Attorney General Greg Zoeller announced that his office will appeal a Marion County judge’s decision that Indiana Secretary of State Charlie White is ineligible to hold office because he was registered to vote in a precinct where he didn’t live while campaigning for office in 2010. Marion Circuit Court Judge Louis Rosenberg on Thursday reversed the Indiana Recount Commission’s ruling that White was eligible and should continue to serve.
In a news release issued this afternoon, Zoeller said that he plans to appeal without waiting for the three-member recount commission to meet and vote on whether it should appeal.
“My office ultimately represents the State and the public interest,” Zoeller said in the release, “and as the State’s chief legal officer it is not necessary to wait to appeal until the Recount Commission can meet and vote on seeking an appeal. The Attorney General’s Office already has the independent authority to assert the legal interest of the State and bring some clarity and certainty out of the confusion.” Indiana Secretary of State Charlie White will remain in office until after the holidays.
A Marion County judge has halted the enforcement of a ruling issued Thursday that ordered White to be stripped of his title and his Democratic opponent, Vop Osili, to take over.
White notified the court today that he intends to appeal and asked Judge Louis Rosenberg to stay his ruling until a higher court hears the case. In a new order issued today, Rosenberg scheduled a hearing on White’s request for next Thursday and stayed his ruling until then.
He then postponed the hearing until Jan. 3 because White’s new attorney, Jonathan P. Sturgill, asked that Rosenberg re-schedule it until after the New Year’s holiday. That means no further action could be taken toward removing White from office until Jan. 3, at the earliest.