Sunday, February 3, 2019

GOP on verge of stealing Kentucky House election

What do you do when you lose a Kentucky House election by one vote? What if the county recounts the votes and the result doesn't change? What if the state certifies the result as final? What if the House seats the winning candidate and assigns him to committees?

Well, if you're a Republican, you throw a big temper tantrum about the result and leave it to a panel full of Republicans to decide what to do about it.

That's exactly what happened in an Owensboro-based House seat, where Democrat Jim Glenn upset Republican incumbent D.J. Johnson.

After Glenn was seated, a GOP-led House panel ordered the seizure of ballots in that election and had them transported to the Republican House Clerk's office in Frankfort. State law requires the ballots to be kept in a box with 3 locks, but they were transported unsecured - with no box. An Owensboro Messenger-Inquirer photo showed the ballots sitting on a desk in the open. Glenn's lawyer filed a motion claiming the ballots were "spoiled evidence."

After House Republicans tampered with these ballots, what do you think happened? They ordered the ballots sent back to Owensboro - again unsecured - for yet another recount, which took place yesterday. According to yesterday's tally, the race ended in a tie. Glenn actually was ahead at first, but Johnson personally hounded vote counters into counting rejected ballots. These included one for Johnson on which the voter signatures did not match, and another on which the voter had originally filled in a circle for a straight Republican ticket but then came to their senses at the last minute and crossed it out.

State law says tied elections shall be decided by drawing lots. In this case, regardless of how that turns out, it will still be up to the Republican-led Kentucky House to decide what to do after that. But they have one big problem. Glenn has already been seated, and the only legal way to remove him would be impeachment. They can't impeach him unless he breaks the law. Glenn has promised to sue if they try this.

So Republicans are out of luck, right? Voopvoopavoop wrong! Certainly, they have no legal basis for removing a seated House member from office without evidence of wrongdoing. But they also had no basis for the Citizens United ruling. They just make up their legal theories as they go along.

I don't understand how the Kentucky GOP is any different from an overseas dictator who just ignores election results and declares themselves the winner. This wouldn't even be the first time in recent years that Kentucky Republicans have done this very thing, for it has happened at least once in a county race.

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