Election issues

Justices rule Charlie White was eligible for office

March 15, 2012
Michael Hoskins
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.
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Justices rule that law allows town of Fishers to proceed with reorganization

March 15, 2012
Jenny Montgomery
Responding to a certifiable question from Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana, the Indiana Supreme Court held that the town of Fishers may proceed with plans to reorganize as a city whose council chooses a mayor.
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Supreme Court rules Charlie White was eligible to assume office

March 15, 2012
Michael Hoskins
The Indiana Supreme Court has held that Charlie White was eligible to assume the office of secretary of state after being elected to that post in the 2010 general election. The justices point out the average voter was aware of concerns surrounding White’s voter registration history and they will not, on the basis of the petition before them, “judicially disenfranchise voters who went to the polls.”
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Justices take environmental, land rights appeals

February 13, 2012
Michael Hoskins
The Indiana Supreme Court accepted two civil cases last week on transfer, in addition to the two-high profile appeals involving legislative fines against lawmakers and Secretary of State Charlie White.
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Justices take secretary of state case

February 8, 2012
Jennifer Nelson
The Indiana Supreme Court decided Tuesday to hear the appeals of a Marion County judge’s decision that found Indiana Secretary of State Charlie White ineligible to hold office.
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Governor appoints interim secretary of state

February 6, 2012
IL Staff
After Indiana Secretary of State Charlie White was found guilty of six felony charges Feb. 4, Gov. Mitch Daniels appointed Jerry Bonnet as interim secretary of state. A convicted felon cannot hold statewide office in Indiana.
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AG asks justices to take secretary of state case

January 11, 2012
IL Staff
The Office of the Indiana Attorney General has asked the Indiana Supreme Court to take the Indiana Recount Commission’s appeal of the finding that Secretary of State Charlie White was ineligible to be on the November 2010 ballot.
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Bills would make changes to pro bono funding, court costs, early voting

January 5, 2012
Jenny Montgomery
Indiana’s 2012 legislative session promises to be a busy one, with hundreds of bills already filed and a short session deadline of March 14. Read about some of the bills Indiana Lawyer is watching.
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Judge allows Charlie White to remain in office pending appeal

January 4, 2012
Michael Hoskins
Recognizing the judiciary has the ability to minimize damage caused by the ongoing Indiana secretary of state court challenge, a Marion Circuit judge has put a hold on his ruling that the state’s top election official be immediately removed from office and a successor appointed.
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AG to appeal secretary of state ineligibility case

December 27, 2011
IL Staff
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.
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Appeal planned on judge's order to remove secretary of state

December 23, 2011
Michael Hoskins
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.
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Judge rules Charlie White ineligible for candidacy

December 22, 2011
Francesca Jarosz
A Marion County judge has ruled that Secretary of State Charlie White was ineligible to be a candidate and the office should go to Democrat Vop Osili, his challenger in the 2010 election.
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No easy fix for waning voter interestRestricted Content

December 21, 2011
Jenny Montgomery
Election results highlight lack of civic engagement in Indiana.
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Judge upholds New Castle mayor's election

December 20, 2011
Michael Hoskins
A special judge in Henry County has dismissed a challenge to the New Castle mayor’s election, finding that mayor-elect Greg York is able to become the city’s top executive because he didn’t violate the state’s residency requirement by keeping two homes and splitting where he spent his time.
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Curry denies White's request for special prosecutor

October 20, 2011
IL Staff
Marion County Prosecutor Terry Curry said Thursday that his office will not grant Secretary of State Charlie White’s request to appoint a special prosecutor to investigate White’s allegations of voter fraud by former U.S. Senator Evan Bayh and his wife Susan.
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7th Circuit enjoins limits on 'super' PAC contributions

August 2, 2011
Michael Hoskins
A prominent Terre Haute attorney known for his work challenging campaign finance laws and regulations scored another legal victory after the 7th Circuit Court of Appeals enjoined state limits on contributions to what’s known as "super" political action committees.
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Court issues judgment in absentee ballot case

December 16, 2009
Jennifer Nelson
The Marion Circuit Court has outlined the required procedures for dealing with the county's absentee ballots following a suit that accused the Marion County Election Board of not following statute.
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Justices: new Terre Haute election not needed

June 16, 2009
Michael Hoskins
A special election isn't needed to determine the rightful mayor of Terre Haute, the Indiana Supreme Court ruled today.
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COA upholds dismissal of election challenges

May 28, 2009
Jennifer Nelson
Today Indiana's appellate courts are dealing with two mayoral election disputes, with the Court of Appeals ruling on one in Muncie and the Supreme Court hearing arguments in another from Terre Haute.
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High court grants order in election case

March 5, 2009
IL Staff
The Indiana Supreme Court issued an order today granting the Marion County Election Board's corrected motion to remand a case pursuant to Appellate Rule 37.
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Justices asked to take Terre Haute mayor case

December 16, 2008
Michael Hoskins
The Indiana Supreme Court is being asked to consider the role a federal law plays in deciding who is Terre Haute's current mayor and whether a special election is needed.
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COA voids Terre Haute's 2007 mayoral election

November 13, 2008
Michael Hoskins
The man elected Terre Haute's mayor was ineligible because of federal law to become a candidate or assume office, the Indiana Court of Appeals ruled today on an issue of first impression. As a result, a special election is needed to fill the vacancy.
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Courts leave election law questions unanswered

November 4, 2008
Michael Hoskins
In the days leading up to an Election Day where thousands of Hoosier voters had already cast ballots before polls even opened, Indiana's appellate judges issued a pair of election law rulings that leave more questions than answers and will likely lead to further review.
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COA: Keep early-voting sites open

November 3, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a special judge's ruling to keep early-voting sites open in Lake County, holding that even if election law was violated in establishing the sites, public interest in having the sites would keep them open.
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Appeals filed in challenged mail-in ballot ruling

November 3, 2008
Jennifer Nelson
The plaintiffs in a Marion County suit involving how challenged mail-in absentee ballots are counted have filed a verified appellate Rule 56(a) motion for the Indiana Supreme Court to accept jurisdiction over their appeal.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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