Ind. Supreme Court judge to decide Charlie White's successor

Oral arguments are underway in the case of former Secretary of State Charlie White against the Indiana Democratic Party.

Democrats want the Indiana Supreme Court to decide whether or not White was an eligible candidate for the office.

The Indiana Recount Commission rejected the challenge, but a Marion County court reversed that decision.

White was convicted earlier this month of felony voter fraud and sentenced to home detention. A jury determined he broke the law when he voted in a precinct where he was not living. However, White argued he gave his ex-wife's address as his home address because his son was living there and White was not yet married to his fiancée.

Now, the Indiana Supreme Court will decide if White was eligible to run for office. 

Democrats want White to be ruled ineligible, so Democrat runner-up Vop Osili can take over as secretary of state.

At the hearing Wednesday, the State Election Commission argued voters intended to elect GOP and not the Democratic Party into office. 

Indiana Supreme Court Justice Frank Sullivan argued, according to the law, that White needed to be registered in Indiana and not a specific Fishers address. 

The judge left the courtroom at approximately 10:09 a.m. to determine if the court had power to overturn the election results and put Vop Osili in office.