The Resolution of Election Disputes: Legal Principles that Control Election Challenges 622 S.W.2d 686 622 S.W.2d 686 (Cite as: 622 S.W.2d 686) Page 5 ficers at the Fountain Run precinct were Brenda Hunt, Eual Hunt, Adrian Lee, and Marguerite Duncan. There are a variety of errors which should be noted in the conduct of the election in this precinct. Principally it was alleged that open voting was permitted in that assistance was provided to voters without the administration of the necessary oath and the completing of the necessary affidavits and that there was such bribery and corruption in the conduct of the election in the precinct that the election in the precinct was rendered unfair. The most insignificant problem is that the name of one voter, Roy Lee York, appears twice on the voters' check list at numbers 65 and 166. The precinct clerk, Brenda Hunt, was unable to explain this, although she testified she was sure that Roy Lee York did not vote twice. She testified that she was almost certain that he did not receive any assistance in voting. The voter signature list shows that Roy Lee York signed his name with a mark. When the polls were opened at Fountain Run, there were only three election officials present. One of the officials who had been chosen to serve on the basis of past service, informed the county clerk shortly before the election that he would not serve. The clerk was unable to get another Democrat from this heavily Republican precinct to serve as an election officer, and it was not until election morning that he secured Adrian Lee from another precinct to serve at Fountain Run. Mr. Lee did not arrive at the polling place until sometime between 10:00 and 11:00 o'clock. Until that time, the election proceeded with, at most, three election officials. During that same time period, Brenda Hunt was also absent from the polling place for brief periods while she attempted to get through to the county clerk to inform him of the missing election official. Her task was complicated by the fact that many phones in the area were inoperative. Thus, for some period of time, there were only two election officials at the poll. There are some interesting discrepancies in the return sheet for this precinct. First is the fact that Adrian Lee signed the certification as to the settings on the voting machine when the polls were opened. Mr. Lee did not arrive at the polls until sometime between 10:00 and 11:00 a. m. Secondly, the 298 number shown as registering on the protective counter when the polls opened in the morning is the same as that shown on the protective counter when the polls closed. The number of the seal used to seal the machine at 6:00 p. m. is exactly the same as the seal number on the machine when it was opened at 6:00 a. m. The simple fact is that both certificate No. 1 (for opening the machine) and certificate No. 2 (for closing the machine) were filled out at the same time. This was admitted by the precinct clerk, Brenda Hunt. No one read the protective counter in the morning or noted the number of the seal that was broken to open the machine. It appears that the opening counter number shown in certificate No. 2 was arrived at by subtracting 291 (the number of names on the clerk's check list of voters voting) from the closing reading. While this avoids embarrassing discrepancies such as that which occurred in precinct No. 6, it is clearly improper practice. It prevents the discovery of problems such as Roy York's name appearing twice on the clerk's list. Brenda Hunt also admitted that she alone signed the return sheet. She also wrote in the names of the other precinct election officials. The above items are individually not significant, but when considered accumulatively with the material that follows, they are pieces of a very sorry picture of the May 26 primary at Fountain Run. The first major problem is that of open voting. Marguerite Duncan testified that husbands and wives were allowed to enter the polls together. How frequently this happened on May 26 was never speculated on. There were no voter assistant's affidavits completed at Fountain Run. It is admitted *692 that assistance was provided. Brenda Hunt testified that some but not many voters were assisted. Her father, Eual Hunt, estimated that he assisted no more than 25 people to vote. Adrian Lee testified that as many as 50 people voted with assistance. Under Kentucky law, the completion of an affidavit and the administration of an oath is mandatory before a person may be assisted in voting. This was not done at all in Fountain Run on May 26. Usually such failure is due to ignorance on the part of the election officials. This is not the case here. © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.