INDIANAPOLIS – The Indiana Supreme Court on Tuesday took over the thorny case of ousted Secretary of State Charlie White, opting to decide who should be in control of the office.
The court denied an emergency request by the Indiana Democratic Party to appoint Democrat Vop Osili to the office, but set the matter for oral argument on Feb. 29 at 9 a.m.
A jury found White guilty of six felony counts early Saturday morning, and Gov. Mitch Daniels immediately appointed a temporary replacement.
But Democrats claim Osili – who lost the 2010 race to White – is entitled to the office under state law because the felony conviction proves White was never eligible to be on the ballot since he was illegally registered to vote.
The Indiana Democratic Party filed suit after the 2010 election to remove White from office.
The Indiana Recount Commission conducted a hearing in June and ruled unanimously in White's favor. The commission specifically believed testimony from White's ex-wife that he was staying with her because he didn't want to move into a new home with his fiancée until they were married.
But a Marion County judge disagreed, finding in December that White was ineligible to run for office and declaring Osili the winner of the office. That decision has been delayed during the pending appeal process.
The criminal jury also believed White was fraudulently registered to vote. Following the felony conviction, Democrats filed a motion to lift the stay.
Attorneys in the case had asked the Indiana Supreme Court to intervene, but the court didn't act on that request until Tuesday.
After White's criminal conviction, Daniels quickly named current Secretary of State Deputy Jerry Bonnet as a temporary replacement. But the governor said if the sentencing judge chooses to reduce the felony convictions to misdemeanors White could still remain in office.
White's sentencing on the criminal case is scheduled for Feb. 23.
Democrats contend the civil case started first and had a ruling first so should trump any replacement Daniels would make through the criminal conviction process.
