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State will seek to block Democratic legal move in White case

Associated Press
February 7, 2012
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The Indiana attorney general's office says it will object to a legal move by Democrats to put their 2010 secretary of state candidate in office following Republican Secretary of State Charlie White's conviction on voter fraud charges.

The agency said late Monday it would seek an expedited review from the state Supreme Court.

The Indiana Democratic Party on Monday asked the state appeals court to order Democrat Vop Osili be declared secretary of state. Gov. Mitch Daniels already has named the office's top counsel as interim secretary of state.

A jury found White guilty early Saturday of six felony counts, forcing his removal from the politically powerful office. But White's lawyer wants to have the charges reduced to misdemeanors, which would allow White to return to office.

The Democrats' push to prevent Gov. Mitch Daniels from being able to appoint a fellow Republican to fill the office comes as White argued in a television interview after his conviction that Daniels has been voting illegally for years.

Democratic lawyers argued in court documents that White's crimes including lying about his address on voter registration forms, supporting their argument that White wasn't an eligible candidate for the office, which responsibilities includes oversight of elections.

Democrats asked the appeals court to enforce a Marion County judge's December decision in a civil case ordering the state recount commission to declare Osili as the election winner.

Republicans maintain Daniels should name a replacement if White is removed from office because of the Hamilton County convictions. Daniels said he was holding off on naming a permanent replacement because a judge could reduce the convictions to misdemeanor at White's Feb. 23 sentencing.

An appeals court spokesman said the court wasn't taking immediate action Monday on the Democrats' request.

Karen Celestino-Horseman, an attorney for the Democrats, said the courts have no reason to delay enforcement of the order that Osili be declared the election winner because of White's criminal conviction.

"This office could be bouncing around for a while, so if Vop goes into office and holds it under the election challenge then it doesn't matter what happens in the criminal case," she said.

White is expected to appeal the conviction on charges that he wrongly claimed to be living at his ex-wife's home in the Indianapolis suburb of Fishers while running for secretary of state. His defense attorney has said he will ask the judge to reduce the charges to misdemeanors because White has no criminal background and a long record of public service.

State Republican Party spokesman Pete Seat said were simply trying to overturn an election outcome that was upheld unanimously by the bipartisan state recount commission.

"Clearly they can't accept the verdict of Hoosiers who overwhelming selected the Republican nominee and they're trying to disenfranchise those hundreds of thousands of voters," Seat said.

White said in a television interview after his conviction that he didn't believe he was being treated fairly in the court system, arguing that Republican Gov. Mitch Daniels and Democratic former Sen. Evan Bayh had been casting ballots with voter registration addresses where they didn't live.

White, whom Daniels supported during his 2010 campaign, told Fox News Channel on Sunday that Daniels "has voted incorrectly, according to the standards put on me, the last 10 straight elections."

White maintained that Daniels was wrongly registered at the governor's residence on the north side of Indianapolis rather than at the home he and his wife have in the northern Indianapolis suburb of Carmel. "He votes down at the governor's mansion, where everyone knows that he does not live," White said.

Daniels spokeswoman Jane Jankowski said the governor's office was confident that he was following the law.

The Marion County prosecutor in October turned down White's request for an independent investigation of his vote fraud allegations against Bayh, saying White provided no evidence to conclude that Bayh and his wife have given up their Indianapolis residence despite continuing to live in Washington since Bayh's Senate term ended last year.

White didn't respond Monday to a request for comment from The Associated Press.

Indiana Democratic Party Chairman Dan Parker said he wasn't surprised that White was lashing out at others.

"This is a desperate person who was just convicted of fraud," Parker said. "I would say that Mitch Daniels' and Evan Bayh's cases are such that they've never hidden anything from the voters."


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  • Finally at the Right Place
    The current (tune in tomorrow folks) result is that we have an appointed Secretary of State, which is what that office should always have been. The officeholder always hires someone to do the work anyway, and happily goes off to run for some other office. Same is true of our Treasurer. While waste an election on apprentice politicians?
  • Fraud
    White ran on fraudulent terms; he was not eligible to run. Therefore, his election was fraudulent as far as the results are concerned. His candidacy is fraudulent and should be discarded. Therefore, the next candidate with votes should move up. Daniels is just fighting to save face. The "people" should demand accountability.
  • They are all cheaters
    This guy makes it embaressing to be a Republican, buy sorry dumbocrats...the public elected a republican so White should be replaced with a republican.
  • Setting the Right Standard
    This is a perfect opportunity for Republicans to take the high road. Rise above the political crap and make a clean break from this guy.

    His argument that Daniels does it too is specious. The Governor's mansion is a state-owned building provided for his use if he chooses to use it. That canard makes me more convinced that Charlie knew exactly what he was doing. Obviously, the jury thought the same thing -- to the tune of seven felony counts.
  • maybe he has a point
    Apparently we found the source of voter fraud
    which needed to be so aggressively addressed
    a few years ago.
  • Politics
    This is why even as a long time Rebublican I refused to vote for the crook.

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  1. Half of these comments make no sense really; Carmel (rolls eyes; everyone has this high regard but honestly I think people in Carmel are blind) IUPUI- shouldn't receive any accolades for parking garages (location and design wise) Indianapolis with a deteriorating circle center mall doesn't need another complex with the hope of retailers to come, we don't need twenty more CVS's and Starbucks'; I can fly to New York City and find a couple dead blocks; they exist so what...Indianapolis needs an actual downtown population to achieve more...that 120 million pay raise Mr Simon wants; maybe he should re-invest it in downtown Indianapolis..he is sure investing the company funds in Boston...

  2. Zionsville/Eagle Creek is a lovely area however there is one thing that it is severely lacking and that is mountain bike trails. The east side of the city has two wonderful trails available (Ft. Ben and Town Run) and both of these areas are undoubtedly better because of these two trails. Not only do these trails give these parks even more use (more money for the parks) but the people that use these trails are helping to preserve the park through trash pick-up, trail maintenance, and public education. Eagle Creek, it's time to catch up!

  3. DRT...

    Sorry for the confusion and poor wording on my part. There's no official indication that One America opposes retail.

    I was expressing my difficulty in imagining a reason for One America to oppose a more attractive mixed-use structure.

  4. this is an easy one, gambling casinos in all large hotels in the state. Invite in Donald Trump and all the casino owners from Las Vegas. Also, legalize the Indian tribes in Indiana to open casinos tax free. Rivers are a natural for this, the Wabash, the Tippecanoe, and the Ohio Rivers as gambling highways and Lake Michigan from Gary, Indiana. If this is an industry, which it is not, because it makes nothing, it redistributes wealth, instate and out of state. Maybe casinos attached to all shopping malls, Greenwood, Castleton, Keystone at the Crossing.

  5. The state can solve this easily, riverboat gambling in the Ohio River Indiana side, also, Indianapolis converts Union Station to a casino, that way central Indiana residents will not leave the state to gamble. Also, riverboat gambling in Gary , Indiana, Terre Haute, and all along the Wabash River from Lafayette to Terre Haute, to Vincennes. Riverboat tours and vacations as well.

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