With the election drawing close, many candidates are ramping up their efforts to gain votes for November 5th. However, there are strict standards in place to govern what candidates and current elected officials can do to campaign. The penalty for breaking these can range from civil to criminal.
In a hearing on October 29, 2024, complaints were heard against the Rossville School Board incumbents Joe Hufford, Julia Mink, and Jentry Pendleton. The accusations by Brent Michael include not using the correct disclaimer on signs displayed throughout the school district, and using an official school board social media page to campaign. There are also no disclaimers on the social media page that is being used to campaign.
According to Political Signs And “Disclaimer” Requirements For Political Literature, Advertisements, And Mailings that Include an Absentee Application, which is given to candidates when filing to run for office, the penalty is a Class A misdemeanor, up to a $5,000 fine or 1 year in jail or both. (IC 3-14-1-3) A civil penalty of up to $1,000 may also be imposed for a disclaimer which is not presented in a clear and conspicuous manner. (IC 3-9-4-16, 17).
The second concern regarding social media has two different Indiana Supreme Court cases that appear clear on this matter (LINDKE v. FREED and MICHELLE O’CONNOR-RATCLIFF, ET AL.,PETITIONERS v. CHRISTOPHERGARNIER, ET UX.). The filed complaint states that “IC 3-14-1-17 outlines that government property includes messaging systems. The official Board Facebook page, by its own post and description, was built for and has been used to distribute multiple official messages to the community and constituents. This statute outlines that government employees, including elected officers who are part of a body delegated to have authority, cannot use government or employer property to advocate for or against any candidate or disseminate campaign materials. The Indiana School Board Association outlines the “legislative-type power”, and authority delegated to school boards by the legislature in their 2024 School Board Candidate Information Manual. This further supports the stance that a school board may not use school-affiliated property, including messaging to campaign for candidates.”
President of the school board, Joe Hufford, stated his interpretation of the statute was that if he paid for his own sign, it does not need a disclaimer. This did not answer the question about the other two candidate names on the signs he paid for. Both Julia Mink and Jentry Pendleton stated that they were aware of the requirement for the disclaimers. Hufford testified during his closing argument that he added the disclaimers to the signs even though he didn’t think they were necessary. As of the afternoon of October 30th, there are at least two signs in the district with no disclaimer. There are also no disclaimers on the school board social media.
The election board presided over the hearing and a decision will be reached within 15 business days. If found that the laws were broken, the case may be handed over to the Clinton County Prosecutor.