The Charlie White case is being appealed directly to the Indiana Supreme Court.
In a rare move, the Indiana attorney general is asking the high-court justices to determine if White was eligible to become Indiana Secretary of State.
Greg Zoeller is backing the Indiana Recount Commission, which ruled back in June that White could stay in office. That decision was overturned by a Marion County judge, who ruled White was ineligible to hold office because he improperly registered to vote while he was running for office.
It's not yet known if the state Supreme Court will hear the recount commission's appeal.
White goes to trial on voter fraud charges later this month.
