Judge orders second recount in Jeffersonville City Council race - WDRB 41 Louisville News

Judge orders second recount in Jeffersonville City Council race

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JEFFERSONVILLE, Ind. (WDRB) - Months after voters cast their ballots, the race for the third seat of Jeffersonville City Council at-large is still underway. 

"He came out on top election day," attorney David Mosley said about his client, Democrat Josh Rodriquez. 

Since Rodriquez won by only a handful of votes in November, there was a recount. That led to a new winner in December, Republican Steve Webb. 

"The recount was defective. It was really messed up, it was a huge mess all the way through," Mosley said. 

He says both Republicans and Democrats had people on recount teams, which led to problems. 

"Then it became a contest, I think, and sort of went off the rails, in my opinion," he said. 

Mosley appealed the outcome and says a local judge has ruled that there should now be a second recount. 

But Webb's attorney, Larry Wilder, says he also plans to file an appeal. 

"Only because if we have another recount, then these are the same legal issues that are going to be raised in the new recount," Wilder said. 

He says a higher court needs to weigh in on several things, like whether the absentee ballots should be thrown out. Wilder claims they were improperly handled. 

He also wants to know if a recount is the appropriate next step. 

"It's our position that procedural error, which is what the basis was, there wasn't evidence that indicated the error was so profound that it made the underlying recount commission's findings erroneous," Wilder said. 

As the political-turned-legal battle wages on, Webb's future on City Council is unclear. 

He was sworn-in in December, but Mosley says he'll ask the court to remove him until an official winner is declared. 

According to Wilder, Webb should keep his seat until all of the issues are resolved. 

If the recount does move forward, Mosley says the judge will appoint new recount commissioners. 

As for a timeline, he says it would start this weekend and last for about two weeks. 

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