The Porter County Board of Elections and Registration voted unanimously Thursday to dismiss the challenge filed by Cheryl Evans to the candidacy of Democrat Robert Gosvener for the office of Westchester Township Board member, determining any errors in his application were minor and made in ignorance without any attempt to deceive.
Evans, a Republican who is also one of the four candidates vying for three open positions on the Westchester Township Board, cited multiple reasons in her Aug. 26 challenge for why Gosvener’s inclusion on the ballot should be barred. Democrat Robin Chubb and Republican Barbara Stroud are also running.
Evans argued Gosvener had failed to comply with statutory filing deadlines, that Gosvener’s required statement of economic interests was inaccurate, and that there were questions regarding his legal name. In the 15 minutes originally allotted to her, as well as one three-minute extension, Evans read from four typewritten pages of arguments against Gosvener’s candidacy. She cited Gosvener’s statement of economic interests, known in Indiana state document lingo as a CAN-12.
“Mr. Gosvener did not disclose his involvements with several businesses listed with the Indiana Secretary of State as active,” Evans said. “Including those businesses on Mr. Gosvener’s statement of economic interests could have raised questions about those businesses by voters, organizations such as the League of Women Voters or the news media. Those questions could have led to discovery of Mr. Gosvener’s bankruptcy filing or collection lawsuits involving some of his business interests.”
Evans also argued that Gosvener had missed the July 1 filing deadline for submitting his certificate of candidate selection, also known as a CAN-29, and declaration of candidacy, also known as a CAN-31. She also argued Gosvener was not using his legal name on campaign documents because it differed from a married name he used on social media posts.
After Evans finished speaking the board addressed the issue of timely filing with the assistance of Porter County Clerk and election board secretary Jessica Bailey and her staff who explained that an error was found on July 1 but due to the holiday weekend, could not be rectified until July 5. “That in itself isn’t necessarily an error on the candidate,” Bailey said of Gosvener. “It is an error on the chairman (of the Democratic Party).”
Bailey also explained that Gosvener had been married in another country and was thus not required to file his marriage license in Porter County. Board President Paul Rausch addressed the issue of Gosvener’s bankruptcy.
“We don’t have a moral code to enforce here,” Rausch said. “We have an election code to enforce. His personal life is no concern.”
“It is when it affects the CAN-12,” Evans countered, arguing that voters should know about such candidate history as bankruptcy.
“That’s up to the voter to continue to dig and do their research,” Bailey said.
Gosvener declined his option to cross-examine Evans at the end of her speaking time but did not mince words in defending himself during his allotted time to address the board. “I feel like this is a witch hunt,” he said after distributing copies of his Brazilian marriage license with translation from the original Portuguese.
“I don’t think there’s any law that says I have to change my name,” Gosvener said. He also explained he had to file bankruptcy for a now-dissolved business when former partners skipped town and left him with the debt.
“Which has not been something that I’m proud of, thank you very much for bringing that up,” he said, turning to Evans. Gosvener also explained his two former businesses in question: Norita’s and Anything Trendy.
Norita’s last operated on February 14, 2021, but was not legally dissolved until July 5 or 6, Gosvener said, when he learned he formally needed to do so. Anything Trendy never made any profit. “I’m not trying to be deceiving,” Gosvener said.
“There’s really no indication someone is trying to run for a position they weren’t eligible for,” Rausch said after Gosvener concluded his remarks and answered questions for the board. Board Vice President Ethan Lowe agreed, saying Gosvener seemed like a serial entrepreneur who simply had some minor discrepancies on his application.
“I don’t see this rising to the level of invalidating his candidacy,” Lowe said. Bailey chimed in, “I’ve been very vocal that I don’t believe in holding people 100% accountable when they are uneducated,” she said. “I made that mistake with the campaign finance reports. The forms are difficult. I have filled them out. I think it merits an education, rather than trying to pull one over on someone.”
For her part Evans said she is undecided on whether or not she will appeal the decision.
Shelley Jones is a freelance reporter for the Post-Tribune.
