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Verdict reached in Highland bond appeal
Judge concedes ‘harsh and arguably arbitrary result,’ but rules in district’s favor
Southeast Iowa Union offers audio versions of articles using Instaread. Some words may be mispronounced.
WASHINGTON — A district judge has ruled in the Highland school district’s favor, upholding the Election Day passage of a $15 million bond by 22 votes, even though at least 70 ballots in they race were mistakenly cast by voters who didn’t live in the school district.
In the ruling filed Tuesday afternoon, District Judge Michael Carpenter said he disagreed with some of the arguments made by school district lawyers, but that petitioners challenging the election had skipped a crucial step: providing a name for every allegedly invalid voter, as required by state law.
Carpenter said petitioners’ efforts to circumvent that requirement weren’t supported by Iowa Code, and that the election’s challengers, “are trying to proceed under a scheme of their own devise that eliminates the special pleading requirements” of the law.
“There is nothing wrong with such a scheme, except for the critical fact that it is not a scheme provided by the legislature,” he wrote. “The scheme provided by the legislature requires the parties to list the names of the voters who have cast illegal votes. Whether, right, wrong or indifferent, this is the scheme the legislature chose.”
The judge went on to explain other considerations of the ruling, and said he sympathized with the likely frustration of challenge petitioners.
“The Court acknowledges that this is a harsh and arguably arbitrary result,” Carpenter wrote. “It is undisputed that illegal votes were cast in numbers sufficient to change the result of the election … and the testimony of the individual voters is simply not necessary to carry that point.”
Barring another round of appeals that could extend the legal battle, the ruling clears the way for Highland schools to move forward with a $15 million bond issue, and uphold the property taxes to pay for it over the next 20 years, maintaining the district’s current $2.70 debt service levy set by the last bond vote in 2019.
School officials say they plan to use the money for major facility improvements, including a new high school commons area, locker rooms, secure entrances and other building upgrades.
For more information on the ruling, look for an article in the Tuesday, May 6 edition of the Southeast Iowa Union.
Comments: Kalen.McCain@southeastiowaunion.com
