On a split decision, the Highland School District $15-million bond referendum has passed. In a three-hour contest court proceeding on Monday, three men served as the panel: they were Ron Greiner who represented the petitioners contesting the results; Dan Ruth, who serves as Vice President of the Highland School Board; and Richard Gaumer, a retired attorney from Ottumwa. The panel heard from attorneys representing both the school district and the petitioners who were challenging the election results of the Highland School District bond referendum after it was discovered that not all of the voters in the Ainsworth precinct on Election Day were provided the correct ballots. Initial election results showed the measure passing with 61-percent of the votes.
After deliberations, Gaumer explained the Iowa Code section 57.4 that was associated with the panel’s finding, “It shall not be held sufficient to set aside the election unless the rejection of the vote of that precinct would change the result. The canvas that occurred on the 19th of November with all of the votes indicated that the public measure achieved the required 60% majority. If you eliminate the votes in the Ainsworth precinct, you still get a successful 60%, in excess of 60%. As a result, I think, based on the evidence that was presented and the record that was very ably made by counsel on both sides it is a 2-1 vote of this panel that the election should be declared successful.”
The panel had a second decision on the matter and voted unanimously that the lack of jurisdiction measures failed regarding the timelines – as the petitioners had a 20-day deadline from the time of the second tier canvas of votes was conducted when a winner was declared.
Gaumer provided insight to the panel’s thoughts, “And significant discussion among the panel that this isn’t the right result, it is the result that is dictated by the law but when there is a significant mistake to do it over would have been another alternative. Unfortunately, we don’t have that authority as an election contest panel to say, ‘Well, we don’t like that fact that this happened and we should set aside the election.’ Whether officials, county officials, election officials, anybody said that’s what should happen is irrelevant. I think, when we considered this matter we made the decision that the legislature has determined the way we’re supposed to handle it.”
The Washington County Auditor is now obligated to certify to the school district that the election passed with a super majority of the vote.