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 7 she did not have Waller's support; (2) Mrs. Jernigan had significant ties to the Fountain Run area; Mrs. Curtis did not. However, Mrs. Curtis won the precinct by a 3-1 margin; (3) Things were normally pretty "loose" in Fountain Run. The city clerk testified that 80% of the voters were "floaters" or votes for sale. The city clerk further testified that there were large numbers of people there who were unable to write and for whom he had to endorse checks. James Jernigan testified that he and his wife were among the few husbands and wives who didn't go into the polls together when they voted at Fountain Run, and that individually, they were among the few who didn't have someone peering through the curtain watching them vote. When the vote of a precinct is challenged on the grounds that the election conducted in the precinct was unfair, the law is: (1) that the vote of a precinct can be thrown out for irregularities in the conduct of the election therein of such magnitude as effectively to destroy any hope that the results as tabulated were a fair indication of the sense of the voters in that precinct and (2) that the result of the election can be determined on the basis of the votes from the remainder of the election territory unless the number of votes in the precinct constituted a substantial portion (20% or more) of the votes in the entire territory. Upton v. Knuckles, Ky., 470 S.W.2d 822, 825 (1971). maining votes. It is ORDERED that the judgment appealed from is reversed and the case is remanded to the Monroe Circuit Court for the entry of a judgment declaring Patsy Jernigan to be the Republican nominee for the office of circuit court clerk. It is further ORDERED that, in exercise of this Court's option under K.R.S. 120.075(3), this opinion be final immediately upon rendition. All concur. 622 S.W.2d 686 END OF DOCUMENT [6] The proof must be of such flagrant, extensive, and corrupt violations as to destroy the fairness and equality of the election. Upton v. Knuckles, supra, at 827. [7] It is the opinion of this Court that there was overwhelming evidence of dereliction of duty on the part of the precinct officers, such that it appears that the officers made little if any effort to properly perform their function. There was evidence of an extensive amount of open voting in that husbands and wives were permitted to enter the poll together and that voters were improperly and illegally assisted in casting their votes. That there was evidence of bribery of voters on a determined and significant scale. This combination of factors compels a finding that the election in Fountain Run was so tainted with fraud that the result must be discarded and the election determined on the basis of re- 300 © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.