INDIANAPOLIS – The fight over the Indiana Secretary of State's office is getting uglier and more complicated.
After a jury found Charlie White guilty of six felony counts early Saturday morning, Gov. Mitch Daniels immediately appointed a temporary replacement.
Then White took to the air Sunday in a Fox News interview and took swipes at everyone – including accusing Daniels of voting illegally the last 10 elections.
On Monday, the Indiana Democratic Party filed a motion asking the Indiana Court of Appeals to trump Daniels' appointment and give the office instead to Democrat Vop Osili, who lost the 2010 race to White.
At issue is whether White was properly registered to vote in May 2010 when he used his ex-wife's address instead of a condo he had with his fiancée.
Prosecutors and Democrats contend White voted fraudulently so he wouldn't have to give up his $1,000-per-month Fishers Town Council salary after moving out of that district.
A criminal and a civil case have been moving on separate tracks, which has complicated the situation.
The civil case
Questions surrounding White's voter registration were uncovered by a Hamilton County Democrat in September 2010. White won the statewide race in November and a few weeks later the Democratic Party filed to remove him from office. It claimed he fraudulently registered to vote at the wrong address, making him ineligible to be nominated by the GOP and ineligible to serve now that he's been elected
Under Indiana law, if White was found to be ineligible, the second-highest vote getter – Osili – would take over the office.
The Indiana Recount Commission held 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 the 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 stayed while it is being appealed to the Indiana Court of Appeals. Attorneys in the case have also asked the Indiana Supreme Court to intervene, but the court has not acted on the request.
Karen Celestino-Horseman, attorney for the Democratic Party, filed a motion Monday that essentially says the criminal conviction proves the civil case, noting that a criminal conviction carries a higher burden of proof than a civil case.
"I think the people of Indiana deserve to have someone in that office that we can put our faith in," she said of Osili.
And she discounts the claim that the state law – which has since been altered for future cases – disenfranchises voters.
Celestino-Horseman noted that while White earned 300,000 more votes than Osili, Osili earned 600,000 more votes than anyone Daniels appoints.
The criminal case
But Republicans prefer to have Daniels pick a GOP replacement through the felony conviction process to maintain Republican hold on the office.
White was indicted in March 2011 – after the Democrats' civil case was started. At trial last week, White's attorney Carl Brizzi chose not to present a defense.
Tom Wheeler, who chaired the recount commission, said the panel he presided over didn't get the ruling wrong. Instead, he noted that the commission heard different testimony than the criminal jury.
For instance, the jury heard about cell phone records showing hundreds of calls originating from the new condo rather than the ex-wife's house.
And the recount commission heard from White himself and his ex-wife.
"The ex-wife was by far the most competent witness. I have no clue why they didn't put her on," he said of the trial defense.
Instead, the jury found White guilty of six of seven felony counts, including voter fraud, perjury and theft.
He is scheduled to be sentenced Feb. 23 at 1:30 p.m.
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.
Democrats contend the civil case started first and had a ruling first so should trump any replacement through the criminal conviction process.
National attention
Meanwhile, White continues to refuse to speak to local and state media.
But he did go on "Fox News Sunday" to level some serious accusations.
He previously accused Republican Sen. Richard Lugar and former Democrat Sen. Evan Bayh of voter fraud.
But now he says Daniels also is breaking the law by registering to vote at the governor's residence, but having a homestead and living in a pricey home in Hamilton County.
"He votes at the governor's mansion where everybody knows he does not live," White said.
The Indiana Constitution requires the governor to reside at the seat of government – i.e. Marion County, where the official governor's residence is. He has stayed at the residence occasionally but not regularly.
Jane Jankowski, spokeswoman for Daniels declined to comment.
White also said his convictions are a "total miscarriage of justice," and he will appeal.
Update: Indiana Supreme Court review sought
INDIANAPOLIS – The Indiana attorney general’s office says it will object to a legal move by Democrats to put their 2010 secretary of state candidate in office following Republican Secretary of State Charlie White’s conviction on voter fraud charges.
The agency said late Monday it would seek an expedited review from the state Supreme Court. – Associated Press
