2022 McCreary County Sheriff’s Election Contested

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For the second time in sixteen years, the results of general elections for McCreary County Sheriff have been contested.

The first contestation occurred in 2006 when write-in candidate Gus Skinner contested certified vote totals declaring Democrat Randy Waters as sheriff of McCreary County.  As a result of Skinner’s petition contesting the 2006 election results, a circuit court nullified Waters’ seeming victory and established Skinner as the sheriff of McCreary County.

Sixteen years later, it is now Democrat Randy Waters, as the current incumbent sheriff, who filed a petition contesting the certified results of last month’s (11-08-22) general election.  Certification of the 2022 vote totals by the McCreary County Board of Elections and McCreary County Court Clerk declared Republican challenger David Sampson as the winner over incumbent Sheriff Waters by a total of 77 votes.

As a result of last week’s petition by Sheriff Waters, Division 1 Circuit Court Judge Dan Ballou is scheduled to hold a hearing on December 20, 2022 regarding the petition.  During the December 20 hearing, it is expected the judge will either recuse himself so a different judge can be assigned to the case or continue as the presiding judge and issue a scheduling order.

Sheriff Waters said the seemingly nation-wide lack of confidence in the election process was a factor in his decision to contest the election.

“As we know, the lack of confidence in our elections is currently an epidemic across this great country of ours,” Sheriff Waters observed.

He continued by elaborating on why he felt compelled to file a petition.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

“The fact that I have received numerous requests from many, many people and have had a number of improper actions brought to my attention makes me feel it is my duty to stand up for my country, my County, the McCreary County Sheriff’s Office, my employees, every citizen, and myself to insure this election was fair and square,” Waters explained.  “I filed a petition to contest the election, and in the petition, I outline the actions of different election officials that occurred either intentionally or through lack of knowledge.  Each of the actions will be described either in an affidavit or deposition.  All I want is for the truth to be told.”

Waters continued by thanking those who have reached out to him regarding the election. asking anyone with knowledge of election improprieties to contact him.

For his part, David Sampson continues to move forward as McCreary County’s Sheriff-elect.

 

 

 

 

 

 

 

 

 

 

 

“In response to the civil suit filed by Randy Waters against the Board of Elections and myself, I’ve sought legal counsel who will represent my interests if and when needed,” Sheriff-elect Sampson told The Voice.  “It is our right to have our concerns heard.  However, I have full confidence in the intelligence, integrity, and honesty of our voters, election committee, and our courts to make a clear and swift decision in this matter.  My plan is to continue to move forward as McCreary County Sheriff-elect.  I look forward to taking office in January.”

Although the McCreary County Board of Elections (by and through Eric Haynes, Tom Smith, Peggy Kilby, and Elizabeth Ridener) is listed along with David Sampson as respondents in the case, McCreary County Court Clerk Eric Haynes noted the alleged improprieties revolve primarily around the conduct of some poll workers.

“The County Board of Elections was served, and we will file the response at the hearing on December 20, 2022,” Haynes stated.  “County Attorney Austin Price will file the response.  The complaint centers around the conduct of some poll workers and remarks made at polling locations during the election process.”

A summary of the petition filed to contest the election is as follows:

 

The petitioner (Sheriff Randy Waters), through Counsel, filed a petition contesting the election of David Sampson as Sheriff of McCreary County, Kentucky during the November 8, 2022 general election on Tuesday, December 6, 2022.  The petition asks for adjudgment of Randy Waters as Sheriff of McCreary County, KY or alternatively to declare the November 8 General Election for Sheriff of McCreary County as null and void and to schedule a new election for Sheriff of McCreary County thereby eliminating any skepticism by the public as to the legitimacy of the November 8, 2022 General Election for Sheriff.  The petition also asks the Court to declare Randy Waters remain Sheriff of McCreary County until a Court of competent jurisdiction rules otherwise.  Respondents to the petition contesting the election are:  David Sampson and McCreary County Board of Elections by and through Eric Haynes, Tom Smith, Peggy Kilby, and Elizabeth Ridener.

The respondent, David Sampson, was certified by the McCreary County Board of Elections as the winner of the race for Sheriff of McCreary County for the year 2022 based on the votes recognized by the McCreary County Board of Elections.  The vote totals recognized by the Board of Elections are:  Republican David Sampson with 2239 votes and Democrat Randy Waters with 2162 votes.

The Petitioner, Randy Waters, who received in excess of 25% of the number of votes cast for David Sampson for the office of Sheriff, and received 96.6% of the number of votes cast for David Sampson, utilizing the tabulation of votes on the night of the election filed a petition contesting the election, based on the following statements:

1. Duly authorized poll workers were instructing voters to vote “straight Republican ticket”,

thereby influencing voters to not vote for the Petitioner.  (Whitley City)

2. Duly authorized poll workers told voters they could not vote “straight Republican ticket” and  also vote for Randy Waters, as that action would void their vote, thereby causing some voters to not vote for Randy Waters (Wiborg)
3. One poll worker observed the poll worker next to her, instructing voters how to fill out      “straight Republican ticket” for 1 ½ hours.  (Whitley City)
4. A voter stated that the poll worker above (3) told him to vote “straight Republican ticket.”   (Whitley City)
5. A voter who asked for another ballot, after she was told she could not vote for Randy Waters, was not given the requested new ballot, thereby not allowing her to vote for Randy Waters.  (Wiborg.)
6. Another poll worker told a voter to vote “straight Republican ticket,” thereby trying to influence her not to vote for Randy Waters.  (Wolf Ridge)
7. Another voter stated a poll worker told him to vote a “straight Republican ticket” when he had asked NO questions about anything.  (Stearns)
8. Another voter stated that a poll worker tried to tell him to vote “straight Republican ticket” when he did not want to do so.  (Stearns)
9. A poll worker stated that they had “a lot of trouble” with one machine that continually spit   ballots back out.  (Pine Knot)
10. A member of the Local Elections Board stated that a call was received about the problem described in 9 above, and as he understood, the machine would take the ballot and signal “voted”, but then spit the ballot back out and the poll workers would put it back in.  (Pine Knot)
11. One voter put a ballot in the above machine and left.  The voting machine spit the ballot out and it was hanging out of the machine.  (Pine Knot video)
12. Another voter reported that one poll worker was “fighting” with another poll worker, during the time people were trying to vote.  They also state that the County Court Clerk had to personally intervene.  (Whitley City)
13. A voter stated he was given his ballot and then proceeded outside and filled out his ballot on the hood of his vehicle.  (Whitley City)
14. A member of the election board had to stop voters from getting ballots and filling them out while they were in line to be approved to vote.  (Whitley City)
15. A voter who needed assistance casting his ballot stated that one poll worker alone (not two poll workers as required), assisted him to vote and that he signed no request or anything else.  (Eagle)
16. One lady stated that when she arrived at the polling place, the doors were locked early and the poll worker who looked out the door and saw her made no effort to assist her.  This lady left without voting.  (Pine Knot)
17. A man and woman (together) both said that they went to vote and were told by a poll worker to vote a straight Republican ticket.  (Stearns)

18.           The McCreary Board of Elections and the McCreary County Court Clerk have certified the election based on improper and unlawful votes for Sheriff of McCreary County, KY occurring on November 8, 2022.