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PENN TOWNSHIP — It looks like the Aug. 6 primary election isn’t quite over for one Cass County township. 

Cass County Clerk/Register Monica McMichael confirmed Thursday that the contest for the Republican nomination for Penn Township Treasurer ended in a tie.

McMichael said that a mistake on state voter software caused local township officials to turn away a voter on Election Day and tell the woman that she was not eligible to vote in the township. She said it was a situation where state voter software had the person living in Calvin Township rather than Penn Township.

The person appealed and was later allowed to cast a vote. That one vote resulted in incumbent Paul Rutherford and challenger Jodi Bucher each getting 281 votes. Rutherford was previously thought to have won the race, with 281 votes to Bucher’s 280 votes.

The township had a 48 percent turnout for the August primary election with a total of 629 people voting. McMichael said there were actually two people turned away on Election Day but the other person was able to provide information that day to prove he could vote there. The state’s voter software has since been corrected for both people.

McMichael said Thursday that the Board of Canvassers met Tuesday to certify the Aug. 6 vote and to handle the situation with the tie-vote. She said Bucher has petitioned to have a special election called to resolve the tie vote.  State law allows for a new election only in special circumstances when a voter has been denied the right to vote.

According to McMichael, the plan had been to send out ballots for that one position Friday to township voters and ask them to mail or drop off the filled-out ballots within five days.

She said that all changed late Wednesday when she received a cease and desist letter from an attorney hired by Penn Township. She is now seeking advice on behalf of the county from an attorney specializing in elections on how to move forward.

She noted that time is of the essence as the November ballot has to be finalized soon.

     As for what happens next, she said there could be a recount if there is no mail-in election. If there is still a tie after either the mail-in election or a recount, the two candidates will each draw a slip from a bowl with one saying elected and the other not elected.

     The situation isn’t sitting well with at least one township resident. Sheila Witous spoke at this week’s township board meeting and asked Rutherford to concede the election to Bucher. She said doing so would save the cost of a special election or lawsuit and bring healing to the community after a divisive race.

She said she and others are concerned that Rutherford who is 80 and served more that 30 years on the board might resign after the election and the board would then appoint someone to fill the post. She said such a move would inappropriately take the decision out of the hands of the voters.