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MAYOR HENRY- YOU'RE UNDER ARREST.
YOU'RE JOKING RIGHT?
NO JOKE- LAW ENFORCEMENT IN FORT WAYNE IS NO LONGER A LAUGHING MATTER..
COME WITH US . ( DONT TASE ME BRO! LOL..)
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https://www.facebook.com/GinaMBurgess/posts/10206318752192515
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http://wane.com/2015/04/08/candidate-complaints-call-for-withdrawals/?hc_location=ufi
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https://lintvwane.files.wordpress.com/2015/04/burgess-complaints.pdf
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FORT WAYNE, Ind. (WANE) – The
Allen County Election Board is reviewing new complaints filed against 27 candidates in the Fort Wayne municipal primary. Gina Burgess, who is also running for city council at-large on the Democratic ticket, filed the 40 allegations on Tuesday.
“Most of these mistakes are things people have taken for granted, but there’s actual legal statute out there [that dictates it],” Burgess said. “Minor things or not, they’re still legally required things.”
Burgess’s complaints include saying candidates didn’t use their correct name on filing forms, didn’t appropriately show they are in good standing with their political party and didn’t disclose all their economic interests.
In her complaint, she said “evidence would be presented at a hearing on the matter” and she requested that “candidates listed be compelled to produce documents either [to] confirm or refute the allegations.”
“People are not reporting their business interests, not reporting their spouse’s employment and not reporting their spouse’s business interests,” Burgess said. “The standard is what [the name is] on your birth certificate is what you have to have on your CAN-42 form. When I started looking at the seriousness of the mistakes by the incumbents, I thought, ‘Wow! Something needs to be done here. We’re getting further and further down a slippery slope.'”
Burgess is asking for the Election Board to hold a hearing and for candidates in violation to withdraw from the race, or face a potential perjury charge, which is a Class D Felony.
“This is about principle and procedures and I think things will change for the better in the future, but that change has to start somewhere,” Burgess said. “Politically, this will be painful for me because I made people mad on both sides of the aisle. I did this non-partisan.”
Andy Downs with the Mike Downs Center for Indiana Politics and a former Election Board member said it’s too late for candidates to be taken off the ballot, even if they wanted to be.
“Early voting has started. The ballot has been mailed out, in some cases,” he said. “It is not possible to get names off the ballot. There’s also a deadline by which these complaints have to be filed and those deadlines passed a long time ago.”
Downs also said some of the alleged violations don’t actually break the law.
“If she would have read the next section, she would have seen that nicknames are perfectly acceptable to have on the ballot. You have to look at the rest of the Code and you can’t read it in isolation,” Downs said.
Indiana Code states that questions concerning the validity of a candidate have to be filed 81 days before the primary election, which would have been February 13.
But, Burgess said the Allen County Election Board mishandled complaints filed within that deadline by Democratic mayoral candidate David Roach. The
board held a hearing on February 18 in which it did take one candidate off the ballot and dismissed the rest of the complaints.
Roach is now appealing in court. On Facebook, Burgess wrote to the board, “if you are willing to engage and settle the matter of Roach v ACEB before the primary” then she would drop her complaints against the 27 candidates.
“I’m willing to withdraw them even though they are valid because I believe the Election Board will be more vigilant in the future, but this other case needs to stop being in legal limbo and needs to move on,” Burgess said.
Downs was at the hearing for Roach’s complaints and said he thinks the board did take them seriously.
“[Roach] did himself some damage by saying he looked for evidence and couldn’t find any, but you should keep looking. I can make that same claim about anybody, and that’s not a credible reason to investigate,” Downs said.
Burgess argues that the Election Board is picking and choosing when to investigate complaints or not and that its members need to be consistent. Downs said that there has to be a credible reason for the board to launch an investigation beyond the documents that are filed with the board.
“Someone saying I don’t think you’ve listed all your economic interests is not a credible reason. I can say that about anybody. There has to be a reason to investigate and simply saying there is one is not one,” Downs said.
Tom
Hardin, a member of the Election Board, said they received Burgess’s complaints and he and his fellow members are reviewing them. He didn’t know when or if a hearing would be held. The board’s next regular meeting is April 15.
The primary election is May 5.
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Another democratic pawn trying to clean the slate so that she can feel some sense of accomplishment. If only she had the intelligence to come up with a better plan.
Wait, she's complaining about people not following the rules... but yet she herself isn't following the rule by turning in the complaint late.... not voting for her, she seems a little crazy if you ask me.
Well we know not to vote for her psychotic stalker self. What a creep.
Her crooked Democratic self is trying to be Obama's IRS and Justice Department all in one! Targeting her opponents like a certain community organizer does. Hmmmmmmm.
It's the progressive/socialist way.
Sad. Very very sad.
If your going to file a complaint then do it before the deadline and send it certified mail. Then neither side can fool around in this monkey business. I agree with Downs.
Gina Burgess needs to get a hobby and leave politics to the grownups.
Wow, a democrat that seems to be concerned about fair elections. Hey, was that a pig that just flew by?!
Meanwhile in November of 2000 in Florida, big brother gave little brother a Presidency. Wait, no... it was all legit. Silly conspiracies, huh?
Man we may not agree on everything...but considering the Bushes have had some sort of power for about 70 years starting with good ole Prescott Bush. Yea. That presidency was handed to him by folks more powerful than the President that's for sure.
You bet it was legit, all the way to SCOTUS. What a shame that the demoncrats couldn't suppress enough overseas military votes. Don't be such a wimdit, Rill.
No it was the sky falling. Global warming is making you see things again.
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FROM THE INBOX— Lots of stuff from the inbox, many praises and many criticisms. And some confusion. So let me address what I can here.
CONFUSION OVER LATE FILING: Some folks are wanting to criticize my allegedly not following the rules due to the lateness in which I’ve turned in my Complaint. Its understandable how there would be confusion. First, if you are seeking to remove a candidate from the ballot, you had until February 9th to do so. Or 3 days after the filing deadline. Folks—when you have so many candidates from both sides that have to be reviewed, there is no logistical way to adequately review some 50+ candidates. I think the total number of candidates this year was actually over 100, but I don’t know that for sure. With this many candidates, no one---not even the newspapers with their paid staff—could have reviewed everyone in a timely manner. Besides, a complaint can be filed anytime. A candidate challenge, however, can only be filed up to a certain date and time. Second, I am not seeking to remove a single candidate from the ballot. If a candidate finds himself or herself in a position where he or she has committed perjury, I have asked the election board to be lenient and permit these folks to voluntarily withdraw from the ballot—if state law allows such withdrawal. Third, I am asking for those withdrawals before May 1st because most people will vote on May 5th and I am trying to minimize voter disenfranchisement. If this matter gets resolved after the Primary, whoever is out as a matter of law will be replaced by a party caucus. That’s not what elections are supposed to be about. This is also why I am willing to withdraw my complaint if the ACEB agrees to move forward with the appeal of Mr. Roach.
LEGAL NAMES AND BIRTH CERTIFICATES: Many of you believe that using your legal name is a bit of a nuance. But please understand that candidate filing forms are legal documents, signed under oath. Like any legal document, it requires your legal name. You wouldn’t go to a lender and take out a loan in your nickname. It’s the same principle. I agree that the name issue seems like small potatoes, but then again---it’s a pretty easy thing to remedy. How? Simply show us your birth certificates.
STATEMENT OF ECONOMIC INTEREST: Andy Downs is correct when he says that “Someone saying I don’t think you’ve listed all your economic interests is not a credible reason….” That is why I am more than willing to present evidence at a hearing. All the ACEB needs to do is set one up. Some of you are asking why I am not disclosing this information now. The reason is that I am trying to give the candidates involved in this mess as much of an out as possible. Remember, my goal is not to hurt the candidate. Also, again, we have a situation that is pretty easy to remedy--provide your 1040 forms and supporting documents so that a compare and contrast can be done with the Statements of Economic Interests. That won't account for everything--like board appointments, but it will account for a majority of things.
WHAT IS THE PURPOSE? THE GOAL? The ultimate goal is to improve and restore integrity to the electoral process as well as to increase accountability where candidates and elected officials are concerned. If you noticed, all the incumbents---including both top Mayoral candidates---failed to disclose one or more economic interests. Its one thing not to disclose your legal name, but it’s a bigger issue when you are not disclosing where your financial ties are. Also, from a procedural perspective, the ACEB erred when it began this thing of picking and choosing when to investigate complaints or not and that it needs to be consistent.
DO I HAVE AN AX TO GRIND WITH THE ACEB? Absolutely not. Matter of fact, I have a high degree of respect for the ACEB. The rank-and-file members are hard working, underappreciated, and some of the nicest people around. The ACEB board has come a long way in the past four years in that they are more vigilante of open door laws, making sure hearings occur under oath, explaining procedures during hearings, and avoiding having elected members sit in proxy of regular board members. But that doesn’t mean there isn’t still room for improvement and regrettably the February 18th hearing revealed that improvements are still needed.
DO I HAVE AN "AX TO GRIND" WITH LOCAL DEMOCRATS? No. Actually, it was painful to have to list certain people. From incumbent Geoff Paddock—who I have the utmost respect for---to newcomer Michelle Chambers, who shares several of the same views that I do. If anything, I think this presents an educational opportunity for Allen County Democrats as a dozen of its newcomers made a series of mistakes, many of which are minor. Maybe the Party needs to include this as part of their candidate training curriculum?? It’s really unfortunate because many new candidates got involved to make a difference.
DO I HAVE AN "AX TO GRIND" WITH LOCAL REPUBLICANS? No. Matter of fact, part of my action was inspired by Republican Tom Smith---whom, I generally disagree with. Because he was so forthcoming in most areas, I was really surprised by the areas that he didn’t disclose on his Statement of Economic Interests. Also, I think this presents the same educational opportunity for the GOP that it does for the Democrats.
YOU ARE THE ONLY DEMOCRAT CONCERNED WITH FAIR ELECTIONS, WHY AREN’T YOU A REPUBLICAN? There are several of you asking this question and I don’t think that is a fair question. I am not the only Democrat concerned with Fair Elections. There are many Democrats concerned with fair elections. I am probably one of the more outspoken Democrats on the matter. But definitely not the only Democrat concerned with fair elections, rule-abiding candidates, etc.
ARE YOU GETTING HATE MAIL AND WHAT ARE YOU DOING ABOUT THAT? I wish I could say that I wasn't getting hate mail, but you are always going to have some of that. There is no way that everyone is going to agree with everything all the time. I'm doing what I always do about hate mail--ignore it. Really, what else can I do??
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LET'S NOT MUDDY THE WATERS: In a WANE-TV interview, Andy Downs, Director of the Mike Downs Center for Politics, states: “If she would have read the next section, she would have seen that nicknames are perfectly acceptable to have on the ballot. You have to look at the rest of the Code and you can’t read it in isolation."
Andy, Andy, Andy -- I knew your Dad and he would be shaking his head at such non-sense. You are better than that.
Yes, you can have a nickname on the ballot---there's even a special place on the CAN-42 form for a nickname.
BUT, to get your name placed on the ballot, you have to "sign up" using your legal name, signing the document with your legal name, and affirming the information on the form is true and accurate using your legal name.
That is why Indiana statutes spell the matter out. Otherwise, why would the applicable statute (I.C. 3-5-7-4) reads: "For purposes of PLACEMENT of a candidate's name on the ballot, a candidate's legal name is ... is considered to be the name shown on the candidate's birth certificate." (emphasis added)
The name used to request placement (declare candidacy) on the ballot is the legal name--which is clearly defined as the name that appears on one's birth certificate. The name actually listed on the ballot can be the candidate's choice of legal name or nick name. Ironically, this information is pretty well spelled out in the last paragraph of the CAN-42 form.
Again, you are better than this. Please stop "muddying the waters" and causing unnecessary confusion. People deserve to understand what is going on.
FindLaw provides Ind. Code § 3-5-7-4 : Indiana Code - Section 3-5-7-4: Candidate's legal name for Lawyers, Law Students, etc.
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