Magoffin County Board of Elections v. John Montgomery
495 S.W.3d 686
| Ky. | 2016Background
- 2014 Magoffin County judge-executive election: certified result showed Charles Hardin (D) winning by 28 votes over John Montgomery (R) after large absentee advantage for Hardin.
- Montgomery sued under KRS 120.155 alleging widespread statutory violations: absentee ballot irregularities, election-day identification and assistance failures, and vote buying tied to county road/gravel work and cash payments.
- Bench trial produced extensive findings: some statutory deviations, limited proven vote buying (one voter's purchase supported), and disputed expert handwriting/signature analyses; trial court voided the election as result of "fraud and bribery." Court of Appeals affirmed.
- Kentucky Supreme Court reviewed de novo the legal conclusions, upheld most factual findings but found several key findings (especially multiple vote-buying conclusions) unsupported by substantial evidence.
- Court applied the high Kentucky standard for overturning elections—contestant must prove fraud/intimidation/bribery that so infects the election that winner cannot be determined—and concluded Montgomery failed to meet it.
- Result: Supreme Court reversed, ordered dismissal of contest, directed Hardin to assume office; only one vote (Jerry Adams) was found legally bought and deducted, leaving Hardin with a 27-vote lead.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court properly voided election for fraud/bribery affecting result | Montgomery: irregularities (absentee anomalies, vote buying, signature forgeries, officer misconduct) so pervasive election cannot be trusted | Hardin/Board: evidence insufficient, many violations directory or speculative, public policy disfavors overturning election | Reversed. Contestant failed to prove fraud/bribery sufficient to void; election upheld (one vote deducted) |
| Legality/significance of absentee voting irregularities | Montgomery: absentee application, in-house voting, and counting violations justify discarding absentee ballots or reallocation | Defendants: procedural deviations were largely directory; no proof those irregularities produced illegal votes for Hardin | Court: many deviations shown but were directory or lacked nexus to illegal votes; absentee ballots not discarded in whole |
| Alleged vote buying (cash payments, county gravel/road work) | Montgomery: cash payments and county-provided gravel/road work amounted to corrupt practices under KRS 121.055/KRS 120.015 | Defendants: plausible non-electoral explanations (routine county work, legitimate repairs); insufficient unimpeachable proof linking work/payments to votes or to Hardin | Court: only one vote (Adams) had substantial evidence of purchase; gravel/road work evidence speculative and insufficient to prove corrupt practice tied to election |
| Procedural/timing and pleading specificity (KRS 120.165/120.155) | Defendants: trial court exceeded statutory timing and relied on unpled grounds without fair notice | Montgomery: court had discretion to extend for cause and evidence addressed alleged general grounds | Court: procedural timetable deviation permissible without explicit written "cause" finding here; regardless, Montgomery failed to prove claims relied upon, so no reversible error |
Key Cases Cited
- Stewart v. Wurts, 135 S.W. 434 (Ky. 1911) (articulates high standard for overturning elections due to fraud or bribery)
- Skain v. Milward, 127 S.W. 773 (Ky. 1910) (election not lightly set aside; burden on contestant to prove fraud affected result)
- McClendon v. Hodges, 272 S.W.3d 188 (Ky. 2008) (bench trial standard; courts should preserve valid elections when possible)
- Ragan v. Burnett, 305 S.W.2d 759 (Ky. 1957) (absentee ballots as a separable unit; improper procedures may justify discarding absentee vote when nexus shown)
- Warren v. Rayburn, 267 S.W.2d 720 (Ky. 1954) (upheld discarding absentee ballots where illegal absentee procedures were directly linked to skewed absentee results)
- Varney v. Justice, 6 S.W. 457 (Ky. 1888) (directory vs. mandatory statutory requirements in elections)
- Skaggs v. Fyffe, 98 S.W.2d 884 (Ky. 1936) (statutes construed directory where compliance aids orderly procedure and does not affect merits)
- Jarboe v. Smith, 350 S.W.2d 490 (Ky. 1961) (courts reluctant to disenfranchise voters for minor absentee irregularities)
- Beauchamp v. Willis, 189 S.W.2d 938 (Ky. 1945) (single-signature comparison unreliable; courts should not void election on unproven signature challenges)
- Gross v. Cawood, 109 S.W.2d 597 (Ky. 1937) (Corrupt Practices Act requires unimpeachable evidence of candidate's personal knowledge/consent to violations to void election)