“Election integrity” is a term that has become an entrenched part of the political vernacular during campaign season.
While most everyone who participates in the campaign process, casts a vote, runs for office or believes in a democracy wants fair, credible and honest elections, the term “election integrity” can conjure up notions of fraud, malfeasance, compromised voting machines, stolen or missing ballots and more. The term is far too readily tossed around whenever a problem arises in the election process.
On Election Day in the City of Union, some voters in two precincts were mistakenly given the wrong ballot by poll workers. While my office and other agencies -including the Boone County Attorney, The Boone County Board of Elections and the Kentucky Board of Elections – continue to investigate the situation, I feel confident that the integrity of the election was not compromised and no election fraud was committed or even attempted.
Unfortunately, the situation was caused unintentionally by human error. I regret that mistakes were made and am deeply concerned that this took place. But my investigation has revealed that this was a mistake and nothing more sinister, nefarious or devious.
Despite in-depth poll worker training, it appears some voters were mistakenly given the wrong ballot by poll workers in two precincts. That is simplest explanation I can offer – some voters were given, and then voted, on the wrong ballots.
The mistakes occurred in two “split precincts.” These are locations in which voters from both inside and outside of the Union city limits vote at the same polling location, creating the need for two different ballots. This is different from “consolidated precincts,” which are locations in which more than one precinct vote at the same location. The “split precincts” involved in the Election Day errors at hand are single precincts in which voters may receive differing ballots depending on their residential address.
As soon as I learned of these potential problems on Election Day, I immediately removed the electronic ballot scanning machines from service in both locations. My office noted the time and then locked both machines so no more votes could be cast on those devices.
New machines were made operational at the precincts and the poll workers who were responsible for the mistakes were moved to different positions and replaced by deputy county clerks. All poll workers were then reminded of their training regarding the crucial importance of ballot distribution.
Many questions have been raised about the situation, including whether or not impacted voters will be able to recast their ballots. Because a candidate for Union City Commission has requested leave to file an election contest, that decision will be left to the courts to decide.
Questions have been raised why he Boone County Board of Elections certified the election results. The simple answer is that certification of the election was required by state law. Certification does not prevent a candidate or voter from pursuing an election contest.
There has also been an erroneous report that voters were unable to cast ballots in a polling location at Shirley Mann Elementary School.
The precinct at Shirley Mann Elementary School is what is known as a “ghost precinct. There are no voters within the City of Union that actually vote in the precinct. We are required to maintain the precinct in the event of future growth or other population changes, but on Election Day, no one voted there because no one in the City of Union is registered to vote there.
I have taken action to address this situation since Election Day. I pursued the only legal remedy I have as County Clerk by filing a petition for a recount in Boone Circuit Court. I stated plainly in my petition that a recount would not adequately address the mistakes made, but nonetheless, I set forth all facts known to me at that time to allow transparency and full disclosure to the public.
The Court denied my petition for a recount, reiterating as I did in my petition that a recount would be futile. At this time, I await an election contest, which may only be filed by certain candidates or voters, and I am prepared to participate fully and cooperatively.
As critical as it may be to address the situation at hand, it is equally as important to ensure this does not happen in the future. My office will continue to have vigorous poll worker training. I intend to request funding for ballot printers for every precinct to eliminate the possibility that poll workers may mistakenly hand out the wrong ballot to voters.
This office must and always will uphold the highest standard of transparency. This is why I immediately brought this unfortunate situation to light on Election Day and after.
Transparency is the foundation upon which integrity rests, and I will ensure the integrity of every vote and every election here in Boone County.
We are sorry that this mistake was made. But I am confident that as we work through the process and through whatever remedies are determined, the candidates and voters of Boone County will be assured our elections will are fair, open and credible.
Justin Crigler serves as the Boone County Clerk.