Kentucky Secretary of State, Alison Lundergan Grimes, said her Office had called the Race for Beshear, as they do Not believe the Difference in the Vote can be made up by Bevin.
As if matters couldn't get more Complicated, Republican Senate President, Robert Stivers (25th District), then told Reporters that a Joint Session of the Kentucky General Assembly may Eventually decide the Winner, citing a Provision in the State Constitution that hasn't been used in 120 years.
State Law Allows for a Re-Canvassing if a County Clerk or a County Board of Elections Notices a Discrepancy, or if a Candidate makes a Written Request to the Secretary of State.
Bevin, following State Law, asked for a Re-Canvassing, Recount of the Votes and Referred to Unspecified "Irregularities" that were "Corroborated".
Re-Canvassing of the Vote is a Review of the Vote Totals by Each County Clerk, Counting Absentee Votes, and Checking Printouts to make sure the Numbers they Transmitted to the State Board of Elections were Correct.
If the Re-Canvassing Results are Unchanged, the Candidate can then ask for a Formal Recount that includes a Physical Examination of the Ballots.
There is No Provision for an Automatic Recount under Kentucky Law. A Candidate must File a Petition with the Franklin Circuit Court by the Tuesday following the Election. If Petitioned, the Judge would take Possession of the Paper Ballots and Voting Machines and Conduct their Own Recount. After doing so, the Judge would make the Final Decision on who Won the Race, but that would be Subject to Appeal to the Kentucky Court of Appeals or the Kentucky Supreme Court.
Joshua Douglas, a Professor in the University of Kentucky Law School said that while Bevin would Not be Charged for the Costs of a Re-Canvass, but would have to Pay for a Recount.
The Third Step that a Candidate could take is a Formal Election Contest, which must also be Filed by the Tuesday after the Election. Under this Contest, the Candidate Challenging the Results must Specify the Grounds for the Action, such as a Violation of Campaign Finance Rules or Specific Problems when it comes to how Ballots were Cast.
Last but not least, there is Section 90 of the State Constitution, which Addresses a "contest of election for Governor or Lieutenant Governor."
Section 90 states: "Contested elections for Governor and Lieutenant Governor shall be determined by both Houses of the General Assembly, according to such Regulations as may be Established by Law."
Sam Marcosson, a Constitutional Law Professor at the University of Louisville Brandeis School of Law, said that this Language of the State Constitution suggests there must be Procedure Established by Law for a Review of a Contested Election to take place by the House and Senate. “They can’t just make them up,” Marcosson said. Further, he said, such a Review would be Extremely Risky for Lawmakers to Undertake without Clear Reasons for a Contested Election.
“If the House and Senate were just to proceed on vague allegations without proof, that raises serious questions about disenfranchisement of the voters who voted for Attorney General Beshear,” Marcosson said. “It’s an extraordinary proposition to suggest that the General Assembly would take vague allegations of unspecified irregularities and call into question a gubernatorial election.”
Douglas, noting that he had “No Idea” what Irregularities Bevin Referred to in his Speech to Supporters Tuesday night, said in the Case of a Legislative Election Contest, Bevin would have to Call a Special Session of the General Assembly. Douglas said his Session would involve a Committee of 11 Members, Eight from the House and Three from the Senate, which “would hear evidence and make a final determination. And that determination would be final.”
After that Committee Decision, No Lawsuits could be Filed over the Decision, Douglas added.
For now, Bevin hasn't Specified what Action he will take, and neither has Stivers or House Speaker David Osborne (R-59th District).
Until then, Kentuckians will wait with bated breath as they wonder who their Governor will be for the next Four years and how long it will that to determine that Victor. Whatever step is taken, they do have to Act somewhat quickly. The Kentucky Constitution requires that a Governor be Sworn into Office on the Fifth Tuesday after an Election, which would be Dec. 10th.
NYC Wins When Everyone Can Vote! Michael H. Drucker
