Highland school district’s bond passage upheld despite Election Day ballot mistake

WASHINGTON — A panel of contest court judges ruled 2-1 Monday that a narrowly-passed $15 million bond issue at Highland schools would stand, even though Ainsworth precinct officials mistakenly gave ballots to 96 voters who were not school district residents, and should not have been allowed to vote on the matter.

The Highland bond issue passed by 22 votes on Election Day. Petitioners challenging the result argued 96 improper ballots handed out in Ainsworth gave those voters a chance to sway the outcome, despite not living in the school district, and thus not paying property taxes for the bond in question.

After announcing the panel’s decision Monday, retired Ottumwa attorney Richard Gaumer — who served on the contest court — said the group recognized that the improper ballots may have shaped the race’s outcome, but state code doesn’t give them the authority to throw the results out.

Gaumer cited a section of Iowa Code that authorizes contest courts to throw out an election result only if disregarding a disputed precinct would change the election’s outcome. In this case, it would not: ballots at every other precinct add up to a passing margin for the bond, with or without the inclusion of Ainsworth’s in-person ballots.

“There was significant discussion among the panel that this isn’t the right result. It is the result that’s dictated by the law,” Gaumer said. “When there is a significant mistake, to do it over would be another alternative. Unfortunately, we don’t have that authority as an election contest panel … the legislature has determined the way we’re supposed to handle it.”

Gaumer led the decision-making panel. He was joined by Highland school board Vice President Dan Ruth and Ainsworth City Council member Ron Greiner — appointees from either side of the dispute.

The ruling followed a two-and-a-half-hour trial, during which attorneys questioned and cross-examined staff from the county auditor’s office.

Bond will fund secure entrances, multipurpose facility

Highland Superintendent Ken Crawford said the ruling was a win for students at the schools, where the property tax-funded bond will help pay for a new multipurpose facility, secure entrances at the elementary building, new classrooms, and upgrades to the high school commons area.

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The ruling frustrated opponents, who argued the panel’s decision overlooked a mistake that may have altered the bond vote’s outcome.

Ron Greiner — who submitted the challengers’ petition — said the statute cited by the rest of the panel disenfranchised voters in the Ainsworth precinct.

“The election was soured by 96 votes, and that doesn’t mean anything to you at all, is that what you’re trying to tell me?” Greiner asked one of Highland’s lawyers at one point in the trial.

It’s not clear whether the 2-1 ruling will stand. In an interview after the trial, Greiner said the petitioners would meet and decide whether they planned to appeal the ruling in the coming days.

Gaumer has directed county staff to confirm the bond issue’s passage with formal documentation.

Comments: Kalen.McCain@southeastiowaunion.com