Kentucky

Once upon a time the political in-fighting  took place in closed and smoke-filled backrooms with slug fests on the campaign trial and their final culmination at the ballot box with the candidate garnering the most votes prevailing. 

However, a new political reality is finding prime time with pre-emptive political strikes being plastered in the courtrooms of this Commonwealth as suits are filed contesting a candidates qualifications to appear on the ballot.

Although it may make "cents" financially, it makes little sense when the voters are denied a choice because a person or a candidate or a political party or even a political pundit  lawyers up and seeks to have a single person (eg., judge) kick a candidate off the ticket.

Tomorrow (Oct. 13, 2010) will see this drama unfurl in Division 5 Court room of the Jefferson Circuit Court with Judge Mary Shaw presiding.  The case is styled Greg Reddington vs. Michael P.W. Lewis et al, Civil Action No. 10-CI-006645, filed on 9/24/2010.  The named defendants include:

• Michael P. W. Lewis - independent candidate for Kentucky State Representative, 35th District, Jefferson County.  See, http://lewisforstatehouse.com.
• Other defendants include Secretary of State Trey Grayson who certified Mr. Lewis' petition to be on the ballot; Jefferson County Board of Election who will prepare the ballot.

The plaintiff is Greg Reddington who apears to be a former assistant to Mayor Abramson in Louisville who is represented by Jennifer Moore, Kentucky Democratic Party attorney.  According to a story by Nancy Rodriguez with the Courier-Journal, Lewis' name is already on the ballot so should Reddington and the Kentucky Democratic party prevail, then votes for Lewis would not count.

What makes this legal slug fest even more interesting is that Independent candidate for Governor Gatewood Galbraith is reportedly making an appearance at this hearing on behalf of Michael P.W.Lewis.

The basis for the lawsuit surrounds the validity of 84 voter signatures on nominating papers for Michael P.W. Lewis.

For more details on the House race involving Michael P.W. Lewis (I) and Jim Wayne (D), see the Courier-Journal story entitled "Independent seeks House District 35 seat held by long-time Democratic incumbent" dated Oct. 5, 2010.

Now for some more of the legal stuff surrounding this use of the courtroom to win at the ballot box.

• Gail Powers ruled ineligible in Louisville's District 44 House race
  
  

A Jefferson Circuit judge has ruled that votes for the Republican candidate for the 44th District House seat won't count because of an invalid signature on her candidacy paperwork.

Judge Irv Maze ruled last week that one of the two required signatures on Gail Powers' petition is invalid because the individual does not live in the 44th District, which encompasses portions of Valley Station, Pleasure Ridge Park and the city of Shively, said Stephen Fein, who filed the challenge.

Powers, who owns a custom automobile restoration business, is challenging incumbent Democratic Rep. Joni Jenkins, who has held the seat since 1994.

?If you run for office in a certain legislative district, you have to have both signatures from that district,? said Fein, who is legislative chairman with the Jefferson County Democratic Party.

[Note Fein's involvement with the Jefferson County Democratic Party and Judge Irv Maze was formerly the Jefferson County Attorney (and a Democrat too)].

• And don't assume all the legal shenanigans originate with the Democrats as a Republican legal challenge has been filed in Jefferson Circuit Court against Democratic candidate Jeff Donohue in a race with Republican Wade Hurt in the 37th District.  In this same Courier-Journal story,

A similar challenge has been filed against the Democratic candidate in the 37th District.

Louisville resident Paul Holliger states in a complaint filed in Jefferson Circuit Court that Democratic candidate Jeff Donohue is ineligible because one of the signatures on his petition is from someone who does not live in the district.

Donohue, 56, a retired union negotiator, is in a race against Republican Wade Hurt, 43, a former official with the Jefferson County Republican Party, for the seat currently held by Democrat Ron Weston, who is retiring.

The district stretches across parts of southwestern Jefferson County.

Holliger's attorney, Robert Heleringer, said a hearing date for the challenge has not yet been set.

Donohue said his campaign is dealing with the matter.

?The state of Kentucky has certified me as the candidate not only in the primary but in the general election and we are going to move forward,? he said.

[Note Heleringer the attorney representing Holliger is a former Republic House member from Jefferson County.]

• Deonte Hollowell valid candidate in Metro Council race, judge says
  
  
  
  Jefferson Circuit Judge Charles Cunningham ruled Wednesday that Louisville Metro Councilman Deonte Hollowell is a legitimate candidate on ballots and can seek re-election in the District 6 race on Nov. 2.  . . . . Jennifer Moore, the state Democratic Party chairwoman from 2007-09 and the attorney representing plaintiff William Clark, said it is unclear if her client will appeal the ruling. They have five days to decide.

And for the record, this ain't Jennifer Moore's first rodeo as noted by a post from the Old Bluegrass Report which is noted in one of our old posts entitled:  Courts: Judicial Candidate Challenge Fails in Jefferson County and CJ Editorial: Wood to the woodshed.

We also posted on the legal challenges in judicial elections in 2006 entitled Jefferson County Judicial Elections: Beat 'em In Court if You Can't Beat 'em in the Ballot Box.

And you wonder why we still have the no dueling provision in the oath of office?