There are a number of false statements on the mailing. First, there is the claim that certain candidates "have not earned the support of the Democratic Party." The Democratic Party does not vote until next Tuesday, so that statement is obviously false. Slating is about the endorsement of the party organization and even that is not accurate as most of the people who vote at slating don't live in the precincts they purport to represent and most are appointed by the county chairman and not elected by the voters. Then you have the absurd attempt to link the non-slated candidates to the "Tea Party." I am not aware of a single unslated Marion County Democratic candidate who has any links whatsoever to the Tea Party. But the one area where Miller's mailing might constitute a very serious election offense, indeed a felony, is his assertion that he will be providing the voters with an "Official Marion County Democratic Sample Ballot."
The Clerk's Office produces official Marion County Democratic and Republican ballots. The official Democratic ballot has all candidates slated and unslated on it. While Indiana law allows Chairman Miller to produce a replica of that official ballot, the law most certainly does not say a candidate can alter it to remove unslated candidates and present it to voters as an "official ballot." It appears that Chairman Miller has done exactly that, which appears to violate IC 3-14-2-19 which states:
(a) A person who knowingly:Subsection(b) of that statute refers to a couple statutes that provide exceptions, but neither appears to allow a county party chairman to falsely represent to voters that he is distributing an "Official Marion County Democratic Sample Ballot" when in fact he is doing nothing of the sort.
(1) forges or falsely makes the official endorsement of a ballot; or
(2) prints or circulates an imitation ballot;
commits a Class D felony.
Ironically, the Marion County Election Board will soon be meeting to determine whether it should make a criminal referral of unslated Marion County Democratic candidate under IC 3-14-2-19 for passing out literature that had his name listed with President Obama and gubernatorial candidate John Gregg. In a 2012 election for the House, Mulholland had his literature seized by the Election Board s despite the fact that a decade earlier the Board had agreed that the Slating Statute was unconstitutional and that the Board would no longer enforce it.
Of course, the Election Board, which has two of its three members appointed by the Democratic and Republican county chairmen, are not about to enforce the law against the party bosses who can remove them from their position without cause. The Board has an agenda to protect the corrupt slating process and it won't let things like federal courts and its orders interfere with that agenda.