« Ind. Gov't. - "Session clock ticking at Indiana Statehouse: Budget, redistricting top priority list" | Main | Ind. Decisions - Upcoming oral arguments this week and next »

Sunday, March 06, 2011

Ind. Gov't. - "Charlie White's case is about much more than indictment"

That is the headline to Matt Tully's column today in the Indianapolis Star. Some quotes:

To fully grasp the importance of the biggest political story of last week, it might be helpful to read the next sentence slowly and out loud:

Secretary of State Charlie White, the man charged with keeping Indiana's elections honest, was indicted Thursday on seven felony counts, three of which center on voter fraud.

When you say the words aloud, the gravity of the charges hits even harder. It makes you realize that this isn't simply a story about another foolish politician getting in trouble with the law. Rather, this is about a politician whose presence in office threatens to taint future elections, including the upcoming municipal primaries.

And when you taint elections, as White plans to do with his selfish and misguided vow to stay in office, you also chip away at one of the most treasured and fundamental elements on which our nation is based.

Simply put, with his previous actions, and by staying in office now, White is taking another swipe at the faith we have in our system of government. He is single-handedly giving residents of Indiana another reason to distrust their government. He is making a mockery of one of the state's most important offices. * * *

Let's be clear about a couple of things: This isn't a partisan issue. And these are not minor infractions. The charges could hardly be more relevant to the job White was elected to do, and the fallout could hardly be more damaging.

He disgraced himself last year. He's tarnishing his office this year. Before long, he's going to stain a series of crucial elections.

Charlie, it's time to quit.

From about midway through a long March 4th Star story by Robert Annis and Mary Beth Schneider:
The whole sorry spectacle was one that Daniels had tried to avoid.

Democrats raised the issue in the campaign, but White won easily over Democrat Vop Osili and Libertarian Mike Wherry.

Sources confirmed to The Indianapolis Star that in December, Daniels urged White not to take office as secretary of state until these charges could be resolved. White refused.

Instead, White was sworn in with the other officeholders in a Statehouse inauguration Jan. 6, insisting to reporters that "I did not commit voter fraud." * * *

Jim Bopp, a Republican National Committee member and a Terre Haute attorney who is representing White in a civil case that Democrats brought challenging his eligibility to take office, defended White's defiance.

"He's entitled to the presumption of innocence just like every other person. I talked to him about it," Bopp said. "I'm confident that this doesn't rise to the level of a criminal offense. * * *

The last statewide officeholder to be indicted in office was Clerk of the Courts Dwayne Brown in 1995, also for using state employees for political work. He refused to step down, but the Supreme Court, which essentially was his boss, stripped him of his duties. Brown eventually was convicted, and that office is no longer an elected position.

Daniels can't strip White of his duties. It's possible no one can -- except White himself, by resigning, or a jury or judge, by convicting him. * * *

Making the situation more complex, [Sen. Ed Delaney, D] said, is the fact that voters were aware -- or at least should have been, given the publicity -- of the accusations against White when they elected him with 57 percent of the vote over the Democrat, Osili.

The Indiana Democratic Party contested those results to the Indiana Recount Commission, where the two Republican members, including Rokita, voted in White's favor, while the one Democrat voted against him. They followed that with a court challenge, now pending in Marion Circuit Court.

At stake: how a replacement would be selected if White resigns or is removed from office.

If White were legitimately elected, Daniels would appoint a successor. Democrats, though, point to another state statute that says that if a candidate is found to be ineligible to serve, the runner-up -- in this case, Osili -- should be certified as the winner.

They claim the Recount Commission should have declared White ineligible to run because he wasn't legally registered to vote when he filed his candidacy in July.

"Essentially, we think that when the statute says a candidate has to be registered to vote by a certain date, that means legally registered to vote," said attorney Bill Groth, who is representing the Democrats in their challenge.

White's indictment could help the Democrats prove he skirted the law.

"Had he been exonerated," Groth said, "we certainly would've had to re-evaluate whether to proceed with the civil case."

Both sides are scheduled to appear in court for a hearing April 6.

From a March 4th WTHR story by Sandra Chapman:
"Charlie should at least step aside temporarily until these charges are ajudicated," said White's predecessor, Congressman Todd Rokita, who says White has lost credibility.

Rokita served as the Chairman of the Indiana Recount Commission when Democrats first filed a complaint of voter fraud against White last year. At that time Rokita sided with White, overriding the complaint 2-1.

"The Recount Commission is an administrative body and it's not equipped, nor should it be, to deal with criminal charges," Rokita said in response to his previous stance.

From a March 3rd WTHR story:
The counts are as follows:

Fraudulent voter registration - Class "D" Felony
2 counts of Perjury - Class "D" Felony
Voting outside of precinct residence - Class "D" Felony
Procuring a fraudulent ballot - Class "D" Felony
Theft - Class "D" Felony
Fraud on a financial institution - Class "C" Felony

Here is a copy of the White indictment.

Here are earlier Charlie White ILB entries. See especially this ILB entry from Nov. 21, 2010, which deals with the "ineligible to serve" issue.

Finally, the April 6th hearing is in Marion Circuit Court. The ILB has obtained a copy of the 38-page Indiana Democratic Party's "Brief in Support of Reversal of Indiana Recount Commission." Access it here. The ILB also would be pleased to post the response.

Posted by Marcia Oddi on March 6, 2011 04:04 PM
Posted to Indiana Government