[EL] Breaking: Indiana SOS Removed from Office; More News

[Even, Jeff (ATG)]

I'm curious about the statement that if the decision stands, the
second-place candidate would take office.  We addressed that question in
a formal Opinion of the Attorney General several years ago, which is
available online
<http://www.atg.wa.gov/AGOOpinions/opinion.aspx?section=archive&id=9224>
.  As we discussed there, the majority rule at common law is that the
death or disqualification of a candidate does not render the votes cast
for that candidate invalid, and does not make the losing candidate the
winner of the election.  Rather, the result is a vacancy in office which
is then filled by whatever procedures are set forth for filling
vacancies.  So does Indiana perhaps have a contrary statute, or follow a
minority common law rule?

 

 

From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick
Hasen
Sent: Thursday, December 22, 2011 5:48 PM
To: law-election at UCI.EDU
Subject: Re: [EL] Breaking: Indiana SOS Removed from Office; More News

 

Stay and appeal are coming:


Breaking (and Major) News: Indiana Secretary of State White Removed from
Office by Trial Court <http://electionlawblog.org/?p=26942>  


Posted on December 22, 2011 1:17 pm
<http://electionlawblog.org/?p=26942>  by Rick Hasen
<http://electionlawblog.org/?author=3>  

The ruling is here
<http://electionlawblog.org/wp-content/uploads/WhiteRuling_2011_12_22.pd
f> .  If there is no (successful) appeal, the second place finisher,
Democrat Vop Osili, becomes Indiana's Secretary of State.

UPDATE:  Emergency relief
<http://www.courierpress.com/news/2011/dec/22/white-found-ineligible-ser
ve-secretary-state/?preventMobileRedirect=1>  sought:

	The commission is seeking an emergency stay of the ruling, said
A.J. Feeney-Ruiz, a spokesman for the secretary of state's office, of
which the commission is a part.

	The panel will seek to do so through Indiana Attorney General
Greg Zoeller's office, he said.

	Zoeller's office said it has not yet discussed the matter with
the Indiana Recount Commission.

	"We've not met with them yet. I'm sure we'll be meeting with
them soon to see how they want to proceed. We do not represent Charlie
White the candidate," said Bryan Corbin, a spokesman for the attorney
general's office.

	If that request for a stay is granted, it would mean that White
will remain in office as the legal case plays out.

 
<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org
%2F%3Fp%3D26942&title=Breaking%20%28and%20Major%29%20News%3A%20Indiana%2
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0Court&description=> 

Posted in SOS White <http://electionlawblog.org/?cat=13>  | Comments Off

On 12/22/2011 1:18 PM, Rick Hasen wrote: 

 

 

-- 
Rick Hasen
Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org

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