By Marilyn Odendahl
The Indiana Citizen
October 27, 2026
The Marion County Superior Court blocked secretary of state candidate Greg Ballard in his bid to force the Indiana Election Commission to meet before the election on Nov. 3, finding the interests of both the commission and the public could be harmed.
Judge Jennifer Prinz Harrison issued a 15-page ruling in Ballard v. Indiana Election Commission on Monday. Her decision, in part, rested on not wanting to potentially disrupt voters with Election Day so near.
“The public’s interest in having confidence in the State’s election process is a matter of great importance,” Harrison wrote in her order denying Ballard’s motion for a preliminary injunction. “Moreover, the public interest is disserved by the granting of an injunction to force a meeting of the Commission less than two weeks prior to Election Day, creating increased risk of confusion among voters.”
Ballard, who is running as the Lincoln Party candidate, filed the preliminary injunction motion on Oct. 20. He was asking the trial court to compel the Election Commission to convene and review the campaign finance complaints that have been filed against his two of opponents in the race for secretary of state: Republican Max Engling and Democrat Beau Bayh.
Since he filed his lawsuit against the Election Commission, Ballard has implied the commission members, who are the respective appointees of the two major parties, as well as the oversight the process are compromised. He said in previous election cycles, the commission has met in September to determine whether any of the complaints alleging violations of campaign finance law warranted further investigation.
This year, Ballard said, with the Republican and Democratic nominees facing complaints about contributions to their respective campaigns, the Election Commission had not scheduled a meeting before the election. He has repeatedly speculated since filing his lawsuit that the “parties are protecting themselves.”
In a statement after the judge’s ruling, Ballard reiterated his accusations of partisan politicking by the Election Commission.
“Might makes right,” Ballard said in his statement. “The laws are intended to protect those in power. Not so long ago, the Election Commission acted in a more ethical, nonpartisan manner. However, the law does not protect voters from blatant political maneuvering if the commission decides to act to protect political parties over people.”
Judge Harrison held a hearing on Ballard’s motion on Oct. 23 and provided Ballard, represented by attorney Michelle Harter, and the Indiana Election Commission, represented by the Indiana Attorney General’s Office, the opportunity to present their arguments.
Harter told the court Ballard was being harmed by the Election Commission’s inaction. She said voters may cast their ballot for Ballard if they learn more about the complaints filed against Engling and Bayh. Also, she said, if both major-party candidates were to be assessed fines for running afoul of campaign finance laws, they would have less money to spend on political advertising.
“We understand that what we’re asking for here, in the way of injunctive relief and mandates, is extraordinary relief,” Harter said during the hearing. “But the circumstances here are rather extraordinary, because we have multiple serious allegations alleged against two secretary of state candidates (from) the two major parties, when the two major parties control the Election Commission, and for the first time in maybe years, we have a competitive third-party candidate running.”
However, Harrison was not convinced.
In her ruling, Harrison said Ballard failed to show how he would personally be harmed if the Election Commission does not meet. He offered “hypothetical harm with no support,” Harrison said, that voters might choose him if the commission found violations or that potential illegal campaign contributions had a significant impact on his opponents’ campaigns against him.
Echoing Deputy Attorney General Marie Queen’s arguments on behalf of the Election Commission, Harrison said Ballard has not explained how a meeting by the commission would remedy the harm he contended he has been suffering. Even if the commission were to identify campaign finance violations, the judge said the only result would be civil penalties and a referral to a local prosecutor or the Indiana attorney general.
Also, Harrison nodded to Queen’s assertion that mandating the Election Commission to meet before Nov. 3 would not provide enough time to comply with Indiana’s Open Door Law and the Administration Orders and Procedures Act. These state statues require governmental bodies to give the public adequate notification of upcoming meetings.
Further Harrison repeated Queen’s argument that the trial court intervening in this matter would interfere with the separation of powers established by the Indiana Constitution. Harrison said Indiana law enabled Ballard to petition Gov. Mike Braun to call the Election Commission into a meeting.
Conversely, Harrison did find the Election Commission could potentially be harmed by granting Ballard’s injunction. Forcing the commission to meet, she said, could interfere with its legitimate interests in preserving the integrity of elections and maintaining the public’s confidence.
Ballard will be holding a news conference this week where he will discuss the court ruling and his next steps in this fight.
The case is Ballard v. Indiana Election Commission et al., 49D03-2610-CT- 058232.
Dwight Adams, an editor and writer based in Indianapolis, edited this article. He is a former content editor, copy editor and digital producer at The Indianapolis Star and IndyStar.com, and worked as a planner for other newspapers, including the Louisville Courier Journal.
The Indiana Citizen is a nonpartisan, nonprofit platform dedicated to increasing the number of informed and engaged Hoosier citizens. We are operated by the Indiana Citizen Education Foundation, Inc., a 501(c)(3) public charity. For questions about the story, contact Marilyn Odendahl at marilyn.odendahl@indianacitizen.org.
