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: 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: Bayh Denounces ‘Baseless’ Voter Fraud Accusations | WRTV

Former Indiana Sen. Evan Bayh is denouncing what he calls baseless allegations of voter fraud brought by embattled Secretary of State Charlie White. In a five-page, single-spaced complaint filed Tuesday, White accused the former Democratic senator and his wife, Susan Bayh of casting ballots in May’s primary in Indiana while living in Washington, D.C., and of improperly claiming a property tax homestead exemption on a condo they own in Marion County.

White faces trial in January on seven felony charges, including voter fraud, after prosecutors allege he illegally registered to vote at his ex-wife’s address when he declared his candidacy for the office.

“Mr.White’s assertions are baseless. His situation is factually and legally different than mine,” Bayh said in a statement Thursday. White claims the Bayhs actually reside in a $2.3 million home in Washington, D.C., not their $58,000 condo on Indianapolis’ northwest side. But Indiana Democrats stressed that the Bayhs have always had a home in Indianapolis and called White’s complaint “laughable and regrettable.”

Indiana: Bayh calls White’s vote fraud allegations ‘baseless’ | The Indianapolis Star

Former U.S. Sen. Evan Bayh is calling voter-fraud allegations against him and his wife, Susan, “baseless.” But whether the allegations, made in a criminal complaint filed by Secretary of State Charlie White on Tuesday, will lead to charges is difficult to say.

The law is open to interpretation, according to one legal expert. “(It depends) on how rigidly or flexibly you follow the law,” said Dianne Pinderhughes, a political science professor at the University of Notre Dame.

The Marion County prosecutor’s office is reviewing White’s complaint, which alleges that the Bayhs shouldn’t have voted absentee in the Indianapolis municipal primary in May. They own a condo in Indianapolis, but their main residence is a multimillion-dollar home in Washington, D.C., White contended.

Indiana: White asks for voter fraud investigation of Bayhs | Daily Reporter

Beleaguered Indiana Secretary of State Charlie White requested an independent prosecutor Tuesday to look into his allegations of vote fraud and homestead fraud against former Democratic Sen. Evan Bayh and his wife, Susan. White, a Republican who is facing charges of vote fraud himself, filed documents with Democratic Marion County Prosecutor Terry Curry requesting an independent prosecutor to investigate whether the Bayhs voted fraudulently in Indiana’s May Democratic primary. He’s also challenging the Bayhs’ Indiana homestead tax exemption when both resided primarily in Washington, D.C.

The Bayhs claim the property tax exemption on an Indianapolis condominium valued at $58,200 but also own a $2.2 million home in Washington, White said in a complaint filed with Curry. “Everybody knows he (Bayh) doesn’t live here,” White said in a telephone interview. He said Bayh should have done what Dan Coats did when he left the Senate and re-registered to vote at his Washington-area address. Coats has since been re-elected to the Senate from Indiana. White said he didn’t expect much to come of his request because the Bayhs are granted more leeway than most political couples.

Indiana: Complaint on Secretary of State White | The Indianapolis Star

A Marion County judge will hear arguments next month on Democrats’ challenge to Charlie White’s ability to remain Indiana’s secretary of state. The Democrats are contesting the Indiana Recount Commission’s June ruling that White can stay in office, despite allegations that he was illegally registered to vote at his ex-wife’s address when he declared his candidacy.

Marion Circuit Judge Louis Rosenberg will hold oral arguments on the Democrats’ petition for judicial review Nov. 23.

Indiana: Secretary of State seeks dismissal of criminal case | The Indianapolis Star

Indiana Secretary of State Charlie White is asking a Hamilton County judge to dismiss criminal charges against him because of errors special prosecutors allegedly committed when they obtained his indictment from a grand jury.

In a motion filed Friday, White’s attorney, former Marion County Prosecutor Carl Brizzi, claims, among other things, that the special prosecutors handling his case weren’t appointed correctly and that they didn’t provide the grand jury with the appropriate descriptions of the law.

Indiana: Supreme Court: No Shortcuts in Charlie White Election Challenge | 93.1 WIBC Indianapolis

The Indiana Supreme Court has refused to take over jurisdiction in the election challenge against Secretary of State Charlie White. Democrats have sued to overturn a Recount Commission ruling that White’s voter registration was proper. White had asked the Supreme Court to take over the case from Marion Circuit Judge Louis Rosenberg.

The justices say a case can skip the Court of Appeals, but not the trial court. “All I was trying to do is just expedite the process,” White says. “You know, I tried, and I guess we’ll just move forward.”

Indiana: Judge: Ballot suit ruling Monday | Palladium-Item

Wayne Superior Court No. 2 Judge Gregory Horn will decide by Monday whether to order the Wayne County clerk to put the names of those running unopposed in Richmond’s Nov. 8 general election back on the ballot.

Horn presided over a preliminary hearing Friday in the lawsuit filed last week by Wayne County’s two political parties, two candidates in that election and two voters in districts where candidates are unopposed.

They filed an injunction asking for a prompt ruling opposing an interpretation of a new Indiana law that requires county clerks statewide not to list names of unopposed candidates on ballots in municipal elections. The Indiana Legislature this year created the law in the hope of helping counties save on election costs.

Indiana: Suit surprises other clerks – Union, Fayette officials planned to leave names off ballots | Palladium-Item

Area county clerks were surprised Friday when they learned Wayne County political parties and candidates had filed suit over a new Indiana law allowing candidates for non-contested offices to be left off ballots.

Republican and Democrat party officials, two city council candidates and two voters filed a lawsuit late Thursday in Wayne County court asking Wayne County Clerk Jo Ann Stewart be prohibited from dropping the names of unopposed candidates for District 2 and 4 seats on the Richmond Common Council. The suit also names the Indiana Election Commission and Indiana Secretary of State Charlie White as defendants.

The lawsuit in Wayne County questions how candidates can be elected if nobody votes for them, but that apparently already happens when Indiana towns don’t have elections.

Indiana: Friday hearing set for ballot lawsuit | Palladium-Item

Local political leaders are hoping for a quick legal decision in their efforts to stop the Wayne County clerk from dropping unopposed candidates from the ballot this fall. County Clerk Jo Ann Stewart is following amended Indiana Code 3-10-6-7.5 in striking the names of unopposed candidates for Richmond Common Council in the Nov. 8 election.

The code reads in part, “An election may not be held for a municipal office if: There is only one nominee for the office or only one person has filed a declaration of intent to be a write-in candidate under IC 3-8-2-2.5.” The law took effect July 1.

Wayne County Democrats and Republicans filed an injunction Thursday to stop the names of unopposed candidates — Democrat Kelley Cruse-Nicholson in District 2, Republican Clay Miller in District 4 and Republican Larry Parker in District 6 — from being eliminated from the ballot.

Indiana: White’s trial on voter fraud delayed again | The Indianapolis Star

Secretary of State Charlie White’s criminal trial has been postponed again. It will now begin Jan. 30, White’s attorney, Carl Brizzi, confirmed this morning after a telephone conference with a Hamilton County judge and prosecutors.

White faces seven felony charges, including voter fraud and theft, because of confusion over where he lived during his campaign for statewide office. His trial had been scheduled for Aug. 8 but was pushed back to Sept. 12.

The latest delay comes days after Brizzi, the former Marion County prosecutor, took over the case. “I think the most compelling reason (for the continuance) is that I’m brand new to the case, so the judge thought it was a good idea to get me up to speed,” Brizzi said this morning.

Indiana: Indiana Democrats appeal Recount Commission ruling clearing embattled secretary of state | The Republic

Indiana Democrats on Thursday appealed a decision allowing embattled Republican Secretary of State Charlie White to stay in office while he fights voter fraud charges. The Indiana Democratic Party appealed the Indiana Recount Commission vote allowing White to stay in office. State Democratic Chairman Dan Parker said he wants a Marion County judge to review the decision.

The two Republicans and one Democrat on the Recount Commission voted unanimously last month to let White to keep his job. But comments from the commission’s chairman that White’s actions brushed up against the line of being illegal merited a court review, Parker said.

Indiana: White seeks delay in criminal trial | The Indianapolis Star

Secretary of State Charlie White’s attorney is asking to delay White’s criminal trial, which is scheduled for Aug. 8.

Attorney Dennis Zahn told a Hamilton County judge this morning that he will not be done reviewing evidence in time to go to trial in August. He plans to file a formal request for a delay in the next few days. Zahn and White were in court today for a hearing on two other requests.

They claim that the special prosecutors appointed to the case should be removed and that additional material from the grand jury that indicted White should be released to Zahn.

Indiana: White ruling prompts calls for election law reform | nwi times

Secretary of State Charlie White got to keep his job because state law required the Indiana Recount Commission to consider White’s “intent” in determining where he resided.

In a 3-0 decision last week, the commission ruled based on White’s testimony, and despite legal documents suggesting otherwise, White intended to reside at his ex-wife’s home until moving into a condominium once he married his fiancée. That decision meant White, a Republican, was eligible to run for office and can keep his job as the state’s chief elections officer because he was properly registered to vote.

But White, members of the Recount Commission and the Indiana Democratic Party, which challenged White’s eligibility, all believe Indiana election law needs to be changed to better account for nontraditional families and unusual living situations.

Editorials: White claims vindication … but, please | Evansville Courier & Press

Despite a stern rebuke from the Indiana Recount Commission’s chairman, Indiana Secretary of State Charlie White claimed vindication after the three-member panel decided not to boot him out of office last week.

He said the secretary of state’s office, and he as its head, have lost no credibility as a result of voter fraud accusations that very well might result in White being forced out of office by a criminal trial in Hamilton County set to start in August.

His logic behind that claim? Voters knew about the accusations he faced, and still elected him. Therefore, he should be able to do the job with his name and reputation intact.

Please.

Indiana: White: ‘There is no loss of credibility’ | The Indianapolis Star

Secretary of State Charlie White smiled triumphantly, took his wife’s hand and calmly walked past the reporters waiting to talk to him Tuesday after the Indiana Recount Commission allowed him to keep his job.

But his victory might be short-lived. His job still is in jeopardy.

Even though the bipartisan panel voted 3-0 to reject Democrats’ complaint that he was illegally registered to vote at the time he declared his candidacy, the Democrats could appeal to the courts.

Editorials: Jennifer Wagner: Charlie White’s lonely outpost | The Indianapolis Star

If there’s one thing Indiana Republicans and Democrats can agree on, it’s that disgraced Secretary of State Charlie White should step down from the office he’s embarrassed since the day he took the oath.

On Tuesday, the Indiana Recount Commission granted White a temporary legal reprieve, ruling that the state’s election laws are sufficiently vague to prevent his removal from office. White faces criminal trial in August on seven felony counts of voter fraud, theft and perjury.

White has attempted to turn his failure to properly register to vote and his illegitimate service on the Fishers Town Council into an intricate personal tale: It wasn’t his fault he broke the law. Life just got too complicated to focus on the details.

Indiana: Secretary of State White can stay in office, recount panel rules | The Indianapolis Star

The Indiana Recount Commission voted 3-0 this morning that Secretary of State Charlie White can remain in office. The panel of two Republicans and one Democrat turned down Democrats’ complaint that White was illegally registered to vote when he declared his candidacy last year.

The ruling came as a relief to White, who smiled and took his wife’s hand as they exited the hearing this morning. He said his feelings today reminded him of his elation after he handily defeated Democrat Vop Osili in last November’s election.

“I’m very humbled,” White said after hearing the commission’s ruling. “Obviously, our family is very happy that we’ve been able to at least put the recount commission phase of this is behind us.”

Indiana: Charlie White wins ruling, to retain office | The Journal Gazette

The Indiana Recount Commission ruled 3-0 Tuesday that Secretary of State Charlie White will keep his statewide office despite confusion over his voting address last year.

The partisan panel – two Republicans and one Democrat – specifically found that White was legally registered to vote when he ran for office and won last year – something the Indiana Democratic Party contested.

Commission Chairman Tom Wheeler said White was an eligible candidate and was properly registered at his ex-wife’s home because he intended to live there with his son until his marriage in late May 2010. The finding puts an end to the civil complaint unless the Democrats decide to appeal.

Indiana: Commission rules today on White | The Indianapolis Star

The Indiana Recount Commission will rule today on Democrats’ challenge to Charlie White’s eligibility to serve as secretary of state.

The Democrats say White was illegally registered to vote at the time he declared his candidacy and should be replaced by Democrat Vop Osili, whom White defeated in November.

The commission’s decision will determine White’s immediate political future, but it might not end the months-long debate over his eligibility to hold office because either side could appeal to the courts.

Editorials: Charlie White: Recount Commission decision should rest with facts and law | The Indianapolis Star

In recent months, much has been said and written about the Indiana Democratic Party’s challenge to my candidacy and election. Months to you have felt like years to me, and I welcome the end to this chapter with today’s findings of the Indiana Recount Commission — whatever they may be.

It was unnecessary and cruel to drag my family into this matter. Much of what forms the basis of the dispute in this challenge and the criminal action in Hamilton County center on my attempts to put the needs of my family first — to respect the wishes of my wife, Michelle, and her children, and my desire to be near and share custody of my son with my former wife and friend, Nicole, during my campaign. Both Michelle and Nicole have been targeted or questioned by prosecutors and the Democrats’ legal team. I’m relieved our side of the story is now public record.

Indiana: Election panel chairman has ties to White campaign through law firm’s donations | The Republic

The state panel that is weighing voter fraud allegations against Indiana Secretary of State Charlie White includes a Republican linked to White through political contributions.

Indiana Recount Commission Chairman Tom Wheeler is listed as a participant in a White fundraiser in May 2009. Campaign finance records show a political action committee for Wheeler’s law firm donated $5,000 to White’s campaign in July 2010.

Frost Brown Todd spokesman Mike Murphy says the state double-counted contributions and that the PAC donated $2,500 to White and $1,000 to Democrat Vop Osili.

Indiana: White hopes atypical family tale has silver lining | The Journal Gazette

Indiana Secretary of State Charlie White’s descriptions of his complicated personal life may have been more than some voters bargained for as the state’s top elections official fought for his political future before the Indiana Recount Commission last week.

But if there’s a silver lining for White, who faces voter fraud allegations that could cost him his job and his freedom, it could be that he presented himself as a family man — something that political observers say resonates with Hoosier voters.

The White case has become a rare unloading of all things deeply personal in a state where the family life of a politician — from Gov. Mitch Daniels’ divorce and remarriage to the same woman to Rep. Dan Burton’s child born out of wedlock — gets little scrutiny.

Indiana: White’s eligibility to hold office to be decided Tuesday | The Indianapolis Star

The Indiana Recount Commission will determine Secretary of State Charlie White’s eligibility to hold office on Tuesday – two days sooner than planned. The commission heard testimony this week regarding Democrats’ complaint that White was illegally registered to vote at the time he declared his candidacy and is ineligible to serve. The Democrats say White should be replaced by Democrat Vop Osili, who White defeated by a large margin last November. The commission will meet at 9 a.m. Tuesday to discuss the facts of the case and rule on the Democrats’ challenge. It was originally scheduled to announce its decision on Thursday.

White is accused of using his ex-wife’s address on his voter registration records. The Democrats suspect that he was living in a condo he purchased for him and his new wife. This week’s hearing lasted seven hours, and White testified for about two hours.