By Marilyn Odendahl
The Indiana Citizen
May 15, 2026
As the window for filing a recount petition opened with at least one race headed for review, the Indiana Recount Commission met Friday morning to prepare for the possibility the votes will need to be counted again in one or more of state’s May 5 primary races.
Petitions for a recount in any race must be filed with the state from the 15th to the 22nd of May. So far, no candidates or campaigns have asked for a recount, but that is anticipated to change given the narrow margin of victories in some primary races.
At the opening of the Recount Commission’s meeting, Indiana Secretary of State Diego Morales said close elections are a strong reminder that every ballot cast by an eligible Hoosier voter should count.
“In Indiana, we are committed to open, fair, and transparent elections, and meetings like this are an important part of the process,” Indiana Secretary of State Morales said at the beginning of the Recount Commission’s meeting. “The Indiana Recount Commission exists because sometimes, as we know from history, elections can be very close, even tied. … Candidates, supporters, and voters have the right to careful, deliberate proceedings to verify close-election outcomes.”
However, the Recount Commission began its work two days after one state lawmaker raised concerns about Morales’ neutrality.
State Rep. Ed DeLaney, D-Indianapolis, issued a statement Wednesday urging Morales to remove himself if a recount is called in the Senate District 23 election.
Incumbent state Sen. Spencer Deery and former Fountain County Clerk Paula Copenhaver engaged in a brutal fight for that senate district seat and the extremely close outcome is apparently headed to a recount.
By a margin of three votes, Deery won the race, one of the Indiana Statehouse contests that drew national attention. Copenhaver ran an aggressive campaign fueled by an endorsement from President Donald Trump and outside special interest groups that poured millions into defeating Deery and a handful of other state GOP senators because they derailed a White House push to redraw the state’s nine congressional districts.
DeLaney expressed concern about Morales’ ability to remain objective in a Deery-Copenhaver recount since the secretary aligned himself with groups supporting Copenhaver and was a proponent of redistricting.
Included in the representative’s statement was a screenshot of a Facebook post by Morales which featured the secretary’s call for redistricting “with zero hesitation and zero backing down” above a picture of himself at a pro-redistricting rally in the Statehouse.
“Diego Morales has deeply involved himself with a branch of Turning Point USA, which endorsed Deery’s primary opponent,” DeLaney said in his statement. “The redistricting fight in the Indiana Senate fueled these primary challenges, and Morales has openly stated his stance. He publicly called for our state senators to redistrict and attended rallies supporting Washington’s preferred 9-0 map.”
During the Recount Commission meeting, commissioner Michael Claytor asked Morales about those concerns. Nodding to DeLaney’s call for recusal, Claytor said he wanted to give Morales the opportunity to address the questions about his independence.
Morales said he was not going to recuse himself and that any recount process would be transparent. However, he did not directly answer the question about his capacity to be unbiased.
“I am the chief election officer. This is my duties, my responsibilities, and I will be chairing the recount commission,” Morales said. “It is an honor to be the Secretary of State. As I said at the beginning of my comments, here in Indiana we run safe, transparent elections … and should there be any recount filed, we will be holding those meetings transparently for the public to see.”
During its meeting, the Recount Commission unanimously approved the appointment of Jessica Dickinson, an attorney with Massillamany Jeter & Carson, to serve as recount director. She will oversee any recount or contest proceeding, which would include the authority to issue impoundment orders and take other actions to preserve the election materials.
According to a report by WTHR, some of the circuit court clerks in the six counties that comprise the state Senate District 23 said they have been contacted by Secretary Morales’ office to review the recount process. Also, the Indiana State Police have visited some of the clerks to see where the ballots are stored.
Based in Lafayette is reporting that the Indianapolis-based law firm Kroger Gardis Regas has been retained by Copenhaver’s campaign. The firm has sent a letter to the county clerks in the district, requesting they “retain and preserve all documents, data and communications related to the 2026 Primary Election in your county.”
The Indiana State Board of Accounts will do the actual counting of the ballots for any primary race recount. Ballots that are called into question, perhaps over a signature or because a stray mark has made the voter’s intent unclear, will be sent to the Recount Commission, which will make the final determination as to whether they should be counted or rejected.
Claytor, who participated in some recounts when he served as deputy director of the State Board of Accounts, said Indiana’s elections are “free and fair.” As part of the recount process, he said, the ballots would be checked in front of observers who can challenge the decision of the State Board of Accounts. Any ballot that needs a closer look will be forwarded to the Recount Commission.
Voting machines which enable voters to mark their ballots by pressing a button has made recounts easier, Claytor said, speaking after the meeting had adjourned. Yet, instances still occur where a ballot will be challenged and the commission will have to resolve the issue.
“We do have a process with a great deal of integrity,” Claytor said. “You don’t just throw ballots out because you don’t like the candidate, but you can throw a ballot out if it was improper, if the person wasn’t registered to vote, if you can prove that there are reasons that ballot shouldn’t count, and that’s what the Recount Commission ends up doing.”
Claytor said the Recount Commission is an independent body that fairly assesses the problematic ballots and then makes an adjudication. Also, he noted state statute mandates the secretary of state shall serve as the chair of the Recount Commission.
Asked if the language of the statute means the Morales cannot recuse himself, Claytor responded, “That’s a darn fine question. And if I was the (Indiana) Supreme Court, I’d answer it.”
Claytor said he believed Morales addressed concerns about objectivity raised by DeLaney, the state representative.
Also, Claytor noted the Recount Commission has never had an issue with bias or neutrality. He pointed out the commission is comprised of three people who work together to make the determinations on the ballots.
“It goes ballot by ballot and there’s three of us making the decision,” Claytor said of the Recount Commission’s ballot counting process. “It’s not up to one individual as to whether or not something’s accepted or rejected. We all take an oath to be free, fair and objective.”
The other commission member, Paul O. Mullin, partner at the Indianapolis-based law firm Lewis and Wilkins, declined to comment after the meeting. Morales’ staff said the secretary had another meeting and could not take any questions from reporters.
The Indiana Citizen is a nonpartisan, nonprofit platform dedicated to increasing the number of informed and engaged Hoosier citizens. We are operated by the Indiana Citizen Education Foundation, Inc., a 501(c)(3) public charity. For questions about the story, contact Marilyn Odendahl at marilyn.odendahl@indianacitizen.org
