Johnson County, Kansas, Sheriff Calvin Hayden acknowledged on Monday that no judge signed off on seizing old ballots in his long-running elections investigation after he falsely said last month he had a “search warrant in hand.”

The admission came after Hayden, a Republican in a competitive race for reelection, in April accused Johnson County Election Commissioner Fred Sherman and other officials of rushing to destroy old ballots from several past elections, suggesting they were attempting to eliminate evidence just as the sheriff was on the verge of obtaining a search warrant for them.

In fact, Johnson County at Hayden’s request had previously held off on complying with a state law that mandates the regular destruction of old ballots. But with Hayden unable to obtain a court order to preserve the records, officials earlier this year moved forward.

Hayden’s comments on Monday came in a fiery exchange with Mike Kuckelman, a former Kansas Republican Party chairman who opposes Hayden’s candidacy, during a candidates’ forum in Olathe. Kuckelman posted a video of the exchange to social media.

“I’ve been catching all kinds of trouble. Mike, you can read that, can’t ya? I’m not going to give you anything you can’t see,” Hayden says in the video as he holds papers clipped together.

Hayden then refers to a meeting with Johnson County District Attorney Steve Howe and five officers. “So when you want to tell me I need to be Giglio’d have your stuff together,” Hayden says.

Brady-Giglio rules generally require law enforcement to disclose information about officers that call into question their credibility as witnesses.

Kuckelman, who doesn’t appear on screen, can be heard asking “which judge,” followed by Hayden responding “there’s no judge.”

“A judge has to sign a search warrant to be valid,” Kuckelman says.

“I didn’t say it was valid,” Hayden replies.

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