Losing Fayette Family Court candidate must post $70,000 bond for recount in tight race
.png "Carl Devine and Tiffany Yahr are running for the seat on the bench in the 22nd Judicial Circuit’s 6th Division. The election takes place Nov. 8, 2022.")
A Fayette Circuit Court judge has ruled Carl Devine, who lost a close race to challenger Tiffany Yahr, must post a $70,000 bond by Friday to pay for a recount in a tight family court race.
During a Thursday court hearing, Fayette County Clerk Don Blevins Jr. estimated the cost of a recount would be close to $70,000. Although north of 70,000 ballots were case in the Fayette County Family Court race, more than 107,000 ballots were cast total.
Yahr beat Devine by 127 votes.
“Not everyone votes in every race,” Blevins explained during Thursday’s hearing.
All ballots cast in the county-wide race would have to be recounted, Blevins, who announced last week he would step down as county clerk by the end of January, explained. However, if a recount is conducted, it will likely be before Blevins leaves office.
The cost to pay a third-party vendor to program the machines for a recount as well as other expenses for staffing and security would likely cost around $70,000, Blevins said.
Scott White, a lawyer for Devine, argued in court and in court documents that Devine should not have to pay for the recount. In 2021, the legislature passed a law that allowed most candidates for state-wide office to seek a free, automatic recount if the margin of error was less than .5%. The margin of error in the Devine and Yahr race fell within that .5%.
The law did not mention judicial races, said Anna Whites, a lawyer for Yahr. Therefore, Devine must pay for the recount and be required to post a bond.
A lawyer for Devine argued most judicial circuits, with the exception of Fayette, Jefferson and a few others, include multiple counties, making them a state-wide office. Judicial candidates must also file with the Kentucky Secretary of State, instead of a local clerk’s office, he argued.
Travis sided with Yahr. The state statue did not mention judicial races and therefore Devine must pay for the recount, he wrote.
“Nothing in KRS 120.157 points to the legislature intending other offices not listed to qualify for an automatic recount,” Travis wrote in his Monday order.
White said Devine has not yet decided if he will appeal Travis’ decision or post a bond.
“We are assessing options now but we expect to post a bond if not an immediate appeal,” White said.
Yahr’s lawyer said said she hopes Devine will accept Travis’ order and decide not to pursue the recount.
“As the county clerk testified at the hearing, any errors in vote counts are typically minimal and we do not contemplate the vote count changing materially,” Whites said. “In the interest of the smooth operations of the family court and the protection of the rights of the voters, we hope that the petitioner withdraws his request and allows incoming Judge Yahr to take office with no further contest.”
Yahr is scheduled to be sworn in the first week in January.
Taylor Brown, a lawyer for the Kentucky State Board of Elections, told the court Thursday there were only two recounts in the 20 years prior to the 2021 law. Since this summer, there have been six recounts.
Devine was appointed to the position in February by Gov. Andy Beshear after former Fayette Family Court judge Kathy Stein stepped down.
Family court judges handle divorces, child support, child abuse and neglect cases and other family law issues.
