Kentucky State Representative for District 31 candidate Susan Tyler Witten will appear on ballots in November after winning an appeal on Friday.
Witten was disqualified from the race on October 19 after a judge ruled she did not meet the requirements for her notification and intent to run.
Sue Foster, Witten’s opponent in the race, argued Witten and the two voters who signed affidavits in support of Witten’s candidacy did not live in District 31 on January 19, the date the affidavits were filed.
Senate Bill 3 had redrawn the boundaries for District 31 effective the following day, January 20.
The Commonwealth of Kentucky Court of Appeals denied Foster’s argument, claiming “the circuit court erred in disqualifying Witten as all three individuals at issue have been continuously ‘identified with the geographic area defined by the [present District 31] boundaries’ at all relevant times.”
In the order, the court said the challenge was untimely and that “residency in a particular geographic area, and not in a district of a certain number, that is relevant and dispositive.”
General election is on November 8.
Source: WAVE
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