Jefferson County Clerk David Yates said Wednesday he believes the election errors identified in an LPM News investigation are not limited to Louisville, a claim state officials are denying.
The investigation found the clerk's office placed some voters into the wrong precincts after redistricting in 2022, resulting in residents receiving the wrong ballot when they went to vote. Some were allowed to vote in elections they aren't qualified for, while others were prevented from voting for their representatives. It may have even impacted the outcome of a state House race in Shively.
Yates told reporters Wednesday he thinks "every single county clerk is dealing with similar issues." And he called on the state to address it.
"I will also be working with my colleagues in the legislature to make sure that we get funding for this, so that we can ensure that not only in Jefferson County will everything be right, but throughout the Commonwealth of Kentucky," he said.
Yates held a last-minute press conference Wednesday morning after LPM News provided the clerk's office with multiple examples of voters being assigned to the wrong precinct, impacting their ability to vote.
He explained that the issues stem from the precinct boundaries being redrawn in 2022 during the post-2020 Census redistricting. He said conflicting maps of the precinct drawings and outdated data entry systems that rely on human input were to blame.
"Some of the individuals have voted six different times and were not able to hold their local politician, at whatever level, accountable," Yates said in an interview. "I think that they have been failed, in some regard."
Yates reiterated that he plans to conduct a full, house-by-house audit of voter precinct assignments in Jefferson County to ensure that every voter receives the right ballot and is able to vote in all appropriate races.
State Rep. Beverly Chester-Burton, who lost her primary by five votes, issued a statement late Wednesday saying she welcomed the audit "to ensure the election results are reviewed thoroughly." The precinct assignment errors in that race prevented five Democratic voters from participating in the primary.
Eight clerk's office employees, including one person who was there during the 2022 redistricting, are currently working on the audit, Yates said.
He also sent a letter to Louisville Mayor Craig Greenberg on Tuesday, saying that while the clerk's office did not think an audit of voter precinct assignments was necessary when Yates took over last October, they "now recognize the necessity."
The letter, Yates said, was his way of "kind of padding that we're going to be needing some additional help." He said he wants to hire a third-party consultant to help with the audit, which would require city funding.
Yates said he cannot say right now how much correcting the clerk's office's errors will cost taxpayers.
Matt Mudd, a spokesperson for the mayor, provided a statement Greenberg issued Tuesday saying he appreciates Yates' transparency about the issue. As for whether Louisville Metro is committed to providing the financial support needed to accomplish the audit, Mudd said the mayor's office would "be happy to discuss it with him."
Support from state leaders?
Ultimately, Yates said, he believes the only way to solve this problem in the future is for the Commonwealth of Kentucky to have a centralized database that includes a master precinct map along with the statewide voter registration system.
While the General Assembly is aware of the larger need to improve voter registration management, lawmakers haven't ever put substantial funding toward making that happen, Yates said. He said Wednesday he thinks the clerk's office audit could motivate lawmakers to get something done.
"It just has to be funded," Yates said. "And I believe we have several champions. I think the President of the Senate, it's important to him, the Speaker of the House, important [to him]. Our governor has made it very, very clear that it is one of the bedrocks of our democracy."
However, Nick Storm, a spokesperson for Kentucky Secretary of State for Michael Adams, pushed back on Yates' claims that there's a broader issue.
Storm said they have not been made aware of any other counties encountering similar issues with voters being assigned to the wrong precincts.
"To the best of our knowledge … the problem in Jefferson County occurred due to 'a 2021 clerical error by a former employee' – that is, one person's mistake, not a failure of multiple people, let alone systemic failure of state laws or processes," Storm said, partially quoting Yates. "We have full confidence in Clerk Yates to resolve this matter and have made personnel and information available to him toward that end."
Storm also pointed to comments from state Board of Elections executive director Karen Sellers to the Kentucky Lantern Wednesday. She also disputed Yates' claims.
Sellers told the Lantern this "specific fact pattern is not something that has occurred in other counties," based on her seven years of experience with the state Board of Elections. She did acknowledge that the state is working on "highly accurate maps" for precincts but said officials have not funded efforts to merge that with the voter registration system.
A spokesperson for Senate Republicans and Senate President Robert Stivers said Stivers would not be available for an interview Wednesday. A spokesperson for Speaker of the House David Osborne did not respond to LPM News' interview request.
There is some evidence to suggest that voters being placed in the wrong precinct is a common issue that happens in many cities and counties, an expert told LPM News.
Kentucky currently has no laws requiring county clerks to audit their voter precinct assignments to ensure residents are getting the correct ballots.
Taylor Brown, general counsel and spokesman for the State Board of Elections, said it's mostly up to local clerks and county boards of elections, which clerks are members of, to ensure their data is correct.
"It's their job to do this, day in, day out, in every county in Kentucky, Jefferson County, all the way down to our smallest counties," he said.
Brown said auditing voter precinct assignments can help clerks ensure they have "the cleanest voter rolls possible," but the problem for smaller counties, as it often does, comes down to funding.
"Jefferson County, the biggest county in the state, they can devote manpower to this issue and [I'm] glad that they are but too many counties just can't afford to have an employee that's dedicated to this issue," Brown said.
Kentucky lawmakers passed a two-year, $32 billion state budget in April.
Getting substantial funding for a new, combined mapping and voter registration database, like Yates wants, may require the General Assembly to reopen the budget during its session next January.
Justin Hicks contributed reporting.
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