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Judge denies Kentucky Democrats motion to extend voting hours in Jefferson County after computer issues

Anyone in line by 6 p.m. will still be able to vote, regardless of how long the lines are.

LOUISVILLE, Ky. — A judge has denied the Kentucky Democratic Party's request to extend voting hours at Jefferson County polling locations due to unexpected technical delays Tuesday morning.

Election Day was plagued by long wait times and lines out the door across Louisville. 

Multiple polling locations reported computer delays, slowing down the voting process for thousands in and around the Metro.

Jefferson County Clerk Bobbie Holsclaw said, on top of high voter turnout, polling locations saw longer than usual wait times due to the machines struggling to download early voting data and absentee ballots.

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Polls in Kentucky close at 6 p.m., however the Kentucky Democratic Party filed a motion requesting polling locations in Jefferson County stay open for an extra two hours due to the technical issues.

“After receiving numerous reports of technical issues causing severe delays and infringing on Kentuckians’ constitutional right to vote, we immediately filed [the] motion," a spokesperson said. "We will use all legal means necessary to ensure that every single Kentuckian eligible to vote has the ability to do so.” 

Hours later, Jefferson Circuit Court Judge Eric Haner denied the motion to delay when polls close in Kentucky. 

Credit: Joseph Garcia, WHAS11 News
Lines stretching outside Cochran Elementary School polling location on Election Day in Louisville.

"The court certainly understands and appreciates the concerns raised by the Plaintiff, and applaud their efforts to make sure Jefferson County voters have the ability to participate in this election and cast their vote," Haner wrote in his order. "However, having reviewed the matter, having considered the arguments at the hearing, and the applicable law, the Court finds that the Plaintiff has failed to sustain their burden and make the requisite showing for the relief requested."

The judge reminded voters that polls remain open until 6 p.m. Anyone in line by 6 p.m. will still be able to vote, regardless of how long the lines are.

Kentucky Democrats Executive Director Morgan Eaves said the party is disappointed by the outcome, but urged registered voters to get to their polling locations ahead of the deadline.

"[Issues] caused some voters to wait in line for more than three hours. Polling locations were functionally closed," she said, adding that the state's Republican Party argued in opposition to the lawsuit. "[They alleged] that the GOP-majority General Assembly is the only body able to extend polling hours. This absurd claim is an extension of their relentless obsession to remove checks and balances within our government. It not only effectively nullifies Kentucky’s judicial branch, it also disenfranchises Kentucky voters of all political affiliations."

Election Day issues in Jefferson County

Ashley Tinius, communications director for the Jefferson County Clerk's Office, said voting machines needed to download the names of 113,000 people who voted early to cross reference with those voting on Tuesday to ensure no one voted twice.

In response to the long lines and delays, Louisville Mayor Craig Greenberg urged local election officials to consider keeping the polls open longer. Kentucky Secretary of State Michael Adams said local election officials can't extend voting hours unless an affected voter petitions in court for an extension.

Credit: Addy Hill, WHAS11 News
Long lines at Ascension Lutheran Church polling location in Louisville on the morning of Election Day.

“Election officials have no authority to extend voting hours past the time set in the Kentucky Constitution. However, if a voter who was inconvenienced petitions in court for an extension, I would support that if the request is specific to the voting locations that experienced delays.”

Holsclaw's office responded to Greenberg's suggestion, saying they'd appreciate if the mayor would "refrain from telling our office how to conduct elections."

"[Jefferson County Clerk Bobbie Holsclaw] has a proven track record of success and we are confident that everyone who is in line at 6 p.m. will get to vote today," her office said. "We would appreciate the mayor refrain from telling our office how to conduct elections. We are looking forward to an extremely successful General Election and thrilled by the voter turnout."

Lines started when the polls opened and didn't let up. WHAS11 got calls into the newsroom around 6:30 a.m. when voters who arrived at 6 a.m., were still waiting.

Amid the delays, the ACLU-KY released a scathing statement criticizing the county clerk's office for its "lack of preparedness."

“After three days of historic levels of early voting, this morning’s lack of preparedness from our County Clerk is inexcusable. Unfortunately, the burden now falls to voters to find more time in their schedules to be able to cast their ballots. We encourage all voters to stay in line so that their voices may be heard," the group said in a statement.

Most issues were resolved by 11 a.m., with election officials saying lingering long lines were due to high voter turnout.

Congressman Morgan McGarvey said he spoke with Adams about the delays and supports the Kentucky Democratic Party's lawsuit to extend voting hours.

"We are fortunate in Kentucky that the right to vote is a bipartisan issue and I look forward to the Party and Secretary Adams bringing this matter to a swift and just conclusion," McGarvey said. "Kentuckians can be assured that out voting systems remain secure and their votes will be counted."

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