Vigo County clerk to mail Republican ballots after judge vacates stay

At an emergency meeting, the Vigo County Election Board heard legal advice and confirmed that absentee ballots will be mailed after a judge vacated an earlier stay affecting Republican ballots for District 38.

Leanna Moore, clerk for Vigo County, opened the meeting and said a Clay County court had entered an order asking counties not to mail Republican ballots for the May 5, 2026 primary. "There is currently a court case regarding the Republican race involving District 38 for the primary taking place on May 5th, 2026," Moore said. She told the board she had contacted the county attorney, the state election division and county party chairs and said it was her "personal opinion" that ballots should be sent to voters.

County attorney Terry Modesitt reviewed filings and the Clay County order but advised the board it could not safely instruct staff to ignore a court order. "One of those ethical guidelines is that we are not allowed to tell a client to disregard a court order," Modesitt said, warning that defying an order could expose county officials to contempt, including fines or jail.

Board members asked whether the Clay County order applied only to Republican ballots and whether the Clay judge had authority over Vigo County. Modesitt said the Clay order as written stayed the mailing of Republican ballots but noted there were legal arguments—jurisdictional and procedural—that could lead to the order being overturned in subsequent filings or on appeal.

During a brief recess the board considered counsel's recommendation and staff reported one email from a non-attorney on the Democratic side of the State Election Commission advising the county to follow the court order unless otherwise directed.

On returning, Modesitt reported receipt of a Putnam Superior Court order on an emergency motion to correct error, reconsider and vacate the earlier judicial order. Reading the text, he said the judge had ruled: "All stays and orders to cease the mailing of Republican absentee ballots are now void." Modesitt advised the board that, with that order, state statute controls and no board vote was necessary to resume mailing.

Moore confirmed the office would mail ballots the next day. "Both parties' ballots. Yep. All the ballots will be mailed out tomorrow," she said, noting the office had "a little over 400" Republican absentee ballots to send.

The chair then entertained a motion to adjourn; the motion was seconded, members voted by voice and the board adjourned.

The immediate outcome: the stay on mailing Republican absentee ballots for District 38 was vacated by the Putnam Superior Court order described above, and mailing was planned to resume the next day. The county may pursue intervention or other filings in the court system if further rulings occur.