The McCreary County Record

Local News

October 3, 2012

Still Dry

Three “No” votes gained in wet-dry recount

WHITLEY CITY —  Despite a rainy beginning to the week, McCreary County remains dry.

    A team from Harp Enterprises was in the county Friday to assist with the recount of votes cast in the August 28 alcohol sales referendum.

    The recount stemmed from a civil lawsuit filed by Scottie Morrow and more than 20 other citizens against the McCreary County Board of Elections. The legalized sale of alcohol was defeated on election night by a margin of 2,532 to 2,485 — a mere 47 votes. But plaintiffs alleged that several wet supporters were wrongfully prohibited from voting and are seeking to void the election.

    While McCreary Circuit Judge Dan Ballou has yet to issue a final ruling on the case, he did agree that a recount should be conducted by October 3 in order that the voting machines could be readied for the November General Election. The plaintiff’s were also ordered to secure a $10,000 bond to cover costs.

    Initially scheduled to start Friday at 9 a.m. in the McCreary Circuit Courtroom, the recount got off to a rocky start when Harp representatives realized that neither a judge was present nor a signed order available to direct them on how exactly to conduct the recount.

    “There are several different ways to go about it,” Joe Harp explained. “Usually a judge directs us but the board of elections could possibly oversee the process.”

    With board members — County Clerk Eric Haynes, Sheriff Gus Skinner, Tim Corder and Ralph Murphy — named as defendants in the suit, they declined to actively participate without a judge’s direction. With presiding judge Ballou unavailable, plaintiffs’ counsel Tim Allen worked with County Attorney Michele Wilson Jones on an agreed order which was ultimately signed by Circuit Judge Paul Winchester.

    When the group reconvened at noon, a three-person team had been assembled to tally printouts from each machine’s memory card. Harp also retrieved and secured the actual ballots.

    The whole process took more than four hours without a change in the final outcome. The tally was changed to include three additional “No” votes — increasing the margin of victory ever so slightly for dry supporters.

    The results of the recount and related evidence has been turned over to the McCreary Circuit Clerk’s Office to secure as the case continues. At press time, a new hearing date has yet to be scheduled.

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