New trial date set for Highland bond appeal

WASHINGTON — An appeal case for the challenged Highland bond election outcome will get a one-hour hearing on April 15, after a judge agreed to reset the schedule and cancel a previously planned 15-minute hearing on April 4.

In an order signed by Eighth District Judge Crystal Cronk March 13, the court said that “good cause exists” to reset the hearing, which is now set to start at 9 a.m. April 15. The appeal will be heard alongside a request for summary judgment starting at the same time.

It’s the latest update in a case that could overturn the passage of a bond referendum Highland school officials say is essential to adequately fund improvement projects like additional classrooms, an upgraded commons area at the high school, and an expanded multipurpose facility, among other things.

Funded by a $15 million levy that wouldn’t raise property taxes above the status quo, the bond scraped by with a margin of 22 votes on Election Day in 2024. But county officials later reported that poll worker error in Ainsworth allowed up to 96 voters from outside the district to cast ballots in the race, despite having no standing in it.

The outcome was challenged by a handful of petitioners, bringing the election result to a contest court where panelists voted 2-1 that the outcome should be upheld.

Contest court judges cited a section of state code allowing elections to be overturned only if disregarding every vote in a disputed precinct would change the overall result. In this case, it would not: ballots at every other precinct still added up to a passing margin for the bond issue, with or without the inclusion of Ainsworth’s in-person voters.

County election staff at the time added that they couldn’t determine whether the 96 improperly distributed ballots were filled out on the bond question, nor could they determine who received the ballots or how they voted, once they were cast.

Opponents, including contest court judge and petitioner Ron Greiner, said the ruling overlooked the reality of an election result potentially influenced by ineligible voters. He also argued that other judges’ decision to disregard the Ainsworth precinct’s results disenfranchised voters there, saying the school district shouldn’t play along.

“Having already closed the Ainsworth school building, apparently the Highland school board is no longer interested in including Ainsworth,” he said in a statement, a few hours after the decision. “Enrollment at Highland is already (lower) than when they closed our building. Ainsworth parents should think carefully about where they want their children to attend school.”

Comments: Kalen.McCain@southeastiowaunion.com