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.
The following is a statement from the Marion County Prosecutor’s Office regarding White’s allegations against the Bayh’s:
We have reviewed the materials delivered to this office by Charles White. In those documents, he requested that the Marion County Prosecutor’s Office seek the appointment of a special prosecutor to investigate his allegations of voter fraud by Evan and Susan Bayh. We decline to grant Mr. White’s request to appoint a special prosecutor. If Mr. White disagrees with this determination, Indiana law affords him the opportunity to personally petition the court to appoint a special prosecutor.
As to Mr. White’s allegations of improper voter registration, Mr. White does not include allegations that would lead one to conclude that Evan and Susan Bayh intend to abandon their Marion County residency. In essence, Mr. White alleges that Mr. and Mrs. Bayh have committed voter fraud by voting in the May, 2011, Indiana primary because they maintain residences in both Washington, D.C., and Marion County, Indiana. 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. In fact, the documents attached to Mr. White’s complaint, namely the Indiana voter registration records and property tax statements, lend support to the notion that the Bayhs do not intend to abandon Marion County as their residence.