Republican party chair files to remove candidate from ballot
The Dubois County Republican Party chair, State Senator Mark Messmer, has filed to have a Democratic candidate for the Dubois County Council to be removed from the November ballot.
Mikayla Granados of Huntingburg is running for a seat on the Dubois County Council as an at-large candidate. She is running for one of the three at-large seats along with Matt Brosmer and Todd Cassidy. The three will be facing incumbent council members Sonya Haas, Mike Kluesner and Doug Uebelhor.
Granados pled guilty to a Level 6 felony charge of possession of a narcotic drug and maintaining a common nuisance as well as a misdemeanor count of possession of marijuana and possession of paraphernalia in May of 2019. She completed the last of her probation sentence in July and the felony charge is set to be reduced to a Class A misdemeanor on August 27.
In a letter published in The Herald on July 15, Granados stated the felony charge was based on police finding a medication belonging to her fiancé for a genetic disorder he suffers from. When the prescription was found in the home during a search, Granados was charged with the possession since her name was on the lease.
She stated in the letter that she opted for a plea agreement rather than trial to avoid the potential loss of her freedom if convicted.
Under Indiana law, a person convicted of a felony does not qualify to run for office and if elected, cannot assume office. Although Granados’ felony conviction could be reduced to a Class A misdemeanor, state law still prohibits an individual with a previous felony from running for office.
According to Dubois Democratic Party chair Mike Kendall, when he enquired with the state election commission after learning of Granados’ felony in January, they told him it shouldn’t impede her from running. “I had been advised that is was legal,” he explained. “After it came out, I checked again and they said she is under no obligation to withdraw.”
He added that he was advised that the felony wasn’t a bar to her running unless it is contested. Before the primary, any voter could contest it. With the primary completed, the only people who can contest it are the party chairs or the candidates she is running against in November.
Messmer maintains that she should never have filed to run.
Monday afternoon, Messmer through counsel, Eric Schue of Dentons Bingham Greenebaum, LLP, took that action to have Granados removed from the ballot as a candidate for the office of Dubois County Council.
The complaint will be heard in Dubois County Superior Court Thursday, August 20 at 8 a.m.
Messmer stated his reasons for filing in a press release Thursday morning. He wrote that Granados had an obligation under Indiana law to remove herself from the ballot.
He stated that since she is not eligible as a candidate and cannot take elected office under Indiana law if she were elected it would cause the county uncertainty and additional expense.
He explained that to ensure the ballots for absentee voting are correct, the Dubois County Clerk’s office needs to have all the correct information regarding candidates on the ticket by August 24 to approve the ballot in time for it to be printed and mailed out in September. He said if she was subsequently removed from the ballot after they were printed, the county would incur further expense in rectifying the situation.
He also stated that having an ineligible candidate on the ballot will only result in distraction and confusion in this election cycle. “This is an important election for Dubois County – and it should be focused on the genuine issues and opportunities for our county and those candidates who are eligible to serve on the Dubois County Council,” he wrote in the press release.
Kendall stated they are in contact with attorneys in Jasper and Indianapolis and plan on fighting the challenge. He said he was surprised the Republican Party had filed for her name to be removed from the ballot since they had previously stated they would only do so after the election if she won.
“I think them filing at this time is significant,” he said.
He explained that he felt the young candidates were doing well and making gains in the race. “I think there is a good chance they are going to win,” he said. “And, I think that’s prompted them to file.”
Kendall also felt that since Granados’ felony would be downgraded to a misdemeanor on or around August 27, the Republicans would lose a certain amount of political weight in their argument. He stated that after the downgrade, they would be arguing that she couldn’t hold office on what Kendall called a technicality.
He also maintains that the state law is unconstitutional. “The law contradicts the Constitution of the state which says the purpose of punishment is rehabilitation and deterrence,” he said. “The problem is that the law punishes someone who in this case pleads to a case and then complies with her probation and subsequently has a felony reduced to a misdemeanor.”
He explained that under the election law, Granados would always be considered a felon and ineligible for public office regardless of the completion of her probation (punishment) although the judge agreed in the pleading to reduce the charge once she completed it.
Kendall also claimed that several individuals in county government have multiple drunk driving charges and traffic violations. “I’m not arguing that they ought to be held accountable,” he said. “I am arguing it’s hypocritical.”
He added that he didn’t think it was good in public politics to have a double standard. “If the argument is that committing a felony shows bad judgment,” he said. “Repeatedly driving drunk shows bad judgment.”
Kendall declined to name any elected official specifically when asked stating that at this time he didn’t think it was a good way for political debate to proceed.
“I think that it wouldn’t have gone this far if Mikayla’s last name were not Granados; if it didn’t happen in Huntingburg; if she wasn’t leasing property instead of owning it; if she wasn’t a factory worker instead of being higher up the feeding chain,” Kendall said. “That is my personal political opinion on it.”
In filing, Messmer stated he would like the court to determine her eligibility and if she is not eligible, have her name removed from the ballot.
Kendall wants Granados to be on the ballot.
“I think the reason this ought to be decided by the public is because the public knows that some people get a pass and some people don’t get a pass,” he said.
We added that Senator Messmer stated Granados should never have filed to run since she was ineligible due to the felony conviction after the story was published. We also added the date and time the case is set to appear in court.
As always, the Democrats aren’t concerned about laws and rules if they don’t fit their agenda. It seems laws don’t apply to them. I’m especially deeply ashamed of Mike Kendall. Back in the day he was a pretty upstanding fellow. He’s since “sold out” to the left wing and is selling out the things that are sacred to Americans, right down to the county level. Worst of all, he’s sickened me and probably most people (except possibly his left wing affiliates) by playing the “RACE CARD”! What happened to you Mike? You used to be better than that.
says a guy that doesn’t have the guts to sign his name.
Say what, tom______ who?
Spot on with your comments, Ima. You always seem to decide to add your 2 cents, when your 2 cents was never needed in the first place.
But if the state election committee stated (in January) she could run, then what point is it for Messmer to file this complaint (in July)? Just to waste more taxpayer money? This has been the play of the Republican party for the last 4 years! Let’s tie everything up in the courts, waste all this money, and nothing will ever get decided about anything.
I don’t care for any political party, they’re all liars and crooks anyway. Always twisting words and facts to their liking. And cry about anything when it’s different.
Agree on the general/sad state of politics, et al, but that said, not exactly anything “needed” of YOUR “twisting words and facts to their (your?) liking” to be sure – and just more hypocrisy to “not care for ANY political party” but to bash one particular group of “liars and crooks” more than another group of the same. You exposed yourself the first time, even with the subsequent ID.
So let me get this straight. If you have a criminal record before running you can’t get elected? But if you commit a crime while in office, it gets swept under the rug? Why don’t politicians get removed from office? Maybe it is cause of her last name?
No, that’s incorrect. You can’t run for / hold office if you have a FELONY on your criminal record. If you would commit a felony while in office, you would have to step down from office. The OWI & traffic violations that Kendall brought up that multiple current elected officials allegedly have, are not felonies. They are just traffic violations (which typically don’t go on your criminal record) and/or misdemeanors. Felonies = can’t hold office. Misdemeanors = can hold office. Nothing at all to do with her last name, so stop trying to play the race/minority card ?
Repeated traffic violation can be felonies. The problem is they are easily ignored and swept under the rug.
Furthermore, arguing about her felony misses the fact she should have never been prosecuted. The narcotics she had were her boyfriend’s prescription he has for a medical conviction.
Mr. Messmer is right. Let the courts or the state election board decide before ballots are printed ! Like the democrats always say no on is above the law !
It is stupid and unjust that those in American government power make sure a big bad felony charge follows a person the rest of their life like a ball and chain. The word felon has been so demonized in America to the point that people can just degrade and dismiss someone instantly by saying, “they’re a felon.”
I would think in a country that claims to operate on good ol biblical christian values, anyone that has a felony on their record, would then be welcomed back into the fellowship of the American population, and be allowed to vote and run for office and own a gun. But since when have those in power ever really practiced doing the christian thing?
No, the united states is a cruel master with a heavy hand for the common folks. Not so cruel and heavy for their cronies in power, or corrupt people in government. No they tend to give the other wealthy or connected people a free pass.
I do not think a state politician should be filing papers or taking any action at all in a county election. But if mark messmer is a man of rules and laws and action, i would be interested to see a list of the actions mark messmer has taken to protect we the people in his time as a politician by reigning in an out of control corrupt police state in indiana. Have you filed in paperwork in that regard in the past 11 years?
Ambrose Bierce described a trial as a formal inquiry designed to prove and put upon record the blameless characters of judges, advocates and jurors
Authoritarian one party rule under conservative tyranny continues. As the Stalinist Messmer understands, Those who vote decide nothing. Those who count the vote decide everything.
Wow—Is Messmer in Lake County—sounds like politics going on up there for years and now he wants to TAKE THE VOTE VOTE away from Dubois County voters and let it be decided by one or more Republicans on the UNELECTED election board of the county. By the way do the voters know that MESSMER as Republican County Chairman sends the appointment of the Republican member of the election board to the Republican County Clerk (who is also on the election board). This Republican appointed member of the Board serves at the will of the Republican County Chairman. So Messmer as County Republican Chairman holds the future of TWO OF THE THREE members of the Election Board in his hand and the Democrat is expected to get a fair shake—Messmer is probably not in Lake County sounds like he has become the DICTATOR of Dubois County. Are the voters of Dubois County going to allow this to continue. This young lady is not the only one on the ballot in Dubois County.
I can not understand what is wrong with all of these people who seem to think this law, that has been there for years, should just be ignored and broken like it was never written by the lawmakers years ago. It is the LAW. If you don’t like it, change it with due process. Don’t ignore it. How far would you get in traffic court trying to convince the judge that you were driving 80 in a 45 because you didn’t “like” the speed limit law?
So many people in this country have lost all common sense.