The Indiana Recount Commission says it will appeal a judge’s ruling ordering it to reconsider whether Republican Secretary of State Charlie White was a valid candidate for the office to which he was elected.
The commission did not lay out its case in the notice of appeal it filed in Marion Circuit Court, and officials at the commission and attorney general’s office, which represents it in court, declined to discuss the substance of the appeal until it is filed. There is currently no timetable for the filing, said Bryan Corbin, a spokesman for the attorney general’s office.
The commission has won and lost in the court battle over its 2-1 decision in December in which it dismissed state Democrats’ petition challenging White’s candidacy on the grounds that he had allegedly committed voter fraud — the same offense for which White was later indicted on criminal charges. In April, Judge Louis Rosenberg overturned the decision, saying it “was not in accordance with law” and leaving it to the commission to rectify.
The notice filed Friday also says the commission intends to appeal Rosenberg’s denial of White’s request for a stay and a May 2 order setting deadlines for the panel to act. The commission responded last week by saying it would hold a hearing on the issue June 21 and reach a decision by June 30.