Does Scott Kimmich Decision Have Bearing On Other Races?

Kenton County Deputy Judge Executive Scott Kimmich resigned his position in order to continue his campaign for the top spot to replace the retiring Ralph Drees.  Kimmich wrote for and obtained a legal opinion regarding whether "The Hatch Act" applied to him.  When told that it does, Kimmich stepped down.

"The Hatch Act" makes it illegal for anyone employed by a state or local executive agency who works in connection with programs financed in whole or in part by federal loans or grants to run for a partisan office.

According to Rick Robinson, Kimmich's attorney, the Office of Special Counsel is likely to take a very broad approach when it comes to interpreting "The Hatch Act" in rendering advisory opinions.  When an employee is covered by the act he/she has only three choices: resign the job, quit the race or fight the decision before a merit board.  According to the opinion Kimmich got, he did exactly the right thing.

But what about other candidates on this year's ballot?  Who else seems to be in the same predicament as Kimmich?

For one, Michael Steward, the Florence police officer who has filed to run against Boone County Sheriff Mike Helmig.  Since much of the funding for police equipment, special details and interdiction programs comes in part from the federal government, it is highly likely that Steward works directly in connection with several programs funded in part by those loans or grants and, as Kimmich, is prevented from running for a partisan office while so employed.

In fact, Steward's dilemma is now quite clear.  He must either resign from the department, drop out of the race or face serious legal consequences.  Of course he could seek an opinion, as did Kimmich, but in light of Kimmich's opinion and the narrow window of time in which Steward is operating, this would seem to only prolong the inevitable.

The same problem exists for the Kenton County police officers running against Jailer Terry Carl and Sheriff Chuck Korzenborn.

Kimmich made the right decision for him and his family.  Whether the others will do the same, or drop out of the race, remains to be seen.

Comments

[Don't be a victim of Weaselthelioma]

...SO?

[Don't be a victim of Weaselthelioma]

I think he wants to know if Rand Paul is foolish enough to try and campaign in a serious national race without a lawyer in his campaign.

[Marc Carey]

To MM:
No, the Hatch Act exempts certain elected officials.

[Mike Moreland]

1) Does "Hatch" also apply to our SOS who is Trey Grayson, running for US Senate?

2)If the capable Mr Rick Robinson is the council for the astute Scott Kimmich then, who is covering for Dr Rand Paul in the US Senate race?

Just wondering...