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LUERSEN v. FISCHER

NO. 2022-CA-0788-EL, NO. 2022-CA-0789-EL.

651 S.W.3d 206 (2022)

James LUERSEN, in His Official Capacity as Campbell County Clerk; James Luersen, in His Official Capacity as Member of the Campbell County Board of Elections; Jack Snodgrass, in His Official Capacity as Member of the Campbell County Board of Elections; James Schroer, in His Official Capacity as Member of the Campbell County Board of Elections; and Kenneth Fecher, Designee of Sheriff Michael Jansen, in His Official Capacity as Member of the Campbell County Board of Elections, Appellants v. David FISCHER and David Fischer for Campbell County Commissioner, Appellees. and Brian Painter and Painter for Commissioner Committee, Appellants v. David Fischer; David Fischer for Campbell County Commissioner; James Luersen, in His Official Capacity as Campbell County Clerk; James Luersen, in His Official Capacity as Member of the Campbell County Board of Elections; Jack Snodgrass, in His Official Capacity as Member of the Campbell County Board of Elections; James Schroer, in His Official Capacity as Member of the Campbell County Board of Elections; and Kenneth Fecher, Designee of Sheriff Michael Jansen, in His Official Capacity as Member of the Campbell County Board of Elections, Appellees.

Court of Appeals of Kentucky.

August 26, 2022; 10:00 A.M.

Attorney(s) appearing for the Case

BRIEF FOR JAMES LUERSEN, IN, HIS OFFICIAL CAPACITY AS, CAMPBELL COUNTY CLERK; JAMES LUERSEN, IN HIS, OFFICIAL CAPACITY AS, MEMBER OF THE CAMPBELL, COUNTY BOARD OF ELECTIONS; JACK SNODGRASS, IN HIS, OFFICIAL CAPACITY AS, MEMBER OF THE CAMPBELL, COUNTY BOARD OF ELECTIONS; JAMES SCHROER, IN HIS, OFFICIAL CAPACITY AS, MEMBER OF THE CAMPBELL, COUNTY BOARD OF ELECTIONS; AND KENNETH FECHER, DESIGNEE OF SHERIFF MICHAEL, JANSEN, IN HIS OFFICIAL, CAPACITY AS MEMBER OF THE, CAMPBELL COUNTY BOARD OF, ELECTIONS: Jeffrey C. Mando , Olivia F. Amlung , Covington, Kentucky.

BRIEF FOR BRIAN PAINTER AND, PAINTER FOR COMMISSIONER, COMMITTEE: Carol Schureck Petitt , Kyle M. Vaughn , Tess M. Fortune , Pewee Valley, Kentucky.

BRIEF FOR DAVID FISCHER, AND DAVID FISCHER FOR, CAMPBELL COUNTY, COMMISSIONER: Steven J. Megerle , Covington, Kentucky.

BEFORE: COMBS, LAMBERT, AND K. THOMPSON, JUDGES.

OPINION

These appeals come before the Court from a June 27, 2022, order of the Campbell Circuit Court, vacating the victory of Campbell County Commissioner Brian Painter ("Painter" or "Appellant") for his renomination in the District One Republican primary on May 17, 2022, and replacing Painter with challenger David...

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