Indiana inspector general dismisses group’s ethics complaint against state elections chief

Diego Morales

Indiana Inspector General David Cook has dismissed an ethics complaint lodged by the League of Women Voters in Indiana against Secretary of State Diego Morales—but suggested the group go to lawmakers to seek changes.

League President Linda Hanson accused Morales of using his position for self-promotion, pointing to pricey election security printings and poll signs that prominently bear his name.

“The message itself is overpowered by the Secretary’s name,” her letter alleged.

The complaint was based on a 2010 law barring state elected officials from using their names and likenesses in “communications” that are paid with money appropriated by the General Assembly, with some limited exceptions.

Cook declined to investigate Hanson’s allegations, and closed the complaint, because he “found no allegations of criminal wrongdoing” in the letter. His response, obtained by the Capital Chronicle, came just two days after the league filed its complaint on Oct. 20.

And, Cook added, proving an ethics code violation would be hard.

That’s because the law defines “communications” as being in audio or video format, or being printed in a newspaper. Morales’ election guides and signs don’t appear to fit in those categories.

“We are concerned that even if we investigated your complaint, our office would not be able to prove to the State Ethics Commission that the communications you attached to your letter fall within one of these three definitions,” Cook wrote.

Hanson said the league “had anticipated that problem,” but said she believed taxpayers should be aware.

Cook also observed that the inspector general only investigates use of taxpayer funds that “fall clearly outside” of a state officer’s official duties, but that Morales’ communications “appear to be related” to his office’s duties.

“As such, we believe the voters are in the best position to determine the appropriateness of these communications,” he said.

Cook concluded by noting the law is “narrowly drafted” and “limits the cases we investigate,” and said that if the league is concerned about the law, it should “share those concerns” with the Indiana General Assembly.

Hanson said she still disagreed with Morales’ actions, and hoped to speak with lawmakers about edits.

“While the publications may not strictly violate the law, they are clearly paid for by taxpayer money that is keeping Secretary of State Morales’ name front and center before the public,” she wrote to the Capital Chronicle. “We believe the office, which is not partisan, rather than the officeholder, who is partisan, should be credited with publications from the office in question. And we believe the public should be aware of how their tax money is being spent.”