Commonwealth Journal

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May 29, 2014

Results stay the same after recanvass

Somerset —

Two recanvasses, requested by constabulary candidates who lost in the May primary elections, have revealed no discrepancies in the votes cast. “It’s still the same results,” said Pulaski County Clerk Ralph Troxtell. “Not one vote was changed.” Richard L. New, the incumbent candidate for 4th District Constable, and 3rd District Constable candidate Travis Gillilan both requested a recanvass after the results of the May 20 primary elections were confirmed last week. New came in second to nominee James Mayfield by seven votes — garnering 685 votes compared to Mayfield’s 692. Gillilan finished second to nominee Brad Wilson by a 467-vote margin. Wilson brought in 1,288 votes while Gillilan received 821 votes. A recanvass is done at no cost to the candidate or candidates making the requests. Recanvass of votes is a relatively simple procedure. The local board of elections checks computer tapes from each precinct involved in the recanvass request or requests. The board carried that process out on Thursday morning. More expensive and a deeper analysis of an election are a recount of votes and contest of an election, both circuit court procedures. Troxtell said there were no indications Thursday that a recount or contest of the election would be requested. Any candidate or slate of candidates may request a recount of ballots by filing a petition with the circuit court within 10 days after the day of the primary election. For the May 20 primary election, deadline would be today. When the bond and surety for costs are filed, the circuit clerk must immediately notify the circuit judge of the request and filing of the bond by the candidate or candidates making the request. The circuit judge then enters an order directing custody of the voting machines, the ballots, boxes and all papers pertaining to the election, and directing that these election equipment and documents be transferred to circuit court. The judge also must immediately fix a day for the recount proceedings, according to KRS 120.095. On the day fixed, the circuit court recounts the ballots and completes the recount as soon as possible. The judge will then file and put the results on record, and direct the county board of elections to issue a certificate of election to the entitled candidate as shown by the recount, KRS 120.095 says. KRS 120.055 provides for 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 (May 30). A circuit judge in a contest proceeding may examine witnesses orally or permit parties to take evidence by depositions. If evidence is found of fraud, intimidation, bribery, or violence in the election by a candidate, the nomination can be vacated as per a judge’s ruling. Heather Tomlinson is a staff writer for the Commonwealth Journal. She can be reached at

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