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Marion County Election Board directs staff to investigate campaign video showing county election workers
Summary
On May 21, 2025, the Marion County Election Board voted to direct staff to investigate whether footage of county staff and volunteers that appeared in a campaign video violated state election law (Title 3 / Indiana Code references were raised).
The Marion County Election Board voted on May 21 to direct staff to investigate whether footage shot at the county’s central absentee ballot-counting facility was used in a campaign video in a way that violates Indiana election law.
The board’s director of elections, Patrick Becker, told members the footage was recorded at the Marion County Election Board Service Center on Nov. 5, 2024, and that portions of that footage later appeared in a campaign video posted by Secretary of State Diego Morales and the Diego for Indiana campaign on May 1, 2025. Becker said Clerk Vell had asked the campaign on May 7 to cease using the footage and requested the images be removed by May 12; the county then forwarded the request again to the campaign’s email on May 16 after receiving a response from the Secretary of State’s general counsel on May 8.
“This video contains footage of the Marion County Election Board staff and volunteers at the service center from Election Day on 11/05/2024, where the absentee ballots are being processed and tabulated at the Central County facility,” Patrick Becker said during the meeting.
Outside counsel read the relevant statutory standard to the board and advised members that, under the law cited by counsel, a county election board “shall expeditiously make an investigation” if it determines there is substantial reason to believe an election-law violation has occurred. Counsel also told the board that statutes referenced in meeting discussion included a Code section read aloud during the meeting and that the board has subpoena power to gather evidence during an investigation.
Board discussion centered on whether the facts known to the county gave “substantial reason to believe” a violation of Title 3 had occurred. Counsel warned that before any final determination or referral to the attorney general or a prosecuting attorney, the board would have to provide notice and an opportunity for a hearing to any person accused. Counsel explained the investigation’s purpose would be to determine details such as how the footage was produced, what county resources (if any) were used, and the chain by which the footage reached the campaign’s channels.
After discussion, the board voted to direct staff to determine whether any violations of Title 3 occurred on the dates discussed. The board recorded affirmative votes by Chair Naleda Stewart, Vice Chair Jennifer Ping and Secretary Kate Sweeney Bell; the motion passed and staff were instructed to begin the inquiry. The board noted that no final determination had been made and that the investigation was an initial fact-finding step.
The chair said staff should report back to the board after the investigation. The board also stated at the start of the agenda item that there would be no public comment on this specific topic during the meeting. The board did not refer the matter to outside prosecutors at the meeting; counsel said referral would be a subsequent step only after an investigation and after any required notice and hearing.
Next steps: Director of Elections Patrick Becker was tasked with carrying out or supervising the investigation and reporting findings to the board; timing for a follow-up was not specified at the meeting.
