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.
Zoeller says it's important that White's eligibility be decided "with certainty and finality."
Democrats say White should be ousted and replaced with second-place finisher Vop Osili, a Democrat, because White, a Republican, allegedly committed voter fraud and wasn't legally registered.
White faces trial this month on felony charges stemming from the same allegations.