One of the national political groups that spent millions to oust anti-redistricting state senators in the Indiana primary election is now asking the Indiana Supreme Court to dismiss a state senator's appeal of the outcome.
Club for Growth, a conservative advocacy group that spent $2 million in its quest to oust anti-redistricting senators, filed a brief Aug. 31 in support of Paula Copenhaver, the Trump-endorsed candidate who narrowly beat Sen. Spencer Deery, R-West Lafayette, after the Indiana Recount Commission reversed the outcome of the race.
While the recount itself did not change Deery's three-vote lead, the commission's decision to reject ballots where clerks made administrative errors nudged Copenhaver across the finish line. Deery appealed the decision, arguing that the commission's decision ignored voter intent by tossing out otherwise legitimate ballots for administrative reasons.
Deery's appeal asks for an expedited decision, as early voting begins Oct. 6, already leaving election administrators with a tight window to prepare ballots.
Club for Growth used the timeline issue in their argument to dismiss.
"The question here is whether an order entered now could still lawfully and practically place Senator Deery on the general-election ballot given the completed recount, the missed certification deadline, and the ballot-administration obligations that follow certification and are now underway," the organization's brief states. "It could not."
But the group also argues that the commission made the right decision when they rejected ballots without the proper signature and seal of the county clerk.
"Indiana law says a ballot must carry the clerk's signature and seal," said James Bopp, Jr., an Indiana election lawyer who co-authored the brief with an associate and the Club for Growth general counsel, in a news release. "That rule exists to keep votes from being stolen by election officials, and enforcing it is how this court protects both voters and the integrity of the election itself."
Oral arguments in the case are scheduled to take place on Sept. 10.
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This article originally appeared on Indianapolis Star: Club for Growth fueled Trump's redistricting revenge. Now it wants court to dismiss Deery appeal