By Jack Brammer
NKyTribune reporter
The Kentucky Supreme Court is acting quickly to decide whether to review legal action in a disputed race for Campbell County commissioner.
In a one-page order issued on Friday, Chief Justice John D. Minton Jr. gave Brian Painter until 4:30 p.m. Wednesday, Sept. 7, to respond to David Fischer’s request for the court to review the Kentucky Court of Appeals decision that said Painter, not Fischer, is entitled to be the Republican nominee for Campbell County commissioner in the Nov. 8 general election.
Minton said the state’s highest court responded to Fischer’s request for quick action “in the interest of time and cognizant of upcoming election deadlines.”
David Fischer and Brian Painter
He said if the court decides to review the appellate court decision, it could set additional expedited briefing hearings.
Fischer’s attorney, Steve Megerle of Covington, had told the Supreme Court that the Kentucky Secretary of State, who oversees elections in the state, and Campbell County clerk had upcoming statutory deadlines to prepare ballots for the November election.
He said they need to know the proper nominee as soon as possible so the election will not be put on hold.
Painter’s attorney, Carol Schureck Pettit of Pewee Valley, has not returned phone calls seeking comment.
On June 27, a special judge in Campbell Circuit Court – Charles Cunningham Jr. of Jefferson County – ruled that Painter, a longtime incumbent commissioner of Campbell County from Alexandria, should not be on the November ballot because he had violated campaign laws in the May Republican primary election.
The appellate court unanimously disagreed in late August and said Painter should be the nominee.
That led to Fischer’s request or the Supreme Court to review the case. Fischer is a Fort Thomas businessman and vice chair of the Campbell County Republican Party.
Fischer lost to Painter by 106 votes in the primary.
Democrat Melissa Whalen, a lawyer from Fort Thomas, will face whoever is the Republican nominee in November.
Fischer had sued Painter May 27 for allegedly illegally campaigning in the May primary election. Fischer asked the court to void the election and declare him the winner.
Painter 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.
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.
But the Court of Appeals said it could not determine how many votes changed because of a particular violation of the election laws and it would not overturn the election results.
Fischer also claims in his Supreme Court filings that Campbell County Clerk James Luersen and his fellow election officials violated their oath to administer fair elections by allowing the solicitation of votes during poll worker training sessions in May.
Luersen’s attorney, Jeff Mando of Covington, said he has not seen Fischer’s filings to the Supreme Court and would reserve comment until then.
Kentucky Attorney General Daniel is investigating electioneering in the May primary election for Campbell County commissioner but has not commented on it.
