The Marshall County Election Board made a decision 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.
In a previous meeting, Attorney Alex C. Bowman from the Krieg Devault Law Office appeared on behalf of the Victory Committee 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.
After closer examination of the statute by the board, the members ultimately decided that a violation occurred in that an authorization of the opposing candidate should have been included in the disclaimer in the social media ad. As a result, they voted to fine the Victory Committee $250, which Bowman said would be paid within the stated requirement of 10 days and the committee would willingly oblige.
