The Indiana Election Commission left Alexandra Wilson on the ballot Tuesday in the race for Indiana Senate District 38, following a Clay Circuit Court order sending the matter back to the commission for further review.
The decision preserved the status quo in one of the more closely watched ballot-access disputes of the 2026 primary cycle, keeping Wilson in the SD 38 contest centered in Vigo County and the Terre Haute area.
The commission’s action followed a Clay Circuit Court order remanding the case so election officials could consider evidence that Wilson’s prior felony conviction had been expunged by the Vermillion County Circuit Court.
The dispute began when Vigo County voter Jeffrey Gallant challenged Wilson’s certification on February 13, arguing that she should be disqualified from the SD 38 ballot.
When the Election Commission first heard the challenge on February 25, the four-member panel split 2-2 on whether Wilson should be removed from the ballot. Because no majority was reached, the commission took no action, effectively leaving Wilson in the race.
Gallant then sought judicial review in Clay Circuit Court.
In its order, the court did not remove Wilson from the ballot and did not affirm her candidacy outright. Instead, the judge remanded the case to the commission, finding that the agency had not previously considered evidence that Wilson’s conviction had been expunged.
The order also highlighted a key point of Indiana election law, noting that a candidate is not disqualified from running for office if the felony conviction has been expunged.
That language appeared to provide the commission with a clear legal basis for keeping Wilson on the ballot in the SD 38 race.
Tuesday’s decision also came after early voting had already begun across Indiana, a practical reality that likely factored heavily into the commission’s deliberations.
Election officials are generally reluctant to alter ballots once voting is underway unless required by a clear legal mandate, particularly in a legislative race where ballots have already been printed and votes may already have been cast.
The earlier 2-2 split also remained significant.
Unless one commissioner materially changed their position after reviewing the expungement paperwork, another split or a decision to maintain the status quo remained the most likely outcomes.
Politically, the decision keeps the focus squarely on the SD 38 race, which has drawn increased attention because of the legal challenge and the broader questions it raised about candidate eligibility and expungement under Indiana law.
For voters in Senate District 38, however, the practical result was straightforward: Wilson remained on the ballot, and the race moved forward as early voting continued.
While additional legal action remains possible, Tuesday’s ruling strongly suggested that the issue had, at least for now, been resolved in favor of allowing voters in SD 38 to decide the race at the ballot box.
