Council candidates cleared of claims
Board dismisses complaints about restaurant discount swaying voters
Three St. John town council candidates were cleared Saturday of allegations they induced voters by promoting a restaurant discount, but Lake County election officials may continue a probe into the offer itself.
Paul Panczuk, Wayne Pondinas and Bryan Blazek, who are all Republican town council candidates in Tuesday’s primary election, allegedly sought to sway voters into supporting their campaigns by promoting the 20 percent discount a St. John restaurant offers for people who went to the establishment and showed proof they cast a ballot
The complaints were filed by current members of the St. John Town Council.
The Lake County Board of Elections and Voter Registration dismissed those allegations Saturday.
“This is a very serious charge,” election board member Dana Dumezich said. She said that it could constitute a level 6 felony.
Panczuk said the three were happy the board dismissed the complaints and that their campaigns continue without the allegations looming over them.
“Now, we’re just looking forward to the election,” Panczuk said.
Though the election board tossed the complaints against the three candidates, members plan to ask the restaurant to stop offering the dining discount to voters and could consider action if any election laws have been violated.
“I think further investigation is warranted,” said Dumezich.
J. Justin Murphy, an attorney representing the three candidates, said the board should dismiss the complaints because the men did not have anything to do with the restaurant discount. Murphy said the three men did not speak with the restaurant about the discount and do not have any stake in the business.
“This restaurant is making the advertisement,” Murphy said.
Election board attorney Michael Tolbert said he did not see anything that led him to think that the candidates offered to pay for votes or offer anything in exchange for people voting.
St. John Councilwoman Ljubia “Libby” Popovic said the board shouldn’t dismiss the complaint, and have its attorneys investigate the allegations to get more facts about the situation.
“There is additional investigation that needs to be completed,” Popovic said.
Murphy said it is clear his clients did not have anything to do with the discount.
“You shouldn’t taint their candidacy,” Murphy said.
The complaints against the three St. John candidates were among a group of 12 the election board reviewed Saturday.
A complaint against Democratic Gary mayoral candidate Jerome Prince, who is also the county assessor, alleged that a letter sent to city residents did not have a disclosure statement and appeared to have been sent by Prince in his official capacity as assessor.
Nick Snow, an attorney representing Regina Cossey, who filed the complaint against Prince, said he saw two issues with the letter: it did not disclose who paid for and sent the letter, and that it purported to be “from the desk of the Lake County assessor.”
Attorney Darnail Lyles, who represeted Prince, said it was “inadvertent” that the disclosure was not included on the letter. Lyles said many candidates who are serving in an elected position use their title in campaign literature, including Gary Mayor Karen Freeman-Wilson.
“There’s weight to those words,” Snow said. “I think it’s significant enough for the board to raise a question.”
Lyles said the letters were paid for by Prince’s campaign and he provided the board with a receipt for the job.
The board agreed it did not appear Prince used his county office to create or distribute the letter.
“The resources of his office were not used,” said board member Michael Mellon.
But the board did fine Prince’s campaign $100 for failing to make the disclosure on the letter.
The board also dismissed two complaints against Hammond Councilman Anthony Higgs, D-3rd. One complaint, filed by Higg’s competitor Barry Tyler Jr., alleged that the sitting councilman used city funds to pay for a campaign mailer, and a second, filed by the Hammond Firefighters Political Action Committee, claimed Higgs made threatening remarks to its members while they campaigned for Tyler.
Higgs told the board that the campaign mailer was not printed correctly and that his campaign did pay for the postcards.
Higgs said the mailer was supposed to highlight improvements to Martin Luther King Jr. Park, which were paid for with gaming funds.
Tyler said he heard from many residents who were concerned that the councilman misused city funds.