The Lake County Board of Elections and Registration reviewed two election complaints regarding St. John Precinct 14 Committeeman candidate Rudy Bambic who is accused of giving away free ice cream for votes during the primary election.
The board voted 3-1, with board chairman Kevin Smith recusing himself, to send the complaint against Bambic to the prosecutor and to review a possible fine the board could issue him.
Both of the complaints cite the Indiana Code addressing inducing votes by gift or offer to compensate. The code states that anyone who during an election gives, offers or promises any person any money or other property commits a Level 6 felony.
Charles Kallas filed a complaint against Bambic — who ran as a Republican candidate for St. John 14 precinct committeeman in the primary election and lost — for “inducing voters to vote for him by the promise of free ice cream which can also be classified as a gift or offer,” according to the complaint.
Bambic said he wasn’t giving away ice cream for votes, but he said he put the political signs on the truck.
“Was I in an ice cream truck? Yes. I mean we were giving ice cream away to kids. It’s not like I was intentionally or doing anything where I was trying to buy votes for a position that I’m not even getting paid for,” Bambic said.
Gerald Bromely filed a complaint against Michael Bouvat, current St. John Council president, with a picture showing Bouvat inside the ice cream truck. Bouvat “was supporting the effort to secure vote for Mr. Bambic,” according to the complaint.
“I did ride with Rudy. I was there to support him. Didn’t hand out any ice cream, but I was there with him,” Bouvat said.
The board voted 5-0 to dismiss the complaint against Bouvat. Smith said the case against Bouvat isn’t strong after Bouvat testified that he did not hand out any ice cream.
Kallas filed a complaint May 3 against Bambic with photos Bambic posted on Facebook of himself standing outside an ice cream truck with a sign that said “Free!! Free!!! Ice cream Vote Rudy Bambic St #14”
Kallas requested in his complaint that the board issue a cease and desist to Bambic to ensure he didn’t use the truck on election day. Kallas gave the board a photograph posted on Facebook that the ice cream truck was outside Clark Middle School in St. John, a polling location, on Election Day.
Republican board member Michael Mellon said board attorney Carly Brandenburg called Bambic on May 4 to tell him to cease and desist using an ice cream truck. Bouvat said he was not aware of the cease and desist order given May 4.
“You were giving out ice cream in hopes of getting votes,” Mellon said. “You branded this ice cream truck, this activity with yourself. Then on Election Day, when that ice cream truck pulled up again, in essence, you were flaunting the instructions of Ms. Brandenburg.”
Lake County Clerk Michael Brown said the photo Kallas gave the board showed the ice cream truck didn’t have election signs after the cease and desist was issued.
Mellon said a violation doesn’t have to be repeated to be a violation, and the violation had already occurred when the ice cream truck was out in the community with political signs.
“In the campaigning process, they were branding this ice cream to this candidate. This candidate correlated with free ice cream,” Mellon said. “On election day, you can take that sign off, but he’s still branded with the free ice cream.”
Republican board member John Reed said the case rises to an election law violation given that, among other facts, the board issued a cease and desist and then the ice cream truck was used on Election Day.
“There seems to be something going on where the giving of gifts while supporting a candidate is becoming more and more active, and I think it really needs to be nipped in the bud,” Mellon said.
akukulka@chicagotribune.com