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Commission grants motion to dismiss contest petition in the election of Indiana Secretary of State
INDIANAPOLIS (Dec. 13, 2010) – The Indiana State Recount Commission has completed the recount in House District 76, except for the removal of three invalid ballots from the count in Vanderburgh County.
According to the tally from the Indiana State Board of Accounts, and following a meeting of the Indiana Recount Commission on Sunday in Mount Vernon’s Historic Hovey House, in the heart of District 76, almost complete results show Wendy McNamara with 9,376 votes and Bob Deig with 9,369 votes – a margin of 7 votes.
Commission members ruled on several issues argued by the parties. However, three votes will require additional review by the recount commission before the statutorily imposed deadline of December 20. The three involve in-person absentee ballots in Vanderburgh County precincts. The commission determined the votes were invalid because the in-person absentee applications lacked signatures where such a signature is required by state law. Additionally, no evidence was presented demonstrating that valid photo IDs were shown to ensure the individuals casting the absentee ballots truly existed. Since Vanderburgh County uses electronic voting machines, the review of the three votes requires additional examination of the voting systems. The commission ordered Recount Director Brad Skolnik to oversee the process.
The commission will meet again before the December 20 deadline to rule on these final three votes and to officially certify the election results in HD 76. A public notice will be posted once a date, time and location are determined by the commission.
Additionally, the commission granted the second motion to dismiss the contest petition filed in the statewide race for the Office of the Indiana Secretary of State. In a 2-1 ruling, the commission granted this motion to dismiss at yesterday’s proceedings. On November 19, the Indiana Democratic Party filed a verified petition for election contest for the election of Indiana Secretary of State’s office. On November 23, respondent Charlie White filed a motion to dismiss. At a December 5 recount commission meeting, the commission denied White’s initial motion to dismiss in a 2-1 ruling. On December 6, White filed a second motion to dismiss. After hearing arguments from the parties yesterday, the commission granted White’s second motion to dismiss.
There is nothing pending before the commission regarding this contest.
Todd W. Darroca
Director of Communications