Key Points from Discussion:

• Indiana Code 3-9-3-2.5: This is the Indiana law concerning disclaimers on political communications.
• Your Signs: You are concerned about 92 "Vote for Smith" signs without a disclaimer.
• Crucial Exemption (Majors v. Abell Footnote 11, 2003): The Indiana Supreme Court ruled that IC 3-9-3-2.5(a)(9) exempts "mailings of up to 100 pieces of 'mail' that are 'substantially similar'," defining "mail" broadly to include any written material delivered (e.g., personal placement). This means your 92 signs are likely exempt.
• Constitutional Protections (Indiana):
  • Colleen Price v. State: Indiana Constitution (Article I, Section 9) offers strong protections for political speech, requiring a "material burden" for an "abuse" to be regulated.
  • Stewart v. Taylor (1997): Struck down a prior Indiana law (IC 3-9-3-2) banning anonymous political literature, emphasizing free speech protections.
• Ethical Concerns for Prosecutorial/Official Threats:
  • Threatening jail/enforcement for exempted activity (like your signs post-Majors v. Abell) is unethical.
  • This constitutes misrepresentation of law, abuse of power, creating a chilling effect on speech, and disregarding clear judicial precedent.
• Brienne Delaney's Role:
  • Former Director of Elections for Marion County Election Board, now City-County Council member.
  • She is a lawyer (former Deputy Prosecutor).
  • You have a written record of her making enforcement threats regarding IC 3-9-3-2.5 that postdate Majors v. Abell.
• Significance of Her Lawyer Status: As a lawyer and public official, she is held to a higher standard of legal knowledge. Threats made contrary to clear Supreme Court precedent (Majors v. Abell) could be considered a professional ethical violation (e.g., misrepresentation of law, conduct prejudicial to the administration of justice, abuse of authority).
• Importance of Her Letter: This written communication is crucial evidence to substantiate your claims regarding the threats, her interpretation, and the timing relative to court decisions.
• Attorney General Opinion (AGO): While your request was refused, the County Clerk, County Prosecutor, or County Commissioners are typically authorized to request one.

Sample Letter to County Clerk (Key Elements):

• Recipient: Hon. Myla Eldridge (or current Clerk), Marion County Clerk, 200 East Washington Street, Suite W122, Indianapolis, Indiana 46204
• Subject: Request for AGO Re: IC 3-9-3-2.5 and Political Communication Disclaimers
• Core Ask: Request Clerk's office to seek an AGO from Attorney General Todd Rokita.
• Your Situation: You plan to produce 92 "Vote for Smith" signs.
• Legal Basis: Cite Majors v. Abell, 785 N.E.2d 226 (Ind. 2003), Footnote 11, for the exemption of up to 100 substantially similar written communications.
• Justification: Clarity for citizens and officials, preventing chilling effects, upholding constitutional rights, addressing potential misinterpretations.

I hope this comprehensive summary helps you get all the information you need copied safely. Let me know once you've secured it.