The Marshall County Election Board held a hearing Wednesday morning concerning a complaint filed by Republican District 7 State Representative candidate Jake Teshka about a Political Action Committee registered in the St. Joseph County Clerk’s Office as Victory Committee.
According to the complaint filed in the Marshall County Clerk’s office, the PAC called Victory Committee began running social media ads on September 26 “aimed at influencing the State Legislative race in House District 7 which includes precincts in North Township in Marshall County.” Teshka’s complaint went on to say that the ad pushed voters to vote for his opponent, Democrat Ross Deal. The disclaimer on the ad read “paid for by St. Joe County Victory Committee” and did not indicate whether or not the ad was authorized by the candidate or candidate’s committee, as required by Indiana code 3-9-3-2.5(h), according to the complaint. Teshka also claimed that a PAC specifically called St. Joe County Victory Committee is not registered with the Indiana Election Division or the clerk of the St. Joseph County Circuit Court.
Attorney Alex C. Bowman from the Krieg Devault Law Office appeared on behalf of the Victory Committee. He disputed the jurisdiction of the complaint, and on that note thought the complaint should be dismissed. The election board eventually agreed that the jurisdiction does involve Marshall County since District 7 does include North Township.
Bowman also noted that the Victory Committee filed proper paperwork with the clerk in St. Joseph County. He also pointed to state statute that “if the communication is a solicitation directed to the general public on behalf of a political committee that is not a candidate’s committee the solicitation must clearly state the full name of the person who paid for the communication”.
He believes that the ad is directed to the general public and not to a particular person, and that the statute is satisfied as the disclaimer does not need to have the exact name of the committee as filed.
Teshka disagreed with Bowman’s argument.
The Marshall County Election Board members discussed the candidate authorization and a clear understanding of who paid for and who authorized the communication. After a lengthy discussion on the interpretation of state statute, the board members unanimously agreed to table the issue as there are several subsections of state statute that need clarification by the Indiana Election Division concerning the matters of the complaint before making a clear decision. The matter will continue during the board’s next meeting on Wednesday, November 2 at 8 a.m. ET in the Marshall County Clerk’s Office.
