For Immediate Release
October 7, 2008
Contact: Dan Tierney
317-635-8881
dtierney@indygop.com
GOP CHAIR: WHITE MISUSED OFFICE IN OBAMA VOTER APPEAL
Marion County Clerk may have violated Indiana law
INDIANAPOLIS-Marion County Republican Party Chairman Tom John today called for an investigation into whether Marion County Clerk Beth White misused her office by encouraging voters to early vote for Barack Obama in exchange for their receiving preferential seating at his campaign rally tomorrow.
"Beth White took an oath to uphold the laws of the State of Indiana. Yet, Beth White went on television to promote efforts by Barack Obama that are legally questionable, if not downright illegal," said John. "Those in a position to do so, should immediately investigate whether Beth White and Barack Obama have broken the law."
John said his concerns arise out of an interview White gave to WRTV that was broadcast Sunday wherein White told WRTV that, "The Obama campaign is having rallies with incentive if they come down to the rally and come here and vote early, you get preference for Barack Obama's appearance Wednesday at the Fairgrounds."
John expressed concerns that both the incentive offered by the Obama Campaign and Beth White's promotion of it on television violated Indiana Code 3-14-3-19, which prohibits exchange of items of value for votes.
"To his credit, whenever and wherever Senator Obama speaks, the event becomes one of the hottest tickets in town," John said. "By offering preferential seating to those who vote early, the Obama campaign is most certainly giving an item of value in exchange for early voting. The public should frown upon such activities, and they should be immediately investigated."
John also specifically criticized Clerk White's involvement.
"I am appalled that Beth White would use her position as Clerk and chief elections official for the county to promote Barack Obama's rally and help pitch his "incentives " to vote," said John. "This was not some idle comment to a reporter. Beth White looked straight at the camera and the voters at home and told them they would get special seats to the Obama Rally if they voted early. That was wrong, and she should be ashamed of herself for misusing her office in such a blatantly partisan manner. "
Video of Marion County Clerk Beth White's comments on YouTube.
Statutes related to Voter Inducement
United States Code
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 29--ELECTIONS AND POLITICAL ACTIVITIES
Sec. 597. Expenditures to influence voting
Whoever makes or offers to make an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate; and
Whoever solicits, accepts, or receives any such expenditure in consideration of his vote or the withholding of his vote--
Shall be fined under this title or imprisoned not more than one year, or both; and if the violation was willful, shall be fined under this title or imprisoned not more than two years, or both.
(June 25, 1948, ch. 645, 62 Stat. 721; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-294, title VI, Sec. 601(a)(12), Oct. 11, 1996, 110 Stat. 3498.)
Indiana Code
IC 3-14-3
Chapter 3. Interference With Free and Equal Elections
IC 3-14-3-19
Inducing votes by gift or offer to compensate
Sec. 19. A person who, for the purpose of inducing or procuring another person to:
(1) apply for or cast an absentee ballot; or
(2) vote or refrain from voting for or against a candidate or for or against a public question at an election or political convention;
gives, offers, or promises to any person any money or other property commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.482; P.L.103-2005, SEC.37.
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October 7, 2008
Contact: Dan Tierney
317-635-8881
dtierney@indygop.com
GOP CHAIR: WHITE MISUSED OFFICE IN OBAMA VOTER APPEAL
Marion County Clerk may have violated Indiana law
INDIANAPOLIS-Marion County Republican Party Chairman Tom John today called for an investigation into whether Marion County Clerk Beth White misused her office by encouraging voters to early vote for Barack Obama in exchange for their receiving preferential seating at his campaign rally tomorrow.
"Beth White took an oath to uphold the laws of the State of Indiana. Yet, Beth White went on television to promote efforts by Barack Obama that are legally questionable, if not downright illegal," said John. "Those in a position to do so, should immediately investigate whether Beth White and Barack Obama have broken the law."
John said his concerns arise out of an interview White gave to WRTV that was broadcast Sunday wherein White told WRTV that, "The Obama campaign is having rallies with incentive if they come down to the rally and come here and vote early, you get preference for Barack Obama's appearance Wednesday at the Fairgrounds."
John expressed concerns that both the incentive offered by the Obama Campaign and Beth White's promotion of it on television violated Indiana Code 3-14-3-19, which prohibits exchange of items of value for votes.
"To his credit, whenever and wherever Senator Obama speaks, the event becomes one of the hottest tickets in town," John said. "By offering preferential seating to those who vote early, the Obama campaign is most certainly giving an item of value in exchange for early voting. The public should frown upon such activities, and they should be immediately investigated."
John also specifically criticized Clerk White's involvement.
"I am appalled that Beth White would use her position as Clerk and chief elections official for the county to promote Barack Obama's rally and help pitch his "incentives " to vote," said John. "This was not some idle comment to a reporter. Beth White looked straight at the camera and the voters at home and told them they would get special seats to the Obama Rally if they voted early. That was wrong, and she should be ashamed of herself for misusing her office in such a blatantly partisan manner. "
Video of Marion County Clerk Beth White's comments on YouTube.
Statutes related to Voter Inducement
United States Code
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 29--ELECTIONS AND POLITICAL ACTIVITIES
Sec. 597. Expenditures to influence voting
Whoever makes or offers to make an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate; and
Whoever solicits, accepts, or receives any such expenditure in consideration of his vote or the withholding of his vote--
Shall be fined under this title or imprisoned not more than one year, or both; and if the violation was willful, shall be fined under this title or imprisoned not more than two years, or both.
(June 25, 1948, ch. 645, 62 Stat. 721; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-294, title VI, Sec. 601(a)(12), Oct. 11, 1996, 110 Stat. 3498.)
Indiana Code
IC 3-14-3
Chapter 3. Interference With Free and Equal Elections
IC 3-14-3-19
Inducing votes by gift or offer to compensate
Sec. 19. A person who, for the purpose of inducing or procuring another person to:
(1) apply for or cast an absentee ballot; or
(2) vote or refrain from voting for or against a candidate or for or against a public question at an election or political convention;
gives, offers, or promises to any person any money or other property commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.482; P.L.103-2005, SEC.37.
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