TERRE HAUTE, Ind.  – A hearing on a local ballot dispute began Monday afternoon.

Tess Brooks-Stephens is running against Cheryl Loudermilk in the Democrat primary for District 3 on the Terre Haute City Council.

Brooks-Stephens contends that her hyphenated last name begins with “B” but she was listed by her second last name instead behind Loudermilk.

Court Clerk Brad Newman was called to the stand Monday as was and Indiana State Police detective.

Newman had previously claimed that Brooks was listed on her candidate filing form as a middle name. On the stand the form was shown and he admitted that it looked like a D for Denise, her middle name was visible and had been whited out and not B for Brooks.  The Indiana State Police detective agreed.

Brooks-Stephens says that the only correction she made happened in the office and was an incorrect address and that someone else changed her name listing.

Brooks-Stephens attorney Chris Gambill says that the reason this is so important is that studies show that the first name on the ballot in a race will have up to a 10% advantage among undecided voters.

This hearing continues Tuesday. A decision is not expected by the judge in court.