Tuesday, February 01, 2000
On second look, candidate passes test
Johnson still might sue
BY SUSAN VELA
The Cincinnati Enquirer
COVINGTON — Democrat Ken Johnson has passed the qualifying exam to run for Campbell County circuit clerk, but he said he doesn't know whether he'll still pursue a federal lawsuit.
Mr. Johnson of Alexandria has received word that his qualifying exam to run for Campbell County clerk was rescored and that he can enter the political race after all.
His official score was a failing one when he filed the lawsuit last week against Campbell County Clerk Jack Snodgrass, the Campbell County Board of Elections, Campbell Circuit Clerk Tom Calme, the state Administrative Office of the Courts and other state agencies. The suit charged that Mr. Johnson's performance on the qualifying exam has little to do with his ability to serve as clerk.
Then Sunday night arrived. That's when Mr. Johnson learned his test had been rescored, and his new score was a “passing” one.
He originally received a 69.7. A score of 70 is needed to appear on the ballot. Mr. Johnson said he was not told what his new score is.
“I was happy. I felt that I deserved it,” Mr. Johnson said Monday in U.S. District Court.
U.S. District Judge William O. Bertelsman was to decide whether Mr. Johnson should be included in a lottery over ballot placement while his case was pending. But Paul Twehues, representing the county, said there would be no objection to Mr. Johnson's inclusion and participation in the race now that he has passed the test.
“If he's passed, he's passed,” Mr. Twehues said.
Judge Bertelsman asked that Mr. Johnson and his attorney, Bob Blau of Cold Spring, file a status report in 30 days. Both said they want to consider some issues before deciding whether to pursue the case.
They also criticized the qualifying exam, which two other Northern Kentuckians failed. They said the scoring process was skewed, putting too much weight on questions that are too esoteric for most candidates.
Mr. Blau doesn't know what his status report will say about the future of Mr. Johnson's lawsuit. But he hopes he'll be able to say that the Administrative Office of the Courts, which administers the test, has promised to review it in entirety.
Mr. Blau said he's not opposed to a test, but it should give all test takers a fair shot.
Republican Lloyd Rogers of Alexandria, a former Campbell County judge-executive, and Republican Steve Kramer of Villa Hills originally received failing scores on the exam. After his test was rescored, Mr. Kramer is officially back in the race.
Mr. Rogers was planning to meet with an attorney Monday night. He is considering a lawsuit similar to Mr. Johnson's.
Statewide, about 60 percent of those who took the exam failed. The Administrative Office of the Courts has asked the University of Louisville to manually rescore all failing tests.
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