Boone Co. judge rules to disqualify 69th District GOP challenger

05/13/2016 03:59 PM

Boone Circuit Judge J.R. Schrand has disqualified 69th House District challenger Danny Seifried in the GOP primary against incumbent Rep. Adam Koenig, R-Erlanger.

The two Republicans have been fighting in court after Erlanger resident Lucy Riffle filed suit over Seifried’s eligibility to appear on the ballot after the first-time candidate failed to meet the one-year residency requirements outlined in the state constitution.

Voters will still see Seifried’s name on the ballot, but Schrand has ordered Boone and Kenton County clerks to provide notice to precinct election officers that Seifried has been disqualified and withdrawn from the race. Precinct officers will post the notice for voters in the district.

All votes for Seifried will not be tabulated or recorded, under the judge’s order. Kentucky statute does not provide for the removal of a candidate’s name after candidates have been certified and ballots printed.

An attorney for Seifried argued this week that his client would meet the one-year residency requirement by the time the Board of Elections certifies the results, and he said that was the definition of an election.

In Schrand’s order, he wrote that the definition of an election and time frame are clear in the Kentucky Constitution.

“Elections for state officers, such as State Representatives, are to take place on the first Tuesday after the first Monday in November,” Schrand wrote in his order. “It is necessary to have a date certain for the general election to avoid voter confusion, which could arise if the Court were to agree with Seifried’s position that the residency requirement is not a date certain, but a date between an election and the third Monday thereafter, when the State Board of Elections meets to certify the results.”

Download the full court order here: Schrand Order.pdf

In a statement, Koenig said he will continue working to represent the people of the 69th House District.

“I’ve been knocking on doors since the beginning of this race and talking to voters of the 69th District,” Koenig said. “And even with this order, I’ll continue knocking on doors right up until the polls close next week on Election Day.”

Seifried did not immediately return a request for comment.


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