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Indiana Supreme Court Declares Spencer Deery Winner in Primary Recount

By Drooid · · How we work

Core Event

The Indiana Supreme Court issued an order restoring state Sen. Spencer Deery (R) to the Republican primary ballot for Senate District 23 after a months-long recount. The court vacated the Indiana Recount Commission’s decision that had excluded several ballots for missing clerk initials or stamps, a move that had temporarily given challenger Paula Copenhaver (R) a three-vote lead. By reinstating the discarded ballots, the court confirmed Deery’s three-vote margin of victory and directed that ballot distribution resume with his name printed.

Background & Context

Deery was one of seven GOP state legislators who refused to support President Donald Trump’s proposed mid-decade congressional gerrymander. Trump and allied “dark-money” groups targeted those holdouts in the May primary, seeking to replace them with candidates who would approve the new map. Deery’s win therefore represents a setback to Trump’s redistricting push in Indiana.

Data & Statistics

  • Initial primary count left Deery ahead by three votes.
  • The three-member Recount Commission, which includes Secretary of State Diego Morales, invalidated multiple ballots for lacking clerk signatures, shifting the lead to Copenhaver by three votes.
  • The Supreme Court found the commission had improperly discarded six ballots, restoring Deery’s three-vote advantage.

Official Statements & Responses

After oral arguments, Deery said the state’s election statutes are “outdated” and pledged to work with the General Assembly to revise them if re-elected. His attorney Karen Celestino-Horseman characterized the commission’s action as an “abuse of discretion.” Copenhaver’s counsel Bill Bock was repeatedly questioned about the legal basis for discarding the ballots. During the dispute, Copenhaver’s team attempted, without success, to subpoena voters based on their social-media posts; the commission rejected the request.

Why It Matters

The ruling not only secures Deery’s seat but also signals a judicial rebuke of the commission’s interpretation of Indiana Code § 3-12-1-12, which mandates that ballots remain countable despite clerical defects. By preserving a Trump-opposed lawmaker, the decision may hinder the administration’s effort to impose a gerrymandered congressional map in the upcoming midterms and raises broader concerns about voter confidence in Indiana’s election process.