Democrat James Mansfield refuses to give up his battle for mayor of Muncie, Indiana. Mansfield announced on April 23, 2008, that he would ask the Indiana Court of Appeals to review an election deadline he believes is unconstitutional.
At the heart of the dispute is Precinct 46 - Mansfield was the presumptive winner of the election until December 20th, when a re-count uncovered 19 flawed absentee ballots, the majority which contained Mansfield votes.
The recount resulted in Mansfield's challenger, Republican Sharon McShurley over taking Mansfield in the vote count. McShurley took office on January 1st, 2008. Mansfield's case is unusual, because he was originally certified the winner in a narrow election victory in a November 20th election board hearing. Even after the 14 day presumptive deadline had passed, Mansfield was still the presumptive winner of the General Election.
The absentee ballots in Precinct 46 were dismissed because they were not properly endorsed according to Indiana election law. It remains unknown who is responsible for the errors or who is at fault. Indiana election law requires a political appointee from each party, to mark absentee ballots with their initials before mailing them to voters. The ballots only had one inital, which belonged to a Democrat.
Mansfield had 14 days according to Indiana law to call for a special election.
Election Results: http://www.munciefreepress.com/node/18132