Mayoral election lawsuit back in Supreme Court

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December 4, 2008

By GINA KINSLOW The Glasgow Daily Times Thu Dec 04, 2008, 10:18 AM CST

TOMPKINSVILLE — A civil case that will ultimately decide who should be mayor of Tompkinsville has been referred back to the Kentucky Supreme Court for a ruling.

“It’s in the hands of the court,” said Rich Alexander, Tompkinsville city attorney. “There is no time frame for the ruling upon any petition like that. Petitions for either rehearing or modification are assigned to a particular justice and that justice will then make a recommendation on that petition and circulate it among the other justices.”

The Court rendered an opinion on Oct. 23 with a 6-0 vote that the November 2006 Tompkinsville mayoral race be set aside in favor of a new election.

According to state Supreme Court rules, because it was styled as an opinion, the ruling does not become effective until the 21st day after it was rendered, Alexander said in an earlier Daily Times story.

Former Monroe County Sheriff Beverly McClendon won the mayoral race in November 2006 with 325 votes over opponent Jerry Hodges, who had 324 votes.

Hodges challenged the election claiming McClendon conducted campaign activities within 300 feet of polling places and near the Monroe County Courthouse while walk-in absentee voting was occurring.

During the 21-day period, McClendon had 21 days to request a rehearing. He filed the paperwork Nov. 12.

Hodges then had 20 days from the date McClendon filed his paperwork to respond to the petition for rehearing and he filed for a rehearing Dec. 1. On that same day, the case was then sent to the Supreme Court justices for assignment.

When asked for a comment regarding the case, McClendon said, “We’re just waiting for whatever the decision is. Both sides have filed a petition before them again and we’ll just have to wait for the outcome, whatever the Supreme Court says.”

Hodges had a similar comment.

“We’re just waiting for the procedure to run its course and go from there,” he said.

Until the court makes a ruling on the case, McClendon will remain mayor, Alexander said.

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