AG will investigate Tompkinsville Mayor's race for alleged fraud

Court ruling over turns election and likely makes Hodges the new mayor

By RONNIE ELLIS

FRANKFORT — Officials with the state Office of the Attorney General are investigating the Tompkinsville Mayor’s election last November which produced a large number of walk-in absentee voters and a court challenge which likely still isn’t over.



Beverly McClendon won last November’s race for Tompkinsville Mayor over Jerry Hodges by one vote but special Circuit Judge Ron Johnson ruled that 143 absentee ballots in two precincts were invalid after Hodges challenged those ballots. Voters who testified in the trial often couldn’t explain their reasons for voting absentee. (Walk-in absentee votes are cast on machines in the county court clerk’s office in the days in advance of the election by those who will be out of town on election day.)



McClendon appealed to the state Court of Appeals which Friday ruled that those ballots invalid and directed Judge Johnson to re-tabulate the vote without those absentee ballots. That will cost McClendon 102 votes which should make Hodges the winner.



The Court of Appeals also directed that copies of its ruling be served on Attorney General Greg Stumbo, Secretary of Sate Trey Grayson, and Monroe County Clerk Teresa Sheffield and requested that Stumbo and Grayson “take whatever action that they may deem to be warranted concerning the conduct of the walk-in absentee voting in the November 7, 2006 election, as well as to prevent such abuses in the conduct of future elections.”



Stumbo said Wednesday his office will investigate.



“We are looking into it,” Stumbo said. “We’ve contacted Trey Grayson to see how he wants to proceed as well.”



Stumbo said if his investigators find evidence of any violations of federal law, that information will also be turned over to the U.S. Attorney. The federal attorneys usually don’t become involved in local vote fraud investigations unless there is a federal office at stake, but last November’s ballot included candidates for the U.S. Congress.



Grayson’s spokesman, Les Fugate, said Stumbo’s office has contacted the Secretary of State but pointed out that office has no investigatory authority. The Secretary of State is the state’s chief election official and routinely reports numbers of absentee ballots to the Attorney General after each election.



The ruling provides 10 days for McClendon to seek a rehearing, but the court isn’t likely to reverse its own ruling. Until that time expires, however, McClendon continues to serve as Mayor, according to Tompkinsville City Attorney Rich Alexander of Glasgow.



Hodges’ attorney, David Cross of Albany, said he expects when Judge Johnson recounts the votes – without counting the 143 absentee ballots – and enters his judgment, Hodges will be declared Mayor.



“Until that time, I’ve advised Mr. Hodges not to take any aggressive action,” Cross said.



McClendon’s attorney, Dan Taylor of Louisville, said he will seek an appeal before the state Supreme Court if the Court of Appeals doesn’t reverse its Friday ruling.



Taylor said the majority opinion over turning the election is wrong for three reasons.



“The Court of Appeals disenfranchised large numbers of voters who had nothing to do whatsoever with a flawed election,” Taylor said. “The court cancelled out their votes.”



He said nine days of testimony from 80 witnesses in Monroe County Circuit Court indicated no wrong doing by McClendon but he is deprived of office “through no fault of his own whatsoever.” And finally, he said the proper remedy is a new election.



Cross said even if McClendon was not directly involved in the alleged vote fraud doesn’t make the result valid.



“Beverly McClendon was a beneficiary of a corrupt election,” Cross said. “The trial court ruled no misconduct by Mr. McClendon, but you can’t let him benefit from a corrupt election.”



The Court of Appeals ruling also quoted from an earlier court case that the “county court clerk is in a particularly sensitive position as respects the proper handling of absentee ballots.” It went on to say, “Because that position of trust appears to have been abused in the conduct of walk-in absentee voting” in the two precincts, the court directs a copy of its ruling to be served on Sheffield.



Sheffield said all she is responsible for is the administration of the election and requiring absentee voters to sign affidavits that they have reason to cast an early absentee ballot.



“If they signed a lie, I’m not responsible for that,” Sheffield said. She said she made several calls to the state Board of Elections and Grayson’s office in the days running up to the election, alerting them that Monroe County was seeing a very high number of absentee ballots.



“All they said to me is you’re responsible for administering the paperwork when they come in to vote,” she said. Officials told her if she did not witness illegal activity she could not prevent those voters from voting.



Sheffield said new, touch-screen electronic voting machines confused voters as well, many of whom asked for assistance. She said Cross told her that her paper work was in good order during his preparation for the trial and Cross Wednesday confirmed that.



“She maintained a very good paper trail and it helped me make my case,” Cross said.



Monroe County has a long, colorful, history of political intrigue and alleged vote fraud.



Cross said the court ruling will do more to halt corrupt election practices than any investigation because the public will see people who benefited from election fraud removed from office.



“I believe the best deterrent to corrupt elections in Monroe County is not further investigation,” Cross said. “The installation of Jerry Hodges as mayor will do more than anything else to change the culture there.”



RONNIE ELLIS writes for CNHI News Service and is based in Frankfort. Reach him at rellis@cnhi.com.

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