For immediate release: Feb 15, 2012
Posted by: [Attorney General]
Contact: Bryan Corbin
Phone: 317.233.3970

Recount Commission files brief in Indiana Supreme Court in ballot eligibility case

Attorney General: State commission's decision should be allowed to stand

INDIANAPOLIS - The Indiana Attorney General's Office on Tuesday filed its brief in the Indiana Supreme Court in the appeal of a Secretary of State candidate's ballot eligibility.

The Attorney General's Office, representing the Indiana Recount Commission, contends the commission's ruling on ballot eligibility should be reinstated and allowed to take effect. The Marion County Circuit Court on December 22 had reversed the Recount Commission and declared candidate Charlie White was ineligible for the 2010 ballot, but the commission has appealed to the Indiana Supreme Court, which will hear arguments in the case February 29. While the appeal is pending, the Marion County court's order is not being enforced.

"At issue is the authority of Indiana's bipartisan Recount Commission that rendered its unanimous decision on a candidate's ballot eligibility based on the law and the facts and evidence. As the lawyer for state governmental entities, my office defends the decision of the Recount Commission. The county court's decision would establish a harmful precedent regarding the proper authority to review questions of candidate eligibility. To draw this complicated, protracted dispute to a close, it's appropriate that the Indiana Supreme Court will hear the appeal in an expedited manner," Indiana Attorney General Greg Zoeller said.

The Attorney General's Office represents the Recount Commission only and does not represent candidate White. In a separate criminal case, a jury on February 4 found White guilty of six felonies and White had to vacate his elected position as Secretary of State. In its appellant brief filed Tuesday in the Indiana Supreme Court, the AG's Office argues the Recount Commission's earlier decision upholding the will of the voters is the correct means of resolving the election contest. White's subsequent convictions in the separate criminal case do not undermine the validity of the Recount Commission's decision.

NOTE: The Indiana Recount Commission's appellant brief, filed by the Attorney General's Office on Tuesday in the Indiana Supreme Court in the lawsuit IDP v. White, is at this link.


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