Riddle v. Eaton

447 S.W.2d 47, 1969 Ky. LEXIS 63
CourtCourt of Appeals of Kentucky
DecidedOctober 14, 1969
StatusPublished
Cited by3 cases

This text of 447 S.W.2d 47 (Riddle v. Eaton) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Riddle v. Eaton, 447 S.W.2d 47, 1969 Ky. LEXIS 63 (Ky. Ct. App. 1969).

Opinions

WADDILL, Commissioner.

Appellant, M. T. “Tommy” Riddle, and appellee, Joe Eaton, Jr., were candidates in the May-1969 primary election for the Republican nomination for sheriff of Jefferson County. On the face of the election returns Eaton won the nomination. Riddle then filed this contest action under the provisions of KRS, Chapter 122, alleging, in effect, that he had not violated provisions of the Corrupt Practices Act (KRS, Chapter 123) ; that Eaton had violated the Corrupt Practices Act and, therefore, he rather than Eaton is entitled to be declared the Republican nominee under the provisions of KRS 122.010. Eaton filed an answer denying Riddle’s allegations. After submission of the case for trial the court found, in summary, “that the proof failed to connect Mr. Eaton with any wrongdoing in this case.” Judgment was entered which dismissed the contest action and declared that Eaton was entitled to the Republican nomination for the office of sheriff of Jefferson County at the regular election in November, 1969. We affirmed the judgment by order on September 16, 1969.

Riddle contends that the trial court erred in not declaring Eaton’s nomination void and in not declaring that Riddle is the Republican nominee. Initially, Riddle urges that Eaton violated the Corrupt Prac[49]*49tices Act by using “misleading and fraudulent” sample ballots that were distributed by Eaton’s political friends in Eaton’s behalf with his knowledge and consent. In order to properly evaluate this contention, which centers around the alleged “misleading and fraudulent” sample ballots that were circulated prior to the 1969-May primary, we will relate the relevant facts as disclosed by the record.

Prior to the May-1969 primary election, sample ballots were printed and circulated in behalf of a slate of Republican candidates which included Riddle. These slated candidates were endorsed by Lawrence P. Layne, S. Tilford Payne and George B. Berry, who are some of the leaders and officers of the Republican Party in Louisville and Jefferson County and whose names appear at the bottom of these sample ballots. Each of these three men testified that his endorsement of these particular candidates was a personal, rather than an official, endorsement. Apparently, this was due to the fact that the Louisville-Jefferson County Republican Executive Committee is prohibited by party law from endorsing a candidate or slate of candidates in a Republican primary election.

Also on these sample ballots were the names and the pictures of a slate of candidates for various offices, including the name and picture of Riddle for sheriff. At the top of these ballots there appears in large letters: “VOTE TO WIN! SAWYER-SAWYER REGULAR REPUBLICAN OFFICIAL SAMPLE BALLOT.” (John Sawyer was a Republican candidate for Mayor and E. P. Sawyer1 was a Republican candidate for Jefferson County Judge). In the upper right-hand corner of the ballot, in small print, appears the following “disclaimer”:2 “Paid for by Sawyer & Sawyer Campaign Committee 415 West Walnut Street Marshall M. Royce Treasurer.”

Three days before the primary election William Siers, a political supporter of Eaton who had obtained one of these sample ballots, decided that he would slate Eaton for sheriff on these ballots instead of Riddle. Siers took that sample ballot to a printing company where he had Riddle’s name and picture deleted from it and substituted in its place Eaton’s name and picture. Otherwise, the ballot was unchanged. Siers then purchased (and promised to pay for) several thousand of these ballots.

When Siers informed Eaton concerning what had transpired and showed him the sample ballots with Eaton’s name and picture on them, Eaton would not agree to their use or distribution because they contained no disclaimer as to their sponsor and because the names of Layne, Payne and Berry appeared on them. Siers then made arrangements to have a disclaimer stamp-printed on these ballots to show the following: “Paid for by W. Siers, 4403 Lynnbrook Drive.” The ballots were then taken to a printer for the purpose of removing from them the printed names of Layne, Payne and Berry. In this form the ballots were to be distributed in precincts on primary election day. When these arrangements were complied with some of the ballots were taken to and distributed in the voting places.

Two days before the primary several of the sample ballots that Siers had had printed were brought to the Sawyer-Sawyer Political Headquarters by Elmer Norrington who had obtained them from J. C. Grider. Grider, a political friend of Eaton, had given his friend Norrington a stack of the sample ballots that Siers had had printed and had requested Norrington to stamp the disclaimer on them. When it was learned that some of the ballots had the names of Layne, Payne and Berry on them and that some of these ballots had no disclaimer to show who was having them printed, the [50]*50Sawyer-Sawyer Headquarters called a press conference and the public was informed that anyone distributing sample ballots with Eaton’s name and picture on them without a disclaimer, or with the names of Layne, Payne and Berry on them, would be subjected to prosecution. On the same day Eaton held a press conference and informed the public that any sample ballot endorsing him for sheriff without a disclaimer or with the names of Layne, Payne and Berry appearing on them would not be used by him.

The trial court found that Eaton had not knowingly permitted any false or fraudulent sample ballots to be used in his behalf. Since the trial court was justified in reaching the conclusion it did under the evidence, this court cannot reasonably say that these findings are erroneous or that Riddle was entitled to judgment in his favor as a matter of law. See Clay, CR 52.01, Comment 8.

Riddle next contends that Eaton knowingly permitted “a sticker or pasty” containing Eaton’s name to be placed over Riddle’s name on some sample ballots that were to be distributed at the polls on primary election day. The only testimony concerning this matter was given by a woman who said that on the night before the primary an unidentified man brought a batch of sample ballots to her home that had a sticker with Eaton’s name placed over the name of Riddle. There was no claim by this woman (or anyone else) that Eaton knew about this or had anything to do with it. We dismiss this contention as being unsubstantiated.

Riddle next contends that the trial court erred in not finding that Eaton, or others in his behalf with his knowledge, violated the provisions of KRS 123.030, which reads:

“No person other than a corporation, and no agent of such person on his behalf, shall contribute, either directly or indirectly, any money, service or other thing of value towards the nomination or election of any state, county, city or district officer who, in his official capacity, is required by law to perform any duties peculiar to such person not common to the general public, or to supervise, regulate or control in any manner the affairs of such person, or to perform any duty in assessing the property of such person for taxation.

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565 S.W.2d 634 (Court of Appeals of Kentucky, 1978)

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447 S.W.2d 47, 1969 Ky. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riddle-v-eaton-kyctapp-1969.