Ruling on an emergency transfer request, the Indiana Supreme Court today accepted Secretary of State Charlie White’s appeal against the state’s Democratic Party and ruled it won’t put a halt to the case while a recount investigation and criminal voter fraud proceedings are ongoing.
With that, the justices are allowing for the Indiana Recount Commission to rule on whether White – elected as the state’s chief election officer in November – was eligible for office because he registered using a false home address during his campaign.
Both White and the commission had appealed Marion Circuit Judge Lou Rosenberg’s decision in the past month ordering commission members to hear a challenge from Democrats, who allege White was illegally registered to vote at the time he declared his candidacy and therefore ineligible to run. The commission has scheduled an evidentiary hearing for the election contest June 21 and self-imposed a June 30 deadline for deciding on the matter.
That eligibility is related but separate from the criminal case in Hamilton County involving White. He faces a trial in August on felony voter fraud charges. The newly elected state official remains in office while these two matters are pending. He asked the Supreme Court to stay the recount matter until the criminal case is resolved on grounds that the voter fraud question is what is at issue in both civil and criminal proceedings. White argued that putting the recount matter first could jeopardize the felony case if he decides to defend himself.
The two-page order came today in Charlie White, et al. v. Indiana Democratic Party, No. 49S02-1105-MI-291. Noting that it only accepts jurisdiction on Appellate Rule 56(A) cases in extraordinary matters involving emergency and substantial questions of law of great public importance, the justices granted the request in this case. The court denied White’s request to stay the matter.