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Melcher reacts to election challenge

By Liz Nichols - bio | email
Posted by Melissa Greathouse - email

EVANSVILLE, IN (WFIE) - We're learning more tonight about a petition filed against an incoming Vanderburgh county commissioner.

Jeff Korb, who holds the seat now, is accusing the man who beat him in the election, Steve Melcher, of violating a state law. It comes after a land-mark decision from the Indiana Court of Appeals last week.

On election night Melcher beat Korb by more than 6,000 votes, but Korb says that doesn't matter. Korb claims Melcher violated a state law that prohibits the federal government from interfering in the election process. After a ruling in another case overturned a local election Korb decided to contest.

"About 3:30 my phone started ringing off the wall from everybody. I'm saying, what? what happened?" That was the reaction from Commissioner-elect Steven Melcher after he heard that a petition was filed against him taking office.

Melcher, a Democrat, ran against the incumbent commissioner, Republican Jeff Korb. Although Melcher won, Korb says he never should have been a candidate in the first place.

The reason is a state law called the Little Hatch Act, which prohibits someone to run or hold elected office if their current employer receives federal funding.

In this case Korb accuses Melcher of violating that law because he works at the Community Action Program of Evansville. CAPE runs the federally-funded Head Start program, which provides early education for low-income households.

Just last week the Indiana Court of Appeals overturned the mayoral election in Terre Haute because the candidate worked for a company that also ran Head Start.

"Mr. Korb had no intention of doing anything until the Terre Haute decision came down," said Korb's attorney, Mark Foster.

The Little Hatch Act has never overturned a local election until now. That's why, according to Korb's attorney, he decided to file the petition."

"The facts being so similar, he felt like, the law's the law, he needs to enforce it," Foster said.

"This is not about me wanting to stay in as commissioner," Korb said. "I was over getting beat two days after the election."

"We ran a clean race, a good race, and I, I don't know what prompted him to do it, but obviously he felt like he had to do it," said Melcher.

Melcher served on the City Council for 17 years. During some of that time he was employed at CAPE. He claims he's in the clear. "I've been up front all along, where I work at and what I do. I haven't hid any of it," Melcher said.

The decision in the Terre Haute case could appeal to the Indiana Supreme Court within the next 30 days, which could change everything depending on the outcome.

More on the Terre Haute Ruling, click here.

Indiana Election Code, click here.