Vigo Election Board backtracks, disallows candidate from ballot

Feb. 29—It took Vigo County attorney Terry Modesitt 50 calls to Indiana Election Commission officials and Indianapolis lawyers to get answers. In the end, Tyler Johnson will not be on the ballot for Vigo County councilman at-large or as a candidate for GOP convention delegate.

The Vigo County Election Board voted Thursday to rescind its vote of Feb. 23 to reject Republican Party Chairman Randy Gentry's challenge to Johnson's filing.

Gentry challenged the filing because Johnson included his nickname "Corporal" on that filing, and the Indiana code states no candidate can attach a title or degree to their name for purposes of the ballot.

Previously, the board voted to remove the moniker from the ballot and allow him to remain on it. But that turned out to be a non-viable option because altering a filing after the registration deadline is not allowed.

Election law "is not as clear as anybody wants to think it is," Modesitt said, adding that he had heard four different opinions on how to deal with the issue.

"He can't be on the ballot eventually — the question is, how do we get there."

Modesitt said voting to rescind the rejection of the challenge was "the best way to correct it."

Board member John Nichols said, "We don't have the standing to proceed to remove" Johnson from the ballot, and he moved the board do nothing, which would force the matter to be resolved in court. No one seconded that motion.

Board chairman Jerry Arnold then moved to rescind the board's previous vote. He and Brad Newman, the board's secretary and the county clerk, voted for that motion. Nichols abstained.

Johnson was informed about Thursday's meeting but opted not to attend.

The board also voted to allow precinct poll workers who are also running in a race for precinct committeeman against an opponent to continue their duties as poll workers.

The practice, which is also allowed in Marion County, results in a larger pool of people to work election days at polling stations.

David Kronke can be reached at 812-231-4232 or at david.kronke@tribstar.com.