Indiana News

Indiana Supreme Court restores Spencer Deery as winner of Senate District 23 primary

(Photo supplied / Mykal McEldowney/IndyStar)

INDIANAPOLIS — State Sen. Spencer Deery has won the Republican primary in Indiana Senate District 23 following a months-long recount dispute, according to the Indianapolis Star.

The Indiana Supreme Court ruled Thursday that Deery’s name should appear on the November general election ballot. The ruling came after the court heard arguments from Deery and Republican challenger Paula Copenhaver.

The race originally ended with Deery ahead of Copenhaver by three votes in the May primary. Copenhaver requested a recount, and the Indiana Recount Commission later rejected several ballots because of clerical issues. That changed the result and gave Copenhaver a three-vote victory.

Deery challenged the recount decision in court. The Indiana Supreme Court agreed to hear the case and placed the Senate District 23 portion of the November ballot on hold while it considered the dispute.

According to the Indianapolis Star, the Supreme Court cited an Indiana law stating that a ballot can still be counted when an election official’s error is responsible for a problem with the ballot, provided there is no evidence of fraud, tampering or misconduct affecting the ballot’s integrity.

The court’s Thursday order will vacate the Recount Commission’s decision to reject the disputed ballots. The justices said a full written opinion explaining their reasoning will be released later, according to the Indianapolis Star.

Copenhaver was among Republican candidates who challenged incumbent state senators following a dispute over efforts to redraw Indiana’s congressional districts.

Deery is expected to face Democrat David Sanders and independent Joshua Brant in the November general election.

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