2 GOP candidates removed from ballot for county primaries

For the first time in years, Monroe County Assessor Judy Sharp will have an opponent in a general election. But her challenger might not even be eligible for the office.

At Friday’s Monroe County Election Board meeting, Anthony Smith, treasurer for the Monroe County Democratic Party, challenged Republican William Ellis’ candidacy for county assessor in the Republican primary election.

Smith said Ellis is unqualified because he does not have a level three assessor-appraiser certificate, which the Indiana State Code requires.

The code says a township assessor may obtain the certificate upon taking office. But because the code does not say this explicitly at the county level, Smith said the allowance should not be made.

Ellis was removed from the primary election ballot in a 2-1 vote because he did not have the proper certification at the time of the board meeting.

In his defending argument, Ellis claimed Smith’s interpretation of the code would mean that the state legislature places two different levels of certification between candidates and incumbents.

“I have the exact same certifications as my opponent does, so (the legislative intent) is putting a burden on challengers that is not put on incumbents, and I would question that intent,” Ellis said. “When there’s doubt, I would honestly suggest that I would not be stricken from the ballot until that is cleared up.”

Smith’s challenge sparked the interest of Bryan Lemonds, a Republican serving on the Election Board.

“I find it unnerving that a Democrat could come into the Republicans’ (primary) and say, ‘Your candidate’s unqualified,’” Lemonds said.

It is for the party to decide whether a candidate is unqualified for their primary, Lemonds said later outside the meeting.

Lemonds added Smith’s challenge was not an independent idea.

“He was put up by Judy to do that,” he said.

He then went on to add that Sharp does not have her level three assessor-appraisal certification, the same certification that the Indiana State Code required Ellis to have before filing for candidacy.

To his understanding, Sharp has failed the test three times, Lemonds said, adding Sharp doesn’t want anyone to challenge her because she can’t pass the test herself.

The issue does not really bring forth a question of conspiracy in local government, Republican County Chairman Steve Hogan said. Rather, it is an opportunity to address the issue that the legislature is requiring different qualifications between the incumbent and her opponents.

There was precedent behind the board’s ruling, Hogan said.

“When is that good government, and when is that meddling?” Hogan asked. “That’s the argument.”

Ellis will have the level three assessor-appraiser certification before the primary election, Hogan said. The challenge would be more appropriate if he were a candidate for the general election and still did not meet the code’s requirements.

Sharp ran for the office before the State Code required that candidates have the current credentials.

“She was grandfathered into it,” Lemonds said.

She did the job up to the point that was necessary at the time, and the rules changed, protecting her from new requirements.

Sharp is not immune from the new code, however. State law requires she obtain the certification by 2016.

Sharp could not be reached for comment.

It should not matter that there are two different standards for the current assessor and the challenger, Smith said in rebuttal. The code is clear, and Ellis, to date, does not meet the qualifications to run for this office as stated in the Indiana State Code.

A second case heard the statement of Cathleen Smith and her husband Michael Smith against Indian Creek Township trustee candidate Le Ann Freeman.

Freeman currently owes more than $2,000 to Richland Township by Order of the Court for allegedly being wrongly paid for leave time.

“A person may not hold an office of trust or profit unless the person has accounted for and paid over as required by law all sums of public money for which the person was liable as a collector or holder,” according to the Indiana State Code.

Freeman denied any wrongdoing.

“I cashed a check that was issued to me,” Freeman said.

The issue is currently being worked out, she said. But according to the court, she still owes money.

The board made a unanimous decision to remove Freeman from the primary election.

“We have to rule on what exists today,” Farrell said.

Although Ellis and Freeman have been stricken off the primary election ballot, they can still campaign and run in the general election, said Riley Parr, a junior political science major and chairman of the College Republicans at IU.

Both candidates ran unopposed in the Republican primary, and there is now a valid vacancy. They can still run in the general election if they meet what has been required of them.

Ellis has to attain his series three assessor-appraiser certification, and Freeman has to pay off her debts. That’s not the only stipulation, however.

The Precinct Committee will organize a caucus between the date of the primary election and the end of June to debate and elect the best representative.

“I fully expect to be on the ballot in November,” Ellis said. “I’m focused on the future of Monroe County and giving the voters a choice.”

An earlier version of this story said Lemonds thought Ellis had failed the test three times. The IDS regrets the error.