Votes re-certified in recanvass following Alvarez's death; lawsuit filed

Attorney Karen Faulkner. (Source: Facebook)
Attorney Karen Faulkner. (Source: Facebook)
Updated: May. 31, 2018 at 9:56 PM EDT
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LOUISVILLE, KY (WAVE) - Several county boards of elections convened on Thursday morning to recanvass the results of races on the Mary 22 Primary ballot, the Office of the Secretary of State said.

One of those was Jefferson County.

>> PREVIOUS STORY: Ballot question arises after Kentucky judge candidate dies

Karen Faulkner, the third-place candidate in the 30th District, 9th Division judicial race, requested a recanvass of the race. Unofficial results showed a 17- vote margin between Faulkner and the second-place candidate, Tanisha Ann Hickerson.

The recanvassing yielded no changes in Tuesday's results as of Thursday afternoon, and the totals of the previous counts were re-certified.

The top vote-getter in the May 22 Primary was 43-year-old Danny Alvarez. He collapsed and died the day after the primary.

He would have faced Hickerson in a November runoff.

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A lawsuit was filed by Faulkner and her attorneys on Thursday, a statement released by Faulkner's office said.

Statement of Karen Faulkner on the filing of the lawsuit:

"Like everyone in this community, I was deeply saddened by the death of my friend and colleague Danny Alvarez.  However, I was also dismayed to learn that shortly after Danny's tragic passing, the Secretary of State's Office summarily determined that the State Board of Elections would only certify one candidate to appear on the judicial ballot this fall. This was a close and competitive primary among many qualified candidates, and I believe that state law clearly entitles the voters to have a choice in this fall's general elections."

- Karen Faulkner

Statement from Faulkner's attorneys David Kaplan and Michael Abate:

"Today we have filed suit to enforce the clear language of Kentucky's election laws. State law requires the Board of Election to certify two candidates for the fall election, and also prohibits both the county and state board of elections from counting votes for a candidate who passes away before the certificates of nomination are issued. We plan to seek a restraining order and temporary injunction that requires the Board of Elections to follow the law and issue a certificate of nomination to Ms. Faulkner."

- Attorneys David Kaplan and Michael Abate

The Jefferson County Board of Elections also recanvassed the results of the 43rd House Disctrict Republican Primary on Thursday.

The unofficial totals on Tuesday showed nine votes separated Everett C. Corley and Denise L. Raine in the Republican Primary for the seat in the Kentucky House of Representatives. Raine requested the recanvass, the Office of the Secretary of State said.

A copy of the Faulkner Complaint for Declaratory and Injunctive Relief is below.

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