Marion County Election Board finds Michael Palombe violated Indiana election code after vote-center incident

The Marion County Election Board voted unanimously to find that Michael Palombe violated provisions of Title 3 of the Indiana Code after an incident at the First Friends Meeting Church vote center during the November 2024 election. The board voted 3-0 on four separate findings — electioneering, obstruction or interference with an election worker, voter intimidation and threatening an election worker — and said it will refer the matter to the prosecuting attorney for review.

The board heard staff testimony, viewed video of the November incident and discussed notices and scheduling that began in December. Patrick Becker, Marion County Director of Elections, told the board the issue first came to the board in December and that notice was sent to Palombe on Dec. 13 informing him of a Jan. 21 appearance. Becker said Palombe notified staff a few days before the Jan. 21 meeting that he would not attend; at the hearing itself, counsel informed the board that Palombe would not appear due to a work emergency and that his client had directed counsel not to attend.

Brad Boswell, outside counsel for the board, told members that Indiana election law (Title 3) does not itself regulate firearms at vote centers. "The law in Indiana does not tell us one way or the other what we're supposed to do as it relates to firearms at a vote center," Boswell said. He said the board's authority under Title 3 is limited to specified violations and that the relevant questions are whether the subject's conduct contributed to obstruction, threats, intimidation or electioneering — not mere possession of a firearm.

Board members said they reviewed the video and the staff investigation before making findings. Kate Sweeney Bell, secretary and mover of the first motion, said the board had given Palombe opportunities to be heard and that he and his counsel declined to attend. Sweeney Bell moved that the board find Palombe committed electioneering by displaying political paraphernalia at the vote center; the motion was seconded and passed on a roll-call vote (Jennifer Ping, Kate Sweeney Bell, Anne Mullen O'Connor — all "aye").

The board subsequently moved, seconded and approved findings on obstruction or interference with election workers; voter intimidation; and threatening an election worker. Each motion passed by unanimous vote of the three members present. Board members said three of the findings will be forwarded to the county prosecuting attorney for review and possible action.

Board chair Nelita Stewart was represented at the hearing by proxy Anne Mullen O'Connor. Patrick Becker and other election staff and several election-day workers from the First Friends location attended the hearing. The board said its immediate next step is to prepare a communication referring the matters to Prosecutor Mears for review and action.

The board made no finding about firearms law generally and noted that enforcing facility-level firearms restrictions (for example, rules that may apply at public schools or private facilities) is outside the board's Title 3 authority. The record shows the board focused its decisions on behavior the board determined met statutory criteria for the four election-code violations.