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The Indiana Supreme Court rightly bypassed the normal – and lengthy – appeals process to determine whether a Marion County judge’s Dec. 22 decision correctly ruled Charlie White was not legally qualified to appear on the 2010 ballot for secretary of state.
editorials

The courts and White

With complex legal issues surrounding the question who will replace Charlie White as Indiana secretary of state, the Indiana Supreme Court rightly stepped into the case late Tuesday afternoon.

At issue is the appeal of a Dec. 22 Marion County court ruling that White was not a legitimate candidate in the 2010 election. That court ruled the law requires Democratic runner-up Vop Osili be declared the winner. But that order was placed on hold, pending appeal.

The normal appeals process could take months or even years before the state Supreme Court issues a ruling. Hoosiers can’t wait that long to figure out who names a new secretary of state. So the high court had compelling and legitimate reasons to speed up the appeals process by taking the case directly from the Court of Appeals.

“What the public needs now is an objective and unambiguous ruling from the Indiana Supreme Court to bring certainty, clarity and finality to this situation, 15 months after the election,” Zoeller said Monday. And the court agreed to take the case Tuesday.

The underlying issue is who decides White’s successor.

In the civil case, which the Marion County court decided in December, a judge ruled that the Indiana Recount Commission was wrong to declare White was a legitimate candidate, and that state law (since changed) clearly required runner-up Osili to take office. Seeing a court overturn the recount commission is unusual in Indiana, but it is a common and accepted practice for a party to go to court to challenge the final ruling of a government administrative agency.

White’s felony conviction last weekend made the need to resolve the issue even more pressing. Because a convicted felon cannot hold state office, Gov. Mitch Daniels quickly appointed a temporary successor.

Bottom line: If White is out because the civil court ruled he was not a legitimate candidate, the Democrat Osili takes office. If White is out because of his criminal conviction, Daniels appoints a Republican.

Because the Dec. 22 judicial decision declaring White was not a valid candidate came first, a good argument can be made that Osili gets the office – if that decision is upheld. Hoosiers should not have to wait another year or longer for that decision to be ultimately upheld or rejected.

Had the Indiana Supreme Court delayed its decision on taking the case directly, or rejected the request, the court would have in many ways made the de facto decision that Daniels gets to make the appointment. Had the appeal dragged on for months, Hoosiers faced the possibility of four secretaries of state within the four-year term: White; then Jerry Bonnet, Daniels’ interim appointee; then Daniels’ permanent appointment; then, if the original decision is upheld, Osili.

The Supreme Court rightly established an expedited schedule for the two sides to file briefs and scheduled oral arguments for Feb. 29, six days after White is sentenced on the criminal charges. The justices will likely issue a ruling within a matter of days after the hearing.

With so much confusion surrounding the case, the state Supreme Court was right to make it a top priority.