INDIANAPOLIS — A Marion County judge on Monday ruled secretary of state candidate Greg Ballard does not have standing to try to force the Indiana Election Commission to meet.
Ballard, who is running under the Lincoln Party label, filed the lawsuit earlier this month to try to force the commission to meet to consider campaign finance complaints against the campaigns of Republican Max Engling and Democrat Beau Bayh. Ballard said at the time he had no opinion on the complaints themselves but the commission’s decision not to meet in September, as it had in each of the previous five years, appeared political. The commission did not have any meetings scheduled when Ballard filed his lawsuit but has since posted notice of a meeting on Nov. 20, after Election Day.
Judge Jennifer Prinz Harrison wrote Ballard did not provide evidence demonstrating how he would be harmed by the commission deciding not to meet, nor did he demonstrate a reasonable likelihood of success at trial.
“Where no injury exists, or where a favorable ruling would not redress the claimed injury, a plaintiff is not the proper person to invoke a court’s authority,” Harrison wrote, adding Ballard’s status as an active candidate is not enough to demonstrate potential harm from the commission not meeting.
Ballard issued the following statement:
“Might makes right. The laws are intended to protect those in power. Not so long ago, the Election Commission acted in a more ethical, nonpartisan manner. However, the law does not protect voters from blatant political maneuvering if the commission decides to act to protect political parties over people. We are exploring our legal options to compel the commission to perform its statutory duty to meet. We are not alone. Both the Republican and Democratic candidates have said publicly that the commission should meet before Election Day on these issues,” said Ballard.
Democratic candidate for secretary of state Beau Bayh also released a statement.
“It’s disappointing that the Election Commission won’t meet before the election to hear the complaint that Max Engling accepted an illegal $60k contribution from a dark money group. I support legislation requiring the commission to rule on complaints in a timely manner and before Hoosiers go to the polls,” said Bayh.
A full copy of the order can be seen below.
