The lawsuit contesting the election results for the 111th District in the Kansas House of Representatives was dismissed Thursday morning by agreement of both sides, according to a court filing today.
“The parties agree that proceeding to trial in this matter would not be in the interest of judicial economy, and as a result, the parties jointly move the Court to dismiss this election contest with prejudice,” the journal entry filed in Ellis County District Court reads.
Dismissal with prejudice means the judgment is final and the contestants cannot bring action on the same claim.
Seven registered voters in Ellis County, including former Democratic state Sen. Janis Lee, filed the election contest Dec. 10, asking the court to examine data from the county’s 12-year-old voting machines after Republican Barb Wasinger was declared the winner over Eber Phelps by 35 votes in the Nov. 6 general election.
Hays attorney John Bird had obtained data from the county’s 69 iVotronic touch-screen voting machines and sent it to Duncan Buell, a voting machine expert in South Carolina.
In his analysis of the data, he found no evidence of calibration, a fact noted in the court’s journal entry on the dismissal.
Wasinger, who appeared at the hearing Thursday by phone, gave a statement to The Hays Daily News via text message:
“Just as I have since Election Day, the canvass, the recount and now the dismissal, I look forward to serving my constituents in the 111th District in the State Legislature.”
Phelps, reached early in the afternoon by phone, said he had not yet heard the contest had been dismissed and reiterated his concerns with the accuracy of the voting machines.
Updated 4:30 p.m. with comment from Wasinger, Phelps.