Indiana: Court Upholds Robocall Ban | WRTV Indianapolis

The Indiana Supreme Court ruled Thursday that a state law that requires a live operator on the phone before any recorded message is delivered does not violate the right to free speech or the right to participate in political speech.

The 4-1 decision involves a case that began in 2006 in which FreeEats.com, an automated phone messaging operator, sought to overturn an Indiana law that forbade so-called robocalls, or unsolicited calls with automated messages.
The case stemmed from automated calls the company made on behalf of a group called the Economic Freedom Fund during the 2006 congressional campaign.

Indiana: What’s Next in the Charlie White Case? | WIBC Indianapolis

A Marion County Circuit Court Judge's ruling on Secretary of State Charlie White's eligibility to run for office is likely heading for appeal, so what happens after that?

Judge Louis Rosenberg ruled that White was ineligible to run for office because he was not legally registered to vote when he filed for candidacy. That ruling reversed an earlier unanimous decision by the Indiana Recount Commission. White's attorney, Jonathan Sturgill, has requested a hearing which is set for next Thursday to seek a stay in Judge Rosenberg's ruling.

Indiana: Judge’s order in Charlie White case creates more questions than it answers | Evansville Courier & Press

For many keeping a close eye on Indiana Secretary of State Charlie White’s legal battle for his political life, their interest is not so much about White as the office — and who will replace him if he is removed from office. On Thursday, a Marion County judge overturned an Indiana Recount Commission decision and ruled that White, who was elected in November 2010, was not legally registered to vote. Thus, the judge said, he did not meet the requirements to be on the ballot, and the second-place finisher should take his place.

An attorney for White filed in Marion County for an emergency stay of that ruling, and a judge has frozen the case until a Jan. 3 hearing on whether to grant that stay. Meanwhile, in five weeks, a Hamilton County jury is scheduled to decide a criminal case against White. Prosecutors have filed seven felony charges, including voter fraud, against him. If he is convicted of any of them, he would be removed from office.

But there is a key difference between the two procedures: If he wasn’t qualified for the ballot, a Democrat would take his place; if he is ejected from office because of a felony conviction, Republican Gov. Mitch Daniels would choose his replacement.

Indiana: Order allows Secretary of State Charlie White to hold office pending hearing | The Indianapolis Star

Attorney General Greg Zoeller announced that his office will appeal a Marion County judge's decision that Indiana Secretary of State Charlie White is ineligible to hold office because he was registered to vote in a precinct where he didn't live while campaigning for office in 2010. Marion Circuit Court Judge Louis Rosenberg on Thursday reversed the Indiana Recount Commission's ruling that White was eligible and should continue to serve.

In a news release issued this afternoon, Zoeller said that he plans to appeal without waiting for the three-member recount commission to meet and vote on whether it should appeal.

“My office ultimately represents the State and the public interest," Zoeller said in the release, "and as the State’s chief legal officer it is not necessary to wait to appeal until the Recount Commission can meet and vote on seeking an appeal. The Attorney General’s Office already has the independent authority to assert the legal interest of the State and bring some clarity and certainty out of the confusion." Indiana Secretary of State Charlie White will remain in office until after the holidays.

Indiana: Judge says White ineligible to serve as Secretary of State | Evansville Courier & Press

Indiana Secretary of State Charlie White’s two-front fight for his political life could be on its way to the state Supreme Court. A Marion County judge on Thursday ruled that White was not legally qualified as a candidate for the office he holds, and ordered that Democrat Vop Osili, the second-place finisher in the 2010 election, be installed in his place.

The ruling by Marion Circuit Judge Louis Rosenberg overturns a decision made by the three-member Indiana Recount Commission. That panel had ruled that despite controversy over his legal residence, White, a Republican, was eligible for the ballot.

Now, Indiana Attorney General Greg Zoeller’s office, which represents the Recount Commission, will ask the Indiana Court of Appeals to consider the case, and also place a hold on the ruling that would keep White in office while the legal process plays out. That court is the last step before the case would reach Indiana’s highest court.

Indiana: Judge rules Indiana secretary of state was ineligible to run | 13 WTHR

A Marion County Circuit Court judge has ruled that Indiana Secretary of State Charlie White was not eligible to be a candidate for the office, and that White's Democratic challenger Vop Osili should be certified as the secretary of state. The matter now goes back to the Indiana Recount Commission.

The ruling by Judge Louis Rosenberg stems from a civil lawsuit by the Indiana Democratic Party. It sets aside the previous decision of the Indiana Recount Commission to allow White to remain in office.

Indiana: Judge won’t drop Charlie White voter fraud case | The Indianapolis Star

A Hamilton County judge has denied Indiana Secretary of State Charlie White's motion to dismiss seven felony charges that were filed against him earlier this year.

White, who is accused of voter fraud and other crimes because of confusion surrounding where he lived while running his 2010 campaign, had argued that the charges should be dismissed because there were problems with the grand jury process that led to his indictment, among other things.

Indiana: Charlie White asking judge to dismiss charges against him | Indianapolis Business Journal

A judge will consider Friday afternoon whether to dismiss criminal charges including theft and voter fraud against Indiana Secretary of State Charlie White that could lead to his removal from office. White faces a January trial on the charges, which also include perjury, unless Hamilton Superior Court Judge Steven Nation decides the counts should be dropped. Nation will hear oral arguments Friday in suburban Noblesville, north of Indianapolis.

The decision could mark the end — or almost the end — of a long, harrowing road for the Republican, who won the November 2010 election by about 345,000 votes despite accusations that he lied about where he lived in the 2010 primary so he could continue collecting his pay from the Fishers Town Council. State Democrats also filed a civil lawsuit seeking to oust him from office, but the Indiana Recount Commission ruled against them in June. Democrats have since appealed that decision to a Marion County judge, who is due to rule this month.

Indiana: Judge weighs request in White case | The Indianapolis Star

An attorney for indicted Indiana Secretary of State Charlie White urged a judge Friday to consider findings by the Indiana Recount Commission as he weighs White's request to dismiss voter fraud and other criminal charges that could lead to his removal from office. Attorney Carl Brizzi told Hamilton Superior Court Judge Steven Nation that the recount panel's unanimous June ruling that White was eligible to run for office last year should have a bearing on White's bid to have the criminal charges against him dismissed.

A Hamilton County grand jury indicted White in March on seven felony counts alleging he used his ex-wife's address on voter registration and other documents while he lived at a condo where he intended to live with his new wife. The grand jury also found that he collected his Fishers Town Council salary after moving out of the district he represented. White faces a January trial on the charges, which also include perjury, unless Nation decides the counts should be dropped. Nation said he would rule by Friday on that request.

Indiana: Monroe County To Vote On Buying Election Equipment Monday | Indiana Public Media

The Monroe County commissioners have postponed a vote on purchasing 2012 voting equipment until Monday because of an Election Board vote that rejected a proposal for vote centers. Commissioner Iris Kiesling says they needed more time to decide what equipment would give them the best deal for their money.

“Now that we have to provide service to eighty-two precincts, although some of those might be co-located, we have to look at our numbers and see what the best proposal is that we have before us,” she says.

Kiesling quoted a Financial Policy Institute report released last year that said vote center elections would cost Monroe County nearly $87,000. Precinct elections would cost $161,000. That does not include the 15 new precincts that will be added this year. County Clerk Linda Robbins, who voted in favor of the vote centers, says the higher cost is why finding the voting equipment could be difficult.

Indiana: Lake County voting machine provider to be reviewed | Post-Tribune

A Ball State University-based oversight program will review the voting technology used by Lake County at the bidding of the Indiana Election Commission. The county’s vendor, MicroVote, has not reapplied for state certification though several of its models were certified in the past.

The Election Commission ordered the review because MicroVote wants the ability to sell parts to the 47 Indiana counties using its system. A future ruling could impact Lake County’s ability to replace failed parts or purchase additional MicroVote machines.

Indiana: How Many Ballot Scanners Should We Buy for 2012 | individual.com

How many voting machines does Monroe County really need? If the county decided to scan paper ballots at a central location, such as at the Justice Building, after 2012 elections, it wouldn't matter whether the county commissioners purchase enough machines for 81 precincts or 20-some vote centers.

The county could consider buying just one high-speed digital ballot scanner, similar to the one it used in the May 2011 primary elections. Even if all 94,164 registered voters in the county show up to vote, results would be delayed only by a few hours over having a scanner at each polling place, and the county would save money.

Indiana: State officials want proposed Lake voting machines tested | nwitimes

The Indiana Elections Commission refused Friday to immediately approve Lake County's purchase of remodeled electronic voting machines, which local officials say are crucial to reducing long lines of voters next year. Sally LaSota, county elections director, said Friday more machines are needed before the 2012 primary election when President Barack Obama's re-election bid is expected to bring out busloads of early voters.

LaSota said she needs help handling the anticipated crowd and asked state elections officials to permit MicroVote, which has manufactured the 1,050 current machines, to provide more updated electronic voting stations. Michelle Fajman, county recorder and elections director during the 2008 Obama campaign, said, "In Gary, we had people voting as late as 10 p.m. Lake County is in dire need of more machines."

Indiana: State officials want proposed Lake County voting machines tested | nwitimes

The Indiana Elections Commission refused Friday to immediately approve Lake County's purchase of remodeled electronic voting machines, which local officials say are crucial to reducing long lines of voters next year.

Sally LaSota, county elections director, said Friday more machines are needed before the 2012 primary election when President Barack Obama's re-election bid is expected to bring out busloads of early voters. LaSota said she needs help handling the anticipated crowd and asked state elections officials to permit MicroVote, which has manufactured the 1,050 current machines, to provide more updated electronic voting stations.

Indiana: Absentee ballots ‘disappear’ in Clark County | WDRB 41 Louisville

Election officials in southern Indiana are looking for hundreds of absentee ballots they say 'just disappeared.' Clark County Party leaders say they've gotten dozens of calls from voters about missing ballots. They're worried their vote won't be counted in Tuesday's election. If the number of signs in Jeffersonville are any indication, there's plenty of interest in Tuesday's races.

"I think we've got several of our municipal elections in Jeff and Clarksville that could come down to just a few votes," said Clark County Republican Party Chair Jamey Noel. Noel says the two hundred missing ballots are particularly frustrating.  While that may not seem like a significant number, he says the margin of victory could be razor-thin in some races. "This is really not just a Democrat or Republican problem," he said. "It's a problem in general that everyone deserves the right to vote and their vote should count." The ballots apparently went missing at some point between the time they left the Clark County Government Building, and when they were supposed to be delivered to the Post Office.

Indiana: Tuesday’s paper ballots will be counted by hand | tmcnet.com

When Bloomington residents vote in municipal elections on Tuesday, they'll be making marks on paper ballots, which they'll slip into a box. At the end of the day, the votes will be tallied by hand. That's the same system local voters used more than 100 years ago.

In the November 2010 general election, Monroe County voters used electronic voting machines that automated tallying. Even in the May 2011 primary election, the votes -- on paper ballots -- were tallied using a high-speed optical scanner. Monroe County voters have been using voting machines, mechanical or electric, since the '60s, but on Nov. 8, 2011, they will use the same system used by America's founding fathers.

What happened? ES&S contract In December 2010, Monroe County signed a contract with Elections Systems and Software, of Omaha, Neb., for the purchase of digital scanners that would read paper ballots and tally votes. Such a system allowed verifiability: paper ballots, or a sample of them, could be compared to the machine's tally to ensure accuracy.

Indiana: New way to cast vote | Palladium-Item

Early voting opens Saturday for the Richmond city election and that means thousands of voters will need to become acquainted with new voting machines installed this year. The Wayne County Clerk's office Wednesday mailed out cards to all registered, eligible voters. They will need to bring the cards with them when they vote, along with a government-issued photo identification.

Joining "P-I Live!" Thursday to discuss the hours, locations and procedures for voting in this election were Jo Ann Stewart, Wayne County Clerk, and Doug Williamson, a Wayne County Commissioner instrumental in reviewing and authorizing the new voting machines for use locally.

Indiana: No special prosecutor will be appointed for voter-fraud allegations against Bayhs | The Indianapolis Star

The Marion County Election Board will review allegations by Secretary of State Charlie White that former U.S. Sen. Evan Bayh committed voter fraud. Marion County Prosecutor Terry Curry referred the case to the board Thursday after rejecting a request by White to appoint a special prosecutor to investigate.

Curry said despite owning a home in Washington, D.C., Bayh and his wife could vote in Indiana's May 2011 primary. "The mere fact that a person maintains a residence in a state other than Indiana -- even if the out-of-state property is more valuable than the Indiana property -- is insufficient to conclude that the person has committed fraud by voting in Indiana," Curry wrote in a statement.

White's attorney, Carl Brizzi, said he never expected the prosecutor to pursue the matter criminally. And that was the point.

Indiana: Charlie White’s request to investigate Bayh voter fraud claims denied | fox59.com

The Marion County Prosecutor's Office released a statement Thursday stating they have declined Indiana Secretary of State Charles White's request to appoint a special prosecutor to investigate allegations of voter fraud by former Senator Evan Bayh and his wife, Susan.

White is accused of voting in the wrong precinct during the May 2010 primary among several other charges. He is accused using his ex-wife's address to vote. White maintains he was the victim of an innocent mistake. White was indicted on seven felony charges in March, including voter fraud, theft and perjury.

The Marion County Prosecutor’s Office said they reviewed documents delivered to them by White, who accused the Bayh’s of committing voter fraud by voter fraud in May 2011, because they had property in both Washington, D.C. and Marion County.

Indiana: Vote centers up for debate in Monroe County | Indiana Daily Student

Voting rights and procedures were debated again, as they were last fall, at a 4 p.m. Tuesday work meeting of the Monroe County Election Board. The board, staffed by Judith Smith-Ille, Jan Ellis and Monroe County Clerk Linda Robbins, discussed a motion to stop using voter precincts and instead open vote centers for the 2012 elections.

Smith-Ille, the lone Republican on the board, questioned the timing of the proposal. “I don’t want you to think I’m against vote centers. I’m not. I just don’t think 2012 is the year to do them,” Smith-Ille said. There are currently 90 voting precincts in Monroe County, Robbins said. There would be far fewer vote centers, if they were implemented, which would make the voting and vote counting processes easier, she said.

Indiana: Indiana Republicans Call For Federal Election Fraud Investigation | WRTV Indianapolis

Indiana Republicans are calling for a federal investigation into whether President Barack Obama got on the ballot illegally here in 2008.
The GOP wants to know who was responsible for alleged forged signatures on Obama’s petitions and those for Hillary Clinton. State Republican Chairman Eric Holcomb sent a letter Friday to U.S. Attorney for Northern Indiana David Capp asking to open an investigation and to punish anyone responsible for submitting fraudulent petitions, 6News' Norman Cox reported.

The request is based on newspaper articles in South Bend reporting that hundreds of names were forged on petitions to put Obama and Clinton on the primary ballot in 2008. Holcomb said it wasn't his intent to try to remove Obama from office, but he wants to know who was responsible and send them to jail. "What I want to know going forward is, what happened, who was involved, and what's the appropriate punishment for that crime," Holcomb said.

Indiana: Bayh Denounces ‘Baseless’ Voter Fraud Accusations | WRTV

Former Indiana Sen. Evan Bayh is denouncing what he calls baseless allegations of voter fraud brought by embattled Secretary of State Charlie White. In a five-page, single-spaced complaint filed Tuesday, White accused the former Democratic senator and his wife, Susan Bayh of casting ballots in May's primary in Indiana while living in Washington, D.C., and of improperly claiming a property tax homestead exemption on a condo they own in Marion County.

White faces trial in January on seven felony charges, including voter fraud, after prosecutors allege he illegally registered to vote at his ex-wife's address when he declared his candidacy for the office.

"Mr.White's assertions are baseless. His situation is factually and legally different than mine," Bayh said in a statement Thursday. White claims the Bayhs actually reside in a $2.3 million home in Washington, D.C., not their $58,000 condo on Indianapolis' northwest side. But Indiana Democrats stressed that the Bayhs have always had a home in Indianapolis and called White's complaint "laughable and regrettable."

Indiana: Bayh calls White’s vote fraud allegations ‘baseless’ | The Indianapolis Star

Former U.S. Sen. Evan Bayh is calling voter-fraud allegations against him and his wife, Susan, "baseless." But whether the allegations, made in a criminal complaint filed by Secretary of State Charlie White on Tuesday, will lead to charges is difficult to say.

The law is open to interpretation, according to one legal expert. "(It depends) on how rigidly or flexibly you follow the law," said Dianne Pinderhughes, a political science professor at the University of Notre Dame.

The Marion County prosecutor's office is reviewing White's complaint, which alleges that the Bayhs shouldn't have voted absentee in the Indianapolis municipal primary in May. They own a condo in Indianapolis, but their main residence is a multimillion-dollar home in Washington, D.C., White contended.

Indiana: White asks for voter fraud investigation of Bayhs | Daily Reporter

Beleaguered Indiana Secretary of State Charlie White requested an independent prosecutor Tuesday to look into his allegations of vote fraud and homestead fraud against former Democratic Sen. Evan Bayh and his wife, Susan. White, a Republican who is facing charges of vote fraud himself, filed documents with Democratic Marion County Prosecutor Terry Curry requesting an independent prosecutor to investigate whether the Bayhs voted fraudulently in Indiana's May Democratic primary. He's also challenging the Bayhs' Indiana homestead tax exemption when both resided primarily in Washington, D.C.

The Bayhs claim the property tax exemption on an Indianapolis condominium valued at $58,200 but also own a $2.2 million home in Washington, White said in a complaint filed with Curry. "Everybody knows he (Bayh) doesn't live here," White said in a telephone interview. He said Bayh should have done what Dan Coats did when he left the Senate and re-registered to vote at his Washington-area address. Coats has since been re-elected to the Senate from Indiana. White said he didn't expect much to come of his request because the Bayhs are granted more leeway than most political couples.

Indiana: Complaint on Secretary of State White | The Indianapolis Star

A Marion County judge will hear arguments next month on Democrats' challenge to Charlie White's ability to remain Indiana's secretary of state. The Democrats are contesting the Indiana Recount Commission's June ruling that White can stay in office, despite allegations that he was illegally registered to vote at his ex-wife's address when he declared his candidacy.

Marion Circuit Judge Louis Rosenberg will hold oral arguments on the Democrats' petition for judicial review Nov. 23.

Indiana: Local clerk won’t challenge ballot issue despite court ruling » Evansville Courier & Press

Local elections officials don't plan to challenge a new law that leaves names of unopposed municipal candidates off ballots — but the statute may be destined to change anyway. On Wednesday, a Tippecanoe Circuit Court judge granted a preliminary injunction overriding the statute in that county.

The law, which took effect July 1, means that Evansville City Council members Dan McGinn, R-1st Ward, and Connie Robinson, D-4th Ward, will not appear on the Nov. 8 municipal election ballot. The statute affects only municipal elections.

Indiana: Election officials work out details of ballot ruling | Journal and Courier

Absentee voters in Tippecanoe County will not be sent new ballots with names of all candidates running in November's municipal election. Instead, the 69 absentee ballots sent between Sept. 23 and noon Wednesday will be reviewed and entered by hand using a bipartisan team, Tippecanoe County Clerk Christa Coffey said Thursday.

It's the latest development to come out of a civil lawsuit filed by Lafayette Mayor Tony Roswarski, West Lafayette Clerk-Treasurer Judy Rhodes and others challenging a new Indiana law that said names of unopposed municipal candidates may not be placed on ballots.

Both Roswarski, a Democrat, and Rhodes, a Republican, are running unopposed in November. Tippecanoe Circuit Court Judge Don Daniel on Wednesday granted a preliminary injunction keeping an election law passed earlier this year from taking effect in Tippecanoe County.

Indiana: Election law slipped by GOP leaders | South Bend Tribune

If getting people to vote wasn't hard enough already, a new Indiana law will further stifle democratic spirit on Nov. 8. The measure removes from the ballot municipal candidates who are unopposed. What's disturbing is that the idea became law in the first place.

In hindsight, key legislative leaders call it a mistake. "I don't like it," said Brian Bosma, R-Indianapolis, who as House Speaker signed off on an election law package that included the offending language. "It's terrible public policy." He and Senate President Pro Tem David Long, R-Fort Wayne, say they'll fix the law next session. But that won't happen in time for Election Day when folks in some parts will show up to vote -- and find little to do.

In Johnson County, voters may spend more time parking, walking into a polling site and checking in than they will casting ballots, Clerk Sue Anne Misiniec told the Daily Journal. New Whiteland and Trafalgar won't hold elections because there are no contested candidates.

Indiana: Decisions – Bad news for those who still answer their landlines and cells | Indiana Law Blog

Federal Judge William T. Lawrence has issued a permanent injunction this afternoon against the enforcement of Indiana’s Automated Dialing Machine Statute (“IADMS”), Ind. Code 24-5-14 with regard tointerstate calls made to express political messages.

The case is Patriotic Veterans v. State of Indiana, ex rel. Greg Zoeller. From the opinion:

Plaintiff Patriotic Veterans, Inc., is an Illinois non-profit corporation that exists for the purpose of informing voters of the positions taken by candidates and office holders on issues of interest to veterans. In furtherance of its mission, the Plaintiff wishes to place automated interstate telephone calls to Indiana residents to communicate political messages relating to particular candidates or issues.