COLUMBUS — A razor-thin Republican primary for the Bartholomew County Council District 2 seat has escalated into a protracted legal battle involving a petition for a special election, multiple judge recusals, 13 witness subpoenas, and a civil defamation lawsuit.
In the May primary, incumbent County Council President Leah Beyer secured the GOP nomination by just seven votes, defeating challenger Mark Bense in an 868-to-861 finish. Bense, a self-employed farmer and trucking company owner, drew more Election Day votes (629 to 578), while Beyer maintained her lead through early and absentee ballots (290 to 232).
The political contest took a personal turn when Bense filed a civil defamation lawsuit against Leah Beyer and her husband, Matthew Beyer, in Bartholomew Superior Court.
The suit centers on a comment posted by an anonymous user—”Anonymous participant 142″—in a Facebook community group called “Columbus Man”. The comment accused Bense of past physical violence toward his father and included a screenshot of an online court record showing a separate civil suit Bense had filed against his father.
According to court filings, the Facebook group moderator informed Bense that the account behind the anonymous post was tied to Matthew Beyer. Bense’s complaint alleges the comment caused severe damage to his reputation, embarrassment, and emotional distress.
“When I believe someone has crossed the line or violated the law, I will use every lawful avenue available to seek accountability, including legal action,” Bense said. “I am not looking for revenge. I am looking for accountability, fairness, and justice.”
Leah Beyer declined to address the specifics of the Facebook post on the advice of legal counsel, noting she has Bense blocked on social media and cannot view his posts.
Petition for Special Election & High-Profile Subpoenas
Bense’s initial petition for a recount, filed May 18, was dismissed by Jackson County Judge Richard Poynter due to improper procedural paperwork. Following that dismissal, Bense—who is representing himself pro se without an attorney—filed a second case on June 30 requesting a brand-new special election to determine the Republican candidate for the general election.
After three local judges recused themselves from presiding over the contentious case, Decatur County Special Judge Kenneth Bass assumed jurisdiction.
Attempting to build his case for a special election, Bense requested 13 subpoenas for witness testimony. The subpoena list includes prominent local and state figures:
- Diego Morales, Indiana Secretary of State
- Joseph E. McLain, Indiana Election Division Co-Director
- Richard Poynter, Jackson County Judge (who dismissed Bense’s initial recount petition)
- Shari Lentz, Bartholomew County Clerk
- Barb Hackman, Bartholomew County Treasurer and District 4 Council candidate
- Leah and Matthew Beyer
Bense maintains the testimonies are necessary to demonstrate election irregularities, though county officials note Bense has yet to present concrete evidence supporting his claims.
Motion to Dismiss and Upcoming Hearing
Beyer’s attorney, William Beggs, has filed a motion to dismiss the special election petition and is seeking to compel Bense to pay Beyer’s legal defense fees.
Beyer’s legal team argues the second lawsuit is barred under the legal doctrine of res judicata, which prevents parties from re-litigating a previously dismissed claim under a different label.
| Key Event / Milestone | Date | Details |
| GOP Primary Election | May 5, 2026 | Beyer defeats Bense by 7 votes (868–861). |
| Recount Request Dismissed | Late May 2026 | Dismissed by Judge Poynter for improper filing. |
| Special Election Petition | June 30, 2026 | Bense files secondary case asking for a new election. |
| Motion to Dismiss Filed | July 17, 2026 | Beyer requests dismissal and attorney fee reimbursement. |
| Defamation Suit Filed | August 5, 2026 | Bense sues Leah and Matthew Beyer over a Facebook comment. |
| Court Hearing Scheduled | September 18, 2026 | Special Judge Bass to hear motion to dismiss. |
Special Judge Bass is scheduled to hear arguments on Beyer’s motion to dismiss on September 18 at 2:00 p.m., less than two months before the general election.
