HAMLIN, W.Va. -- A circuit judge threw out more than 300 contested absentee ballots Monday in Lincoln County's primary election and ordered county officials to declare incumbent Circuit Clerk Charles Brumfield the winner of the clerk's race in the May 11 primary.
Brumfield was winning at the polls on Election Day, but lost to Jerry Bowman, who is now the county sheriff, after more than 600 absentee ballots were counted. Of the absentee ballots cast, 511 went to Bowman, or a ratio of about 9 to 1.
Phoebe Harless lost to incumbent Lincoln County Commissioner Thomas Ramey Jr. by a similar margin after absentee ballots were counted. Both Harless and Brumfield contested the election results, which went to Lincoln Circuit Court.
Raleigh Circuit Judge H.L. Kirkpatrick III was appointed to hear evidence in the case after both of Lincoln County's judges recused themselves.
Kirkpatrick ruled last week that Harless was disqualified from running for the Lincoln County Commission because she lived in the same magisterial district as current County Commissioner Charles Vance.
Although Vance had been elected in a different district, Kirkpatrick ruled that he actually lived in the same district as Harless at the time of his election. State law prohibits two county commissioners from serving from the same district.
Trial was to have begun Monday on Brumfield's remaining election challenge. But attorneys for Brumfield and Bowman instead spent more than four hours trying to work out a settlement that would avoid a five-day trial.
Lawyers spent the day looking at absentee ballot applications, discussing election law and working out legal language for the proposed settlement.
In the end, Kirkpatrick agreed to throw out 309 questionable absentee ballot requests. Those ballots were enough to swing the results of the May 11 primary back in favor of Brumfield. Kirkpatrick ordered Lincoln County commissioners to declare Brumfield winner of the primary election for circuit clerk. Brumfield will be unopposed in the November general election.
Harvey Peyton, Brumfield's lawyer, said more than 200 of the absentee ballot requests were partly or completely filled out by someone other than the absentee voter, and should have been thrown out. Another 100 or so absentee voters gave questionable reasons for wanting to cast absentee ballots.
HAMLIN, W.Va. -- A circuit judge threw out more than 300 contested absentee ballots Monday in Lincoln County's primary election and ordered county officials to declare incumbent Circuit Clerk Charles Brumfield the winner of the clerk's race in the May 11 primary.
Brumfield was winning at the polls on Election Day, but lost to Jerry Bowman, who is now the county sheriff, after more than 600 absentee ballots were counted. Of the absentee ballots cast, 511 went to Bowman, or a ratio of about 9 to 1.
Phoebe Harless lost to incumbent Lincoln County Commissioner Thomas Ramey Jr. by a similar margin after absentee ballots were counted. Both Harless and Brumfield contested the election results, which went to Lincoln Circuit Court.
Raleigh Circuit Judge H.L. Kirkpatrick III was appointed to hear evidence in the case after both of Lincoln County's judges recused themselves.
Kirkpatrick ruled last week that Harless was disqualified from running for the Lincoln County Commission because she lived in the same magisterial district as current County Commissioner Charles Vance.
Although Vance had been elected in a different district, Kirkpatrick ruled that he actually lived in the same district as Harless at the time of his election. State law prohibits two county commissioners from serving from the same district.
Trial was to have begun Monday on Brumfield's remaining election challenge. But attorneys for Brumfield and Bowman instead spent more than four hours trying to work out a settlement that would avoid a five-day trial.
Lawyers spent the day looking at absentee ballot applications, discussing election law and working out legal language for the proposed settlement.
In the end, Kirkpatrick agreed to throw out 309 questionable absentee ballot requests. Those ballots were enough to swing the results of the May 11 primary back in favor of Brumfield. Kirkpatrick ordered Lincoln County commissioners to declare Brumfield winner of the primary election for circuit clerk. Brumfield will be unopposed in the November general election.
Harvey Peyton, Brumfield's lawyer, said more than 200 of the absentee ballot requests were partly or completely filled out by someone other than the absentee voter, and should have been thrown out. Another 100 or so absentee voters gave questionable reasons for wanting to cast absentee ballots.
"There were some fairly apparent deficiencies in these applications," Peyton said.
Mike Carey, Bowman's lawyer, said Bowman was willing to settle the case because he couldn't afford to keep defending himself in court. But Carey agreed there were enough questions about the absentee ballot requests to throw the results of the election into question.
The settlement meant the ballot requests themselves would not be discussed in open court. It also meant Bowman would not have to testify.
Peyton said he had a handwriting expert available who would testify that about 80 of the ballot requests were filled out by Bowman.
Kirkpatrick said his ruling did not mean that anyone did anything wrong with the absentee ballots, but was based on conflicting or potentially confusing areas of state law dealing with absentee voting.
Peyton and Carey agreed parts of the absentee voting rules are unclear.
"I think the secretary of state and the Legislature need to get together and clear up these ambiguities," Carey said.
More than 800 people requested absentee ballots in Lincoln County's primary election. About 620 absentee ballots were actually cast, the most of any county in the state.
Reach Rusty Marks at rustyma...@wvgazette.com or 304-348-1215.
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