Comments on Advance Indiana™: Vop Osili Shouldn't Be Measuring The Drapes Just Yet

Paul, I disagree, the Recount Commission case was ...

2012-02-29T21:57:43.139-05:00

Paul, I disagree, the Recount Commission case was based on the argument that White was not eligible to run for the office because he was illegally registered to vote at his ex-wife's address, which served as the basis for five of White's six felony convictions. If the Supreme Court decides White was not illegally registered to vote, then those convictions must be overturned. Those indictments and jury instructions were fatally flawed, assuming the law heretofore as announced in numerous Indiana court decisions is reaffirmed by the Supreme Court.

Cato said: "4. The GOP will not lose major p...

2012-02-29T21:19:24.982-05:00

Cato said:

"4. The GOP will not lose major party status on the ballot, as would happen if Osili were installed as SoS."

The law was changed last year so this wouldn't happen.

I don't agree that the criminal convictions could have been used in the Election Commission case or that the EC judgment could have applied in the criminal case. Civil and criminal cases are distinctive with different burdens of proof, different rules on the admission of evidence, etc. The criminal case involved voter fraud/perjury and the Election Commission case involved eligibility to serve in office. Those are two separate things, even though many of the facts involved were shared between the two.

The election board reviewed the voting results and...

2012-02-29T17:46:24.099-05:00

The election board reviewed the voting results and certified White to be sworn into office, which he then was.

White didn't simply attain office due to the sheer number of votes vs his opponent, which by the way was considerable.

Gary, the Recount Commission's ruling was rude...

2012-02-29T17:45:45.615-05:00

Gary, the Recount Commission's ruling was rudely set aside by the Hamilton County jury.

White cannot both be a felon in running for that office and eligible to have run for that office. Given that the Recount Commission is inferior to a court of record, the ruling of the higher court supersedes the administrative agency.

If the jury would have convicted prior to the Recount Commission sitting, the RC would have simply cited the jury finding as dispositive and dismissed their proceeding as res judicata.

By law, Osili should be the next SoS. This being ...

2012-02-29T17:40:44.265-05:00

By law, Osili should be the next SoS.

This being Indiana, where the courts start from their desired outcome and manufacture the reasoning, look for the following:

1. Osili will not become SoS.

2. Mitch will have the ability to appoint a new SoS for almost an entire term.

3. There will not be a special election.

4. The GOP will not lose major party status on the ballot, as would happen if Osili were installed as SoS.

5. Mitch's hand-picked appointee will ensure that the IPALCO investigation stays good and buried in the SoS.

In Indiana, there is no law, only rulers.

This has nothing to do with what Mitch Daniels wan...

2012-02-29T16:52:36.462-05:00

This has nothing to do with what Mitch Daniels wants. This has everything to do with the rule of law. If the rule of law means anything, then this court will reverse Judge Rosenberg's ruling and affirm the decision of the Recount Commission upholding White's eligibility to hold office. It's not even a tough issue to decide. It's so elementary a second grader would understand it.

The SOS is who ever Mitch wants it to be. This dog...

2012-02-29T16:24:32.427-05:00

The SOS is who ever Mitch wants it to be. This dog and Pony show is nuts. Mitch, send the message down to the Justices and its over.

Do you really think that Vop was ever going to get in?

The Republicans wil never allow that to happen. Its not a better of right or wrong, its what Mitch wants.

Todays exercise was for the media only, this decision was made weeks ago

I think it's pretty clear what the succession ...

2012-02-29T15:38:32.144-05:00

I think it's pretty clear what the succession of events should be in order for the 2nd highest vote receiver to become the officeholder (vs. having the Governor appoint a replacement). It's all a question of timing of course.

The question that needs to be answered is "Was Charlie White ever the Secretary of State?" If the answer is NO (due to his being ineligible to hold office at all) then Osili is the SOS and Daniels has no right to appoint a replacement (unless Osili steps down/is removed in the future). If the answer is YES (he was eligible to hold office) then it was Daniels' right to appoint a replacement.

As it stands now (in light of the Marion County ruling), Osili is the rightful SOS (pending all appeals of course).