Indiana Secretary of State Ruled Ineligible

[Texsox]

With no one to check the IDs, I'm not certain how that really helps.

[southsider2k5]

http://www.in.gov/portal/news_events/73399.htm

 

Attorney General's statement on Court's ruling on motion to stay

 

INDIANAPOLIS - Today the Marion County Circuit Court decided to stay its December 22 ruling reversing the Indiana Recount Commission while that ruling is appealed. The Court had reversed a unanimous Recount Commission decision on a candidate's 2010 ballot eligibility and the Commission is appealing that reversal. The Indiana Attorney General's Office represented the Recount Commission in the litigation and will represent it during the appeal. Attorney General Greg Zoeller today issued this statement:

 

"As state government's lawyer, my office's obligation is to defend the decisions of state boards and commissions. If the Recount Commission found a candidate eligible for the ballot, we would defend the decision; and if they found a candidate was not eligible, we would defend that decision also. Regardless of the candidate, the commission's administrative authority to act is a legal principle that the State must defend. My office in a careful methodical way is drafting an appeal with the objective of bringing this convoluted case to the Indiana Supreme Court," Zoeller said.

 

The Indiana Attorney General's Office represents the Recount Commission only and does not represent candidate Charlie White. The Attorney General has the separate legal authority to seek an appeal on behalf of the Recount Commission's previous decision without the commission reconvening. An appeal of the December 22 court order will be filed soon.

[southsider2k5]

http://www.nwitimes.com/news/state-and-reg..._medium=twitter

 

Home / News / State and Regional News / Indiana / Indiana

Political stakes are high as Sec. of State White goes on trial

 

BY CHARLES WILSON Associated Press | Posted: Sunday, January 29, 2012 10:30 am | 1 Comment

 

INDIANAPOLIS | Charlie White might not have been aware he could be breaking election law when he registered to vote at his ex-wife's address in Indiana's May 2010 Republican primary. But whether he acted deliberately or out of ignorance, experts say the action undermines the credibility of the state's top elections office.

 

"There are two scenarios, and neither one is very flattering," said Robert Dion, a political science professor at the University of Evansville. "Either he was not aware of the law — and that doesn't raise a lot of respect — that you have to live in the district you represent, (or) if he did know, that's even worse."

 

After more than a year of legal wrangling, White's fate now rests with the jurors who will be selected starting Monday in Noblesville. Their task: to determine whether the state's top election official is guilty of voter fraud, perjury and theft.

 

If convicted, White could face prison time and be forced to give up his office. But Dion said the stakes are even higher.

 

Though White himself has downplayed the power of his office, the secretary of state is the ultimate arbiter of Indiana elections and tops the ballot in off-year elections. The state constitution gives the secretary of state authority to oversee elections by registering candidates and certifying winners, even in case of a recount. The office also enforces campaign finance laws. And the party that holds the office gets the deciding vote among precinct officials who run local elections, Dion noted.

 

"It's remarkable, because his position is charged with being the chief election officer for the entire state and overseeing the election laws. Out of all things, that's not what you want to be charged with," said Dion, referring to the voter fraud charge.

 

The trial, which could last up to three weeks, is the latest legal stop for White since Democrats first accused him of lying about where he lived when he voted in the 2010 primary.

 

One judge already has ruled that White should be ousted and replaced by Vop Osili, the Democrat he defeated. If White is convicted on even one of the seven felony counts against him, Gov. Mitch Daniels — a fellow Republican — would appoint his replacement. But White likely would appeal a guilty verdict, and even if he is removed from office, odds are there will be a court fight over who gets to replace him.

 

The outcome of the case, whenever it occurs, "has far-reaching political consequences," Dion said. "Lasting political consequences."

 

How did White end up in this position?

 

Democrats claim White lied about where he lived because he had moved out of the district he represented on the Fishers Town Council and would have had to give up his seat.

 

White, who declined an interview request through his attorney, has called what happened a mistake that arose from an "unconventional" living arrangement during his campaign for secretary of state.

 

"He was living out of his car. He literally had a lot of his clothes in his car. He ate out of his car. That's where most of his possessions were," White's ex-wife, Nicole Mills, told The Associated Press in June.

 

When he wasn't on the road living out of his car, White says he was sleeping in his ex-wife's basement, an arrangement they both acknowledge might seem unusual but one they say worked for them. White's fiancée Michelle, now his second wife, says she didn't believe it was right for them to live together before they were married, so when White bought a condo, she moved in, but he didn't.

 

White says he registered to vote at his ex-wife's address because that's where he was living. Critics — chiefly Democrats — say he knew he was going to move into the condo and should have registered there but didn't so he could continue drawing his $1,000-a-month salary as a Fishers councilman.

 

They say that meant he was ineligible to run for office and asked the state recount commission to remove him from office, even as a Hamilton County grand jury indicted him.

 

White has resisted calls to resign from Democrats and Republicans alike. The Indiana Recount Commission upheld his candidacy, though its chairman scolded him for "treading the line." Democrats appealed to a Marion County judge, who eventually ruled that the commission should certify Osili as the winner of the 2010 race. Both sides then asked the Indiana Supreme Court to step in, but the high court hasn't yet agreed.

 

James McCann, a political science professor at Purdue University, said the situation is particularly embarrassing for Republicans, since they pushed the state's voter ID law as a way to prevent voter fraud.

 

"It's a big political issue," McCann said. "You think from the Republicans' standpoint they'd love to see it go away."

 

White has protested his innocence and has steadfastly refused to quit, maintaining he is the victim of a political witch hunt.

 

The Supreme Court hasn't indicated whether it will take up the case. Meanwhile, White must head back to court.

 

"It's like a train wreck that's going in slow motion," Dion said. "Just when you think it can't get worse, it gets worse. If it were a movie, you wouldn't believe it was happening."

 

Read more: http://www.nwitimes.com/news/state-and-reg...l#ixzz1kxoOhgc3

[StrangeSox]

White says he registered to vote at his ex-wife's address because that's where he was living. Critics — chiefly Democrats — say he knew he was going to move into the condo and should have registered there but didn't so he could continue drawing his $1,000-a-month salary as a Fishers councilman.

 

It seems that this would be a non-issue if he wasn't a prominent politician.

[Texsox]

Personally, it seems like such a minor issue and the punishment doesn't seem like it fits the offense. I'm glad it would be a Republican appointing a Republican, I've never like political party switches during these times.

[Rex Kickass]

Personally, it seems like such a minor issue and the punishment doesn't seem like it fits the offense. I'm glad it would be a Republican appointing a Republican, I've never like political party switches during these times.

I'm sorry, but it isn't that minor when you consider that this person ran to be in charge of enforcing election laws. And he was found guilty last night.

 

http://www.indystar.com/article/20120204/N...xt|IndyStar.com

 

After about 12 hours of deliberation, a jury convicted White of three counts of voter fraud, two counts of perjury and one count of theft.

 

He could face six months to three years in prison on each of the counts.

 

White was acquitted of his most serious charge, fraud on a financial institution, a class C felony.

 

Mitch Daniels has appointed an interim Secretary of State - just in case these six convictions are lessened to misdemeanors, in which case the Governor can (and from the tenor of his press release will) give Charlie White his job back.

 

I think its more than fair to point out that the Republican party considers Mitch Daniels to be one of their stars waiting in the wings. This governor, a part of the party that has made it a point to rail against voter registration fraud, and push to make it more difficult to vote, is standing by his fellow party member who has been convicted of three counts of voter fraud - dealing specifically with voter registration.

[Texsox]

Don't look at the title of the laws he broke, look at what he actually did. That is what I based my opinion on.

[Rex Kickass]

Don't look at the title of the laws he broke, look at what he actually did. That is what I based my opinion on.

Violated election laws while running to be the arbiter of election law? Yeah, that's what he did.

[StrangeSox]

Violated election laws while running to be the arbiter of election law? Yeah, that's what he did.

 

I'm cool with looking the other way if Republicans agree to never whine about the fake cause of VOTER FRAUD!!! as a cover for disenfranchising poor voters ever again.

[Rex Kickass]

I'm cool with looking the other way if Republicans agree to never whine about the fake cause of VOTER FRAUD!!! as a cover for disenfranchising poor voters ever again.

There's also the matter of defrauding the town he moved out of as well.

[southsider2k5]

I'm cool with looking the other way if Republicans agree to never whine about the fake cause of VOTER FRAUD!!! as a cover for disenfranchising poor voters ever again.

 

I'd rather they throw the book at him personally.

[Rex Kickass]

I'd rather they throw the book at him personally.

Agreed. And rather than standing with their guy, the GOP ought to be ostracizing them. His actions put the GOP's status as a party at risk in a state where that shouldn't even be in question.

[Texsox]

Violated election laws while running to be the arbiter of election law? Yeah, that's what he did.

 

He violated a law that seems about to me as bad as a cop speeding five miles over the limit. Not certain I would punish it that severely. And I support allowing him due process before removing him from office.

[EvilMonkey]

He violated a law that seems about to me as bad as a cop speeding five miles over the limit. Not certain I would punish it that severely. And I support allowing him due process before removing him from office.

Even Democrats caught with bribe money stashed in a freezer get due process and don't resign until they get it.

[Rex Kickass]

He violated a law that seems about to me as bad as a cop speeding five miles over the limit. Not certain I would punish it that severely. And I support allowing him due process before removing him from office.

He had due process. And was found guilty on five counts.

[southsider2k5]

Agreed. And rather than standing with their guy, the GOP ought to be ostracizing them. His actions put the GOP's status as a party at risk in a state where that shouldn't even be in question.

 

I'd also like to see them go after both Bayh and Lugar for the same reasons, but it won't happen. Apparently Lugar has been doing it since 1977.

 

 

[StrangeSox]

He threw Daniels under the bus in his statement accusing him of the same thing from what I read.

[southsider2k5]

He threw Daniels under the bus in his statement accusing him of the same thing from what I read.

 

Honestly it happens way too often. I've personally seen it locally where a person from outside of City limits was listed as the same address as an important non-political figure. I've seen another that ended up being a factory which closed before I was born. All to run for City Council and to serve on local boards.

[Texsox]

He had due process. And was found guilty on five counts.

I thought you posted somewhere there was an appeal process that may knock those down to misdemeanors. It seems like a fair plan to appoint an interim and once any and all appeals are exhausted, then replace him. I would hope at some point he would resign.

 

Maybe if I lived there I could work up a little more venom. But it wasn't like he stole an election, had he filed properly he still would have won.

[Texsox]

Honestly it happens way too often. I've personally seen it locally where a person from outside of City limits was listed as the same address as an important non-political figure. I've seen another that ended up being a factory which closed before I was born. All to run for City Council and to serve on local boards.

 

Why? Personal financial gain? Volunteerism?

[Rex Kickass]

I thought you posted somewhere there was an appeal process that may knock those down to misdemeanors. It seems like a fair plan to appoint an interim and once any and all appeals are exhausted, then replace him. I would hope at some point he would resign.

 

Maybe if I lived there I could work up a little more venom. But it wasn't like he stole an election, had he filed properly he still would have won.

 

He was found guilty of fraud and theft. He moved out of the town he lived in as an elected official, lied about where he lived - took a paycheck he wasn't entitled to and voted in a district he wasn't entitled to. I'll be honest, if this was any other statewide position OTHER than the one responsible for enforcing election laws, I probably wouldn't have as big of a problem with using an address in another voting district - but the paycheck thing? That's egregious and corrupt and politicians who violate the public trust in this way should get everything that's coming to them.

[southsider2k5]

Why? Personal financial gain? Volunteerism?

 

Usually? Personal political gain.

[StrangeSox]

Usually? Personal political gain.

 

In America, first you get the sugar, then you get the power, then you get the women.

[Texsox]

Usually? Personal political gain.

 

Your boards are way better than ours

[Texsox]

He was found guilty of fraud and theft. He moved out of the town he lived in as an elected official, lied about where he lived - took a paycheck he wasn't entitled to and voted in a district he wasn't entitled to. I'll be honest, if this was any other statewide position OTHER than the one responsible for enforcing election laws, I probably wouldn't have as big of a problem with using an address in another voting district - but the paycheck thing? That's egregious and corrupt and politicians who violate the public trust in this way should get everything that's coming to them.

 

 

As he was between marriages, I am cutting him some slack on the address. Anyone that can get an ex-wife to cover for him, or allow him to crash there, deserves a break.

 

I like your point about positions matter. I was not taking that into account enough.