Zelivetz removed from primary ballot, mentions seeking lawyer
- Nathaniel Smith | Editor-in-Chief
- 15 minutes ago
- 7 min read
This morning, February 20, county officials gathered at the Election & Voter Services Office conference room to conduct a hearing that called Walter J. Zelivetz’s candidacy for sheriff into question. County Prosecutor and Republican Party Chair Tara Coats Hunt challenged Zelivetz’s candidacy, citing IC 3-8-2-7 (a) (4.).
The hearing was conducted by Clerk of Courts Stephanie Rockey. With her sat Prosecutor Tara Coats Hunt (R), Marcia Grassmyer (R), and Warren Jones (D). Together, they make up the County Election Board and were tasked with determining the validity of Zelivetz’s candidacy.
After Marcia Grassmyer swore Zelivetz in, Stephanie Rockey began to provide context for the situation.
“I will state facts of the filing for Walter J. Zelivetz IV,” said Rockey. “He filed to run for sheriff on the Republican ticket with a CAN-2 and a CAN-12 on February 5, 2026. He was certified and provided a CAN-5. Based on our method of operation, we pulled the voting history and record of each candidate that's filing. It was brought to attention that he did not have the two most recent primary election ballots from the Republican ticket. He was provided with a certificate of acceptance from the party chair. Then, on the 13th of February, before the noon deadline, he was challenged. A CAN-1 was filed in our office by the party chair, Tara Hunt... She made the claim that Zelivetz is not affiliated with the Republican Party per IC 3-8-2-7 (a) (4.). He has not voted Republican in two recent primary elections, nor has he been certified by the Republican Party Chair. Since she is a challenger, she will have to show to the county election board the burden of proof. The challenger and the candidate will have equal time to plead their case. So at this point, we will hear from Party Chair Tara Hunt.”
“Now, just for the record, I think there has been some confusion, possibly, with the public,” said Hunt. “I'll just clarify at the beginning. This challenge is made by myself, party chair for the Republican Party here in Washington County. It is nothing criminal, nothing with my role as prosecutor here in the county. So, it's not a criminal matter. This is just a county election board administrative challenge this morning. So, I do that with my county chair role. I filed the challenge based on the statute, which was cited in my response. First, I would just note on the CAN-2 that Mr. Zelivetz filed, you have to choose in section three how you're claiming affiliation with either party, either the Democrat or the Republican Party. This works for both parties, not just the Republicans. You have to swear under oath that you either have voted in the most two recent primaries held in Indiana with the party you want to affiliate with, or you have to have approval by the county chairman.
“Mr. Zelivetz, in this case, did fill in the circle that the two most recent primary elections that he voted in were both Republican,” she continued. “Unfortunately, in pulling his voter history – which, as Ms. Rockey stated, she gives to each candidate as they are filing – that is not the case with Mr. Zelivetz. He has not pulled Republican primary tickets in his most two recent primaries that he has voted in. For the record, I would offer to the election board as exhibits. The first, Exhibit A being the CAN-2 that's been certified by the clerk's office, as well as Mr. Zelivetz's voting record and history, which is three total pages. I'll mark that just for clarification as Exhibit B. I believe you do have those in your materials that the clerk's provided, but these are certified copies I would just like to have as part of the record.
“So, for clarification, Indiana Code 3-8-2-7 (a) (4.) is basically known as the affiliation statute. What that means again, is you have to somehow declare in one of two ways that you are affiliated with the party that you want to run as in the primary. If you want to run as a Democrat, you have to vote in the last two primary elections that you personally voted in as a Democrat, or you have to have chosen the ballots to do so. If you haven't, then you have to get with the party chair of the party you want to file under to get their permission to sign off as a certification that the party chair is affirming their membership. That was not done in this case. Mr. Zelivetz did file his candidacy, I believe, on the 5th of February. So, right before the close of the filings. I was not reached out to by Mr. Zelivetz until after that filing deadline had passed. And as I discussed more in our Republican meeting on how as a chair, I've done this for over nine years and how I make decisions on who to sign over to the party and how things are normally run, this is a circumstance where I made the decision not to certify Mr. Zelivetz to the Republican Party. His last primary was Republican, I believe, in 2024. Prior to that was multiple Democratic primaries. And then possibly over 20 years ago a Republican ticket, but that does not meet the standards. It doesn't meet the requirements of the statute. And since I have not filed that certification to put him on the ballot for the Republican Party, it is my position as the chair that he should be removed from the primary ballot this year, as far as running for the candidacy of sheriff that he wishes to run for.
“The statute code 3-8-2-7 (a) (4.) has been challenged in the courts,” Hunt concluded. “That was challenged back in a 2024 election. A federal election candidate, John Rust, wanted to be placed on the Republican primary ballot. He was challenged in Jackson County by their chair. It went through civil lawsuit proceedings, and it went to the Supreme Court of Indiana. In that case, Morales v Rust, which was an opinion that the Supreme Court held in March of 2024, they stated that the affiliation statute reflects a balancing of First Amendment interests and is constitutionally sound. So, the statute had been challenged, but has been upheld by the Indiana Supreme Court as being a proper way for individuals to place themselves on a primary ballot, either for the Republican or the Democratic Party. So for these reasons, I've asked that he be removed and I have nothing further.”
Rocky then offered Zelivetz the same opportunity to plead his case.
“I didn't want to run as a Republican. I wanted to run as We The People. You guys said I had to pick a party,” he said.
“That is correct. In a primary election, it is for Republican or Democrat,” replied Rockey.
“Well, I’m definitely not going to be a Democrat,” he said. “My own family disowned me for voting for Donald Trump. So, what do you people think you're going to do to me?”
“We have to abide by state statutes,” Rocky stated. “Myself, I took an oath to uphold those, and so we cannot make an exception to those. So if you want to–”
“Do whatever you’re going to do,” interrupted Zelivetz.
“Okay. Are you concluding your case? Is that all you want to say?” Rocky asked.
“I ain't never heard of a challenge in my entire life,” he said. “I looked it up, and the only name that came up was mine. I didn't hire a campaign manager either, but she got my name in big red letters on Facebook, didn't she?”
“Are you speaking of your filing?” asked Rockey. To which Zelivetz said, “Yes.”
“Okay. We asked at the time of your filing if you would like your picture taken, because we have open records requests by the media that we have to follow,” Rocky said.
“Take the picture,” Zelivetz replied. “I’m talking about where she challenged me.”
“Again, based on the Indian Election Division's recommendations, we have to stay consistent throughout the election,” Rocky said. “So filings, withdrawals, and challenges all have to be sent to the media and posted and–”
“Well, it’s my right to run for sheriff if I want to,” Zelivetz interrupted again. “If you don't want me on your Republican ticket, that's fine. Throw me over on the Democrat side, or throw me on We The People.”
“Okay, that's going to take another process to file for those offices. But at this point, the state has hard deadlines that have already passed. So, you'll have to wait till the next filing period.”
“So, this is just a ploy to get me off the ballot then?” Zelivetz asked.
“It's not a ploy to get you off the ballot. We still have to discuss and make a decision based on the evidence that's been provided to us,” explained Rockey.
“Instead of wasting all these people’s time, am I going to be on the ballot or not?” asked Zelivetz.
“Well, we as the County Election Board will need to discuss this after you have concluded your–” said Rockey.
“Oh I’m concluded,” Zelivetz said.
After approximately 30 seconds of discussion, the County Election Board voted that Zelivetz should be removed from the May primary ballot.
Following the conclusion of the hearing, I spoke with Zelivetz to see if he had any additional words to share.
“I’ve been a pillar in the community for a while. I’m trying to run for sheriff. I think everybody needs to write it in. I’m getting tired of the good ole boy crap that they’re doing. Like that right down there,” Zelivetz pointed to the RV sitting in the parking lot of the sheriff’s department. “You tell me why they need a $300,000 camper sitting in the parking lot doing nothing. A lot of us in Washington County would like to know. This was a pretty wasteful meeting. I wanted to be on the ticket, I should have been on the ticket, and I feel my civil rights have been violated today. And freedom of speech. I think I’m going to go look for a lawyer.”
