Whether Kentucky law provides an exception to the general rule that in a Regular Election Contest the burden of proof rests with the contestant, thus re-assigning the burden of proof to the contestee in circumstances where the contestee is the incumbent county clerk.
We think there is even more reason in the case before us than there was in the [Warren v.] Rayburn[, 267 S.W.2d 720 (Ky.1954),] case to require those in charge of absentee ballots, the appellant and her deputies, to show that the balloting was conducted legally, and that all requirements of the law to insure its fairness, at least, were met substantially. Under the circumstances, it was the duty of the appellant to go forward with the proof, and the trial court properly so held.
Lowe cannot prove that Scott improperly influenced any specific voter. Neither, however, can [Scott] prove that she did not. According to the Crowe precedent, as stated above, the burden on this issue rests squarely on Scott's shoulders because of the distinct position of trust she holds as the incumbent clerk. She cannot meet her burden. Lowe must therefore win because Scott has failed to put in place any appropriate checks to prevent her own overreaching.
Machine Total | Absentee Total | Total Votes | |
Carolyn Scott (D) | 2,172 | 364 | 2,536 |
Billy Joe Lowe (R) | 2,207 | 178 | 2,385 |
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