Kosciusko County Election Board Dismisses Complaint Against Coroner Tyler Huffer
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By Patrick Webb
InkFreeNews
WARSAW — The Kosciusko County Election Board dismissed a complaint by Prairie Township Trustee Julia Goon against Kosciusko County Coroner Tyler Huffer during a March 22 meeting.
During the meeting, the board heard from Goon and Huffer. Goon stated her complaint was based on Huffer’s use of the word “re-elect” in campaign marketing.
“I filed the complaint, because when I saw the signs I thought immediately to myself that that was not correct,” Goon said. She added that she had been appointed in 1980 to fulfill the remaining years of a trustee, June Thomas, who resigned.
Huffer was appointed to fulfill the term of Tony Cierello, who resigned to run for county council.
Huffer, in his response, said he “diligently consulted with multiple members of the Kosciusko County Republican Party, sought advice by legal counsel and conducted thorough research at relevant state statutes.”
“Based on these consultations and research efforts, I’m confident in my ability to include the term ‘re-election’ on my campaign site,” Huffer said.
Huffer cited Indiana Code 3-9-3-5, which states that “officeholder” refers to a person who holds an elected office.
“We need to recognize that this is a government board and that any action we take will be government action,” said Board Member Austin Rovenstine. “And as a result we’re bound by all the laws that bind the government, including the Constitution of the United States and the State of Indiana, both of which contain very strong protection for political speech.”
Rovenstine said that he wasn’t aware of any statutes authorizing the board to act.
“The debate we’re having is whether the manner by which (Huffer) assumed the office of coroner can be reasonably described as an election,” Rovenstine said. He stated he felt the question should be decided by the public and not the board.
Jack Brunetto, who was filling in for Board Member Bill Morton, shared that he and Morton had researched the topic.
“(Morton and I) are not lawyers, but from what we have read, I don’t see how (Huffer) could represent himself anything other than he has,” Brunetto said. “That he is the office holder and by law he’s entitled to all the rights of any office holder. And that includes to run for re-election.”
Election Board Secretary and County Clerk Ann Torpy said she reached out to the state election division’s co-directors, J. Bradley King and Angela M. Nussmeyer, who shared the same opinion as Rovenstine and Brunetto.
The county board voted and approved dismissing the complaint.
Rovenstine informed Goon that she had a right to appeal the decision to the circuit court. Goon stated she would not hire a lawyer to appeal and would respect the board’s decision.
“I would like to extend my gratitude to Julia Goon for exercising her right to express her concerns before the election board,” Huffer said in a written statement. “It is my belief that her concerns have been duly addressed in accordance with the pertinent state statutes.”
“Looking ahead, it my earnest intention to conduct my reelection campaign with unwavering professionalism, transparency and integrity,” Huffer said.
The next election board meeting will be at 9 a.m. Wednesday, March 27, for a test of election equipment in the Kosciusko County Justice Building, in the basement.