Disclaimer: In the interest of full disclosure, I am currently involved in defamation litigation against both Jeremiah Tevebaugh and David Waters. In addition, David Waters previously filed a complaint against my 2023 mayoral campaign.
The Marion County Election Board has moved to dismiss a petition for writ of mandamus filed earlier this summer by Jeremiah Tevebaugh. The filing stems from allegations Tevebaugh made that the Franklin Township GOP Club violated Indiana election law in connection with a fundraiser.
When the Election Board declined to pursue his complaint, Tevebaugh asked the court to order the Board to investigate, hold a hearing, and refer the matter for prosecution. On September 2, the Election Board, represented by Faegre Drinker Biddle & Reath LLP, filed a motion to dismiss and a supporting brief.
What is a Writ of Mandamus?
A writ of mandamus is a court order directing a public official or governmental body to perform a specific duty that the law clearly requires. It is not designed to tell officials how to exercise discretion, but only to compel them to carry out a ministerial act—something the law says they must do without judgment or choice.
For example, if a clerk of court refused to issue a marriage license to an eligible couple, a court could use a writ of mandamus to require the clerk to issue the license. By contrast, if a board or agency has discretion to decide whether to act, mandamus is not available to force a particular outcome.
The Board’s Position
The Election Board’s filings make three central arguments:
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Lack of Standing – The Board argues Tevebaugh has no legal interest in the matter, is not a Marion County resident, and has not shown any injury resulting from the Franklin Township GOP Club’s fundraising.
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Mandamus Does Not Apply – Indiana law gives the Board discretion under Indiana Code § 3-6-5-31 to decide whether to investigate alleged election law violations. Because investigation is discretionary and not mandatory, the court cannot order the Board to act through mandamus.
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Mootness – On July 18, 2025, the Election Board formally voted not to investigate Tevebaugh’s complaint. The Board contends this action makes the case moot because there is no relief the court can provide.
Motion to Strike Waters Filings
In a related development, the Election Board also filed a motion to strike four pleadings submitted by David Waters. After Tevebaugh filed his petition, Waters submitted his own “Verified Petitions for Writ of Mandamus” under the same cause number. The Board argues these filings are unrelated, procedurally defective, and should be removed from the docket.
Additional Context
This is not Tevebaugh’s only legal issue. Earlier this year, he was indicted on forgery charges in Marion County tied to filings connected with the Marion County Fair Board. That criminal matter remains pending, adding another layer of complexity to his ongoing litigation.
Why This Matters
Cases like this illustrate the limits of Indiana’s election oversight system. While any citizen may raise concerns about campaign finance compliance, the decision whether to investigate lies with the Election Board. Courts generally cannot second-guess those discretionary choices. This ensures boards retain flexibility, but it also means that disputes within political parties often stay political rather than becoming legal battles.
The court’s ruling in this case will clarify the boundaries between citizen complaints, election board discretion, and judicial authority. If the motions are granted—as appears likely—it will reinforce the principle that not every political grievance can be turned into a lawsuit.
Next Steps
The case is pending in Marion Superior Court under Cause No. 49D06-2506-CT-026385. The court will decide whether Tevebaugh’s petition should be dismissed with prejudice and whether Waters’ filings should be stricken.
If granted, these motions would close the case, leaving the Election Board’s July 18 vote as the final word on the Franklin Township GOP Club complaint.
