Kentucky Supreme Court to decide Republican nominee for Campbell County Commissioner  – LINK nky

The Kentucky Supreme Courtroom will now determine whether or not Brian Painter or Dave Fischer would be the Republican nominee for District 1 Campbell County Commissioner. 

Painter, the incumbent, narrowly defeated Fischer within the Could major, however was later faraway from the poll by a choose after Fischer’s marketing campaign accused Painter of electioneering. Painter noticed the choice in opposition to him reversed on the Kentucky Courtroom of Appeals.

Now it’s on to the state’s highest court docket.

On Sept. 1 Supreme Courtroom Chief Justice John D. Minton Jr. gave Painter, Campbell County Clerk Jim Luersen, and the Board of Elections till 4:30 p.m. on Sept. 7 to reply to Fischer’s movement for discretionary evaluate (MDR). Fischer’s lawyer, Steve Megerle, filed the MDR on Aug. 29. 

Usually, the Supreme Courtroom provides respondents 30 days, however Minton requested to expedite the responses, after Megerle requested an expedited evaluate as a result of upcoming election deadlines. 

The clerk and the BOE are represented individually from Painter. The Courtroom of Appeals, nevertheless, mixed the circumstances, however the attorneys should nonetheless file independently. Each teams of attorneys have individually filed responses to the MDR. 

On Aug. 26, the Kentucky Courtroom of Appeals overturned a call that eliminated Campbell County Commissioner Brian Painter from the November poll. 

Painter narrowly received renomination within the Republican major final Could, solely to have his identify faraway from the November poll after being discovered to have allegedly violated Kentucky’s electioneering legal guidelines by a choose in Louisville. The COA resolution overturned the cost. 

Jefferson County Circuit Courtroom Decide Charlie Cunningham, who heard the case, dominated that Dave Fischer would substitute Painter because the Republican nominee. Painter had defeated Fischer on the polls, however Fischer later challenged Painter’s distribution of marketing campaign supplies contained in the Campbell County Fiscal Courtroom constructing, the place ballot employees had been attending a coaching. Cunningham agreed that the transfer violated election legislation.

However the Courtroom of Appeals resolution stated, “Courts should not whittle away the elevated normal for setting apart election outcomes.”

This is similar argument that Luersen and the county BOE lawyer Jeff Mando use in his submitting to request the Supreme Courtroom to say no the movement for discretionary evaluate. 

Fischer’s lawyer, Steve Megerle, stated they might file a movement for discretionary evaluate with the Kentucky Supreme Courtroom after the COA overturned Decide Cunningham’s resolution. 

“This case was all the time going to be determined by the Kentucky Supreme Courtroom,” Megerle stated on the time.

In his submitting to the Supreme Courtroom, Megerle stated that “time is of the utmost essence” as there are vital deadlines. 

On Sept. 19, absentee ballots should be printed, with the deadline to ship these ballots to those that requested them on Sept. 23. The county board of elections should ship those that requested abroad absentee ballots by Sept. 24. That is additionally the day that opens the web absentee portal request by the state board of elections, and someone can request from the county clerk. 

The Republican nominee will face Democrat Melissa Whalen in November.