By Jack Brammer
NKyTribune reporter
“Time is of the utmost essence,” said the attorney for David Fischer in asking the Kentucky Supreme Court Monday to review quickly last week’s Kentucky Court of Appeals decision in a disputed race for Campbell County commissioner.
The appellate court said Brian Painter, not Fischer, is entitled to be the Republican nominee for Campbell County commissioner in the Nov. 8 general election.
In trying to overturn that, Fischer’s attorney, Steve Megerle of Covington, said in filings with the Supreme Court that the Kentucky Secretary of State, who oversees elections in the state, and Campbell County clerk have upcoming statutory deadlines to prepare ballots for the November election.
He said they need to know the proper nominee as soon as possible so the election will not be put on hold in Campbell County.
Painter’s attorney, Carol Schureck Pettit of Pewee Valley, was not immediately available for comment.
On June 27, a special judge in Campbell Circuit Court – Charles Cunningham Jr. of Jefferson County – ruled that Painter, a longtime incumbent commissioner of Campbell County from Alexandria, should not be on the November ballot because he had violated campaign laws in the May Republican primary election.
The appellate court last week unanimously disagreed and said Painter should be the nominee.
That led to Fischer’s request Monday for the Supreme Court to review the case. Fischer is a Fort Thomas businessman and vice chair of the Campbell County Republican Party.
Fischer lost to Painter by 106 votes in the primary.
Democrat Melissa Whalen, a lawyer from Fort Thomas, will face whoever is the Republican nominee in November.
Fischer had sued Painter May 27 for allegedly illegally campaigning in the May primary election. Fischer asked the court to void the election and declare him the winner.
Painter denied the allegations and asked that the suit be dismissed.
The lawsuit contended that Painter illegally campaigned for himself and others at least six different times inside the board of elections during training sessions for poll workers.
The suit noted that state election law requires all poll workers to be trained by the county clerk and county attorney and candidates are prohibited from being within 100 feet of a polling place during voting or from campaigning or placing campaign materials inside a polling place.
It said the training for 158 poll workers for the Campbell County race was held at the Campbell County Administration Building, which houses the county clerk’s office or county board of elections.
While early absentee voting was going on May 2, 3 and 4, the lawsuit said, Painter spoke to, gave campaign literature and solicited votes from Republican poll workers inside poll worker training area for himself and others. It said the poll workers voted after their election training.
But the Court of Appeals said it could not determine how many votes changed because of a particular violation of the election laws and it would not overturn the election results.
Fischer, in asking the Supreme Court for a speedy review of the case, said the high court should limit the time for Painter to respond to it from 30 days to five days, making the deadline Friday.
Fischer also claims in his Supreme Court filings that Campbell County Clerk James Luersen and his fellow election officials violated their oath to administer fair elections by allowing the solicitation of votes during poll worker training sessions in May.
Luersen’s attorney, Jeff Mando of Covington, said he has not seen Fischer’s filings to the Supreme Court and would reserve comment until then.
Kentucky Attorney General Daniel is investigating electioneering in the May primary election for Campbell County commissioner but has not commented on it.