By Patrick Crowley
The Cincinnati Enquirer

Section 35 of the Kentucky Constitution seems to clearly spell out the makeup of the legislature.

"The number of representatives shall be one hundred, and the number of Senators thirty-eight."

Yet after Tuesday's election, with every Senate seat filled, Kentucky has just 37 senators.

One of them, an eastern Kentucky Democrat named Daniel Mongiardo, holds not one but two Senate seats, including the new 17th Senate District that covers a slice of Northern Kentucky.

"It's a little confusing, I'm sure, especially to the people of Northern Kentucky," Dr. Mongiardo said Thursday morning from his medical office in Hazard, a mountain town in Perry County about three hours from Northern Kentucky. "But we're going to get it worked out."

That's good news for the people of Kenton County from Taylor Mill south into Grant, Scott and Owen counties. He's going to be their state senator.

But in the partisan-charged world of the Kentucky Senate - where Democrats fell short Tuesday in trying to wrest control away from the GOP - getting the situation "worked out" apparently won't happen without some heavy politicking from both parties.

Since 2000, Dr. Mongiardo has represented the 17th District, which until early this year covered Perry, Bell and Harlan counties in eastern Kentucky. But when lawmakers in the Republican controlled Senate redrew legislative districts, they moved the 17th District north. It now covers all of Grant, Scott and Owen counties and unincorporated Kenton County south from Taylor Mill.

Republicans have said the district was moved through a legislative "quirk." Dr. Mongiardo and the Democrats have charged that the move was made to gerrymander him out of his district because he has been quick to criticize Republicans in the Senate. The GOP has denied targeting or punishing him by taking his seat.

Dr. Mongiardo's term representing the 17th District does not expire until 2004. So while he continues to represent the district in the legislature - he lives hours away in another part of the state - Dr. Mongiardo decided to run for the 30th Senate District that now covers his old Senate seat.

He won Tuesday, beating Harlan Republican Johnnie Turner.

The victory left Dr. Mongiardo as the only senator representing two districts at once - the 17th and the 30th.

Dr. Mongiardo had said during the campaign that if election had no bearing on control of the Senate, he would step down and allow a special election to be held to fill the 17th District seat.

Yet on election night - even though Democrats failed to win control of the Senate - Dr. Mongiardo indicated he might hold both seats until the 2004 election, when he would give up the Northern Kentucky seat and stay in the 30th District.

Republicans immediately began calling on Dr. Mongiardo to resign the 17th District seat, and say they'll keep the pressure up until he does.

"Under the Constitution a senator cannot hold two offices simultaneously," Senate President David Williams, R-Burkesville, said in a statement Thursday. He was not available to take questions.

Ellen Williams, chairwoman of the Kentucky Republican Party, said Thursday that if Dr. Mongiardo tries to hold both seats he would not be recognized by Mr. Williams as the 17th District senator the next time the legislature meets, which would be in early January.

"He won't be recognized by the Senate president, and then David Williams, as the presiding officer of the Senate, will call a special election to fill the seat," said Mrs. Williams, who is not related to David Williams.

The Republicans have also indicated they might go to court and argue it is unconstitutional for Dr. Mongiardo to hold both seats.

On Tuesday, Dr. Mongiardo seemed to be leaning toward eventually giving up the seat - but not before making a political statement.

He and the rest of the Democrats blame Mr. Williams for moving the districts around. And he wants to tell people so.

Dr. Mongiardo said he is planning a series of "town hall" meetings in all four of the 17th District counties to explain the situation.

"People need to know what is happening here, and they need to know David Williams is responsible," Dr. Mongiardo said.

The meetings have not been scheduled but are likely to be held within the next few weeks, he said.

"I want to tell people what is going on, but I also think the people of Northern Kentucky and the rest of the counties in the 17th District deserve their own senator," Dr. Mongiardo said in one the clearest statements he has made about his intentions.

Should he resign the seat, a special election would be held, probably after the first of the year.

Candidates from both parties have lined up to run, but a primary is not likely.

Instead, the Republican executive committees in Kenton, Grant, Owen and Scott counties would vote on their party's candidate. The Democratic and Republican nominees would then face off in the special election.

Four candidates have filed:

Republican Damon Thayer of Scott County, the vice chairman of the Kentucky Republican Party and a horse industry executive. He has raised $36,000 and claims to have the votes to take the nomination.

Republican Joe Jarboe, a retired Air Force colonel and builder from Georgetown who has raised about $3,000.

Democrat Charles Wells, a union official from Georgetown who has raised $6,600.

Democrat Cliff Wallace of Grant County, the superintendent of the Williamstown Independent Schools.

E-mail pcrowley@enquirer.com