Floyd County Election Board reviews controversial mailer

Makenna Hall, The Evening News and the Tribune, Jeffersonville, Ind.
·3 min read

Jun. 28—FLOYD COUNTY — A mailer sent out a few days before the primary election has caused a complaint to be filed to the Floyd County Election Board.

Floyd County Prosecutor Chris Lane sent a formal referral to the election board regarding the mailer that Evan Bardach, former Floyd County deputy prosecuting attorney, sent out in late April.

The mailer sent out was in support of Jim Freiberger, then a Republican candidate for the Floyd County Council District 2 seat. A note on the mailer stated that it was paid for by Bardach, who is Freiberger's son-in-law.

Frieberger won the Republican primary for the council seat.

Lane sent out a statement saying that the mailer was not authorized by anyone in the prosecutor's office. He noted that the office does not endorse candidates in political races, and he did not personally endorse any candidates for the county council seat.

The Indiana Prosecuting Attorney Council advised Lane to notify the appropriate agency to review the situation so he contacted the election board. The Floyd County Election Board is comprised of county clerk Danita Burks and attorneys Rick Fox and Shane Gibson.

Lane's formal referral was sent on April 29. The election board offered a resolution of civil penalties to Bardach on June 9.

The election board is requesting $450 from Bardach for three civil penalties by violating Indiana Code. The resolution states that the election board is willing to accept $150 as a resolution to each violation.

The election board's resolution stated that Bardach qualifies as a regular party committee and should have filed a statement of organization.

The resolution pointed to Indiana Code 3-9-4-17(c) as it "provides for a civil penalty for failure to file with the Floyd County Election Board a statement of organization."

The election board is also penalizing Bardach as they said the money he paid did not pass through the hands of the committee's treasurer, as required by Indiana Code 3-9-1-20.

Lastly, it is said that the mailer did not present a disclaimer of who paid for it in a clear, conspicuous manner. This disclaimer is required by Indiana Codes 3-9-2.5(b)(1) and 3-9-3-2.5(d), if the communication (the mailer, in this case) is not authorized by a candidate, an authorized political committee of a candidate or the committee's agents.

Fox said they are still in the process of negotiating the resolution with Bardach.

Burks said that she thinks that the election board is handling the issue in a timely manner, especially considering it happened right before the primary election in May.

Bardach resigned from the prosecutor's office in May, and Elizabeth Stigdon received a promotion to deputy prosecutor in June.

Bardach said he was not ready to comment when the News and Tribune contacted him Tuesday. Lane also is unable to comment on the matter because it is an employment issue.