County to Refile Petition Dismissed by Judge
The county will refile a petition today to fill a vacancy on the Board of Commissioners, after the original petition was dismissed yesterday by District Court Judge Michael “Nick” Deegan.
Deputy County Attorney Carol Seeger said that Deegan contacted her regarding the petition she had filed on behalf of the county commissioners on Dec. 5.
Deegan was concerned that the petition inferred too heavily that it was the board who was filing. Seeger said that, as a board, the commissioners cannot be considered a qualified elector.
State statute mandates that only a qualified elector may file a petition in the event that the commissioners fail to choose one of the three commission candidates put forth by the local GOP.
Individually, Seeger said, the commissioners could be considered qualified electors and would legally be allowed to file the petition again.
Additionally, Deegan did not feel as if the District Court could rightfully assume jurisdiction of the matter until the 20 days granted for the commissioners to choose Clark Kissack’s placement had expired.
According to Seeger, the 20 days expired at 12 a.m. today.
After a few adjustments, clarifying that the commissioners, individually, and not as a board, are endorsing the petition, Seeger will file a new petition on their behalf today.
Filing a new petition means that the final date for Deegan’s decision will be pushed back until Dec. 27.
Another petition has also been filed on behalf of Vicki Kissack, chairwoman of the Campbell County Republican Party, which will be heard by District Court Judge Thomas Rumpke.