SALYERSVILLE - Democratic candidates filed a motion for a temporary injunction requiring Magoffin County Democratic Chair Dr. Charles Hardin to appoint challengers to certain polling places.
Democratic judge executive candidate H.B. Arnett filed the motion on May 6, stating that on April 18 the list of challengers was put in the county judge's office for Hardin, as well as presented to Alma Arnett, the vice chair of the democratic party.
Prior to that, the motion states that Arnett went on April 16 to Hardin Medical Plaza where Hardin works to give him the list challengers.
"The Respondent refused to look the list and an employee of the Respondent announced the Respondent would not see Petitioner H.B. Arnett or examine the list," according to the filed motion about Hardin (the Respondent).
With the May Primary Election set for May 20, the petitioners ask for a temporary injunction, stating their right to challengers would be violated by Hardin and they will "suffer immediate and irreparable injury, loss and damage and any final judgment by this Court will be ineffective."
Under KRS 117.315, if 25 percent of the candidates of a party ask for challengers to be appointed to oversee polling places on election day, basically to verify those who are voting are voters of that precinct, then the party chair, in this case current Magoffin County Judge Executive Dr. Charles Hardin, is to appoint challengers. While only 12 candidates were needed to fulfill the 25 percent requirement, 15 candidates signed the petition. Those included are: H.B. Arnett, Ralph Doug Allen, Matthew Wireman, Joshua Shepherd, Randall Bob Jordan, Tony Risner, Hanson Rowe, Bryan Montgomery, Johnny Arnett, Billy Brown, Stevie Pelphrey, Francis Lee Howard, Larry Carpenter Jr., Alvin Craft and Kerry K. Howard.
Four years ago a similar motion was filed, however enough petitioners removed themselves off of the case before it went before the court, dropping the number of candidates filing below 25 percent and dismissing the case.
In court Wednesday H.B. Arnett and Dr. Charles Hardin were able to come to a compromise, with both candidates getting challengers for the polling places, agreeing to the following injunction:
Whereas, the Petitioners' and Respondent desire that the forthcoming Primary shall be conducted in an open, honest, and fair manner for all Parties and citizens of Magoffin County, the Parties have reached the following agreement:
IT IS HEREBY ORDERED AND ADJUDGED, that the Petitioners' motion for temporary injunction requesting Challengers be seated in the following precincts; County Clerk's Office, Bradley, Flat Fork, Bloomington, Bayes, Meadows, and Ward II is sustained. The list of Challengers submitted by Petitioners' shall be the Challengers at said precincts.
IT IS FURTHER ORDERED AND ADJUDGED, that the Respondent, Charles Hardin, shall appoint a Challenger at each of the above precincts.
IT IS FURTHER ORDERED AND ADJUDGED, that the Respondent, Charles Hardin, shall appoint a Challenger for the County Court Clerk's Office not later than the close of business May 8, 2014 and that both Challengers shall be trained by the County Court Clerk after the close of business on Thursday, May 8, 2014.
IT IS FURTHER ORDERED, that all Challengers are hereby to abide by KRS 117.316, et seq.