UPDATE: A ruling on Tracey Rivera’s suit against the Scott County Board of Supervisors, defendants, and Jameson Smith, intervenor-defendant, has been dismissed, according to court documents.

“After having considered the argument and pertinent filings of all parties, the Defendant’s and Defendant-Intervenor’s Motion to dismiss is granted,” documents dated March 13 say.

“Rivera could have filed an election contest but failed to do so,” according to the ruling. “Rivera alleges the Board of Supervisors wrongly certified the original election result which awarded the position to Smith,” documents say.

“Because she did not avail herself of another plain, speedy, and adequate remedy at law; Rivera’s petition for a writ of mandamus must be dismissed.”

A writ of mandamus asks a higher court to order the lower court to rule on an issue, but doesn’t tell the judge how to rule. When someone files a petition for a writ of mandamus, they must show they have no other remedy available.

EARLIER: Tracey Rivera, a Pleasant Valley School Board write-in candidate, has filed a lawsuit against the Scott County Board of Supervisors for its rejection of election recount results.

The board (comprised of Ken Beck, John Maxwell, Jean Dickson, Ross Paustian, and Rita Rawson in their official capacity) is named as a defendant in the suit filed Dec. 22 in Scott County Court.

The board, the suit says, is responsible for certifying the finds from election recounts, according to Iowa law.

The action concerns the certification of the recount of the November 2023 general election for the school board.

The recount

Rivera asked for a recount of the Nov. 7 election results. Rivera designated Arun Pillutla for the recount board, and Candidate Jameson Smith designated Cyndi Diercks for the recount board. Chief Judge Henry Latham appointed retired Judge Mark Smith as the third member.

On Nov. 27 and 28, the three-person panel conducted a recount. Diercks announced a tie of 255 to 255, the suit says.

The Scott County Auditor “made a statement to the Board of Supervisors and reported the recount resulted in a tie,” the suit says, stating “Since there is a tie, a drawing must be held to determine the winner.”

The suit claims the board voted 3-2 to reject the election result of a tie “and knowingly proceeded outside of its jurisdiction and the law,” and did not give Rivera “an equal opportunity to serve on the Pleasant Valley School Board.”

The suit says the Board of Supervisors’ vote is “contrary to Iowa law” and “Iowa law does not permit the Board of Supervisors to reject a recount board’s report.”