GOP 26th District candidate challenged on his RV's political disclaimers

LAFAYETTE, Ind. ― Tippecanoe County Board of Elections officials are investigating a complaint about the political disclaimers on GOP 26th District candidate Jim Schenke's motorhome and asked for a court order for Schenke to appear at the board's Aug. 15 meeting.

The board sent a request for Schenke to appear at its meeting in June, but Schenke said Monday he was out of state and unable to attend on short notice.

The election board asked that Tippecanoe Circuit Judge Sean Persin issue a subpoena ordering Schenke to appear at the board meeting next month, and Persin indicated he was inclined to issue such an order. However, he took the issue under advisement at the end of the hearing, indicating he'll publish his decision soon.

Before the hearing started, however, Schenke characterized the action as a political witch hunt.

"This entire action against me is baseless and generated to create negative media," Schenke said as he objected to media attending the hearing and recording and photographing the proceedings.

"There's no probable cause for them to request me to appear to them at any point," Schenke said during the hearing, later noting that his motorhome has disclaimers on it. "Secondarily, they have no jurisdiction in this matter. They know that they have zero jurisdiction.

State law requires that any political advertising disclose who financed the ad. The motorhome, according to the handwritten disclaimer, is paid for by Jim4Indiana, which is Schenke's campaign committee. Schenke told the court that the law requires disclaimers be in at least 7-point type. He claimed the smallest letter on his disclaimer is 1/2 inches tall ― well above the 7-point type.

"When you're running for state office, including state legislature, you have to file all your paperwork at the state level," Schenke said. "Any complaint that you are violating campaign finance law, including with disclaimers, those complaints need to be in writing to the state, not to the county. They know this."

With the state statute projected onto the in-court screen, Persin dismissed Schenke's claim that the local board has no jurisdiction or right to investigate.

"My understanding is that anyone who has a concern about a violation of an election law can report that to a local board. And I believe the local board has a right to investigate," Persin said.

That's not to say Schenke's argument didn't have some legal ground on which to stand.

"I think (Schenke) might be right that you don't have the authority to act in order to impose some sort of penalty," Persin said to the county's attorney.

"I do think that if someone brings a complaint to a local board, you have a right ― and perhaps a duty ― to investigate," Persin said. "I do think you can issue subpoenas for people to appear. I think if they fail to appear, you can ask circuit court for an order ordering them to appear ― all of which has been here."

Persin indicated he'll likely issue the subpoena.

"At the end of the day, if he doesn't appear ... I don't know that I'm going to find him in contempt," Persin said.

"This hasn't been about problem solving," Schenke said about making the disclaimer on his RV an issue. "There's not really a problem, even if they thought there was a problem."

Tippecanoe County Attorney Doug Masson said they are merely investigating, and they do not know yet if there are any actions ― or what actions ― the election board might take.

Persin suggested a path forward for everyone involved.

"It seems to me that it makes a whole lot of sense for you guys to try to just get it resolved," Persin said.

"It's not other violations. It's not other signs. It's the RV," he said. "It's not that you didn't have (a disclaimer). It's that it's not easily read.

"I would think if I were the candidate, if I can show you compliance before the meeting, will you take it off the agenda?"

Reach Ron Wilkins at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.

This article originally appeared on Lafayette Journal & Courier: GOP 26th District candidate challenged on his RV's political disclaimers