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AG to appeal secretary of state ineligibility case

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Indiana Attorney General Greg Zoeller will appeal on behalf of the Indiana Recount Commission the decision by a judge that found Secretary of State Charlie White ineligible to run for office.

Marion Circuit Judge Lou Rosenberg ruled Dec. 21 that White couldn’t be a candidate for the state office in the November 2010 election because he allegedly committed voter fraud. In June 2011, the Indiana Recount Commission unanimously voted to allow White to remain in office; the Indiana Democratic Party appealed, which led to Rosenberg finding that White wasn’t residing at the home he listed for voting as is statutorily required.

The Recount Commission said it planned on appealing but wouldn’t be able to take up the issue immediately because of uncertainty about the commission’s membership and 48-hour notice requirements for meeting.

On Dec. 23, Zoeller sent out a statement saying he will appeal the ruling for the Recount Commission. He said that his office represents the state and the public interest and it isn’t necessary for the AG’s office to wait to appeal until the commission can meet and vote on seeking an appeal. Zoeller’s statement says that the motions to trigger the appeal will be filed “soon.”

 

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  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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