Democrat files lawsuit against county and city clerks over GOP ballot

David Penticuff, Muncie Star Press
·3 min read

MUNCIE, Ind. — Audie Barber, a Democratic candidate for Muncie City Council at-large, has filed a lawsuit against Muncie City Clerk Belinda Muncie and Delaware County Clerk Rick Spangler, seeking to have Spangler remove Munson from the Republican primary ballot.

The complaint, filed in Delaware Circuit Court 4 on Thursday, contends that Munson, the Republican city clerk, did not file a Statement of Economic Interest — known as a CAN 12 — within the filing deadline. She filed a form, stating the various economic interests of a candidate, after the required deadline.

Muncie city clerk Belinda Munson at work in her office at Muncie City Hall.
Muncie city clerk Belinda Munson at work in her office at Muncie City Hall.

Munson initially told The Star Press she did not file a CAN 12 because nothing had changed since the form she filed in 2019. However, as Barber's complaint notes, Munson had become a member of a limited liability company since 2019 and the form requests those be listed.

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Barber's complaint says that failure to file the CAN 12 by the deadline disqualifies Munson as a candidate and that Indiana Code 3-8-9-6 directs the county clerk to reject a candidacy that does not have the required Statement of Economic Interest. No one challenged Munson's candidacy during the time period for challenges to be made before the Delaware County Election Board, which can take action to remove candidates from the ballot.

The complaint asks the court, presided over by Judge John M. Feick, to "hold (a) prompt or emergency hearing" and compel Spangler to remove Munson from the Republican Primary ballot.

Meanwhile, another lawsuit filed by a Muncie City Council member, who was removed from the Republican ballot, has been sent to Blackford County.

At-Large Council member Troy A. Ingram is suing the county election board, claiming fellow Republicans acted to kick him off the primary ballot because he too often sides with Democrats on council.

The election board removed Ingram from the GOP ballot on Feb. 17, saying he failed to completely fill out his CAN-42 candidate filing form, including candidate certification questions.

More:Ingram sues election board after being removed from ballot

Ingram's complaint was filed in Delaware Circuit Court 4, where Judge Feick recused himself. The attorneys moved the case to Blackford Circuit Court, presided over by Judge Brian Bade.

The election board as well as two of its members — Spangler and local attorney Peter Drumm, who is the Republican representative on the board appointed by the county GOP chairman — were named as defendants in Ingram's lawsuit.

Spangler, while a board member by virtue of being county clerk, is also a Republican. But he was not present for the meeting in which Ingram was removed from the ballot. Local attorney Brandon Murphy stood in as Spangler's proxy and voted with Drumm to remove Ingram.

Murphy said during the board meeting that state election officials have held in the past that the election board should deny a candidate filing that does not have the candidate certification properly filled out.

Early voting for the primaries begins April 4. The clerk's office awaits rulings in the cases.

"I'm ready to print ballots," Spangler said, "but I can't until they decide."

This article originally appeared on Muncie Star Press: Democrat files lawsuit against county and city clerks over GOP ballot