KY: Judge reverses election for state Senate

[ridgerunner]

By Joseph Gerth
[e-mail]
The Courier-Journal

A Jefferson circuit judge overturned the 37th District Kentucky Senate election yesterday, ruling that the winner, Republican Dana Seum Stephenson did not meet state residency requirements.

Instead, the court ruled that Stephenson's Democratic opponent, Virginia Woodward, is the "de facto winner" of the election even though she lost by 1,022 votes on Election Day.

>snip

The constitution requires that Senate candidates live in the district where they are running for one year before the election and in Kentucky for the six years before the election.

In a 14-page decision, Jefferson Circuit Judge Barry Willett ruled in favor of Woodward on every point — although he said he didn't like the idea of disenfranchising the more than 22,000 people who voted for Stephenson.

more:http://www.courier-journal.com/localnews/2004/11/23ky/A1-seum1123-7854.html

-----------------

One down!!!

:party:

[Skidmore]

1. Rules apply to the GOP after all. nt

[yellowcanine]

5. Not over yet, though - not by a long shot - could end up in SCOTUS -

if they agree to take it, which they shouldn't, unless a lower Federal Court unwisely steps into this case.

[alfredo]

22. The state law is very clear, and the documentation points to her

residency in Indiana. She had a home, a drivers license, and she voted in Indiana. She was a legal resident of Indiana not Kentucky. No matter how you cut it, she did not fulfill the requirements for the office. Even if the judge didn't have the jurisdiction, the law is the law and she should be charged with perjury.

[Laelth]

24. If that's the test, then TX can't give its electoral votes to Shrub.

Because if that's the test, Cheney is a resident of TX and not WY. Cheney has a home and a driver's license in TX. The US Constitution says that a state can't give it's electoral votes to a candidate if both the Presidential candidate and a Vice-Presidential candidate are residents of that state. The 5th Circuit Court of Appeals ruled that, despite all of this, Cheney is a resident of Wyoming.

Come on, folks. You know better. The rules don't apply to Republicans. I'd bet this ruling will not stand.

-Laelth

[alfredo]

27. We will do what we can

We are putting together a fund to help her legal fight.

[Laelth]

32. And I didn't mean to discourage you.

Please, fight the good fight. That's the admirable thing to do. I wish you well.

:toast:

-Laelth

[alfredo]

34. As long as I am fighting, I am not defeated. eom

[johnfunk]

28. US Sen. Rick Santorum (R-VA... er, PA) -- you're NEXT!

Stripping the arrogant little weasel of his Senate seat should prove adequate punishment for making his offspring the victims of home-schooling!

[bushisanidiot]

2. Holy Shit! That's amazing! Wonderful news!

we FINALLY get something to go our way.. I never thought I'd live to see it happen.

[Claire Beth]

7. dont' get too excited yet....

I fear it could be overturned in courts of higher authority - unfortunately.

[KDLarsen]

11. How?

I mean, the case is pretty clear here - the Rethug didn't live long enough in the district, according to KY law. How could it possibly be overturned - unless, of course, we get into the whole "intentions" thing again.

[Claire Beth]

12. read post #5. n/t

[absolutezero]

3. how does it feel?

payback's a bitch ain't it? :evilgrin:

[alfredo]

4. Great!!!

She should be charged with perjury.

[BurgherHoldtheLies]

6. Santorum doesn't live in Pennsylvania either...hmmmmm

Wonder if my state has a rule like that. Santorum, his wife and 6 kids live in a million$ home in Virginia but keep a 2 bedroom rental house in Pittsburgh which has a tenant in it.

Dare I dream!!!

[napi21]

8. This was a State position, not Federal. I doubt there's any rule

that says a Senator who works in DC all the time can't live close to work. Sorry, I'd love to see this guy out of office too. The best bet I've seen so far is that Penn Hills paid $100,000 for his kids for cyberschool, which is apparently only for "residents". I heard Penn Hills was going to demand that $$ back! If you can push this into a big enough scandal, it might get him voted out in 2006.

[BurgherHoldtheLies]

10. Maybe Chris Heinz could run against Santorum...

and play up Santorum living in VA while using PA funds/fake residency to fund his kid's cyberschool.

I wish PA had a rule like Kentucky...maybe someone will dig up some old PA law with a similar theme.

I can dream, can't I?

[napi21]

14. I'm made the Chris Heinz suggestion before. I think he'd be great!

Do you have any idea if anyone inside the Dems has talked to him about this yet? I don't live in Pa anymore, so I doubt that it would matter if I contacted someone in the Pa. Dems, but people who do live there could help by contacting their local Dems to get the ball rolling.

And yes, you can dream! I'll help you!

[BurgherHoldtheLies]

16. I called the PA Democratic party with the suggestion...

Apparently I wasn't the only call they've had suggesting that Chris Heinz take on Santorum.

I also have a personal contact who is very close to the Heinz family...I just haven't had a chance to talk to him yet...but I will.

[napi21]

18. That's terrific! He would start out with a BUG name advanage!

His mom may be a bit of a controversial figure, but the people of Pa haven't forgotten his father, and I think a lot of his popularity would transfer to Chris. Keep up the good work on this, and keep us up to date on the progress.

[Hoosier Democrat]

21. No residency law for U.S. Senators

There is no requirement that a person elected from a state maintain residency in that state. here in Indiana, neither of our Senators actually live in Indiana. Both Bayh and Lugar live in the DC area.

[LiberalFighter]

29. Should find out if Santorum claims the VA home as primary

[BurgherHoldtheLies]

31. 2 bedroom house in PA...with 6 kids...looks like VA is primary

He has some family member renting the 2 bedroom. He used PA taxpayer money to fund this cyberschool too!!!!

[American Tragedy]

26. It is unconscionable that Pennsylvania elected someone like Santorum

How is that possible? I tend to see that state as being rather more progressive.

[BurgherHoldtheLies]

30. I ask myself that question on a regular basis living in PA

[dkofos]

9. Why did it take until after the election to figure this out??

[sunnystarr]

15. Good Question!

Seems to me someone should have known the residency requirement for office including the candidate

[dkofos]

35. Well, he was repug.

Certainly can't accuse any of them of thinking.

[fob]

13. This is one of those stories wherein if you reversed the references

of Democrat and republican, it would be front page, world headline, 24/7 news about how the Democrat was "stealing" or "cheating" to win. Hell I suppose even as written that's gonna happen sooner or later anyway.

News for the republics who chose this person as their candidate, SHE'S FUCKING INELLIGIBLE TO RUN, DUMBASSES!! Oh, and GET OVER IT!!

EDIT: PS - How many of the 22,000 would have voted for her if they knew she was inelligible?

[HuffleClaw]

17. erm, could this be used AGAINST kerry?

it seems to me the republicans are pretty practiced at using such things to THEIR advantage. could a similar tactic be used against kerry somehow?

[ridgerunner]

19. What makes this even funnier

is that these jackasses had the same problem in last years Governor election :dunce:

Bates withdraws as lieutenant governor candidate

Friday, March 28, 2003
By Al Cross
[e-mail]
The Courier-Journal

Hunter Bates said yesterday that he's giving up his bid for lieutenant governor and won't appeal Wednesday's court decision disqualifying him as Republican U. S. Rep. Ernie Fletcher's running mate.

Bates said he believed Oldham Circuit Judge Paul Rosenblum's ruling that he hasn't lived in Kentucky long enough to run was wrong, but that an appeal would continue to distract attention from issues in the May 20 primary.

>snip

Rosenblum ruled that Bates could not run this year because the state constitution requires governors and lieutenant governors to be citizens and residents of the state for the six years preceding their election.

Rosenblum ruled that Bates maintained his Kentucky citizenship, but not his residency, while he lived in Alexandria, Va., from 1995 to 2002.

more:http://www.courier-journal.com/localnews/2003/03/28/ke032803s388461.htm

[bmoney07]

20. Too bad we don't have more Judges that read law

Instead of feeling their own opinions??

[BrklynLiberal]

23. Keyes ran in IL

and he was not a resident.
It must be a state by state law....

[American Tragedy]

25. Here's what is bizarre about this

All of us already knew that she was ineligible weeks before the election even took place. In order to run, she must have signed forms indicating that she had been a resident for six years, but within months some publication noted that she had only been in Kentucky for three years. I think she's a Hoosier but I'm not sure.

I don't know how she thought she was going to get away with it, unless she was arrogant enough to think that they would just change the law once she won.

She was a total fraud, too. She posed with someone else's children in one of her ads to imply that they were her own. The mother reportedly demanded that she stop showing the image but she refused.

[Laelth]

33. Bring her up on perjury charges.

Seriously! Find a sympathetic lawyer and take her to court. This is war. We can't win if we keep rolling over.

just my 2 cents ...

-Laelth