Judge Joel Roberts dismissed Democrats' petition for a special election today, according to Republican Party Attorney David Brooks.
Democrat Party Attorney Michael Quirk filed the petition after Jim Mansfield's 11-vote victory over Republican Sharon McShurley was overturned in an official mayoral election recount last December, he said.
The petition was filed more than a month past its statutory deadline, which is one of the reasons Republicans filed to dismiss the case, he said.
Judge Roberts decided because the Democrats filed their petition late, they had no right to a special election, Brooks said.
Mayor McShurley said she was pleased with the verdict.
"We thought the petition was frivolous all along," she said. "I'm glad that part is over. It's one less thing in the back of my mind."
McShurley said she was ready to get past election issues and focus on the Muncie community.
"Now we can continue moving forward as we have been," she said.
Brooks said the Democrats could still appeal the dismissal and file other actions regarding the November election.
"In either event, we're confident Sharon McShurley will remain the mayor of Muncie," he said.
Neither Democratic candidate James Mansfield, nor his attorney Michael Quirk could be reached for comment.
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