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.
“He (White) wanted to show the inconsistent application of the election law,” said Brizzi, a former Marion County prosecutor. “He wanted to say, ‘Look, this stuff happens and no one ever gets prosecuted.’ ”
White made the request as a private citizen and not in his capacity as secretary of state. White was indicted by a Hamilton County grand jury on seven felony charges, including voter fraud, for using his ex-wife’s address to vote in the May 2010 election in Hamilton County.