A Boone County judge has moved to quash some evidence discovery in a challenge to the recent Union city election.
Boone County Circuit Court Judge Richard Brueggemann granted a motion from county clerk Justin Crigler and his attorney Jeff Mando to stop some evidence discovery in the challenge which was brought by former Union City Commissioner Doug Bine.
The judgment came at a hearing Tuesday morning. Specifically, Crigler and his team had requested the court prevent depositions of both Republican and Democrat poll workers at Union Precincts 1 and 4, where voters reported wrongful ballot distributions on Election Day. The motion to quash also requested the court prevent the depositions of Crigler himself and Elections Supervisor Stacy Adkins.
Mando argued depositions were unnecessary as, in his view, all of the relevant facts had already been established, and the Boone County Clerk had already admitted that errors in ballot distributions occurred. The judge agreed with the clerk’s attorney, granting his motions. Additionally, Megerle had moved to set a trial date, but he withdrew this motion on Tuesday, according to the circuit court clerk’s office.
Both sides must now simultaneously submit arguments to the court by Monday, Jan. 27, laying out their proposed remedy for solving the election problems.
There has been confusion about the court’s power in this case, as the election irregularities arose not out of bribery, violence or intimidation, for which there is already established case law and statute, but due to mistakes.
Megerle confirmed with LINK nky that he and Bine plan to ask for a new city-wide election.
Mando, on the other hand, told LINK nky that he plans to argue the court rule that no election occurred, which would vacate the relevant seat on the commission and allow Mayor Larry Solomon to appoint a replacement.
The mayor advocated for appointing Bine at the most recent meeting of the Union City Commission, but his proposal was voted down. It’s still unclear, Mando said, if the judge would vacate the one seat for which Bine ran or if he would vacate the entire commission.
“A new city election is the only remedy prescribed by law,” Megerle told LINK nky. “As I understand it, the clerk and the Board of Elections, instead of running an election where the people speak, want the mayor to appoint an entirely new city commission. The stinks to me.”
Mando did not believe the court had the power to call a whole new election. He pointed to the Kentucky statute, which states, “if it appears from an inspection of the whole record that there has been such fraud, intimidation, bribery or violence in the conduct of the election that neither contestant nor contestee can be judged to have been fairly elected, the Circuit Court, or an appellate court, on appeal, may adjudge that there has been no election. In that event the office shall be deemed vacant, with the same legal effect as if the person elected had refused to qualify.”
Depending on how the court rules, there could be a whole new city election later this year, or the mayor could end up appointing a new commissioner. Alternatively, if the commission fails to appoint a new member within thirty days of its first meeting, which occurred on Jan. 8, the power to make an appointment falls to the governor.
LINK nky will report more on this story as it develops.