INDIANAPOLIS (WISH) — The Indiana Supreme Court Thursday rejected a determination by the Indiana Recount Commission and declared Incumbent State Sen. Spencer Deery the winner of his primary.
The primary pitted Deery against challenger Paula Copenhaver, Lt. Gov. Micah Beckwith’s director of government affairs.
The ruling cited a section of Indiana code as reason for the court’s decision.
“Indiana Cod section 3-1-12-1-12 makes a qualifying ballot legally countable despite a defect caused by an election officer,” the ruling said.
The ruling further ordered the commission to recertify is results to the Indiana Election Commission to declare that incumbent Sen. Spencer Deery received 6.335 votes and Copenhaver received 6.332 votes in the primary.
The order said it immediately vacates the stay issued on Sept. 3 and that election preparations for District 23 “shall resume using Spencer R. Deery’s name on the ballot as the Republican candidate for Senate District 23.”
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