The Jennings County Election Board decided it could not take action on a complaint about the candidacy of a woman running for county clerk. Instead, a federal agency will review the matter.

Amy Thompson, the Republican candidate for clerk, had filed a complaint against Rachael Shaw, her Democratic opponent.

The board said Oct. 16 it would not hear the complaint because it had not been filed by an Aug. 24 deadline, so the board didn’t have authority to rule on Shaw’s eligibility.

Thompson filed the complaint with the election board Oct. 9 stating, “Shaw is knowingly in violation of federal election laws, specifically the Hatch Act regarding federal employees participating in partisan elections.”

Shaw had worked for the U.S. Postal Service for 12 years as a part-time employee. She was appointed by the Jennings County Democratic Party to be a candidate for clerk after Larry Frank dropped out of the race. She officially declared her intent to run for clerk June 20.

Due to an emergency surgery, Shaw went on medical leave June 23 but remained on employee status with the post office in Paris Crossing.

Shaw acknowledged she was counseled early in her campaign by her postal supervisor, Troy Lovegrove, that she would have to resign either her job or her candidacy, but she continued as a candidate for office.

“I did not understand the law as it concerns a post office employee running for office,” Shaw said.

Shaw finally resigned from the postal service Oct. 12 after Thompson had filed her complaint and four days before the election board meeting.

Charles Waggoner, a Republican representative on the board and an attorney, said a complaint about Shaw’s candidacy could be filed by an individual with the U.S. Office of Special Counsel, which rules on such matters.

Thompson said she had already done that before the board’s decision. She added that a member of the OSC “asked me if Ms. Shaw was still an active candidate and I said, ‘Yes.’”

Zachary Kurz, communications director for the OSC, said the office would not comment on or confirm any open or closed Hatch Act investigations, per its policy.

After the meeting, Thompson said, “I feel really bad about this, but it is a matter of following the law.”

Shaw said she felt vindicated by the board’s decision but added she thought the Hatch Act is a good law.