By Jack Brammer
NKyTribune reporter
A special judge in Campbell Circuit Court has voided the primary election of longtime incumbent Commissioner Brian Painter of Alexandria for campaign violations.
If the ruling stands, Painter’s name on the Nov. 8 general election ballot will be removed and replaced with Painter’s opponent, David Fischer, a Fort Thomas businessman and vice chair of the Campbell County Republican Party.
Dave Fischer
Fischer lost to Painter by 106 votes in the primary. His opponent in November will be Democrat Melissa Whalen, a lawyer from Fort Thomas.
Special Judge Charles Cunningham Jr. of Jefferson County found Painter violated the state’s electioneering ban.
Painter had been sued May 27 by Fischer for allegedly illegally campaigning in the May primary election. Fischer asked the court to void the election and declare him the winner.
Painter, through his attorney, Jim Morgan, denied the allegations and asked that the suit be dismissed.
The lawsuit contended that Painter illegally campaigned for himself and others at least six different times inside the board of elections during training sessions for poll workers.
The suit noted that state election law requires all poll workers to be trained by the county clerk and county attorney and candidates are prohibited from being within 100 feet of a polling place during voting or from campaigning or placing campaign materials inside a polling place.
Brian Painter
It said the training for 158 poll workers for the Campbell County race was held at the Campbell County Administration Building, which houses the county clerk’s office or county board of elections.
While early absentee voting was going on May 2, 3, and 4, the lawsuit said, Painter spoke to, gave campaign literature, and solicited votes from Republican poll workers inside poll worker training area for himself and others.
It said the poll workers voted after their election training.
The special judge sided with the lawsuit, issuing a 12-page decision.
Painter and others involved in permitting the electioneering could face criminal charges from state Attorney General Daniel Cameron’s office, which is investigating the case.
Painter could not be immediately reached for comment. He could appeal the circuit court judge’s decision.
Fischer’s attorney Steven Megerle of Newport, who is a member of the Campbell County Republican County Committee and Republican National Lawyers Association, said Fischer and he feel vindicated by the decision.
“We think that the judge weighed all the facts and made the right decision, not just for the Republicans who voted in Campbell County but to show that … when it comes to elections, even a small or arguably technical violation has no place in our democratic process.”
