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.
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