WASHINGTON

The Highland school district worked hard to secure the votes needed to pass a bond referendum in November 2024, and it appeared they had succeeded, with 61% of the 2,281 votes cast favoring the $15 million bond that would improve school facilities without raising the current $2.70 debt service levy. However, any victory dances were quickly quelled when it came to light that 96 incorrect ballots were distributed to voters in the Ainsworth precinct who weren’t school district residents.

Washington County officials conducted the Nov. 5 general election canvass and certified the results in late November, which showed a mere 22 votes nudged the referendum into passing. That should have put Highland in the clear to proceed with plans for a new multipurpose facility, entrances to the elementary school, and other upgrades, but that is not the case, as Ainsworth resident Ron Greiner submitted a petition challenging the election outcome.

“I just want a fair deal,” Greiner said in an interview after submitting the petition, as reported by the The Union. “It needs a new election because it wasn’t done properly.”

It is unknown whether non-district voters in Ainsworth, who had no stake in the outcome, made a difference in the bond measure’s passage; however, the challenge process will move forward. On Monday, Dec. 30, stakeholders and judges met for an informal pre-trial conference where a trial date of Jan. 15 was set.

According to Iowa law, the process must continue as follows: the election challenge will be heard in a “contest court” where the case will be evaluated by three representatives who can subpoena witnesses and issue a legally binding decision. There will be no conventional judge; instead, a representative chosen by the petitioners (in this case, Rob Greiner), a representative with “interests adverse to those petitioners” (Dan Ruth, Highland school board vice president), and a third neutral party (Richard Gaumer, retired Ottumwa-based attorney) will hear and decide the case.

“We’re not going to get real formal, but we’re supposed to follow reasonable rules of evidence,” Gaumer said, as reported by The Union. “Our job is to treat everybody fairly, and listen to the evidence that is presented to us and make a decision. . . It may be a 2-1 vote, or it may be a 3-0 vote, but we’re going to make a decision.”

Should the contest court nullify the election results, a special election for the Highland bond would likely be held at a later date.

That’s likely a concern for Highland officials, as turnout may be lower than it was for the November 2024 election, which included a motivating presidential race on the ballot.

Highland school district attorneys have filed a motion to dismiss the complaint, arguing that while Greiner filed his 29-signature petition on time, he failed to pay the $3,000 bond until after the 20-day deadline. The contest court will make a decision on whether these grounds are valid on Jan. 15 before proceeding with the election challenge, should that still be valid.