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FILE - Indiana Supreme Court (Photo: WISH/Ron Nakasone)

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High court to hear Dems' White case

Updated: Tuesday, 07 Feb 2012, 7:49 PM EST
Published : Tuesday, 07 Feb 2012, 5:37 PM EST

INDIANAPOLIS (WISH) - The state Supreme Court has agreed to hear arguments that ousted Secretary of State Charlie White 's replacement should be his Democratic challenger Vop Osili - not an appointee named by Gov. Mitch Daniels.

The hearing is set for Feb. 29 - six days after White's sentencing on several felony charges of which a jury found him guilty Saturday . The Supreme Court review is the result of an appeal of a Marion County judge's r uling in December that White was ineligible to hold office and should be replaced by the runner-up in the race in which he illegally ran - Democrat Vop Osili.

That has been the Democratic Party's contention all along, but the Indiana Recount Commission had deemed that argument invalid . The Dems appealed that decision , which led to the December ruling. White was allowed to stay in office during the appeals process, though once the guilty verdict came in, he was automatically ousted.

Shortly after White was found guilty, Gov. Mitch Daniels, a Republican, named chief deputy Jerry Bonnet as interim secretary of state during a busy time for the office, with filing deadlines for would-be candidates for the May primary coming this week.

The Supreme Court also denied without comment a request that lawyers for the state Democratic Party made Monday to the state appeals court that it enforce a Marion County judge's December decision in a civil case ordering the state recount commission to declare Osili as the election winner. Instead, it will hear new arguments.

The Associated Press contributed to this report.

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