Kentucky Board of Elections sues software company, county clerks - WDRB 41 Louisville News

Kentucky Board of Elections sues software company, county clerks over absentee ballots

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LOUISVILLE, Ky., (WDRB) -- Some of the votes for Tuesday's primary may not be counted until June because of a lawsuit filed Monday by the Kentucky State Board of Elections.

A Jefferson Circuit Court judge has agreed to enter a restraining order directing nine county clerks to certify votes from a dozen military and overseas voters who failed to receive their absentee ballots on time.

The Kentucky State Board of Elections and Secretary of State Allison Lundergran Grimes filed a lawsuit Monday against the software company that sends out absentee ballots and the clerks in nine counties, including Jefferson, alleging 12 qualified military and overseas voters were not sent ballots on time.

The voters were supposed to be sent their ballots within three days of sending them in but only received the ballots Monday, according to the suit.

At the request of the Kentucky Board of Elections, Judge Susan Schultz Gibson ordered that the voters ballots will be certified as long as they are postmarked no later than 6 p.m. Tuesday and received by May 29.

The board of elections of each county will then certify the vote totals by June 1, Gibson ordered.

Lynn Zellen, a spokeswoman for the secretary of state, said the delay will have no affect on the election as it is not finalized until June 8. But she said it ensures that everyone "has the opportunity to have their vote counted."

The voters affected are from Daviess, Fayette, Henderson, Jefferson, Kenton, Lyon, Nelson, Rowan and Trigg counties. They each submitted a request for absentee ballots for Tuesday's primary on or after May 4 but didn't receive them until Monday because of a mistake by SOE Software Corporation, according to the suit.

Under Kentucky law, in order for the absentee votes to be counted, county clerks typically must receive them by 6 p.m. Tuesday and certify them by May 22.

Gibson issued a restraining order prohibiting the clerks from enforcing that deadline.

Besides the request for a restraining order, the lawsuit is seeking a judgment against SOE Software for unspecified damages.

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