Published: September 04, 2008 09:42 pm      

Dismissal sought in lawsuit over Mount Hope city election

FAYETTEVILLE — Fayette County Circuit Judge Paul Blake agreed Thursday to take under advisement a motion to dismiss a lawsuit filed by a former Mount Hope mayoral candidate who claimed wrongdoing in May’s municipal election.

“This has gone on long enough. This matter needs to be put to rest one way or another,” Blake said, noting nearly four months have now transpired since the election in question.

The judge urged lawyers for both sides to provide him by Sept. 12 with memoranda of understanding, findings of fact, briefs and suggested orders of how they would like to see the matter resolved. Blake will then “issue a ruling promptly,” he added.

The motion for dismissal was filed by Nicholas County attorney Christopher Moorehead on behalf of Mayor Michael Martin and Mount Hope’s other elected officials. It was based primarily on procedural grounds as Moorehead argued that Mount Hope — not Fayette County — has “exclusive and original jurisdiction” in the matter.

On that point, both Blake and George F. Smith’s attorney — Michael Clifford of Charleston — had no quarrel.

According to Clifford, neither he nor his client was informed that city council had put the item of Smith’s lawsuit up for discussion on its June 10 meeting agenda.

“We’re asking the court to set up certain guidelines for how the city should proceed with a contest hearing,” Clifford stated. “We want something done with the evidence to make sure it’s secure. The city should also set a timeline (for responding to Smith’s allegations).”

Moorehead countered that neither Clifford nor Smith appeared at the advertised meeting of Mount Hope city council. “This should be heard by them (city council) first,” Moorehead asserted. Martin and a number of Mount Hope city council members, along with the town recorder, were on hand for Thursday’s hearing.



Clifford’s lawsuit was filed in Fayette County Circuit Court June 23 on behalf of Smith.

The suit requests that the court conduct a hearing and “invalidate the municipal election of May 13, 2008.” Smith lost to Martin by 37 of 421 total votes cast.

The petition claims 40 poll slips contained no signatures, making it impossible to audit the election records to confirm all voters and ballots were accounted for.

Also, according to the petition, many ballots were unfolded and examined by poll workers before they were placed in the ballot box, violating the voter’s right to cast a secret ballot. Poll workers are also alleged to have given inconsistent and inaccurate instructions to voters.

In one instance, the petition states, a poll worker, after advising a voter she had improperly attempted to vote a straight ticket, marked an “X” at the top of the ballot before dropping it in the box.

One poll worker, the petition alleges, was paid an additional $50 bonus for “unspecified extra services.”

The suit also claims one voter was said, in front of three witnesses, to have claimed that his speeding ticket would be dropped in exchange for his vote in favor of the incumbent administration.

Additionally, the provisional ballots, the petition reads, were mishandled during the canvass.

The petition requests that the court direct Mount Hope city officials to send all records, ballots and poll books to the Fayette County circuit clerk in order to prepare for an evidentiary hearing.

Smith’s goal is to set aside the election and allow Mount Hope residents to recast their ballots.

— E-mail: mhill

@register-herald.com