Butler County Circuit Judge Kacey Proctor ruled Tuesday afternoon that there must be a recount to determine the Republican candidate for Butler County Western District Commissioner in November’s general election.
The preliminary count, which took place immediately following the election on Tuesday, Aug. 6, had Larry Wells barely beating Kenny Barker for the seat by only two votes. The results were certified Friday, Aug. 9, and Butler County Clerk Donna Hillis said that none of the vote totals had changed from the preliminary count. Wells was declared the winner.
However, Missouri statute provides for a candidate to request a recount if the total vote count is close; a lawyer would have to file the motion with the court within a certain amount of time.
“My understanding of how an official recount would work is that Mr. Barker would need to hire an attorney to file a recount request with the circuit clerk,” Hillis previously explained after certifying the results. “From there, the judge would have to make the decision as to when and how the recount would occur.”
Proctor made the determination during a 2 p.m. hearing Friday that a recount must occur.
According to the order issued by Proctor, Hillis must prepare for a recount to occur at 9 a.m. Thursday, Aug.22. According to information filed with the court, both Wells and Barker will nominate six disinterested registered voters from the western district of Butler County to assist in the recount proceedings. The list of persons shall be delivered to the court no later than 5 p.m. Monday Aug. 19. From there, two people from each list will be selected by the court for a total of four people to assist with the recount proceedings.