Marion County Election Board members voted unanimously April 18 to waive two mandatory $1,000 late-filing fines after candidates explained clerical errors and other circumstances that led to late campaign finance reports.

The waivers applied to Jennifer Tercey, a first-time candidate for Lawrence city council who said she missed the filing after relying on campaign staff and an absent mail pickup, and to David Hoffman, a former Lawrence police chief who said a checkbox error on his final report mistakenly left his committee active. Both waivers were approved by voice vote (Vice Chair Jennifer Ping: aye; Madam Clerk: aye; Chair Nolita Stewart: aye).

Why it matters: the board’s actions illustrate how statutorily mandated fines interact with the board’s waiver policy. Statutory fines for late campaign-finance filings accrue automatically; the board can later reduce or waive them under the Marion County Election Board campaign fine waiver and reduction policy (adopted April 2024). Staff also told the board it will refer several unpaid fines to the city collections department if they remain unpaid 60 days after certified notice.

Board discussion and staff findings

Director of Elections Patrick Becker told the board staff conducts a cursory review of campaign finance filings, accepts amended filings, and notifies committees when forms are incomplete. Becker identified three committees with “defective” filings staff is actively working to resolve: the Pike Township Board committee (Cynthia Oda), an IPS Scribe Board committee (Deandra Thompson) with formatting issues and an undisclosed treasurer, and filings from Kenneth Allen that appear to be two separate committees rather than an amendment to one committee.

Becker said some defective filings involve clear omissions — for example, a missing treasurer — while others are complete forms that have been challenged by third parties. Counsel clarified that the board’s investigatory authority is limited: staff may flag and seek corrections, but formal investigations or enforcement actions typically follow a filed complaint or a clear statutory violation.

Late filings, fines and waivers

Becker read a list of candidates and committees assessed fines for missing the January 15 annual deadline (or the March 3 deadline for party committees). Those listed included Kenneth Allen (fines of $50 and $100 for separate late filings), Daniel Boots ($50), Daniel Coulter ($50), Alpharena McGinty (paid $100), David Baird ($450), Jeffrey Duhamel ($500), Jackie Butler ($500), Jennifer Tercey (assessed $1,000, later waived), Ashley Thomas (IPS School Board, $1,000), David Willis ($1,000), Washington Township Parents for Public Ed PAC ($50, paid), Marion County Libertarian Party ($50), and Deandra Thompson (IPS school board, assessed $1,000 for a defective March filing staff accepted).

Tercey told the board she is a full-time paralegal, a part-time law student and a first-time candidate who said her campaign manager stopped communicating after the election. “I did not know that I had to do anything,” Tercey said, explaining she discovered the missed filing only after receiving certified mail and filed the next day. She asked the board for “grace and understanding.” The board voted to waive her fine.

David Hoffman, who ran for Lawrence mayor in 2023, explained that his committee’s final report accidentally checked the wrong box (annual instead of final/disband committee) and said he corrected the filing with staff assistance this week. “I simply ask for a reasonable and equitable application of enforcement of this law, and I ask for a waiver of the fine,” Hoffman said. The board voted to waive his $1,000 fine.

Referral to collections and no-report committees

Becker reminded the board of the April 2024 waiver/reduction policy the board adopted; under that policy, unpaid fines older than 60 days may be referred to the city collections department. Staff identified a set of committees whose fines are unpaid and that staff is prepared to refer to collections, including Robin Stewart (Center Township Board) and the Pike Proud PAC, among others. Becker said staff will generally use the date the office sent certified notice as the trigger for the 60-day collections clock.

Staff also flagged several committees that never filed required reports after briefly opening campaign committees (for example Meredith Henby, who filed, withdrew and never formally closed a committee); staff asked the board for help in locating and contacting those committees to avoid long-term administrative problems.

Votes at a glance

- Adopt minutes (Aug. 29; Sept. 6; Oct. 4; Oct. 30; Nov. 14; Nov. 18; Dec. 12, 2024): Motion adopted by roll call (Vice Chair Jennifer Ping: aye; Madam Clerk: aye; Chair Nolita Stewart: aye).

- Administrative dissolution of committee "Martha Baker Blue" (candidate for City-County Council): motion adopted by roll call (Vice Chair: aye; Madam Clerk: aye; Chair: aye). Staff reported the committee had $4.91 cash on hand and no debts.

- Waiver of $1,000 fine for Jennifer Tercey (candidate): motion approved by voice vote (Vice Chair: aye; Madam Clerk: aye; Chair: aye).

- Waiver of $1,000 fine for David Hoffman (former Lawrence mayoral candidate): motion approved by voice vote (Vice Chair: aye; Madam Clerk: aye; Chair: aye).

What the board said about authority and process

Board members and counsel reiterated that statutory fines accrue automatically under state law (referred to in the meeting as “Title 3” and cited specifically by staff as IC 3-9-1-5 during discussion). The board’s April 2024 waiver/reduction policy governs later staff referrals to collections and the board’s discretionary reductions or waivers. Counsel said staff should not be expected to investigate every clerical discrepancy absent a formal complaint.

Ending

Board members asked staff to continue outreach to committees with defective or missing reports and to use certified-mail dates as the practical trigger for the 60-day collections referral. Staff said it will provide an update on corrected filings and any further waiver requests at future meetings.