Judge refuses to dismiss voter fraud charges against White

A judge on Monday denied Indiana Secretary of State Charlie White's bid to avoid a trial on voter fraud and other criminal charges that could lead to his removal from office.

Hamilton Superior Court Judge Steven Nation rejected the Republican officeholder's motion to dismiss the seven felony counts and ruled that his trial will begin Jan. 30.

Nation's ruling said an Indiana Recount Commission decision upholding White's 2010 election had no bearing on the court case and there was no legal authority limiting a prosecution of White, who is Indiana's top election official.

"The court cannot find any legal authority that the commission has exclusive authority over any issues that are now under consideration in the cause," Nation wrote in an eight-page ruling.

White's attorney, Carl Brizzi, said in a telephone interview shortly after Nation issued his order that, "We are disappointed but respect the court's ruling."

"Ultimately, the only thing that may thwart the prosecution, which begin as a political dispute, may be a Hamilton County jury of 12," Brizzi said.

White won election despite accusations that he lied about where he lived in the 2010 primary so he could continue collecting his salary from the Fishers Town Council. The Recount Commission ruled unanimously in June that White was eligible to run for office last year.

A Marion County judge is expected to rule soon on a civil lawsuit by Democrats that seeks to have White declared ineligible for office because he allegedly committed voter fraud.