republican party has stopped short of that. the state democratic party says he should go. >> when your top person says that i don't have to follow the laws, that just says to the people underneath saying well, i don't have to follow them either. >> the state's bipartisan recount position has backed white staying in office but a judge ordered him out saying the democrat he defeated in november of 2010 should be sworn in, a move that's been stayed pending appeal. white's lawyer says unlike other voter fraud cases, no one tried to steal an election. >> folks were trying to influence the outcome of elections, stuffing ballot boxes, intimidating voters, trying to disenfranchise people. that's obviously not the case here. we're talking about one vote. >> if convicted, white will be removed from office and this is not the only voter fraud case in this state. prosecutors in northern indiana in st. joseph county continue to investigate allegations that the petitions that put president obama and hillary clinton on the democratic primary ballot in 2008 were fake. reports say as many as seven