Based in Lafayette, Indiana

Based in Lafayette, Indiana

Deery’s opening argument to Indiana Supreme Court over six rejected ballots, flipped election

In a filing Friday, state Sen. Spencer Deery lays out why state law sides with voter intent over clerical error in case of six ballots tossed, giving challenger Paula Copenhaver the win in SD23.

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Dave Bangert
Aug 30, 2026
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DEERY’S OPENING ARGUMENT TO INDIANA SUPREME COURT OVER SIX REJECTED BALLOTS, FLIPPED ELECTION

Heading toward Sept. 10 arguments before the Indiana Supreme Court, attorneys for state Sen. Spencer Deery, fighting to reverse decisions that overturned his victory in the Indiana Senate District 23 Republican primary, argued that the Indiana Recount Commission ignored provisions in state laws that protect a voter’s intention – and their right to have their vote count – in situations when election officials fail to add their signatures or official stamps to ballots.

In a brief filed Friday with the state Supreme Court, Deery’s attorneys argued that ballots of six voters were tossed by the Recount Commission in error on Aug. 10 and should be restored under election law that says those votes should count, despite the errors, unless there’s evidence of fraud, tampering or misconduct.

Spencer Deery and Paula Copenhaver, during a town forum during the 2026 primary campaign. (Photo: Andy Chandler)

Deery’s team argued in its expedited appeal to the Indiana Supreme Court that “the voters’ intent was unmistakable” on those six ballots, each cast for the West Lafayette incumbent over challenger Paula Copenhaver. Deery’s side argued that those votes should count, restoring a three-vote win in May that was flipped to a three-vote loss by the Recount Commission’s decisions three months later.

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