A lawsuit filed this week seeks to remove incumbent Campbell County First District Commissioner Brian Painter as the Republican Party’s nominee in the November general election.
Painter defeated challenger Dave Fischer by 106 votes in the GOP primary on May 17.
Fischer filed suit alleging multiple violations.
“As a result of the egregious, unlawful, corrupt practices alleged herein, to solicit and influence likely voters, namely gifting inside of a polling place to a group of likely voters, Petitioner, David Fischer, is entitled to relief at equity, that the election results in favor of Respondent, Brian Painter, be set aside and the election of Respondent, Painter be deemed void and David Fischer be deemed nominated as the Republican nominee for Campbell County, First District,” the lawsuit reads.
Fischer alleges that Painter participated in unlawful electioneering ahead of the primary. Electioneering refers to the activities of campaigning for office, and in itself is not illegal in Kentucky, but is prohibited in certain situations.
A temporary injunction was filed on Thursday to stop the election results from being finalized while the case is pending.
“We are looking to have the election of Commissioner Painter voided by the court because of the unlawful electioneering that he either conducted or people on his behalf conducted in direct violation of Kentucky electioneering law and the Kentucky Corrupt Practices Act, which are criminal offenses and also lend to a removal from the ballot by a court and an election contest is filed,” said Steve Megerle, Fischer’s attorney.
Fischer also requested a recanvassing for May 26, and the results showed that Painter still won the race. Fischer now has the option to request a recount.
The case alleges that poll workers attending special election training in Campbell County were subjected to the presence of handbills and campaign materials from Painter, Campbell County Judge/Executive Steve Pendery, and Jailer James Daley, all of whom won their primary elections on May 17. Painter also allegedly passed out pens to 158 poll workers, the suit alleges.
“The campaign literature, cards, handbills, and pens placed by Respondent Painter, or Respondent, John Does, and Jane Does, on behalf on candidate Painter, with his knowledge is a clear violation of the electioneering statute because of the high likelihood patriotic poll workers exercise the franchise after their training sessions,” the lawsuit reads.
An unidentified member of Campbell County’s Republican Party’s election integrity committee then filed a complaint to Campbell County Clerk Jim Luersen about the materials. In response, Luersen said it’s common practice before the class starts, but candidates must leave once class starts.
“Any candidate is allowed to pass out literature at the poll worker classes,” Luersen said in an email to the committee member, which is listed in the lawsuit. “This has been the practice for decades.”
Luersen chose not to comment for this article, citing advice from county attorneys.
Painter didn’t comment on the court case but said he did everything legally and asked permission for everything he did.
“We pride ourselves on doing everything by the book and legally, and that’s the way we asked permission for everything we did,” Painter said. “That’s the way I see this election, and these folks are just trying to steal it. And that’s plain and simple.”
The lawsuit comes amid tension in the Campbell County Republican Party where party leadership and committee chairs either sought to oust GOP incumbents or campaign for open seats. Chairperson Anna Zinkhon unsuccessfully challenged Pendery. Fischer is vice chair of the county party.
“I got some grief because before I ran for vice chair, I was running for Campbell County commissioner,” Fischer said to LINK nky reporter Haley Parnell before the election. “There had already been three people before me within the last three to four years in a similar position.”
Anna Zinkhon and David Fischer did not respond to request for comment.
The lawsuit could possibly be heard by the court in the next 30 days.