Noble v. Meagher

686 S.W.2d 458, 1985 Ky. LEXIS 207
CourtKentucky Supreme Court
DecidedFebruary 28, 1985
StatusPublished
Cited by11 cases

This text of 686 S.W.2d 458 (Noble v. Meagher) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Noble v. Meagher, 686 S.W.2d 458, 1985 Ky. LEXIS 207 (Ky. 1985).

Opinions

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which affirmed the judgment of the circuit court holding that candidate Noble did not meet the required residency qualifications for the position of district judge in the Thirty-ninth Judicial District composed of Breathitt, Powell and Wolfe counties.

The critical issue is whether KRS 118.176 applies to non-partisan judicial races and whether the suit challenging the residency qualifications of Noble was brought in the right court.

Three candidates were entered in the primary election of May 29, 1984, in the Thirty-ninth Judicial District for judge. Noble received 52 percent of the vote, Meagher, the incumbent, received 28 percent, and William P. Bach received the balance. Both Noble and Meagher were certified for nomination and their names were printed on the ballot for the November election.

On October 4, 1984, only 32 days from the scheduled general election on November 6, Meagher filed a complaint in the Franklin Circuit Court alleging that Noble was not eligible to be a candidate for district judge because he did not possess the required residency qualifications pursuant to Section 122 of the Kentucky Constitution. After a hearing of evidence, the circuit court on October 15, found that Noble was not a resident of the district and ordered the Secretary of State to strike his name from the judicial ballot. Noble appealed to the Court of Appeals which af[460]*460firmed the decision of the circuit court in regard to residency. Appeal was then taken to the Supreme Court and on October 30, 1984, after accelerated briefing by both sides, Justice Roy Vance issued an opinion and order permitting the election to proceed with both names on the ballot but reserving the final determination to the full Court.

This Court reverses the decision of the Court of Appeals because the Franklin Circuit Court did not have jurisdiction to consider this pre-election suit. KRS 118.176 applies to non-partisan judicial elections and it requires that a challenge to the qualifications of a judicial candidate must be brought in the county or counties which comprise the judicial district.

I

Meagher argues that KRS Chapter 118A governs judicial elections and that KRS 118A.010(6) prevents KRS 118.176 from applying to judicial candidates. We do not agree. In 1984, the General Assembly amended and re-codified KRS 118.176 to extend the coverage of the statute to include any candidate seeking nomination or election in a primary or general election. We interpret the amendment to apply to candidates for judicial office. Previously, the statute had applied only to a challenge of any candidate seeking a partisan nomination or election as an independent. The 1984 amendment was passed as emergency legislation because it was thought that there was no method for challenging the qualification of some candidates. Kentucky Acts 1984, Chapter 413, § 3. The amendment was clearly intended to fill that gap. KRS Chapter 118A contains no provision for challenging the qualifications of a judicial candidate and the application of KRS 118.176 is not prohibited by the express wording of KRS 118A.010.

It is the holding of this Court that the only proper procedure for challenging the qualifications of a judicial candidate before the election is the procedure set out in KRS 118.176.

Consequently, the proper forum in which to challenge Noble’s qualifications would have been the circuit court of a county in which he was alleging residence in order to qualify for the office of district judge.

Section 153 of the Kentucky Constitution provides that the General Assembly shall have exclusive power over elections. Section 117 states that judges shall be elected from their respective districts or circuits on a non-partisan basis as provided by law. The legislature has enacted a general law specifically dealing with challenges to a candidate. KRS 118.176 is the statutory remedy for challenges to the qualification of a candidate. The courts of this Commonwealth have long recognized that the judicial branch has no inherent power to pass on the validity of elections or the eligibility of candidates, but only has such power as given by the General Assembly or possessed at common law through a quo warranto proceeding. See Craft v. Davidson, 189 Ky. 378, 224 S.W. 1082 (1920); Ratleff v. Tackett, 209 Ky. 588, 273 S.W. 441 (1925); Wilson v. Tye, 122 Ky. 508, 92 S.W. 295 (1906); Nichols v. Pennington, Ky., 118 S.W. 382 (1909); Francis v. Sturgill, 163 Ky. 650, 174 S.W. 753 (1915).

The statutes must be strictly complied with because compliance with certain statutory steps are jurisdictional requirements. See Brock v. Saylor, 300 Ky. 471, 189 S.W.2d 688 (1945); Ritchie v. Mann, Ky., 500 S.W.2d 62 (1973). Where a statute fixes the forum in which these statutory proceedings may be brought, only such fora have jurisdiction to hear and dispose of the matter. See Gallagher v. Campbell, 267 Ky. 370, 102 S.W.2d 340 (1937).

All election disputes involve the application of particular statutes. It is a well established rule that the statutes must be strictly construed. For application of this principle involving election contests, see Dodge v. Johnson, 210 Ky. 843, 276 S.W. 984 (1925) and Prewitt v. Caudill, 250 Ky. 698, 63 S.W.2d 954 (1933). It is important to distinguish between an election contest and a pre-election lawsuit. The only pre-[461]*461election suit that can be brought is by a voter prior to the primary election. Fletcher v. Wilson, Ky., 495 S.W. 787; Wells v. Lewis, 300 Ky. 675, 190 S.W.2d 28 (1945). This action is technically not an election contest.

Dempsey v. Stovall, Ky., 418 S.W.2d 419 (1967), is not applicable in this situation because the jurisdiction of the Franklin Circuit Court to hear that case was never raised or considered, nor apparently did the statutes involved specify where such action should be brought.

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Bluebook (online)
686 S.W.2d 458, 1985 Ky. LEXIS 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/noble-v-meagher-ky-1985.