Recount results for races still not certified over two months after primary election

MIA HILKOWITZ - Indiana Capital Chronicle
 

Indiana’s primary election results have still not been certified more than two months after the May 7 primary. Holding up the certification are two ballot recount efforts, which the Indiana Recount Commission approved in May despite large margins of victory.

Initial tallying for one of the disputed races has not even started.

In May, the Indiana Recount Commission approved two recount efforts in Hendricks and Elkhart counties. Republicans Brian Paasch — who ran against incumbent Rep. Greg Steuerwald in the primary for Indiana House District 40 — and Cindi Hajicek — who ran in House District 49 against incumbent Rep. Joanna King — filed recount petitions for their races on May 15. This was before election officials in the counties had finished counting provisional and absentee ballots.

When the State Board of Accounts (SBA) received these petitions it ordered the Indiana State Police to impound the counties’ ballots and election equipment. However, this early impoundment meant some uncounted provisional and absentee ballots, and even ballots that did not include the disputed races, were closed off. While the commission decided to release some of the ballots for undisputed races, election officials have still not been able to properly certify the results.

According to the Indiana Election Division, Paasch received 36.8% of the vote, or 2,050 votes, and lost to his competitor, who got 63.2% or 3,519 votes. Hajicek earned 35% of the vote (2,047 votes), but her opponent received 65% (3,805 votes).

Paasch declined to comment, and Hajicek did not respond to the Indiana Capital Chronicle’s request for comment.

A list of candidates for the 2024 general election online reads “The following list is NOT complete. The May 7, 2024, Primary Election will not be certified until recounts are concluded.”

Uncertified results
Lindsey Eaton, communications director for the Indiana Secretary of State, said in an email the SBA has finished initial tallying of ballots in Elkhart County. The recount occurred from July 8-10. According to the commission’s conduct guidelines, each candidate in a disputed race can observe or designate a representative to observe the recount tallying process.

“The Commission will meet at a later date to rule on the disputed issues and complete the recount proceeding,” Eaton said.

Recounts need to be completed by mid-September to finalize a list of candidates and print ballots for the general election.

Elkhart County Clerk Chris Anderson confirmed in an email that the recount in his county was complete, but did not respond to the Indiana Capital Chronicle’s requests for additional information.

Eaton said the SBA will start its initial tallying in Hendricks County on July 22. She said the recount director, which is appointed by the recount commission, works with the candidates’ attorneys, the SBA, state police and county election officials to schedule the recount when all parties are available.

“Once SBOA finishes their work, the Secretary of State’s Office will call a recount commission meeting,” Eaton said.

The Indiana Recount Commission makes the final decision on whether a disputed ballot will be counted.

In Indiana, any candidate or chairman of a state or county political party can file a recount petition, but do not have to meet any other conditions. While laws vary across the country, 12 states require candidates to be within a specified margin of votes to request a recount. Some states’ recounts are also automatically triggered if results are within a certain margin of votes, but Indiana does not have this recount trigger. 

Additionally, Indiana Code requires candidates who file for a recount petition to pay for “all costs of the recount.” Candidates must file a cash deposit or bond of at least $100. Because the number of votes cast for the nominated candidates and the candidates who filed recount petitions is more than 1% of the total votes cast, if more than 10 precincts need to be recounted, that bond can increase by $100 per precinct. The bond, which is deposited in each county’s general fund, is used to cover costs such as paying additional employees and recount commissioners.

The petitioners can receive partial or full refunds of these deposits if the recount significantly changes or if election officials determine that petitioner has been nominated or elected.

Impact on voters
At the Indiana Recount Commission’s May meeting, county election officials voiced their concern that voters whose ballots were impounded before they could be counted would be disenfranchised. At the center of the debate was whether election officials could count the ballots for the first time during a technical recount.

Anderson, the Elkhart clerk, estimated in May that Elkhart County saw approximately 100 provisional and absentee ballots impounded. These ballots included votes for around 49 races, ranging from the Republican nominee selection for President to state convention delegates.

“When I look at the not-counting of those ballots, based on turnout, 85% of those voters are going to be Republican ballots,” he said at the May meeting. “You’ve got 85% of those voters have been disenfranchised.” 

Debbie Hoskins, Hendrick County’s chief deputy clerk of election, told the Indiana Capital Chronicle the county has not certified election results for 10 precincts, but that the rest of the county’s precinct results had been certified.

Additionally, Hoskins said the previously uncounted provisional ballots will “not be counted but will be reviewed and acknowledged.”

Eaton told the Indiana Capital Chronicle that all election materials are preserved and organized by the SBA.

“Ultimately the Recount Commission will make determinations about ballots to be counted or not counted, based on arguments of the parties and application of law,” Eaton said.

While this number of ballots might not sway the outcome of larger primary races — such as the Republican Presidential primary — they could technically flip smaller races in the counties. For instance, a race for one Republican Precinct Committeeman in a contested precinct is within five votes.

Hoskins said that she cannot predict if the election results for these smaller races will change.

“I don’t foresee a flip…but I cannot be 100% sure until the recount is over,” Hoskins said.