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  • Attorney Tim Allen (left) files a civil lawsuit challenging the August 28 alcohol referendum on behalf of Scottie Morrow (right) and 25 other plaintiffs. The complaint seeks to void that election in favor of a new one. Janie Slaven

    Timothy Allen Scottie Morrow
September 12, 2012

Judge to decide referendum challenge

Morrow cites irregularities in lawsuit filed Wednesday

By JANIE SLAVEN News Editor

WHITLEY CITY —  The wafer-thin margin which kept McCreary County dry following the August 28 referendum on alcohol sales is being challenged in a new civil lawsuit.

    Last Wednesday, Scottie Morrow — the citizen who spearheaded the petition to get the issue on the ballot — filed a five-page complaint against the McCreary Board of Elections and its members: McCreary County Clerk Eric Haynes, McCreary County Sheriff Gus Skinner, Republican representative Tim Corder and Democrat representative Ralph Murphy.

    Morrow had initially requested a recanvass (a recheck of voter machine totals) but learned that only a candidate can request such action in his or her own race. Typically the next step is to take legal action to request a recount (an actual examination of ballots). While the civil suit does mention a “hand recount” as an alternative, Morrow is actually seeking a new election on the alcohol referendum due to several alleged irregularities, including:

    • The absentee ballot box was left unlocked for approximately five days. County Clerk Haynes previously told The Record that he discovered that issue while Morrow was visiting his office. Haynes alerted the local election board as well as the county attorney and state election officials. Haynes also contacted dry supporter Mark Sewell so that he and Morrow could be consulted together.

    • Citizens for a Secure McCreary County campaigned as an unregistered political issues committee. The organization was not initially registered, according to the Kentucky Registry of Election Finance, but will be required to file a post-election report.

    • Precincts permitted voting with no ID verification.

    • There were reports of active electioneering, voting after the cutoff time and the presence of unauthorized people at the East Pine Knot precinct.

    • Voting machines became unusable following a power outage. County Clerk Haynes previously told The Record that no votes were lost on August 28 due to this issue in three precincts.

    • Some precincts used paper ballots, some used voting machines, and some used both.

    • There have been reports that Tennessee residents voted.

    • Eligible voters were turned away from the polls because they were either not active or they were not 21.

    A mere one percent separated dry votes (2,532) from wet (2,485).

    Joining Morrow are 25 other citizens, including: Kimberly Morrow, Daniel T. Thiels, Patricia A. Cash, Eddie D. Cash, Martha Kay Roberts, Lois L. Brumley, Todd Hansford, Tony Hansford, Tammy Jo Colbaugh, Ricky Tucker, Allen Ball, Lillian Frasure, Clyde Tucker, Paul Tucker, Phillip Brian Hill, Cristy A. Hill, Daniel Shane Gilreath, James M. Baltimore, Misty D. Baltimore, Rodney Paul Baltimore Jr., Jessie Watters, Brianna Myers, Patricia Meadows, Robert Wayne Meadows and Roger Tucker. The plaintiffs are being represented by Timothy W. Allen of West Somerset.

    At press time, a hearing had yet to be scheduled in McCreary Circuit Court.

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McCreary County Sheriff Gus Skinner (center) and Deputy Tom Smith escort Madie Parriman to a cruiser following her arrest on a federal indictment yesterday.

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