Indiana: 3,700 Warrick County votes not counted in 2012 due to technical error | Evansville Courier & Press

More than 3,700 absentee ballots cast in-person in Warrick County for the November 2012 general election weren’t counted due to an error made by an electronic voting machine technician, county officials confirmed Monday. According to the Warrick County Clerk Sarah Redman’s office, Indianapolis-based MicroVote, which services the county’s electronic voting machines, found that one of its electronic technicians inadvertently incorrectly uploaded votes cast early at the Warrick County Election Office. The technician reportedly used a microchip card-reader that didn’t have the storage capacity to hold the total amount of early votes cast. The error resulted in only 10 percent of in-person, early votes being tallied by the county for the 2012 general election — leaving 3,791 Warrick County votes behind. “And nobody ever caught the error until Pat (King) went looking,” said Kevin Derr, chairman of the Warrick County Democrats Central Committee.

Indiana: Marion County holds off on voting machine upgrade | Indianapolis Star

The Marion County Election Board is holding off on plans to replace all voting machines this year because there’s no money to foot the cost and because its members have a more pressing issue on the horizon. Without money available for a purchase that could cost up to $15 million, Clerk Beth White and two party appointees say they will focus instead on the details needed to pull off a newly mandated centralized count of absentee ballots for the May 6 primary. The three-member board unanimously agreed to table the idea, for now, of soliciting proposals from voting equipment venders. White said the board could revive the issue after the primary. Plans called for any new equipment to be used for the first time in 2015, after this year’s elections.

Indiana: Charlie White stays free pending appeal | The Indiana Lawyer

Convicted former Secretary of State Charlie White’s sentence of one year of home detention will not be executed pending his post-conviction relief appeal, a judge ruled last week. White’s attorney Andrea Ciobanu said a motion to stay execution of the sentence was granted Jan. 8 by Hamilton Superior Judge Daniel Pfleging. White filed a notice of appeal on Dec. 30, after the court rejected his claim of ineffective assistance of counsel.

Indiana: Appeals Court throws out 3 convictions in Charlie White case | Indianapolis Star

The Indiana Court of Appeals threw out three of six felony convictions of former Secretary of State Charlie White, citing double jeopardy. The decision, issued today, came just less than a month after a hearing on White’s appeal. The judges also ruled that White’s attorney, former Marion County Prosecutor Carl Brizzi, was not ineffective. White was convicted in February 2012 of six Class D felony charges, which stemmed from his residency while he served on the Fishers Town Council. Prosecutors said White voted and took pay as a council member of a district in which he no longer resided. White claimed he was living with his ex-wife, which was within the council district. But evidence presented during the trial indicated that he had been living in a new town home outside the district.

Indiana: Judge rejects ex-secretary of state’s request to overturn voter fraud conviction | Associated Press

A judge has denied former Indiana Secretary of State Charlie White’s request to have his conviction on voter fraud and other charges overturned and ordered White to begin serving his sentence of a year of home confinement. Hamilton County Superior Court Judge Daniel Pfleging ruled Monday that there was no evidence to show that White’s trial attorney, Carl Brizzi, shouldn’t enjoy the “strong presumption of competence” and that Brizzi’s trial strategy was “objectively reasonable.” Pfleging wrote that White couldn’t point to a single piece of evidence or a witness that would have swayed the jury’s decision, and that White hasn’t presented anything during post-conviction evidentiary hearings that challenged Pfleging’s “confidence in the outcome or the process which produced it.” White’s current attorney, Bryan Ciyou, didn’t respond to an email seeking comment Thursday. His office said he wouldn’t be at work Thursday.

Indiana: Tippecanoe County in search of new vendor to help certify poll books | Journal and Courier

The county terminated the contract with its election software consultants just six months before the next election. “It is now required in Indiana that electronic poll books have to be certified,” Tippecanoe County Clerk Christa Coffey said as she explained Monday to county commissioners why the contract needed to end. “Our current vendor, Votec, has determined they are not going to go through that certification process. So not only do we need to terminate this contract, but we need to find a new vendor.” The certification process is reviewed by the Voting Systems Technology Oversight Program, which is operated out of Ball State University in Muncie. The county has used Votec, which is based in San Diego, since the 2011 elections, Coffey said.

Indiana: Indiana robocall ban not preempted by federal law | Reuters

An Indiana state law banning a variety of automated telephone calls was given new life as a federal appeals court concluded that the law was not preempted by federal law. In a decision released late on Thursday, the 7th U.S. Circuit Court of Appeals in Chicago said a lower court judge erred in concluding that the federal Telephone Consumer Protection Act supplanted Indiana’s law regulating the calls. It directed the lower court to consider whether the Indiana law violates callers’ free speech rights under the 1st Amendment of the U.S. Constitution. Automated calling often prompts complaints because they are considered annoying or raise privacy concerns. According to the 7th Circuit, the Federal Trade Commission fields more than 200,000 complaints a month about automated marketing, or “autodialer,” calls.

Indiana: Shelby County shelves vote centers | The Shelbyville News

A concept that originated in 2010 with discussion that Shelby County officials could save approximately $26,000 by changing how people voted has been given a no vote. It was discussed at that time and then later this year to move Shelby County to voting centers. Voting centers are polling places connected through secure Internet connections, where eligible voters in the county may vote anywhere through an electronic poll book that is updated immediately. Shelby County Clerk Vicki Franklin confirmed this week the Election Board voted to not move toward vote centers at this time but do a consolidation of polling locations.

Indiana: Lawsuit challenging how judges are elected advances | Indianapolis Star

A lawsuit challenging how Marion County judges are elected will move forward in federal court in Indianapolis. U.S. District Court Chief Judge Richard L. Young last week denied the state’s request for an immediate appeal of an order refusing to dismiss the lawsuit. It is unclear, however, if the case will be resolved before next year’s judicial elections in Marion County. The lawsuit, filed in November 2012, challenges a state law that essentially allows political parties, rather than voters in a general election, to determine who is selected as a Superior Court judge in Marion County.

Indiana: Lawson announces testing on ePollBooks | Greensburg Daily News

Indiana Secretary of State Connie Lawson announced today the Voting Systems Technical Oversight Program (VSTOP) at Ball State University’s Bowen Center will begin testing electronic poll book systems commonly referred to as ePollBooks. Secretary Lawson approved the Bowen Center’s ePollBook testing standards, clearing the way for testing to begin. “The Secretary of State’s office has always been a leader in using technology to modernize the way we do business as a state,” said Secretary Lawson. “Today, we continue that tradition by modernizing the electoral process. Indiana is now the first state in the nation to have ePollBook certification standards. “We took the first leadership step by giving every county in the state the option to deploy ePollBooks. Now we take the next step in protecting Hoosier voters as they sign-in to vote by ensuring only the best quality ePollBooks are used in Indiana.”

Indiana: Ex-elections chief questions lawyer’s health at 2012 trial, wants convictions tossed | Associated Press

Indiana’s former elections chief raised questions about his attorney’s health during his 2012 voter fraud trial and said he thought it was “a joke” that his defense strategy was to call no witnesses. Charlie White testified Monday in a Hamilton County court that attorney Carl Brizzi appeared exhausted and “worn down” and was taking medication during the trial. “Every night he complained he couldn’t sleep,” White said. White was ousted as secretary of state in February 2012 after being convicted of voter fraud and other felonies. The charges stemmed from his use of his ex-wife’s home in Fishers as his voting address in 2010 while serving on the Fishers Town Council and running for secretary of state. Prosecutors said White lived in a townhouse outside his council district with his then-fiancee but continued to receive his council salary and vote in his old precinct.

Editorials: Thoughts on Judge Posner’s Admission of Error on the Indiana Voter ID Law | Paul M. Smith/ACS

As the lawyer who argued the constitutional challenge to the Indiana Voter ID law in the Supreme Court in 2008, I was both fascinated and pleased to hear that Judge Richard Posner – the author of the Seventh Circuit majority opinion affirmed by the Supreme Courtin Crawford v. Marion County Elections Board – has now publicly stated that he was wrong.  It is refreshing, if not unprecedented, for a jurist to admit error on such a major case.  I was a little less pleased to see that he attempted to excuse his error by blaming the parties for not providing sufficient information to the court.  As he put it in an interview quoted in the New York Times, “We weren’t given the information that would enable that balance to be struck between preventing fraud and protecting voters’ rights.”  Really?  The information provided was enough for the late Judge Terence Evans, dissenting from Judge Posner’s decision, to say quite accurately: “Let’s not beat around the bush:  The Indiana voter photo ID law is a not-too-thinly-veiled attempt to discourage election-day turnout by folks believed to skew Democratic.”

Indiana: Carl Brizzi tells court that if Charlie White testified, it would have been a ‘disaster’ | Indianapolis Star

Defense attorney Carl Brizzi testified this morning that allowing former Indiana Secretary of State Charlie White to take the stand in his 2012 theft and voter fraud trial “would have been a disaster.” Brizzi had represented White in that case. White is now trying to erase his felony convictions for theft and voter fraud as he faces a one-year, home-detention sentence. White’s new attorney, Andrea Ciobanu, is trying to show that Brizzi provided incompetent counsel. This morning, she hammered Brizzi over why he didn’t allow anyone to testify in White’s defense. Brizzi, a former Marion County prosecutor, said White was tough to control during the proceedings in early 2012 and he believed White’s testimony would work against him. “It was all I could do to just keep him … to just maintain composure,” Brizzi said. As an example of White’s behavior, Brizzi described a newspaper interview he let White do as a “disaster.” Brizzi said if White had testified, deliberations would have been 30 minutes.

Indiana: Ex-elections chief wants convictions tossed | Associated Press

Indiana’s former elections chief was difficult to control and not allowed to take the stand at his 2012 voter fraud trial because he was a loose cannon, the attorney who defended him testified Tuesday. Carl Brizzi explained his defense strategy during a Hamilton County court hearing on ex-Secretary of State Charlie White’s petition to have his convictions overturned. White was sentenced to a year of home detention and was removed from office in February 2012 after a jury convicted him of voter fraud and other felony charges. The case stemmed from his use of his ex-wife’s home in Fishers as his voting address in 2010 while serving on the Indianapolis suburb’s town council and running for secretary of state. Prosecutors said White lived in a townhouse outside his council district with his then-fiancee but continued to receive his council salary and vote in his old precinct.

Indiana: Judge: Suit challenging Marion County judicial slating may proceed | The Indiana Lawyer

A federal lawsuit challenging the constitutionality of a state law that has given rise to the Democratic and Republican slating system under which Marion Superior judges are elected will go forward. Chief Judge Richard Young of the U.S. District Court for the Southern District of Indiana last week denied a motion to dismiss brought by state officials and interests named in a suit brought by Common Cause and the American Civil Liberties Union of Indiana. Common Cause, a nonpartisan group whose mission is to promote open, honest government and voting rights, seeks an injunction against enforcement of Indiana Code 33-33-49-13. The suit says that law, which sets forth the process for electing judges in the Marion Superior Courts, is “unique in Indiana, and perhaps in the nation.”

Indiana: Civil Rights Group Seeks Changes in Indiana Election Law | WIBC

Representative Cherrish Pryor (D-Indianapolis) complains some Marion County precincts changed polling place locations last year with no notice or explanation, often in minority neighborhoods. She charges there’s no explanation other than a deliberate effort to hold down minority turnout. Pryor wants legislators to lock in polling places two months before Election Day, and require local governments to specify the reason for making a change. But Pryor says other practices arouse suspicion as well. Pryor and other Democrats have long contended voter ID laws in Indiana and elsewhere are aimed at discouraging minority votes. Then-Representative William Crawford (D-Indianapolis) was the plaintiff in the lawsuit which unsuccessfully asked the U.S. Supreme Court to invalidate such laws.

Indiana: Advocates, officials: Indiana rules frustrate voters | Associated Press

Indiana’s complicated voting regulations and switching of polling locations frustrate voters and keep them away from ballot boxes, in what some see as an effort to suppress the vote, officials and voting rights advocates told a legislative panel Thursday. Indianapolis radio personality Amos Brown and Trent Deckard, Democratic co-director of the Indiana Election Division, told the Census Data Advisory Committee that unexplained relocation of polling places and 52 pages of changes approved since 2012 cause voters, especially minorities, to lose faith in the system. Brown, who is well-known for advocating on behalf of African-Americans, said his polling place, which had been at a local church within walking distance for 20 years, was suddenly switched to a golf course across the White River that could only be reached by car because there weren’t any sidewalks. “We have seen, in Marion County, instances where polling locations were just changed willy-nilly,” Brown said.

Indiana: New voting machine purchase put on hold in Montgomery County | Journal Review

Montgomery County Commissioners tabled a request Monday from Montgomery County Clerk Jennifer Bentley for the purchase of new voting machines to be used in future voting centers. Cost of the machines is $231,140, and commissioners requested Bentley to approach the Montgomery County Council on Sept. 3 to see if they are willing to fund the acquisition. “I don’t see any reason for us to approve this request until we know the county council is willing to spend the money,” Commissioner Jim Fulwider said. Bentley responded by saying she has approximately $140,000 she can use to pay for the machines, but would need approval from the council for the other approximately $90,000.

Indiana: Brizzi’s competence on trial as former secretary of state Charlie White seeks relief from conviction | Indianapolis Star

Former Indiana Secretary of State Charlie White’s appeal hinges on the following question: Was his attorney, Carl Brizzi, incompetent or did the decision not to present much of a defense boil down to an agreed-upon “legal strategy” that went wrong? Despite a long day of legal arguments Thursday, mixed in with some testimony from two witnesses — one expert and White’s wife, Michelle — little progress was made in answering that question. Hamilton Superior Court Judge Daniel Pfleging instead said he wanted to hear from White and Brizzi. White, who is trying to erase his felony convictions for theft and voter fraud, spent the day beside his new attorney, Andrea Ciobanu, who struggled to put on her case after the judge dismissed several of the arguments she had prepared.

Indiana: Charlie White claims Carl Brizzi is at fault for voter fraud conviction | Fox 59

Former Secretary of State Charlie White’s case of voter fraud has always been fraught with contradictions and irony. Elected as the man to enforce Indiana’s election laws, he was convicted of voter fraud for casting a ballot in a part of Fishers where he didn’t live. His attorney was a high profile former prosecutor who was known for taking on the tough cases personally, but White claims he surrendered his case without putting up a fight. White will appear before a judge in Hamilton County Thursday, seeking post conviction relief for the jury verdict that booted him from office. Behind his appeal is White’s contention that former Marion County Prosecutor Carl Brizzi practiced legal malpractice in failing to mount a defense during his trial in the winter of 2012. “Absolutely I got convicted because of ineffective counsel,” White told Fox59 News in his first interview since he filed a lawsuit against Brizzi last month. “My appeals attorney, after he read it, asked me if Carl Brizzi had ever done a trial on his own before.”

Indiana: Former Secretary of State Charlie White sues Carl Brizzi | Indianapolis Star

Former Secretary of State Charlie White has sued former Marion County Prosecutor Carl Brizzi, alleging legal malpractice and other professional malfeasance in the handling of a criminal case that resulted in White being convicted of voter fraud, perjury and theft. The felony convictions forced White to resign in February 2012 from the state post he won election to in 2010. White is seeking a new trial. He said Brizzi, a former friend and political associate, didn’t provide an adequate defense at his 2012 trial. That request is pending in Hamilton Superior Court. White also is pressing that point in the lawsuit filed last week in Marion Superior Court. In the 31-page complaint, White makes numerous complaints about Brizzi’s work as his defense attorney, alleging legal malpractice, breach of contract, negligent or reckless infliction of emotional distress, fraud and unjust enrichment.

Indiana: Ex-secretary of state sues defense lawyer, claiming voter fraud trial was mishandled | Associated Press

Former Indiana Secretary of State Charlie White alleges in a lawsuit that he was the victim of legal malpractice by his defense attorney leading up to the voter fraud conviction that forced him from office. White’s lawsuit against former Marion County Prosecutor Carl Brizzi contends that Brizzi wasn’t adequately versed in the complexities of election, property and residency laws at White’s February 2012 trial. Brizzi “rendered legal services that fell below the reasonable standard of criminal defense attorneys because he was ignorant of the law, criminal trial procedure and ignorant of the facts in critical phases of (White’s) case during the jury trial,” White contends in the filed last week in Marion County court. A Hamilton County jury convicted White on voter fraud and other charges after Brizzi did not call any witnesses and immediately rested the defense after the prosecution wrapped up its case. White was sentenced to one year of home detention and was automatically removed from office.

Editorials: Cleaning up Indiana state registration offers confidence at polls | Fort Wayne News Sentinel

It’s not a lot of money in the big scheme of things, but the $2 million designated in the recent session of the General Assembly will begin the messy but necessary process of cleaning up Indiana’s voter registration rolls. Bloated voters rolls in every one of the state’s 92 counties contain the names of people who have moved away, are in prison or have died. Their presence on the registration lists make elections vulnerable to the type of shenanigans that can truly affect the outcome of elections. Indiana Secretary of State Connie Lawson is in charge of the state’s elections and led the charge to obtain the funds for the statewide project. She knows the importance of cleaning up the voter rolls in maintaining the integrity of the elections and meeting requirements of state and federal laws.

Indiana: State to spend $2M to clean up voter rolls | Tribune Star

Indiana’s bloated voter registration rolls, which officials say make elections more susceptible to fraud, will soon come under more scrutiny by the state. The Indiana Secretary of State’s office will spend more than $2 million to purge the voter registration rolls in each of Indiana’s 92 counties, removing the names of voters who are dead, in prison, or have moved away. County election officials are responsible for keeping the voter rolls current, but the lack of money has caused some of them to fall behind. The result: In some counties, the number of people listed on the active voter rolls is higher than the number of voting-age people who live there.

Indiana: Bill Pushes State Officials To Examine, Purge Voter Rolls | Indiana Public Media

Legislation passed during the 2013 session requires a statewide mailing to verify and update voter registration information every two years and puts money behind the effort. Secretary of State Connie Lawson says voters will receive postcards in the mail with their registration info. They mail the cards back with any changes listed. Lawson says the mailing will also remove voters from the rolls.

Indiana: Charlie White case gets new judge | Indianapolis Star

Former Indiana Secretary of State Charlie White will get a new judge to hear his complaints about his criminal trial, which ended with a jury convicting him of six felonies.White had petitioned for a new judge in March, claiming that Hamilton Superior Court Judge Steven Nation, who had handled his case since his 2011 indictment, was biased against him because of their dealings when White was chairman of the Hamilton County Republican Party. He said Nation’s opinion of him outside the courtroom led him to make several rulings against White throughout proceedings that culminated in White’s 2012 trial and conviction. Nation granted White’s motion for a new judge this week, and his case has been re-assigned to Hamilton Superior Court Judge Daniel Pfleging.

Indiana: Decision on Floyd County voting machines questioned | News and Tribune

While his company came up short on its bid to supply Floyd County with new voting equipment, Jeremy Burton with ES&S — Election System & Software — wanted to at least voice concerns with the Floyd County Commissioners at a special meeting Wednesday night at the Pine View Government Center. Burton and attorney John Kraft, who represents ES&S, told the commissioners and members of the election board that the county overspent when deciding to purchase new machines, along with software and other equipment, from RBM Consulting, for $396,000. Floyd County will move to vote centers in 2014. Burton said his company’s bid was 21 percent less than others, including RBM. Also, ES&S has been supplying voting equipment and services to Floyd County since 1992. Kraft told commissioners they could have stayed with the current voting machines, which would have saved tax dollars. He said ES&S could have continued to service the current machines through 2016, and there was no reason to end the relationship or move to new equipment. However, Commissioner Chuck Freiberger said there were several meetings held on the subject before deciding on vote centers. He said the idea was first discussed five years ago.

Editorials: Groups study future of voting in Indianapolis | Elizabeth L. White/Indianapolis Recorder

Marion County political leaders, elected officials, poll workers and community groups met this week in the Public Assembly Room of the City-County Building to begin the discussion about the future of voting in Indianapolis. Launched in February, the Voter Experience Project is the Marion County Election Board’s effort to listen, deliberate and ultimately decide how and where we will vote in the future. Why are we having this conversation now? Our current fleet of voting equipment is more than 10 years old. Purchased in 2002, the first generation machines are starting to show signs of wear despite a vigorous maintenance schedule. Replacement parts are also becoming more difficult to find. In addition, our software license and maintenance contract expires in 2014, and we don’t know if the software vendor will continue to support their product after next year.

Indiana: White blames lawyer for his voter fraud conviction | SFGate

Former Indiana Secretary of State Charlie White said in court documents Thursday that his attorney didn’t mount any defense to protect him from the conviction that forced him from office. The assertion is among several in a petition filed in Hamilton County asking a judge to toss out White’s convictions on voter fraud and other counts. White said the defense strategy used by his attorney — former Marion County Prosecutor Carl Brizzi — was “deficient and unreasonable.” Brizzi did not call any witnesses at White’s February 2012 trial and immediately rested the defense after the prosecution wrapped up its case. White was sentenced last year to one year of home detention and remains free on bail. The document says Brizzi’s defense was riddled with errors and that the former prosecutor was “ignorant of the law.”

Indiana: Threat to early voting neutralized for now as amendments pulled | RTV6

A threat to voters casting ballots before Election Day has been averted at the Statehouse, but the fight might not be over. Currently in Indiana, voters can cast ballots at their county clerk’s office up to 29 days before an election, even in counties that don’t allow satellite voting. But a pair of amendments that were prepared for a vote Monday but then withdrawn could have reduced that to just 10 days. Last year, nearly 40,000 people voted early in Marion County. People who do so say they like it because it’s convenient, it doesn’t interrupt their job schedules and it eliminates the possibility that a last-minute problem might cost them their vote.