Judge Joel Roberts dismissed Democrats' petition for a special election today, Republican Party Attorney David Brooks said.
Democrat Party Attorney Michael Quirk filed the petition after Jim Mansfield's 11-vote victory over Republican Sharon McShurley was overturned in an official recount last December, he said.
The petition was filed more than a month after its statutory deadline, which is one of the reasons Republicans filed to dismiss the case, he said.
Democrats were required to file no later than 14 days after the general election, but waited until Dec. 27, Brooks said.
Judge Roberts decided because Democrats had no right to a special election because they filed late, Brooks said.
"We were very pleased with the verdict," he said. "We thought the petition was frivolous from the very start."
The Democrats can appeal the dismissal and file other actions regarding the November election, Brooks said.
"In either event, we're confident Sharon McShurley will remain the mayor of Muncie," he said.
Roberts presided over the case in response to Republicans' request for a change of judge from Judge Wayne Lennington of Delaware County, Brooks said.
Roberts normally hears cases in Portland, Ind., he said.
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