Friday, December 23, 2011

Judge Rosenberg Stays His Order Removing White From Office

Judge Louis Rosenberg, the Democratic judge who is seeking to overturn a unanimous decision of the Indiana Recount Commission in order to install a fellow Democrat, Vop Osili, who received only 38% of the vote, has agreed to stay an order he issued on the eve of the Christmas holiday knowing full well that many people had already started their holiday weekend for a week. An attorney for White, Jon Sturgill, said he will seek a delay of that hearing because the new hearing date has been scheduled on the eve of the New Year's holiday weekend. The Attorney General has already stated his intention to appeal the unprecedented ruling of an Indiana trial court judge.

Rosenberg's order signed on Wednesday but not released until late yesterday afternoon declared Secretary of State Charlie White ineligible to hold office based on a specious claim that he was not "legally" registered to vote in the Hamilton County precinct of his ex-wife's home where the two lived prior to their divorce. In a novel ruling that rejects decades of precedence established by Indiana court decisions for determining a voter's residence, Rosenberg ordered White removed from office and replaced by the losing Democratic candidate for that office.

UPDATE: I just learned the hearing has been continued until January 3, 2012. A question that has arisen is whether the Recount Commission that decided the case remains constituted to carry out the judge's order or to request the appeal the Attorney General has indicated that he plans to take. Perhaps that question will be sorted out in advance of January 3.

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