Christian County Circuit Judge John Atkins will likely decide the method by which the winner of the Ward 7 Hopkinsville City Council Republican primary will be decided.
Through his attorney Ben Fletcher, candidate Mark Graham filed a petition for the recount Friday afternoon in Christian County Circuit Court. The county board of election and Graham’s opponent, Doug Wilcox, are named as respondents in the action. Election returns had Wilcox with 185 votes and Graham with 184.
Graham maintains in the recount request that some Ward 8 voters were given a Ward 7 ballot and improperly voted in the race. The News Edge was the first to report Wednesday morning that some issues had arisen in Tuesday’s primary election. County Clerk Mike Kem said 109 voters from Ward 8 cast ballots in the Ward 7 race.
Kem said the issues resulted from an error with the Tennex software program that is used for logging in voters and determining what ballot they receive at the voting centers. He added the mistake was not made by the poll workers.
A conclusion issued by Attorney General Daniel Cameron Friday said a candidate contest under state law would provide for the presentation of evidence before Judge John Atkins. He would then decide how to proceed.
It’s the second time in four years that a recount has been requested to confirm the election count in a Christian County race. Jack Lackey requested a recount in the District 6 magistrate’s race after losing to Phillip Peterson by two votes in the general election. The recount confirmed the margin and results and gave Peterson the win.
However, Fletcher says this incident is different because it involves voters who cast votes who may not have been eligible.
click to download audioOnce the recount is held and the vote count confirmed, Fletcher says Judge Atkins will then decide on the method to determine the winner.
click to download audioAny candidate may request a recount of ballots by filing a petition with the circuit court within 10 days after the day of the primary election.
KRS 120.055 provides for the contest of a primary election that may be filed in circuit court jointly with a recount request within 10 days of the day of the primary election. The judge may examine witnesses orally or permit parties to take evidence by depositions.
No date for the recount requested by Graham has been announced.
