TO: The Honorable Terry Curry, Marion County ProsecutorFROM: Charles P. WhiteRE: Criminal Complaint against Birch Evans Bayh III (a.k.a. Evan Bayh) and Susan B. Bayh for voter fraud, homestead fraud and request for appointment of two independent prosecutors to investigate said alleged offenses and take appropriate action.DATE: October 11, 2011ATTACHED: Evan and Susan Bayh’s Voter Registration and Voter Records; Evan and Susan Bayh’s Property Tax Records for Properties in Washington, DC and Indianapolis, announcements regarding Evan Bayh’s new jobs as partner at McGuireWoods Law Firm in Washington, D.C., Fox News Contributor job and Senior Advisor position for Apollo Worldwide Asset Management in New York City and Board of Directors positions with Fifth Third Bank in Cincinnati and Marathon Petroleum Company.Comes now the Complainant, Charles P. White and files his Complaint against Birch EvansBayh III (hereinafter referred to as Evan Bayh) and Susan B. Bayh for Voter Fraud andHomestead Fraud and in support thereof, respectfully states the following: 1. That on multiple occasions throughout his life, Evan Bayh has consistently voted wherever he likes regardless of where he lives and/or resides because “he is Evan Bayh.” That the complainant believes that Evan and Susan Bayh have been granted privileges, rights, immunities and flexibility that are not being afforded to the complainant, his family nor to any Indiana citizens unless they are otherwise wealthy or politically powerful. After Evan Bayh emerged out of his historic pre-election candidacy contest one would think he would have learned his lesson or his wife who is also an attorney might say something but perhaps there is no need for them to ever worry. 2. That while the complainant finds it personally distasteful to include Susan Bayh, no mercy has been afforded to the Complainant’s wife by Dan Parker, the local media nor the Indiana Democratic Party, which by all accounts, is still led in all but name by Evan Bayh. Complainant’s wife should also have the same rights, privileges and immunities as Susan Bayh but in practice she does not. 3. That Evan Bayh ceased to be a United States Senator on or about December 31, 2010. When Evan Bayh ceased to be outside the State of Indiana on State or Federal business on behalf of the State of Indiana, but instead because of his news jobs in Washington, DC, New York City and Cincinnati, he and Susan Bayh ceased to have the protection under the Indiana Code to continue to vote in Indiana but they nevertheless voted in the Indianapolis Municipal Democratic Primary in 2011 by absentee ballot. That if the Complainant did the same as the Bayh’s, the Indiana Democratic Party, Dan Parker and certain members of the local media would not hesitate to demand a Prosecutor to vigorously prosecute and attempt to humiliate members of the complainants family for partisan political gain and entertainment. 4. That Evan and Susan Bayh reside at 5170 Tilden Street NW, Washington, DC. A home owned by Susan B. Bayh with an assessed value of $2.23 million. Source: https://www.taxpayerservicecenter.com/RP_Detail.jsp?ssl=1470%20%20%20%200015
5. Complainant is not yet sure if Evan and Susan Bayh own additional homes in Delaware and/or New York.6. That Evan and Susan Bayh own a condominium at 1142 Canterbury Square S, Indianapolis, Indiana worth $58,200. That Evan and Susan Bayh claim a homestead at said property even though the entire body politic of Indianapolis, including many in the local media, know they do not live there. Complainant requests that the Prosecutors make a legal determination whether Evan and Susan Bayh may claim a homestead deduction where they do not primarily reside. That Complainant assumes Evan and Susan Bayh should be claiming their homestead deduction where they reside in Washington DC, not a place where they do not use as their principal residence.7. That the Indiana Democratic Party, led in all but name by Evan Bayh, have postured ridiculous “motives” to the Complainant in his civil case in the Marion Circuit Court. That the Complainant, therefore, claims that the only “motive” for Evan and Susan Bayh to own, claim a homestead and vote from a property they do not use as a primary residence is because Evan Bayh wishes to maintain an appearance that he has “residency” in Indiana continuously for any given five year period to give him the option of running for Governor if he chose to at some future point. That before Evan Bayh landed five new “jobs”, there was much speculation in 2010 that he was considering a run for Governor in 2012.8. That since much has been made that a former family law attorney and natural resources attorney as well as a mere candidate for Secretary of State should be an expert in all election law and the entire Indiana Code, Complainant assumes all will agree that attorneys Susan and Evan Bayh should have known that since Mr. Bayh no longer serves Indiana in the United States Senate, it was a potential violation of Indiana Statute for him to vote at a place he does not reside in Indianapolis, Indiana when he resides in Washington, D.C. When Daniel Coats moved to the Washington D.C. area for his new job after deciding not to run again for the US Senate in 1998, he properly registered to vote in Virginia upon securing a new home. When he returned to Indiana to run for the U.S. Senate, he registered to vote in Indiana in 2010. Evan Bayh is an attorney, a former aide for his father’s presidential campaign, a former Secretary of State, a former Governor, a former United States Senator and is married to an attorney and so Evan and Susan Bayh should know better regardless of how busy he is with his five “jobs”. The Democrats and many in the local media have also stated being overwhelmed with work and family responsibilities is no excuse either.9. That Evan Bayh now works as a partner in a Washington, DC Law firm at McGuireWoods, LLP, a senior policy adviser for a New York-based private equity firm Apollo Worldwide Asset Management, a member of the Board of Directors of Marathon Petroleum Company and a member of the Board of Directors of Fifth Third Bank as well as a Fox News Channel contributor (NYC). Complainant presumes that he is not performing work for his five jobs from his “homestead” in Indianapolis and that he is going to work somewhere everyday in either Washington, D.C. or New York City.10. That according to Marion County tax records, the condominium located at 1142 Canterbury Square is valued at $58,200. Because the Bayh’s claim the condo as their principal residence and receive a homestead exemption on it, their annual property tax bill this year is $274.22.
11. That the Complainant requests that the Prosecutor’s Office or appointed Special Prosecutors obtain the same records of Evan and Susan Bayh that have been obtained from the Complainant including utility bills connected to 1142 Canterbury Square S, Indianapolis as well as his cell phone records for the past ten months.12. That the Complainant also requests that the Prosecutor’s Office or appointed Special Prosecutors obtain records of air travel expenditures to see how often Evan and Susan Bayh have returned to Indianapolis, Indiana in 2011 to presumably return to their claimed “homestead”.13. Under IC 3-5-5-11, the place where a persons immediate family resides is the persons residence, unless the familys residence is (1) a temporary location for the persons immediate family; or (2) for transient purposes. The home in Washington, D.C. assessed at $2.23 Million is where Evan Bayh’s immediate family, namely his wife Susan Bayh, resides. It is not reasonable that this is a transient home. I believe they have owned and have lived in this home for years. With Evan Bayh’s current employment and the money Susan accumulated serving on several corporate boards while Evan Bayh served in the U.S. Senate, it is not believable that their “homestead” is a condominium assessed at $58,200 in Indianapolis, Indiana.14. Under IC 3-5-5-12, if a persons immediate family resides in one place; and the person does business in another place; the residence of the immediate family is the persons residence. If Evan Bayh is working in New York City, Washington DC and presumably in Cincinnati when he performs “work” for Fifth Third Bank, his residence is where Susan Bayh lives in Washington, DC.15. Under IC 3-5-5-9, if a person moves to another state with the intention of remaining in the other state for an indefinite time as a place of residence, the person loses residency in Indiana, even if the person intends to return at some time. Evan Bayh being allowed to claim a homestead and vote in Indiana because he might have an intention of physically returning to Indiana someday to become Governor again when he has made enough money on the east coast should not be tolerated if the Complainant cannot be protected under our laws within the Town of Fishers. In addition, if Evan Bayh wishes to run for President or Vice-President of the United States again one day he does not want to appear as if he is from Washington, DC. Just because Evan Bayh bought a very inexpensive condominium and tried to reinforce the fiction that it was his home by improperly claiming it as his homestead for property tax purposes does not mean that is his primary residence.16. When Republicans threatened to file criminal charges against Evan Bayh for voting in Vigo County on or about 1984 while he lived in his father’s condominium in Marion County when he occasionally visited Indiana from his home in Virginia/Washington D.C. area, surrogates for Evan Bayh then threatened to file criminal charges against Governor Robert Orr for living at the Governor’s Residence in Marion County while he continued to vote from Vanderburgh County.17. That the complainant hopes that there will be a substantive response from the Bayh’s or his surrogates to this other than tired clichés such as “sour grapes” or passing this off as a “smokescreen” or a “diversion”. Evan and Susan Bayh need to not distract from these questions posed and answer them without delay.18. Regrettably, Democratic State Chairman Dan Parker’s own definition of “voter fraud”, Evan and Susan Bayh and many of his own friends and supporters should be prosecuted
for their own votes in 2008, 2010 and 2011. If Democrat operatives did not have Governor Orr to threaten with voter fraud in 1987, Evan Bayh could have easily faced a criminal charge or indictment for voter fraud for voting in the wrong county concurrently with his civil trial in Shelbyville during his pre-election candidacy contest.19. Not only did Evan Bayh have voting and residency issues within the statute of limitations as he began his campaign for Secretary of State in 1986 by voting in the wrong county, Evan and Susan Bayh were apparently “homeless” for a time in Indiana after he was elected to the United State Senate in 1998. On February 16, 2000, Evan and Susan Bayh registered and voted from Philip Lehmkuhler’s residence at 540 Rainbow Lane, Indianapolis in the Democratic Primary and General Election of 2000. Philip Lehmkuhler was formerly with the Indiana Department of Commerce and is now President Obama’s appointed USDA Director for Indiana. After Susan and Evan Bayh stopped “residing” with Mr. Lehmkuhler, they then both transferred their voter registration on 12/27/00 to Fred Glass’ residence at 4451 Washington Boulevard, Indianapolis. Fred Glass is widely known as a major figure in the Democratic Party and now serves as the Indiana University Athletic Director. While it was very generous for Mr. Lehmkuhler and Mr. Glass to allow Evan and Susan Bayh to register and “reside” with them when they returned from Washington, DC., it is curious to the complainant how Evan Bayh’s lieutenants in the Indiana Democratic Party and their attorneys state that Complainant cannot live with his own minor son when he was unmarried and in the middle of a statewide campaign for a far shorter period of time when compared to the Bayh’s “residing” with Philip Lehmkuhler and Fred Glass.20. That the Complainant believes that the Marion County Prosecutor has a conflict because he was elected as the Democrat Nominee for Marion County Prosecutor and because he and Evan Bayh share the same political party. This is not meant as a reflection on Prosecutor Curry, but Evan Bayh is the most beloved and powerful Democrat in modern Indiana history and the Complainant believes that in the interest of justice that two independent prosecutors should be chosen. Choosing prosecutors that are identified with the two major parties will only result in subtle “deals” to protect elected officials on both side from being prosecuted for voting and residency purposes.21. The lead attorney for the Indiana Democratic Party, Karen Celestino-Horseman has said that the Indiana Recount Commission should have relied more on circumstantial evidence in the form of documents and discounted the direct testimony of the Complainant and his family that brought the context and the intent behind the circumstantial evidence. Unfortunately, this argument would certainly not help Evan and Susan Bayh if you are to merely look at the circumstantial evidence that I have filed with you today and not at least hear from the Bayh’s themselves to provide further context to the attached documents. If I am not mistaken, when Evan Bayh was asked at his hearing for Declaratory Judgment in 1988 why he voted in the wrong county on or about 1984, I believe he said something like,” I thought that was what I was supposed to do.” Although I will take him at his word, his operatives would never accept this answer from the Complainant. If you merely looked at his documents he signed under oath during the years before he ran for Governor, he could have been facing multiple felony counts himself.22. That the Complainant requests that the Prosecutors and/or special prosecutors not send this to a grand jury. Grand Juries are essentially selected by the Prosecutors, there are no
rules, no judge and the outcome can be manipulated to let friends off or punish political adversaries. In addition, the public does not know what facts and law are presented to grand jurors. If the prosecutor or special prosecutors are to make a decision, Complainant respectfully requests that said Prosecutors make the decision and what alleged facts and law were considered and that they correspond to the Complainant in writing. Wherefore, the Complainant requests that the Marion County Prosecutor will: 1. Appoint two independent prosecutors to investigate and take appropriate action concerning Evan and Susan Bayh for alleged voter fraud and homestead fraud for the above actions taken in 2011; 2. In the alternatively, if the Prosecutor intends to not take action, to please notify the Complainant as to the Prosecutor’s decision in writing and please state the facts and statutes considered. Respectfully Submitted, Charles P. White ComplainantContact information:Charles P. White13086 Overview DriveFishers, IN email@example.com