Report From The Trail

No, not the Adirondack Trail, sadly. I'm so glad we took the family trip to the Adirondacks in August, because rumor is I will get to sleep a little bit over the next two months. It's just a rumor so far.

That's good, though! It means I'm very busy campaigning and sitting down with the media.

Tuesday: Met with the Indy Star Editorial Board, comprised of columnists Jane Lichtenberg and Dan Carpenter, plus Editorial writer Tim Swarens. This went very well. Carpenter has developed a keen interest in ballot access issues, and I have plenty to say about that. All three were interested in my position on the gerrymandering of districts in Indiana. I almost felt that the time wasn't contentious enough. Could it mean an endorsement? I'll be eager to see what is fit to print in the Star's candidate guide.

I later met with Nikki Kelly of the Fort Wayne Journal Gazette, down in the Statehouse basement. She really covered a lot of ground with her questions, including much about my reactions to the current Secretary of State's performance, recent press conferences and statements. I had some fun commenting on the Securities Division's new Newlyweds' Guide. I will also look forward to see what Ms. Kelly writes as the election draws nearer.

That evening, I attended a sloppy joe supper to benefit the Concerned Citizens of Home Place, who are fighting Carmel's unwanted attempt to forcibly annex the area. Isabel was a big hit eating sloppy joes. I was delighted to see Matt Milam wearing an NK Hurst "I Helped Save The Bean Plant" t-shirt. He gets the correlation between forced annexation and eminent domain abuse both as affronts to property rights and self-determination. Met many residents who were pleased to know that there are candidates who support their position. Also ran into David Orentlicher, the Representative for House Distrct 86. I had a great conversation with him, asking if he would be willing to sponsor legislation outlawing the practice of forced annexation in our state, and he said that he would! I would love for Libertarians to back David and any other legislators who will sponsor such law, as we did with the eminent domain law put forward by Dave Wolkins in the House and Senator Jeff Drozda.

Wednesday: Comcast was taping candidate presentations that will be aired systemwide on a program featuring the candidates who will be on the Marion County ballot. With my radio background, I'm always confident in my spoken delivery. TV's a different game, though. On my first take, I was a little too focused on my TV delivery and tripped over a word. I felt the overall result was 95% right, so I asked if I could do a second take. Comcast agreed, so I ran through again. I really nailed it this time. Problem was, the videotape ran out as I finished my last sentence! This brought huge laughs in the studio, and I was given another take, which I was happy with.

The Indy Chamber Hob Nob event happened later in the evening, and unfortunately, it was crafted to spotlight the candidates for Marion County Prosecutor. It's an important position to be sure, but the narrow focus on the few contests that are extremely close leaves me flat. The other offices are no less important, and with the focus off so many races, the public is missing out on important and interesting dialogue. The opportunity to meet Chamber business owners and so many media personalities cannot be topped. I really enjoyed speaking with and campaigning to these folks. I met the Democratic candidate for SoS for the first time, which is pretty astonishing when I think that I've been to nearly 200 events. Actually, I encountered would-be Green Party candidate Bill Stant more times this year than the 'D' and 'R' combined: 3 to 1.

After the Hob Nob, I joined the monthly Libertarian After Hours party a few blocks over at Bearno's. There was still a group of about 15 left when I got there, and conversation covered a wide range of topics, from Iraq to religion to all the nutty conspiracy theories proliferating about the events of September 11. We could really distribute a lot of tinfoil hats, I'm afraid.

Side Note: I was really disappointed at two things that happened at the Hob Nob. Someone made off with my display of golf balls towards the end of the night, even though I posted a sign saying that they were for display only. Also, someone trashed my display, using Democrat Joe Pearson's materials to cover all of mine. I have no belief whatsoever that any of Joe's people did this. I don't get why supporters of one political party would do something as childish and cowardly as to trash the materials of the candidates of two other parties. It really speaks poorly of whomever did it. This was the first time that anyone has treated me with disrepect on the trail in over two years of campaigning. I was really surprised and disappointed.

Busy Two Days

Tuesday and Wednesday will be very busy and important days for the campaign:

Tue 9/12, 10am: Meeting w/ Indy Star editorial board
Tue 9/12, 1pm: Meeting w/ Fort Wayne Journal Gazette
Wed 9/13, 10am: Taping for Comcast (Central IN) Candidate Show
Wed 9/13, 5pm: Indy Chamber Hob Nob

I'll be working to earn the endorsement of the newspapers in these meetings. The Comcast taping is for a 2-minute presentation that will be shown repeatedly on the candidate show that cable system is airinig frequently in the run-up to the elections. The Hob Nob is one of the biggest political events of any election season, with more candidates for office from central Indiana in one room than at any other time.

I'm glad that I've pretty much gotten over the cold that has dogged me over recent days. Nobody presents well with the sniffles and a nasal voice. I will present well tomorrow and Wednesday!

Update: Add to Tuesday's line-up a visit to the Sloppy Joe Supper fundraiser held in support of the Home Place property owners fighting Carmel's attempt to forcibly annex them. 5:30-7:00pm, at the Orchard Park Presbyterian Church at the corner of 106th & Westfield.

Libertarian Candidate Tracker

The national Libertarian Party has a new feature on its website, the Candidate Tracker. It ranks all the Libertarian candidates across the country in terms of their activity, scoring based on funds raised, public appearances, TV & print article appearances, and others.

Currently, the Kole Campaign is ranked #2 in the country! Click here to check the Tracker! Dr. Eric Schansberg, candidate for US Congress in Indiana District 9, is ranked #4.

Cambridge City Report

It was a Sunday afternoon delight to be among Wayne County Libertarians, including several candidates for office, marching in the Cambridge City Days parade. Among the local candidates: Cheryl Heacox and Marvin Heacox, both running for Township Board; Rex Bell for Indiana House 56; Jon Bell for Indiana House 54.

About 20 Libertarians marched and handed out candy to kids along the route. For my part, I ran back and forth across the National Road (US 40) and shook hands with everyone.

Big thanks to Rex Bell for the invitation to march, and to Ray Blevins and Marvin Heacox for carrying my banner along the route!

Shakin' Hands Flu

Sooner or later, I knew this would happen. If you shake hands with 1,000 people on any given day, you run the risk of picking up a cold. The law of averages finally caught up with me, and I now have Candidate Flu. Fortunately, I do not have any events planned for the next two days, so I can rest. The upside is that I have time to fill out more candidate questionnaires.

Fort Wayne Notes

Another day, another garage sale. This time, the Allen County Libertarians staged a sale at Foster Park. Turnout was very heavy with many deadly serious bargain hunters at work. I was able to talk politics with many inbetween finding deals.

TV-15 WANE sent a camera to cover the event, and aired segments in the afternoon and evening.

Jack Evans ran an excellent kitchen! I bought some of his homemade blueberry-lime jam!

Many thanks to Doug Horner, Jack & Hilary Evans, Mike & Karena Sylvester, and Mike Stacy for inviting me to this event!

Hagerstown Report

Rex & Susan Bell hosted their fifth annual garage sale this weekend, and it was another large event. The areas on and around SR 38 through Henry and Wayne Counties have huge garage, yard, and barn sales, and the Bells take part, with the whole extended family.

With Hannah and Grandpa Rex Bell. Love Hannah's onesie!

I was relieved of cotton candy making duties this year, and left just to greet bargain hunters and discuss Libertarian politics with those so inclined.

Many were so inclined. Many cited disappointment with the Republicans since Mitch Daniels took office. They repeatly expressed the expectation that taxes would be lower. Many pointed to the big cash windfall from Major Moves and the eagerness to spend it, rather than return it to the taxpayers. I spoke less here than at any event in recent weeks. I didn't have to. I just kept listening and nodding in agreement.

Actually speaking, with folks from Henry County. Thanks to Rex for the picture.

The Wayne County Libertarians have always done well at the ballot box. I expect that will continue this November, with their best returns ever.

Big thanks to Rex & Susan, Ross, Gayle Bond, Cheryl & Marvin Heacox, and everyone else. I appreciate the consistent effort of the Wayne County folks, and appreciate their support of my campaign as well!

Campaign Issues

Naturally, I use this blog to state my positions on many things. Some relate to my campaign for Secretary of State, many do not.

For the most concise look at my positions that relate to my campaign, please go to my Campaign Issues blog.

At that location, I have definitive posts on issues regarding the duties of Secretary of State and the policy directions I would take towards being accountable and responsible with taxpayer dollars. There are several issues I would champion as the state's chief elections official towards having elections with the utmost integrity.

These will be updated through the remainder of the campaign, so be sure to check the page regularly!

The Difference Between Libertarians and Republicans

Sometimes people ask me what the difference is between Ls and Rs. Both claim to be fiscal conservatives, so what would a Libertarian do different if elected to a position such as Secretary of State. After all, that office is not legislative. It cannot raise a tax.

That is true. What is also true is that the office has a budget, so it spends tax money. The Secretary of State interprets its' statutory obligations and sets policy accordingly. The current Secretary of State is a Republican. I am a Libertarian candidate for Secretary of State.

My objective would be to consume only 90% of the budget allocated to me, and to return the remainder to the taxpayers. I believe this should be the goal of every elected official who heads a department and commands a budget.

Also, as chief of the Securities Division, I would never have authorized publication of a 12-page glossy booklet called, "Money Skills For Newlywed Couples". While the info contained is sound, (it is essentially a reprint of a lengthy Kiplinger's article,) and it is plainly a good idea for married couples to have financial goals and plans, it is not the proper role of our state government to provide this kind of service. This is where Libertarians and Republicans differ. The booklet was produced under a Republican.

The booklet notes that, "The Investor Education Program and the creation of this brochure were funded with proceeds from investment fraud legal settlements".

I believe that the proceeds from investment fraud settlements should go entirely to those defrauded, not towards producing glossy booklets with the office holder's name prominently displayed. Investor education is the responsibility of the investor.

Republicans may talk about being fiscal conservatives, but when the rubber meets the road, they expand the scope of government and its' activities, which is the antithesis of fiscal conservatism. SOS press release for the booklet.

To be fair, I've never heard the Secretary of State describe himself as a fiscal conservative. Maybe it's not on his radar.

So, if you want the Secretary of State to contribute to smaller government, there are two choices out there- Republicans and Democrats. Those who want smaller government need to vote for me, Mike Kole, for Secretary of State.

Finding A Way To Survive

I was in Franklin, the Johnson County seat today doing business and I picked up a newspaper for my lunch read. I noticed the headline immediately and began to read the story about Don & Dona's, a restaurant that became a private club in order to continue to allow their patrons to smoke. I knew where I would be eating lunch.

I'll always eat where the 'Don't Tread On Me' flag flies!

The owner, Mary Barnaby, concluded that Franklin's smoking ban would severely damage her business, so she looked for ways to survive. She decided to change Don & Dona's to the D&D Club, a non-profit, private club. From the Johnson County Daily Journal report (paid subscription required):

The restaurant is incorporated under Indiana's nonprofit statute, which would be evidence it is a private club, city attorney Rob Schafstall said.

It looks like Barnaby hired a Libertarian as a design consultant. The striped "Don't Tread On Me" flies outside the entrance and is for sale inside. Quotes from Thomas Paine and Thomas Jefferson on freedom line the walls and display cases. Barnaby gets that this is a property rights issue.

"So, the future looks bright. All of our members are like-minded people. They get the picture, and it's called free enterprise," Barnaby said.

I joined the Club. Here's my card. I don't smoke. I give my support.

Barnaby knows her business and her customers. She made a decision that would help her survive. If only the town councils would fully consider the effects their laws have on small business owners!

Smoking bans have swept Indiana this year and last, with laws being passed in Franklin, and also Bloomington, Greenfield, Greenwood, Carmel, Indianapolis, and others; and considered in Fishers, Angola, Jefferson City among others.

The health aspects of smoking are not in dispute. The right of the property owners to set their own policies within their four walls is in dispute. I favor the owner's right to decide. The patrons and employees also have the right to decide whether or not to work or eat there. Republicans and Democrats alike are enacting these bans in disregard for the property rights of the owners.

Next time you are in Franklin, stop by the D&D Club. I had their huge pork tenderloin. Show your support for small business and property rights!

Debate Season Underway

I have learned that the first debate for Indiana Congressional District 9 wil take place tonight in Bloomington. It's a closed event, but you can see Libertarian candidate Dr. Eric Schansberg mix it up with Mike Sodrel and Baron Hill. Kenn Gividen and the other candidates for Indiana Senate 41 are working to stage a debate at Franklin College.

As for myself, there is a Secretary of State candidate forum- not exactly a debate- scheduled for September 26 in South Bend. Kole's September calendar.

Trail Photos

I recently stopped at IUPUI for a student community involvement event. Civic groups and campus groups such as the IUPUI campus Libertarians participated.

Dan Drexler & I gave the World's Smallest Political Quiz to see where students plotted on the political spectrum. IUPUI is a commuter school, so we weren't terribly surprised to see that fewer students placed in the left/liberal area, and more centrists. Plenty of Libertarians, most of whom signed up for the campus organization.

Thanks to Ben Rubin for the pics, and to prof Cindy Kirkpatrick for her work with the IUPUI students and the invitation!

Election Follies, Part 13

Didn't think the Attorney General could get involved in wacky behavior regarding elections, that it was the domain of the Elections Division and the Legislature? Think again. Apparently everybody wants a piece of this action.

A pronouncement has been made regarding automated phone calls from political parties and candidates: they're illegal. From the Indy Star report:

Attorney General Steve Carter warned the political parties today not to make automated phone calls to voters -- a traditional election year practice by both Republicans and Democrats.

Carter, a Republican who ran for attorney general in 2000 and 2004, said the practice violates a 1988 law prohibiting automated calling devices.

What I thought I knew was that the ban was not extended to political calls, as there would not have been broad Statehouse support, and that it would certainly bring a Constitutional challenge.

This important news to me, because I was considering using automated calls myself. My plan was to use them as a get-out-the-vote tool with Libertarian Party members, supporter, and contributors, along with Kole Campaign supporters and contributors.

So, how did I learn of this important news? From the Elections Division? From the Secretary of State's Office? From Attorney General Steve Carter?

No, I learned it from Mary Beth Schneider, in her Indy Star report:

Carter said he sent a letter on Aug. 22 to the chairmen of the state Republican and Democratic parties to inform them of the law. He did not send the same warning to businesses, he said, nor to the Libertarian Party.

Asked why he singled out the two major political parties for this kind of warning, Carter cited the upcoming election season as well as increased public concern about telephone privacy.

What was keeping Carter from sending a message to the Libertarian Party? Did he run out of stamps? Maybe the printer ran out of paper or toner? Did someone cut his phone line? Maybe Carter should look into that and then learn how many political parties are on the ballot in this state. Here's a hint: It's slightly more than two.

First, I want to see the law. I'm not convinced that any of the laws on the books apply to political parties or candidates. Show us the law.

Then, I want to know how the kole Campaign sending automated calls to Kole supporters violates the privacy of people who want me to be in contact with them, and who gave me their phone number so that I could do so.

Lastly, I'd like an explanation on how the First Amendment doesn't apply to political phone calls. Political speech is crucial to a free society.

Update 8-30-06: I was reacting to Mary Beth Schneider's preliminary report. She followed up and included my comments in her subsequent report:

While Carter sent a letter to Parker and Clark warning of the 1988 law, which carries a penalty of 60 days in jail and a $500 fine, he did not send a similar warning to other political parties.

The Libertarian Party, he said, didn't have the resources in his experience to pay for such calls.

Actually, we do. It was also Carter's experience in 2004, 2003, and 2002 that the parties were making automated calls. Why the sudden interest? He's been on the job six years. More:

That surprised Mike Kole, the Libertarian candidate for secretary of state. He'd planned to use such calls to encourage people to vote for him on Election Day.

"I cannot imagine that my supporters and contributors would feel violated by these calls," Kole said. "Who exactly is this supposed to protect? The people or incumbents?"

This is like taking auto-nailers away from framing carpenters. Sure, you can go back to hammers, but it is more time consuming and costly that way.

Maybe that's what Carter really has in mind.

Katrina Anniversary

I know this is nothing to do with Secretary of State, but sometimes significant evetns warrant discussion whether or not the office being sought has anything to do with it. Certainly people ask me about things that have nothing to do with SOS more than to do.

Much is being made in the media about Hurricane Katrina having happened a year ago. Much should be made about it. This is a classic example of huge numbers of citizens not taking responsibility for the choices they make in their lives.

If a home's ground floor elevation is below sea level, and the area has a hurricane season associated with it, the only reasonable expectation is that disaster will that home.

I do not think that living in such areas should be banned, as some are calling for. I hold that anyone can build and live where they choose, so long as they accept full responsibility for that choice. One who chooses to live in such conditions had best get a solid insurance policy and have a solid evacuation plan. Anything less is poor planning.

The people of the region are victims, but mainly of their own poor planning. The unheralded victims are the people who live outside the Gulf. These are the people who are paying, via FEMA, for the poor planning and lousy decisions made by too many in the Gulf.

It's getting worse. Notice how with Ernesto, a weak tropical storm so far, FEMA and governors around the Gulf are over-reacting. They don't want any part of the negative PR FEMA and the President took last year.

In fact, this was an opportunity for the President to be an advocate for self-responsibility and fiscal conservatism. It's understood that people buy land without thinking of all the possible consequences. But with Katrina, there was a real example, and a chance to change FEMA's role forever.

The President could have, and should have said to the country, "We will pay for you to rebuild a home. If you build it where it once stood, you take full responsibility should disaster strike again. We will not rebuild these areas a second time. FEMA's role is to assist in disaster, not to justify and forgive bad decision making, and certainly not to relieve anyone from thinking and planning. Choose carefully this time. This is the last FEMA bailout, ever. If you live in other hurricane magnet areas, in tornado alley, on a steep cliff where the waves are undercutting, or any other place with obvious risk, it's time for you to get insurance and to make a plan."

Alas, President Bush and the Republicans are just as committed to the perpetuation of big government as the Democrats.

Travel Log

Very early on, I thought I should keep a milage log. I wish I had. It would be interesting to see the numbers at this point, as I began campaigning in September 2004, first working to secure the nomination of the Libertarian Party, then to reach the voters of our state.

Thus far I have visited 27 counties, reaching the corners of the state, including all nine Congressional Districts. I have visited many of these locations on multiple occasions, with some of the furthest counties from home being the places I seem to land the most, such as LaPorte County, and also Allen and Wayne.

With 70 days left, this exceeds the reach of any previous statewide Libertarian campaign. In the remaining 10 weeks, I'll visit plenty more counties and meet many more voters. I'll look forward to meeting you on the trail, too!

September Calendar Filling Up!

I've been promised a busy home stretch into Election Day by my campaign manager Rob Place, and it's definitely getting there. We're filing the calendar with solid events.

Thus far, there are nine events on eight dates, taking me to Wayne County three times, and also up to South Bend. That's not a huge number, yet, but the events are excellent. It seems we add two every day!

Three of these events will have winning an endorsement in mind. Another will put me in front of TV cameras. There is even a Secretary of State candidate forum, which was somewhat unexpected given that there weren't debates for the candidates in 2002.

It is not too late to schedule an appearance. County Chairs and supporters should contact Rob Place to make the appointment. In the meantime, check the schedule like they vote in Chicago- early and often.

Kole Campaign Schedule

Kind of a skinny week, which is okay, as there are many big events coming up in mid-September, and it frees me up to make the necessary fundraising and team-building phone calls.
This week's events include:

Tuesday, Aug 27, 11:30-1:00pm: IUPUI Fall Service and Involvement Fair. Libertarians will have a booth, and I will stop by. The fair gives students the opportunity to find meaningful extra-curricular activity, and it's hard to top working for liberty.

Saturday, Sept 2, Noon- 2pm: LP of Wayne County's 5th annual garage sale. The Rex & Susan Bell give Libertarians the opportunity to part with unwanted stuff, and the good people of Wayne and surrounding counties to buy same at bargain prices. They had me make cotton candy last year. No telling what they might put me up to this year! Event runs all day Saturday and Sunday, at 17059 State Road 38, Hagerstown.

Pink sugar. The kids love it.

Great Indy Star Editorial on Restricted Ballot Access

The Indianapolis Star made note again today of how Indiana's election laws stifle participation in the electoral process, by beating down qualified and eager candidates, thus reducing choices for the people of our state. From the Star editorial:

State officials take pride in efforts they've made to tighten the gears of the election process, and they've had plenty of incentive by way of mandates and funding under the federal Help America Vote Act.

Unfortunately, a couple of little-noticed tweakings have cost voters some choices in the November balloting.

This should prove to be a temporary hitch. However, ballot access will remain an issue in Indiana as long as the state retains one of the nation's highest barriers to third-party participation.

Eleven Libertarian Party candidates for Statehouse offices were denied certification by the Indiana Elections Division because their party failed to state in writing with 10 days' notice that it intended to fill vacancies on its ticket.

The ongoing writing of new election laws, essentially more meaningless hoops to jump through, assures that some candidates will be barred from the ballot, as happened here. Observe that election law is written by Republicans and Democrats. Think maybe they have a motivation to keep some Libertarians off the ballot?

Given the dearth of interest and competition in the electoral process, it's a shame to see a dozen aspiring public servants sidelined. Hopefully, lessons have been learned and the T's will all be crossed in future elections.

Meanwhile, though, a much larger problem, the prohibitively high number of signatures required to attain ballot status, continues to be accepted by Democrats and Republicans alike. This means security for the two big parties; intense pressure on the Libertarians to fixate on the secretary of state's race, which determines who stays on the ballot; discouragement of other parties and independents; and reduced selection available to citizens. Why not add that big job to the election fix-up list?

So, yes, Libertarians have learned some lessons. We'll probably nominate all our candidates for Statehouse office at conventions from now on, and we'll hire legal counsel to review election law every year for new hoops to jump through. While the public did clamor for election reform, this is what you got. Is this reform, really? Does anyone feel that they were in some way protected from shady behavior?

Unless the public begins to clamor for fuller ballot access, election reform will merely amount to increasing mountains of paperwork and bureaucratic snarl, which only prevents little guys from running. The Ds & Rs can afford to burn dollars attending to this nonsense.

I am grateful that the Star has taken notice and is pointing out what Libertarians have been saying for years- the Ds & Rs act like two business giants engaged in a relative duopoly, and are guilty of collusion, and actively work to exclude other competitors. It's illegal in business, and should also be in our elections.

Voting for me will help send the message to Ds & Rs that you want more choices on the ballot. See my campaign website for more positions on elections.

Putting The 'Fun' in Fundraising

Big thanks to Todd Singer for hosting a fundraiser for me at the Taj Majal of bowling alleys, Pinheads in Fishers. We bowled in a private four-lane suite with theatre screen TVs, sofas and easy chairs, and a cool musical selection. Supporters came from Marion, Hamilton, and Hendricks Counties.

Two favorite moments- We badgered LPIN State Chair Mark Rutherford long and hard into bowling, mainly because we wanted a picture of a guy bowling in a business suit. Wouldn't you know Mark threw a strike! No warm up, just dead-eye accuracy.

Like Barry Bonds after a home run, Rutherford admires his strike.

Alex cracked everybody up with his calculated five-bumper strike. Here's the suite with the giant TV screens above the pins.

From left: Jo Coleman, Eric Barnes, Todd Singer, Mike Kole, Mark Rutherford, and bowling champ Kevin "Jerry" Hood


Marion County Treasurer Eric Barnes presented me with a check for $500

I appreciate the support from the bowlers and non-bowlers who attended tonight, and again, thanks to Todd Singer for a great event!

Campaign Calendar

Here are the upcoming events. If you are in Central Indiana, or Southern Indiana in the Lousiville area, these will be of great interest to you!

Thursday, 6:30pm, Fishers: Bowling fundraiser at Pinheads- 13825 Britton Park Rd, in the southwest corner of 141st & SR 37. $30 for an individual, or $100 for a foursome. Don't worry if you didn't RSVP for this- just show up! Family fun in a smoke-free environment... policy by owner's choice! Big thanks to Todd Singer for putting this event together!

Saturday, 2:00pm, Corydon: Art Fair in Corydon, Harrison County. I'll be shaking hands and talking politics. Come out and say hello and meet Harrison County Chair Dennis Stork.

Saturday, 4:30pm, Sellersburg Celebrates event: Libertarians will have a booth, and I'll be there for the usual campaign activities with Greg Hertzsch and other Libertarians. See us there!

Be sure to check the Kole Campaign calendar for events near you. If you would like to host an event, please contact Rob Place to schedule it!

Election Follies, Part 12

I think every Hoosier wants our elections and their process to have integrity. That's not going out on a limb. So, it's bothersome to find a lack of integrity and injustices throughout the electoral process.

Part Twelve is a follow-up to Part Seven, from LaPorte County. This one follows the Orwellian "all animals are equal, but some are more equal than others".

In my original post, the LaPorte Libertarians pointed out that in 2006, as in 2003, the Republicans failed to even file a CFA-4 form, as required by law. To be fair, the Dems also failed to file the required CFA-4 in 2003. It is worth recalling that the Republicans and Democrats wrote the law that requires a CFA-4. It is also worth recalling that the Indiana Elections Division is refusing to certify eleven Libertarian candidates this year, because even though forms were filed, and on time, a procedural step was missed.

Greg Kelver, in front of the Libertarian booth at the LaPorte County Fair

So, the Libertarians filed a complaint seeking the maximum fines to be imposed on the GOP. The fines are $50/day late, with a maximum of $1,000. As the forms were roughly 150 days late, it would be a $1,000 fine.

So, was the maximum fine imposed? From the Michigan City News Dispatch report:

LaPORTE - The LaPorte County Republican Party on Monday will not be penalized for not filing a pre-primary campaign finance report by the April 17 deadline.

The Board of Election Commissioners took no action in a brief meeting at the county courthouse. The meeting was called after the LaPorte County Libertarian Party complained that the Republicans had not filed its report.

So, why wasn't a fine imposed?

Election Commissioner Gary Davis said he thought it was good the Election Board was meeting to address the issue.

“I really feel like, if it's an intentional thing, then certainly that would be a different issue, but it's a mistake that both parties made last time,” he said.

and

The local GOP leader promised no repeats of the oversite.

“I guarantee it will not happen again on my watch. We're guilty; there's no question about it, but it was not intentional, we're volunteers and we're doing the best we can,” Pendergast said.

So, when the GOP mistakenly flubs on the basis of doing the best it can, that's treated with kid gloves. When the LP mistakenly flubs on the same basis, that warrants a death sentence because the law is the law. Also, if one party makes a mistake, the others are justified in future mistakes.

Anyone see an injustice here? How about a complete lack of integrity?

I call upon the Indiana Election Commission to do one of two things:

1. De-certify all Republican candidates who were not filed properly in Indiana
2. Certify the Libertarian candidates who were not filed properly in Indiana

Whatever the Commission stands by, it must be consistent. Otherwise, the Commission lacks integrity and stands for injustice.

Update, 8/24/06: The Michigan City News Dispatch ran my letter, along with one from Karen Wolf, about the unequal treatment. It also ran an editorial taking the LaPorte County Election Board to task for the kid gloves treatment. Curiously, neither of these features are available on the paper's website. Greg Kelver of LaPorte advises me that he will send a scanned pdf file of these items.

News Release

I was pleased that Pat Bauer brought up the idea of putting the BMV under the authority of the Secretary of State. Naturally, I have thoughts on the subject, and have issued a news release with my statements on the subject. It is as follows:

August 22, 2006 Contact
For Immediate Release Rob Place 317-776-1042


Mike Kole Interested in Bauer’s BMV Proposal

Direct Accountability to Voters is Good Government


Fishers, IN- Libertarian candidate for Secretary of State Mike Kole found his curiosity piqued by Pat Bauer’s recent proposal to place the BMV under the direction of the Secretary of State’s office.

“There is a lot of dissatisfaction with the BMV right now, and when that’s the case, people notice that there isn’t direct accountability to the voters,” said Kole of the appointed position of BMV chief.

Kole considered that the idea that this might merely be an election season stunt.

“Even if Mr. Bauer is just making an issue in a known sore spot like the BMV’s recent performance, it’s a fact that the more accountable government can be, the more efficient its service will be. I think it’s always worthwhile to look at how services are administered, and if we can make the BMV directly accountable without adding any new bureaucracy, it’s worth considering,” said Kole, adding, “I don’t think it would be that great a burden for competent management to add the oversight of the BMV to the oversight of elections, business services, and securities.”


Kole was amused at the source of this concept.

“I didn’t know Pat Bauer was the Democrat running for Secretary of State,” he quipped.


Mike Kole’s campaign themes are Integrity, and Accountability.

#####

A high-resolution headshot photo of Mike Kole is available upon request.

Mike Kole is available for comment. Call Mike directly on 317-709-3874 to set up an interview.

Mike Kole’s media presence includes his campaign website: www.mikekole.com, and his blog, “Kole Hard Facts: www.kolehardfacts.blogspot.com.

Pat Bauer, BMV, and Secretary of State

An interesting missive was issued by Pat Bauer and the Indiana Democrats today. From the press release:

House Democratic Leader B. Patrick Bauer today called for the operation of the Bureau of Motor Vehicles to be placed under the direction of the Secretary of State instead of under the Governor’s Office.

Bauer explained his rationale during a Monday afternoon press conference at the Virginia Avenue BMV branch in Indianapolis.

“Our neighboring states of Illinois and Michigan already have placed operation of the BMV under the constitutional office of the Secretary of State, and I propose Indiana follow suit,” Bauer said.

You know, because Illinois and Michigan lead the way. Scary.

Anyhow, I like the idea of a BMV chief that is accountable to the voters, although right now, if you don't like the BMV, you can un-elect the Governor. In the Indy Star report, the incumbent SOS blew the idea off:

Secretary of State Todd Rokita, a Republican, dismissed the minority leader's plan as election year antics.

I found Bauer's stunt interesting. At first blush, you would guess that Bauer was trying to give the Democratic SOS candidate a little fuel, because he's been pretty much invisible. That hasn't changed- Bauer didn't even name their SOS candidate in their release, and didn't quote him either. Quite a team in blue.

Update 8/24/06: The confusion that seems to define Democrats- the same party that couldn't even field a candidate for US Senator- was noticed by the South Bend Tribune. From the Tribune report:

Whether Bauer's proposal helps fire other Democrats' campaigns as they seek majority status in the House of Representatives is unclear.

Rep. Ryan Dvorak, D-South Bend, said it's an "interesting idea" that he'll have to investigate further.

But he said Bauer had no obligation to coordinate the plan with Pearson, even though Pearson will top the Democrats' statewide ticket in November. "I don't know that Pat Bauer is campaigning for Joe Pearson," Dvorak said.

Pearson himself expressed no complaints about Bauer's strategy or timing, whether or not it sends an inadvertent message about party unity.

I think Bauer was trying to help Bauer, but a party that can't even be bothered to coordinate amongst itself can't be counted on to communicate with the electorate, either. This is some kind of ineptitude.

What Value Secretary of State

A frequently asked question posed to me about running for Secretary of State is why the Indiana Libertarians put so much effort into it. For what it's worth, many friends of liberty find themselves uninspired by some of the issues associated with the office. It isn't legislative, so the spectrum of issues SOS touches is narrow.

The answer is that Indiana's election laws tie each political party's ballot status to the statewide outcome in this race. I've never received a good answer from any ranking Republican or Democrat as to why they wrote the laws that way, but we play by the rules.

As a minor party, the Libertarian Party candidate for Secretary of State always has to be mindful of at least retaining automatic ballot access, while striving for major party status, along with victory. The struggle of the Green Party shows us the value.

Bill Stant struggled long and hard to get the Green Party on the Indiana ballot. The method was to petition for enough signatures so that he could be on the ballot as a candidate for Secretary of State. Once that was achieved, he would try to get 2% statewide, thereby earning automatic ballot access for the Green Party for the next four years.

Unfortunately for Bill and his supporters, they failed to secure the required number of signatures, so he will not be on the ballot. Thus, the Greens will not have automatic ballot access. If persons wants to run as a Green Party candidate, each will have to petition individually to get on the ballot.

I have great sympathy for Bill Stant. I have done petitioning work in Ohio for the Libertarian Party. It is tiresome work and feels unrewarding, because all you are doing is getting signatures and not even talking your issues. Besides that, I believe in a fully open ballot. Let the voters decide, not the entrenched parties.

The Libertarian Party has close to 100 candidates this year. Imagine the unrewarding effort each would have had to undertake securing petition signatures if the LPIN did not have automatic ballot access. Most assuredly, there would be significantly fewer Libertarian candidates, just as there are almost no other Green candidates. Indeed- there are only six Green or independent candidates for statewide or legislative office. This shows how effective petitioning requirements are in keeping independents off the ballot.

Brad Klopfenstein once told me that the value of the petitioning effort is $80,000. To the Greens, though, I bet ballot access would be priceless.

I have made it my goal to raise $100,000 this year. I want to make sure that Indiana Libertarians should never have to worry about ballot access again, as we break through to major party status.

Even if the issues I campaign on for Secretary of State do not interest you, my success will allow about 400 other Libertarian candidates to do exactly that in the full election cycle until 2010.

Picture Post

As long as I am pulling photos for posts, I may as well post some shots from the Adirondacks from our recent trip.

We camp near Speculator, NY. It's wonderfully remote. The trails to Rock Pond and Long Pond are gloriously under-utilized, which is why we go there. No other persons had been here for two weeks, according to the trailhead log book.

Alex & I gear up at Rock Pond. Alex is 14 and very capable of handling a man-sized load. Alex taking a larger share of the load coupled with having lost 30 pounds made these hikes some of the breeziest I've ever taken!

Ame carried Isabel on her back for the hikes.

Of course, once on site, Isabel was on the move. This is Long Pond, and she wanted to be in the Pond very much. It's too much like a quarry to allow her to swim here yet.

Isabel searches for blueberries as the morning mist rises off Long Pond.

A pair of loons are obscured by the mist on the Pond.

After the camping, we visited with members of Ame's extended family in nearby North Creek, NY. We rode the excursion train there. This is my girl- enjoying the wind in her hair, while on the train! The trackage was former Delaware & Hudson, and much of it ran parallel to the very rocky Hudson River, which bore little resemblance to what you see in NYC.

Artists Mourned

Sad news from best friend Steve Wainstead regarding two senseless killings in Cleveland. One of the victims was Masumi Hayashi, an artist and professor who introduced Steve to photo collages. Steve then introduced them to me. From the Cleveland Plain Dealer report:

Masumi Hayashi complained for months about the ear-shattering music her eccentric neighbor blasted through a massive stereo system.

When she took exception to the loudness Thursday evening, the neighbor responded with a barrage of gunfire, killing Hayashi and another resident, police said.

Suddenly, the local art community had been robbed of two vibrant, creative souls, said friends, relatives and artists.

On Friday, they mourned the deaths of Hayashi, 60, a world-renowned photographer and professor; and John Jackson, 51, a respected sculptor, painter and woodworker.

This reaches me on two levels- the art, and Masumi's direct contact on a complaint. You see, I'm not one to call the police and hide in my bedroom. I believe it's better to be real human beings, discuss your differences straight, and see if you can't resolve it that way. I always feel the person you have a complaint with would respect that, knowing that you could have as easily dragged the police in.

"She was always direct," Keesey said. "She just felt that if you talked to people directly, you could get things done."

Me too. But killed over stereo volume? Maybe I need to re-think this. On the art:

Aside from garnering national attention for her photography, Hayashi taught art at Cleveland State University for 24 years. She had won a Cleveland Arts Prize, three Ohio Arts Council awards and a Fulbright fellowship. Her work has been shown in New York, Los Angeles, London and Tokyo.

Steve was greatly influenced by Masumi's photo collages (link to prison collages), and by David Hockney's. Steve was quoted in a second Plain Dealer article:

As a teacher, "she was critical always in a positive way," said Steve Wainstead of New York, software development manager for an online photo site who took courses from Hayashi in the 1990s. "I never heard her say a harsh word of criticism."

I was in turn inspired by Steve. I complained to him about the limitations of the camera. Images on prints always looked too small to me. The images only captured a two-dimensional cut of the world the photographer saw. He suggested I try shooting some collages. I was hooked. The collages gave a greater sense of action, and you could emphasize certain features of the subject by moving closer to them, of by leaving gaps in space in the layout, allowing the mind to fill in.

Actually, I liked Steve's and Hockney's collages better than Masumi's. Hers were very precise panoramas. They were interesting in giving that perspective, but they were too naturalist for me. They made no value judgments on the details within the chosen subject. I preferred highlighting those things that spoke most to me within a subject that generally spoke to me. Link to a Hockney collage.

But that's nitpicking. I owe a debt to Masumi for her influence on Steve. I continue to shoot photo collages today, even if I'm really slow about assembling them, thanks to the campaign. Some of my favorite collages of hers were shot at Japanese-American WW2 internment camps. She was born in one, and returned to several of internment sites. Link. Masumi's statement on the camps. LA Times obit.

Here are some of my photo collages:

"The Return Trip From Ohio". Steve got me hooked on the collages, and then set me up for a showing of them in a gallery setting in 1997! I'm no artist! Steve and I did a circle tour of Ohio in July, 1997. Here Steve walks back to Ohio from Indiana across an abandoned railroad bridge. I really like how despite the sparse presentation, the mind fills in the blanks rather well. It captured the sense of being in the middle of nowhere, and also a place fading from use. It's still framed, and measures 30" x 32".

I shot this collage in about nine years ago. It's primarily black & white, with the exception being the two images of my son, Alex, who was five at the time. The location is Cleveland, on the former Erie Railroad line by the Von Willer Yard, near E. 55th Street. This was near my home at that time. These were dark, trying days for me, and Alex was my brightest bright spot. I was pretty really unaware that I was expressing that so clearly when I shot it. The railroad was a pretty rundown property, and Alex was wearing bright colors and a bright smile. The choice of film seemed appropriate, but more than I knew. This remains my favorite collage as art. It's 40" x 32" in size. I never framed it, and did not show it. It was too personal at the time.

Personal collages are mainly what I shoot anymore, so they are meant to be semi-artistic, but really are documents for my own enjoyment. This collage is broken in half so that it could fit in a photo album. The setting is Banff, Alberta. Ame & I honeymooned there in 2003.

All of my photo albums have little collages like these in them. I routinely shoot collages whenever I travel. The trip to the Adirondacks was no different. I shot at least two collages, but they are not yet assembled.

T Minus 80 Days...

Yes, just 80 days to the General Election. One of the things Solid Libertarian candidates struggle against is the "wasted vote syndrome". Many people tell me that they like what I stand for, and they like Libertarians, but they are afraid that it would be a wasted vote.

My campaign manager, Rob Place, ran for Noblesville City Council in 2003. Many people told him this, and yet he got 43%. If all the people who tole him they were afraid of wasting their vote did cast it for Rob, he would be the Councilor today. In fact, those who believed in Rob and voted for the other candidate, or didn't vote at all- those are the people who wasted their votes. They could have had what they wanted!

In addition to my platform positions on Secretary of State issues, I stand for lower taxes, smaller budgets, and less intrusive government in most areas of life.

If it seems that the other parties talk about these things, they do. They talk. But actions matter. Republicans and Democrats act to create higher taxes, larger budgets, and bring ever more intrusive government into every area of life. They work together to ensure their comfortable re-elections.

If you are dissatisfied with government, just remember that it is the creation of Republicans and Democrats, and their ideas- higher taxes and spending; government that intrudes into your personal life; government that doesn’t respect your right to your property.

Voting Republican & Democrat resulted in the mess we have today. Voting Republican or Democrat will only make things worse. You can’t change things by doing the same thing over and over.

People sometimes tell me they would like to vote Libertarian, but they are afraid of wasting their vote. There are a lot of wasted votes every year.

Any time someone wanted lower taxes and less spending, and voted Republican, they wasted their vote.
Any time someone wanted less intrusive government and wider civil liberties, and voted Democrat, they wasted their vote.

There is a Republican governor and Republican majorities in both Indiana House & Senate, and yet your taxes have not gone down, and the size of the budget remains out of control under their watch. They brag about their budget being in the black, but it was done on a massive infusion of cash and greater efficiency. They haven't cut a budget yet. It isn’t because the Republicans can’t cut taxes and spending. It is because they aren’t willing to do the job. Libertarians will do the job!

Vote Libertarian! Support Mike Kole’s campaign for Secretary of State. Elect Mike and other Libertarians, and you will be pleased with the results.

Understanding Why

The deeper I get into the campaign season, the more I understand why politicians act as they do when on the trail.

The public says it has a hunger for honest candidates. That's great! But candidates try to actually win their elections, so they try to be smart. They try to do the things that will help them win, and to avoid the things that could cause them to lose. So, incumbents tend to hide, because they have everything to lose. Challengers like to be as highly visible as possible.

I've been getting a pile of questionnaires lately, from all manner of special interest groups. The questionnaires are always incredibly simplistic, and worse, not one has addressed even a single issue that has the remotest thing to do with the duties of the Secretary of State. Some are clearly left of center, others clearly right of center. As a Libertarian, it means that I can guess that I am on the correct side and the incorrect side of almost every questionnaire.

So, I can see why so many candidates fail to turn in completed questionnaires. It's real easy to tell what your chances are of getting favorable play out of them. It nearly takes a fool to fill them out completely and send them in when you know you're going to score an 'F' on their report card. Better to get an "I" and leave them guessing. It seems like a pointless charade at times. A PAC knows if it's going to back Republicans, Democrats, or Libertarians. Very very few PACs back candidates across party lines. FOP comes to mind.

But, I'm an optimist. As a result, I've taken to adding a letter with the questionnaire that enunciates my platform positions that relate to the office I am running for. I thank them for their interest in my perspective, but give them something a little more germaine.

But I get the cynicism of many candidates out there. I don't encourage that attitude, but I do understand it.

All-In For Kole!

In no-limit Texas Hold'Em parlance, "going all-in" means pushing in all of your chips. I'm all-in for better elections that are more fair, have greater integrity, and bring wider choices and representation than what our elections are in Indiana right now.

I won't ask you to go all-in, pushing in all your chips in support of my campaign. However, I do ask for a couple of things:

1. Take Election Day off so that you can work a polling place. Election Day is Tuesday, November 7. There are 82 days left until Election Day, so there is plenty of time to clear it with the boss. Email me to let me know that you are all-in on Election Day.

2. Come to my home in Fishers to play poker, Friday night! Donation is $20, and we'll play Texas Hold'Em. We'll be using chips. No cash on the table! But you can use your dramatic flair, call "All-in!" and push your chip stack in. It's great fun! Email me to RSVP, and I'll give you directions.

Of course, if you want to go all-in with your support financially, I would be deeply grateful. Online donations can be made via this link.

Full Calendar

I said that I would be hitting the trail with a vengeance upon return, and I meant it. Here are a series of upcoming activities and events:

Wed 8/16 - Fundraising calls, 7pm.
Thu 8/17 - Fundraising calls, 7pm.
Fri 8/18 - Breakfast with State Chair Mark Rutherford; Poker fundraiser at Mike's home in Fishers, 7pm. Donation $20. Email Mike for details and to RSVP.
Sat 8/19 - Millersburg Parade (Elkhart Co), 3pm. RSVP with Rob Place to join the fun!
Wed 8/23 - Hamilton County Meet-Up, 7pm. Dinner and dialogue. More info.
Thu 8/24 - Bowling fundraiser at Pinheads in Fishers. $30 Donation/individual; $100 for advance paid foursome. RSVP to Todd Singer at 317-370-3404.
Sat 8/26 - Corydon Art Fair (Harrison Co), 2pm.

Notable Events for September:

Tue 9/12 - Meeting with Indy Star Editorial Board
Wed 9/13 - Indy Chamber of Commerce Hob Nob
Tue 9/19 - Indiana FOP PAC candidate reception, Indianapolis
Tue 9/26 - Secretary of State Candidates Forum, South Bend

I'll report on each of these as they occur. I will be working on earning endorsements with several of these events, and I believe that if I am taken on the merits of my ideas, there will be several endorsements to report. Be sure to check the Kole Campaign Calendar online!

Please attend the fundraisers and bring at least one other person with you! The events will be fun, and the money raised will be used to promote the Kole Campaign with advertising and materials. If you can't attend, please donate online, via this link.

Advertising this year will be more effective than ever, as the "major parties" are not running active campaigns, and may not do much advertising. We can own the airwaves this year. Let's make it so!

Thanks!
-Mike

Back Home Again

Alex & I have returned from our visits with extended family in Ohio and upstate New York. Pictures forthcoming.

We returned early so that Alex could attend his first day of high school tomorrow. Correct me if I'm wrong, but isn't this an incredibly early start to the school year? I went to Catholic schools, and we always were the early starters, beginning in the last week of August, while the public schools began on the day after Labor Day.

Rhetorically, I like to talk a lot about public schools being the warehousing of kids, but with this incredibly early start (August 16th!) and the push for full-day kindergarten here in Indiana, I don't think I'm off-base at all. Kids need the time in Summer to be free to create their own schedules, to play baseball and to swim, and to generally be creative without confining schedules.

So, Alex starts that process, and I am back in the saddle. Several invitations for candidate events have hit my mailbox, along with policy position questionaires from PACs for me to answer. Look for heavy activity now that the election season is entering the home stretch!

Election Follies, Part 11

I have no mercy whatsoever for Republicans or Democrats who violate election laws. They wrote the laws. There can be no excuses from them.

So, get a load of this report out of Fort Wayne, from the Journal Gazette:

The Allen County Republican Party chairman fired the party’s executive director Monday after it was discovered that several party candidates for township offices could be bumped from the ballot because of forged signatures.

Steve Shine, party chairman, said he terminated Executive Director Douglas Foy’s contract with the party after he confirmed the signatures were not those of the candidates. Shine declined to comment on whether Foy signed the documents, but said as executive director, he was in charge of ensuring that the forms were properly completed.

...

Pam Finlayson, county elections director, said the party was having problems meeting the deadline. While she still required the candidates to file the primary part of the form on time, she allowed a secondary part of the form, acknowledging a candidate’s consent to campaign finance laws, to be filed later.

When the secondary parts of the form began arriving, Finlayson said she noticed that the candidate’s signature on one part did not match the candidate’s signature on another part. She said this was evident on about 10 filings. She did not have the exact number or the names of the candidates whose forms were in question late Monday, but they were all for township level offices.

The Libertarian Party just had eleven candidates withheld from the ballot for failing to meet a technicality. Well! What's good for the goose is good for the gander. These ten or so Republican candidates need to disappear from the ballot immediately if the law is the law, and the Elections Division is providing consistent outcomes.

Now personally, I think the booting of candidates is a great disservice to the people of our state, but the bar has been set. I think a better outcome would be that the eleven Libertarian candidates would be certified, and a fine levied against the Libertarian Party for missing the technicality, and everyone there moves on.

In the case of the Republicans, the best outcome might be that the ten or so candidates are put on the ballot, and the Executive Director might face some jail time, if in fact he committed perjury when forging the signatures of candidates.

Jail? From Indiana Code:

IC 3-14-1-13
Filing fraudulent reports
Sec. 13. A person who knowingly files a report required by IC 3-9 that is fraudulent commits a Class D felony.
As added by P.L.5-1986, SEC.10.

All of the State's campaign forms specify at the bottom of the first page:

A person who knowingly files a fraudulent report commits a Class D felony (IC 3-14-1-13).

Felons go to jail. Pretty simple.

Republicans and Democrats wrote this law. Republicans and Democrats should therefore be the standard bearer and the expemplars in how to do this correctly, and how to bear the consequences when this is done fraudulently- if there is to be integrity in our elections.

Hat tip to Mike Sylvester!

Vacation, Then Home Stretch

The Koles are going for some extended family visits in Ohio and camping in upstate New York. I'll be back to hit the campaign trail with a vengeance on Wednesday, August 16.

It happens that both my mom's and Ame's mom's birthdays are the same calendar day- August 13th. Plus, two of Ame's grandparents are sharing a 90th birthday party. So, there will be plenty of candles and cake & ice cream.

Many family members are going to Adirondack Park for Ame's mom's birthday. Ame & I will get there ahead of the gang so that we can camp at Long Pond, our most favored camp site in the Adirondacks, near the very small town of Speculator, NY. With any luck, NYC friends will meet us there.

Alex with New Yorkers Steve Wainstead and Greg McNair, as we prepare to bushwhack our way to the top of the granite mountain we jokingly refer to as "Mount Wainstead". It has an expansive plateau at the top, and tons of wild blueberries, which will be ready for harvest. July, 2005.

Greg, Mike, Ame, and Steve freeze while posing at Long Pond, in Fall 2003.

This will be Isabel's first wilderness camping experience. I suspect it will be more trying on Ame & I than on her, as we try to keep her safe. She's very independent and curious- a good thing, to be sure! Alex is 14, and can handle a full-sized pack, which makes the adults smile. This will be his fourth trip to Long Pond. I think this will be my 10th trip here.

We positively love it here, especially once black fly season is over. This particular location is very isolated- it receives fewer than 200 hikers/year! Without any light pollution, the stargazing is phenomenal. We really hope an early start fosters an enjoyment in nature in Isabel.

Mike & Alex strike the Age of Exploration pose atop the granite mountain, well above our campsite on Long Pond, seen in the background. The dogs will stay in Indiana this time. July 2005.

Reports of My Demise Are Greatly Exaggerated

Supporters in Northwest Indiana, please remain calm. I understand an error has been made in a news report in the Michigan City News Dispatch, in their "Political Notebook" section:

Libertarians say law ‘outrageous'

LaPORTE - Greg Kelver of the Libertarian Party of LaPorte County said Thursday the state Libertarian Party is working to reverse an Indiana Election Division ruling that has refused to certify 11 Libertarian candidates, including Andy Wolf, who had filed to run against Democratic incumbent Scott Pelath in District 9.

Eight candidates are for the state House, one is running for secretary of state and two are running for federal office.

I am the Libertarian candidate for Secretary of State, and was filed correctly according to the law. While I agree with Kelver that the law is outrageous, I am not one of the candidates subjected to the Division's refusal to certify.

There is one Libertarian candidate for statewide office (Chad Roots, for Auditor) who the Division refuses to certify for the November ballot.

Fear not. I will be on the November ballot. A vote for Kole is a vote for ending ballot restrictions and shenanigans.

Kole's Wish List

Supporters routinely ask me where I need help in the campaign. Here's one of the most important things, and it doesn't involve writing a check for $100.

Take the day off for Election Day, and work a polling place. Wear a purple Kole t-shirt and hand out my palm cards.

Having a person at the polling place is generally good for an extra 2-5% at that location. Many voters do not actually decide who to vote for until the moment they arrive at the polling place. Let's have a vote for Kole be that last-minute decision.

Email me to make your commitment for Election Day today, at mikekole@msn.com. Let me know that you will be there, and that you will need a t-shirt, palm cards, and yard signs for the polling place.

Do this, and you will have done a great thing for me.

Of course, if you want to write that check for $100, please send it to:

Committee to Elect Mike Kole
1427 W. 86th Street, Box 227
Indianapolis IN 46260

Or, follow this link to donate online.

Your support is greatly appreciated!

Exclusion Coverage

Here are links to media reports on the issue of Libertarians excluded from the ballot.

South Bend Tribune report, by Martin D'Agostino.

Muncie Free Press report.

Indiana Legislative Insight is subscription only. Here is a quote from their report:

The LPIN asserts that it filed the notice via e-mail, although the statute bars such filing via FAX or e-mail, and the Election Division notes that the filing failed to identify any specific office. Division authorities informed the LPIN well ahead of the August 25 deadline for listing all candidates to be voted upon in November “in order that the LPIN may pursue a judicial remedy if they desire to do so.”

Secretary of State challenger Mike Kole (L) complains that with the statute, which became effective in late March, “the Legislature passed a law that was designed to trip us up, and succeeded.” Kole adds that “We never had to do this notification before. It was just one more hoop placed in front of the Libertarian Party, and we missed it. Some of the now disqualified candidates were going to supply the only opposition to an otherwise unchallenged incumbent.
A real service this bureaucracy provides to the people of Indiana. Can you imagine what it would be like if Coke and Pepsi wrote all the laws regarding the manufacture of soft drinks? That would be called collusion. With our elections, the Republicans and Democrats write the election laws. Why isn’t that called what it is? It is collusion. And, what about due process and equal protection
under the law? Apparently, if Republicans and Democrats collude to exclude a minor party, those arcane notions can sail right out the window.”

WIBC 1070-am online report link.

Though, we did not miss the deadline for filing. The LPIN State Chair was required to give notice of intent to fill vacancies post-convention. The rules for the Rs & Ds allow them to appoint by caucus of precinct committeemen, or to appoint by county chair. Ls are not allowed appointment by these two methods.

Fort Wayne Libertarian Jeannette Jaquish reports that local NPR affiliate, WBOI-FM, aired coverage of the press conference with quotes from me. No link available on WBOI's website thus far.



At the Statehouse, from left: Steve Keltner, who would have challenged Brian Bosma in Indiana House District 88; Kole; Scott Wise, who would have challenged in US House District 3; and Jo Coleman, who is still on the ballot for Indiana House 25.

News Conference Notes

Today's news conference on the Statehouse steps went well. The media attendance was light, though it seemed we may have been competing with an event inside, as reporters stepped out qucikly to get a news release, and then rushed back inside.

Speaking with WIBC 1070-am reporter Eric Berman, outside the Statehouse. From left- Tom Mulcahy, now ex-candidate for House District 96; Kole; Wayne Kirk, Hamilton County vice chair; Kim Brand, now ex-candidate for House District 53; Eric Berman.

I discussed the specifics of what happened to cause us to lose 11 quality candidates, such as Andy Wolf, who would have provided the only opposition to incumbent Scott Pelath, a Democrat, in House District 9; or Tom Mulcahy, who would have provided the only opposition to incumbent Gregory Porter, a Democrat, in House District 96. Bottom line- the two parties wrote a law that was intended to trip us up, and did trip us up. Should we have caught it? Yes, so shame on us. But far more shame on the Indiana Republicans and Democrats for putting the effort into this, for the purpose of their comfort, at the expense of the voters of our state.

I made the case for wider ballot access to all parties. Hoosiers deserve the widest choices possible. Let the voters decide whether or not to elect a Libertarian, instead of having the Elections Division and the Legislature take the choice away. Top rhetorical quotes:

"It is troubling to me that we have sent Indiana soldiers off to Iraq to fight and die to give the Iraqi people full minority party ballot representation, while here we are at home being denied the same thing by Indiana's Republicans and Democrats. There is something very wrong with this."

"If the two biggest oil companies got together to write laws that excluded their next smallest competitors, it would rightly be called collusion. Indiana's election laws are written by Republicans and Democrats who do everything they can to stifle ballot competition, in disregard for the interests of a stronger representative government and fuller citizen participation."

Thanks to Ben Ruben for the picture!

Press Conference Thursday Morning

I will take to the steps of the Indiana Statehouse Thursday morning at 10 am for a press conference. There I will let the people of Indiana know that they have been ripped off by the Indiana Legislature and the Indiana Elections Division, with the result being that 11 Libertarian candidates have been removed from the ballot.

The Legislature inserted a law into the Election Code that was designed to trip up the Libertarian Party. It worked.

The Division, which did not enforce this law in 2004, is now enforcing it. The Division could have chosen not to enforce, as it did in 2004. Is there any real harm in having 11 Libertarian candidates on the ballot? Some of them provide the only opposition to incumbents.

It seems that, so far as the Legislature and the Division are concerned, what is most important is the comfort of the Republican and Democratic Parties, and not the health of representative government.

So, we'll make the case. Watch for the story to be covered statewide.

Report From LaPorte

Another trip to LaPorte County, another successful trip!

The LPLP headquarters gets a beautiful new purple banner in the window. Fred Lutterman is dressed as Samuel Adams and helped point me in the right direction. Photo: Chuck Timm.

Next stop, Rolling Prairie and the Nowhere Bar to kickoff the official election season. Nowhere Bar owner Ted Pfauth toasts to Sam Adams, naturally. Photo: Vicky Kelver.

Ted Pfauth happily accepts a bumper sticker from me. Funny enough, I have yet to have a single small business owner tell me, "No- I really don't think that describes me". Photo: Karen Wolf.

Local radio stations were announcing the "100 Days to Victory" party being thrown by the local Libertarians, and it prompted calls to the Nowhere Bar from local Rs & Ds, so owner Ted Pfauth brought on two extra servers to handle to extra business. He was glad he did.

About 20 Libertarians came to get in gear for the upcoming election, and to have a good time together. We packed the back tables and end of the bar. Our event even drew a Republican candidate for Sheriff, and we had him speak to the Libertarians, who aren't running a candidate for Sheriff. Smart man- he knows that Libertarians hold a 10-15% base in the county, and that will be more than the difference on November 7.

Ted also spoke to our group. He shared his concerns about the tax burden he shoulders as a small business owner, and also spoke of the issues he hopes make the legislative agenda in 2007. At the top of the list is the issue of the 'cherry master' machines. Pfauth and other bar owners want them legalized and regulated, whereby they can have them in their establishments, make a profit on them, and the state can collect a tax windfall that, according to Pfauth, would outstrip the revenues generated for the state by the Hoosier Lottery. I told Ted he and the Indiana Licensed Beverage Association can count on my support in this regard.

Big thanks to LPIN District 2 rep Greg Kelver and LaPorte County Chair Doug Barnes for staging the event; to Fred Lutterman for sweating it out in the Samuel Adams costume; to the candidates who were there- Lutterman, Mike Sanders, and Andy Wolf (yes, I know...); and to the many photographers who supplied me with the photos!

Three trips to LaPorte County in three weeks. I'll look forward to the next visit!

Election Follies, Part Ten

Secretary of State is Indiana's ballot status race. For any political party, their candidate for Secretary of State must earn at least 2% to win automatic ballot access for the following four years. Automatic ballot access is important, for it means the parties are spared the need for petitioning in order for its' candidates to appear on the ballot.

Petitioning is expensive, and frankly, not very fulfilling. It's a lot of work, and you really aren't getting to talk about your issues. Ballot access was valued at $80,000 by Brad Klopfenstein when he was Executive Director of the Libertarian Party of Indiana. He made his estimate on a purely paid petitioning effort. We can ask Bill Stant and the Greens what its' value is.

I am the Libertarian candidate for Indiana Secretary of State. I am running for many reasons. Among them is for continued Libertarian automatic ballot access. I want to make sure Libertarian candidates go straight to talking issues, passing petitioning. If this is important to you, please donate via this link today.

There are other ballot status thresholds that are tied to a party's outcome in the Secretary of State race, such as Major Party and Minor Party status. A political party is declared a Major Party when its' candidate for SOS earns at least 10%.

Major Parties particpate in the primary elections. Major Parties have representatives on the Indiana Elections Commission. Minor Parties are excluded from the primaries and the Elections Commission.

Obviously, being represented on the Elections Commission is a big deal. The Commission decides how rigorously enforce Indiana Code and impose fines. If your party isn't on the Commission, you have to worry if you get hauled before them.

The Republicans and Democrats use the Primary Elections to find out who their likely true-blue (or true-red) supporters are. Indiana is not a registration state, where voters declare their political affiliation. I wish it were. I would know who all these people who vote Libertarian are, and I could communicate with them directly. Rs & Ds communicate directly with those voters who take a partisan 'R' or 'D' ballot at the Primary. Nice little advantage they have created for themselves, but it isn't just bad for Indiana's Minor Parties.

It's bad for the voters. Most voters are not partisans. They're independents. They scratch vote across the three parties. When campaigning, I hear a great many tell me that they vote for the best candidate and not the party. I believe them. So, this majority is fairly alienated by a Primary Election that requires the voter to take only either a partisan 'R' or 'D' ballot, the act of which is a declaration that, under threat of perjury, the voter intends to cast the majority of their votes for that same party in the November General Election.

Scratch voters haven't made up their minds in May. They are waiting to see the character of the candidates emerge on the trail. They stay away from the polls in May. Here's the proof: The turnout in 2006 for the Primary was merely 19% statewide. That's 19% of registered voters, not of eligible adult citizens. That's embarrassing.

It's time for the General Assembly to look at the mechanics of the partisan ballot. It's time to eliminate the perjury clause. It's time to make voter information available to all parties, by making Indiana a registration state.

It's also time to re-evaluate what it means to be a Major Party statewide in Indiana.

I believe that a Major Party is one that fully participates in the elections statewide. A Major Party should therefore run a candidate in every race that is on the ballot for statewide office, for Federal office, and for Indiana House and Senate. If a party is truly a Major Party, it has the resources and the wherewithal to run a candidate in each of these races, otherwise it is just packing it in and doing a disservice to the voters.

The Indiana Democrats are a joke party if they can't or won't run a candidate for US Senate. They should be stripped of their Major Party status immediately.

To be fair, no party would be a Major Party under my listed criteria, as the gerrymandering of districts has made it so both Democrats and Republicans pack it in for a significant number of Indiana House and Senate Districts. You want to brag on your Major Party status? Give the voters representation in every district. Otherwise, join the Libertarians as Minor Parties.

Libertarians are laughed at when we fail to post candidates for high posts. Very well. Let's now laugh at the Democrats and Republicans, because they are as guilty as anyone.

Major Party status is currently set with the comfort of Republicans and Democrats in mind, and discomfort for the Libertarians and all other parties similarly in mind. That's what happens when election laws are written by Republicans and Democrats. If two oil companies wrote the laws on oil production, distribution, and sale, we would call it collusion. Guess what Indiana election law is?

It is important that we have competitive elections in Indiana. It allows for issues to be vigorously discussed until November instead of until May. It means greater turnout at the polls. It means more people paying attention to what government does. It means more accountable elected officials. In sum, it means a better representative government.

Until Rs & Ds have to work to earn their Major Party status, we will continue to see lazy efforts by them, whereby they surrender 40% of the seats each to one another, and fight over about 20% of them to see who gets the majority in the Indiana House. Until the Indiana Legislature changes the rules to make it tougher on the Rs & Ds, the people of Indiana will continue to be ripped off by those parties, and the voters will stay home.

Sweating in Nashville

Every candidate knows that Fair Season in July and August, and that it's going to be hot under those canvas tents. Today was ridiculous, as temperatures in Brown County reached 97 degrees, with humidity to spare. Isabel and I were soaked the whole time, and fortunately, so was every hand I shook. It was great to see Al Cox and Duncan Adams. I was disappointed not to run into Eric Schansberg, who is attending every county fair in the 9th Congressional District.

I had a nice chat with Bill Stant, the erstwhile Secretary of State candidate for the Green Party. Bill reports that it is pretty certain that his effort to get on the ballot via petition fell short. This is disappointing to me in that I support full ballot access, regardless of party. I would rather have the voters of our state decide to vote for a candidate, or not, rather than have that power sit with the Republicans and Democrats, the Indiana Election Division, or anyone besides the voters.

Interestingly, it occured to me that I have seen Bill on the trail more than the incumbent or the Democrat. It looks like we have invisible candidates from the "major" parties. Quite a disservice to the voters.

At any rate, I am looking forward to tomorrow's indoor, air conditioned event at the Nowhere Bar at Rolling Prairie!

On The Trail

There are two events planned for the early part of this week.

Monday: I will be in Brown County, in support of local candidates Al Cox and Duncan Adams- two people who know the Constitution, and would govern accordingly. The event is the Brown County Fair, and I will be there from 6-8pm.

Tuesday: The LaPorte County Libertarians are hosting a "100 Days to Victory" party, at the Nowhere Bar in Rolling Prairie. August 1 is also the 230th anniversary of a notable speech by Samuel Adams. It may be that a few of this American patriot's namesake beverages are tipped in his honor! It will be a meet-and-greet event for candidates on the November ballot in LaPorte County.

Election Follies, Part Nine

I have had a few local (Fishers) people ask me if after I run for Secretary of State, is it my plan to run for Fishers Town Council in 2007. I always respond in the same way.

Let's not put the cart in front of the horse. I am running to win the election for Secretary of State. I have no plans for future elections beyond 2010, when I would wish to run for re-election.

But, let's consider the question purely as an exercise. What would running for Fishers Town Council, or any Indiana town council, mean?

Just as shown in Part Nine when considering the gerrymandering that is the at-large nature of the election of County Commissioners who ostensibly represent districts, many elections for Town Council are similarly gerrymandered by an at-large vote of the entire town, even though the candidate is only representing a district.

Even if the incumbent thoroughly alienates the voters of her district, so long as that incumbent is of the town's dominant political party, they can reasonably go to the bank on that majority, knowing that the voters will vote more against opposition party labels than for the incumbent.

Besides- you can go door-to-door in a district. It gets to be a stretch to do the same in the whole town.

Here's the kicker- the Town Council can choose whether or not its elections will be at-large for all seats or by district. It merely has to write an ordinance that chooses direction. Guess which way the ordinance will go if there is a 100% majority on that council, and the possibility of changes in the near future due to changing demographics? Give yourself a pat on the back if you said "at-large". Here's the law, per Indiana Code 36-5-2-5:

IC 36-5-2-5
Representation by district, at large, or both

Sec. 5. (a) The legislative body has:
(1) one (1) member for each district established under:
(A) IC 36-5-1-10.1; or
(B) section 4.1 or 4.2 of this chapter; or
(2) the number of members provided for when the town adopted an ordinance under section 4.1 of this chapter abolishing town legislative body districts.
(b) The legislative body shall provide by ordinance that its members:
(1) are to be elected by the voters of the district in which they reside;
(2) are to be elected at large by the voters of the whole town; or
(3) are to be elected both by districts and at-large.
(c) If a town legislative body adopts an ordinance under this section providing that its members are to be elected both by districts and at-large, the ordinance must:
(1) specify which seats on the legislative body are elected by the voters of a district and which are elected by the voters of the whole town; and
(2) provide that the ordinance is effective on January 1 following its adoption.
As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1982, P.L.33, SEC.27; P.L.11-1988, SEC.13; P.L.7-1990, SEC.63.

(Emphasis supplied.)

At-large votes make for safe, unresponsive incumbents who need not fear challengers from minority parties in towns that are dominated by one political party. You can't expect the Town of Fishers, dominated by Republicans, to change the ordinance. It would mean having to really work for re-election, and it might mean having an elected Libertarian.

After all, Phil Miller won election in the City of Greenfield in 1999, defeating an incumbent Republican who happened to be the GOP county chair. In the City of Greenfield, elections are not voted on at-large citywide, but strictly by district. Phil went door-to-door in the whole district, and made his case. He won wearing the Libertarian label.

It is time for the Indiana Legislature to repeal the at-large provisions made available in IC 36-5-2-5. It is time to end the gerrymandering of the at-large municipal vote which assures victory to the dominant party. It is time to give the people competitive elections in Indiana's municipalities.

As Indiana Secretary of State, I will lobby the Legislature for these changes.