Jefferson County Clerk David Yates said his office will take legal action to get judicial guidance on how to handle the reassignment of dozens of voters on the Jefferson-Oldham County line. 

Yates, a Democrat, plans to file a Petition for a Declaration of Rights, a Wednesday morning press release said. With that action, the Franklin County Circuit Court can “provide guidance regarding the duties of election officials, the rights of affected voters, and the legal effect of election residency determinations when those determinations appear inconsistent with other governmental records.” 

“My office has a responsibility to maintain accurate voter registration records and to follow Kentucky election law,” Yates said in a statement. “At the same time, residents have raised legitimate questions that deserve clear answers and a fair process. Rather than have election officials resolve those questions independently, I believe the courts are the appropriate forum to provide clarity, consistency, and confidence for everyone involved.”

Questions about which county voters reside in were prompted by a review of voter information Yates’ office began earlier this year after eight voters were unable to vote in the 44th House District primary. Yates appeared before a legislative committee Tuesday morning with Franklin County Clerk Jeff Hancock to discuss how a 2022 law to centralize state mapping may not reflect what’s happening at the local level. Yates said in some cases where a person resides on a county line, they may pay taxes in one county but vote in another. 

The information from the state mapping system, Geographic Information Systems (GIS), is used for the election system across all of Kentucky’s 120 counties, the clerk’s office press release said. The court guidance could be used by county clerks statewide when questions come up about a voter’s county residence. 

During the legislative meeting, Rep. James Tipton, R-Taylorsville, said the mapping issue affected voters in Spencer and Shelby counties ahead of the 2024 primary election. That prompted not only voting-related questions, but also concerns about where school buses should go and which first responder departments served those residents, he added.