IBJNews

Judge orders Indiana recount chief into court

Back to TopCommentsE-mailPrint

A judge Monday ordered the head of the Indiana Recount Commission to appear before him this week to explain why the panel has not moved more quickly in considering whether Republican Secretary of State Charlie White was a valid candidate when he won election last fall.

WISH-TV reported Marion Circuit Judge Louis Rosenberg issued an order Monday setting a Thursday hearing at which Recount Commission Director Brad Skolnik would to be asked to show why he should not be held in contempt for not investigating White's voter registration quickly, as the judge had ordered.

Rosenberg also ordered Indiana GOP Chairman Eric Holcomb to appoint a member to the recount commission to replace White within two days. He also ordered Holcomb to appear at the Thursday hearing.

White, Indiana's top elections official, is accused of committing voter fraud by listing his ex-wife's address as his own on a voter registration form. White has previously acknowledged the voting error, chalking it up to his busy schedule and new marriage. Democrats want him ruled ineligible to serve and the runner-up declared the winner.

Rosenberg's order came after Indiana Democrats asked Rosenberg earlier Monday to set a deadline for the recount panel to reconsider the validity of White's candidacy or appoint his own fact-finding commission to do so.

Attorneys for Indiana Democratic Chairman Dan Parker filed a motion saying the Recount Commission had not yet met to discuss White's candidacy despite Rosenberg's April 7 ruling ordering the panel to handle the issue "expeditiously."

"It is now nearly three weeks since this court ordered the commission to move expeditiously and offered the commission the opportunity to work to restore the credibility of the political system in the eyes of Indiana voters," the motion said.

Since the April 7 ruling, Parker has named a new Democratic member to the politically appointed panel and White has recused himself as required by state law. GOP Chairman Eric Holcomb has yet to appoint White's replacement.

White's attorney appealed the April 7 ruling last week in a move that Democratic attorneys described as a stalling tactic to gain time for legislators to change the law governing who would replace White if he were removed. Democrats say state law currently requires the runner-up, Democrat Vop Osili, to replace White, but a bill in the General Assembly would allow such vacancies to be filled by the governor.

The motion also asked Rosenberg to order a fact-finding commission to report by May 20.

White's attorney, Jim Bopp, says the case is now in the hands of the Indiana Court of Appeals.

"We've appealed the judge's ruling, and that means the ruling isn't going to be acted upon until the courts decide if his ruling is valid or not," Bopp said.

But Democratic attorney Bill Groth said state law allows the case to continue unless a stay is ordered by the trial court or the Court of Appeals. Groth also said Rosenberg's ruling was not a final order and thus not immediately appealable, and he intends to file documents to have the appeal set aside.

Indiana Democrats called attention to the address discrepancy after White voted in last May's Republican primary. They contend White intentionally skirted the law to keep his seat on the Fishers Town Council after moving out of the district he represented.

After the Nov. 2 election, in which White beat Osili by about 345,000 votes, Democrats filed a petition with the Indiana Recount Commission challenging White's eligibility. The panel voted 2-1 along party lines to dismiss the challenge on Dec. 12, and Democrats appealed the decision in Marion Circuit Court.

In a separate criminal case stemming from the same circumstances, White was indicted March 3 on seven felony counts including voter fraud and perjury by a grand jury in Hamilton County, just outside Indianapolis. If convicted of a felony, he would have to resign.

ADVERTISEMENT

  • Name The Judge.....
    ..Why does the article not name the Judge who issued the order to stay collection of the fines?
  • Hmmmmm
    It appears our Republican friends are scared to death about what an honest inquiry might reveal.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
Subscribe to IBJ
  1. Saw the Indy Men's Chorus "Music of Gilbert & Sullivan" at the Indiana Historical Society on Sunday evening.

  2. Temporary workers are not "tools" they are people and companies that keep large amounts of temp staff are cheating.

  3. I miss having them around. I hope one of their stores is in the general Meridian/86th Street area. I will make good use of it.

  4. The Fringe! Plus, the simple fact that there are so many local faves in such close proximity to each other.

  5. I remenber, watching the toll road, being built, through South Bend, when I was 10 years old. I believe, back then that it was estimated, that the toll road, would be paid for in 20 years and then it would be free. I am now 71, what happened? Since the power is in the people, by that, I mean that, we the people are in total control of everything. I, suggest that no one ever use the toll road again, let it go broke. We the people can control the price of everything, from groceries to gas, if we would just do it. If we don't pay the asking price, the sellers will lower the price and if we wait awhile, they will lower the price to what we accept as reasonable. I would like to know why a highway like interstate 94, is so well maintained, a much better highway, than the toll road, but has no tolls. I would also like to know why, a sitting governor, with a term limit, maximum of eight years, can lease, public property, for 75 years. Even though I have transponders in both of my trucks and will not be affected by the increase, I have been and will contine to avoid using the toll road. I make many trips from northern Indiana to Chicago, every year, and I prefer the better highway, I94!

ADVERTISEMENT