Board denies GOP challenge; Dan Schutzel remains on county council ballot
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Summary
After extensive legal argument the St. Joseph County Election Board voted to deny a challenge from county Republicans seeking to disqualify Daniel J. Schutzel as 'not in good standing'; the board concluded statutory affiliation evidence and filings supported his ballot access and challengers signaled intent to appeal.
The St. Joseph County Election Board on Feb. 25 denied a challenge filed by the St. Joseph County Republican Party to disqualify Daniel J. Schutzel from the Republican primary ballot for county council.
Benjamin Horvath, representing the county party, told the board party committees had found Schutzel "not in good standing" and urged the board to enforce party discipline and remove him from the primary ballot. "The facts which support our challenge: Mr. Schutzel was found not in good standing on 01/31/2025," Horvath said in opening remarks.
Counsel for Schutzel and other respondents argued the Indiana affiliation statute governs ballot access and that Schutzel satisfied the statutory standard by voting Republican in the two most recent primaries. Defense counsel referenced case law and statutory text to say the board's role is to administer election law. As one attorney put it: "Your job, as I mentioned earlier, is to administer the election laws in the state of Indiana." The defense also called witnesses, including Schutzel and clerk Kimberly Riscovich, who confirmed Schutzel's residency and that his declaration of candidacy was signed and notarized in his presence.
After hearing testimony, documentary exhibits and extended legal argument about party rules, the affiliation statute and the weight to give party disciplinary orders, a board member moved to deny the challenge. The motion carried by voice vote; the chair announced that Schutzel would remain on the ballot. Counsel for the challengers stated on the record that they intended to appeal the board's denial and seek injunctive relief in court and inquired about service of court papers; the board's counsel offered to accept service if the board so directed.
The board's decision leaves Schutzel on the county council primary ballot while the challengers consider further judicial remedies. The record shows the participants preserved exhibits and testimony for the administrative record in the event of appeal.