VERIFIED PETITION TO CONTEST RESULTS of 2014
COLUMBIA MAYORAL ELECTION AND TO
SET THE ELECTION ASIDE Come the Petitioners, Ben Arnold, Ruth Smith, William Buron, and Andrea Waggener, through counsel, and pursuant ot the provisions of KRS 120.155 and KRS 120.165, and by the rights vested to them under Section 1, Section 2, Secton 3, Section 4, and Section 6 of the Kentucky Contitution, and the applicable state and federal statues and the equity powers of this Court, they hereby contest the results of the Columbia, Adair County, Kentucky Mayoral election for the office of Mayor of Columbia, Kentucky, which was held on November 4, 2014.

1. Petitioner, Ben Arnold, was a candidate for the Mayor of Columbia, Adair County, Kentucky in he 2014 general election
2. Petitioner, Ben Arnold, is a resident of Adair County, Kentucky
3. that the Respondents are Curtis Hardwick, successful candidate for may, June Parson, unsuccessful candidate for may, the City of Columbia, and the Adair County Board of Elections. The Respondents should assert any claims that they may have in this action or forever be barred.
4. Mr. Arnold received in excess of twenty-five percent (25%) of their votes cast for the the successful candidate for the office
5. That pursuant to KRS 120.155, Ben Arnold hereby contest the validity of said election and the outcome of same on the grounds hereinafter stated
6. Petitioner, Ruth Smith, is a resident of Adair County and is a registered voter in Adair County, Kentucky
7. Petitioner, William Burton, is a resident of Adair County, Kentucky, and is a registered voter in the City of Columbia
8. Petitioner Andea Waggener, is a resident of Adair County, Kentucky, and is a registered voter in the City of Columbia.

COUNT 1

9. The Petitioner restates and re-alleges all allegations previously stated as if fully reprinted herein
10. That in the election for Mayor of the City of Columbia, numerous voters were improperly listed as not being residents of the City of Columbia on the voter rosters and therefore, eligible to cast a ballot.
11. That it is apparent that the recent annexations have not been updated with the County Board of Elections for every resident of the City of Columbia to be entitled to the right to cast a ballot in the city election.
12. That during the election, this became the issue as voters who knew they were city residents were not listed as eligible to vote in the mayoral election.
13. That the Petitioner Arnold states that a significant number of voters reside within the city limits of Columbia, Kentucky, but were not listed on the election rosters as voters for the mayoral election
14. That this action invalidates the result of this election as those voters were denied their constitutional right to cast a ballot in the election herein under the Kentucky Constitution, Sections 1, 2, 3, 4, and 6, and the Petitioner's Rights thereto as well.
15. That this action further violated the right of the candidates to have all eligible voters pass judgment on their candidacy pursuant to those clauses and KRS 120.165(4) that the successful candidate was not fairly elected.

COUNT II

16. The Petitioner restates and re-alleges all allegations previously stated as if fully reprinted herein
17. That during the course of the election, it became apparent that there was a problem with voter rosters
18. One precinct did not have ballot for three hours for county voters, causing disruption in the voting process.
19. That during said election the county clerk instructed the polll workers to ask voters if they are residents of the City of Columbia based upon whether they paid city taxes or not.
20. That it has been stated that poll workeers gave the wrong ballots to voters in the election
21. That this was improper as it potentilly allowed voters who were not eligible to vote in said city election as only voters registered properly should be allowed to vote in an election and violated the federal and state statutes for conducting elections an dthe Kentucky Constitution Sections herein relied upon.
22. That these irregularities did untold harm to the election process and by itself or with the combination of Count I require the Court to find the election to be no longer valid as representative of the will of all the citizens of the City of Columbia and under KRS 12.165.(4) in that Respondent Hardwick was not fairly elected.

COUNT III

23. The Petitioner restates andre-alleges all allegations previously stated as if fully reprinted herein
24. The Petitioner states that he believes there are instances of voters who voted in the election for him as a write-in, but may not have been counted as a vote for him
25. That the intent of the voter prevails over all procedure and therefore, all said votes must be counted for him if it is readily apparent that the votes were cast in his favor even if the voting machine did not register vote as a write-in vote.
26. Therefore, the Petitioner asks the Court to allow inspection of the ballots to add whatever votes would have ben cast in his favor in this matter to his total pursuant ot KRS 117.295

COUNT IV

27. That Ruth Smith, William Burton, and Andrea Waggener, on their own and for the interest of those similarly situated, hereby sates and alleges as follows:
28. That I reside in the city limits o Columbia, Kentucky.
29. That on Election Day I presented myself to vote at my polling place
30. That I was not listed as a voter for city elections
31. That I was unable to vote for the mayoral contest.
32. That contrarily I understand voters not residents of the City of Columbia were offered ballots in the mayor election.
33. That said actions violated our constitutional rights under Section 1 of the Kentucky Constitution, the right to liberty; under Section 2, denying arbitrary power to the state; under Section 3, that all men are equal; under Section 4, that power is inherent in the people and they have an indefeasible right to alter or reform any government; and under Section 6, that all elections shall be free an equal.
34. That the actions of Defendants, City of Columbia, Adair County Board of Elections, violated my rights to a ballot in the mayoral contest
35. That said party requests to be allowed to sue pursuant ot Civil Rule 23.01, as a representative of the class of similarly situated individuals anf for this matter to proceed as an action under Civil Rule 23.

WHEREFORE, Petitions ask the COurt order as follows:

1. To Invalidate the results of the mayoral election of November 4, 2014
2. To order a special election for the office of Mayor to be heldat the next opportunity pursuant ot KRS 120.165.
4. That the ballot be held and counted at the order of the Court Pursuant to KRS 117.295
5. For his court costs and attorney fees; and
6. For any and all proper relief

Respectfully submitted

(Signed)
ELMER J. GEORGE
JONATHAN R. SPALDING
105 WEST MAIN STREET
LEBANON, KY 40033
(270) 692-2161
COUNSEL for PETITIONER