), and no member voting "nay", the motion was adopted.

I. INDIANA REGIONAL CARPENTERS COPE ACCOUNT, CAUSE NO. 00-3671-55

The chair recognized David Lee who introduced himself as a representative of the Indiana Regional Carpenters Political Cope Account.

The chair then recognized Ms. Potesta who stated that this case was filed under cause number 00-3671-55. Ms. Potesta stated that the committee filed its report on January 24, 2000. She stated that the committee had no prior appearances before the Commission. She stated that the committee has now filed its final report. She stated that the proposed civil penalty was in the amount of Two Hundred and Fifty Two Dollars and Seventy Three Cents ($252.73). Ms. Potesta also stated that there is a letter from the committee contained in the packet provided to the Commission for their review.

Ms. Lee stated that the carpenter's union had restructured their organization this year and, as a result, it has new staff members who were not familiar with the campaign filing requirements. He stated that these new staff members have been advised on the campaign filing deadlines and advised not to miss the filing deadlines again. He stated that this was an honest oversight made by an overworked staff.

The chair then noted that a new statement of organization had been filed for this committee. He then closed the hearing. Mr. Long moved that the proposed fine be reduced to Sixty Two Dollars and Fifty Cents ($62.50) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Sixty Five Dollars and Twenty Three Cents ($65.23). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  1. COMMITTEE TO ELECT JERRY FULK, CAUSE NO. 00-4113-69

    The chair recognized Jerry Fulk who introduced himself as a representative of the Committee to Elect Jerry Fulk.

    The chair then recognized Ms. Potesta who stated that this case was filed under cause number 00-4113-69. Ms. Potesta stated that the committee had received its notice on February 19, 2000 and filed its report on January 31, 2000. She stated that the committee had appeared before the Commission one other time for a late 1996 annual report. She stated that the committee has now filed a final report. Ms. Potesta also stated that there is a letter from the committee contained in the packet provided to the Commission for their review. She stated that the proposed civil penalty was in the amount of Six Hundred and Two Dollars and Seventy Three Cents ($602.73).

    The Commission then examined the final report provided. The chair noted that the report did not specify the dispensation of Three Thousand Five Hundred Dollars and Sixty Cents ($3500.60) that appeared on the report of the committee. Linda Koontz, Clerk of the Circuit Court, Howard County, stated that she remembers Mr. Fulk filing his report with the County Election Board. She stated further that she remembered that he had asked her what to do in 1996 if all the money that was left in his committee was owed to him. She stated that she had even called the State for Mr. Fulk to ask that question on his behalf.

    The chair also noted that the final report showed a debt of Six Thousand Dollars ($6,000.00). Mr. Fulk said that some parts of the final report had been reconstructed because he did not have the records. Mr. Fulk explained that all that the committee received and spent in the election came out of his personal funds. He explained that the debt the committee owes is a debt that is all owed to him. The chair then explained that the final report still had to reflect the dispensation of the balance of Three Thousand Five Hundred and Sixty Cents ($3500.60).

    The chair then suggested a continuance to allow Mr. Fulk the opportunity to amend his final report to show the balance remaining in his committee's account went to repay the debt owed to him. Ms. Robertson suggested that Mr. Fulk file a letter explaining that the balance in the committee's account all went toward the payment of the debt owed to Mr. Fulk and that the remainder of the debt the committee owed to Mr. Fulk in the amount of Two Thousand Four Hundred and Ninety Nine Dollars and Forty Cents ($2,499.40) was forgiven by Mr. Fulk.

    Mr. Perkins observed that the record should reflect that the assistance of a republican clerk (Linda Koontz) to a democratic candidate (Mr. Fulk) demonstrated bi-partisan cooperation. Mr. Long then moved that this case be continued to allow Mr. Fulk the opportunity to file the report described by Ms. Robertson. Mr. Terrell seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Terrell and Mr. Perkins), and no member voting "nay", the motion was adopted.

    Mr. Fulk then asked whether he would need to appear before the Commission again. The chair indicated that if Mr. Fulk filed the appropriate document explaining the forgoing that he would not need to appear before the Commission again.

    Mr. Long then suggested that the Commission consider exercising its discretion in reducing campaign finance fines in a manner that recognized the effort put forth by individuals who took the time to personally appear before the Commission as opposed to those who simply wrote a letter. The chair then recognized Mr. Valentine who stated that while such a policy may have merit, however, he asked that such a policy not be applied to the campaign finance hearings pending before the Commission at this time because Election Division staff often tell representatives of the committees that they may send a letter in lieu of appearing before the Commission. The chair indicated that staff could look into the issue and report to the Commission and that the issue could be taken up at another meeting

    The chair then opened the discussion as to how to dispose of the remaining campaign finance cases, for which no person was present, on the Commissions docket for this date. Mr. Long suggested that the disposition of these cases could be made in one motion. Mr. Long then moved that all those committees who, according to the summary provided by staff (which summary is incorporated into these minutes by reference), have never before appeared before the Commission should have their fines reduced to 25% of the proposed fines, plus the costs of investigation; that all those committees who, according to the summary provided by staff, have appeared before the Commission one previous time should have their fines reduced to 50% of the proposed fines, plus the costs of investigation; that all those committees who, according to the summary provided by staff, have appeared before the Commission two previous time should have their fines reduced to 75% of the proposed fines, plus the costs of investigation; that all those committees who, according to the summary provided by staff, have appeared before the Commission three or more previous times should pay the entire amount of the proposed fine plus the costs of investigation. Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted and the cases were disposed of as set forth in detail below.

  2. BALES ELECTION COMMITTEE, CAUSE NO. 00-53-34

    The record showed that the Bales Election Committee has had no prior appearances before the Commission and has a proposed fine of Six Hundred Dollars ($600.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73)

    Mr. Long moved that the proposed fine be reduced to One Hundred Fifty Dollars ($150.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of One Hundred Fifty Two Dollars and Seventy Three Cents ($152.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  3. INDIANA DEALERS ELECTION ACTION FOR SURVIVAL, CAUSE NO. 00-66-35

    The record showed that the Indiana Dealers Election Action for Survival committee has had one prior appearance before the Commission and has a proposed fine of Three Hundred and Fifty Dollars ($350.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to One Hundred Seventy Five Dollars ($175.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of One Hundred Seventy Seven Dollars and Seventy Three Cents ($177.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  4. TRUCKING INDUSTRY POLITICAL ACTION COMMITTEE, CAUSE NO. 00-109-36

The record showed that the Trucking Industry Political Action Committee has had one prior appearance before the Commission and has a proposed fine of One Hundred Dollars ($100) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

Mr. Long moved that the proposed fine be reduced to Fifty Dollars ($50.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Fifty Two Dollars and Seventy Three Cents ($52.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

L. UNITED MINE WORKERS OF AMERICAN COAL MINERS PAC, CAUSE NO. 00-

395-37

The record showed that the United Mine Workers of American Coal Miners PAC has had 4 prior appearances before the Commission and has a proposed fine of One Hundred Dollars ($100.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

Mr. Long moved that the proposed fine not be reduced and that the full fine, including investigative costs, in the sum of One Hundred Two Dollars and Seventy Three Cents ($102.73) be imposed. Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  1. KROGER INDIANA PAC, CAUSE NO. 00-801-38

    The record showed that the Kroger Indiana PAC has had two prior appearances before the Commission and has a proposed fine of Fifty Dollars ($50.00) plus investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Thirty Seven Dollars and Fifty Cents ($37.50) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Forty Dollars and Twenty Three Cents ($40.23). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  2. BUILDERS POLITICAL ACTION COMMITTEE, CAUSE NO. 00-812-39

    The record showed that the Builders Political Action Committee has had one prior appearances before the Commission and has a proposed fine of Three Hundred Dollars ($300.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to One Hundred Fifty Dollars ($150.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of One Hundred Fifty Two Dollars and Seventy Three Cents ($152.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  3. BEER INDUSTRY POLITICAL ACTION COMMITTEE, CAUSE NO. 00-886-40

The record showed that the Beer Industry Political Action Committee has had one prior appearance before the Commission and has a proposed fine of Three Hundred and Fifty Dollars ($350.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

Mr. Long moved that the proposed fine be reduced to One Hundred Seventy Five Dollars ($175.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of One Hundred Seventy Seven Dollars and Seventy Three Cents ($177.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

P. HAYES FOR STATE REPRESENTATIVE COMMITTEE, CAUSE NO. 00-1093-41

The record showed that the Hayes for State Representative Committee has had no prior appearances before the Commission and has a proposed fine of One Hundred Dollars ($100.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

Mr. Long moved that the proposed fine be reduced to Twenty Five Dollars ($25.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Twenty Seven Dollars and Seventy Three Cents ($27.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  1. COMMITTEE TO RE-ELECT DENNIS AVERY, CAUSE NO. 00-1467-42

    The record showed that the Committee to Re-Elect Dennis Avery has had one prior appearance before the Commission and has a proposed fine of Fifty Dollars ($50.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Twenty Five Dollars ($25.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Twenty Seven Dollars and Seventy Three Cents ($27.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  2. INDIANA FEDERATION OF TEACHERS COMMITTEE ON POLITICAL EDUCATION, CAUSE NO. 00-1528-43

    The record showed that the Indiana Federation of Teachers Committee on Political Education has had one prior appearance before the Commission and has a proposed fine of Three Hundred Dollars ($300.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to One Hundred Fifty Dollars ($150.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of One Hundred Fifty Two Dollars and Seventy Three Cents ($152.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  3. HYGIENISTS OF INDIANA POLITICAL ACTION COMMITTEE, CAUSE NO. 00-1540-44

    The record showed that the Hygienists of Indiana Political Action Committee has had no prior appearances before the Commission and have a proposed fine of One Hundred Dollars ($100.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Twenty Five Dollars ($25.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Twenty Seven Dollars and Seventy Three Cents ($27.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  4. JONES FOR STATE REPRESENTATIVE, CAUSE NO. 00-1728-45

    The record showed that the Jones for State Representative committee has had two prior appearances before the Commission and has a proposed fine of One Thousand Dollars ($1000.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Seven Hundred Fifty Dollars ($750.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Seven Hundred Fifty Two Dollars and Seventy Three Cents ($752.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  5. INDIANA FRATERNAL ORDER OF POLICE ACTION PLAN, CAUSE NO. 00-1798-46

    The record showed that the Indiana Fraternal Order of Police Action Plan committee has had two prior appearances before the Commission and has a proposed fine of Three Hundred and Fifty Dollars ($350.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Two Hundred Sixty Two Dollars and Fifty Cents ($262.50) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Two Hundred Sixty Five Dollars and Twenty Three Cents ($265.23). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  6. THE COMMITTEE TO ELECT BRAD BAYLIFF, CAUSE NO. 00-1884-47

    The record showed that the Committee to Elect Brad Bayliff has had one prior appearance before the Commission and has a proposed fine of Fifty Dollars ($50.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Twenty Five Dollars ($25.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Twenty Seven Dollars and Seventy Three Cents ($27.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  7. FIRST CHICAGO NBD CORP. STATE PAC, CAUSE NO. 00-2059-48

    The record showed that the First Chicago NBD Corp. State PAC has had one prior appearance before the Commission and has a proposed fine of Fifty Dollars ($50.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73)

    Mr. Long moved that the proposed fine be reduced to Twenty Five Dollars ($25.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Twenty Seven Dollars and Seventy Three Cents ($27.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  8. THE EVAN BAYH COMMITTEE, CAUSE NO. 00-2090-49

    The record showed that the Evan Bayh Committee has had no prior appearances before the Commission and has a proposed fine of Fifty Dollars ($50.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Twelve Dollars and Fifty Cents ($12.50) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Fifteen Dollars and Twenty Three Cents ($15.23). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  9. CITIZENS FOR ALEVIZOS, CAUSE NO. 00-3054-50

    The record showed that the Citizens for Alevizos committee has had one prior appearance before the Commission and has a proposed fine of Six Hundred Fifty Dollars ($650.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Three Hundred and Twenty Five Dollars ($325.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Three Hundred and Twenty Seven Dollars and Seventy Three Cents ($327.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  10. SCHENK FOR STATE SENATE COMMITTEE, CAUSE NO. 00-3634-54

    The record showed that the Schenk for State Senate Committee has had one prior appearance before the Commission and has a proposed fine of One Thousand Dollars ($1000.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Five Hundred Dollars ($500.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Five Hundred Two Dollars and Seventy Three Cents ($502.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  11. CITIZENS FOR ROBERT D. GREEN, CAUSE NO. 00-3689-56

    The record showed that the Citizens for Robert D. Green committee has had no prior appearances before the Commission and has a proposed fine of One Thousand Dollars ($1000.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Two Hundred Fifty Dollars ($250.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Two Hundred Fifty Two Dollars and Seventy Three Cents ($252.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  12. INDIANA CARPENTERS POLITICAL ACTION FUND, CAUSE NO. 00-3721-58

    The record showed that the Indiana Carpenters Political Action Fund has had no prior appearances before the Commission and has a proposed fine of Three Hundred Fifty Dollars ($350.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Eighty Seven Dollars and Fifty Cents ($87.50) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Ninety Dollars and Twenty Three Cents ($90.23). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  13. UNITED SENIOR ACTION NON-PARTISAN PAC, CAUSE NO. 00-3740-59

    The record showed that the United Senior Action Non-Partisan PAC has had one prior appearance before the Commission and has a proposed fine of Fifty Dollars ($50.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Twenty Five Dollars ($25.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Twenty Seven Dollars and Seventy Three Cents ($27.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  14. J. MURRAY CLARK COMMITTEE, CAUSE NO. 00-3781-61

    The record showed that the J. Murray Clark Committee has had one prior appearance before the Commission and has a proposed fine of Fifty Dollars ($50.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Twenty Five Dollars ($25.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Twenty Seven Dollars and Seventy Three Cents ($27.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  15. VANLEER FOR STATE REPRESENTATIVE, CAUSE NO. 00-3799-62

    The record showed that the Vanleer for State Representative committee has had one prior appearance before the Commission and has a proposed fine of Four Hundred Dollars ($400.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Two Hundred Dollars ($200.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Two Hundred Dollars Two Dollars and Seventy Three Cents ($202.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  16. BARNARD FOR STATE REPRESENTATIVE, CAUSE NO. 00-4001-63

    The record showed that the Barnard for State Representative committee has had five prior appearances before the Commission and has a proposed fine of One Thousand Dollars ($1000.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the full fine, plus investigative costs, be imposed in the sum of One Thousand Two Dollars and Seventy Three Cents ($1002.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  17. MAINTAINING OUR NEIGHBORHOODS, CAUSE NO. 00-4018-64

    The record showed that the Maintaining Our Neighborhoods committee has had three prior appearances before the Commission and has a proposed fine of One Thousand Dollars ($1000.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the full fine, plus investigative costs, be imposed in the sum of One Thousand Two Dollars and Seventy Three Cents ($1002.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  18. ETHICS IN GOVERNMENT IN CARE OF GREG LAWSON, CAUSE NO. 00-

    4075-65

    The record showed that the Ethics in Government in Care of Greg Lawson committee has had three prior appearance before the Commission and has a proposed fine of One Thousand Dollars ($1000.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73)

    Mr. Long moved that the full fine, plus investigative costs, be imposed in the sum of One Thousand Two Dollars and Seventy Three Cents ($1002.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  19. ROBERT D. THAYER FOR STATE REPRESENTATIVE, CAUSE NO. 00-4079-66

    The record showed that the Robert D. Thayer for State Representative committee has had no prior appearances before the Commission and has a proposed fine of Nine Hundred Fifty Dollars ($950.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Two Hundred and Thirty Seven Dollars and Fifty Cents ($237.50) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Two Hundred Forty Dollars and Twenty Three Cents ($240.23). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  20. CITIZENS FOR PAT LAIN, CAUSE NO. 00-4084-67

    The record showed that the Citizens for Pat Lain committee has had no prior appearances before the Commission and has a proposed fine of One Thousand Dollars ($1000.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Two Hundred Fifty Dollars ($250.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Two Hundred Fifty Two Dollars and Seventy Three Cents ($252.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  21. CITIZENS FOR CHOCHOS, CAUSE NO. 00-4105-68

    The record showed that the Citizens for Chochos committee has had three prior appearances before the Commission and has a proposed fine of One Thousand Dollars ($1000.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the full fine, plus investigative costs be imposed in the sum of One Thousand Two Dollars and Seventy Three Cents ($1002.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  22. MCBRIDE FOR STATE REPRESENTATIVE, CAUSE NO. 00-4117-70

    The record showed that the McBride for State Representative committee has had two prior appearances before the Commission and has a proposed fine of One Thousand Dollars ($1000.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Seven Hundred Fifty Dollars ($750.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Seven Hundred Fifty Two Dollars and Seventy Three Cents ($752.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  23. COMMITTEE TO ELECT CHARLES MOSELEY, CAUSE NO. 00-4264-72

    The record showed that the Committee to Elect Charles Moseley has had no prior appearances before the Commission and has a proposed fine of Fifty Dollars ($50.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Twelve Dollars and Fifty Cents ($12.50) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Fifteen Dollars and Twenty Three Cents ($15.23). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  24. EVANS FOR HOUSE DISTRICT 94, CAUSE NO. 00-4265-73

    The record showed that the Evans for House District 94 committee has had two prior appearances before the Commission and has a proposed fine of One Thousand Dollars ($1000.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Seven Hundred and Fifty Dollars ($750.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Seven Hundred and Fifty Two Dollars and Seventy Three Cents ($752.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  25. REPUBLICANS FOR ELLINGTON, CAUSE NO. 00-4280-74

    The record showed that the Republicans for Ellington committee has had no prior appearances before the Commission and has a proposed fine of Seven Hundred Dollars ($700.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to One Hundred and Seventy Five Dollars ($175.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of One Hundred and Seventy Seven Dollars and Seventy Three Cents ($177.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  26. DEARBORN COUNTY BETTERMENT FOUNDATION, CAUSE NO. 00-4316-76

    The record showed that the Dearborn County Betterment Foundation has had one prior appearance before the Commission and has a proposed fine of Nine Hundred Fifty Dollars ($950.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Four Hundred and Seventy Five Dollars ($475.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Four Hundred and Seventy Seven Dollars and Seventy Three Cents ($477.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  27. FRIENDS OF NANCY IRSAY, CAUSE NO. 00-4320-77

    The record showed that the Friends of Nancy Irsay committee has had no prior appearances before the Commission and has a proposed fine of Eight Hundred Dollars ($800.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Two Hundred Dollars ($200.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Two Hundred Two Dollars and Seventy Three Cents ($202.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  28. DEMOCRATIC COMMITTEE TO ELECT DONNA KAVANAGH, CAUSE NO.

    00-4325-78

    The record showed that the Democratic Committee to Elect Donna Kavanagh has had no prior appearances before the Commission and has a proposed fine of One Thousand Dollars ($1000.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Two Hundred Fifty Dollars ($250.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Two Hundred Fifty Two Dollars and Seventy Three Cents ($252.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  29. REYNOLDS FOR STATE REPRESENTATIVE, CAUSE NO. 00-4332-79

    The record showed that the Reynolds for State Representative committee has had one prior appearance before the Commission and has a proposed fine of One Thousand Dollars ($1000.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Five Hundred Dollars ($500.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Five Hundred Two Dollars and Seventy Three Cents ($502.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  30. ROBERT BECK FOR STATE REPRESENTATIVE, CAUSE NO. 00-4342-80

    The record showed that the Robert Beck for State Representative committee has had no prior appearances before the Commission and has a proposed fine of Six Hundred Fifty Dollars ($650.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to One Hundred Sixty Two Dollars and Fifty Cents ($162.50) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of One Hundred and Sixty Five Dollars and Twenty Three Cents ($165.23). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  31. WILSON FOR STATE REPRESENTATIVE, CAUSE NO. 00-4357-81

    The record showed that the Wilson for State Representative committee has had four prior appearance before the Commission and has a proposed fine of One Thousand Dollars ($1000.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the full proposed fine, plus investigative costs, be imposed in the sum of One Thousand Two Dollars and Seventy Three Cents ($1002.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  32. CAMPAIGN FOR HOOSIER FAMILIES, CAUSE NO. 00-4370-82

    The record showed that the Campaign for Hoosier Families committee has had four prior appearances before the Commission and has a proposed fine of One Thousand Dollars ($1000.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the full amount of the proposed fine, plus investigative costs, be imposed in the sum of One Thousand Two Dollars and Seventy Three Cents ($1002.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  33. COMMITTEE TO ELECT DAN STEWARD, CAUSE NO. 00-4372-83

    The record showed that the Committee to Elect Dan Steward committee has had two prior appearances before the Commission and has a proposed fine of One Thousand Dollars ($1000.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Seven Hundred and Fifty Dollars ($750.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Seven Hundred and Fifty Two Dollars and Seventy Three Cents ($752.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  34. COMMITTEE TO ELECT LLOYD CABINESS, CAUSE NO. 00-4377-84

    The record showed that the Committee to Elect Lloyd Cabiness has had one prior appearance before the Commission and has a proposed fine of Six Hundred Dollars ($600.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Three Hundred Dollars ($300.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Three Hundred Two Dollars and Seventy Three Cents ($302.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  35. SPURLING FOR STATE REPRESENTATIVE, CAUSE NO. 00-4390-85

    The record showed that the Spurling for State Representative committee has had no prior appearances before the Commission and has a proposed fine of Six Hundred Fifty Dollars ($650.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73)..

    Mr. Long moved that the proposed fine be reduced to One Hundred Sixty Two Dollars and Fifty Cents ($162.50) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of One Hundred Sixty Five Dollars and Twenty Three Cents ($165.23). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  36. CLAY FOR LEGISLATURE COMMITTEE, CAUSE NO. 00-4403-86

    The record showed that the Clay for Legislative Committee has had one prior appearance before the Commission and has a proposed fine of One Thousand Dollars ($1000.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to Five Hundred Dollars ($500.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of Five Hundred Two Dollars and Seventy Three Cents ($502.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  37. CAMPAIGN FOR HOOSIER FAMILIES, INC., CAUSE NO. 00-4408-87

    The record showed that the Campaign for Hoosier Families, Inc. committee has had no prior appearances before the Commission and has a proposed fine of Seven Hundred Dollars ($700.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

    Mr. Long moved that the proposed fine be reduced to One Hundred Seventy Five Dollars ($175.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of One Hundred and Seventy Seven Dollars and Seventy Three Cents ($177.73). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

  38. HOOSIER OSTEOPATHIC POLITICAL ACTION COMMITTEE, CAUSE NO.

00-4431-88

The record showed that the Hoosier Osteopathic Political Action Committee has had no prior appearances before the Commission and has a proposed fine of Seven Hundred Fifty Dollars ($750.00) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73).

Mr. Long moved that the proposed fine be reduced to One Hundred and Eighty Seven Dollars and Fifty Cents ($187.50) plus the investigative costs in the sum of Two Dollars and Seventy Three Cents ($2.73) for a total of One Hundred and Ninety Dollars and Twenty Three Cents ($190.23). Mr. Perkins seconded the motion. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Perkins and Mr. Terrell), and no member voting "nay", the motion was adopted.

6. MARCH 23, 2000 COMMISSION MEETING DATE

The chair recognized Mr. Valentine who stated that the following matters need to be set on the March 23, 2000 agenda: 1) Campaign finance orders resulting for the Commissions rulings of today; and 2) The closing of defunct campaign finance committees.

Mr. Valentine also stated that the Election Division received another candidate challenge 4:15 p.m. yesterday afternoon. Mr. Valentine stated that the lateness of the challenge made it impractical to notify the candidate and conduct a hearing on the challenge at the Commission's meeting today. Mr. Valentine indicated that the Commission may want to consider scheduling another meeting prior to March 9, 2000 which is the deadline by which the Commission must rule on campaign challenges under statute.

Mr. Long asked for a clarification from counsel on what constituted a "meeting". Mr. Long asked whether the Commission had to be physically present to conduct of a meeting or whether it was possible to hold a meeting by conference call. Ms. Robertson replied that according to the "open door" statute the Commission must be physically present to conduct a meeting. Ms. Robertson added that there is a bill going through the General Assembly at this time that would allow meetings to be conducted by telephone conference call. Ms. Robertson stated that she did not believe that the bill would pass. Ms. Robertson further stated that the statute currently requires Commission members to be present to conduct the business of the Commission.

Mr. Long then asked whether the March 23, 2000 agenda items could be scheduled for a meeting prior to March 9, 2000. The chair indicated he could not meet again before March 9, 2000. The chair asked whether a candidate challenge would need to be on the agenda and the amount of notice that must be given of the Commission meeting. Ms. Robertson stated that the candidate challenge would have to be on the agenda and that the challenged candidate should receive at least forty-eight hours notice of the hearing on the challenge to be reasonable. Ms. Robertson stated that if the Commission decided not to meet again, then anyone who wanted to remove a candidate from the ballot would have to file an action in court unless it was an appeal from a decision of the Commission. She stated that an appeal from a decision of the Commission would be filed in Marion County Superior Court.

Ms. Robertson stated that the challenge that was received at 4:15 p.m. yesterday was received by FAX. She stated that she talked to the challenger to tell him that she would not have time to notify the challenged candidate before today's meeting but that she would bring it before the Commission for a determination of whether the Commission would meet again to decide this challenge before March 9, 2000. Ms. Robertson stated that the challenger is aware that if the Commission does not meet before March 9, 2000 to decide the challenge then his remedy would be to file an action in court. The chair asked if Ms. Robertson could identify the office of the challenged candidate. Ms. Robertson stated that it was a candidate for State Representative. She stated that it is a residency challenge.

Mr. Long asked whether the legislature had set a deadline for filing a candidate challenge. Ms. Robertson stated that the legislature has not set a deadline for filing a candidate challenge but has only indicated that the Commission must rule on any candidate challenge by March 9, 2000. Mr. Long then suggested that if the legislature did not set a deadline for the filing of candidate challenges that perhaps it would be appropriate for the Commission to promulgate a rule to set a deadline. Ms. Robertson explained that she had spoken with the challenger who filed yesterday prior to March 6, 2000 and advised him that he should file his challenge by Monday March 6, 2000 to get on the agenda for today's meeting. She stated that the challenger did not take her advise and, instead, did not file his challenge until 4:15 p.m. Wednesday March 8.

Mr. Long then asked whether a rule by the Commission would have to provide for two candidate challenge periods. Ms. Robertson responded by advising the Commission that there are two candidate challenge periods, one before the primary and one before the general election. Ms. Robertson explained that the challenges for the general election may be affected by the new ballot vacancy rules which require that any office whose candidate must file a declaration of candidacy with the Election Division must have the ballot vacancy filled within thirty five (35) days after the primary, however, the rest of the ballot vacancies must be filled by August 1, 2000. Ms. Robertson stated the Commission's deadline for determining candidate challenges before the general election is 60 days before the election.

The chair recognized Ms. Marendt who indicated that such an important change may surprise people who rely on the Indiana Code and that she assumed that any such rule would be governed by standard rule-making procedure which would require publication, distribution and an opportunity for public comment.

The chair then recognized Ms. Robertson who stated that the Commission would have a couple of options to pursue in rule-making: 1) the formal administrative rule-making procedure which takes a few months and requires publication in the Indiana Register and an opportunity for public comment, and 2) an advisory opinion which is forwarded to the County Clerks and interested parties. She stated this latter procedure is less formal.

Mr. Long requested some direction from staff at the next Commission meeting on which alternative the Commission should consider.

The chair then recognized Mr. Valentine who stated that the advisory opinion could not only state the policy of the Commission but also express the Commission's desire that the legislature consider enacting a statute consistent with the Commission's advisory opinion.

The chair then recognized Ms. Robertson who indicated that, before the Commission goes on to other business, an additional letter relevant to the campaign finance cases needs to be submitted on the record. The Commission consented and said letter was made a part of the record and is incorporated by reference into these minutes.

7. ADJOURNMENT

The chair asked if there was any further business. There being no response, the chair moved, seconded by Mr. Perkins, that the Commission adjourn. There being no further discussion, the chair called the question, and declared that with four members voting "aye" (Mr. Cruea, Mr. Long, Mr. Terrell and Mr. Perkins), and no member voting "nay", the motion was adopted. The Commission then adjourned at 11:35 a.m.

Respectfully submitted,

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Candy Marendt
Co-Director

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Spencer Valentine
Co-Director

APPROVED,


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Dudley R. Cruea, Chair