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Thursday, December 22, 2011

Ind. Decisions - "Judge says White ineligible to serve as Secretary of State" [Updated]

Good coverage in this 6:11 pm version of Eric Bradner's story in the Evansville Courier & Press. A sample:

“In all likelihood, the Indiana Supreme Court is going to end up taking this up and providing us all with some direction – which would be welcome, frankly,” said Tom Wheeler, who chaired the Indiana Recount Commission earlier this year.

Rosenberg’s decision sends the case back to the commission, which is a part of the secretary of state’s office, with instruction to remove White from office and install Osili in his place.

The steps the Recount Commission must take to deal with Rosenberg’s ruling get complicated.

Wheeler’s capacity, he said, is not quite clear. He was appointed to lead the panel when White, who would otherwise have been the chairman, removed himself. But once the panel made its decision, it – and his position – dissolved.

“It stopped as a matter of law. Right now there is no Recount Commission; there is no chair of the Recount Commission,” he said.

Wheeler, who was appointed by Indiana Republican Party Chairman Eric Holcomb to replace White, who would normally serve on the panel, said he would call for a meeting, which would require 48 hours’ public notice ahead of time, if he could.

“I’ve asked the attorney general’s office for an opinion as to whether I am chairman or not; whether I can convene a meeting or not,” Wheeler said. “Am I in? Am I out? If I’m out, does the Republican Party chair reappoint a chairman?”

See ILB entry from earlier today, which links to an OCRed version of the opinion.

[Updated on Dec. 23] Here is today's lengthy Indianapolis Star story, reported by (Rolling Stone fan-girl) Mary Beth Schneider.

Posted by Marcia Oddi on December 22, 2011 07:47 PM
Posted to Ind. Trial Ct. Decisions