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A special prosecutor will be appointed to investigate the actions of two candidates in the Kosciusko County prosecutor's primary election.
Kosciusko County Prosecutor David Kolbe said he will file a petition asking that John Whiteleather Jr., Whitley County prosecutor, investigate allegations that two candidates were electioneering.
Charles Waggoner, winner of the Republican prosecutor nomination, and Dan Hampton, runner-up, both admitted to entering polling places on May 5.
Waggoner said he entered seven polling places to thank the poll workers but never spoke to voters at the sites. When workers at one poll asked him for credentials, Waggoner said he realized he was wrong and stopped visiting the polls.
Hampton said he escorted an elderly woman to the polls to vote. He said the woman is partially paralyzed from a stroke, so he helped her from his car to the door of the polling place, where an inspector helped her enter.
Both men were allegedly in violation of Indiana election laws that say a candidate cannot be within 50 feet of the polls without credentials.
Kolbe said he cannot investigate the incidents because he was also a candidate in the primary election.
Kolbe approached Judge Rex Reed and asked him about the special prosecutor. Kolbe said Reed suggested Whiteleather, who then agreed to head the investigation.
The petition will be filed as soon as the paperwork is done.
"We need to have some closure," Kolbe said of the campaign incidents.
He said Whiteleather would be able to provide a neutral, objective opinion and decide if any charges should be filed against one or both men. Kolbe said he feels Whiteleather will probably move quickly on the investigation.
"It needs to be done in the open," Kolbe said of the investigation.
The prosecutor's primary resulted in one of the closest finishes ever in Kosciusko County, with Waggoner beating Hampton by only 61 votes.
Whiteleather will decide if either of the two men should be face charges that range up to a Class A misdemeanor charge. If convicted, the misdemeanor carries a punishment up to one year in prison and $5,000 fine.
If charges will be pursued, Kolbe said the election board could disqualify a candidate or possibly hold a new election. Either candidate could decide to voluntarily withdraw by July 15.
Kolbe said he will also report the allegations to the Indiana Supreme Court Disciplinary Commission that governs attorney's conduct. Kolbe said any attorney aware of alleged violations by another attorney is required to report them to the commission that will conduct their own investigation aside from the criminal investigation. If an attorney is found to be guilty, the disciplinary commission could publicly reprimand or disbar him.
