Indiana: Bopp’s office site of Occupy protest on campaign funds case | TribStar.com

Members of Occupy Terre Haute and Occupy Nomads stood in front of the Terre Haute offices of attorney James Bopp Jr. on Friday to call for a constitutional amendment on the second anniversary of a U.S. Supreme Court decision on political campaign funding. In Citizens United versus Federal Election Commission, the high court stated that corporations have the same First Amendment rights as people and can spend unlimited amounts to influence elections, said Leigh Chapman, a Terre Haute resident and member of Occupy Terre Haute. Bopp took the case to the Supreme Court, while another attorney presented the issue before the court.

Indiana: Tempers flare at White hearing | WISH-TV

Fireworks flew in a Hamilton County courtroom as lawyers prepared for the Charlie White criminal trial. White, Indiana’s secretary of state, faces seven felony charges, including voter fraud, perjury and theft. His lead defense lawyer, Carl Brizzi, sees the upcoming criminal trial as an tough task. “Any time someone is charged by the state or federal government for a crime, it’s an uphill battle,” he said. “We talk about a legal presumption of innocence, but i don’t think that really exists out in society.”

Indiana: Vote Centers are Here to Stay in Indiana | State of Elections

Indiana is one of several states pioneering vote centers, which are consolidated polling places open to any eligible voter in a locality. Vote centers came into existence in 2003, when Larimer County, Colorado first pioneered the configuration. Today, nine states have laws permitting vote centers, but Indiana was the first to use them on a large scale. In 2006, the Indiana Secretary of State began a pilot program, allowing counties to test vote centers to determine if they would be an effective means of election day administration. Three counties, Cass, Tippecanoe, and Wayne, participated in the program from 2007 to 2010, and their reports prompted the state legislature to pass a bill during its 2011 session to enable all counties to adopt the vote center model as their permanent method for voting.

Indiana: Attorney General asks state’s high court to review Charlie White case | The Indianapolis Star

The Indiana Attorney General’s Office is asking the Indiana Supreme Court to review the case of Secretary of State Charlie White. A Marion County judge ruled in December that White is ineligible to hold office because he was improperly registered to vote at his ex-wife’s house in 2010 when he was a candidate. His ruling overturned a June decision by the Indiana Recount Commission that White could stay in office.

Indiana: Indiana Attorney General asks high court to hear candidacy dispute | Journal and Courier

Indiana Attorney General Greg Zoeller has asked the state Supreme Court to decide whether Charlie White can remain secretary of state. The court didn’t immediately say Tuesday whether it’ll take up the case. Zoeller represents the state recount commission, which is appealing a judge’s decision that found White ineligible to run for the office he won in November 2010. That reversed a previous recount commission ruling that upheld White’s candidacy. The judge has delayed enforcing the order pending the appeal.

Indiana: Charlie White Can Stay In Office During Appeal, Judge Rules | WRTV Indianapolis

Marion Circuit Court Judge Louis Rosenberg ruled Wednesday that Indiana Secretary of State Charlie White can remain in office while he appeals an order removing him from the statewide post.

Rosenberg said he reached the decision because he felt “the negative consequences would be great and irreparable” if he did not grant the stay. Rosenberg had issued an order Dec. 22 ousting White because he was improperly registered as a candidate when he ran for office in 2010.
But he stayed that order pending a hearing Tuesday requested by White, who has filed a notice of appeal.

Indiana: Gov. Daniels Embarrassed By White’s, Hardy’s Legal Woes | WRTV Indianapolis

As Gov. Mitch Daniels looks ahead to his last year in office, he said there are some things that he’d rather not remember. In a year-end review, Daniels said Secretary of State Charlie White’s troubles and former Indiana Utility Regulatory Commission chairman David Lott Hardy’s indictment was an embarrassment to him and other Republican leaders, RTV6’s Norman Cox reported.

White is accused of lying about where he lived during the 2010 primary for secretary of state so he could continue collecting his pay from the Fishers Town Council.

Indiana: Charlie White’s tenure may hinge on today’s ruling | The Indianapolis Star

A judge could decide today how long Indiana Secretary of State Charlie White can keep his job. Marion Circuit Judge Louis Rosenberg ruled last month that White is ineligible to hold office. White appealed and asked Rosenberg to delay his removal until a higher court hears the appeal.

Rosenberg agreed to halt proceedings until today, when he will hear arguments over whether White’s removal should be postponed until the appeal process is finished. If Rosenberg rules against White, Vop Osili, the Democrat who ran against White, will take over as secretary of state.

Indiana: Court Upholds Robocall Ban | WRTV Indianapolis

The Indiana Supreme Court ruled Thursday that a state law that requires a live operator on the phone before any recorded message is delivered does not violate the right to free speech or the right to participate in political speech.

The 4-1 decision involves a case that began in 2006 in which FreeEats.com, an automated phone messaging operator, sought to overturn an Indiana law that forbade so-called robocalls, or unsolicited calls with automated messages.
The case stemmed from automated calls the company made on behalf of a group called the Economic Freedom Fund during the 2006 congressional campaign.

Indiana: What’s Next in the Charlie White Case? | WIBC Indianapolis

A Marion County Circuit Court Judge’s ruling on Secretary of State Charlie White’s eligibility to run for office is likely heading for appeal, so what happens after that?

Judge Louis Rosenberg ruled that White was ineligible to run for office because he was not legally registered to vote when he filed for candidacy. That ruling reversed an earlier unanimous decision by the Indiana Recount Commission. White’s attorney, Jonathan Sturgill, has requested a hearing which is set for next Thursday to seek a stay in Judge Rosenberg’s ruling.

Indiana: Judge’s order in Charlie White case creates more questions than it answers | Evansville Courier & Press

For many keeping a close eye on Indiana Secretary of State Charlie White’s legal battle for his political life, their interest is not so much about White as the office — and who will replace him if he is removed from office. On Thursday, a Marion County judge overturned an Indiana Recount Commission decision and ruled that White, who was elected in November 2010, was not legally registered to vote. Thus, the judge said, he did not meet the requirements to be on the ballot, and the second-place finisher should take his place.

An attorney for White filed in Marion County for an emergency stay of that ruling, and a judge has frozen the case until a Jan. 3 hearing on whether to grant that stay. Meanwhile, in five weeks, a Hamilton County jury is scheduled to decide a criminal case against White. Prosecutors have filed seven felony charges, including voter fraud, against him. If he is convicted of any of them, he would be removed from office.

But there is a key difference between the two procedures: If he wasn’t qualified for the ballot, a Democrat would take his place; if he is ejected from office because of a felony conviction, Republican Gov. Mitch Daniels would choose his replacement.

Indiana: Order allows Secretary of State Charlie White to hold office pending hearing | The Indianapolis Star

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.

The Voting News Daily: Judge rules Indiana secretary of state was ineligible to run, Stephen Colbert on Naming rights, state mottoes and the South Carolina GOP primary

Indiana: Judge says White ineligible to serve as Secretary of State | Evansville Courier & Press Indiana Secretary of State Charlie White’s two-front fight for his political life could be on its way to the state Supreme Court. A Marion County judge on Thursday ruled that White was not legally qualified as a candidate for the…

Indiana: Judge says White ineligible to serve as Secretary of State | Evansville Courier & Press

Indiana Secretary of State Charlie White’s two-front fight for his political life could be on its way to the state Supreme Court. A Marion County judge on Thursday ruled that White was not legally qualified as a candidate for the office he holds, and ordered that Democrat Vop Osili, the second-place finisher in the 2010 election, be installed in his place.

The ruling by Marion Circuit Judge Louis Rosenberg overturns a decision made by the three-member Indiana Recount Commission. That panel had ruled that despite controversy over his legal residence, White, a Republican, was eligible for the ballot.

Now, Indiana Attorney General Greg Zoeller’s office, which represents the Recount Commission, will ask the Indiana Court of Appeals to consider the case, and also place a hold on the ruling that would keep White in office while the legal process plays out. That court is the last step before the case would reach Indiana’s highest court.

Indiana: Judge rules Indiana secretary of state was ineligible to run | 13 WTHR

A Marion County Circuit Court judge has ruled that Indiana Secretary of State Charlie White was not eligible to be a candidate for the office, and that White’s Democratic challenger Vop Osili should be certified as the secretary of state. The matter now goes back to the Indiana Recount Commission.

The ruling by Judge Louis Rosenberg stems from a civil lawsuit by the Indiana Democratic Party. It sets aside the previous decision of the Indiana Recount Commission to allow White to remain in office.

Indiana: Judge won’t drop Charlie White voter fraud case | The Indianapolis Star

A Hamilton County judge has denied Indiana Secretary of State Charlie White’s motion to dismiss seven felony charges that were filed against him earlier this year.

White, who is accused of voter fraud and other crimes because of confusion surrounding where he lived while running his 2010 campaign, had argued that the charges should be dismissed because there were problems with the grand jury process that led to his indictment, among other things.

Indiana: Charlie White asking judge to dismiss charges against him | Indianapolis Business Journal

A judge will consider Friday afternoon whether to dismiss criminal charges including theft and voter fraud against Indiana Secretary of State Charlie White that could lead to his removal from office. White faces a January trial on the charges, which also include perjury, unless Hamilton Superior Court Judge Steven Nation decides the counts should be dropped. Nation will hear oral arguments Friday in suburban Noblesville, north of Indianapolis.

The decision could mark the end — or almost the end — of a long, harrowing road for the Republican, who won the November 2010 election by about 345,000 votes despite accusations that he lied about where he lived in the 2010 primary so he could continue collecting his pay from the Fishers Town Council. State Democrats also filed a civil lawsuit seeking to oust him from office, but the Indiana Recount Commission ruled against them in June. Democrats have since appealed that decision to a Marion County judge, who is due to rule this month.

Indiana: Judge weighs request in White case | The Indianapolis Star

An attorney for indicted Indiana Secretary of State Charlie White urged a judge Friday to consider findings by the Indiana Recount Commission as he weighs White’s request to dismiss voter fraud and other criminal charges that could lead to his removal from office. Attorney Carl Brizzi told Hamilton Superior Court Judge Steven Nation that the recount panel’s unanimous June ruling that White was eligible to run for office last year should have a bearing on White’s bid to have the criminal charges against him dismissed.

A Hamilton County grand jury indicted White in March on seven felony counts alleging he used his ex-wife’s address on voter registration and other documents while he lived at a condo where he intended to live with his new wife. The grand jury also found that he collected his Fishers Town Council salary after moving out of the district he represented. White faces a January trial on the charges, which also include perjury, unless Nation decides the counts should be dropped. Nation said he would rule by Friday on that request.

Indiana: Monroe County To Vote On Buying Election Equipment Monday | Indiana Public Media

The Monroe County commissioners have postponed a vote on purchasing 2012 voting equipment until Monday because of an Election Board vote that rejected a proposal for vote centers. Commissioner Iris Kiesling says they needed more time to decide what equipment would give them the best deal for their money.

“Now that we have to provide service to eighty-two precincts, although some of those might be co-located, we have to look at our numbers and see what the best proposal is that we have before us,” she says.

Kiesling quoted a Financial Policy Institute report released last year that said vote center elections would cost Monroe County nearly $87,000. Precinct elections would cost $161,000. That does not include the 15 new precincts that will be added this year. County Clerk Linda Robbins, who voted in favor of the vote centers, says the higher cost is why finding the voting equipment could be difficult.

Indiana: Lake County voting machine provider to be reviewed | Post-Tribune

A Ball State University-based oversight program will review the voting technology used by Lake County at the bidding of the Indiana Election Commission. The county’s vendor, MicroVote, has not reapplied for state certification though several of its models were certified in the past.

The Election Commission ordered the review because MicroVote wants the ability to sell parts to the 47 Indiana counties using its system. A future ruling could impact Lake County’s ability to replace failed parts or purchase additional MicroVote machines.

Indiana: How Many Ballot Scanners Should We Buy for 2012 | individual.com

How many voting machines does Monroe County really need? If the county decided to scan paper ballots at a central location, such as at the Justice Building, after 2012 elections, it wouldn’t matter whether the county commissioners purchase enough machines for 81 precincts or 20-some vote centers.

The county could consider buying just one high-speed digital ballot scanner, similar to the one it used in the May 2011 primary elections. Even if all 94,164 registered voters in the county show up to vote, results would be delayed only by a few hours over having a scanner at each polling place, and the county would save money.

Indiana: State officials want proposed Lake voting machines tested | nwitimes

The Indiana Elections Commission refused Friday to immediately approve Lake County’s purchase of remodeled electronic voting machines, which local officials say are crucial to reducing long lines of voters next year. Sally LaSota, county elections director, said Friday more machines are needed before the 2012 primary election when President Barack Obama’s re-election bid is expected to bring out busloads of early voters.

LaSota said she needs help handling the anticipated crowd and asked state elections officials to permit MicroVote, which has manufactured the 1,050 current machines, to provide more updated electronic voting stations. Michelle Fajman, county recorder and elections director during the 2008 Obama campaign, said, “In Gary, we had people voting as late as 10 p.m. Lake County is in dire need of more machines.”

Indiana: State officials want proposed Lake County voting machines tested | nwitimes

The Indiana Elections Commission refused Friday to immediately approve Lake County’s purchase of remodeled electronic voting machines, which local officials say are crucial to reducing long lines of voters next year.

Sally LaSota, county elections director, said Friday more machines are needed before the 2012 primary election when President Barack Obama’s re-election bid is expected to bring out busloads of early voters. LaSota said she needs help handling the anticipated crowd and asked state elections officials to permit MicroVote, which has manufactured the 1,050 current machines, to provide more updated electronic voting stations.

Indiana: Absentee ballots ‘disappear’ in Clark County | WDRB 41 Louisville

Election officials in southern Indiana are looking for hundreds of absentee ballots they say ‘just disappeared.’ Clark County Party leaders say they’ve gotten dozens of calls from voters about missing ballots. They’re worried their vote won’t be counted in Tuesday’s election. If the number of signs in Jeffersonville are any indication, there’s plenty of interest in Tuesday’s races.

“I think we’ve got several of our municipal elections in Jeff and Clarksville that could come down to just a few votes,” said Clark County Republican Party Chair Jamey Noel. Noel says the two hundred missing ballots are particularly frustrating.  While that may not seem like a significant number, he says the margin of victory could be razor-thin in some races. “This is really not just a Democrat or Republican problem,” he said. “It’s a problem in general that everyone deserves the right to vote and their vote should count.” The ballots apparently went missing at some point between the time they left the Clark County Government Building, and when they were supposed to be delivered to the Post Office.

Indiana: Tuesday’s paper ballots will be counted by hand | tmcnet.com

When Bloomington residents vote in municipal elections on Tuesday, they’ll be making marks on paper ballots, which they’ll slip into a box. At the end of the day, the votes will be tallied by hand. That’s the same system local voters used more than 100 years ago.

In the November 2010 general election, Monroe County voters used electronic voting machines that automated tallying. Even in the May 2011 primary election, the votes — on paper ballots — were tallied using a high-speed optical scanner. Monroe County voters have been using voting machines, mechanical or electric, since the ’60s, but on Nov. 8, 2011, they will use the same system used by America’s founding fathers.

What happened? ES&S contract In December 2010, Monroe County signed a contract with Elections Systems and Software, of Omaha, Neb., for the purchase of digital scanners that would read paper ballots and tally votes. Such a system allowed verifiability: paper ballots, or a sample of them, could be compared to the machine’s tally to ensure accuracy.

Indiana: New way to cast vote | Palladium-Item

Early voting opens Saturday for the Richmond city election and that means thousands of voters will need to become acquainted with new voting machines installed this year. The Wayne County Clerk’s office Wednesday mailed out cards to all registered, eligible voters. They will need to bring the cards with them when they vote, along with a government-issued photo identification.

Joining “P-I Live!” Thursday to discuss the hours, locations and procedures for voting in this election were Jo Ann Stewart, Wayne County Clerk, and Doug Williamson, a Wayne County Commissioner instrumental in reviewing and authorizing the new voting machines for use locally.

Voting Blogs: Allegations of absentee “voter fraud” in Indiana don’t add up | Early Voting Information Center

We need to invent a catchy phrase in the elections community to describe overblown allegations of voter fraud.  As Lorraine Minnite has documented, most charges of fraud don’t stand up to scrutiny.  It’s important that Americans have faith in the security and integrity of the ballot, but it’s just as important that overblown charges of “fraud” be challenged.

Take the latest series of charges and counter charges regarding voting irregularities in Indiana.  Rick Hasen noted the “latest salvo” from the state GOP chair.

I am careful to use the word “irregularities” and not “election fraud” because, regardless of the rhetoric, even a cursory examination of the list of charges only reveals one case that rises to any level of concern: allegations regarding absentee ballot fraud for a single UOCAVA ballot.  (I’ve been searching fruitlessly for the reasons why there are 65 counts in the indictment; some stories refer to absentee ballot “applications” while other stories note a single ballot in question.)

Indiana: No special prosecutor will be appointed for voter-fraud allegations against Bayhs | The Indianapolis Star

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.

Indiana: Charlie White’s request to investigate Bayh voter fraud claims denied | fox59.com

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.

Indiana: Vote centers up for debate in Monroe County | Indiana Daily Student

Voting rights and procedures were debated again, as they were last fall, at a 4 p.m. Tuesday work meeting of the Monroe County Election Board. The board, staffed by Judith Smith-Ille, Jan Ellis and Monroe County Clerk Linda Robbins, discussed a motion to stop using voter precincts and instead open vote centers for the 2012 elections.

Smith-Ille, the lone Republican on the board, questioned the timing of the proposal. “I don’t want you to think I’m against vote centers. I’m not. I just don’t think 2012 is the year to do them,” Smith-Ille said. There are currently 90 voting precincts in Monroe County, Robbins said. There would be far fewer vote centers, if they were implemented, which would make the voting and vote counting processes easier, she said.