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Commentary: Concerns about appeal


BOARD of ELECTIONS EGO's BRUISED? "If in fact, it was the board of election members egos that were bruised because of the word fraud even though no moral or criminal intents was implied, then they should bear the costs of the appeal since it would seem to be solely on personal grounds." - JON HALSEY


Commentary by Jon Halsey

According to Mayor Hardwick's statement:
"The appeal filed by the Adair County Board of Elections was filed because Judge Judy Vance, in her ruling, mentioned fraud by the Board of Elections in two places."
It that is in fact the reason for the appeal it might suggest two unfortunate scenarios. Article continues...

Based on a cursory reading of Judge Vance's FINDINGS OF FACT:
  • 6. ...the fact that many voters who were actually city residents were denied their right to vote in the city races, and that some county residents were permitted to vote in the city races.

  • 8. Election precinct maps were not properly update, nor provided to poll workers, for the November election. Several areas within the city limits of Columbia were not listed as being eligible to vote in the city election.

  • 9. ...several clerical errors regarding identification of individual voters...

  • 10. The integrity of a least two of the voting machines is questionable,...

  • 11. Due to numerous errors, omissions, and apparent acts of negligence committed on Election Day, an indeterminate amount of votes in the mayoral election were unaccounted for. It was undisputed that this number could have easily exceeded on hundred votes.
In the CONCLUSIONS OF LAW section:
Referencing KRS 120.165(4):

16. ...Constructive fraud arises through some breach of a legal duty which, irrespective of moral guilt, [my emphasis] the law would pronounce fraudulent because of its tendency to ...violate confidence, or to injure public interests.
In her summary statement, Judge Vance states:
"Further, the combination of numerous, varying forms of errors committed on Election Day constitute a constructive fraud upon the voters of the City of Columbia.
Nowhere in her judgement does the Judge say, imply or intimate in any way that the "Constructive Fraud" was deliberate or planned. In fact she is careful to point out that Constructive Fraud is "irrespective of moral guilt".

If, as Mayor Hardwick said in his official statement the appeal was filed because fraud was mentioned in two places, it seems to me that we either have an Election Board that cannot correctly understand what they read or we have an Election Board that felt their egos were so offended that they choose to cost the citizens they are supposed to represent the significant costs of the appeal as well as the upheaval and stress that has, is and will continue to affect this community.

If in fact, it was the board of election members egos that were bruised because of the word "fraud" even though no moral or criminal intents was implied, then they should bear the costs of the appeal since it would seem to be solely on personal grounds.
In the absence of any explanation from the Election Board, I choose to think that both situations were in play.

--Jon Halsey, Knifley


This story was posted on 2015-04-27 07:57:36
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