Marshall County Election Board Holds Candidate Challenge Hearing

The Marshall County Election Board held a candidate challenge hearing Wednesday, February 28.

Jesse Bohannon challenged the filing of David R. Holmes as a Precinct Committeeman in German 4 as a Republican candidate. Bohannon challenged the timely filing of Holmes’ Declaration of Candidacy in the Marshall County Clerk’s Office.

According to an Affidavit provided to the board by Clerk Jenny Bennitt, the deadline for filing candidacy for the May 2024 primary was Friday, February 9 at noon ET. Voter Registration Deputy Mindy Keilman discovered on Monday, February 12 that she had not opened mail the morning of February 9. Upon opening the mail February 12, she found a candidate filing from Holmes for German 4 Precinct Committeeman.

A modified report was made in the election system and an updated list was sent to the media.

Bennitt claimed that the filing was received before the deadline as another staff member in the office placed the letter on Keilman’s desk and she did not open it until Monday. She further stated that officials suggested, during a phone conversation, that since the candidacy had been added to the election system that Holmes’ name and the change were released to the media “…state officials felt that it was the correct and transparent thing to do for Holmes’ candidacy to remain”. The election official advised that Keilman complete an affidavit to verify the details as to Holmes’ addition to the election system.

A series of emails provided to MAX 98.3 FM between the Clerk’s Office and the Indiana Election Division suggest that the filing should not be allowed, but a phone call conversation was scheduled between the clerk and Indiana Election Division officials to discuss the situation which allowed the filing per Bennitt’s affidavit.

The Indiana Election Division has not responded to MAX 98.3 FM News with clarifications on this matter as of Friday, March 1.

The board went on to a determination of standing where Indiana Code 3-8-8-3 states, “An individual who challenges the qualification of a candidate for election to an office must be a registered voter of the election district the candidate seeks to represent.”

The challenger, Jesse Bohannon, agreed that he may not have standing in his challenge as he is not a resident of German Township 4, but the election board has the discretion on whether or not to move forward with a hearing to consider the validity of the declaration of a candidacy and he asked for that to occur.

Clevenger stated that the election board would have the decision to continue with a hearing.

Holmes was not present at the meeting.

Bryan Howard, a proxy for election board member Jenny Bennitt, said that candidate challenge form with the way it was filed with the challenger not being from the precinct being challenged makes it invalid. Jon VanVactor, a proxy for election board member Adam Lukenbill, said based on code the challenge would be null and void. Board member Susie Keighbaum agreed. A motion was made to dismiss the challenge based on that information and it was approved unanimously.

There was no further action by the board on any other matter.