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Indiana gubernatorial election, 2016/Republican ballot vacancy

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Indiana Gubernatorial Election

Primary Date:
May 3, 2016
General Election Date:
November 8, 2016

November Election Winner:
TBD
Incumbent Prior to Election:
Mike Pence Republican Party

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The 2016 Republican ticket for governor became unexpectedly vacant on July 15, 2016, when Governor Mike Pence (R) withdrew from the race in order to run for vice president alongside presidential candidate Donald Trump (R). According to Indiana state law, ballot vacancies for statewide offices may be filled by the party's state committee within 30 days of the date the first candidate withdrew—in this case, 30 days from July 15, 2016.[1]

On July 26, the Republican state committee selected Lieutenant Governor Eric Holcomb (R) to replace Pence on the ballot; Governor Pence had endorsed Holcomb four days prior.[2] On July 29, Holcomb announced that State Auditor Suzanne Crouch (R) would join his ticket as the party's candidate for lieutenant governor.

Mike Pence vice presidential candidacy and Republican ballot vacancies

The 2016 election for governor of Indiana was initially slated to be a rematch between incumbent Governor Mike Pence (R) and former State House Speaker John Gregg (D), whom Pence defeated in 2012's gubernatorial election by three percentage points. Both candidates ran unopposed in the May 3 primary elections.

However, after rumors had circulated for weeks, Republican presidential candidate Donald Trump announced on July 15 that he had selected Pence as his vice presidential running mate.[3] Governor Pence withdrew from the gubernatorial race the same day, just prior to the noon deadline.[4]

According to the Elections Division in the Indiana secretary of state's office, the 22-member Republican state committee had 30 days to submit a replacement candidate to the secretary of state following a ballot vacancy.[5]

U.S. Reps. Susan Brooks (R) and Todd Rokita (R), both up for re-election in 2016, filed statements of withdrawal from their 2016 congressional races, along with Lt. Governor Eric Holcomb (R), who withdrew his lieutenant governor candidacy. Rokita, Holcomb, Brooks, and state Senator Jim Tomes (R) all filed declarations of candidacy to fill a ballot vacancy with the secretary of state. On July 26, the Republican state committee selected Holcomb to replace Pence on the ballot; Governor Pence had endorsed Holcomb four days prior.[6]

On July 29, Holcomb announced that State Auditor Suzanne Crouch (R) would join his ticket as the party's candidate for lieutenant governor. The state committee met on August 1 to formally nominate Crouch.[7]

Responses to the selection of Eric Holcomb

Following Pence's withdrawal from the race in July, he endorsed Lieutenant Governor Eric Holcomb as his replacement on the ballot. He also contributed $1.25 million to Holcomb from his state campaign fund after the lieutenant governor was selected to fill the ballot vacancy.[8]

Prior to his appointment as lieutenant governor in February 2016, Holcomb served in various positions in the administration of Governor Mitch Daniels, who—unlike Pence—declined to pursue a strong conservative social agenda. Holcomb's lack of an official voting record or history of policy positions caused national leaders to speculate whether Holcomb, if elected, would govern more like Pence like Daniels, given his close connection to both men.[9]

At the 2016 Democratic National Convention, Connecticut Governor Dan Malloy (D) said that Holcomb was Pence's "yes man," and warned the audience that Holcomb's election could further damage LGBT civil rights in Indiana.[10] Malloy banned the state of Connecticut from funding any travel to Indiana following the passage of the Religious Freedom Restoration Act in 2015.[10]

Micah Clark of the American Family Association of Indiana said, "he’s [Holcomb's] untested, but he’s said to me he supports the governor’s position and doesn’t want to see religious freedom eroded."[11] Conversely, former colleagues of Holcomb's speculated to the IndyStar that he would bring an administration more similar to Daniels' than Pence's.[9]

Holcomb declined to take a strong position on social issues immediately following his nomination, saying that he would focus on "economic development, community development and making sure the state provides good state services."[9]

Rules surrounding use of campaign funds following withdrawal of candidacy

See also: What can politicians do with unused campaign funds?

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Following the withdrawal of incumbent Governor Mike Pence (R) from the race, the Republican state committee selected Lieutenant Governor Eric Holcomb (R) to replace Pence on the ballot in a closed-door meeting on July 26, 2016. At the time of his withdrawal, Pence had an estimated $7.4 million cash on hand; Holcomb had $20,000 in campaign funds left over from his abandoned 2016 bid for the U.S. Senate, which he dropped in February when Pence appointed him lieutenant governor.[12]

Pence was officially nominated as the Republican candidate for vice president at the Republican National Convention, at which time he became subject to federal campaign finance laws that prevent him from transferring funds from his state account to his vice presidential campaign in excess of federal contribution limits. Additionally, the Federal Election Commission ruled in 2007 that a federal candidate could not transfer funds from his or her state account to other candidates in excess of contribution limits—$2,700 per donor. According to the decision, a federal candidate may donate any remaining funds in a state account to a nonprofit or return them to donors.[13]

Pence had endorsed Holcomb prior to Holcomb's nomination on July 26 and in a letter to the Republican state committee prior to the vote, Holcomb wrote that Pence had assured Holcomb that he would have the "financial backing, staffing, and resources available through the Mike Pence for Indiana Campaign Committee."[12] Democrats criticized Pence for not transferring the money out of his state account to Holcomb or another third party prior to his vice presidential nomination. "In Mike Pence’s rush to escape Indiana, he failed to take action to comply with FEC rules" for transferring campaign funds, said the communications director of the Democratic Governors Association.[14]

"Our legal team is looking into all the relevant statutes that may apply in this situation, and the governor has always said he will adhere to the letter of the law," said a spokesman for Pence's campaign, adding, "There are a number of avenues and ways we can be supportive [to Holcomb's campaign]."[12] Other potential avenues include refunding contributions to donors and requesting they contribute the money to Holcomb's campaign, or donating the funds to the federal, state, or local party committees, which could then contribute to Holcomb's campaign both directly and in-kind.

On August 3, 2016, Holcomb's campaign reported a $1.25 million donation that was received from Mike Pence for Indiana on July 29, 2016, likely the maximum direct contribution allowed under the limit.[8] Holcomb's campaign later stated it would not receive further direct transfers from Pence's campaign. In response to why no more transfers would occur, Holcomb's campaign manager Mike O'Brien stated, "I’ll let Gov. Pence speak for every penny he decides to spend. I am concerned about raising the money I need. I am confident I can do that. We’ll raise the millions it will take to get the message out over the next 100 days."[15]

As of August 16, Holcomb had received an additional $450,000 in contributions—several from major donors to Pence's campaign, including the Republican Governors Association's Right Direction PAC.[16]

See also

Indiana government:

Previous elections:

Ballotpedia exclusives:

Footnotes

  1. This information was provided to Ballotpedia by the Elections Division in the Indiana secretary of state's office
  2. Chicago Tribune, "Pence endorses Holcomb as Indiana GOP governor candidate," July 22, 2016
  3. Twitter, "Donald J. Trump," accessed July 15, 2016
  4. WDRB, "Mike Pence officially withdraws from Indiana governor's race," July 15, 2016
  5. This information was obtained by Ballotpedia directly from the Elections Division of the Office of the Secretary of State.
  6. Chicago Tribune, "Pence endorses Holcomb as Indiana GOP governor candidate," July 22, 2016
  7. Auburnpub.com, "Indiana GOP governor candidate picks auditor as running mate," July 29, 2016
  8. 8.0 8.1 State of Indiana, "Supplemental "large contribution" report by a candidate's committee," accessed August 3, 2016
  9. 9.0 9.1 9.2 IndyStar, "Tully: Is Eric Holcomb a Daniels or a Pence?" July 27, 2016
  10. 10.0 10.1 IndyStar, "Malloy: Eric Holcomb is Pence's 'yes man'," July 28, 2016
  11. IndyStar, "It's decision day for Republicans to pick Gov. Mike Pence's replacement," July 26, 2016
  12. 12.0 12.1 12.2 IndyStar, "Eric Holcomb's access to Mike Pence's campaign cash may be limited," July 26, 2016
  13. Federal Election Commission, "Advisory opinion 2007-26," December 10, 2007
  14. DGA, "Unforced error: Pence's $7m archest mostly frozen from going to Holcomb," July 26, 2016
  15. Courier & Press, "Howey: Holcomb won’t have access to most of Pence war chest," August 29, 2016
  16. Indiana Election Division, "Committee Detail," accessed August 16, 2016