Special election will decide who will be mayor

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February 13, 2009

By GINA KINSLOW The Glasgow Daily Times Fri Feb 13, 2009, 02:39 PM CST

TOMPKINSVILLE — TOMPKINSVILLE — There will be a special election the first Tuesday in May to decide who will be Tompkinsville’s next mayor.

The ruling was made Thursday by Special Judge Ron Johnson in Monroe Circuit Court, following the submission of a motion for a new election to be held by Beverly McClendon’s attorney Dan Taylor during a special hearing.

McClendon won the November 2006 mayoral race with 325 votes over opponent Jerry Hodges, who had 324 votes.

Hodges challenged the November 2006 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.

The matter has been heard by judges at the local circuit court level, the appellate level and by the Kentucky Supreme Court over the course of two years.

The Kentucky Supreme Court denied McClendon’s petition for modification of an opinion rendered on Oct. 23, 2008.

The Supreme Court’s ultimate holding in the case is that the Kentucky Court of Appeals’ decision is reversed and the original judgment of the Monroe Circuit Court entered on March 2, 2007 be reinstated, which means the 2006 mayoral election will be set aside and declared null and void and a new mayoral election will be held, which sent the case back to Monroe circuit Court for the special hearing.

Johnson pointed out Thursday that no candidate has been proven to be fraudulent, however the November 2006 election was a fraud.

“It’s up to the people down here to make sure this doesn’t happen again,” he said.

McClendon was pleased with the outcome of the hearing.

“The election is on again. We will see what the people has to say about that. I expect to win again and accomplish a lot that I haven’t accomplished. I’m satisfied. I’ve got two years and 22 days of it and now I will finish out from May for about a year-and-a-half,” he said.

Hodges, however, was not happy with the Court’s decision.

“I hate to see the city of Tompkinsville burdened with a new election. If I had the authority to do it I would say let the (Tompkinsville City) Commis-sion appoint (someone) and let them serve their term out, because I know the financial set of the county. I would recommend not to have a special election, but I’m not the judge,” Hodges said.

Both McClendon and Hodges plan to again seek the mayoral seat during the special election in May.

McClendon served as mayor until the Supreme Court upheld the Monroe circuit Court’s original decision that the 2006 mayoral election be set aside and a new election held.

Because of that ruling, there is no one presently serving in the mayoral position.

The Tompkinsville City Commission was given 30 days to appoint someone to serve as mayor. If the Commission fails to do so, the governor will then appoint someone to fill the vacancy.

The Commission is scheduled to meet on Feb. 19 and it is possible that someone will be appointed to the mayoral seat at that time.

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