ELDRIDGE, Iowa – A candidate’s lawsuit challenging the outcome of her failed bid for the Pleasant Valley School Board has been dismissed by a judge in Scott County. The judge ruled that the candidate failed to follow the proper procedure for filing an election challenge as required by state law.
Tracey Rivera, an incumbent board member, ran in the election as a write-in candidate due to an issue with her nominating petition. On Election Day, she was declared the loser by a margin of six votes. However, a subsequent recount by a three-member panel resulted in a dead tie.
The recount’s findings were disputed when one panel member objected, claiming that improperly marked votes had been included. As a result, the Scott County Board of Supervisors rejected the recount and declared Jameson Smith the winner. The Iowa Secretary of State’s Office later admonished the board for including the incorrect ballots.
Rivera filed a lawsuit against the county, arguing that the supervisors did not have the authority to reject a lawful recount and that the race should have been decided by a coin flip. However, both the county and Smith, who intervened in the case, requested the court to dismiss the lawsuit.
Judge Mark Fowler granted their request, citing the lack of an alternative legal avenue for relief. He explained that Iowa law allows candidates to initiate an “election contest” within 20 days, but Rivera failed to do so. Fowler concluded that since she did not pursue another available remedy, her petition must be dismissed.
Representatives for Rivera expressed disappointment with the judge’s decision, stating that the county board had failed in their duty to accept the recount board’s findings. On the other hand, Attorney Alan Ostergren, who represented Smith, applauded the ruling and criticized the faulty recount process.
The lawsuit stemmed from a contentious election that raises questions about the integrity of the voting process and the role of recount boards. The court’s decision leaves lingering concerns about the fairness and accuracy of elections in Iowa. As candidates and voters strive for transparency and equal representation, it remains to be seen if any changes will be made to prevent similar disputes in the future.
In the wake of this legal battle, it is clear that the outcome of an election can have significant consequences and that the rules and procedures governing the electoral process must be followed meticulously. While this case has been dismissed, its impact on the community and the candidates involved will continue to reverberate.