For The Tribune
The Republican candidate for Jennings County clerk of courts has filed a complaint against her Democratic opponent.
Amy Thompson of North Vernon filed the complaint against Rachael Shaw of Vernon on Tuesday, the day before early voting began for the Nov. 6 general election.
The women are running to replace Jennings County Clerk Mary Kilgore, a Republican who is seeking the county recorder’s position in the fall election.
Thompson alleges that Shaw, who is on medical leave from her job with the U.S. Postal Service in Jennings County, is in violation of federal election laws, specifically the Hatch Act regarding federal employees participating in partisan elections.
The Hatch Act, originally passed in 1939 and updated in 1993, applies to all federal agency employees and the U. S. military. It forbids federal employees from participating in elections as a candidate, campaigning for candidates and accepting money or rewards for an election campaign.
Thompson’s complaint included documentation that Shaw acknowledged she knew she was in violation of the Hatch Act and USPS policies as early as this past summer but continued her candidacy, continued to campaign and solicit funds for her campaign.
In her complaint, Thompson states that Shaw has access to absentee ballots going through the post office, giving her the opportunity to derail not only the clerk’s race but all local, state and federal races.
“When county officials with the Democratic Party approached me this summer and asked me to run for the clerk position, they knew of my 12 years of service for the post office,” Shaw said. “I spoke with my employer regarding my desire to run for office and was told that I would need to resign from my position with the post office or withdraw my candidacy. Failing to withdraw from the election means I risk being disciplined or fired as a result.”
Shaw said she started a medical leave from her job at the Paris Crossing post office June 23 due to an unexpected surgery. Two days later, she agreed to become a candidate for county clerk, she said.
“This is nothing but an attempt to force me out of an election that they fear I have the potential of winning,” Shaw said.
Thompson said she did not know Shaw, “but her lack of knowledge of the law and her lack of desire to adhere to the law concerns me greatly as a citizen of Jennings County.”
Besides being a violation of the federal Hatch Act, Shaw’s candidacy is a violation of state law, Thompson said.
“I would hope that anyone running for the office of the clerk would have and show respect for the law,” Thompson said. “When someone goes off the grid like this, it is a threat.”
Shaw, however, said she has not resigned from the USPS because she has not yet returned from medical leave.
“I certainly would resign should I win the election. As for my so-called illegal campaign, while I may be in violation of the Hatch Act, it is not an issue for the Republican Party to handle. It would be handled by my supervisors within the postal system,” said Shaw, who added that she would “not be bullied into withdrawing from the election by members of the opposing party.”
Kilgore said the matter will be brought before the Jennings County Election Board in a meeting scheduled for Tuesday.
If the election board determines there is a violation of the Hatch Act or Indiana Code, the issue will be forwarded to the U.S. Office of Special Counsel, which decides such matters, Kilgore said.