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High court denies rehearing in secretary of state eligibility suit

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The Indiana Supreme Court will continue to stay out of the suit involving Indiana Secretary of State Charlie White and whether he was eligible to run for office.

The justices denied White’s petition for rehearing Thursday in Charlie White, et al. v. Indiana Democratic Party, No. 49S02-1105-MI-291. They denied his motion to stay May 20 after granting emergency transfer under Indiana Appellate Rule 56(A) and dismissed the appeal.

The Indiana Recount Commission is investigating whether White was eligible to run for Indiana Secretary of State because he registered using a false home address during his campaign. Marion Circuit Judge Lou Rosenberg ordered commission members to hear a challenge from Democrats on White’s eligibility. There is an evidentiary hearing for the election contest scheduled June 21 and the commission has a self-imposed June 30 deadline for deciding the matter. The Indiana Recount Commission recently decided that the June 21 hearing will be streamed online and TV cameras will be allowed. White argued against allowing TV cameras in the hearing.

White also has criminal charges pending in Hamilton County, including felony voter fraud charges, and is scheduled to go to trial in August. He wanted the Supreme Court to stay the recount matter until the criminal case is resolved because he argued the voter fraud question is what is at issue in both matters. If White is convicted of a felony, he would not be able to hold office. He could also be removed from office if the commission determines he wasn’t legally registered and able to be on the ballot.

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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