Complaint about former Evansville mayoral candidate's fundraising isn't moving

EVANSVILLE — The Indiana Election Commission has taken no public action on a February complaint accusing former Evansville mayoral candidate Gabe Whitley of filing fraudulent campaign fundraising reports while seeking office locally.

Whitley, who promotes himself as "Honest Gabe," has moved to the Indianapolis area since he campaigned briefly for mayor of Evansville as a Republican in 2022. The complaint before the Indiana Election Commission — filed by Gabrielle Kendall, wife of WIBC radio host Rob Kendall — focuses primarily on Whitley's fundraising while he was campaigning for an Evansville-based seat in the state legislature in 2021.

The Kendalls and Whitley have a history. In 2022, Rob Kendall sued Whitley for defamation after Whitley allegedly called the Indianapolis talk show host a pedophile, a claim Whitley has denied. A Vanderburgh County judge later dismissed the suit, a decision Rob Kendall has challenged, court records show.

The Indiana Election Commission complaint isn't Whitley's only challenge at the moment.

Federal prosecutor Zachary Myers forwarded a lengthy dossier prepared by Gabrielle Kendall to the FBI alleging Whitley committed a slew of campaign finance violations months before federal agents searched Whitley's home last week, emails obtained by the Courier & Press show.

FBI agents have not disclosed the basis for their search of Whitley's residence.

More: Federal prosecutor reportedly sent Gabe Whitley dossier to FBI

Whitley didn't want to discuss the Indiana Election Commission complaint when reached by email Wednesday.

"I have talked to another reporter at (the Courier & Press) and I will only talk to him," Whitley wrote. "I will never talk to you again and go f--k yourself."

Where does the complaint stand?

Kendall filed her complaint to the Indiana Election Commission in February. She also filed a complaint with the Federal Election Commission accusing Whitley’s “Honest Gabe for Congress” committee of accepting individual contributions greater than the $3,300 limit, among other claims.

Indianapolis attorney Mark Rutherford, who represents Kendall, said he hasn't heard from the Indiana Election Commission or from anyone representing Whitley.

Angela Nussmeyer , co-director of the Indiana Election Division, told the Courier & Press by email Wednesday that Kendall's complaint "was forwarded to Mr. Whitley for his review and reply earlier this year."

"Ultimately, the chair of the Commission would determine whether the matter is placed on the agenda for further discussion," Nussmeyer wrote.

That would be Indianapolis business leader Paul Okeson , who didn't return a phone message from the Courier & Press Wednesday.

Nussmeyer wrote that Whitley hasn't responded to Kendall's complaint, to her knowledge.

'Nope. That wasn't me.'

Kendall's allegations to the Indiana Election Commission largely focus on Whitley's 2021 annual fundraising report filed with the state . Several of those issues were disclosed in a February 2023 Courier & Press story . The story raised questions about whether Whitley may have violated Indiana election law by reporting thousands of dollars in donations from people who say they’ve never heard of him.

In the 2021 annual report that Whitley filed on Jan. 17, 2022 with the Indiana Election Division, he reported raising $15,581 for a “Friends of Whitley” exploratory committee from people all over the country while incurring no expenses at all and no debt.

More: Gabe Whitley says he raised thousands for mayoral campaign. Donors say they don't know him

The money allegedly came in, most of it in August 2021, from donors in such places as New York, California, Florida, Texas, Oregon and Utah, according to Whitley’s report. Whitley himself was the only reported donor with an Evansville address.

But several donors said they never gave money to Whitley.

"Nope. That wasn’t me," said Terri Couture of Los Altos, California, Whitley's largest reported contributor at $5,000. Couture said she had "never heard of" Whitley.

The Courier & Press gave Couture her address as it appears on Whitley's report.

"Well, that’s my address, but that doesn’t surprise me. They can find out anything anymore," she said.

Couture didn't contribute $5,000 to Whitley's committee?

"Good God almighty, no," she said.

Mark Kaminar of Wayne, New Jersey, and George Folquet of Seattle were equally certain they never contributed to Friends of Whitley.

In an in-person meeting with Courier & Press reporters on Jan. 19, 2023, Whitley insisted it's all baffling to him, too.

Whitley said he engaged a "consulting firm" to do his campaign fundraising, but he couldn't come up with its name. He did say the name "starts with a W." Whitley said he also doesn't understand why no payments to the firm are listed in his 2021 annual report stating he had raised $15,581.

"Well, I will have to look at it, see if there's a glitch in the (Indiana) Secretary of State's Office," he said. "Because I know we paid them. I know it's on there."

As it appears on the Indiana Election Division's website , Whitley's 2021 fundraising report still has not been amended to reflect any expenditures at all.

Whitley's 2022 annual report of contributions and expenditures shows a single $109 payment to Arkansas-based online fundraising platform Raise the Money and a cash-on-hand figure that is $109 less than the previous year's figure of $15,581.

What about all those contributions from places like California and New York?

"A lot of people donate to fundraising things," Whitley said. "We sent out emails. That's all we did. We sent out emails."

The Courier & Press asked Whitley what his donors were told they were contributing to.

"I don't know," he said. "I just know that (the consulting firm) did the emails, I paid them, that was all."

Kendall's complaint alleged Whitley violated state law by making and accepting contributions made in the name of another person and by filing fraudulent reports. It does not address the issue of whether any money ever actually changed hands.

A question of priorities

Attorney Rutherford remains optimistic that the Indiana Election Commission will act on Kendall's complaint.

"I wouldn’t call them speedy, because most times there’s probably not a need to be speedy in their minds," he said. "It’s not life or death, but it’s very, very important that they thoroughly look into it and make a good decision."

Rutherford opined that the election commission may have been investigating Kendall's allegations, "or they’re referring it to other people to investigate it."

Tony Will, a former data analyst for Washington, D.C.-based campaign finance consulting firm Circa Victor, told the Courier & Press last year that people would be shocked to know how easy it is to create phony reports on political contributions at all levels of government.

And, Will said, they would be shocked to know how weak enforcement can be.

Will, an Evansville native, took a look at Whitley's 2021 annual report in a meeting with the Courier & Press, but he did not investigate it.

“Whether you’re talking about the Federal Election Commission or you’re talking about the Indiana Election Division, they just don’t have the manpower to investigate all the money that’s coming in, all the money that’s being spent," Will said.

Local election offices and commissions don’t have the time and the people to audit reports like Whitley’s in the same way the Courier & Press did, Will said.

“It’s a Wild West when it comes to campaign finance, even at the local level,” he said.

This article originally appeared on Evansville Courier & Press: Complaint about former Evansville mayoral candidate's fundraising isn't moving