Just got off a conference call with the Democratic House Caucus and its legal counsel discussing the 26th District race between Mike Weaver and Tim Moore.

Here are the details:

• Out of 15,210 votes cast, there was a 108 vote difference between Moore and Weaver.
• In precinct B121 in Pine Valley, an eSlate e-Scan (they corrected themselves) machine showed 1,017 votes cast, but the precinct officer’s report showed 1,167 votes cast – a discrepancy of 150 votes.
• The County Clerk was pressed, who revealed there was a machine malfunction that no one was informed of. Votes were removed from the machine and then fed into a different machine.
• Kentucky law is explicit when it comes to poll workers helping people vote. Voters have the right to be present when their votes are cast.
• Votes were removed from the machine, given to a surrogate who then was responsible for re-casting ballots. The clerk admitted on a radio program this weekend that this occurred.
• Law states that if a machine malfunctions, it has to be turned off, a new one brought in and votes kept safe until the end of the day when all votes are counted.
• Additionally, many voters were allegedly given paper ballots to complete before they were allowed to sign the log book.

The Caucus wants to know: How do we know all of the votes were counted? Who had access to the ballots? Who authorized this process? Tons of questions.

Election contests for members of the general assembly are decided by the house of the candidate running. A committee of not less than 5 or more than 9 members. That board examines evidence in a case and makes a recommendation for the full house. So it looks like the state house will be resolving this issue and Mike Weaver will be declared the winner.

P.S. – Charlie Hoffman: It’s Democratic Caucus – not Democrat Caucus. And what’s with the Herald-Leader not being on the call? If Joe Gerth can trouble himself to put forth the effort to dial a telephone, surely the H-L could do the same. (Never mind that it would have been 30 minutes of someone’s life that they’d never get back.)