Marion County declines White's special prosecutor request - 13 WTHR Indianapolis

INDIANAPOLIS - The Marion County prosecutor has turned down Secretary of State Charlie White's request to appoint a special prosecutor to investigate allegations of voter fraud by Evan and Susan Bayh.

White claimed that the Bayhs were improperly registered to vote. The prosecutor says White didn't provide enough evidence to warrant an investigation.

"In essence, Mr. White alleges that Mr. and Mrs. Bayh have committed voter fraud by voting in the May, 2011, Indiana primary because they maintain residences in both Washington, D.C., and Marion County, Indiana. The mere fact that a person maintains a residence in a state other than Indiana - even if the out-of-state property is more valuable than the Indiana property - is insufficient to conclude that the person has committed fraud by voting in Indiana," the Marion County prosecutor's office said in a statement released Thursday.

The prosecutor's office says the documents White attached to prove his point actually seem to support the idea that the Bayhs do not intend to abandon Marion County as their residence.

The prosecutor's office says it's forwarding White's complaint to the Marion County Election Board "in an abundance of caution." If the board believes there has been a violation of election law, it will make an investigation.

Also, White could be in trouble over the way he obtained the Bayhs' records.

"It appears that Mr. White may have used his official position to access, gather, and disseminate otherwise confidential voter information attached to his complaint. The Election Board thus also has the ability to determine the proper usage of confidential voter information contained in Mr. White's complaint," the prosecutor's office said.

As for White's allegation that the Bayhs improperly claimed a homestead exemption for their Marion County property, the proseuctor's office says that's a civil matter that should be taken up with the auditor's office.

White himself is facing allegations that he was illegally registered to vote at his ex-wife's address when he declared his candidacy for the office. He faces theft and voter fraud felony charges in Hamilton County, and an Indianapolis judge will hear arguments on Nov. 23 on whether he should be allowed to remain in office. White's trial is scheduled for Jan. 30.

White claimed that the Bayhs engaged in similar conduct which resulted in pending criminal charges against White in Hamilton County. However, the Marion County prosecutor's office says it has no involvement in the Hamilton County matter, and the suggestion is not enough to justify the appointment of a special prosecutor.