Coin Toss Decides District 4 Magistrate’s Race

On Thursday morning, a coin toss decided the outcome of the Union County District 4 magistrate’s race. That comes after a one margin vote first showed Ehren Shaffter as the winner in the May 19, primary, but the report of a person voting on an incorrect ballot forced a recount. Following a recount, a hearing, and much research, with the toss of a coin and the call of “tails”, Ehren Shaffter won the tied race Thursday.

 Following the May 19, primary, Schaffter had a one vote margin over incumbent Dakota Jones and Schaffter was initially declared the winner, but a voter came forward saying she was goven an incorrect ballot at the polls and had cast her ballot in a magistrate’s race in which she was not eligible to vote.  Clerk Garrick Thompson reported the issue, noting a “coding error” when her name was placed on the voting registration.  A recount of the votes was ordered on June 5, with the results of the race remaining the same–166 for Shaffter and 165 for Jones.  Judge Daniel Heady who oversaw the recount then called for an evidentiary hearing which was held last Friday. After hearing testimony from multiple individuals, Heady ruled that single vote be discarded, leaving the race in a tie at 165 to 165. The judge also noted that Kentucky law is clear that a tie should be broken “by lot” which in Kentucky typically means a coin toss.  Heady did offer another option which was for both candidates two withdraw and and enter the race as write-in candidates, but he also cautioned that could be a “minefield.” 

Initially, both candidates indicated they would prefer the write-in option; however, on Thursday in a called meeting of the county board of elections, Thompson said after talking with members of the state board of elections and the secretary of state, and reading the KRS related to tied races, he would recommend that the county follow the KRS and decide the race by the toss of a coin.  After discussion, board members Pat Donahue, John Mark Brown and Kathy Stevens standing for Sheriff Jason Thomas concurred with Thompson

Jones was present at the meeting the hear the discussion, and Thompson spoke with Schaffter on speaker phone to discuss options for the toss.  Jones preferred it take place as soon as possible, and Schaffter made arrangements to leave work and come to the courthouse for the toss.  Although Jones had the option to make the call when the coin was tossed, he deferred to Schaffter who said he had always heard to call “tails” which he did.  Thompson flipped the silver dollar with the Liberty Bell side landing upward–giving Schaffter the win.