Candidate Can't Win Nomination By Default

Even if two candidates are eliminated from the county prosecutor's primary, incumbent prosecutor David Kolbe cannot win the nomination by default.

Broadcast reports are circulating that if Charles Waggoner and Daniel Hampton are convicted of electioneering charges, then Kolbe would win the nomination since he is the only candidate left.

But the co-general counsel for the Indiana Election Commission today said that is not true.

Brad King said today that charges against Waggoner, who won the primary nomination by 61 votes over Hampton, have no effect unless Waggoner is convicted of a felony.

If Waggoner, as the winner, would withdraw from the fall election, the vacancy on the ballot would be filled by the Republican party.

Hampton, as runner-up in the race, cannot withdraw from the election simply because he did not win, King said.

King said the county election board cannot hold another election since the 10 days to contest the election are over.

The only other option that can occur is if Waggoner is disqualified from the election if he is convicted of or pleads guilty to a felony. Then the ballot would be vacant in the fall election, and the Republican committee would choose a candidate to fill the vacancy.

The charges, if any, in connection with Waggoner and Hampton would likely be misdemeanors, Kolbe said.

If the special prosecutor finds that there was a willful attempt to violate the election law, the charge could be a felony.

Waggoner is accused of entering seven polling places May 5 during the primary election. He admits to going inside the places to thank the poll workers but says he did not speak with voters.

Hampton said he escorted an elderly woman who was partially paralyzed to the polling place to vote. He said he helped her from his car to the door of the polling place, where she was helped by an inspector.

A special prosecutor will investigate the incidents and decide whether charges should be filed against either man. Kolbe asked for John Whiteleather, Whitley County prosecutor, to head the investigation since Kolbe was also a candidate in the election.

Both Waggoner and Hampton are accused of violating Indiana election laws that say a candidate cannot come within 50 feet of a polling place without credentials.

"They are innocent until proven guilty," King said.