Prosecutor candidate withdraws; lawsuit dismissed

One of the prosecutor candidates who did not file a legally required economic statement by the deadline has withdrawn from the race.

Mike Vertesch plans to speak at the caucus tonight, informing the precinct committee members who are voting about why he is withdrawing.

“If I continued my candidacy at the caucus, those votes cast for me most likely will have a substantial impact upon the final election outcome,” Vertesch said in a written statement released today. “With that potential prospect, I feel it is only fair that I formally withdraw my candidacy.”

The other candidate who did not file the form, Carrie Miles, filed a lawsuit asking a judge to order the caucus moved or delayed after she became concerned that she would not be allowed to participate as a candidate. The Johnson County Republican Party, which is conducting the caucus, has told her that she can participate in the caucus.

Miles filed the lawsuit on Wednesday evening, and it was dismissed in Johnson Superior Court 1 on Thursday by Judge Kevin Barton.

The caucus begins at 6:30 p.m.

Here’s the full statement released by Vertesch on Thursday:

“In my quest to run for the Prosecutor position, I did not timely complete and file the Statement of Economic Interests (SEI) with the Commission on Judicial Qualifications within 72 hours of the caucus as required by I.C. 3-13-11-7(b)(2).   My SEI form was filed after I learned of the requirement, but not 72 hours prior to the caucus.  The SEI requires a listing of a candidate’s business interests as well as certain campaign contributions.  While I have been offered several campaign donations, I have turned them all down.  I have been advised that Carrie Miles has recently filed a Complaint in Johnson County alleging, among other things, that the Johnson County Republican Chairman should have advised all candidates of the requirement to file their SEI forms within 72 hours of the caucus and that the candidates had a right to rely upon her representations regarding the requirements to run for the position.  I take no position regarding Ms. Miles’ Complaint. Furthermore, it is my hope that none of my decisions will in an any way impact the outcome of Carrie’s campaign and pending litigation.  I have known Carrie Miles for many years and I very much respect her as a person and as an attorney. 

The Johnson County Republican Chairman has informed me that all candidates will be allowed to participate at the caucus and all candidates will be included on the ballot for voting.  Since I did not timely file my SEI form, I do not believe that it would be fair to the other candidates that I be allowed to participate in the caucus as a candidate.  If I continued my candidacy at the caucus, those votes cast for me most likely will have a substantial impact upon the final election outcome.  With that potential prospect, I feel it is only fair that I formally withdraw my candidacy. My hope is that withdrawing my candidacy will also prevent any future potential litigation regarding the process and the results of the election.

Johnson County is fortunate to have an impressively-qualified group of candidates seeking the office of the Prosecutor. I wish them all luck and I look forward to working with the new Prosecutor on matters in the future.”