Editor's Note: This is the first part of a two-part series regarding allegations of impropriety in the May primary election. Today's story deals with the allegations. In tomorrow's edition, read about what can be done to rectify the situation.

It's official. Maxine Pifer, a former Kosciusko County Election Board member, has filed a complaint with the Kosciusko County Clerk's office.

The filing is the preliminary step to launching a possible investigation into how last month's primary election was organized and carried out.

Pifer's complaint originated after she served as a precinct election judge in the primary election. While she has made several allegations in the past, this complaint deals with two specific items.

The first item claims that the Kosciusko County Election Board instructed the sheriff's department to deliver absentee ballots to and from the precincts on election day, which is a violation of election codes. The second alleges that the inspector of Warsaw Ward 4-3 mishandled absentee ballots.

In the first item Pifer alleges the Kosciusko County Sheriff's Department violated the Indiana election codes by transporting absentee ballots without equal political party representation.

In a letter to the Times Union, Pifer wrote, " ... How can a lawyer on the county election board, the clerk of the courts, and of all people, the local sheriff, whose son was slated on the primary ballot, be so bold to do such a thing ..."

Pifer's claims are supported by the Indiana Election Code Manual. Specifically, Indiana Code 3-6-6-36 states that law enforcement officers of the state and of political subdivisions may not come within 50 feet of the polls, except when summoned by the election sheriffs, to serve process of the court, to vote and to serve as a pollbook holder.

The code also states that absentee ballots must be transported only with equal representation of both parties - a Democrat and a Republican.

"There's nobody in the county, including our clerk, who knows more about the way elections should be run than Maxine Pifer," said Steve Haines, Kosciusko County Democratic Party chairman.

Haines said the Democratic Party put a stop to the deputies' delivery of absentee ballots "a couple years ago" but the election board went back to it this year.

"I'll shoulder some of the blame this time. I could have stopped it," said Haines, referring to a proposed injunction by the Indiana Election Division. "I probably could have but I didn't think it would be in everyone's best interest at that time to do that."

The IED was having some difficulty understanding why there was a problem until Haines made a phone call.

"From what I was told," said Haines, "I think they were called by our clerk and told the sheriff's deputies only drove a Republican and a Democrat to deliver the ballots, which was a flat-out lie."

Haines didn't know for sure who from the clerk's office had contacted the IED but whoever it was, he alleges, lied.

Marsha McSherry, Kosciusko County clerk, said that as far as she knew, no one in the clerk's office had been in contact with the IED.

Kristi Robertson, co-general counsel for the IED, could not confirm or deny Haines' allegations.

In Pifer's second item she said the absentee ballots for Warsaw Ward 4-3 were improperly handled by the precinct inspector.

Among other allegations, Pifer claims the inspector voted a dead person's absentee ballot. When a person votes absentee and then dies, their ballot becomes invalid and is required by code to be placed with the other rejected ballots.

"The inspector was the only one who looked at, handled any form of these ballots and voted the deceased man along with the other seven absentee voters," said Pifer. "I noticed the ballots gone and was asked what to do with the obituary upon returning from lunch."

Pifer said that all eight of the absentee ballots had been put into the ballot box without the election board present.

Voting a dead person does not invalidate an election, however.

The inspector is in charge of making sure the polls run smoothly and correctly according to code. It is the inspector who could face criminal charges.

According to Indiana Code 3-11-10-15, the inspector can only open the absentee ballot's outer envelope in the "presence of the precinct election board."

Likewise, IC 3-11-10-16 states "The inspector shall then hand the ballots to the judges who shall deposit the ballots in the proper ballot box."

These violations of code could fall under the "knowing omission of official duty," which is a Class D felony.

The county election board would then be required to investigate the allegations.

Kosciusko County Prosecutor David Kolbe said he thought enough questions have been raised that the issue should be addressed.

With some of those allegations pointing to the election board itself, Kolbe also said the "thing to do if the election board feels their decisions are proper, would simply be to refer it on right away and then allow me to refer it on right away" so that it can be looked at and any questions clarified at that time.

Because Kolbe was a candidate in the election, he said, he wouldn't take any action himself on the allegations and would be required to obtain a special prosecutor.

Republican Steve Hearn, chairman of the election board, said that as long as they weren't told differently, the board would probably have the sheriff's department do the delivery again at the next election.

McSherry said that she believed the codes should be looked at again and then voted on before the next election, due to the time saving and efficiency of the process.

"In this county you get this, 'Well, we've always done it this way.'" said Haines, "We're going to push real hard now for them to do it right. Maxine is 100 percent correct on that." [[In-content Ad]]