Bayh denies accusation of voter fraud

Former Indiana senator Evan Bayh called accusations that he committed voter fraud by voting in the 2011 Indianapolis municipal primary “baseless” in an emailed statement to the Indianapolis Star.

Bayh and his wife, Susan, were accused by Indiana Secretary of State Charlie White, who faces criminal charges of felony voter fraud in Hamilton County courts.

White, a Republican, voted in a district where his ex-wife lived but he no longer resided.

White continued to collect paychecks for his job on the Fishers Town Council while he lived outside of the district he represented. He is facing seven counts of felony charges in a court case set to begin Jan. 30.

White said in a statement that he filed the criminal complaint against the Bayhs to show he was being selectively prosecuted for political reasons.

Bayh denied that claim, saying “his situation is factually and legally different than mine.”

The Bayhs own property in Indianapolis but spend most of their time at their home in Washington, D.C. They both have Indiana driver’s licences and claim a homestead deduction on their property in Indianapolis, a claim that is allowed only on a primary residence.

Indiana residency laws for political candidates are somewhat vague. The law states that a residency may be established by “origin or birth, intent and conduct taken to implement the intent or operation of law.”

After the Indiana Democratic Party tried to have White removed from office for the allegations of voter fraud, he was able to use the vagueness of the law to convince an elections board that he did intend to live in his ex-wife’s home, despite being in the process of purchasing a new property with his girlfriend.

The Bayhs have a residence in Washington, D.C., because Bayh served as a senator and had to live there to work.

Their children are still enrolled in school in the nation’s capitol and the Bayhs have said they intend to return to Indiana once their children graduate.

— Zach Ammerman