White contends that the Bayhs principally reside at their $2.3 million home in Washington, D.C. while Evan travels to various cities to perform work on behalf of his five employers, none of which are located in Indianapolis. "He no longer serves in the U.S. Senate and no longer has legal immunity to vote here," White said. White accuses the Bayhs of a pattern of claiming places as their voting residence at which they never lived. He noted that the Bayhs twice voted using the residence of Philip Lehmkuhler as their home. Lehmkuhler served in the cabinet of Bayh when he was Indiana governor and now works as an Obama appointee at USDA as Indiana Director. During another period, the Bayhs cast votes while claiming the home of Fred Glass as their voting address. Glass, who is now Athletic Director for IU, once served as Bayh's Chief of Staff and later as a partner at Baker & Daniels, which has a Washington lobbying practice, where Bayh was paid $1 million for a short stint as a partner while he campaigned for the U.S. Senate after leaving the governor's office. The Bayhs later purchased a condominium at 1142 Canterbury Square on Indianapolis' north side, which they have claimed as their voting address and for which they receive a homestead exemption. By all accounts, the Bayhs have never lived at the 1142 Canterbury Square address off of 86th Street west of Meridian. The Bayhs typically stay in hotels during their visits to Indiana.
White believes Bayh is claiming a residence in Indiana despite the fact that he no longer lives here so that he may one day run for governor again if he so chooses. "Evan Bayh, while living in a $2.3 million home in Washington, D.C. and making millions along with Mrs. Bayh, do not primarily reside in the $58,200 condominium in Indianapolis and should not have claimed a homestead exemption nor should they have voted here in the Municipal Democratic Primary of 2011," White stated. White calls on Bayh to use his influence over the Indiana Democratic Party to get the party to drop its challenge to his election. The Party has appealed its case to the Marion Co. Circuit Court after the Recount Commission unanimously sided with White in ruling that he was a legally registered voter in Hamilton Co. The Democrats have claimed White was not legally registered to vote because he had voted at his ex-wife's home for a period after their divorce but prior to his marriage to his second wife and moving into a new condominium he purchased to live with his second wife. White claimed that his personal financial struggles forced him to live with his ex-wife for a short period prior to his second marriage.
Separately, a highly-partisan special prosecutor, Democrat Dan Sigler, obtained a multi-count indictment from a grand jury against White on specious grounds arising out of his living and voting arrangement during the period in question. White's criminal defense attorney, Carl Brizzi, has filed a motion to dismiss all of those charges. His motion includes several claims of prosecutorial misconduct by Sigler and his son, who he hired to assist him without the permission of the court, during the grand jury deliberations. Brizzi claims Sigler failed to properly instruct the jurors on the required elements to be proven to establish the crimes with which he asked them to charge White, and that he withheld pertinent evidence from the grand jurors that would have led them not to bring charges against him. White's criminal trial is scheduled for late January. Marion Co. Circuit Court Judge Louis Rosenberg has scheduled a hearing on the Democrats' appeal of the Recount Commission ruling in White's favor for November 23, two days before the Thanksgiving holiday.
UPDATE: Capital And Washington blog uses photographs of the homes in question to illustrate White's point about the Bayh voting residence question.
Do you think the Bayh's actual home is this run-down condominium development at Canterbury Square?