Candidate appeals Fayette Circuit Judge’s decision in contested Lexington council race
.png "The candidates for Lexington-Fayette Urban County Council District 4 seat are (from left to right): J. “Brack” Marquette, Brenda Monarrez and Barry Saturday.")
A candidate in a disputed Lexington council race has appealed a Fayette Circuit Court judge’s ruling that said the top two vote getters in the May primary would move on to the general election despite a ballot mix-up.
Barry Saturday, who came in third in the Council District 4 race, wrote in an appeal filed this week that a special election should be called to determine who should run in the fall.
In July, Fayette Circuit Judge Thomas Travis ruled Brenda Monarrez and Brack Marquette, who finished first and second respectively, would be on the ballot in November.
“Respondent believes a special election to allow 4th Council District voters to all finally have their say will be the best outcome to assure voters that the system does work and they can count on this court to ensure their Constitutionally protected right to vote is protected,” Saturday wrote in his appeal.
Saturday is representing himself.
Anna Whites, who represents Marquette, said they will challenge Saturday’s appeal.
“We do not believe his appeal has merit,” Whites said. “A special election is not an option that the law provides for this type of voter mistake.”
A lawyer for Monarrez did not immediately respond to a request for comment.
On May 17, voters in one precinct in the 4th District were given ballots for a different council district race. In another precinct, at the same voting location, voters were given 4th District ballots and were not supposed to vote in that race.
Roughly 70 ballots were in dispute.
New council district boundaries were adopted late last year, likely causing some of the confusion at the polling place.
A voter alerted poll workers to the problem early on May 17.
A lawsuit was filed shortly after the primary.
In the case of clerical errors, Kentucky law limits what judges can do, Travis wrote in the ruling. Travis ordered a re-canvass, which checks vote tabulations, earlier this summer. That re-canvass showed the same result. The law also says if a voter receives the wrong ballot, it is up to the voter to notify election officials, Travis wrote.
The race was tight for the three candidates vying for the open council seat to represent an area south of New Circle Road between Nicholasville and Tates Creek roads. The race is non-partisan. Incumbent Councilwoman Susan Lamb announced last year she would not seek another term.
The results showed:
- Monarrez: 1,121 votes
- Marquette: 908 votes
- Saturday: 865
