ILNews

Appeal planned on judge's order to remove secretary of state

Back to TopCommentsE-mailPrintBookmark and Share

Marion Circuit Judge Lou Rosenberg ruled Wednesday that Indiana Secretary of State Charlie White was ineligible to be a candidate for the state office in the November 2010 election because he allegedly committed voter fraud. Now, an appeal is being planned and many believe the case is on a fast-track to the state’s highest court.

Indiana Democrats called for an investigation two months before the 2010 general election after discovering White, a Republican, voted in the May 2010 primary while registered to vote at his ex-wife's house in Fishers.

In June 2011, the three-member Indiana Recount Commission voted unanimously to let White keep his job. The state Democratic Party appealed that decision in court and Rosenberg found the record shows White wasn’t residing at the home he listed for voting as is statutorily required.

“The fact that Mr. White knowingly registered in the wrong precinct is sufficient to render him ineligible for the office of Secretary of State,” Rosenberg wrote, remanding the case to the Indiana Recount Commission.

Rosenberg ordered the commission to remove White from office and appoint Democrat Vop Osili, who was the second-highest vote getter in 2010. State statute at the time of the election puts him in the position, although Osili has since been elected to the City of Indianapolis and Marion County City-County Council and expects to take office Jan. 1.

Recount Commission spokesman AJ Feeney-Ruiz said White remains secretary of state for the time being and that the commission wouldn’t be able to take up Rosenberg's ruling before late next week because of the holiday, uncertainty about the commission’s membership and 48-hour notice requirements.

"The secretary of state is still the secretary of state and will continue to do his work as secretary of state as this process plays out," Feeney-Ruiz said.

White’s counsel, Jonathan Sturgill, filed an emergency motion to stay on Friday, and Rosenberg has stayed the removal order until a hearing Jan 3.

The Office of the Indiana Attorney General represents the Recount Commission, and spokesman Bryan Corbin said the state agency will seek appellate review.

“One obligation of our office is to represent state government boards such as the Indiana Recount Commission in lawsuits, and when a board’s unanimous administrative decision is overturned by a court, the order should be reviewed by a higher court,” he said. “We will seek a stay of the court’s ruling and are in communication with our client, the Recount Commission, to discuss the process of an appeal.”

Indianapolis attorney Tom Wheeler, who temporarily chaired the Recount Commission after White was statutorily precluded from that role, expects the judge’s ruling will be immediately appealed to the Indiana Supreme Court.

Wheeler isn’t sure whether he retains the Recount Commission chair and has asked the AG for a formal legal opinion on his status. Indiana Republican Party Chair Eric Holcomb appointed Wheeler as chairman under Indiana Code 3-12-10-2.1(e) temporarily, but the commission issued a final determination in the White matter on June 28 and it is unclear whether Wheeler remains chairman or the secretary of state has resumed that position.

This civil action is separate from the ongoing criminal case in Hamilton County, where a grand jury indicted White on voter fraud and other charges in March. White had been trying to postpone the civil recount matter until after the criminal case was completed, but those efforts failed. Most recently, Hamilton Superior Judge Steven Nation refused a motion to dismiss the criminal case and it is scheduled to go to trial Jan. 30. Former Marion County Prosecutor Carl Brizzi is representing White on the criminal charges and has said publicly that the civil office-holding case would not impact the criminal voter fraud case.

Indianapolis attorney Bill Groth with Fillenwarth Dennerline Groth & Towe, representing the Democrat Party in the Recount Commission matter, said the next step is not known and it is premature to make any predictions.

He referred to the Indiana General Assembly’s change in state law in early 2011, which revised statute to give the governor appointment power to choose a secretary of state successor in this type of removal situation. The change came as a result of the White matter, and legislators made the move to apply to future situations after some concerns arose about making the revision retroactive to apply to the White-Osili matter. But a question could arise about which version of the statute applies now, Groth said.

“We’re really in unchartered territory here. I certainly don't want to prejudge the outcome of the criminal case, but were a guilty verdict to result, there could be a colossal legal battle over whether Vop Osili or a gubernatorial appointee would be entitled to assume the vacant office. In that eventuality and also assuming the Supreme Court did not reverse, we will be vigorously contending Osili has the superior claim to the office,” Groth added.



 

ADVERTISEMENT

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 Indiana Lawyer 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
Subscribe to Indiana Lawyer
  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

ADVERTISEMENT