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Court Cases, Young's By-Laws

Young v. Democratic Party of Kentucky (Beshear, Grimes, Conway, Hughes, Logsdon, et al)

Political parties are voluntary associations for political purposes. They are governed by their own usages, and establish their own rules. Members of such parties may form them, reorganize them, and dissolve them at their will. The voters constituting such party are, indeed, the only body who can finally determine between contending factions or contending organizations. The question is one essentially political, and not judicial, in its character. It would be alike dangerous to the freedom and liberty of the voters, and to the dignity and respect which should be entertained for judicial tribunals, for the courts to undertake in any case to investigate either the government, usages, rules, or doctrines of a political party, or to determine between conflicting claimants' rights growing out of its government. Davis v Hambrick 58 S.W. 779, 780, 109 Ky. 276.
Court of Appeals of Kentucky in Davis v. Hambrick, 109 Ky. 276, 58 S. W. 779:

Section 6 of Ky Constitution: All elections must be fair and equal:
“The Kentucky Court of Appeals has interpreted “fair and equal” to mean that election rules should be uniform, impartial, and nondiscriminatory.”

Burns v Lackey, 1916;
The court ruled that the control of 30% of a town's eligible voters through a secret organization by the mayor and a candidate for commissioner amounted to an unconstitutional intimidation and rendered the election invalid.

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Davis v. Stahl, 1941; this section doesn't apply to primary elections; (Ireland)
1941; Davis v Stahl;

Montgomery v. Chelf, 118 Ky. 766, 82 S.W. 388. 1904;

1954, Rosenberg; virtually identical to Geoff Young's case;

1900 Davis v Hambrick

all of these are before 1975 overhaul of Judicial System; and the 1992 Amendment, which both changed election? Laws.


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Kentucky Irish American: n. Saturday, April 25, 1903. https://www.elephind.com/?fes=1&a=q&r=1041&o=20&results=1&sf=byDA&puq=CASNSTILRL

Image 1 of Hopkinsville Kentuckian, November 28, 1902

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"Primary election May 9, 1903"
The Democratic State Executive Committee is in session here today considering the method by which a State ticket should be nominated next year, Gov. Beckham and his following favoring primary election all over Kentucky, while the friends of the other Gubernatorial candidates urge a continuance of the old convention plan of making nominations. The fight between the two factions promises to be long and bitter.
11/25/1902; “Leader”

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In Eagan v. Gerwe, 65 S.W. 437, this court said, “It seems reasonably clear from these provisions that the legislative intent was to place primary elections on the same plane as the regular elections.” When a primary election has been called in the manner prescribed by the statutes, the members of the committee who called and are required by the law to conduct it became officer of the law, and are required to respect and enforce the statutes enacted for the regulation of primary elections. If they refuse to perform a duty imposed by law—for instance, refuse to place the name of a candidate on the ballot—a mandamus will lie to compel them to do so. Young v. Beckham (Ky.) 72 S.W. 1092.


1951 Democratic Primary:

Yes, in my answer filed 4/1/15 and several filings since then. My contention is that a US Supreme Court case from 1944 should trump dicta from a Kentucky case decided in frikkin 1900, about 3 years before primaries were even widespread in the Commonwealth. My normal procedure when arguing cases is to cite very little case law myself. When the eedyit opposing lawyers cite case law in their motions to dismiss, I methodically research each case they cite, figure out how it actually supports my position & undermines theirs, and write it down in my answer. Conway's lawyer is less competent than a few others I've encountered since the mid-1980s, but I've never seen a motion to dismiss that was worth the paper it was written on. Here's one case I researched myself and cited:

"Smith v. Allwright, 321 U.S. 649 (1944) held that the Democratic Party of Texas was a "voluntary association," "protected...from interference by the State except that: 'In the interest of fair methods and a fair expression by their members of their preferences in the selection of their nominees, the State may regulate such elections by proper laws.'" [Id. at 654-5] At issue was whether Negroes would be allowed to vote in Democratic primaries. A previous US Supreme Court decision, Nixon v. Herndon, 273 U.S. 536 (1927), had overturned a Texas law that had declared, "in no event shall a Negro be eligible to participate in a Democratic primary election in the State of Texas." The Texas Democratic Party and its Democratic-controlled legislature had reacted by giving "the State Executive Committee of a party the power to prescribe the qualifications of its members for voting or other participation. This article remains in the statutes. The State Executive Committee of the Democratic party adopted a resolution that white Democrats and none other might participate in the primaries of that party." [Smith v. Allwright at 658] The existence of a

'statutory system for the selection of party nominees for inclusion on the general election ballot makes the party which is required to follow these legislative directions an agency of the State in so far as it determines the participants in a primary election. The party takes its character as a state agency from the duties imposed on it by state statutes; the duties do not become matters of private law because they are performed by a political party.' [Id. at 663]

In Kentucky, at least since 1891, it has been an impeachable offense for "any person who, to procure his nomination or election, has, in his canvass or election, been guilty of any unlawful use of money, or other thing of value, or has been guilty of fraud, intimidation, bribery, or any other corrupt practice, and he shall be held responsible for acts done by others with his authority, or ratified by him." [Constitution Sec. 151] The Smith v. Allwright decision clarified to all American citizens that a political party's actions are subject to review by the courts even though it is a voluntary association and even if it is following its own bylaws and the laws of the state, if its methods are not "fair methods" and if they prevent "a fair expression by their members of their preferences in the selection of their nominees." [Id. at 654-5] Yet the five Defendants, in their Motions and Memoranda to Dismiss, are claiming that no court in the land may interfere in "an internal party matter," in which category they include primary elections and the selection of KDP chairpersons, even if the KDP's bosses have (or may be shown to have) engaged in a conspiracy to rig certain primary elections in May, 2014 and May, 2015, defraud Kentucky's Democratic voters, practice corruption and cronyism, and intentionally violate key KDP bylaws for their own personal gain.

Plaintiff wonders if he will hear Counsel try to argue in Court that dicta from a 1904 case, Montgomery v. Chelf, 118 Ky. 766, 82 S.W. 388, which they interpret to mean that in primaries anything goes, should trump the decision of the Supreme Court of the United States in Smith v. Allwright, 321 U.S. 649 (1944).

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With a successful legislative session behind him, Beckham made a bold political move in June 1906: he orchestrated an effort to set the Democratic gubernatorial and senatorial primaries in November – a full year before the gubernatorial election and two years before the senatorial election. Beckham wanted the Senate seat, and moving the primary up two years would allow him to secure his party's nomination while he was still governor. It also allowed him to use his influence as governor to sway the party's choice of his potential successor as governor. State Auditor Samuel Wilbur Hager was Beckham's choice for governor and easily won the early primary over challenger N.B. Hays. Former governor James B. McCreary challenged Beckham for the senatorial nomination, but Beckham won by more than 11,000 votes.

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In considering a motion to dismiss, the allegations of the complaint are taken as true and construed in the light most favorable to the non-moving party. Louisville v. Stock Yards Bank and Trust, 843 S.W.2d 327 (Ky. 1992). It is appropriate to dismiss an action if it appears that the plaintiff would be unable to prevail under any set of circumstances at trial. Pari-Mutuel Clerk's Union, Local 541 v. Kentucky Jockey Club, 551 S.W.2d 801 (Ky. 1977).

This is a political question that is not appropriate to be determined by this Court. Intraparty political disputes are not jusiciable. The judiciary will not interfere in matters that are essentially political rather than judicial. This issue is a matter of First Amendment protection of the political process and has been addressed in Davis v. Hambrick, 58 S.W. 779 at 780 (Ky. 1900) as the following:

Political parties are voluntary associations for political purposes. They are governed by their own usages, and establish their own rules. Members of such parties may form them, reorganize them, and dissolve them at their will. The voters constituting such party are, indeed, the only body who can finally determine between contending factions or contending organizations. The question is one essentially political, and not judicial, in its character.

Because Plaintiff only identifies alleged violations of the KDP bylaws in the Complaint, the Court does not find any statutory prohibition or other authority that provides this Court with justification for judicial intervention.

Wherefore, the Defendant's Motion to Dismiss is Granted and the Plaintiff's Complaint is hereby Dismissed with prejudice for failure to state a claim upon which relief may be granted pursuant to CR 12.02.

This order is final and appealable and there is no just cause for delay.

Ordered May 1, 2015
Signed
Thomas D. Wingate


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2 court cases by Beshear and Co:

Rosenberg v. Republican Party of Louisville and Jefferson County, 270 S.W.2d 171 (Ky. 1954)

Montgomery v. Chelf, 118 Ky. 766, 82 S.W. 388, (1904)

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Wingate's Ruling:

Davis v. Hambrick, 58 S.W. 779 at 780 (Ky. 1900)

This issue is a matter of First Amendment protection of the political process and has been addressed in Davis v. Hambrick, 58 S.W. 779 at 780 (Ky. 1900) as the following:

“Political parties are voluntary associations for political purposes. They are governed by their own usages, and establish their own rules. Members of such parties may form them, reorganize them, and dissolve them at their will. The voters constituting such party are, indeed, the only body who can finally determine between contending factions or contending organizations. The question is one essentially political, and not judicial, in its character.”

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Davis v. Hambrick (Ky 1900)

119.020 Repealed, 1974. Catchline at repeal: Political parties must nominate candidates by primary -- Exceptions -- Vacancy in nomination. History: Repealed 1974 Ky. Acts ch. 130, sec. 198, effective June 21, 1974. -- Amended 1964 Ky. Acts ch. 142, sec. 7. -- Amended 1948 Ky. Acts ch. 81, sec. 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1550-1c, 1550-1e, 1550-1f, 1550-5. http://www.lrc.ky.gov/Statutes/statute.aspx?id=27722

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Rosenberg v. Republican Party of Louisville and Jefferson County
COURT OF APPEALS OF KENTUCKY

July 19, 1954

ROSENBERG
v.
REPUBLICAN PARTY OF LOUISVILLE AND JEFFERSON COUNTY, ET AL.

Cammack

H. A. I. Rosenberg, a candidate seeking the Republican Party's nomination for United States Representative in the Third Congressional District, brought suit in the Jefferson Circuit Court to restrain the local Republican Party organization from endorsing and actively supporting John M. Robsion in the coming August primary election.

He alleged in general terms that the appellees were engaged in a common conspiracy to use the local organization's money, influence, machinery and personnel to bring about the nomination of Mr. Robsion in the primary election. He stated that he, being a candidate for the same nomination, would suffer great and irreparable injury unless the appellees were restrained from so doing. The appellee's motion to dismiss the complaint was sustained on the ground that the court did not have jurisdiction to entertain the action. The appellant then attempted to file an amended complaint, but the court sustained the appellee's objection to that also.

The only question before us on this appeal is whether the complaint stated a claim which a court of equity will entertain.

The appellant relies upon section 6 of the Kentucky Constitution, KRS 119.020, and the Constitution and By-Laws of the Jefferson County Republican Executive Committee.

Section 6 of our Constitution provides that, "All elections shall be free and equal.' That section has been construed by this Court as applying only to general elections. Davis v. Stahl, 287 Ky. 629, 154 S.W.2d 736; Montgomery v. Chelf, 118 Ky. 766, 82 S.W. 388. Clearly it has no application to this case.
KRS 119.020 provides in part:

"* * * every political party shall nominate all of its candidates for elective offices to be voted for at any regular election at a primary election held as provided in this chapter, and the governing authority of any political party shall have no power to nominate any candidate for any elective office or to provide any method of nominating candidates for any elective office other than by primary elections as provided in this chapter.'

This statute sets forth the method by which a political party may nominate its candidates. Clearly the statute does not prevent a party organization from taking part in a primary election. Whether the Constitution and By-Laws of the Jefferson County Republican Executive Committee prohibit such action does not concern us. Courts do not interfere with internal party matters. Smith v. Howard, 275 Ky. 165, 120 S.W.2d 1040; Davis v. Hambrick, 109 Ky. 276, 58 S.W. 779, 51 L.R.A. 671.

The appellant has failed to allege an injury from which a court of equity will protect him by injunction.
Judgment affirmed. 19540719

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Rosenburg vs. GOP of Louisville, 1954.

Section 6 of our Constitution provides that, "All elections shall be free and equal.' That section has been construed by this Court as applying only to general elections.

Davis v. Stahl, 287 Ky. 629, 154 S.W.2d 736 (1941);

Montgomery v. Chelf, 118 Ky. 766, 82 S.W. 388.


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KRS 118.105(1).
118.105 Nominations by political parties -- Vacancy in candidacy -- Replacement candidates -- Exceptions -- Ineligibility of Senior Status Special Judge. (1) Except as provided in subsections (3) and (4) of this section and in KRS 118.115, every political party shall nominate all of its candidates for elective offices to be voted for at any regular election at a primary held as provided in this chapter, and the governing authority of any political party shall have no power to nominate any candidate for any elective office or to provide any method of nominating candidates for any elective office other than by a primary as provided in this chapter. (2) Any political organization not constituting a political party as defined in KRS 118.015 may make its nominations as provided in KRS 118.325. (3) If a vacancy occurs in the nomination of an unopposed candidate or in a nomination made by the primary before the certification of candidates for the regular election made under KRS 118.215, because of death, disqualification to hold the office sought, or severe disabling condition which arose after the nomination, the governing authority of the party may provide for filling the vacancy, but only following certification to the governing authority, by the Secretary of State, that a vacancy exists for a reason specified in this subsection. When such a nomination has been made, the certificate of nomination shall be signed by the chair and secretary of the governing authority of the party making it, and shall be filed in the same manner as certificates of nomination at a primary. (4) If a vacancy occurs in the nomination of an unopposed candidate or in a nomination made by the primary before the certification of candidates for the regular election, and if that party's nominee was the only political party candidate for the office sought, the governing authority of each party may nominate a candidate for the regular election, provided that no person has sought that party's nomination by filing a notification and declaration. (5) If a vacancy occurs in the nomination of a candidate under the conditions of subsection (3) or (4) of this section prior to September 15 preceding the day of the regular election, certificates of nomination for replacement candidates shall be filed in the same manner as provided in subsections (3) and (4) not later than 4 p.m. ten (10) days after the vacancy occurs, excluding weekends and legal holidays. If a vacancy occurs in the nomination of a candidate under the conditions of subsection (3) or (4) of this section on or after September 15 preceding the date of the regular election, certificates of nomination for replacement candidates shall be filed in the same manner as provided in subsections (3) and (4) not later than 4 p.m. five (5) days after the vacancy occurs, excluding weekends and legal holidays. (6) If a vacancy in candidacy described in subsection (5) of this section occurs later than the second Thursday preceding the date of the regular election, no certificates of nomination shall be filed and any candidate whose name does not appear on the ballot may seek election by write-in voting pursuant to KRS 117.265. (7) This section does not apply to candidates for members of boards of education, or presidential electors, nor to candidates participating in nonpartisan elections. However, regardless of the number of days served by a judge acting as a Senior Status Special Judge, a judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate for any elected office during the five (5) year term prescribed in KRS 21.580(1)(a)1.

Effective:June 25, 2013 History: Amended 2013 Ky. Acts ch. 66, sec. 1, effective June 25, 2013. -- Amended 2007 Ky. Acts ch. 46, sec. 1, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 71, sec. 7, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 2, sec. 2, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 482, sec. 1, effective April 13, 1994. -- Amended 1990 Ky. Acts ch. 49, sec. 1, effective March 12, 1990. -- Amended 1988 Ky. Acts ch. 17, sec. 8, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 394, sec. 18, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 384, sec. 25, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 54, sec. 23, effective January 1, 1978. -- Created 1974 Ky. Acts ch. 130, sec. 100, effective June 21, 1974. http://www.lrc.ky.gov/Statutes/statute.aspx?id=42249

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All five Defendants based their Memoranda crucially upon Rosenberg v. Republican Party of Louisville and Jefferson County, 270 S.W.2d 171 (Ky. 1954), which held that Section 6 of the Kentucky Constitution – "All elections shall be free and equal" – applies only to general elections, not primaries [citing Montgomery v. Chelf, 118 Ky. 766, 82 S.W. 388, (1904), which concluded, in a statement that Plaintiff considers dicta, that primary elections aren't really elections at all]. The Rosenberg decision also stated, "Whether the Constitution and Bylaws of the Jefferson County Republican Executive Committee prohibit such action does not concern us."

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Look to the GOP:

Here's what the Democratic Party can do better going forward:

(a) Seeing that the primary races for Governor and certain other offices were contested, they would've taken the idea of a "Unity Press Conference" off the table or never considered it as a reasonable possibility in the first place.

(b) The KDP would plan an extensive series of campaign appearances where Plaintiff and Jack Conway would have equal opportunities to present their ideas to the same audience and debate with each other. The goal would be to help as many of Kentucky's Democrats as possible form opinions about which candidate would be more likely to be able to defeat the Republican nominee and which would do a better job as the next Governor.

(c) The KDP would assist both campaigns in dealing with corporate media, both Kentucky-based and beyond. No artificial limits would be imposed on the two candidates' freedom of expression. If they wanted to spend 40% of their time attacking each other and 40% of their time criticizing one or more of the Republican candidates for Governor, that would be encouraged.

(d) The KDP would assist both campaigns in complying with the myriad regulatory requirements that must be met, so the decision between them would come down to the choice of the voters on 5/19/15 rather than the violation of some arcane regulation.

(e) Re fundraising, the KDP could establish three separate Primary Funds within its treasury: one that would be turned over to the Young-Masters Campaign as soon as contributions came in, one that would be given to the Conway-Overly Campaign, and one that would be given to the winner of the primary on 5/19/15. People could still contribute directly to the two campaigns if they preferred to bypass the KDP, of course. In addition, the State Executive Committee could decide to give equal amounts of KDP funds and other resources to both primary campaigns, pursuant to Article I.D. (..."No assets of the Democratic Party shall be used in a Democratic Primary Election unless they are made available equally to all Democrat Candidates in that specific primary election...")

(f) Although neither the KDP nor any county Democratic parties currently hold annual conventions (to Plaintiff's knowledge), they could. Each convention could provide equal opportunities for both candidates to interact with grass-roots Democrats.

(g) Throughout the primary, the overwhelming message conveyed by the KDP and all the county parties would be, "May the best candidate win on May 19th and then win again on November 3rd."
Or, the KDP could choose to continue to decline.

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Mason v. Byrley, SW 767 26 Ky Law Rep 487 (1904?):


“By the enactment of Ky St. 1903, c. 41, art. 12, providing for primary elections, it was the purpose of the Legislature to have primary elections conducted according to law, and the duties and powers of those conducting them fixed by law: and while such persons are not officers in the technical meaning of that term, their duties are official, and must be preformed as prescribed in the statute, subject to the penalties therein provided in case of failure to so perform them.” https://books.google.com/books?id=Wqw2u0lksr4C&pg=RA6-PR3&lpg=RA6-PR3&dq=first+democratic+primary+kentucky+1903+convention&source=bl&ots=JvS3xSLniX&sig=RvH9f2FniRGqTC39UhEZtBTG1QE&hl=en&sa=X&ei=TIliVeHqOIHvoATy7YCQCw&ved=0CB0Q6AEwADgK#v=onepage&q=first%20democratic%20primary%20kentucky%201903%20convention&f=false

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