The Indiana State Recount Commission on Sunday refused to dismiss a Democratic challenge to the Republican candidate's victory in the race for secretary of state over claims he wasn't legally registered to vote.
The commission met to consider a Republican motion to dismiss a contest petition filed by Democrats. A Republican representative said a revised motion would be filed Monday.
State Democrats have said that Republican Charlie White shouldn't become Indiana's chief election officer even though he won the November race. They said he committed vote fraud by using his ex-wife's home instead of his condo as his address in the May primary.
Democrats want their candidate, Vop Osili, to get the job instead.
"As with all of the commission's decisions, we strictly follow state law and the rules of due process," Secretary of State Todd Rokita, chairman of the commission, said in a statement after the 2-1 vote. "We must continue to follow the law in order to preserve the election process. Hoosier voters expect us, as stewards of their government, to uphold the law and apply it without prejudice."
State Republican Chairman Murray Clark has said White won the election and says "any attempt to undermine that outcome" would disenfranchise all those who voted for him.
State Democratic Chairman Dan Parker has said that thousands of voters supported Osili, and Gov. Mitch Daniels will properly fill the secretary of state's post job should White be disqualified.
Democrats accused White of voter fraud after he voted in the May primary using his ex-wife's home as his address instead of the condo he bought in February. White called it an honest mistake caused by his busy schedule and new marriage, but Democrats say he intentionally skirted the law to keep his seat on the Fishers Town Council.
Two special prosecutors are investigating.