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Sending Out an SOS

Although it looks like Republican Secretary of State candidate Charlie White will coast to victory on Tuesday, despite allegations of voter fraud and campaign irregularities, some questions have arisen what would happen should White be charged with voter fraud and convicted.

If White is convicted while in Office he would automatically have to give up his position.  If charged, he could still serve.  And under Indiana law, Governor Mitch Daniels would pick his replacement.  The relevant statute is below.

IC 3-13-4-3

(a) This section applies to a vacancy that occurs in a state office other than governor, lieutenant governor, or a judicial office.
(b) If a state officer wants to resign from office, the state officer must resign as provided in IC 5-8-3.5.
(c) A vacancy that occurs in a state office because of the death of the state officer may be certified to the governor under IC 5-8-6.
(d) A vacancy that occurs in a state office other than by resignation or death shall be certified to the governor by the circuit court clerk of the county in which the officer resided.
(e) The governor shall fill a vacancy in a state office by appointment. The governor may not fill a vacancy as provided by law until the governor receives notice of the death under IC 5-8-6.
(f) The person who is appointed by the governor holds office for the remainder of the unexpired term and until a successor is elected and qualified.
 As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.430; P.L.119-2005, SEC.1.

The same rule would apply if White is forced to step down prior to being sworn in January.    The Governor would pick someone to fill White’s full term.   I frankly think if there is a indictment handed down, White will resign.

Names that have surfaced as his likely replacements include former State Representative Luke Messer,  Valparasio Mayor Jon Costas, and former DNR Commissioner Kyle Hupfer if he’s unsuccessful in his race for the Statehouse out of Madison County.

Posted: 10|30|10 at 6:46 am by Abdul Hakim-Shabazz
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  • pascal

    I don’t doubt that you have quoted the law but it does seem to be a wrongheaded law. In a weak governor State where the people are given an opportunity to shape government the fair process would be to appoint the runner up, failing acceptance, the libertarian. No one else lifted even a little finger to take on this task.
    Fact is, we need quality people in govenment and we need to excrete those who are not of sufficient quality. Let that process begin anew with the R candidate for Sec of State.

  • Wurstnightmare

    Pascal, as usual you are making incredable assumptions. You assume that Osili wil not win. Just like you assume that Jason Fishburns daddy will.

    You have some great moral folks around your camp there buddy.You should be proud to call Plowman,Brizzi,White and now Fishburn your choice for our government.

    While your national wave will have an effect,so will the criminal activity of your candidates.Hoosiers are not stupid

  • Nobody

    I voted for Vop Osili already (yeah, I voted early). I can’t fathom voting for a guy for Secretary of State who’s oblivious of the laws he’s supposed to enforce. And, electing White anyway so Daniels can appoint his successor after his conviction is just stupid. But, then again, nobody ever accused Hoosiers of intelligent behavior!

  • Ramon

    Justin Fishburn is Fishburn’s son also. When you inject your children into a campaign then you inject all of them. Just not the ones you want to use for your political gain.

    Daniels and the GOP know that White will not serve but Daniels like the power to appoint someone. Don’t count Osili out. I have heard so many repubs say that they will not/have not voted for White.

  • Anonymous

    White will come through this just fine. IF something comes from it I’m confident Mitch will appoint a qualified replacement.

  • pascal

    You are a dolt but not a world class dolt. Read better. Abdul is saying White will win anyway. I’m saying to excrete the POS. What kind of liquor are you drinking to read into anything I’ve written anything about anyone named Fishburn?
    You name four guys who you claim are criminals? Like I asked, I might be able to afford the stuff you are drinking-do let us know. And, beware of libel-as far as I know none of those guys has been convicted of anything…not even jaywalking.

  • pascal

    Like Osili? That is, if he does not win outright? My view is one of three people running should be appointed. (Have to make things clear to the groundlings).

  • Interested Observer

    Would like Jon Costas or Luke Messer as replacements

  • Think Again

    Well, Mitch won’t do that, but your view is refreshing and surprising, Pascal.

    White clearly violated election law. If not, he’s criminally stupid and doesn’t deserve to serve.

  • Think Again

    So, Luke might finally et an elective office, even if he wasn’t elected himself?

    Persistence pays off I guess.

  • Wurstnitmare

    Maybe he will name a fat wanna be in a Chicken outfit and a really bad mustash.

  • Wurstnitmare

    Maybe he will name a fat wanna be in a Chicken outfit and a really bad mustash.

  • Think Again

    I’m a dad, too. I tend to let the kid-thing go by the wayside. You can’t control what adult children do or don’t do. I thought Fishburn’s comment about his son was spot-on. ‘Love him, but he’s got to pay.’ Parents all over the city know that position, and pray they’re never in it.

    That said, he’s wrapped himself pretty firmly in his other son’s coattails. I completely understand those who say what Ramon says above.

    It’s pointless. Fishburn isn’t going to come close anyway.

    And just when in the hell is the City County Council going to grow set and decrease the sheriff’s budget? Why are they allowing these super-charged cars to be bought. The sheriff needs vans to transport prisoners, and a few regular cars to serve warrants. Period.

    I thought that GOP control of the Council would’ve done this by now. Evidently the sheriff has mystical powers beyond the statutes, and he instills fear in folks.

  • http://twitter.com/IndyStudent Matthew Stone

    “And just when in the hell is the City County Council going to grow set and decrease the sheriff’s budget? Why are they allowing these super-charged cars to be bought. The sheriff needs vans to transport prisoners, and a few regular cars to serve warrants. Period.”Probably because any cut in the Sheriff’s or IMPD’s budget lets out the crys of “YOU’RE CUTTING PUBLIC SAFETY? BUT WHO WILL PROTEC US??!?!?!?!?!?” And the Republican council has been pretty spineless for about a year or so now.Ideally, we’d have a Sheriff running the department who is also responsible with money and reasonable with requests. That person is not Layton.