Election board moves Snyder's financial records matter to legal council
NWI Times
Feb 13, 2015
http://www.nwitimes.com/news/local/porter/valparaiso/election-board-moves-snyder-s-financial-records-matterto-legal/article_d776d848-b176-5fc2-8537-bdb407986cdc.html
VALPARAISO | As far as it knows, the Porter County Election Board has never imposed a fine on a political candidate for filing delinquent financial reports. And although it was called for by some at the board's meeting Friday for one mayoral candidate, the likelihood is it won't happen.
On the board's agenda was Democratic Chairman Jeff Chidester's complaint against Portage Mayor James Snyder for not filing his annual financial report on time. The deadline for candidates who maintain active committees was noon Jan. 21.
Chidester said the good news was Snyder filed his report Thursday night but the bad news was it's 23 days late "and it's quite incomplete."
"There's a lot of things that are really missing that you're supposed to put in there — addresses, explanations," Chidester said. "The numbers just don't seem to add up."
Chidester told the board the matter is a violation according to the election code and pointed out a penalty that calls for a $50 fine a day up to $1,000.
"If we don't put our foot down these reports are going to constantly be late from both my people and (Republican Party Chair Michael) Mr. Simpson's people," Chidester said. "Let's start today and consider putting a fine on this one and send a message. Let everyone know this isn't going to be tolerated."
Kenard Taylor, Snyder's campaign treasurer, said he advised Snyder to file the report late because to file a "fraudulent" report full of errors would have meant facing a stiffer penalty.
"We will fill in the addresses and missing gaps," Taylor said.
Taylor repeated what he said in January that they had to amend Snyder's 2011, 2012 and 2013 reports before tackling the 2014 one.
"In the past, most campaigns have had volunteers do the reports," Taylor said. "They don't know accounting and state law and what happens is you end up with reports on both party sides that are mishmash with misinformation."
Election Board President David Bengs said while it's lenient to give the campaign the opportunity to file an amended report or file through a late filing "we're talking about people who do this who may only run a campaign one time in their lives."
Board attorney Ethan Lowe said there have been a number of similar complaints through the years and the board, regardless of which political party had a majority of representation on the board, has never imposed a fine. He said even before a fine could be imposed there would have to be a properly noticed hearing.
"Never in the history of the board that I'm aware of have these types of matters even advanced to that stage," he said.
Bengs said he believed the best practice is to give the campaign the opportunity to get the report done properly.
"If we have to pursue further if they're failing to do so then we can pursue a more stringent violation," he said.
The board voted 2-1 to pass the matter on to its legal council to review the original complaint as well as the amended filing by Snyder. Bengs and County Clerk Karen Martin, who also is on the board, voted yes, with board member Jerome Davison voting no.
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