The Pulaski County Election Board held challenge hearings Monday, Feb. 26.
As explained during the hearing by Clerk JoLynn Behny, a candidate for the United State Senate, John Rust, filed a lawsuit in Marion Superior Court challenging the state’s rule implemented in 2022, the “Affiliate Law”, or Indiana Code 3-8-2-7, that the candidate filing for office on a major party ballot must have voted in that party ballot in the two most recent primary elections. A judge did rule that the law was unconstitutional. Before the state’s deadline of the filing of any candidate challenges, Friday, Feb. 16 noon ET, the Indiana Supreme Court ruled Thursday, Feb. 15 in the afternoon that they are upholding the Indiana Code that requires the two primary rule. As a result, several candidate filings were challenged by Pulaski County Republican Party Chairman Kelly Gaumer.
The board heard evidence on whether or not the candidate should remain on the ballot. A vote must be unanimous of the three board members in order to remove a candidate from the ballot.
In the case of Nick Gillock who filed for Medaryville Town Council as a Republican candidate, Gaumer stated that Gillock does not qualify under Indiana Code 3-8-2-7 as he has not voted in any primary election and could not claim a party affiliation. According to his voter history obtained from the Pulaski County Clerk’s Office, he voted in the 2020 general election.
Gillock questioned the timing of the ruling Feb. 15 versus the timing of the end of candidate filing Feb. 9. He said he was a viable candidate at the end of the filing period. He also stated he was not certified as a Republican candidate by the party chair.
Board President Jessye Gilley addressed Gillock’s concern about the timing stating that the Indiana Election Division indicated that since the Indiana Supreme Court made the decision to uphold the Affiliate Law, the candidates who did not meet the requirements under Indiana Code were required to be challenged.
The Pulaski County Election Board voted unanimously to remove Nick Gillock from the primary election ballot as he does not qualify under the Affiliate Law.
Cole Knebel who filed for Precinct Committee Person in Van Buren Township as a Republican candidate was not present during the hearing, but notified the Clerk’s Office that he was not going to contest the challenge. Pulaski County Republican Party Chairman Kelly Gaumer stated that Knebel did not meet the requirement of state party rules. The board unanimously voted to remove him from the primary election ballot.
Additionally, Gaumer said Logan Wuethrich who filed for Pulaski County Council At-Large as a Republican candidate does not qualify under the Affiliate Law as he has only voted in the 2020 general election and has not voted in any primary elections to claim party affiliation.
Wuethrich also pointed to the timing of the filing and the court’s decision and if due diligence was taken with appropriate counsel.
The board voted unanimously to remove Wuethrich from the primary election ballot as he did not meet Affiliate Law requirements.
Both Gillock and Wuethrich were invited to look into filing as an Independent or Libertarian candidate, which are not considered major political parties, on the general election ballot by the deadline of July 3.
