NOBLESVILLE—A complaint was filed this afternoon against Greg Purvis (candidate for Fishers Town Council), and Joe Weingarten (candidate for Fishers Clerk-Tresurer) with the Hamilton County Elections Board asking for an investigation into a flyer that was distributed in Fishers advertising an upcoming event for both candidates. The complaint alleges the flyer did not include a clear and conspicuous disclaimer as required by Indiana Law.
For more information will be published as available. The text of the complaint is shown below:
To the Hamilton County Elections Board:
I would like to file an official complaint against candidates Greg Purvis and Joe Weingarten for violations of Indiana Code 3-9-3-2.5. A flyer advertising a “Town Hall Meeting” for these candidates was distributed in newspaper boxes to residents of Fishers, Indiana on Friday, October 7, 2011 that does not include a clear & conspicuous disclaimer. A copy of the flyer is attached.
IC 3-9-3-2.5 (b) states that a disclaimer is required whenever a person makes an expenditure for the purpose of financing communications expressly advocating the election or defeat of a clearly identified candidate.
IC 3-9-3-2.5 (d) states that a communication must contain a disclaimer that appears and is presented in a clear and conspicuous manner to give the reader or observer adequate notice of the identity of persons who paid for and, when required, who authorized the communication. A disclaimer does not comply with this section if the disclaimer is difficult to read or if the placement of the disclaimer is easily overlooked.
IC 3-9-3-2.5 (e) states that in addition to meeting the requirements of subsection (d), a disclaimer that appears on a printed communication described in subsection (b) must comply with the following: 1. The disclaimer must be of sufficient type size to be clearly readable by the recipient of the communication. A disclaimer in 12 point type size satisfies the size requirements of this subdivision when the disclaimer is used for a yard sign, a poster, a flyer, a newspaper, a magazine, or a direct mailing.
IC 3-14-1-3 states that an individual an organization, or a committee that circulates or publishes material in an election without the statement required under IC 3-9-3-2.5 commits a Class A misdemeanor.
The attached flyer appears to not meet the requirements of IC-3-9-3-2.5 subsections (b), (d), or (e). I ask that the Hamilton County Elections Board investigate these allegations at the earliest convenient time.