United States Sixth Circuit

In plaintiffs' 42 U.S.C. section 1983 action claiming unconstitutional disenfranchisement against a county elections board and individuals, alleging that their voting rights under the Fourteenth Amendment were violated by a Kentucky state trial court judgment that declared void all 542 votes cast by absentee ballot in the 2006 General Election for the office of Green County Clerk, grant of summary judgment in favor of the defendants is affirmed as the Green Circuit Court's decision to void the absentee ballots does not rise to a level of fundamental unfairness in violation of Due Process as it is evident that the decision to void all absentee ballots cast in the election reasonably applied applicable Kentucky case law, and the court appropriately looked to analogous state cases and applied the careful scrutiny to incumbent clerks described therein.

Appellate Information

• Argued 01/21/2010
• Decided 09/01/2010
• Published 09/01/2010

Judges

• GIBBONS

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Joseph H. Mattingly III, Bobby H. Richardson