In a quickly-decided case, the Franklin Circuit Court today decided to grant “injunctive relief” to the Kentucky Democratic Party in its case against the Kentucky State Board of Elections.
As a result of this decision, the Board must move all the voters on the “inactive voter” list back on to the regular voter rolls, at least for this election.
The court noted, in granting the injunction, that the applicant (the KDP representing the voters on the inactive list) would suffer “immediate and irreparable injury, loss, or damage pending a final judgment in the action.” It also noted that it granted the injunction primarily due to the “chilling effect” the proposed process for voting would have on the voters on the inactive list, including the requirement to sign an Oath of Voter card and thus leaving themselves open to criminal prosecution. (For more on this aspect, see our earlier stories listed below.)
Finally, the court noted that injunctions can only be granted when the case of the plaintiff appears to have a good chance of later success on its merits. The court found that the case presented by the KDP’s lawyers, Anna and Pierce Whites, poses a substantial question on its merits: “whether the State Board of Elections has taken illegal action to strike approximately 175,000 voters from the Master Voter List.”
The entire court order can be viewed on the documents page we have created for this case.
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KDP statement on court decision
The following is a statement from Kentucky Democratic Party Chair, Ben Self, on the injunction granted today by the Franklin Circuit Court, against the State Board of Elections:
“We’re very pleased with Judge Wingate’s quick ruling to restore all voters back to a single master voter list and believe this decision was necessary to protect Kentucky voters and ensure the integrity of the 2019 election. It’s critical that Kentucky voters have a clear understanding of the process for voting on November 5th, no matter their party. The Kentucky Democratic Party is committed to making sure that while the state is updating the voter rolls the rights of Kentucky voters are protected and all state laws are followed during the process so that voters do not face any unnecessary or unfair burdens at the polls.”
Statement by Secretary of State Alison Lundergan Grimes
“When our voter file is requested and 175,000 registered voters are not included, that’s a problem. The Court agreed and said loudly that accurate voter rolls should not come at the expense of rights of our voters. I agree and am grateful for the Court’s assistance in ordering the Board to do what I demanded last month. My hope is that all Kentucky voters will have their voice heard and vote in the upcoming election.”
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