Following some spirited discussion and cross examination of Tenex officials from Mark Graham’s attorney Ben Fletcher, Christian County Circuit Judge John Atkins ruled in Doug Wilcox’s favor Tuesday afternoon — declaring him the official winner of the Ward 7 Republican primary for Hopkinsville City Council.
The decision comes following one month of litigation and research from Atkins and the counsels of both Wilcox and Graham, who lost the May 17 election by one vote, 138-137.
Not long after the election closed, Christian County Clerk Mike Kem reported 109 ineligible voters had cast votes for Ward 7 constituents in a split precinct G104 — which prompted Graham to petition for a recount, and Wilcox to file a motion of dismissal through Attorney John Adams.
Fletcher had three specific questions for Tenex and its representative, Tina Mooney.
Mooney said Tenex does not determine voting eligibility because it’s located in the data files created by the State Board of Elections, which is then loaded into Tenex databases.
Addresses and names, of course, are then also provided by the state’s file submission.
She did say that Tenex officials can determine who voted at what time, but she’d come to understand that the types of voting didn’t change in the entire process.
She further noted that Tenex officials don’t actually count the votes, and that the machines serve as electronic poll books.
Seeking answers to the questions of addresses and names being matched up to G-101 and E-104 voters, Fletcher said he wanted concrete proof from the State Board of Elections confirming who belongs where.
Adams once again ascertained that none of that mattered, because the 36 valid votes cast in the G-104 precinct would not be enough to overcome the 52-vote margin in these other two precincts.
Fletcher said a closer look was needed to both G-101 and E-104 because of the found irregularities in G-104, just to be sure.
Adams’ data, admitted as evidence, showed no irregularities in those precincts.
County Attorney John Soyars noted he simply was available to streamline the process for the safekeeping and transparency of the voting materials, which were kept in the Justice Center under lock, key and bailiff until a decision was made.
Since this was not considered a recount, Atkins ruled that Graham would not be charged any court fees for this litigation.
Wilcox will face Democrat William Coleman in the November General Election.
