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Mayoral Election of 4 Nov 2014 court contest continues

No end in sight, yet. Mayoral Candidate Ben Arnold's attorney is requesting three panel Court of Appeals Judges to rehear its 2-1 decision reversing Adair Circuit Judge Judy Vances decision ordering a new election. Action means Adair Fiscal Court faces another decision on paying Adair Board of Election incurred legal bills.
To read the entire text of the latest petition, which ColumbiaMagazine.com requested and received from Attorney Elemer George, see: Arnold/ElectionPDF

By Ed Waggener

The appeals process in the contested election for the Mayor of Columbia, KY, on November 3, 2014, continues, with the filing of a petition for the three judge panel which reversed the ruling of Judge Judy Vance to rehear the matter.




With the filing, a question of further payment of fees for the Adair County Board of Election will go back to Adair Fiscal Court, which retroactively voted to pay $5,100 in legal fees the Adair Board of Elections incurred, but with the stipulation that further legal fees incurred would need prior approval of Fiscal Court.

Mayoral candidate Ben Arnold has indicated a willingness to take the matter to the U.S. Supreme Court if necessary.

In the petition, Elmer George, attorney for appellees Arnold, Smith, and Burton, argues that the Adair County Board of Elections had no standing to contest Judge Vance's decision and states that all three Appeals Court Judges concurred on this matter. "The Board could successfully appeal and vindicate its right not to hold an election, but Mr. Hardwick for his failure to appeal of cross appeal in this matter and assert his rights may no longer be qualified to serve as Mayor. That is an issue that would be beneficial to address in a rehearing."

Whether or not the three judge panel does rehear, it's decision, whatever it is, could be appealed for a trial before the full Kentucky Court of Appeals. From there, it could be appealed to the Kentucky Supreme Court, and then go into the Federal Court system, with the ultimate appeal to the U.S. Supreme Court.

In the meantime, Curtis Hardwick continues to perform the duties of Mayor of Columbia.


This story was posted on 2015-10-04 09:51:34
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