The candidates for the District 4 seat of the Lexington-Fayette Urban County Council are (left to right): J. “Brack” Marquette, Brenda Monarrez and Barry Saturday.

Photos provided by the candidates

A Fayette circuit judge ordered that ballots cast in Lexington’s 4th District race in the recent primary election be secured for recount.

At Friday’s hearing, Fayette Circuit Judge Thomas Travis scheduled a hearing for June 10 to determine when the recount should take place and which ballots will be counted.

On May 17, due to an error with new paper ballots, over 30 people voted in the wrong council district and over 30 additional people voted in the 4th council district who were not supposed to do it.

The snafu was discovered four hours after voting began and corrected, according to Fayette County Clerk Don Blevins Jr.

Unofficial results show the three candidates in the nonpartisan race were separated by less than 50 votes.

Brenda Monarrez received 1,121 votes, Brack Marquette 908 votes and Barry Saturday 865 votes.

The first two voters go to the general elections in the fall. The council’s 4th District includes an area south of New Circle Road between Nicholaville and Tates Creek roads.

The balloting error only affects the results of the 4th District race.

Anna Whites, Marquette’s lawyer, argued in Friday’s hearing that the 70 votes in question should not be counted in a recount.

“We don’t want to expand (the recount) to 70 votes,” Whites said.

Edward Cooley, who represents Monarrez, echoed the whites’ comments and said he didn’t think the 70 miscast ballots should be counted.

James Yoder, a lawyer for Blevins, said after the hearing that the clerks’ office had not taken a position on which ballots to count. Yoder told Travis on Friday that the clerk’s office does not have to finalize ballots for the November general election until late August or early September. It’s time to sort out the top two voters.

Saturday was not present and did not hire an attorney, according to the court filing.

Travis said he wanted to push the next court hearing to June 10 to ensure that all parties involved have time to respond to the lawsuit.

Beth Musgrave has covered government and politics for the Herald-Leader for more than a decade. A graduate of Northwestern University, she has worked as a journalist in Kentucky, Indiana, Mississippi, Illinois and Washington DC.