Wayne County’s Election Board unanimously agreed with county Republican Party Chair Gary Saunders that one candidate is ineligible for the May primary because she’s only voted in one previous primary.
The election board conducted a Feb. 26 hearing regarding the candidacy of Richmond mortgage broker Tracey Jellison. She was one of three Republicans who filed to run for District 2 commissioner. The other candidates are Aaron Roberts and Jeff Wheeler. Incumbent Mary Anne Butters isn’t seeking reelection.
By filing the challenge about Jellison, Saunders said he’s trying to uphold election integrity and he’s been consistent in challenging candidates who do not meet state law or party requirements to be on the Republican ballot.
In 2023, Saunders successfully challenged four prospective Republican candidates for Richmond mayor because of similar concerns about their voting record. Two candidates later filed as independents but came in third and fourth behind winner Ron Oler, the Republican candidate, and incumbent Dave Snow in the general election for the city’s top job. Oler was one of about 25 people attending the election board’s hearing.
“I was encouraged by some people in this audience today to do that,” Saunders said about the 2023 challenges he filed. “When I did that, I was somewhat of a hero, and today, I am, well, let’s just say on the wrong side of the fence.”
Filing process under scrutiny
Democrats or Republicans who wanted to run in the May primary had to complete the state’s CAN-2 form by noon Friday, Feb. 9 and submit it to their county’s voter registration office.
Indiana Election Code 3-8-2-7 (4) (A) says candidates’ party affiliation is determined by which party’s ballot they requested in the last two primary elections in which they voted. If candidates can’t meet that requirement, they must obtain a certificate from the party chair showing they’re a member, and file it with the form.
When submitting the form on Feb. 7, Jellison had checked the box that she was eligible because of her voting record in Republican primaries. Barry Ritter, a Wayne County Council member and party secretary, then invited her to speak at the GOP’s Feb. 8 precinct committee meeting, which she did.
However, Jellison said she received a call from Tara Pegg, voter registration supervisor, at approximately 9:30 a.m. Feb. 9 alerting her that she hadn’t voted in two primaries as a Republican.
Jellison’s voting history, which WWN obtained as a public record, shows she voted in the 2004, 2008, 2012 and 2016 general elections, the 2018 primary and general elections, and the 2020 general election.
Richmond voters did not go to the polls in May 2023 because no candidates faced a competitor from within their party after three of the four mayoral candidates couldn’t run as Republicans, so a primary wasn’t needed.
Jellison recalled that Pegg said she wanted to let Jellison know that someone could challenge her commissioner candidacy. When Jellison asked whether there was anything more she needed to do or to come in and change her form, Pegg reportedly said no. In addition to her professional role, Pegg also serves as county GOP vice chair.
After hearing from Pegg, Jellison said she immediately contacted new Republican Richmond Common Council member Anne Taylor, who then called Pegg. Taylor told the election board that during her seven-minute call, she received the same answers from Pegg.
Candidacy hopes dashed
Jellison said she had voted in general elections and in the 2018 primary, and as a full-time working mother who had just endured the pandemic’s hardships, she didn’t realize she’d missed primaries, and had made a mistake.
Jellison asserted she still would have had time to fix the form error at the courthouse and contact Saunders for his permission to run if she had learned that was needed before the noon deadline.
The first-time candidate said she believed her love and passion for the community as a lifelong Wayne County resident, along with her financial and mortgage expertise, would help the commissioners.
On the afternoon of Feb. 9, Jellison said her election committee wrote and sent a letter via email to Saunders raising concerns about Pegg’s comments. Jellison said she did not write the letter.
In that letter, Jellison’s committee also argued that Marion Superior Court had ruled that the two-primary rule was unconstitutional in the Rust v. Morales case, and Indiana Supreme Court had not taken action. (On Feb. 15, Chief Justice Loretta Rush wrote that the Supreme Court voted to stay, or temporarily stop, the trial court’s order).
Saunders submitted the challenge to Berry on Feb. 13.
Jellison acknowledged that Saunders had previously challenged other potential candidates. However, she was concerned that in January 2023, Saunders allowed Jerry Purcell to run for his first term on Richmond Common Council as a Republican despite selecting the Democrats’ ballot in prior primaries.
When asked, Saunders said he did allow Purcell to run on the GOP slate after Purcell asked for permission.
Before making that decision, Saunders said he reviewed Purcell’s 40-year record and confirmed Purcell had voted more times as a Republican than a Democrat.
Saunders said he understood why Purcell voted in the Democratic primary when he did because his job for Richmond Fire Department was affected by those serving in city government. Saunders said he also considered “things Jerry had done for the party in the past and I felt I had a very good reason to allow him to run.”
Jellison said that her voting record would not conflict with GOP values, even though Purcell’s did.
“I’m not sure if it’s my background as an outsider of politics, my passionate dedication to bettering this community or my gender as a proud conservative woman of faith that has called for this clear failure of ethics,” Jellison said.
While saying she wasn’t seeking special privileges, Jellison told the election board that she believes in impartiality and due process, and they should acknowledge the “ethical violations” and “improprieties” committed and strike Saunders’ challenge.
Several residents spoke on Jellison’s behalf, including Realtors Amy Walton, Kyle Tom and George Marchbanks. Other supporters included Adam Blanton, Richmond Police Department’s assistant chief. RPD Chief Kyle Weatherly read a letter from former Wayne County Sheriff Matt Strittmatter, who couldn’t attend.
Some speakers said voters should have the final say on Jellison’s qualifications for office, and that the challenge would discourage Jellison and other new potential candidates from running for office in the future.
Walton said Jellison had been focused on raising her family and building her career and was now entering a phase of life where she could get involved to improve the community.
Saunders digs in
Late in the hearing, Jellison asked Saunders if he would approve her candidacy. He said he would have, if she had come to ask him earlier.
However, Saunders said he now could not do so in good conscience because of the threats and intimidation that he has received and “people trying to try this on social media.”
Jellison said she thought intimidation was “a strong word.”
Taylor asked how many females Saunders had approved for the ballot. Saunders said he had never been asked.
“There’s a lot of accusations going on here today,” Saunders said, noting he’d follow whatever the election board decided. “… I do not like to be bullied or intimidated to the point that this has gotten.”
Don Bates Jr. said he attended the hearing as an observer. He could sympathize with Jellison since he’d been a new candidate before as well, running for Congress in 2012 and Indiana treasurer in 2024. However, Bates said he also was “deeply offended that our county chair got accused of being a bigot.”
Bates said that even if Jellison is new to elections, her advisers know the election process, and said he was confused about the central issue because most of the hearing had centered on whether she filled out the form incorrectly and not her voting record.
The election board wasn’t swayed by Jellison or her supporters.
New GOP member Bob Coddington, who replaced Clay Miller because Miller is running for judge, said the board took the challenge very seriously.
Berry said Coddington came to her office a couple times to review materials before the hearing and did very well at learning the process. Coddington is a former Wayne County auditor.
Coddington said his research showed that election codes are enacted by state legislators.
“They’re not guidelines, they’re not suggestions, they’re not recommendations — they’re law,” Coddington said.
Former Richmond Common Councilor Jeff Locke was the Democrats’ proxy on the election board because Maggie Thomas couldn’t attend the hearing. Berry said Locke is well versed in politics.
“As Democratic representative, I’m not privy to who said what or who didn’t do what,” Locke said. “All I can do is go by Indiana code.”
Berry also voted in favor of the challenge, making it a 3-0 decision.
Appeal window closing
Berry said it’s unfortunate to have challenges because it’s important to encourage more young candidates of both parties to run, but the law is in place for a reason and it’s the process the board has to go by. She also said Saunders has been consistent in filing challenges.
Berry told Jellison that she could appeal to the circuit court, and if she chose to do so, Jellison could meet with Berry at her office, where she would give her some helpful information. Jellison has 30 days from the hearing to appeal.
Time to make further changes is running short. Absentee voting begins April 9.
Making a change to the ballot with short notice wouldn’t be unprecedented. In 2015, a Richmond mayoral candidate had to be disqualified after moving out of the city. A small number of ballots had been sent out and ballots had to be reprinted.
Berry told WWN that Jellison could also file as an independent before noon July 1.
A version of this article appeared in the March 6 2024 print edition of the Western Wayne News.