Subject: CRITICAL: Constitutional Conflict in Election Disclaimer Mandates (IC § 3-9-3-2.5)
Chairman,
As a GOP candidate for Marion County Clerk, I am reaching out regarding a major legal liability embedded in Indiana election law.
Indiana Code § 3-9-3-2.5 enforces compelled disclaimers on political printing. This statute is unconstitutional under a mountain of settled U.S. Supreme Court precedents—including Talley, McIntyre, Buckley v. ACLF, and the recent Chiles v. Salazar decision.
Furthermore, the federal ruling in Majors v. Abell left the Indiana state constitutional claims completely unresolved, meaning our current enforcement structure sits on a legal cliff. It exposes county election boards and the state to massive federal lawsuits and damages under Monell and Section 1983, specifically concerning pure electoral slogans like those previously litigated in Stewart v. Taylor.
I have drafted a formal request for an Official Attorney General Opinion (AGO) focused strictly on independent Indiana state constitutional claims (Articles 1 and 2). This will force the AG to evaluate the law before a costly federal lawsuit is filed.
Because I am a candidate, I lack the statutory standing to submit this request directly. I need you, as Elections Chair, to sign this draft and submit it on your official legislative letterhead.
I have the complete, seven-question draft ready for your review. Please let me know where I can send the full text for your signature.
Respectfully,
[Your Name]
GOP Candidate for Marion County Clerk
[Your Email Address]
GOP Candidate for Marion County Clerk
[Your Email Address]
Representative Timothy Wesco Email: h21@iga.in.gov
Senator Mike Gaskill Email: Senator.Gaskill@iga.in.gov
Senator Mike Gaskill Email: Senator.Gaskill@iga.in.gov
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