INDIANAPOLIS – Today the Marion County Circuit Court decided to stay its December 22 ruling reversing the Indiana Recount Commission while that ruling is appealed. The Court had reversed a unanimous Recount Commission decision on a candidate’s 2010 ballot eligibility and the Commission is appealing that reversal. The Indiana Attorney General’s Office represented the Recount Commission in the litigation and will represent it during the appeal. Attorney General Greg Zoeller today issued this statement:
“As state government’s lawyer, my office’s obligation is to defend the decisions of state boards and commissions. If the Recount Commission found a candidate eligible for the ballot, we would defend the decision; and if they found a candidate was not eligible, we would defend that decision also. Regardless of the candidate, the commission’s administrative authority to act is a legal principle that the State must defend. My office in a careful methodical way is drafting an appeal with the objective of bringing this convoluted case to the Indiana Supreme Court,†Zoeller said.
The Indiana Attorney General’s Office represents the Recount Commission only and does not represent candidate Charlie White. The Attorney General has the separate legal authority to seek an appeal on behalf of the Recount Commission’s previous decision without the commission reconvening. An appeal of the December 22 court order will be filed soon.
