State Board of Elections v. Fischer, No. 95-SC-849-TG

CourtUnited States State Supreme Court (Kentucky)
Writing for the CourtLAMBERT; STEPHENS; REYNOLDS, J., concurs in result only and files a separate opinion in which WINTERSHEIMER; WINTERSHEIMER, J., concurs in result only and files a separate opinion in which REYNOLDS; REYNOLDS; WINTERSHEIMER; WINTERSHEIMER; REYNOLDS
Citation910 S.W.2d 245
Docket NumberNo. 95-SC-849-TG
Decision Date22 November 1995
PartiesSTATE BOARD OF ELECTIONS and Bob Babbage, Secretary of State, Appellants, v. Joseph M. FISCHER, Appellee.

Page 245

910 S.W.2d 245
STATE BOARD OF ELECTIONS and Bob Babbage, Secretary of
State, Appellants,
v.
Joseph M. FISCHER, Appellee.
No. 95-SC-849-TG.
Supreme Court of Kentucky.
Nov. 22, 1995.

William B. Pettus, Robert V. Bullock, Assistant Attorneys General, Frankfort, for appellants.

Joseph M. Fischer, Fort Thomas, for appellee.

David Yewell, David C. Condon, Rummage, Kamuf, Yewell, Pace & Condon, Owensboro, for amicus curiae, Jody Richards

Page 246

and the Legislative Research Commission as Appellants.

LAMBERT, Justice.

This appeal is from the order of the Campbell Circuit Court entered on September 12, 1995, whereby it denied appellants' motion to amend its permanent injunction of November 23, 1994. Said injunction prohibited, in accordance with this Court's opinion in Fischer v. State Board of Elections, Ky., 879 S.W.2d 475 (rendered June 23, 1994) 1, the conduct of any election pursuant to the district boundaries set forth in KRS Chapter 5, after January 3, 1995.

This particular controversy arose upon the August 3, 1995, resignation of Representative Donna Shacklette of Jefferson County. By virtue of the injunction referred to hereinabove, the State Board of Elections, et al., was prohibited from conducting special elections to fill that or any other vacancy in the General Assembly. The State Board of Elections sought amendment of the permanent injunction to permit a special election to fill the vacancy created by Representative Shacklette's resignation.

The trial court reviewed this Court's decision in Fischer, which it characterized as unambiguous, and quoted the following portion:

This cause is remanded to the trial court with directions to enter a Declaratory Judgment in conformity herewith and with directions to permanently enjoin the conduct of any election pursuant to the district boundaries set forth in KRS Chapter 5 after January 3, 1995.

Fischer, 879 S.W.2d at 481. Believing this Court's opinion to have been rendered with full contemplation of the possibility of a vacancy by virtue of death, disability or resignation, the trial court declined to modify its injunction. Correctly analyzing our decision, it said:

If it had been the intent of the Supreme Court to permit the 1991 districts to continue in place until the end of the 1994-1996 term, it could have said so. Certainly, anyone, including the Supreme Court, could anticipate the probability of a mid-term resignation, death or disability in a collection of 138 persons. Yet the Supreme Court clearly held that the districts were invalid effective the date the present legislature was sworn into office. The clear language and spirit of the Supreme Court...

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2 practice notes
  • Calloway Cnty. Sheriff's Dep't v. Woodall, 2019-SC-0391-WC
    • United States
    • United States State Supreme Court (Kentucky)
    • September 24, 2020
    ...to rely on repose provisions, "freeing them from any liability for compensation after the passage of" the repose period. Wright, 910 S.W.2d at 245. Here, we are similarly persuaded that employers are entitled to rely on the repose provision of KRS 342.750(6). We agree that doing so bars sta......
  • Jensen v. Kentucky State Bd. of Elections, No. 96-SC-000291-TG
    • United States
    • United States State Supreme Court (Kentucky)
    • April 24, 1997
    ..."Fischer I "); Fischer v. State Board of Elections, Ky., 879 S.W.2d 475 (1994) ("Fischer II "); State Board of Elections v. Fischer, Ky., 910 S.W.2d 245 (1995) ("Fischer III "). The General Assembly's first effort to reapportion itself in accordance with the 1990 census was the 1991 Reappor......
2 cases
  • Calloway Cnty. Sheriff's Dep't v. Woodall, 2019-SC-0391-WC
    • United States
    • United States State Supreme Court (Kentucky)
    • September 24, 2020
    ...rely on repose provisions, "freeing them from any liability for compensation after the passage of" the repose period. Wright, 910 S.W.2d at 245. Here, we are similarly persuaded that employers are entitled to rely on the repose provision of KRS 342.750(6). We agree that doing so b......
  • Jensen v. Kentucky State Bd. of Elections, No. 96-SC-000291-TG
    • United States
    • United States State Supreme Court (Kentucky)
    • April 24, 1997
    ...Fischer v. State Board of Elections, Ky., 879 S.W.2d 475 (1994) ("Fischer II "); State Board of Elections v. Fischer, Ky., 910 S.W.2d 245 (1995) ("Fischer III "). The General Assembly's first effort to reapportion itself in accordance with the 1990 census was the 1991 Re......

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