Election challenges drive up legal costs

County Council approves $20k additional appropriation for clerk's office

A series of election challenges from the end of February is costing the county thousands of dollars in legal fees, with more expenses expected as additional hearings move forward.

Owen County Clerk Diane Stutsman made the request before the Owen County Council during their March 9 meeting.

"I'm here to request money to pay for an attorney for our county election board. We have a bill in front of us for $5,625 that was spent the week that we had our hearings and our findings," she said.

Those hearings were reported on in the March issue of The Owen News. They spanned two days, with nine candidate challenges. Seven of the nine challenges came from Pam Rogers, while the other two came from County Republican Chair Kristi Risk.

Councilman Joe Frye asked what caused the unexpected legal bills.

Stutsman said that it was the review of the Indiana Code for the challenges in February.

"So we had to get an attorney to represent [us], to help us go through the process," she said of the election board.

Council President Polly Chesser asked how much the clerk's office needed in total.

"We're going to have a lot more," Stutsman said.

She asked for an additional appropriation for $20,000 because there are additional hearings that she said would be coming up.

Frye asked if they could see reimbursement on attorneys fees for unfounded or unsubstantiated challenges.

"My understanding is no," Stutsman said.

"Because that's a citizen's right to be able to challenge," Chesser added.

Frye asked, "So devil's advocate here, somebody goes and just challenges every single one of them, whether there's right or wrong, you're just kind of toast on it?"

Stutsman confirmed saying, "We have to do it."

Councilman Verl Keith asked if the commissioners' attorney could handle the legal work, and Stutsman said County Attorney Tony Overholt could not. She said it has to be outside legal representation because Overholt is hired by the commissioners who are elected officials and candidates.

"And we have more coming," Stutsman said.

County Auditor Sheila Reeves said that if it led to a legal battle, Overholt could not represent both sides. She provided some options as to where the funding could come from within the county's budget.

"I personally think she ought to ask for $25,000, but she's going to be back if you don't," Reeves said.

County councilman Anton Neff suggested that the funding come from the county's Riverboat Fund.

County councilman Nick Roberts made a motion to do the additional appropriation from the Riverboat Fund and to create a legal line item in the general fund for the clerk's budget. The motion was seconded by Frye.

Commissioner Norm Warner spoke up during the discussion portion, while the motion was being considered.

"I was told, you know how that is, that the person that challenged us was also sitting with the lawyer," he said. "How much money that is spent on that, on the representation of the challenger? Or correct me if I was incorrect."

Stutsman said there were responses that went back to the individual.

"The attorney did respond to the questions that were asked," she said.

"We're just spending a lot of money from, you know, people trying to ruffle feathers or be thorns or something, and it's to the tune of you're talking, like you could fund a part-time person with that," Frye said.

Reeves added that the clerk's office "desperately needs a full-time person."

The motion passed 6-1 with Keith voting against it.

Stutsman also asked for an additional part-time person in the election office.

"We have timelines on these public requests and hearings, and it's taken away from us doing our webinars and setting up everything for the election. I personally was down there for almost six hours one day pulling files," she said.

She said it would be the same job description as the full-time person, just with fewer hours. She was asking for 21 hours per week.

The council wanted a proposal to be in front of them, as it was the first time the need for someone specifically in the election office was brought to them.

"I don't want to be adding positions on the fly," Neff said.

Robertson moved to hold off until the April meeting. Reeves said that with the state's process for additional appropriations, it would not be approved until May, after the primary election.

Neff said he thought it was a general need and seconded Robertson's motion.

The motion to wait until the April meeting for consideration passed 5-2 with Frye and councilman Daniel Browning voting in opposition.

"I just think it's March," Frye said.

The council will meet again at 6 p.m., April 13 in the Commissioners' Room on the second floor of the Owen County Courthouse, 60 S. Main St., Spencer.