Elkhart County election board finds probable sign-disclaimer violations, moves to notify for hearing

Members of the Elkhart County Election Board reviewed two groups of campaign signs and a billboard at the May 4 meeting and concluded that the signage likely lacked required sponsorship/disclaimer information.

A board member who examined the materials in the packet and took photographs said the billboard's fine-print disclosure, if present, was not legible and the signs did not clearly identify sponsorship. "Unless it was in teeny tiny little print in the bottom right hand corner ... you couldn't even tell that there were words on that," the member said.

The board discussed prior informal practices—historically a staff phone call to request removal or correction—and agreed the current process should adhere to the statutory procedure that provides notice and an opportunity to appear. The member who moved to take the two sign groups together said the evidence in the packet supported a finding that the requirements for sponsorship labeling appeared to be violated.

The motion to find a probable violation was seconded and approved by the board in a roll-call vote. Staff said that a formal notice will be provided, the subjects will have a chance to respond at a hearing, and the board will determine at that hearing whether to refer the matter to the prosecutor. The board emphasized the goal of enforcing statutory disclosure requirements while avoiding ad-hoc enforcement practices.

The board did not name the sign owners at the meeting because notices had not been served. The hearing process and any subsequent referral to the prosecutor will follow the board’s normal procedures and notice requirements.