Banks' supervisor election challenge heads to jury trial by judge's order
Wednesday, February 15, 2017 6:02 PM
A jury trial will be held immediately to determine the outcome of an ongoing District 4 Supervisor election challenge between Karl Banks and David Bishop that began at the end of 2015.
Banks, a 32-year incumbent Democrat, lost to Bishop, a Republican, by two votes in the November 2015 general election and immediately cried foul by calling into question 31 votes. Of those, Banks says four were not allowed to vote and 27 votes were not processed in the totals.
Bishop later identified 14 questionable votes and stated in court opinions even if Banks’ questionable votes were added that mathematically he still could not win.
On Wednesday, Special Circuit Judge Henry Lackey filed a court opinion where he said the challenge should be immediately tried in front of a jury, but only on the 45 votes Banks and Bishop called into question.
“I am convinced there never has been and never will be a perfect election conducted as long as it is managed and supervised by humans,” Lackey wrote in the opinion. “The best we can do is to be certain as best we can that the will of the people has not been frustrated.”
Lackey said of the 45 votes, “This is the gravamen of the dispute.”
“After 15 months we finally get our day in court,” Banks said Wednesday.
Bishop declined comment at the time as he was consulting with his attorneys.