UPDATE-8 a.m. Thursday, Aug. 14: Electoral Board to convene on Monday

The Fayette County Electoral Board, with new two members, will convene on Monday afternoon to decide whether Greenville attorney Dan Goggin may run as the Republican candidate for state’s attorney.

An electoral board hearing was scheduled for Wednesday afternoon, but the board could not legally convene because it was one member short.

Fayette County Clerk Terri Braun, the county’s election official, said Wednesday morning that one of the board members, newly appointed Circuit Clerk Mary Sue Ruot had asked to be recused from service on the board, and she announced on Wednesday afternoon that County Treasurer Rose Hoover had also asked to be recused.

That left on Braun and Fayette County Sheriff Aaron Lay, the second board alternate, as board members. Hoover, the first alternate, was appointed to the board because the state’s attorney is a board member except in cases of conflict of interest.

That’s the case here, because the electoral board is convening to rule on State’s Attorney Stephen Friedel’s objection to the nomination papers for Goggin, who is making a second attempt to appear on the ballot in November as a Republican candidate.

Richard Day, a St. Elmo attorney who has been retained as legal counsel for the electoral board, said that it’s his understanding of election law that in the event there are no more alternates to appoint to the board, the circuit judge must appoint someone from the general public.

Braun contacted Fayette County Resident Circuit Judge S. Gene Schwarm to notify him that he would need to make such an appointment.

Goggin told Braun that he would be receptive to a phone conference involving himself, Schwarm and Friedel if the judge wished to have both individuals involved in the matter.

Braun, Friedel and Goggin agreed to have the electoral board reconvene at 2:30 p.m. on Monday in the Lincoln Conference Room on the second floor of the Fayette County Courthouse.

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