Constitutional crisis in Kentucky: The Kentucky Senate (22R, 15D, 1 vacant) has voted to seat Republican Dana Seum (sime) Stephenson instead of Democrat Virginia Woodward who had been ruled by the court to be the only legitimate candidate for the 37th district (west Louisville). On Nov 1, candidate Woodward had filed a motion saying that opponent Stephenson had resided in Kentucky for only two of the six years required for candidacy by the Ky Constitution. At the hearing, Stephenson admitted that she had lived in her Indiana house, paid resident tuition, obtained a driver's license and voted in Indiana and had been expunged from Ky voter rolls, but had owned a house with her mother in, and had always intended to return to, Ky. Unofficially, Stephenson had received a 1000 vote plurality but the judge upheld the Constitution, ordering the election board to not count the votes cast for Stephenson, thus making Woodward the de facto winner.
Stephenson, doubting her legal grounds, and no-doubt on the advice of her Democrat-turned-Republican father, Dan Seum, 38th dist Senator, chose to appeal, not to the courts but, to the as-yet unseated Republican Senate. The law clearly establishes that the courts have jurisdiction on challenges filed before 1st Tue Nov, and the Legislature on issues filed thereafter.
On Jan 4 the Republican Senate voice-voted not to seat Democrat Woodward and, per procedure, selected by lot a panel of 9 to recommend. Turned out 5 Dem, 4 Repub, one of which was daddy Dan Seum who recused himself by law and another name was drawn, a Republican. The 5 Democrats sided with the Constitution & the court and the finding was signed by only the 5 Democrats. The 4 Republicans filed a second opinion recommending a run-off election. On Jan 7, the Republican Senate 'siezed' power and seated Stephenson. The resulting 23-15 membership would seem to make little difference except that this action pushes the Republican majority above the 60% necessary to ratify Bushclone Gov. Fletcher's proposed budget, which guts the programs that are so essential to the building of this backward State: jobs, education, health-care, environment. In typical Republican arithmetic, 2 years residency = 6. One noble Republican, Sen Bob Leeper has threatened to resign.Woodward ain't quittin' an' we ain't lettin' her, but it will take a passel o' greenbacks for her to take this all the way to the soo-preem court where the world can see the Boss Hogg-style politics the Republicans do here in Kentucky. I know my wallet's flat from the last go-'round but I reckon maw can do without that feedsack dress she's been a-countin' on. Maybe some of you Yankees an' Californyans,etc with real factories an' stuff can see yer way to floatin' a few sawbucks this-a-way. Jes' click on http://changeforkentucky.com/vwpledgepage.html (Used-to-be the ol' Dean for Ky horde, switched over to local candidates since Feb, but we're still a-pushin' Dean for DNC Chair).
Saturday's Courier-Journal story is here:
The timeline here:
[Update] - tman submits the following correction/detail: Three of the Republican committee members filed a dissenting report stating that Stephenson's was qualified to run and that she be seat as Senator for that district. This is the report that was voted on and passed. Senator Leeper filed a third report recommending that Stephenson was not qualified and a special election be held. When Leeper was denied having his report be read and voted upon, he stated his intention to resign his seat. It is my understanding that he has not yet resigned.
And...latest from AP: A circuit judge on Monday declined Woodward's motion to prohibit Republican Dana Seum Stephenson from taking any actions as a senator, but said he would consider later this week whether she was properly seated and sworn in.