DAVIESS CO., KY (WFIE) - Kentucky’s Attorney General may soon be investigating whether any group interfered the race for a house seat.
Democrat Jim Glenn won the seat by one vote originally. His attorney Anna Whites has asked for that investigation.
Whites said they were most concerned with the 17 absentee ballots being taken from the clerk's office and DJ Johnson and his lawyer's apparent influence on the recount.
“Rather than competing with the statute and being quiet witnesses, they engaged with the county board of elections to some extent," Whites said.
According to Kentucky law, a challenger should not interfere in the process.
“Do not interact with the clerk, do not talk about ballots," Whites said. "Take your notes and observe. You are a witness, not a participant.”
County clerk officials say Johnson's lawyer was directly speaking with the county attorney about a concern on one ballot.
“Claud Porter and the attorney had a discussion in front of everybody," Richard House the Daviess County deputy clerk said. "Then DJ Johnson had asked the board to reconsider and I believe it was a phrase like he would accept anything that they decided at that time.”
That ballot, originally marked as a vote for Johnson in the election, then taken away at the beginning of the recount, was once again counted for Johnson after these discussions.
“This is a one vote case," Whites said. "It went from Mr. Glenn being ahead by one vote to a tie.”
Neither Glenn nor his lawyers were at the recount on Saturday.
Clerk officials say they believe they did their job to the best of their ability.
“I think the word intimidation was used in the process," House said. "The whole process was intimidating. It wasn’t just from anybody, any particular source. You know we were there all day. We had a job to do that needed to be precise.”