Dunes Acres Town Council member John Sullivan’s candidacy for the County Council 1st District has been terminated by the Porter County Election Board under a state law that says a candidate cannot run on a party ticket if that person had voted differently in former primary elections.

The election board met Friday afternoon at the Porter County Administration Center to give rulings on a total of seven challenges being raised. Two challenges, however, were withdrawn during the meeting.

Sullivan filed for candidacy in the May primary elections on the Democrat ticket as an opponent for County Council 1st District candidate incumbent Bob Poparad.

Sullivan was challenged by Porter County Voters Registration Democratic director Kathy Kozuszek because Sullivan voted in the 2004 and 2006 Republican primaries. Kozuszek told the board that despite her position she made the challenge on the fact that she is a voter living in the County Council 1st District.

Board attorney Clay Patton said a candidate’s party affiliation is determined based on how they voted in the most recent primary election or previous primaries in which they took part. Voting record discrepancies can be trumped if the county’s affiliated party chairperson certifies the candidate is in good standing with the party.

With his voting record and no letter in hand from the Porter County Democrat Chairman certifying good standing, the board declared Sullivan’s candidacy invalid with a 3-0 vote.

When asked if he had any questions for the board, Sullivan conceded, “I just didn’t do enough homework.”

Board president and Democrat member J.J. Stankiewicz thanked Sullivan for coming to the meeting, saying the board does not appreciate hearing complaints from disqualified candidates who do not bother to show up to their case discussions.

Sullivan said earlier he filed as a county council 1st district candidate because he opposed Poparad’s support for the Northern Indiana Regional Development Authority.

Union Township Trustee and Republican candidate incumbent Anthony Pampalone doubly challenged his opponent Michael Herzog saying his signature on his candidacy form doesn’t match with his signature from his 1978 voters registration form and that the dates of his signature on his candidacy form are inconsistent with the date it was notarized.

Porter County Auditor Republican candidate Robert “Bob” Wichlinski also filed his own challenge on Thursday afternoon after receiving notice of Pampalone’s challenges. Wichlinski had his candidacy form notarized in the same fashion as Herzog’s.

Under oath, Herzog and Wichlinski testified they had completed and signed their candidacy forms on the evening of Feb. 18 without a notary present. Both candidates put their forms in the care of County Council 4th District Republican candidate James Polarek who took the forms to the voters registration office on Feb. 19 to be notarized by Voters Registration Republican director Sundae Kubacki before the deadline at noon.

Wichlinski said he and Herzog had “prior obligations” and therefore chose not to deliver the forms themselves. They were not contacted by anyone from the voters registration office notifying them of any discrepancies that morning.

Pampalone and his attorney Patrick McEuen argued that according to state law, the candidacy form must be signed in front of a notary in order for the signature to be valid. Wichlinski said he did not know if there was a state law that said the form must be signed in the presence of a notary and that if it was a requirement, it would clearly say so on the form.

Republican board member Patrick Lyp made the motion to deny the challenge saying that if a notary’s witness to the signature was required by law, it would show up on the form. The third board member, Porter County Clerk Pamela Fish, also agreed to the motion.

The board voted 2-1 to deny the challenge regarding the notarization, with Stankiewicz being the lone no vote. Stankiewicz later said he believes it is clearly defined by state law the form must be signed in presence of a notary.

Wichlinski then withdrew his own challenge after the board cleared Herzog.

After the meeting, Pampalone said he may appeal the board’s ruling arguing the candidacy form does carry the notary witness requirement by statutory rule.

The board voted 3-0 to deny Pampalone’s challenge regarding Herzog’s signature on his voter’s registration form. Lyp said he believed the signature to be Herzog’s and that it was understandable that the signature would change in 32 years.

The election board also dropped two candidates who filed as Republicans to attend the party’s state convention in Indianapolis next June.

The board unanimously dropped the candidacies of both Scott Schafer and Faith Jones of Center Township who also filed for Republican state delegate seats. The challenges were made by Kenard Taylor who said both candidates voted as Democrats in their most recent primary elections.

Porter County Republican Chair Joyce Webster challenged Republican state delegate candidate Emily Pulley of Portage on the basis she voted as Democrat in her last primary election. The board, however, voted 3-0 to deny Webster’s challenge saying it suffered a “fatal error” of not being time-stamped.

A challenge issued by attorney Tim Voljslavek was withdrawn by Vojslavek himself to expedite the meeting. Voljslavek challenged Republican delegate candidate G. Mike Cinko of Union Township last week because Cinko had not voted in a primary election to reveal his party affiliation.

The board adjourned the meeting thanking deputies Kubacki and Kozuszek for their efforts during the filing period and for the “great job” handling the recent contract made with Electronic Software & Systems.

Posted 3/1/2010