I have called for the removal of Ms. Kathy Richardson as the Election Administrator of Hamilton County Indiana. How would you like to run against someone who controls the election? While she might be the most honest person in the county, it is just wrong and if she is honest and upright she should choose between being an Election Administrator or a State Representative but she should not be both. It is just wrong.
Joe Weingarten for District 29 Indiana State Legislature
For Immediate Release
4/28/2010
Call for removal of Kathy Richardson as Hamilton County Election Administrator
Democrat Joe Weingarten, candidate for the 29th District State Representative, has called for the immediate removal of Ms. Kathy Richardson as the Hamilton County Election Administrator. He stated, “Only in third world countries and Hamilton County does someone run their own election.” Ms. Richardson is a candidate for 29th District State Representative in this election and her name appears on the May Ballot.
He is also requesting an investigation of electioneering by Ms. Richardson as she is within the poling place for absentee ballots and this may be in violation of Indiana Code 3-14-3-16. Also Ms. Richardson is involved in the counting of ballots and this may also be in violation of Indiana Code 3-14-2-23.
Mr. Weingarten has also requested that the Indiana Attorney General be requested to rule on the Ms. Richardson holding two offices in different branches of government at the same time. As a Representative she is an elected official, in the Legislative branch, as the Election Administrator she is within the judicial branch. She is on the Election and Apportionment; Legislative Council Committee in the Indiana House and thus is engaged in writing laws that direct her job function. This may be prohibited under the Indiana Constitution as a Dual Office Holding.
In the past Ms. Richardson has been elected to office while the Election Administrator and Mr. Weingarten has asked that the investigations be conducted into past elections. With the possibility that she be declared ineligible to serve.
Copy of the detail request is attached.
For additional Information contact:
Joe Weingarten
14066 Deer Stone Ln
Fortville, IN 46040
317-598-1026
mrmac@aol.com
Approved by Committee for Weingarten for 29th District State Representative
April 28, 2010
Hamilton County Elections Board Ms. Sonia Leekamp, Prosecutor
Ms.Peggy Beaver One Hamilton County Square
One Hamilton County Square Suite 134
Suite 106 Noblesville, IN 46060
Noblesville, IN 46060
Via Certified Mail
Dear Ms. Beaver and Ms.Leekamp;
1. I request that Ms. Peggy Beaver immediately remove Ms. Kathy Richardson from her position as Election Administrator in accordance with Indiana Code IC3-6-5-24:
Candidates for elected office; service as deputy election commissioner or employment by county board
Sec. 24. A person who is a candidate for elected office may not be:
(1) appointed as a deputy election commissioner; or
(2) employed by a county election board.
If a deputy election commissioner or employee of a county election board becomes a candidate for elected office, the person may not continue to serve as a deputy election commissioner or employee of a county election board.
As added by P.L.5-1986, SEC.2. Amended by P.L.3-1987, SEC.27.
Ms. Richardson as the Election Administrator is directly employed to:
The Elections Office oversees the administration of all elections, candidate filings and campaign finance. The Elections Office, along with the County Commissioners, manages all polling place assignments and maintains all precinct information.
This could place her in a position in violation of state statue and a conflict of interest. In addition Ms. Richardson is currently engaged in Electioneering by being within the polling area as outlined in Paragraph 3 below.
2. I request an investigation by the Indiana State Police, Indiana Board of Elections and the State Attorney General into conduct by Ms. Richardson in past elections and this current primary. Conflict of Interest between Sheriff Doug Carter and Prosecutor Sonia Leerkamp as contributors of campaign funds to Ms. Richardson exclude them or their offices from any investigation. Monetary contributions to Ms Richardson’s campaigns for many years by Ms. Peggy Beaver and as her supervisor should exclude her from any investigation. In addition Ms. Beaver as her you may be a subject of questioning in any investigation. Further delays of over two years in previous investigations also show a deliberate attempt to derail any investigation. Ms. Richardson may have committed a Class D Felony under IC 3-14-2-23 by handling Ballots while a Candidate for Office and therefore she should not have received any ballots for counting. Request that this investigation include but not be limited to the last election but all elections in which she was a candidate and held the position of Election Administrator. I further request a special prosecutor without ties to Hamilton County be appointed for this investigation.
3. I request an investigation by the Indiana State Police, Indiana Board of Elections and the State Attorney General into conduct by Ms. Richardson in past elections and the current primary relative to Electioneering in accordance with IC 3-14-3-16. The Hamilton Count Board of Elections has a Conflict of Interest in that in the past complaints have been lodged and your Board has found that Ms. Richardson because she was not wearing a name tag was not electioneering. The lack of a nametag is not discussed anywhere in Indiana Code. Ms. Richardson is well known and her picture routinely appears in the press and flyers she mails to the voting public. Conflict of Interest between Sheriff Doug Carter, Prosecutor Sonia Leerkamp and Ms. Peggy Beaver as contributors of campaign funds to Ms. Richardson exclude them or their offices from any investigation. Ms. Richardson may have committed a Class A misdemeanor. Ms. Richardson is within the Polls and Chute area during the election and: (2) within an area in the office of the circuit court clerk or a satellite office of the circuit court clerk established under IC 3-11-10-26.3 used by an absentee voter board to permit an individual to cast an absentee ballot; or
(3) except for a voter who is:
(A) the person’s spouse;
(B) an incapacitated person (as defined in IC 29-3-1-7.5) for whom the person has been appointed the guardian (as defined in IC 29-3-1-6); or
(C) a member of the person’s household; in the presence of a voter whom the person knows possesses an absentee ballot provided to the voter in accordance with Indiana law;
In addition when a person comes to exercise an absentee ballot or vote early they enter the election office and directly in front of them is Ms. Richardson’s work area and a large sign that states “KATHY.” She was in clear view and even waved to me when I submitted my absentee ballot. Complaints of her electioneer have been ignored by the Hamilton County Board of Elections and the Indiana Board of Elections. It is time for a special prosecutor without ties to Hamilton County be appointed to conduct an investigation.
4. Dual Office holding. Under the Indiana Constitution you are not permitted to hold two lucrative offices in the state at the same time. Ms. Richardson was found to be part of the Judicial branch of government as a result of an investigation of a complaint filed under Hatch Act. She is elected to the Legislative branch of the government. Under Article III, Section 1 it prohibits a person charged with official duties under one of the departments from exercising the functions of another department. Ms. Richardson has voted on Bills concerning election law as a State Representative. Further a conflict of interest is clear in her being on the Elections and Apportionment; Legislative Council Committee of the House. I request that you request the Attorney General to rule on this matter.
5. I request the remaining members of the Hamilton County Election Board meet to rule on the following. In accordance with IC 3-12-11-1 Ms. Richardson should is declared ineligible to serve, as State Representative for violations shown above and her certificate of election be declared null and void.
I request that both addresses remove your self’s from any hearing and review of this complaint in view of your contributions to her campaigns for office over the years. This places you in conflict to render a fair opinion or in the case of Ms. Peggy Beaver to vote on this matter as a member of the Election Board.
Respectfully submitted
Joseph L. Weingarten
Cc; Attorney General State of Indiana
Secretary of State, State of Indiana
Indiana Board of Elections
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