ILNews

Justices rule Charlie White was eligible for office

Back to TopCommentsE-mailPrintBookmark and Share

Refusing to go against the will of Indiana voters, the state’s highest court has held that Charlie White was eligible to run for secretary of state and assume that office after being elected in 2010.

The justices on Thursday upheld their practice of not “judicially disenfranchising” voters, reversing the decision by Marion Circuit Judge Lou Rosenberg which had held that Charlie White was not eligible to run as a candidate for secretary of state as a result of being improperly registered to vote.

“It is likely that the average voter was aware that there were concerns about White‘s voter registration history at the time of the election,” the opinion says, “but we will not, on the basis of the present petition, judicially disenfranchise voters who went to the polls aware of what were at that moment only allegations.”

While the ruling in Charlie White, et. al. v. Indiana Democratic Party, through its Chairman , Daniel J. Parker, No. 49S00-1202-MI-73 impacts statutory interpretation for candidates and elected office holders, the ruling is essentially moot as it applies to the former secretary of state in this case because he has already been removed from office on different grounds.

The Indiana Democratic Party challenged White’s eligibility as a candidate after the November 2010 general election, saying that he was registered to vote at his ex-wife’s home where he didn’t reside and wasn’t properly registered to be a candidate for that election. The Indiana Recount Commission decided last summer White was eligible and could hold the office. But on judicial review, Rosenberg ruled in December 2011 that White wasn’t eligible and the second-highest vote getter should take the office.

Chief Justice Randall T. Shepard wrote the 20-page opinion, finding the state Democratic Party’s post-election challenge was untimely and they should have challenged the voter registration matter before the election.

The Democratic Party didn’t file a pre-election challenge as they could have within 74 days of the general election pursuant to Indiana Code 3-8-8-1 to -8, and the court found the party should have been more diligent to comply with that timeline in filing an election challenge.

The justices relied on Burke v. Bennett, 907 N.E.2d 529 (Ind. 2009) in balancing the line between the disqualification provision in post-election contests and impeding the pre-election application of state law in challenging a person’s qualifications to be a candidate. The specific statutory requirements at issue in this case have present tense language and refer to those who are currently candidates or remain candidates for office, the justices determined.

“Our conclusion is that the Code places a burden on political campaigns to investigate and vet their opposition before the pre-election time limitations expire, but that is better than the alternative: that a challenger might ignore a known (or knowable) disqualification challenge before the election, wait to see who won at the polls, and then seek to set aside the results of the democratic process,” Shepard wrote. “Such a result is inconsistent with free elections and respect for voters’ expressed preferences.”

Justice Brent Dickson concurred in result, but wrote separately to say that he agreed with the election contest being dismissed because he sees the Legislature’s attempt to impose additional eligibility qualifications on candidates as unconstitutional and not a basis to contest someone’s eligibility for office.

This appeal does not involve any aspect of a separate criminal case against White, which led to his being convicted in February of six felonies including voter fraud and his receiving a one-year sentence of home detention and being removed from office. The governor appointed Jerry Bonnet as the interim replacement, and following the court’s ruling, Daniels said he will move forward with choosing a permanent successor.

 

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. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

ADVERTISEMENT