Update: WTWO learned Thursday that Gentry filed a motion to have the lawsuit voluntarily dismissed and that was granted. Gentry telling WTWO that the procedural matters and concerns were addressed at the emergency election board meeting.
TERRE HAUTE, Ind. (WTWO/WAWV) — Election day is over, a large Republican victory is secured, but two local Republicans will be facing each other in court over the counting of absentee ballots.
The Vigo County Election Board held an emergency meeting at 9 a.m. Tuesday. At that meeting, the board approved the names of workers who would be allowed to count absentee ballots.
At the time, Vigo County Clerk Brad Newman said Republican Party Chairman Randy Gentry had caused the issue and that the meeting could push back the count and release of election day results. Newman added that it could be Wednesday or Thursday before Vigo County voters knew the outcome of the election.
That did not end up being the case. All the results were released to the public at about 11:30 p.m. Tuesday night.
However, the situation is not over. The meeting stemmed from a lawsuit filed by Gentry against Newman in his official capacity as Vigo County Clerk.
The lawsuit asks the court to “compel Respondent to perform his statutory duties regarding execution of the proper procedures related to the counting of absentee ballots in the 2024 general election.”
The suit, which was filed on Monday, adds that, “with Election Day tomorrow, immediate
judicial intervention is necessary. Respondent’s failure to comply with Indiana law could
pose an imminent threat to the integrity of the electoral process.”
The suit goes on to state that Newman failed to comply with the law for the process of counting of absentee ballots.
“Respondent has allowed individuals neither identified by the county chairmen of the major political parties in Vigo County, nor specifically appointed by the County Election Board, to
participate as absentee vote counters,” the lawsuit states. “Not only does this violate the statutory procedure, but also leaves vulnerable the absentee counting process, as it does not allow for confirmation that the individuals participating in the process meet the statutory qualifications required under Indiana Code § 3-11.5-4-22.”
The filing adds “Respondent’s actions/inactions (i.e., engaging unqualified individuals in the absentee vote counting process) are in direct violation of his legal duties as county clerk and as a member of the Vigo County Election Board and threaten to undermine the integrity of the statutory process dictated by the election laws of the State of Indiana.”
Finally, the lawsuit requests a judge to, “issue an emergency order mandating Respondent to immediately comply with all statutory requirements concerning the counting of absentee ballots, specifically those requirements related to individuals permitted to participate in the counting of
absentee ballots; (b) award Relator the costs and expenses incurred in bringing this
action; and (c) grant all other just and proper relief.”
Vigo County’s attorneys have filed a response and called for the court to dismiss the lawsuit on several grounds.
“This action cannot be heard before the election date has passed and all absentee ballots
have been counted and therefore Relator’s complaint is moot,” the response states. “Relator has failed to state a claim for which relief can be granted and this action should be dismissed per Rule 12(b)(6) of the Indiana State Trial Procedure Rules.”
The response also states that the law cited in Newman’s claim is directed at county election boards and, “never mentions county clerks.”
Finally, the response states, “Relator has failed to demonstrate their “clear and unquestioned right to relief” and Respondent’s failure to perform “a clear, absolute, and imperative duty imposed by law” for this “extraordinary remedy”.
County officials said Wednesday that the lawsuit is ongoing and a hearing date before a judge has not yet been scheduled.
