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Politics · Cincinnati

Indiana Secretary of State race tightens as legal disputes and ad wars escalate

A $60,000 donation dispute and a driving record ad are driving litigation in the final days before the November 3 election.

By Marco Whitaker ·

Illustration for: Indiana Secretary of State race tightens as legal disputes and ad wars escalate
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The race for Indiana’s secretary of state has entered its final stretch with legal challenges and costly advertising campaigns. Polling indicates a tight contest between Democrat Beau Bayh and Republican Max Engling. Democrats aim to claim the office for the first time since 1994, when Joe Hogsett served as secretary. Republicans are working to retain control, bolstered by endorsements from President Donald Trump and Vice President J.D. Vance.

Independent candidate Greg Ballard filed a lawsuit earlier this month targeting the Indiana Election Commission. The suit seeks a meeting to hear campaign finance complaints, including a $60,000 donation to Engling that was quickly returned. Ballard also cited undisclosed events attended by Bayh. The commission has not met since July and does not have a scheduled meeting until late November, after the election. A judge ruled on Monday that Ballard did not show a likelihood of success at trial. The court stated that granting a preliminary injunction could harm the integrity of the election process.

Ballard argued that the commission’s inaction undermines its authority. He urged Governor Mike Braun to compel a meeting. Ballard has also proposed a voter guide and a system to pre-register 17-year-olds. He suggested replacing the commission’s party members with independent judges. Engling threatened to sue Bayh over an ad targeting his driving record. The ad features Deputy Chief Scott Robinett stating Engling was convicted of reckless driving. Engling has speeding tickets but no criminal reckless driving charges.

Engling said in a statement, “Beau Bayh is asking Hoosiers to trust him with an office responsible for transparency and public confidence, while running an ad that lies about my record.” The ad also features an endorsement from Sen. Greg Walker, a Republican who was primaried by Trump. Walker said, “I’ve never backed a Democrat before, but Beau Bayh is different.” This reflects internal Republican tensions, as former candidate David Shelton criticized the party’s direction. Shelton, who filed a finance complaint against Engling, said he would assist Bayh in auditing the office if elected.

Candidates are also focusing on election integrity under current Secretary of State Diego Morales. Bayh advocates for an independent audit, while Engling believes the Inspector General can handle an internal investigation. Engling insists he alone has held the office accountable by defeating Morales at the convention. All candidates reference a report showing 21 instances of noncitizen voting in Indiana. Engling supports new driver’s licenses that identify non-voting eligibility, aligning with the SAVE Act. Libertarian Lauri Shillings called these requirements an undue burden.

Bayh questioned why the state has not prosecuted the 21 known cases of voter fraud. Attorney General Todd Rokita announced last week that he is working with the Vigo County prosecutor to charge an alleged noncitizen who voted in six elections. Bayh stated he believed the prosecution occurred due to his comments. He noted, “Out of millions and millions of votes cast, 21 instances prove that it's a relatively rare occurrence. But there has to be repercussions when we do find it.”

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