The Indiana Supreme Court has overturned a recount decision in one of the closest elections of the year, resolving a Republican state Senate primary by just three votes.
The ruling came only hours after the five justices heard arguments over six disputed ballots that had temporarily changed the winner of the contest.
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The case centered on whether voters should lose their ballots because election workers failed to place required clerk stamps or signatures on them.
Those six ballots were all cast for incumbent Republican Sen. Spencer Deery, whose original three-vote victory had been reversed by the Indiana Recount Commission last month.
The Indiana Supreme Court ruled Thursday that Deery is the Republican nominee in Senate District 23, defeating Trump-endorsed challenger Paula Copenhaver 6,335 votes to 6,332.
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The court directed the Recount Commission to certify the new totals and ordered election officials to resume preparations with Deery listed as the Republican candidate.
The brief order did not explain the majority’s reasoning, with the justices saying a more detailed written opinion will follow.
Deery called the ruling a victory that extended beyond his own political future.
“I think it’s important that Indiana draw a line that says when voters do their part, that vote shouldn’t be at risk of either incompetence or even intentional incompetence by individuals who want to change that vote,” Deery said.
The controversy began after Deery emerged from May’s Republican primary with a three-vote lead over Copenhaver.
Copenhaver sought a recount, and the Indiana Recount Commission ultimately discarded several ballots, including six Deery votes that lacked required county clerk markings.
That decision reversed the result and certified Copenhaver as the winner by the same three-vote margin, 6,332 to 6,329.
🚨 BREAKING: Indiana Supreme Court just OVERTURNED Trump-backed Paula Copenhaver’s 3 vote victory over RINO State Sen. Spencer Deery
They have hereby REINSTATED RINO Deery’s election victory despite a recount THROWING OUT INELIGIBLE VOTES.
What on EARTH?!
Trump challenged… pic.twitter.com/xEMHsLsiEl
— Eric Daugherty (@EricLDaugh) September 10, 2026
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Deery appealed, arguing that voters had properly cast their ballots and should not be punished because election officials failed to complete administrative requirements.
His attorneys relied partly on an Indiana law allowing ballots to be counted when a voter complied with election requirements but an election official failed to act, absent evidence of fraud, tampering or misconduct.
During Thursday’s arguments, several justices questioned why the six ballots should be rejected when no evidence had been presented that they were fraudulent.
Justice Mark Massa questioned how voters could be held responsible for knowing whether election workers had properly applied required markings.
Justice Derek Molter similarly questioned how six ballots spread across three counties could plausibly represent some coordinated effort rather than legitimate votes.
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Copenhaver’s attorneys argued that clerk seals and election-worker signatures serve as safeguards intended to authenticate absentee ballots and prevent fraud.
The dispute drew national political attention because President Donald Trump had endorsed Copenhaver after Deery opposed a congressional redistricting plan Trump supported.
Deery was one of several Republican Indiana senators targeted in primaries over their redistricting votes.
Trump-backed challengers defeated six incumbent Republican senators, while Deery and Sen. Greg Goode survived challenges connected to the same dispute.
Deery said outside groups spent millions of dollars targeting Republican lawmakers who opposed the redistricting effort.
“The track record isn’t good for people in my shoes,” Deery said, adding that simply surviving the challenge could prove to be one of the most significant political contests of his career.
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Copenhaver said she disagreed with the Supreme Court’s decision but accepted the court’s authority and wished Deery well.
She maintained that the authentication requirements at issue were important safeguards against potentially invalid ballots.
The ruling arrived with election officials facing rapidly approaching deadlines.
Indiana law requires counties to begin mailing absentee ballots by September 19, while in-person early voting begins October 6.
The Supreme Court had previously halted distribution of Senate District 23 general-election ballots while it considered Deery’s appeal, The Indiana Capital Chronicle reported.
With Thursday’s order, election officials can now move forward with Deery’s name appearing as the Republican nominee.
This article may contain commentary which reflects the author’s opinion.
