Board sustains five CAN‑31 challenges, removing several candidates from ballot

The St. Joseph County election board sustained five challenges to candidate filings brought by Jackie Horvath, identified in the hearing as the Republican party chair for St. Joseph County, after a consolidated hearing on procedural compliance.

Horvath testified that she filed challenges alleging the candidates "failed to timely file what you believe is their failure to timely file their CAN 31 forms," and she told the board she had submitted supporting paperwork. When asked whether any exceptions to the cited state laws existed, Horvath said, "I do not." James Groves, the attorney for the five candidates, acknowledged that from a "technical standpoint, the board probably should, as the statute uses the word shall, should sustain the objection," but he argued the practical consequence would be vacancies that could be filled by caucus and stressed the effect on voter choice.

A board member proposed an amendment to reject the filings but allow the candidates time to amend them; the amendment failed on a board vote. The chair then moved to sustain Horvath's challenges and the motion carried; the recording clerk said the record will reflect challenges sustained "at least the ones that were voted on, but to all of the candidates, as of August 21 for statutory purposes." The board did not adopt a process at the hearing to permit candidates to correct the challenged filings.

Candidates who spoke during public comment characterized the process as confusing. Christy Donlin said she had "walked through all the paperwork that needed filed, and I asked the question, is this all that I need? The answer was yes," and said she was told staff that her materials were complete. Dan Caruso, another affected candidate, said the sequence "makes people say, man, I hate politics" and said caucuses had been bypassed in some instances.

The board’s action is limited to the filings and statutory deadlines discussed at the hearing. Board members and counsel cited Indiana statutory provisions in the briefing and questioning; the board’s public record will reflect the sustained challenges and the date used for statutory purposes.

Next steps described in the hearing: sustained challenges create vacancies that, under applicable state law and party rules discussed in testimony, could be filled later by caucus procedures; the board did not adopt any remedial amendment at the meeting.