Attorneys for embattled Secretary of State Charlie White filed an appeal of Marion Co. Circuit Court Judge Lou Rosenberg's recent order requiring the Recount Commission to hear a petition filed by the Indiana Democratic Party challenging White's right to hold the office because of allegations he committed voter fraud by voting in a precinct in which he did not reside. Jim Bopp, White's attorney, contends the Recount Commission does not have the power to decide an issue that is already before a Hamilton Co.court which will decide White's fate based on a 7-count criminal indictment against him.
Democrats are upset that Republicans have not filled a vacancy on the Recount Commission that was created when White recused himself from participating in the case. White's replacement on the Commission will be filled by Indiana GOP Chairman Eric Holcomb, who is presumably holding off on making an appointment until he learns whether the Court of Appeals hearing the appeal of Judge Rosenberg's order will grant a stay. A proposal making its way through the legislature would deny Democrat Vop Osili the right to assume the office as the second-highest vote getter in the event the Recount Commission hears the petition and decides to disqualify White.
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