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The Indiana Supreme Court settled the case in the Senate District 23 Republican contested primary between Senator Spencer Deery and Paula Copenhaver on September 9. The court ordered six absentee ballots that had been rejected by the Indiana Recount Commission to be counted, restoring Deery’s 6,335-6,332 victory over challenger Copenhaver. The ballots — two each from Montgomery, Warren and Vermillion counties — lacked a clerk’s signature, seal or both. The ballots included one vote for Copenhaver and the rest for Deery.  In all of these, there was no allegation of fraud, tampering or misconduct, and the voters’ choices were clear, a point that Deery made on social media leading up to the court’s decision.

 

“If you do your part, you shouldn’t be penalized because of minor errors on government,” he said.

 

Four other ballots remained rejected because they lacked the initials of bipartisan election judges — a requirement Indiana law treats differently. In the wake of the decision, the League of Women Voters reached out to both Senator Deery and Montgomery County Clerk Sondra Sixberry about what the experience illuminated for them. 

 

For Sixberry, the case also became an unusual but valuable audit of local election administration. The recount process was rigorous. State officials and law enforcement secured the ballots and equipment, and the county’s ballot count matched the recount. Sixberry said the experience demonstrated what they are doing right — storing ballots by precincts, keeping them secure, and ensuring no fraud. Still, she would like to see more routine auditing.

 

“You don’t know what you don’t know,” she said. “It’s good to see that, and it just makes it better. Let’s just figure out what we’ve got to do better.”

 

Sixberry’s office is considering more prominent signage at voting sites. One sign greeting voters as they enter would illustrate the difference between a ballot that is ready to be counted and one with a potential problem. Another may be posted at the table where voters submit their ballot. “Before you submit your ballot, check the back for required bipartisan initials.” Or, “Fold your ballot and confirm all required boxes, initials and signatures are complete.”

 

“I don't want people to be so freaked out that they're afraid to even vote because they might make it on the box to check. So you know, just another way for them to kind of picture that,” said Sixberry. She thinks it will help remind voters, “Yep, there's something more we need to do here to vote.”

 

Most voters understandably focus on the candidates and questions on the front of their ballot. But when an absentee ballot is cast — whether by mail or through early in-person voting — the back of the ballot and the ballot envelope carry important safeguards. Voters need to know that their ballot should have the election judges’ initials, and, for early voting, they need to sign the outside of the sealed envelope before putting into the secure bin. [SG1] 

 

Sixberry also plans to emphasize vigilance in poll-worker training, particularly at the table where bipartisan poll workers initial ballots. Election work is public service, and many neighbors reconnect at the polls, which can be a distraction. Concentration is key. As wonderful as it is to experience the sense of community, she will remind poll-workers how important it is to focus on the job.

 

Both Deery and Sixberry know that elections depend on human beings, and while humans make errors, it’s important to double-check procedures and ensure the details of the task are correctly executed.

 

The biggest practical lesson may be that voters who value access to the ballot box should consider helping run it. Early voting is popular because it gives people flexibility. But it also substantially expands the staffing burden for counties. Election workers are needed for many days, multiple locations and a range of roles — checking in voters, managing ballots, assisting voters, maintaining the bipartisan safeguards required by law and moving materials securely.

 

“We’re dealing with human beings,” Deery said. “We’re dealing with long lines or high volume. We’re dealing with inexperienced volunteers. … Particularly with our extended early voting, that’s a pretty big volunteer load that clerks have to fill.” It’s one of their greatest stressors, and reasons for shortening the early voting window, he notes. For citizens who value early voting, being a poll worker is an opportunity to show support with deeds.

 

Sixberry agrees. She said some longtime workers view their service as a civic duty, and she hopes more younger residents will join them. Poll work also brings Republicans and Democrats together in a setting that emphasizes common responsibility over partisan differences.

 

“I think it’s fantastic to get two parties together. You kind of forget about all the differences that you had, and you realize that we both garden and we both do this,” said Sixberry. “And we have a lot more in common than we don’t.”

 

The county is seeking workers, especially for election-day roles and early-voting support. Interested residents should contact the Montgomery County Clerk’s Office. Training and placement are designed to match volunteers’ skills to the work that needs to be done.

 

Sixberry is excited about a new Election Day vote center at the Montgomery County Government Center. She hopes it will ease pressure on Rock Point Church, which has consistently handled the county’s highest voter volume. In the spring primary, she estimated Rock Point saw roughly 1,000 voters, compared with about 400 at Whitesville. Shifting some voters to the Government Center should improve the experience for voters and reduce strain on poll workers at the end of a long day.

 

The case also touched on mail-in voting. Sixberry said that while she is not personally a major user of mail ballots, she has confidence in Montgomery County’s process. Voters must request a mail ballot, supplying identifying information and a signature or appearing in person. When applications or returned materials raise questions, election staff compare information with voter history and signatures and follow up directly with the voter. Her office encourages voters to review their ballot before sealing it into the envelope to ensure it has the clerk’s signature.

 

Between the request process, signatures, records checks, bipartisan handling and follow-up when something does not match, Sixberry said she saw no evidence of fraud in the disputed local ballots. She remains confident in the county’s election system while also supporting stronger audit protections, because trust grows when a system can demonstrate — not merely assert — that it is working.

 

Montgomery County’s procedure of printing the paper ballots and having voters carry them to the election judges adds another important safeguard. Voters can hold their ballot, review their selections and correct an error before submitting it. That voter-verified paper record is both an immediate check on accuracy and a durable record if an audit or recount is ever needed. Each county is allowed to establish its own election procedures, and counties like Tippecanoe have another paper backup procedure, Sixberry says. Voters there can look at their ballot after it is printed on a compiled roll. They do not have the chance to handle and review the printout.

 

Deery said the experience opened his eyes to the gap between election laws written for older systems and the realities of modern voting. Indiana’s rules often treat in-person early voting as absentee voting, even though the practical circumstances differ.

 

“It's silly that we fail to distinguish in the law between an in-person early vote and an absentee ballot,” said Deery. “Those are not the same thing in today's practice.”

 

The task ahead, he said, is to distinguish safeguards that actually prevent fraud from procedural requirements that create “a bureaucratic mess” for citizens trying to exercise a basic right. He noted there is “a sweet spot.”

 

“There's a balance here, right? On one side of the ledger, we have precautions that are intended to ensure the integrity of the election by making sure there isn't fraud or cheating, and we need those. On the other side of the ledger, we can go so far in requiring red tape, bureaucratic processes and safeguards that we start to disenfranchise people and lose the integrity of our elections because people’s votes are being erased,” said Deery.

 

“The system worked” in this case, Deery said. But he also wants lawmakers to ensure it works for every race — not only high-profile contests whose candidates can afford lawyers and a rapid appeal.

 

Finally, voters should check their registration before the October 5 deadline. Visit IndianaVoters.com to verify registration information and voting details. And, if possible, make sure the identification you plan to use aligns with your registration. If it does not, you may need to vote in the precinct where you are registered.

 

One final clarification about the April primary: Montgomery County’s later-than-expected results report was not caused by hand-marked paper ballots or a problem with vote counting. The local election board chose to release results all at once after all vote-center materials had arrived and been accounted for. The county plans to consider ways to provide more timely updates in future elections.