We have all read Indiana code, regarding elections, and "nicknames" on ballots. 
I believe I have proven by a preponderance of evidence, and beyond a doubt that this plaintiffs motion should be dismissed. 
Indiana code repeats the phrase "A candidate MAY..."; as compared to "A candidate SHALL". we are all familiar with the important distinction of these 2 words.
     Next: Indiana code is very short, and vague, and over broad with repsect to what constitutes a nick name; and what may or may not be included. IC -3-5-7-5
     Heres an excerpt of Nevada State election laws, which are very narrow, and specific in what constitutes a nickname. the important note here is to compare and contrast the very vague Indiana Code,  which is written into law, here in Indiana; and the written Nevada code; or Law, as governed by Nevada state Law.
  clearly, there is a lot of room for interpertation, In Indiana code, butThat interpretation can not be made, due to the faule, brevity, vagueness of Indiana law. If Indiana Law, was as narrow and specific as Nevada State Law, then the election board would have plausible grounds to remove the ("offensive" nickname") from the ballot. However, as Indiana Law is written, ther is a very wide latitude, and freedom, and a GAPING HOLE in Indiana code, that until this flaw is corrected, I believe the plaintiffs complaint should be dismissed, on simple grounds that Indiana code/ Law is flawed, vague, overbroad.

here is the Nevada law cited. I'm sure that ALEC, and other legislative services would be readily able to list all the similarities, and differences between all these various state laws, with respect to "nicknames". I am aware there are many that are similarily vague as Indiana law, but Nevada Law is the most specific i have happened across, while researching this issue; and again- it is very concise, and specific, whereas Indiana law is deficient. 

NEWS TIP- UPCOMING ELECTION BOARD HEARING
iNDIANAS LAW? VS..
BIG ENOUGH TO DRIVE A STEAM LOCOMOTIVE THROUGH
 NEVADA ELECTION LAW.
 NRS 293.256  Names of candidates on ballots not to include title, designation of profession or occupation.  In any election regulated by this chapter, the names of candidates as printed on the ballot shall not include any title, designation or other reference which will indicate the profession or occupation of such candidates.
     (Added to NRS by 1969, 20; A 1995, 2624)

     NRS 293.2565  Use of given names, surnames and nicknames on ballot; use of additional criteria to distinguish between candidates having same given names and surnames.
     1.  Except as otherwise provided in subsection 2, in any election regulated by this chapter, the name of a candidate printed on a ballot may be the given name and surname of the candidate or a contraction or familiar form of his or her given name followed by his or her surname. A nickname of not more than 10 letters may be incorporated into the name of a candidate. The nickname must be in quotation marks and appear immediately before the surname of the candidate. A nickname must not indicate any political, economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he or she is voting.
     2.  In any election regulated by this chapter, if two or more candidates have the same given name and surname and:
     (a) None of the candidates is an incumbent, the middle names or middle initials, if any, of the candidates must be included in the names of the candidates; or
     (b) One of the candidates is an incumbent, the name of the incumbent must be listed first and the word “Incumbent” must appear next to the name of the candidate who is the incumbent.
     (Added to NRS by 2003, 1714; A 2011, 2086)
I would like to also refer the election board to my blog post- titled "whats in a (nick) name?"
in which I have dozens of examples of (nicknames) of many famous, and infamous, and fictional  persons. -
aliases, "aka";s, pseudonyms, and so on. politicians, criminals( arent the nearly the same? tee hee); sports figures, and so on. Mark Twain aka Samuel Clemens; for instance..

I would also like to cite the Indiana constitution- article 1-

 Section 9. No law shall be passed, restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print,
freely, on any subject whatever: but for the abuse of that right, every person shall be responsible.
    I would like to point out that i have used various unconventional nicknames in the past, for various offices, at various times, before, and precedent is that the ACEB nor citizens, nor anyone else has complained, or questioned my previous "nicknames" until now.
My present Facebook page- the one i use most ofetn- has the same nickname- which i am commonly known by for my advocacy of legalization of marijuana. I am not advocating any illegal activities with the present nickname on the ballot. Also- My nickname is not offensive to the FCC-with respect to their "7 words" doctrine, enshrined by George Carlin, the comedian, and humorist. Nor is my ballot nickname offensive with respect to the f- word, or any other common vituperative invectives, aka "curse words" 
Of course- a ballot nickname of "f- f- ty f-ty f", or any other 20 letter "nickname" as Indiana law is written- should also be allowed/permitted under State law as written.. 

I coule think fo several examples of people with legal birth names, legal names, as written on birth certificates, drivers licenses, marriage certificates, and even the occasional stry name change( New Hampshire democrat Presidential candidate "Vermin supreme " comes readily to mind-- but names like "Stoner, WEad, Roach", and many others to numerous to list here, could also plausibly have (NICKNAMES) with a marijuana related wording. In fact, theres a very large Pharmaceutical global mega-corporation called "ROCHE" - talk about durgs.. wow!! If only i was directly related to the "family business"; we would not even be sitting here. I'd be on a yacht somewhere else. tee hee..

But I digress.
so w have covered- the difference between "may " and "shall"
we have talked about the Indiana constitution, Article 1. and by extension- the us constitution free speech provisions wth repsect to freedom of expression, and being able to call yoursle f pretty much anything a person wants to be called ( except late for supper)- as compared to the legal process of changing ones name  to anything, and the expenses involved.
we have talked about the differences between nevada and Indiana Stat election laws. go look it up. 
we have talked about the gaping hole in Indiana code, regarding IC 3-5-7-5, and related laws.
we have talked about IC3-5-7-5- with resepect to the differences between a persons legal name on paper- birth certificates, drivers licenses, bank accounts, and so on; state law processes to legally change ones name to pretty much anything they want, as long as the file the proper county court paperwork.
( hi there! my name is slim shady?) or hi there, my name is F. F--ty-F-ty. F.. but my (nickname) is "BOB".
SLIM SHADY- AKA MARTIN MATHERS. ( john waynes real name was not john wayne. can you guess what it really was? )
Marilyn Monroes Real name was not Marilyn Monroe. Nor was Carol Lombards "Carol Lombard, for that matter. charlie sheen? guess again..

ANOTHER MATTER WHICH SHOULD ALSO BE TALKED ABOUT IS THIS:
Is it within the bailiwick of the ACEB to decide the outcome of a partisan primary election by its action, if a caniddates name is removed from a ballot? should not the democratic( n this case) voters decide? I have been known as various nicknames - many, throughout my life. some flattering. some- not so much( the MAYOR OF MAIN STREET, for one; the MAYOR OF WELLS STREET  for another..) GENERAL. GENERAL FORREST;  FORREST GUMP;  too many to list.
In the interest of Indiana constitutionl, and US also rights, shouldnt the ACEB simply concede, and entertain this unsual alternative counterculture nickname; and simply let the voters decide? let the wheel land where it may? the cards play as dealt? the free market? as compared to bureaucratic/administrative arbitration?

So this is certainly an interesting conundrum. And I'm szure that all of you are spending time on this matter, whe your time at the typical legal billable time- is far more valuable to be doing better things than to be sitting here on sucha fine day with the likes of me, floggint the minutiae of flawed state election laws, or my political agitation for reform of government- as is also my Article 1 rights- paragraph 1- Indiana constitution.
but that is also my intent- to grind the wheels of government one troublesome grain of sand at a time. 
as Bugs Bunny might say" Aint I a stinker?"  so now having reduced this matter to loony toons cartoon absurdity, I throw myself on the judgement of this exaledt election board..

By the way- If a person is found guilty of some class d felony for violating some minutia of a state election law, due to a difference of interpretation, both equally valid; does a person lose their gun rights per state, and federal constitution, by conviction of a minor, albeit yet still felony?
and the plot thickens- Indiana felony election laws- another series of laws in serious need of reform.. 
so you see- the more we examine this matter, the order of magnitude of complexity increases. wasting time, and money. taxpayers money, which i dont mind burning, figuratively, and litteraly, when the circumstances warrant.






so- I guess i have wasted the ACEB's precious, valuable time on this trivial matter long enough, and do hereby respectfuly request that the ACEB issue a finding of dismissal, due to vagueness of IC 3-5-7-5. 







----- Forwarded Message -----
From: dave roach <dcroach@yahoo.com>
To: Beth Dlug <Beth.Dlug@co.allen.in.us>
Cc: "dcroach@yahoo.com" <dcroach@yahoo.com>
Sent: Sunday, February 5, 2012 10:25 PM
Subject: Re: D.C. .(Legalize-Marijuana) Roach

Ms Dlug:/ Beth
Thank you for permitting my internet listing to reflect my official paperwork. I dont mean to be a pest. theres method to my "madness". 
    Furthermore, I sincerely appreciate the ACEB's indulgence in entertaining my positive intentions, And I hope my candidacy stimulates discussion of this issue, as well. 
     have a great day, and again, thank you to you and the election board. professional civil servants, and government workers are what keeps the gears of democracy turning. Politicians, and elected officials come and go, but it is the institutional collective knowledge, and wisdom that  is really what keeps our governments operating smoothly.
     If i were to win, I would be 1 of 3 commissioners, and I am acquainted with all the incumbents, and would provide balance and a voice of sanity and reason to the triumvirate, as i am not an adherent to the Tea party philosophy that is most assuredly taking the USA in some wrong trajectory. 
      As A Democrat, and a stated liberal socialist democrat- who received nearly 25,000 votes by the county voters, i take this seriously, and i really am a serious person, when it comes to business. as to the sily media curcus, and political games that must be played? well, you know i can put on a show, using humor to make a point..
 yours truly,
David C Roach
aka/ alias  D.C. ( Legalize- Marijuana) Roach 
sometimes being named roach has fringe benefits.. fringe? lol..


From: Beth Dlug <Beth.Dlug@co.allen.in.us>
To: dave roach <dcroach@yahoo.com>
Sent: Friday, February 3, 2012 4:08 PM
Subject: RE: D.C. .(Legalize-Marijuana) Roach

Thank you for your complaint.
Although the candidate listing on the Allen County Election Board’s website is unofficial, and not necessarily intended as a reflection of the name that will appear on the ballot, we can appreciate your concern. 
We will add the nickname to the website listing. 
Regards,
Allen County Election Board

From: dave roach [mailto:dcroach@yahoo.com]
Sent: Friday, February 03, 2012 1:45 PM
To: electionboard
Cc: dcroach@yahoo.com
Subject: D.C. .(Legalize-Marijuana) Roach
to whom it may concern- allen county election board:
I hereby respectfully request that you comply with indiana code 3-5-7-5
and correct your internet primary candidate filings; for 2012, and also- state convention delegate ( democrat)
filing pages- link: http://www.allencounty.us/candidate-filings
to  accurately reflect the proper legal paperwork i filed with the election board, CAN-2; andCAN- 37 - so that the internet listing, and the documents filed at ACEB are mirrored- the same- with my name listed as :
D.C. (Legalize- Marijuana) Roach.
It is not up to you to arbitrarily decide  what is acceptable, or what is not; or whether the internet links, and the paperwork filed in your office should be different. 
In fact- by not properly documenting the accurate legal public records filed is likely in violation of some other state law( not cited here)- as I'm not a lawyer. 
With respect to whether (Legalize-Marijuana ) is or is not a legal nickname- I would like to cite precedent- of previous filings by myself- 
in a previous mayoral election- 1998, i recall- I filed a nickname as (Fort Waynes Most Wanted)- as i was getting jokes directed to me about how the police were always after me- like i was on someones most wanted list- FBI/ ; or the tv show- americas most wanted, etc- people would say- hey- its fort waynes most wanted. how ya doing, dillinger?)
the ACEB didnt raise any issue then.
     In 2010- I also filed as democrat for Sheriff, with the nickname of (Mr.Roachclip) as this was a nickname i had in HS- named after a cheech and chong record album, track about a marijuana legalization advocate- a Mr Ashley Roachclip"
   On other previous occasions,  I filed with the nickname (papa Roach) - both for the rck band of the same name, and also the piaaz guy- papa john- When i would visit my female friends, i would say "papa roach  is in the house"
So why the problem now? if we are to cite precedent- as the state laws hazve not changed with respect to nicknames..
 As to (Legalize-Marijuana)- this is my most recent nickname- as i am always talking of legalizing recreational marijuana. obviously- i'm limited to 20 characters. 
I see this 20 character space for a nickmane as 20 characters of freedom os speech. nicknames are not restricted by legaL NAMES- such as that appear on documents, such as drivers license applicarions, socila security cards, and so on. many different people have many different nicknames, according to the group of people they hang out with. 
I have had differnt friends all n the same time frame call me "roachy, mr roachclip, smoke a roach, and so on, as well as other humorous, and not so amusing nicknames , related to insects, or marijuana.
So to cite the proper state law: 
A candidate MAY use a nickname on the ballot only if the nickname satisfies the following"
1.the Nickname is a name by which the candidate is commonly known.
( in this case- I AM  Mr. legalize marijuana, to several of my friends, and many others, as i am always speaking out, posting to facebook pages, my own blog, etc.. )
2. The Nicknamee does not exceed 20 characters.    
       (     Its not like im wanting to be listed on the ballot as --excuse my language- used to make a point- ) 
(fuckfuckfuckfuckfuck)  - which is 20 characters..  but if a person did, there is no legal restriction- maybe thats there favorite word, or anything any other reason. who decides what is and is not a nickname? what is "IS"IS? 
3. The nickname complies with subsection (e) - listed below-
(e)- a candidate MAY NOT use a:
       1. title, or degree as a designation.
( example- Doctor, reverend, professor,  jd, PHD, and so on?)
2. designation that implies a title or degree
  So as i understand this reading of the applicable state law, and given the fact that i have read many laws, and have a college degree in economics, which also deals with government laws, public policy, and other related information-
I see nothing that would legally bar me from using this nickname as a legal nickname..
furthermore- I merely see this as an arbitraty and capricious misapplication of state laws, for the purpose of censorship of my Indiana constitutional rights, and us constitutional first amendment rights.. : to whit:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. 
probably more applicable- would be this: Indiana constitution:

Section 9. Freedom of thought and speech

Section 9. No law shall be passed, restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print, freely, on any subject whatever: but for the abuse of that right, every person shall be responsible. 
So I contend that this arbitrary decision, made unilaterally without a proper due process by the ACEB- is a violation of my Indiana Articvle 1 constitutional rights, and should be placed in both the internet link cited above and here:
and also on the may 8th ballot, complete, in its entirety, as filed by me at the ACEB, feb 2nd, 2012.
furthermre, i hereby request a hearing/ due process by the allen county electionboard , to further discuss this matter.
yours truly, David C Roach aka D.C. (Legalize-Marijuana) Roach
you do realize of course that by creating a big hoopla about this, we shall smoke out this issue thoroughly, in the local media.. and social media networks..