NOTICE OF TORT CLAIM

TO:
Marion County Election Board
200 E. Washington Street, W-144
Indianapolis, IN 46204

AND TO:
Attorney General of Indiana
Indiana Government Center South, 5th Floor
302 W. Washington Street
Indianapolis, IN 46204

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1. CLAIMANT INFORMATION

• Full Legal Name: Robbin Stewart
• Current Mailing Address: P.O. Box 29164, Indianapolis, IN 46229
• Email Address: gtbear@gmail.com
• Voter Registration Status: Registered to vote in Marion County, Indiana.
• Candidate Status: Active candidate for the Office of Marion County Clerk.

2. DATE, TIME, AND PLACE OF THE INCIDENT

• Date of Incident: Election Day, Tuesday, May 5, 2026
• Time of Incident: Circa 2:00 PM
• Location: RecycleForce, 700 N. Sherman Drive, Indianapolis, IN

3. STATEMENT OF FACTS CAUSING THE CLAIM

On Election Day at approximately 2:00 PM, Claimant Robbin Stewart—a duly registered voter in Marion County and an active candidate running for the public office of Marion County Clerk—attended the polling location at RecycleForce to vote. Upon presenting to vote, precinct officials Jane Doe and John Doe informed Claimant: "No ID, no vote."

Claimant directly asked the officials: "So I can't vote? Should I leave?"

The precinct officials failed to provide Claimant with the legally mandated option to cast a provisional ballot, allowing Claimant to leave the premises without voting. This specific exchange made the denial final. The tort was complete at that exact moment. Any events, options, or actions that occurred after this final interaction do not change, cure, or affect the finality of this constitutional injury.

The political status of the Claimant as an active candidate for County Clerk significantly elevates the impact of this injury. The County Clerk serves as the mandatory Secretary of the Election Board itself. By blocking a candidate for that specific administrative office from casting a ballot, the Board's agents directly disrupted a candidate's own political franchise, campaign participation, and ballot access monitoring.

This final denial is part of a decades-long, county-wide custom and practice by the Marion County Election Board. This unwritten custom has been continuously fought and documented by Claimant in federal and state courts, including Claimant's 2008 voter ID litigation against Clerk Beth White (Robbin Stewart v. Marion County, et al., No. 1:08-CV-586) and the Stewart v. Proffitt litigation.

The persistence of this identical "no ID, no vote" violation—which Claimant also personally experienced at this exact RecycleForce site two years ago, across the street in 2016, and during empirical testing revealing a 50% failure rate across five separate 2026 early voting centers—proves a systemic, deliberate failure to train precinct workers on mandatory federal HAVA safeguards from 2008 to the present day.

4. LEGAL BASIS AND CONSTITUTIONAL VIOLATIONS

The acts and omissions of the precinct officials acting under the authority of the Marion County Election Board constitute an instantaneous deprivation of rights under color of law, specifically:

1. Violation of the Indiana Constitution, Article 2, Section 1, destroying the guarantee of a free and equal election.
2. Violation of the Indiana Constitution, Article 2, Section 2, by directly infringing upon and denying Claimant's absolute, constitutional right to vote as a registered citizen meeting all voter qualifications.
3. Violation of the Indiana Constitution, Article 1, Section 1, by subverting the core purpose of a free government instituted for the citizen's well-being and exercise of inherent rights.
4. Violation of the Indiana Constitution, Article 1, Section 9, by placing an unconstitutional material burden on Claimant's core political expression and inquiry at the polling place.
5. Violation of the Indiana Constitution, Article 1, Section 12, by denying Claimant a remedy by due course of law and failing to administer election procedures completely and without denial.
6. Violation of the Indiana Constitution, Article 1, Section 31, by directly obstructing the right of the citizen to assemble in a peaceable manner, to consult for their common good, and to petition the government for a redress of grievances, specifically targeting a candidate's right to petition the electorate via the ballot.
7. Violation of the Help America Vote Act (HAVA) regarding the mandatory availability of provisional ballots.
8. Deprivation of Civil Rights Civilly Actionable via 42 U.S.C. § 1983, applying the doctrine of injuria sine damno as established in Ashby v. White (1703).

5. IDENTITY OF RESPONSIBLE GOVERNMENT EMPLOYEES

Precinct election officials Jane Doe and John Doe, the precinct election supervisor on duty at RecycleForce on May 5, 2026, at approximately 2:00 PM, and the administration of the Marion County Election Board responsible for poll worker training.

6. STATEMENT OF DAMAGES AND FINANCIAL DEMAND

As a direct result of the completed unlawful denial of the right to vote and the failure to provide an immediate provisional ballot option, Claimant suffered an immediate deprivation of civil rights, emotional distress, and a permanent constitutional injury. Claimant also asserts state-layer nominal damage claims under the Indiana Constitution.

• Total Amount of Financial Demand: $17,000.00

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SIGNATURE OF CLAIMANT

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Robbin Stewart

Date: May 15, 2026

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