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Panel to rule in June on election chief challenge

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The Indiana Recount Commission agreed Wednesday to rule by late June on whether indicted secretary of state Charlie White was eligible for office when he was elected six months ago.

Commission Chairman Thomas E. Wheeler II set a June 30 deadline for the three-member panel to rule on Democrats' contention that White, a Republican, was not legally registered to vote when he declared his candidacy to become the state's top elections official.

The commission, which will hold a daylong hearing June 21 on the Democrats' challenge, had initially dismissed the party's challenge in December. But a Marion County judge last week ordered the panel to settle the dispute.

Democrats want to depose White to gather information for their case, but White's attorneys have argued that White could incriminate himself in the criminal case he faces by defending himself in the civil case before the panel.

Wheeler, a Republican, gave attorneys for White and state Democrats until May 13 to try to settle their differences about evidence in the election challenge.

"I truly hope that you will do that because it will make it go a lot faster and I don't think the public is interested in seeing a lot of squabbling over this," he said.

Wheeler said he wants to resolve the challenge "as expeditiously as possible."

Democrats filed their challenge after the November election but before a Hamilton County grand jury indicted White in March on seven counts that include voter fraud and perjury for using his ex-wife's address on a voter registration form.

White has blamed the error on his busy schedule and new marriage and calls it an honest mistake. If convicted of a felony, he would have to resign.

Democrats contend that under state law Democrat Vop Osili, who lost to White by about 345,000 votes in the Nov. 2 election, should take office if White is declared to have been ineligible when he ran for the statewide office.

Wheeler was appointed the panel's chairman last week by Indiana's Republican Party chairman after White recused himself from hearing his own case on the panel.

The commission had dismissed Democrats' challenge to White's eligibility in December. But Marion Circuit Court Judge Louis Rosenberg last week rejected White's bid to stall the Democratic challenge of his eligibility until the criminal case against him is resolved.

Rosenberg said "the public interest is in resolving this matter" and there's no guarantee White's criminal trial on voter fraud and other charges will be held Aug. 8 as scheduled.

Wheeler said Rosenberg has ordered the commission to decide the matter no later than July 6. He urged attorneys for White and the Democrats Wednesday to steer clear of partisan attacks.

"I would admonish both parties — this is not a partisan process here and we won't tolerate partisan attacks by either party," Wheeler said.

The commission voted unanimously Wednesday to direct the secretary of state's office to turn over to Indiana's attorney general's office within 24 hours a report on White that was prepared late last year by the staff of his predecessor, Todd Rokita.

Wheeler said he and the panel's two other members — Democrat Bernard Pylitt and Republican Gordon Durnil — will take turns reading the report and decide what parts might need to be withheld.

Karen Celestino-Horseman, an attorney for Indiana Democrats, said after Wednesday's meeting that Democrats had wanted a shorter timeframe for resolving the case.

"There's no reason that it should be dragging on the way it has been," she said.

James Bopp, who's representing White in the civil challenge, said he will file an appeal with the Indiana Court of Appeals asking it to postpone the election challenge until after White's criminal case is resolved. He said doing so would prevent White from giving testimony to the commission that could later be used against White at trial.

"That's a dilemma we believe he should not be constitutionally subjected to," Bopp said.

The Indiana secretary of state's office, through its bipartisan election division, oversees voter registration and election matters across the state. Those functions, however, are primarily handled by county election boards and clerks' offices.


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  • Idiot
    Charlie - you're an idiot. I'm a staunch conservative & hope that the Governor gets to appoint your replacement. No the Democrats should not be able to put their candidate in the seat, they lost significantly (not that that matters). Charlie, resign, join the quesitonable Brizzi's of the party and go away.

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  1. City-County Councilor Angela Mansfield and Bob Lutz have a case of wishful thinking.

    They obviously don't really care about the cost.

    They should.

    Extending Federal Benefits to Same-Sex Couples Will Cost $898M, CBO Says

    http://www.foxnews.com/politics/2009/12/22/extending-federal-benefits-sex-couples-cost-m-cbo-says/

  2. Brett, be careful what you lie about, the truth always comes out.

    "IMS's George Honored: Tony George, Indianapolis Motor Speedway president and chief executive officer, received the inaugural Pioneering and Innovation Award at the Autosport Awards Dec. 5 in London for his leadership in the development of the Steel and Foam Energy Reduction (SAFER) Barrier. George received the award at the annual gala at the Grosvenor House on behalf of the creators of the SAFER Barrier from Prince Salman Bin Hamad Al Khalifa, the leader of the Bahrain International Grand Prix circuit. This is the fourth major award that has been presented to honor George and the SAFER Barrier development team. The SAFER Barrier also received the Louis Schwitzer Award, SEMA Motorsports Engineering Award and GM Racing Pioneer Award in 2002. The SAFER Barrier was installed in all four turns of the Indianapolis Motor Speedway a pioneer in safety for drivers, cars and tracks -- in time for the 86th Indianapolis 500 in 2002. It since has been installed at more than a dozen other tracks, and the latest iteration will be installed at the Speedway in the spring.(IMS PR), see more on my Indy Track News page.(12-7-2004)"

    As far as the cart safety team, I cannot find anything on its date of creation. The Delphi Safety team was created in 1996. For some reason there is not much info out there on defunct racing series.

  3. Great article Anthony. Glad IMS is finally being run like a business and not a personal check book to finance the "Vision".

    Things are looking up but 15 years of scorched earth won't be fixed overnight. Unfortunately the TV ratings are still poor and that won't change anytime soon with the brilliant 10 year contract signed under the former regime.

  4. Brett not sure why you wonder what he said in his quote. "''I would like to jump in a time machine, go back to 1995, and tell the owners and Tony George not to split,'' Franchitti said. ''As soon as my time machine is done, I know where I'm going.''"

    Pretty clear, he would love to go back and tell TG and the team owners not to split.

    I am not sure there is anyone who wanted the split, and I don't think there is anyone who would not like to go back and prevent the split. But, as has been discussed ad nauseum, without the split carts management by team owners would have run all of ow racing into bankruptcy. If cart had such a wonderful product, then losing IMS would not have forced it into bankruptcy. If NASCAR lost Daytona or Charlotte, it would not fail like cart did.

    Truth,

    So you predicted that cart would go into bankruptcy and cease to exist while Indycar would continue on? I missed that prediction.

  5. I want to live in a city that has a garage structure to be proud of for it's innovating design!

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