draft only did not send. because i was wrong. 2nd version shortly.
To Brad Boswell@FaegreDrinker.com
Outside counsel to Marion County Election Board
From Robbin Stewart
Candidate for Marion County Clerk.
We met this morning from 9 to 10 am.
I stated that the board lacked jurisdiction to fine me under the Indiana Campaign Finance Act. You advised them, incorrectly, that they did have jurisdiction. We spoke. You gave me your card and cited
3 5 2.1 14 (b)(3) as your authority. I think you mean this statute. Google might not have the text right.
(1) has taken the action necessary under the laws of this state to qualify for a spot on the ballot;
(2) has publicly announced or declared candidacy for an elected office;
(3) is otherwise seeking nomination or election to an elected office; or
(4) is a write-in candidate under IC 3-8-2-2.5.
(1) is an officeholder who is required to file a statement of organization under IC 3-9-1; or
(2) has:
(A) received more than one hundred dollars ($100) in contributions; or
(B) made more than one hundred dollars ($100) in expenditures;
for the individual's candidacy.
If that's the statute, I am within the safe harbor of not having raised or spent $100, and not being an officeholder.
So under the current statute, the board lacks jurisdiction against me. However, I ran in 2024, and had concluded all activity by the effective date of thee new statute, and under the old statute I am within the safe harbor. Third, there would be severe constitutional issues with a first dollar rule which is what I think you were claiming.
When you advised the Board they could proceed, this brings up a duty of competence. For Kat Ping, a lawyer, to proceed against me ultra vires to chill my article 2 section 1 free speech rights, based on your mistaken advice, could be an ethics problem for the both of you.
Maybe I'm wrong. I'm from Missouri. Show me.
Please review the correspondence on this issue; it's not like I sprung it on you this morning. This is what I have been saying.
When we spoke, I was not able to read the fine print on your phone, so I'm not sure what you were quoting. Happy to meet for coffee to discuss, or emails are fine as well.
==
2nd try.
To Brad Boswell@FaegreDrinker.com
Outside counsel to Marion County Election Board
From Robbin Stewart
Candidate for Marion County Clerk.
We met this morning from 9 to 10 am.
You advised me and the board that the statute has changed.
On a closer look, I think you are correct. The word "also" changes the provision from a safe harbor to an additional regulation. Indiana is now attempting zero dollar regulation, which is constitutionally problematic. Someone will clean your clock on this point, but I don't want it to be me.
I will focus instead on the timing. The new statute took effect I think July 1 2025. I ran for township board in 2024 (also in 1996, see Stewart v Taylor.) I spent about $6 during October 24, making some prototype signs that said "Robbin Stewart for Township Board Vote Tuesday" (as in 1996, see Stewart v Taylor. ) After letters from the board threatening prosecution if I made more signs, I stopped.
There was nothing to report in 2025. I did not formally disband, and today was the first I heard about the change in the statute.
Under the statute in effect during my campaign, I was within the safe harbor. There have not been even de minimus expenditures after the effective date of the problematic new statute.
Perhaps we could agree that it might be unwise to proceed? I am open to discussion.
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