A legal challenge that could determine whether two candidates with nearly identical last names appear on the same Republican primary ballot is now before a Clay County judge, adding another twist to an already unusual Indiana Senate race.
The dispute centers on the Republican primary for Senate District 38, which covers Vigo, Clay, and parts of Sullivan counties. The race was originally expected to be a contest between incumbent Republican Sen. Greg Goode and Vigo County Council member Brenda Wilson.
But the late entry of a third candidate, Alexandra Wilson, created what some observers have called the “two Wilsons” problem — two candidates with nearly identical last names appearing on the same ballot.
Supporters of Brenda Wilson argue the situation risks confusing voters.
Attorney James Bopp Jr., who represents Vigo County voter Jeffrey Gallant in the legal challenge, has described the situation as a “classic political trick,” arguing that the ballot placement and identical last names could mislead voters.
The legal challenge itself centers on a 2010 Vermillion County case in which Alexandra Wilson pleaded guilty to resisting arrest. The charge was originally filed as a Class D felony but was later reduced to a Class A misdemeanor.
Bopp argues that under Indiana Code 3-8-1-5, a person who pleads guilty to a felony is disqualified from holding public office even if the offense is later entered as a misdemeanor judgment.
Wilson’s attorney, Samantha DeWester, argued before the Indiana Election Commission that the statute does not apply because the final judgment in the case was a misdemeanor, not a felony.
The four-member Indiana Election Commission split 2-2 on the challenge during a February 25 hearing. Under Indiana law, the tie vote had the effect of denying the challenge and allowing Wilson’s name to remain on the ballot.
The matter is now before the Clay County Circuit Court through a petition for judicial review filed by Gallant.
In filings with the court, the challenger argues the Election Commission misinterpreted Indiana’s candidate disqualification statute and asks the judge to reverse the commission’s decision and order Wilson removed from the ballot.
Because absentee ballots for the May primary must be mailed by March 21, the challenger has asked the court to expedite the case. The proposed schedule calls for briefing to conclude this week, a hearing by March 13, and a ruling by March 17.
Both sides have agreed that the court can decide the case based on the existing record from the Election Commission hearing, including the transcript and exhibits submitted during that proceeding. That agreement suggests the case will turn largely on legal interpretation rather than factual disputes.
The Indiana Attorney General’s office has entered the case on behalf of the Indiana Election Commission.
State attorneys initially filed a motion asking the court to dismiss the case on jurisdictional grounds, arguing that candidate disqualification appeals must be filed directly with the Indiana Court of Appeals. That motion was later withdrawn after the state said it had been filed in error.
Meanwhile, the challenger has also asked the court to formally add Alexandra Wilson as a party to the lawsuit because she participated in the Election Commission proceedings.
Wilson, who has publicly rejected suggestions that she entered the race to influence the outcome between Goode and Brenda Wilson, said the past several weeks have been difficult.
“The last five weeks have been wild,” she said in an interview, describing the situation as “disappointing and disheartening.”
She also said she has faced political pressure to reconsider her candidacy but declined to discuss specific details while litigation is ongoing.
With early voting less than a month away, the court’s ruling could determine whether the Republican primary ballot in Senate District 38 ultimately includes two candidates named Wilson — or just one.
Disclosure: The publisher of Indy Politics has personal relationships with Sen. Greg Goode and attorney Samantha DeWester.
