The Indiana Supreme Court on Thursday overturned a recount decision, reinstating incumbent state Sen. Spencer Deery as the Republican nominee for Senate District 23. The ruling concludes a months-long dispute, declaring Deery the winner over President Donald Trump-backed challenger Paula Copenhaver by a margin of three votes. This decision reverses an earlier finding by the Indiana Recount Commission, which had initially handed the victory to Copenhaver.
"Indiana law provides that otherwise valid ballots can still be counted when an election officer’s action or failure to act creates the defect, unless there is evidence of fraud, tampering or misconduct affecting the ballot’s integrity." Indiana Supreme Court Majority Opinion (as summarized in source)
The core of the legal battle revolved around six disputed ballots cast for Deery during the May 5 Republican primary. These ballots had been rejected during a statewide recount because they lacked required county clerk stamps or signatures. The Recount Commission, a three-member panel chaired by Republican Secretary of State Diego Morales, had voted 2-1 in August to exclude these ballots. This exclusion shifted the outcome, giving Copenhaver 6,332 votes to Deery’s 6,329, and certifying her as the Republican nominee.
Deery subsequently appealed the commission's decision, arguing that voters should not be penalized or disenfranchised due to administrative errors made by election workers. His legal team contended that the Recount Commission had improperly penalized voters and committed an abuse of discretion.
A majority of the Indiana Supreme Court’s five members concurred with Deery's argument. The justices concluded that the six disputed ballots were legally countable because the defects, specifically the missing stamps or signatures, were caused by election officials rather than the voters themselves. Indiana law provides a framework for such situations, stipulating that otherwise valid ballots can still be counted when an election officer’s action or failure to act creates the defect, provided there is no evidence of fraud, tampering, or misconduct affecting the ballot’s integrity. The court found no such evidence of wrongdoing involving the six ballots during the recount proceedings.
The court heard oral arguments on Thursday morning and issued its final order roughly three hours later. The ruling directs the Indiana Election Commission to recertify Deery with 6,335 votes and Copenhaver with 6,332, restoring the original three-vote margin from immediately after the May primary. The court had intervened on September 3 by temporarily blocking the distribution of general-election ballots naming either candidate while it reviewed the dispute, underscoring the urgency of the matter.
The extraordinarily close contest had garnered national attention primarily because Copenhaver received an endorsement from President Donald Trump. President Trump had backed Copenhaver after Deery opposed a mid-decade congressional redistricting proposal. This proposal was promoted by the President and other Republicans aiming for new congressional boundaries before the 2026 midterms. President Trump had publicly described Copenhaver as a "MAGA Warrior" and criticized Deery over his vote on the redistricting issue, according to Trending Politics.
The District 23 race was part of a broader trend in Indiana Republican primaries where Trump-backed challengers targeted GOP state senators who had opposed the proposed congressional map. While several incumbents in these races lost their May primaries, Deery’s contest became one of the closest and last unresolved races stemming from this intraparty conflict.
Copenhaver’s attorney had argued before the court that clerk seals and signatures serve a crucial role in authenticating absentee ballots and safeguarding election integrity. However, the Indiana Supreme Court ultimately prioritized the intent of the voter when official error was identified as the source of the ballot defect.
The decision resolves the race just before a critical deadline for Indiana counties to begin sending absentee ballots, a factor that had intensified pressure on the court to settle the dispute expeditiously. With this ruling, Copenhaver’s recount victory is voided, and Spencer Deery is confirmed as the Republican nominee for Indiana Senate District 23 in the upcoming November general election.
