State of Elections

William & Mary Law School | Election Law Society

Kentucky

Learning from Lawsuits: How Kentucky’s top officials adapted to satisfy voter complaints

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By Cameron Newton

When the dust settled following the contentious 2019 elections in Kentucky, each of the commonwealth’s major executive offices—save for the governorship—was won by the Republican candidate. While the election of Andy Beshear brought control of the Governor’s Mansion back into Democratic hands, perhaps the night’s most shocking result came as Michael Adams, an election lawyer with a history in Republican politics, upset former Miss America Heather French Henry in the race for Secretary of State. No thinking observer would have anticipated emerging election policy to be anything but crafted and contested along rigid ideological boundaries.

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Balancing Nonpartisan Judicial Elections with Candidates’ First Amendment Rights in Kentucky

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By: Carrie Mattingly

In Kentucky, all state court judges are elected in nonpartisan elections. Kentucky’s Code of Judicial Conduct seeks to keep candidates on nonpartisan message. But the 6th Circuit Court of Appeals recently struck down some judicial campaign restrictions on First Amendment grounds.

One sitting and two aspiring Kentucky judges brought suit to stop the enforcement of these judicial canons against them. Robert A. Winter, Jr. distributed campaign literature identifying himself as a “lifelong Republican,” and he received a letter stating that this literature may have violated the canon prohibiting campaigning “as a member of a political organization.” Judge Allison Jones asked voters to “re-elect” her, even though she was initially appointed to her seat, and pledged to provide stiff penalties for heroin dealers if elected. She also received a letter stating that her “re-elect” statement may have violated the canon prohibiting “false and misleading statements” and that her “stiff penalties” comment may have been an impermissible “commitment” inconsistent with the impartial performance of judicial duties. Finally, Judge Cameron J. Blau wished to give speeches supporting the Republican Party, to hold Republican fundraisers, to seek and receive Republican endorsements, and to donate to candidates and to the party, but he refrained in fear of sanctions.

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Balancing Nonpartisan Judicial Elections with Candidates’ First Amendment Rights in Kentucky

· ·

 

By: Carrie Mattingly

In Kentucky, all state court judges are elected in nonpartisan elections. Kentucky’s Code of Judicial Conduct seeks to keep candidates on nonpartisan message. But the 6th Circuit Court of Appeals recently struck down some judicial campaign restrictions on First Amendment grounds.

One sitting and two aspiring Kentucky judges brought suit to stop the enforcement of these judicial canons against them. Robert A. Winter, Jr. distributed campaign literature identifying himself as a “lifelong Republican,” and he received a letter stating that this literature may have violated the canon prohibiting campaigning “as a member of a political organization.” Judge Allison Jones asked voters to “re-elect” her, even though she was initially appointed to her seat, and pledged to provide stiff penalties for heroin dealers if elected. She also received a letter stating that her “re-elect” statement may have violated the canon prohibiting “false and misleading statements” and that her “stiff penalties” comment may have been an impermissible “commitment” inconsistent with the impartial performance of judicial duties. Finally, Judge Cameron J. Blau wished to give speeches supporting the Republican Party, to hold Republican fundraisers, to seek and receive Republican endorsements, and to donate to candidates and to the party, but he refrained in fear of sanctions.

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Electoral Corruption: When to Set Aside the Results of an Election?

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By: Carrie Mattingly

How much evidence of corruption should a court require before setting aside the results of an election? Most would say that any corruption is too much. But in a recent case, Kentucky’s highest court balanced the threat of corruption against the threat of destabilizing election results, concluding that there simply was not enough evidence of corruption to justify vacating the office pending another election.

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Kentucky Felon Voting And The Fate Of HCS HB 70

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by Richard Spoor, Contributor

The restoration of felon voting rights has slowly come to the Blue Grass state.  Section 145 of the Kentucky Constitution excludes those who have been convicted of a felony, bribery in an election, or treason from voting.  Felons, regardless of the variety of crime committed, are prevented from voting for life and the only way they can reestablish their voting rights is by applying to the governor.  Kentucky’s felons are “socially dead” having basic rights permanently withheld, most notably the right to vote.  However, there is a movement in Kentucky to change these somewhat draconian laws.  Bills amending the constitution’s section 145, while unsuccessful to date, have been introduced and have gained popularity.  Additionally, popular politicians have thrown their weight behind the movement.  It is entirely conceivable, if not probable, that Section 145 will be amended in the near future.  [Read more…] about Kentucky Felon Voting And The Fate Of HCS HB 70