Indiana: Secretary of State seeks dismissal of criminal case | The Indianapolis Star

Indiana Secretary of State Charlie White is asking a Hamilton County judge to dismiss criminal charges against him because of errors special prosecutors allegedly committed when they obtained his indictment from a grand jury.

In a motion filed Friday, White’s attorney, former Marion County Prosecutor Carl Brizzi, claims, among other things, that the special prosecutors handling his case weren’t appointed correctly and that they didn’t provide the grand jury with the appropriate descriptions of the law.

Indiana: How much would you pay to cast a meaningless vote? | The News-Sentinel

Perhaps the right to vote is priceless. But should taxpayers really have to shell out more than $1,500 for the right to cast purely symbolic ballots in an election devoid of races, drama and any tangible value?

Turns out the answer to that seemingly outlandish question is yes – at least if you live in New Haven. When members of the Allen County Election Board last week unanimously agreed to place the names of unopposed candidates on the Nov. 8 ballot despite a new state law to the contrary, they may have thought they were upholding a higher principle: that even the lack of an opponent shouldn't disenfranchise people whose right to vote was bought with blood, not money. In most cases it would be a nice – if meaningless – gesture.

But not in New Haven, where two polling places that were to have been closed in November because of the total lack of contested races must now be opened, fully staffed and equipped – just so anybody who bothers to show up can futilely vote in elections that were decided long ago.

Indiana: Allen County ballots to include unopposed candidates | The Journal Gazette

Uncontested candidates in the fall municipal elections will appear on the ballot in Allen County, at least for now. The county election board on Thursday unanimously voted to place the names on the ballot despite a state law saying the names should not appear.

Andrew Boxberger, the Democratic board member, said the board believed the new state law was ambiguous. “If it’s ambiguous, we are going to err on what is in the best interest of the voters,” Boxberger said. He said that after reaching the decision, the county’s election director has raised new questions about the issue and it might be revisited when the board meets next week.

Indiana: All candidates will be on ballot | Palladium-Item

Unopposed candidates in this fall's municipal election in Richmond will have their names on the ballot thanks to a decision Monday by Wayne Superior Court No. 2 Judge Greg Horn.

Horn granted an injunction stopping Wayne County Clerk Jo Ann Stewart from omitting the names of unopposed candidates from local ballots. Stewart was following a new state law, effective July 1, that required county clerks across the state to omit names of unopposed candidates.

Indiana: Supreme Court: No Shortcuts in Charlie White Election Challenge | 93.1 WIBC Indianapolis

The Indiana Supreme Court has refused to take over jurisdiction in the election challenge against Secretary of State Charlie White. Democrats have sued to overturn a Recount Commission ruling that White's voter registration was proper. White had asked the Supreme Court to take over the case from Marion Circuit Judge Louis Rosenberg.

The justices say a case can skip the Court of Appeals, but not the trial court. "All I was trying to do is just expedite the process," White says. "You know, I tried, and I guess we'll just move forward."

Indiana: Judge: Ballot suit ruling Monday | Palladium-Item

Wayne Superior Court No. 2 Judge Gregory Horn will decide by Monday whether to order the Wayne County clerk to put the names of those running unopposed in Richmond's Nov. 8 general election back on the ballot.

Horn presided over a preliminary hearing Friday in the lawsuit filed last week by Wayne County's two political parties, two candidates in that election and two voters in districts where candidates are unopposed.

They filed an injunction asking for a prompt ruling opposing an interpretation of a new Indiana law that requires county clerks statewide not to list names of unopposed candidates on ballots in municipal elections. The Indiana Legislature this year created the law in the hope of helping counties save on election costs.

Indiana: Suit surprises other clerks – Union, Fayette officials planned to leave names off ballots | Palladium-Item

Area county clerks were surprised Friday when they learned Wayne County political parties and candidates had filed suit over a new Indiana law allowing candidates for non-contested offices to be left off ballots.

Republican and Democrat party officials, two city council candidates and two voters filed a lawsuit late Thursday in Wayne County court asking Wayne County Clerk Jo Ann Stewart be prohibited from dropping the names of unopposed candidates for District 2 and 4 seats on the Richmond Common Council. The suit also names the Indiana Election Commission and Indiana Secretary of State Charlie White as defendants.

The lawsuit in Wayne County questions how candidates can be elected if nobody votes for them, but that apparently already happens when Indiana towns don't have elections.

Indiana: Friday hearing set for ballot lawsuit | Palladium-Item

Local political leaders are hoping for a quick legal decision in their efforts to stop the Wayne County clerk from dropping unopposed candidates from the ballot this fall. County Clerk Jo Ann Stewart is following amended Indiana Code 3-10-6-7.5 in striking the names of unopposed candidates for Richmond Common Council in the Nov. 8 election.

The code reads in part, "An election may not be held for a municipal office if: There is only one nominee for the office or only one person has filed a declaration of intent to be a write-in candidate under IC 3-8-2-2.5." The law took effect July 1.

Wayne County Democrats and Republicans filed an injunction Thursday to stop the names of unopposed candidates -- Democrat Kelley Cruse-Nicholson in District 2, Republican Clay Miller in District 4 and Republican Larry Parker in District 6 -- from being eliminated from the ballot.

Indiana: New election law could affect voter turnout – Candidates running unopposed may not be on ballot | WLFI

A new state law takes candidates running unopposed off your November ballot. It has election officials concerned about voter turnout for this year's Municipal Election. "I would say the reaction was shock and disappointment," said Heather Maddox.

Heather Maddox and Jared Bond, Co-Directors for the Board of Elections and Registration Office in Tippecanoe County aren't happy with House Bill 1242. Part of that new law, effective on July 1, 2011, has a provision about uncontested municipal elections.

"I expect when we start sending out absentee ballots and people start voting in the satellite voting locations, that we will get some phone calls from people saying, ‘I think my ballot was wrong’," said Bond. Lafayette voters will not be able to cast a vote for Mayor Tony Roswarski, since he has no Republican challenger.

Indiana: New ballot has no place for one-person race | Journal and Courier

Voters who turn out this fall for municipal elections in Lafayette and West Lafayette will find some notable names missing from the ballot. Among them: Lafayette Mayor Tony Roswarski and City Clerk Cindy Murray, and West Lafayette Clerk-Treasurer Judy Rhodes.

They're not dropping out of the races. Those candidates simply don't have any opposition, so thanks to a new Indiana law, their names and offices will be removed from the ballot. They're not too happy about it. And neither are local election officials, who are already making plans to deal with voters they expect will be confused by the blank spaces where names have traditionally been on ballots. The new state law says "an election may not be held for a municipal office if there is only one nominee for the office."

Indiana: White’s trial on voter fraud delayed again | The Indianapolis Star

Secretary of State Charlie White's criminal trial has been postponed again. It will now begin Jan. 30, White's attorney, Carl Brizzi, confirmed this morning after a telephone conference with a Hamilton County judge and prosecutors.

White faces seven felony charges, including voter fraud and theft, because of confusion over where he lived during his campaign for statewide office. His trial had been scheduled for Aug. 8 but was pushed back to Sept. 12.

The latest delay comes days after Brizzi, the former Marion County prosecutor, took over the case. "I think the most compelling reason (for the continuance) is that I'm brand new to the case, so the judge thought it was a good idea to get me up to speed," Brizzi said this morning.

Indiana: Allen County vote-registration transfer on hold | The Journal Gazette

The Allen County Election Board could not agree Wednesday to take over the duties and responsibilities of voter registration, so what happens next falls to the Allen County commissioners.

While two members of the board – Republican County Clerk Lisbeth Borgmann and Republican representative Zachary Klutz – said yes, Democratic member Andrew Boxberger voted no. Per state statute, the vote must be unanimous to become policy. Already dealing with massive budget cuts and facing a presidential election year in 2012, Boxberger said now is not the time for such a transition.

Indiana: Indiana Democrats appeal Recount Commission ruling clearing embattled secretary of state | The Republic

Indiana Democrats on Thursday appealed a decision allowing embattled Republican Secretary of State Charlie White to stay in office while he fights voter fraud charges. The Indiana Democratic Party appealed the Indiana Recount Commission vote allowing White to stay in office. State Democratic Chairman Dan Parker said he wants a Marion County judge to review the decision.

The two Republicans and one Democrat on the Recount Commission voted unanimously last month to let White to keep his job. But comments from the commission's chairman that White's actions brushed up against the line of being illegal merited a court review, Parker said.

Indiana: Election challenge dismissed in Clarksville clerk race | News and Tribune

Clark Circuit Judge Daniel Moore dismissed a case that had been filed by Clarksville Clerk-Treasurer Gary Hall, which claimed Election Day irregularities due to a lack of handicap accessible voting machines at the polls on May 3.

Moore’s decision was a win for Bob Leuthart, who defeated Hall in the Democratic primary by 24 votes. Hall was challenging the results of the election because handicap accessible machines around the county were out of commission on Election Day. A bench trial, which took only about an hour, took place on Friday morning.

John Vissing, Hall’s attorney, based his case on the fact that federal laws passed as a part of the Help America Vote Act require such machines at each polling location. The Clark County Election Board conceded that the machines were not functional.

Indiana: Judge orders special Muncie City Council election in two precincts | The Star Press

Democratic voters in two eastside precincts will again cast primary ballots in the Muncie City Council District 6 race, a Delaware County judge ruled on Friday.

Circuit Court 3 Judge Linda Ralu Wolf ordered that a special election be held Sept. 13 in precincts 12 and 20, voting at the Buley Center and Price Hall, respectively. Those are the polling sites that current District 6 council member -- and apparent primary winner -- Julius Anderson was accused of entering, in violation of election law, while the May 3 primary election was under way.

When the votes cast that day were tallied, Richard Ivy had finished 10 votes behind Anderson in a three-candidate primary field.

Indiana: White seeks delay in criminal trial | The Indianapolis Star

Secretary of State Charlie White's attorney is asking to delay White's criminal trial, which is scheduled for Aug. 8.

Attorney Dennis Zahn told a Hamilton County judge this morning that he will not be done reviewing evidence in time to go to trial in August. He plans to file a formal request for a delay in the next few days. Zahn and White were in court today for a hearing on two other requests.

They claim that the special prosecutors appointed to the case should be removed and that additional material from the grand jury that indicted White should be released to Zahn.

Indiana: White ruling prompts calls for election law reform | nwi times

Secretary of State Charlie White got to keep his job because state law required the Indiana Recount Commission to consider White's "intent" in determining where he resided.

In a 3-0 decision last week, the commission ruled based on White's testimony, and despite legal documents suggesting otherwise, White intended to reside at his ex-wife's home until moving into a condominium once he married his fiancée. That decision meant White, a Republican, was eligible to run for office and can keep his job as the state's chief elections officer because he was properly registered to vote.

But White, members of the Recount Commission and the Indiana Democratic Party, which challenged White's eligibility, all believe Indiana election law needs to be changed to better account for nontraditional families and unusual living situations.

Editorials: White claims vindication … but, please | Evansville Courier & Press

Despite a stern rebuke from the Indiana Recount Commission's chairman, Indiana Secretary of State Charlie White claimed vindication after the three-member panel decided not to boot him out of office last week.

He said the secretary of state's office, and he as its head, have lost no credibility as a result of voter fraud accusations that very well might result in White being forced out of office by a criminal trial in Hamilton County set to start in August.

His logic behind that claim? Voters knew about the accusations he faced, and still elected him. Therefore, he should be able to do the job with his name and reputation intact.

Please.

Indiana: White: ‘There is no loss of credibility’ | The Indianapolis Star

Secretary of State Charlie White smiled triumphantly, took his wife's hand and calmly walked past the reporters waiting to talk to him Tuesday after the Indiana Recount Commission allowed him to keep his job.

But his victory might be short-lived. His job still is in jeopardy.

Even though the bipartisan panel voted 3-0 to reject Democrats' complaint that he was illegally registered to vote at the time he declared his candidacy, the Democrats could appeal to the courts.

Editorials: Jennifer Wagner: Charlie White’s lonely outpost | The Indianapolis Star

If there's one thing Indiana Republicans and Democrats can agree on, it's that disgraced Secretary of State Charlie White should step down from the office he's embarrassed since the day he took the oath.

On Tuesday, the Indiana Recount Commission granted White a temporary legal reprieve, ruling that the state's election laws are sufficiently vague to prevent his removal from office. White faces criminal trial in August on seven felony counts of voter fraud, theft and perjury.

White has attempted to turn his failure to properly register to vote and his illegitimate service on the Fishers Town Council into an intricate personal tale: It wasn't his fault he broke the law. Life just got too complicated to focus on the details.

Indiana: Secretary of State White can stay in office, recount panel rules | The Indianapolis Star

The Indiana Recount Commission voted 3-0 this morning that Secretary of State Charlie White can remain in office. The panel of two Republicans and one Democrat turned down Democrats’ complaint that White was illegally registered to vote when he declared his candidacy last year.

The ruling came as a relief to White, who smiled and took his wife’s hand as they exited the hearing this morning. He said his feelings today reminded him of his elation after he handily defeated Democrat Vop Osili in last November’s election.

“I’m very humbled,” White said after hearing the commission’s ruling. “Obviously, our family is very happy that we’ve been able to at least put the recount commission phase of this is behind us.”

Indiana: Charlie White wins ruling, to retain office | The Journal Gazette

The Indiana Recount Commission ruled 3-0 Tuesday that Secretary of State Charlie White will keep his statewide office despite confusion over his voting address last year.

The partisan panel – two Republicans and one Democrat – specifically found that White was legally registered to vote when he ran for office and won last year – something the Indiana Democratic Party contested.

Commission Chairman Tom Wheeler said White was an eligible candidate and was properly registered at his ex-wife's home because he intended to live there with his son until his marriage in late May 2010. The finding puts an end to the civil complaint unless the Democrats decide to appeal.

Indiana: Commission rules today on White | The Indianapolis Star

The Indiana Recount Commission will rule today on Democrats' challenge to Charlie White's eligibility to serve as secretary of state.

The Democrats say White was illegally registered to vote at the time he declared his candidacy and should be replaced by Democrat Vop Osili, whom White defeated in November.

The commission's decision will determine White's immediate political future, but it might not end the months-long debate over his eligibility to hold office because either side could appeal to the courts.

Editorials: Charlie White: Recount Commission decision should rest with facts and law | The Indianapolis Star

In recent months, much has been said and written about the Indiana Democratic Party's challenge to my candidacy and election. Months to you have felt like years to me, and I welcome the end to this chapter with today's findings of the Indiana Recount Commission -- whatever they may be.

It was unnecessary and cruel to drag my family into this matter. Much of what forms the basis of the dispute in this challenge and the criminal action in Hamilton County center on my attempts to put the needs of my family first -- to respect the wishes of my wife, Michelle, and her children, and my desire to be near and share custody of my son with my former wife and friend, Nicole, during my campaign. Both Michelle and Nicole have been targeted or questioned by prosecutors and the Democrats' legal team. I'm relieved our side of the story is now public record.

Indiana: Election panel chairman has ties to White campaign through law firm’s donations | The Republic

The state panel that is weighing voter fraud allegations against Indiana Secretary of State Charlie White includes a Republican linked to White through political contributions.

Indiana Recount Commission Chairman Tom Wheeler is listed as a participant in a White fundraiser in May 2009. Campaign finance records show a political action committee for Wheeler's law firm donated $5,000 to White's campaign in July 2010.

Frost Brown Todd spokesman Mike Murphy says the state double-counted contributions and that the PAC donated $2,500 to White and $1,000 to Democrat Vop Osili.

Indiana: White hopes atypical family tale has silver lining | The Journal Gazette

Indiana Secretary of State Charlie White's descriptions of his complicated personal life may have been more than some voters bargained for as the state's top elections official fought for his political future before the Indiana Recount Commission last week.

But if there's a silver lining for White, who faces voter fraud allegations that could cost him his job and his freedom, it could be that he presented himself as a family man — something that political observers say resonates with Hoosier voters.

The White case has become a rare unloading of all things deeply personal in a state where the family life of a politician — from Gov. Mitch Daniels' divorce and remarriage to the same woman to Rep. Dan Burton's child born out of wedlock — gets little scrutiny.

Indiana: White’s eligibility to hold office to be decided Tuesday | The Indianapolis Star

The Indiana Recount Commission will determine Secretary of State Charlie White’s eligibility to hold office on Tuesday – two days sooner than planned. The commission heard testimony this week regarding Democrats’ complaint that White was illegally registered to vote at the time he declared his candidacy and is ineligible to serve. The Democrats say White should be replaced by Democrat Vop Osili, who White defeated by a large margin last November. The commission will meet at 9 a.m. Tuesday to discuss the facts of the case and rule on the Democrats’ challenge. It was originally scheduled to announce its decision on Thursday.

White is accused of using his ex-wife’s address on his voter registration records. The Democrats suspect that he was living in a condo he purchased for him and his new wife. This week’s hearing lasted seven hours, and White testified for about two hours.