Provisional ballots decided, no change in outcomes, Bloomington primary elections finally over

Monroe County election board members David Henry (Democratic Party appointee) and Nicole Browne (Monroe County clerk) review provisional ballots. Seated at right is the new county election supervisor, Jessica Brown. (May 12, 2023)

The tallies for the May 2 primary elections are now final, after Monroe County’s election board voted on Friday to accept the votes from three additional, provisional ballots.

No outcomes were even close to being changed from the initial results—because there were a total of just 13 provisional ballots.

Provisional ballots are set aside, for various reasons—like a failure to show adequate ID, lack of voter registration, or trying to vote in the wrong polling location. Setting ballots aside means they’re not a part of the initial election vote totals, but could be added after their eventual adjudication by the election board.

Provisional ballots are adjudicated 10 days after the election. On Friday, 10 provisional ballots were rejected by the Monroe County election board.

Continue reading “Provisional ballots decided, no change in outcomes, Bloomington primary elections finally over”

Focus on felonies: Election board revises list of laws for hearing on Bloomington Dem’s residency

At its meeting last week, Monroe County’s election board voted to set a hearing for May 18 on the matter of Democrat David Wolfe Bender’s residency, as a Bloomington city council candidate for District 6.

This week on Friday, the board revised the list of specific Indiana state election laws that it wants to cite for its determination “that there is substantial reason to believe an election law violation has occurred.”

A list of four statutes that the board had previously cited was revised to two different laws that are the basis of the board’s determination:

IC 3-14-1-13 Filing fraudulent reports

IC 3-14-3-1.1  Procuring or submission of false, fictitious, or fraudulent registration application; procuring, casting, or tabulating false, fictitious, or fraudulent ballot

Both are Level 6 felonies.

The board’s investigation into Bender’s residency, is based on a complaint that was made by William Ellis, who is vice chair of the Monroe County Republican Party.

Ellis’s complaint was based on an Indiana Daily Student (IDS) article published on Feb. 17, 2023. The headline to the IDS piece describes the basic idea of the complaint: City Council candidate David Wolfe Bender is running in District 6, residents say he doesn’t live there.

Bender has indicated to the board through his legal counsel that he intends to withdraw as the Democratic Party’s nominee after the primary election. He’s the only candidate on the ballot, so there’s no question he will be the nominee. Continue reading “Focus on felonies: Election board revises list of laws for hearing on Bloomington Dem’s residency”

District 6 Bloomington Democrat’s residency: Election board sets May 18 hearing, no subpoenas

A hearing on the matter of Democrat David Wolfe Bender’s residency, as a Bloomington city council candidate for District 6, has now been set by Monroe County’s election board for May 18.

The three-member board set the date on a unanimous vote taken at its Thursday meeting.

The date falls roughly two weeks after the May 2 primary election, which will undoubtedly make Bender the District 6 city council nominee for the Democratic Party. He’s the only candidate on the ballot.

But Bender previously conveyed through his attorney, an intent to withdraw as the District 6 nominee: “David [Wolfe Bender] has decided to withdraw his candidacy for Bloomington Common Council District 6.”

Bender’s name will appear on the primary ballot, because the questions about his residency, which were raised by an Indiana Daily Student article published on Feb. 17, 2023, did not come to light until after the Feb. 10 deadline for challenges to be made.

Assuming Bender does withdraw as the nominee after the primary, the Democratic Party could place an alternate candidate on the November 8 city election ballot.

After the May 18 hearing, the board could refer the matter to the county prosecutor, who could then decide whether to bring charges. Continue reading “District 6 Bloomington Democrat’s residency: Election board sets May 18 hearing, no subpoenas”

A decision to withdraw: Democratic Party city council candidate under investigation over residency

“David [Wolfe Bender] has decided to withdraw his candidacy for Bloomington Common Council District 6.”

That’s the opening line of a letter received by Monroe County’s election board from Bender’s attorney, Manny Herceg, with the Taft-Jaffe law firm.

An Indiana University student, Bender is the sole Democrat for District 6 who appears on the May 2 primary election ballot. District 6 is centered around the university campus and downtown—its entire area is north of 3rd Street.

The letter was read aloud by Monroe County clerk Nicole Browne at Thursday afternoon’s meeting of the three-member election board.

The board’s meeting this Thursday was a continuation of its meeting last week, when the board started an investigation into whether Bender’s candidacy broke any election laws.

The investigation was based on a complaint made by vice chair of the Republican Party, William Ellis, which in turn was based on an Indiana Daily Student article published on Feb. 17, 2023.

The headline to the IDS piece describes the basic idea of the complaint: City Council candidate David Wolfe Bender is running in District 6, residents say he doesn’t live there.

The election board did not decide much on Thursday, but did make some incremental progress, and agreed to resume meeting on the topic in two weeks, on March 23. Continue reading “A decision to withdraw: Democratic Party city council candidate under investigation over residency”

Residency of District 6 Bloomington city council candidate to be investigated by election board

The first step of a formal investigation into the residency status of Bloomington city council candidate David Wolfe Bender has now been taken.

At its regular meeting on Thursday, the three-member Monroe County election board voted unanimously on a motion that concluded that there is enough reason to believe that an election law has been violated, to set a hearing “at the earliest possible time” after witnesses have been notified they have to appear.

The board was acting Thursday on a complaint brought by Monroe County Republican Party vice chair William Ellis, which was based on an Indiana Daily Student article published on Feb. 17, 2023.

The headline to the IDS piece describes the basic idea of the complaint: City Council candidate David Wolfe Bender is running in District 6, residents say he doesn’t live there.

As a practical matter, the Feb. 10 deadline for withdrawing from the primary has passed. That’s also the deadline for someone to challenge a candidate’s residency claim.

So Bender will appear on the ballot as the sole candidate for the Democratic Party’s nomination for District 6 city council, which means he will win the primary election. Continue reading “Residency of District 6 Bloomington city council candidate to be investigated by election board”

Election 2023 notebook: Polling locations set, ballot inspection on Feb. 15, registration deadline April 3

In a Thursday afternoon meeting that lasted about six and a half minutes, Monroe County’s three-member election board dispatched all the resolutions related to setting polling locations for the May 2 primary elections.

There will be 17 polling locations for Bloomington’s city elections and one for Ellettsville. The board voted not to hold elections in Stinesville, because there are no contested races.

Monroe County commissioners still need to sign off on the poll locations. Continue reading “Election 2023 notebook: Polling locations set, ballot inspection on Feb. 15, registration deadline April 3”

Election board roundup: Monroe county election supervisor resigns; board adopts stricter fine policy

At Monroe County’s election board meeting last Thursday, election supervisor Karen Wheeler announced she had resigned her position.

“Today will be my last election board meeting, since tomorrow is my last day as Monroe County election supervisor,” Wheeler said.

Wheeler read aloud some prepared remarks recounting her time serving as election supervisor, which included eight elections.

Chair of the three-member election board, Donovan Garletts, told Wheeler after her remarks, “I can probably say this on behalf of the current and past board members: Thank you for your service. And wish you the best.”

Wheeler had wrapped up her remarks by saying, “And I am hopeful that my next step will be to continue as a Monroe County employee.”

Immediately after the meeting, responding to a question from The B Square, Monroe County clerk Nicole Browne said that for Wheeler’s replacement, she did not yet have a name that she was able to share.

Later on Thursday, responding to a question from the B Square, Wheeler elaborated on her concluding statement at the meeting, by saying that her departure was voluntary, but only in the sense that she had resigned the position.

Wheeler added that she’d been given a choice by Browne—either resign or be “let go.”

Continue reading “Election board roundup: Monroe county election supervisor resigns; board adopts stricter fine policy”

Deadlines for campaign finance reports in 2023 could get stricter enforcement in Monroe County

In the state of Indiana, a candidate who files their campaign finance paperwork three weeks late could owe a fine of up to $1,000.

But it’s almost never the case that late filers in Monroe County have to pay a fine at all.

That’s because Indiana’s state election law allows a county election board to waive or reduce the fine that a candidate has to pay.

And that’s the approach that Monroe County’s election board has taken in the past. The board has imposed a fine only on the third offense, and even then, not the full amount.

For this year’s Nov. 8 election the deadline to file the CFA-4 was by noon on Oct. 21.

Eleven candidates in Monroe County missed the deadline—and of those, five still have not submitted the form, according to Monroe County election officials.

Even if the late filings this time around will be handled with the same “generous” approach as before, that could change for 2023, when the municipal elections are scheduled.

The topic got some discussion at the Monroe County election board’s regular meeting on Thursday.

As election board member Donovan Garletts put it: “Perhaps for January’s meeting, we need to talk about our generosity and reevaluate that.” Continue reading “Deadlines for campaign finance reports in 2023 could get stricter enforcement in Monroe County”

Election board: Former NAPA building to be used for early, in-person voting in Monroe County

In 2022, Monroe County’s in-person early voting will take place at the former NAPA building on the southwest corner of 3rd and Walnut streets in downtown Bloomington. That’s for the the primary and general elections alike.

There’s still a chance that some early in-person ballots could also be cast at Election Central, in the old Johnson Hardware building at 7th and Madison streets. But that will depend on recruitment of enough election workers to staff both locations.

The use of the NAPA building as an in-person early voting location was approved by a unanimous vote of the county’s three-person election board at its Thursday session.

For the final two weeks of the four-week early voting period, Election Central could be added as an in-person location, but only if an adequate number of election workers can be recruited.

Monroe County election supervisor Karen Wheeler called on potential poll workers to step up. Some past workers are now in their upper 80s or over 90 years old, she said. In the time of the COVID-19 pandemic, Wheeler does not feel comfortable asking them to work this year.

For basic background on pay and election worker requirements, the county election division has set up a webpage: web page for poll workers. The contact phone number for potential election workers is 812-349-2690. Email messages can be sent to election [at] co.monroe.in.us Continue reading “Election board: Former NAPA building to be used for early, in-person voting in Monroe County”

County clerk to pitch more space for elections division, election board welcomes Rana as new Dem appointee

At Thursday’s regular meeting of Monroe County’s election board, one of the highlights was a briefing from county clerk Nicole Browne on an upcoming conversation she’s requested with Monroe County’s three county commissioners.

The idea that Browne will be pitching to commissioners at next week’s Aug. 11 work session is one with a history stretching back over a half decade—more room for the elections division.

The elections division currently shares space with the probation department in the old Johnson Hardware building at Madison and 7th streets.

Based on the history of the topic, commissioners won’t be eager to allocate more space to the election division. They approved the funds for a renovation to the building in early 2020 that was, in part, supposed to relieve some of the need for additional space.

Joining her first meeting of the three-member election board on Thursday was Shruti Rana, who was picked to succeed Carolyn VandeWiel as the Democratic Party appointee. The board consists of a Democrat, a Republican (Hal Turner), and the current county clerk.

Continue reading “County clerk to pitch more space for elections division, election board welcomes Rana as new Dem appointee”