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Circuit judge voids Union election results

Mayor Larry Soloman to appoint three commissioners tonight

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The city of Union currently only has one commissioner as the result of a court judgement issued by Boone Circuit Court Judge Richard A. Brueggemann late last Friday afternoon.

The Judge voided the entire November 5 general election of the Union Commissioners — John Mefford, Brian Garner, and Eric Dulaney — because of constructive fraud.

Constructive fraud is defined in the judgment order as something “that arises through some breach of legal duty, which, irrespective of moral guilt, the law would pronounce fraudulent because of its tendency to deceive others, to violate confidence, or to injure public interests.”

Mayor Larry Solomon, the remaining commissioner as well as the mayor, will hold a meeting today at 6:30 p.m. to appoint three other commissioners from among Mefford, Garner, Dulaney and the only other person who ran for commissioner, Doug Bine who lost the election by 65 votes.

The story unfolded on November 5 when at 11:30.m. the Boone County Clerk’s office received word that the precincts in Union were running out of ballots for city voters. Eight hundred ballots were sent out to Union precincts 1 and 4.

However, only 414 residents from those two precincts had requested ballots, although it was determined that all 800 ballots had been voted. Seven-hundred-fifty-nine non-City voters requested ballots in precinct one and 500 non-City voters requested ballots in precinct 4, but non-City voters are not permitted to vote for City Commissioners.

After learning of the error, Clerk Justin Crigler’s office ordered the voting machines be taken out of service and new ones installed, but between 11:30 a.m. and 12:30 p.m. some voters from the city of Union were unable to vote and were therefore determined to have been disenfranchised.

It was decided that there was no way to know how many voters were disenfranchised, but all that can be ascertained is that during that hour no distinction was made to distinguish between the appropriate ballots, and the fact is that 414 city residents requested ballots and 800 ballots were voted. So it would seem to be a problem.

Former commissioner Doug Bine filed to have the election voided shortly after the election because of the discrepancies.

The solution for “constructive fraud,” according to KRS 83A.040(5), is that the members of the Union City Commission be appointed by the sole remaining member of that legislative body, who is the mayor.

“This statute provides the mayor with the authority to fill the respective seats vacated, pending the next succeeding annual election, in accordance with Section 152 of the Kentucky constitution” was the exact determination of the judgment.

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Written by Patricia A. Scheyer. Cross-posted from the NKY Tribune.



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NKY Tribune

The NKyTribune is a publication of the KY Center for Public Service Journalism. We are a nonpartisan, independent news organization that produces journalism in the public interest for a place we love.

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