District 4 Magistrate’s Race Ruled a Tie

DISTRICT 4 MAGISTRATE’S RACE DECLARED A TIE

After a week of recounting ballots in the District 4 magistrate’s race which appeared on the May 19, and hearing testimony from the county clerk, a deputy clerk, the voter who cast an improper ballot due to a clerical error, Judge Daniel Heady issued a ruling today, Friday, June 12, that declares the race ended in a tie between Ehren Schaffter and Dakota Jones. In a nine-page opinion, Heady provides a summary of how the error was made, when the error was determined, and the recount proceedings that followed. On June 5, three recount officials provided by the Union County Board of Elections conducted a manual and hand recount of all 18 voting machines. The result of that recount remain the same as the findings of the original vote count at the conclusion of the May 19, election. Heady’s opinion also notes that on June 9, an evidentiary hearing was held to further address the issue of the contested/improper ballot in question. Heady heard testimony from four individuals including the person who reported she had been given an incorrect ballot. Both Jones and Schaffter were also allowed to make statements. Following that hearing the court instructed the clerk file of record and under seal a copy of all 336 voters who cast votes in Magisterial District 4 and verity that those voters were properly registered and indexed in the correct voting district. Jones and Schaffter were also allowed to review the list to determine whether they recognized the names of any other voters who might have moved or for other reasons should not have been allowed to cast a ballot. On Friday (today) Thompson testified that all entries had been reviewed and other that the ballot one in question, were properly registered in the correct district.

Heady noted in his opinion that due to the clerical error, the ballot in question is improper and invalid; thus, that vote was rejected, reducing the total vote count for Schaffter from 166 to 165, tying the 165 votes cast for Jones. Under Kentucky law, in the case of a tie vote, the board of elections may determine the winner of the race “by lot.” Typically, the tie breaker has been conducted by the toss of a coin, but that must be determined by the Board of Elections. In his findings, Heady says that to avoid the unpleasantness of allowing the flip of a coin, there is another option for the candidates. Schaffter and Jones could agree to both withdraw and file as write-in candidates in the November general election. Heady did caution, however, that they must do so before the Board of Elections makes a determination and not only would both candidates have to agree, the matter would also have to be agreeable to the local board of elections, political bodies, and potentially by the Kentucky Secretary of State and the State Board of Elections. He further cautioned that should both men opt to run as a write-in, there is the possibility that additional write-in candidates could also file. In his final remarks, Heady added that there are “potential minefields or obstacles involved with this alternative to which he is not aware, and so candidates are forewarned again that the best course of action may ultimately be the simplist and easiest, and exactly what the law directs, which is to just flip a coin as each candidate would have an equal 50/50 chance.” THE FULL VERSION OF THIS STORY WILL APPEAR IN THE JUNE 17, ISSUE OF THE STURGIS NEWS