Wabash County Election Board Deals With Absentee Application Forms

WABASH COUNTY – On Tuesday, Oct 1, 2018 the Wabash County Board met to test the voting equipment prior to the upcoming election and conduct their regular meeting.

During the meeting there was much discussion regarding the Indiana Democrat Party’s mass mailing to voters across the state of an absentee ballot application.  Clerk Martin advised the Board that Secretary of State Connie Lawson had originally instructed Clerks in an email dated 9/26/18 that those applications were invalid due to the removal of the instruction box on the form, and that Clerks were to contact the voter and request a valid application immediately.  My office followed that guidance.

Clerk Martin further advised the Election Board that on 9/27/18 the Co-Directors of the Indiana Election Division, Brad King and Angela Nussmeyer, issued an Order authorizing the use of those forms, said order becoming effective retroactively to 9/1/18.  Order No 2018-45.

On 9/28/18 the County Clerks across the state received a second email from Secretary of State Connie Lawson.  A portion of that email reads as follows:

Yesterday, my office was contacted by an attorney for the Indiana Democratic Party. She informed us that the defective absentee ballot applications with missing instructions were part of the Indiana Democratic Party’s mass mailing of absentee ballot applications for the general election. This brought to our attention the widespread impact of these defective applications.

To ensure no voters are disenfranchised, I asked the co-directors of the Indiana Election Division to make an exception for the Indiana Democratic Party’s defective forms. They have complied with my request and effective immediately, these forms are retroactively approved as of September 1, 2018 through the November 2018 General Election.

While this is not our standard practice, it is imperative that every Hoosier voter be allowed to vote in the manner they choose, and we have taken these steps to ensure no voter is disenfranchised.

In response to the most recent email from SOS Connie Lawson the Wabash County Clerk’s office has been accepting from voters the original application, without requesting a new form be signed.

During the Wabash County Election Board meeting on 10/2/18 it was the unanimous decision of the Board to require a newly signed absentee application from any voter who had previously requested one in response to the Indiana Democrat Party’s mass mailing.  The thought process for this Board was that the Indiana Democrat Party should not have sent absentee ballot applications after altering the form;  Wabash County has several races that could potentially be close, including a public question in the form of school referendum for Manchester Community Schools; and the Board was concerned about any potential challenge regarding ballots issued in response to the applications that had been altered.

That decision by the Wabash County Election Board immediately came to the attention of the Indiana Democrat Party who made immediate contact with the Indiana Election Division Co-Directors.

On 10/3/18 Wabash County Clerk Elaine Martin was contacted by phone from Brad King, the Republican Co-Director of the IED.  Mr. King was inquiring about our CEB meeting and wanted to hear and have a full understanding of what our discussions entailed during the meeting in respect to those absentee applications that were sent out by the Indiana Democrat Party.  Mr. King was thoughtful, insightful,informative and empathetic to our Board’s concerns regarding the possible implication on our local races and local school referendum if we were to have a recount or challenges made in respect to any ballots issued from the absentee applications that were previously determined to be invalid by the Secretary of State.

Clerk Martin did assure Mr. King that Wabash County hadnot rejected any absentee applications.

That same day Clerk Martin received communication via email from Brad King summarizing the conversation and indicating “I certainly appreciate the balanced approach you took at the county election board meeting in not rejecting the absentee ballot applications described in Order 2018-45, but instead sending the voter a previously approved and valid state application. However, since state law does not permit the board to do other than follow the directives set forth in state law and to comply with Order 2018-45.  Therefore, the Board must approve the absentee applications referenced in that Order and provide an absentee ballot to the applicant, if there are no other reasons not to do so.”

The Wabash County Election Board does not feel it necessary to conduct another meeting on this issue and based on the communication from Co-Director Brad King the Wabash County Clerk’s office will issue ballots to voters in response to their absentee applications regardless of which form was used.

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