Monroe County Democratic Party

It has come to our attention that a number of IU students may have been offered a reward to vote in the form of a party to be sponsored by Buffa Louie's. This information has been provided to bi-partisan absentee voting staff at early voting by student voters who have taken pictures of themselves casting their ballots and who have voluntarily reported participating in a contest among fraternities and sororities sponsored by Buffa Louie's. Mr. Ed Schwartzman is a Republican Candidate for City Council At-Large and is an owner of Buffa Louie's. It is unclear just what Mr Schwartzman's involvement, that of other GOP candidates or the Republican Party is in this project, but given Buffa Louie's involvement it seems likely to be significant by Mr. Schwartzman.

This type of inducement may run afoul of Ind. Code § 3-14-3-19(1) and Ind. Code § 3-14-2-1(3). (See citations below.)

(It is not a problem to take a picture casting a ballot in the ballot box, but it is a problem if the ballot votes are exposed and photographed.)

As followers of Bloomington and IU campus politics know, the Monroe County Democratic Party encourages all in our community to vote and has worked tirelessly to broaden the franchise on campus and throughout our community in the form of satellite voting, extended early voting hours and moving to more accessible Voting Centers. The Monroe County Democratic Party encourages everyone to vote, but we and our candidates go about that legally. Offering a material or monetary reward for voting is not in keeping with proper standards and the law. (See citations below).

We don't believe any student is at fault and we encourage everyone in our community to vote. Mr. Schwartzman has seemingly placed himself, his business, his Party and many unknowing students in some legal jeopardy. The reward for voting should be a sense of civic pride and community spirit, not a monetary or material inducement.

Several students claim to have been offered the reward of a party at Buffa Louie's to vote in this election cycle. Dozens if not hundreds more sorority and fraternity members may have been solicited in the same fashion. Mr. Schwartzman and the Monroe County Republican Party need to explain this activity and rescind any promised or implied material rewards for voting and do so immediately and publicly.
Monroe County Democratic Party
Rick Dietz, Chair

Some relevant sections of Indiana Code follow:

IC 3-14-3-19: Inducing votes by gift or offer to compensate
A person who, for the purpose of inducing or procuring another person to:
(1) apply for or cast an absentee ballot; or
(2) vote or refrain from voting for or against a candidate or for or against a public question at an election or political convention;
gives, offers, or promises to any person any money or other property commits a Class D felony.
As added by P.L.5-1986, SEC.10. Amended by P.L.3-1987, SEC.482; P.L.103-2005, SEC.37.

IC 3-14-2-1(3) : Fraudulent application for registration or absentee ballot; fraudulent voting
Sec. 1. A person who knowingly does any of the following commits a Class D felony:
(1) Conspires with an individual for the purpose of encouraging the individual to submit a false application for registration.
(2) Conspires with an individual for the purpose of encouraging the individual to vote illegally.
(3) Pays or offers to pay an individual for doing any of the following:
(A) Applying for an absentee ballot.
(B) Casting an absentee ballot.
(C) Registering to vote.
(D) Voting.
(4) Accepts the payment of any property for doing any of the following:
(A) Applying for an absentee ballot.
(B) Casting an absentee ballot.
(C) Registering to vote.
(D) Voting.