The Indiana Supreme Court on Thursday certified state Sen. Spencer Deery as the winner of the Republican primary for Senate District 23, overturning a recount commission’s decision that had initially declared his Trump-backed challenger the victor.
The court’s one-page ruling stated that Deery’s name must appear on the November general election ballot, confirming he defeated Paula Copenhaver by three votes in the May 5 primary. The final tally stood at 6,335 votes for Deery to 6,332 for Copenhaver, according to the court’s order. Chief Justice Loretta Rush noted that a written opinion explaining the decision would be issued at a later date.
The ruling vacated the Indiana Recount Commission’s August decision, which had disallowed six ballots cast for Deery due to missing county clerk stamps or signatures. The commission’s action had flipped the outcome, giving Copenhaver a three-vote lead. Deery’s campaign challenged the recount commission’s ruling in court, leading to Thursday’s reversal.
Deery, who has served in the state Senate since 2022, issued a statement on X (formerly Twitter) following the decision. “We could never have secure elections in our state if our votes could be invalidated by government error or malfeasance,” he wrote. “Instead, in Indiana, we have set a precedent that says if you do everything right, your right to vote is sacred and protected.”
Copenhaver’s campaign did not immediately respond to requests for comment on the ruling.
Background: The Primary and Recount Battle
The May 5 Republican primary in Senate District 23 ended with Deery leading by three votes in the initial count. The Indiana Recount Commission, a three-member body, later invalidated six ballots for Deery, citing technical deficiencies. This change gave Copenhaver a three-vote advantage, prompting Deery’s legal challenge.
Copenhaver, an aide to Lt. Gov. Micah Beckwith and chair of the Fountain County Republican Party, had been endorsed by former President Donald Trump. The race was part of a broader mid-decade redistricting push in 2025, where Trump supported redrawn congressional maps to favor Republicans. Deery was among the Republican state senators who opposed the proposed maps, leading to primary challenges across the state.
According to the IndyStar, Trump’s endorsements and spending by pro-Trump groups resulted in the ousting of all but two of the targeted state senators in their primaries. Deery’s victory marks one of the few instances where an incumbent defied Trump’s backing and prevailed.
Legal and Political Implications
The Indiana Supreme Court’s decision ends a months-long legal dispute over the primary results, ensuring Deery’s place on the November ballot. The court’s order did not provide immediate justification for overturning the recount commission, but the upcoming written opinion is expected to clarify the legal reasoning.
Politically, the ruling reinforces the outcome of a high-profile primary where Trump’s influence was tested against Republican incumbents who opposed his redistricting agenda. The case also highlights ongoing debates over ballot validity and election administration, particularly regarding technical errors in vote counting.
For Deery, the certification secures his path to a full term in the state Senate, where he has served since 2022. His victory contrasts with the broader trend of Trump-backed challengers unseating incumbents in Indiana’s 2024 primaries.