Indiana Supreme Court Reinstates Sen. Spencer Deery as Republican Primary Winner in District 23

On Thursday, September 10, 2026, the Indiana Supreme Court declared state Sen. Spencer Deery the winner of the Republican primary for Senate District 23, overturning a prior decision by the Indiana Recount Commission that had awarded the contest to challenger Paula Copenhaver by a three‑vote margin.

The court’s one‑page order, issued a few hours after oral arguments, directed the Recount Commission to certify Deery with 6,335 votes to Copenhaver’s 6,332. The order also instructed election officials to resume preparations using Deery’s name on the ballot as the Republican candidate for the district.

The dispute began after the May 5 primary, in which Deery, a first‑term senator from West Lafayette, led Copenhaver by four votes. In August, the three‑member Recount Commission—composed of Secretary of State Diego Morales, attorney Paul Mullin, and Democrat Michael Claytor—voted 2‑1 to disallow six ballots cast for Deery that lacked a county clerk’s stamp or signature. Four of those ballots were absentee‑by‑mail, and two were early in‑person votes. The Commission’s action flipped the result, giving Copenhaver a three‑vote lead.

During Thursday’s hearing, Deery’s attorneys argued that the Commission abused its discretion. They contended that the missing seals were the result of election‑worker omissions, not voter error, and that the ballots should have been counted under the 1986 “savings clause” of state law. The clause states that a ballot may be counted unless evidence of fraud, tampering, or misconduct is presented.

The court’s justices questioned the Commission’s rationale. Justice Mark Massa asked whether the voter was at fault for not knowing the clerk’s seal was required. Justice Derek Molter expressed difficulty understanding how only six ballots could be considered suspect. Justice Christopher Goff noted that the law treats ballots without the bipartisan election‑worker initials differently, but the six in question involved a missing clerk stamp or signature.

Copenhaver, a former Fountain County clerk and staffer to Lt. Gov. Micah Beckwith, said she had run to hold elected representatives accountable. She acknowledged disagreement with the court’s decision but respected its authority. Deery, in a statement to the Indiana Capital Chronicle, said the ruling was “a lot bigger than me” and a victory for voters.

The primary race attracted national attention because President Donald Trump endorsed Copenhaver. Trump’s support was part of a broader effort to unseat Republican senators who had opposed the 2025 congressional redistricting plan. Six incumbents lost to Trump‑backed challengers; Deery and Sen. Greg Goode were the only two who defeated such challengers.

The court’s decision comes less than a week before the September 19 deadline for county election offices to begin mailing absentee ballots, with early in‑person voting scheduled to start on October 6.

The Recount Commission’s two Republican members had voted to disallow the ballots, while the sole Democrat member voted against the action. Deery’s attorney, Karen Celestino‑Horseman, a Democratic member of the Indiana Election Commission, argued that the Commission had not set clear standards for tossing ballots.

The court did not provide a written opinion at the time of the order but indicated it would issue one later. The ruling restores Deery’s lead by three votes, leaving the primary result unchanged in the broader context of the election cycle.

As of now, the Indiana Supreme Court has declared Sen. Spencer Deery the winner of the Republican primary for Senate District 23. The Recount Commission must certify the result, and the district’s Republican ballot will feature Deery’s name for the November 3, 2026 election.