Indiana Secretary of State Charlie White, a Republican, had claimed the Bayhs' voting in the May, 2011, Indiana primary was improper because they have residences in both Washington, D.C., and Marion County, the Indianapolis Star reported Thursday.
The Marion County prosecutor's office declined the request to appoint a special prosecutor to investigate.
"The mere fact that a person maintains a residence in a state other than Indiana -- even if the out-of-state property is more valuable than the Indiana property -- is insufficient to conclude that the person has committed fraud by voting in Indiana," Prosecutor Terry Curry, a Democrat, said in a statement.
White said he made the request to the prosecutor's office as a private citizen, not in his capacity as secretary of state.
However, he included Indiana voter registration records and property tax statements with his complaint, and Curry said White might have violated election law by using his official position to access confidential voter information, the Star reported.
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