Bell County Electioneering Case Results In Voided May Primary

From WRIL The Big One -

On Tuesday, August 11, 2026, Judge Keith Nagle decided the status of the Bell County May primary election results for Magistrate District 4. This was after one of three candidates challenged the vote.

Considered by the circuit court judge was the petition of Kenny Vanover against respondents Bell County Board of Elections and Kevin Barnett.

The essence of Vanover’s claim is based on KRS 117.255 that “No person, other than the election officers, challengers, or person assisting voters, shall be permitted within the voting room while the vote is being polled.”

When all the votes were counted, Barnett received 254 votes, Vanover 248, and Glenn Webb 72 votes. Barnett was declared the winner of the election by six (6) votes.  Vanover claimed, however, that Barnett had interactions with six voters, precisely the same number as the winning margin.

Vanover requested a recount, and this was conducted shortly after the election.  A hand recount was later requested and then withdrawn after he learned the cost and that it would not be an actual hand recount anyway.

On July 30, 2026, the court conducted an evidentiary hearing in the matter with the city of Middlesboro’s IT tech as a witness who provided digital copies of video taken at the Middlesboro Community Center, a polling place for early voting in Bell County and for election day.

The Court also heard testimony of Vanover and the Chief Deputy County Clerk for Bell County.  Kevin Barnett did not testify. Lisa Fugate represented Kenny Vanover while Bishop Johnson represented Kevin Barnett.

A series of videos was presented showing the early voting dates of May 15th and May 16^th and Election Day at the community center.  The video exhibits included views of the interior of the polling place, the entrance/exit, and the parking lot.  The decision reads that “the videos depicted Barnett's interactions with six voters at the Community Center polling place.”

Evidence was presented showing that on May 15th, three voters were ushered from the parking lot/entrance into the polling place by Barnett. After entering the building, Barnett then accompanied the voters to the sign-in table and accompanied them - with their ballots - to the tables provided for voters to mark the ballots.  He proceeded to huddle with each voter, clearly interacting with each as to their ballot. Barnett then interacts with each of these three voters at the scanning machine where the voters insert their ballot to be scanned/tabulated. Barnett leaves the polling place in the company of the initial two voters that day, and they all get into the same vehicle and depart. With the third, he likewise leaves the building with that voter.

On May 16th, Barnett enters the polling place with two voters. These voters take their ballots from the registration table and proceed to the tables where they mark their ballots. Barnett, who is also casting his own vote that day, takes his ballot and seats himself in the same area as these two voters. He then interacted with both voters as they scanned their ballots into the scanner, and they all left the polling place together (although they rode separately).

Also according to the findings, on Election Day, May 19, Barnett waited outside the polling place and accompanied a voter inside once she arrived. Barnett interacted with the voter once she brought the ballot to the scanner and appeared to offer instruction as to how she should insert the ballot into the scanner. They exchange a high-five once this is done, and they exit the polling place together.

In Kentucky, there is a legal protocol to be followed if a voter needs assistance at the voting booth. Typically, the poll workers are tasked with assisting voters who need help - either because the voter is vision-impaired or has some other disability that necessitates assistance. Poll workers are the only people allowed to assist a voter, unless the voter has requested assistance in writing and notified the County Clerk in writing that the voter has designated a particular person to assist them.  None of the six voters made such a request for assistance to the Clerk.

It was shown that Vanover’s proof “clearly and convincingly establishes that Barnett violated the prohibition against electioneering concerning each of the six voters depicted in the videos. The violations with all six voters occurred at the Middlesboro Community Center. Barnett's interaction with each voter at the ballot scanner is more than just a casual or innocuous greeting.”

The court found that Vanover met this burden insofar as finding that Kevin Barnett committed acts of electioneering in violation of the prohibition of the statute.

Having found that Barnett committed violations of the electioneering prohibition under the statute, Judge Nagle ruled in his order that “the nomination of Kevin Barnett as Bell County Magistrate, District 4, in the May 2026 Republican primary is voided, and the nomination is declared vacant.”

While this decision is appealable, there has been no word as to what, if any, action Kevin Barnett will pursue. Any legal action against Barnett is being left up to the Attorney General’s office to consider.

As for the District 4 seat, that decision will be left to the voters in the November general election.  Both the Republican and Democratic parties will have until Monday, August 24^th, to nominate a candidate to run.  Write-in candidates will also be accepted until the 24^th for their eligibility to run.