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John Polles' campaign filed a motion Thursday asking a Tippecanoe County judge to order the election board to immediately count all ballots in the unsettled Indiana House District 26 race.
Polles is trailing Randy Truitt by 21 votes with 414 Tippecanoe County provisional ballots still uncounted after Tuesday's election.
"We feel the outcome of the election of the House District 26 race is in doubt," said J.D. Lux, an Indiana Democratic Party attorney. "Any amount of time that passes is detrimental to the voters and it's detrimental to the candidates."
Lux said he has reason to believe that a large portion of the provisional ballots don't have to do with proper identification and could be counted now.
In court documents filed Thursday afternoon, the Polles campaign states the provisional ballots should be counted as soon as possible because the Indiana General Assembly is convening Nov. 18 for its annual "Organization Day" and voters in the West Lafayette-based District 26 should be represented there.
Also, court documents state Polles wants the ballots counted soon because Indiana law details strict deadlines for contesting election results or asking for a recount. (Nov 18)
Court documents show the motion was also filed on behalf of Nicole Martin, a person who filled out a provisional ballot because a local election official challenged her ability to cast a vote. A copy of Martin's voter registration card was filed with the motion in court.
Provisional voting is a way for voters to cast ballots on Election Day when they are challenged because the voter was unable to present photo ID that met state requirements or the voter's name does not appear on the poll list.
"I'm getting a little bit anxious that they're dragging their feet," Polles said. "Some of those ballots can be counted now."
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