Indiana’s most closely watched race has ramped up in its final days with lawsuits, expensive ads, and endorsements.
Secretary of state candidates are trying to make their case to voters as polling shows a tight race between Democrat Beau Bayh and Republican Max Engling.
Democrats are hoping to take the office for the first time since 1994, when current Indianapolis Mayor Joe Hogsett held the position.
Millions of dollars are being spent on campaign ads, and Republicans are working hard to keep the office under their control, with Engling recently earning the endorsements of President Donald Trump and Vice President J.D. Vance. A string of state leaders also added endorsements in the final week of the campaign.
Independent Greg Ballard and Libertarian Lauri Shillings have trailed behind in polling, but that hasn’t stopped Ballard from finding ways to stay in the news.
Ballard launches push against Election Commission
Ballard filed a lawsuit earlier this month that aimed to make the Indiana Election Commission meet and hear a number of campaign finance complaints against candidates.
The main issue was a $60,000 campaign donation to Engling that he said was quickly returned by his campaign. Other complaints include events Democrat Beau Bayh attended but did not disclose.
Bayh has called those complaints "frivolous."
The commission hasn’t met since July and doesn’t have a meeting scheduled until the end of November, after the election.
A judge ruled Monday that Ballard had not demonstrated a likelihood of success at trial and that granting his preliminary injunction could harm the integrity of the election process.
But Ballard pushed back, arguing that by not meeting, the Election Commission was already making decisions for political reasons and undermining its authority. He urged Gov. Mike Braun to compel the commission to meet.
He’s also kept relevant by proposing ideas, including a voter guide and working with lawmakers to pre-register 17-year-olds to vote. One of his campaign pitches centered around the idea for an election commission made up of independent judges instead of party members.
Ad controversy
Ballard isn’t the only one who has threatened legal action in the final days of the election. Engling has said he plans to file suit against Bayh over a campaign ad targeting Engling’s driving record.
The ad features Marion County’s Deputy Chief Scott Robinett, a Republican, saying Engling has been convicted of reckless driving. Engling has speeding tickets, but there have been no criminal reckless driving charges against the candidate.
“Beau Bayh is asking Hoosiers to trust him with an office responsible for transparency and public confidence, while running an ad that lies about my record,” Engling said in a statement.
But Engling’s pushback to the ad elides the video's other message: that Republicans are considering voting for a Democrat.
The ad also features outgoing Sen. Greg Walker’s (R-Columbus) endorsement of Bayh, saying “I’ve never backed a Democrat before, but Beau Bayh is different.”
Walker is one of the Republicans primaried by Trump after he voted against redistricting last year.
That underlying party tension is at the heart of Democrats’ election chances this year. During the party's convention earlier this year, supporters of Republican candidate for Secretary of State David Shelton noted their frustration with the idea that they were being “told what to do” in supporting Max Engling.
Shelton was behind one of the campaign finance complaints filed against Engling and has said he would assist Beau Bayh in an audit of the Secretary of State’s office if Bayh is elected.
But whether enough Republicans will break for third-party options like Ballard or simply vote for Bayh remains to be seen.
Election integrity
Part of the passion around the race includes an effort to hold current Secretary of State Diego Morales accountable.
Morales’ tenure has been plagued by questions of misspending and fraud, dating back to before he took office.
Across several debates, Bayh has argued for an independent audit of the office but Engling has said he believes the Inspector General would be capable of doing an internal investigation of the office.
Engling’s opponents have said they don’t feel the Republican Party, including Engling himself, can hold the office of Morales accountable. But Engling has insisted that he’s the only person in the race who actually has done so, by beating Morales as a candidate during the Republican convention.
Engling has also insisted he’s the only candidate willing to take questions of illegal voting seriously.
All of the candidates have pointed to a report released last year showing 21 instances of noncitizen voting in Indiana, across an unspecified time.
Engling argues that the state should adopt new driver's licenses that clearly identify when someone is not eligible to vote, a move in line with President Trump’s SAVE Act efforts.
Libertarian Lori Shillings has called the requirements for the updated driver’s licenses an undue burden.
Democrat Beau Bayh, following the Oct. 7 debate, asked why the state had not worked to prosecute the existing instances of voter fraud - arguing the state should take those more seriously in an effort to shore up election integrity.
Last week, Attorney General Todd Rokita announced he was working with the Vigo County prosecutor to bring charges against an alleged noncitizen who cast a ballot in six elections, including 2020 and 2024.
Speaking with reporters after he cast a ballot at the Indianapolis City-County building, Bayh said he believed that prosecution was only happening because of his comment.
“Out of millions and millions of votes cast, 21 instances prove that it's a relatively rare occurrence,” he said. “But there has to be repercussions when we do find it. Unfortunately, it's taken years for the attorney general to make sure these repercussions come.”
Election day is Nov. 3.
Contact Government Reporter Benjamin Thorp at bthorp@wfyi.org
