Stephenson v. Woodward

182 S.W.3d 162, 2005 WL 3500785

• Court: Kentucky Supreme Court
• Decided: January 19, 2006
• Docket: 2005-SC-0603-TG, 2005-SC-0604-TG, 2005-SC-0645-TG
• Status: Published

Opinions

JOHNSTONE, Justice.

Appellants, Dana Seum Stephenson and David L. Williams, in his official capacity as President of the Kentucky State Senate, appeal from a judgment of the Franklin Circuit Court granting summary judgment in- favor of Appellee, Virginia L. Woodward, determining that Stephenson is not qualified to hold the office of State Senator for the 37th District. Woodward cross appeals that portion of the Franklin Circuit Court judgment denying her request to issue an injunction requiring the Senate to seat her as State Senator for the 37th District. For the reasons set forth herein, we affirm in part and reverse in part.

Though agreed upon by the parties, the nature of this matter and its import to the public require a detailed recitation of the facts and procedural history. Virginia L. Woodward (Woodward) and Dana Seum Stephenson (Stephenson) were candidates for the office of State Senator from the 37th District, located in Jefferson County. The general election was scheduled for November 2, 2004. The day before the election, Woodward filed a motion in the Jefferson Circuit Court to disqualify Stephenson as a candidate. The motion, filed pursuant to KRS 118.176, alleged that Stephenson failed to meet the residency requirement set forth in Section 32 of the Kentucky Constitution. It was filed at four o’clock on the afternoon of November 1, 2004.¹ A hearing on the motion was scheduled for November 3, 2004.

The general election was held on November 2, 2004, and the names of both Woodward and Stephenson appeared on the ballot. There were 22,772 votes cast for Stephenson; 21,750 votes were cast for Woodward.

The Jefferson Circuit Court held an evi-dentiary hearing the next day. Senator David Williams appeared by counsel at the hearing, intervening in his capacity as President of the Kentucky State Senate, to argue that the court lacked jurisdiction. The court disagreed, interpreting KRS 118.176 as authorizing the judiciary to decide pre-election challenges to candidates’ qualifications. The court further issued a temporary injunction preventing the Jefferson County Board of Elections from certifying the results of the disputed election pending a final ruling on Woodward’s motion.

On November 22, 2004, after considering evidence submitted at the hearing as well as additional briefing by the parties, the Jefferson Circuit Court granted Woodward’s motion. Concluding that Stephenson had failed to meet the six-year residency requirement found in Section 32 of the Kentucky Constitution, the court ruled that she was not a bona fide candidate. Accordingly, the court dissolved the temporary injunction previously issued, and ordered the Jefferson County Board of Elections not to count votes cast for Stephenson. Neither Stephenson nor Senator Williams appealed this order.

Rather, on December 7, 2004, Stephenson filed an election contest in the Kentucky State Senate pursuant to KRS Chapter 120. Stephenson asserted that the Jefferson Circuit Court lacked jurisdiction to determine her qualifications for office, and requested the State Senate to seat her. In response to the election contest, Woodward filed an action in the Franklin Circuit Court on December 15, 2004. She sought declaratory and injunc-tive relief against Stephenson, Senator Williams, and the State Board of Elections. On December 21, 2004, Woodward further requested that Stephenson be prohibited from pursuing the election contest in the Senate. A Franklin Circuit Court Special Judge considered both motions, and on December 21 ordered the State Board of Elections to certify the votes for Woodward and to issue an election certificate despite the ongoing dispute. The court also denied Woodward’s request to enjoin Stephenson from proceeding with the election contest in the Senate. On December 28, the State Board of Elections complied with this order by unanimously certifying Woodward as the winner for the 37th District State Senate seat.

On December 30, 2004, Woodward brought another motion in the Franklin Circuit Court for a temporary injunction against Stephenson. She also sought an injunction against Senator Williams that would require him to seat her as an active State Senator and to reject Stephenson’s election contest. The court declined to issue either injunction due to pending motions to dismiss for lack of jurisdiction.

Meanwhile, on January 1, 2005, Jefferson Circuit Court Judge Stephen Ryan administered the oath of office for State Senator to Woodward. On January 4, 2005, Woodward again recited the oath of office for State Senate in the Kentucky State Senate chambers with other newly elected Senators. Immediately thereafter, however, Senator Dan Kelly moved to refuse recognition of the certificate of election by the State Board of Elections on the basis that Woodward had not received the most raw votes. The motion passed by voice vote. The same day, the Senate randomly selected an Election Contest Board of nine members to consider Stephenson’s still-pending election contest.

Following two days of deliberations, the Senate’s Election Contest Board issued reports to the full Senate. The majority report, signed by five of the nine members of the committee, determined that Stephenson’s election contest was without merit because she failed to meet the six-year residency requirement of the Kentucky Constitution. The majority report further found Woodward to be the duly certified and elected winner in the 37th District. Nevertheless, on January 7, 2005, the Senate voted to reject the majority report of its Election Contest'Board and instead accepted a minority report filed by three members of the Board.² This minority report found that Stephenson was legally qualified to be seated as a member of the Senate. Shortly thereafter, the Senate seated Stephenson as the State Senator from the 37th District and the Clerk of the Senate administered the oath of office to her.

The following week, on January 14, 2005, the Franklin Circuit Court issued a temporary injunction prohibiting Stephenson from exercising the duties of the Senate office and denying Stephenson’s motion to dismiss for want of jurisdiction. On January 28, 2005, the court also denied Woodward’s motion for injunctive relief against Senator Williams. Subsequently, Stephenson and Senator Williams, in his official capacity as President of the Senate, filed motions for interlocutory relief with the Court of Appeals. This Court accepted transfer of the motions and issued an opinion on March 17, 2005, upholding the temporary injunction and declining to address the merits of the dispute.

Both parties then filed motions for summary judgment in the Franklin Circuit Court. The court issued its opinion on June 1, 2005. Though concluding that the Jefferson Circuit Court’s judgment was not binding on the Senate, the Franklin Circuit Court found that the Senate’s action in seating Stephenson as a Senator was arbitrary under Section 2 of the Kentucky Constitution. Accordingly, the court partially granted Woodward’s motion for summary judgment by declaring Stephenson a constitutionally unqualified candidate and therefore ineligible to be seated as a Senator. However, the court declined Woodward’s request to require that Senator Williams seat Woodward as Senator, concluding that the court lacked authority for such action.

Stephenson and Senator Williams appealed the judgment of the Franklin Circuit Court to the Court of Appeals. This Court accepted transfer of the case on August 31, 2005, and heard oral arguments by the parties on November 16, 2005. On appeal, the gravamen of Stephenson’s and Senator Williams’ arguments is that this Court lacks jurisdiction to hear this action. Both Appellants argue that Section 38 of the Kentucky Constitution grants the General Assembly exclusive and ultimate power to judge the qualifications of its members. They maintain that Section 2 of the Kentucky Constitution does not permit the judiciary to review the General Assembly’s exercise of power pursuant to Section 38 and, therefore, the Franklin Circuit Court erred in holding that the Senate acted arbitrarily in seating Stephenson as State Senator. Woodward responds with two central arguments. First, Woodward maintains that Section 2 of the Kentucky Constitution authorizes this Court to review the Senate’s exercise of power for arbitrariness. For this reason, according to Woodward, the judgment of the Franklin Circuit Court was correct. Furthermore, Woodward posits that the judgment of the Jefferson Circuit Court, finding Stephenson to be an unqualified candidate for State Senator, is binding on all parties and serves to prevent Stephenson from being seated as a State Senator.

Because we conclude that it is determinative of the matter, we first address the action of the Jefferson Circuit Court. The Jefferson Circuit Court predicated its jurisdiction to hear Woodward’s motion on KRS 118.176. On appeal, the parties dispute the extent of jurisdiction authorized by the statute, which provides a procedure and remedy for pre-election challenges to the qualifications 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.” Noble v. Meagher, 686 S.W.2d 468, 460 (Ky.1985) (construing prior version of KRS 118.176). But, the General Assembly has, in fact, done precisely what it is authorized to do by enacting KRS 118.176 — it has delegated to the courts the sole authority to judge the qualifications of candidates if a challenge is filed prior to an election. It is important to note that no party to this action has challenged the constitutionality or validity of this statute.

Nonetheless, Senator Williams and Stephenson invoke the authority of the General Assembly to judge the qualifications of its members pursuant to Section 38 of the Kentucky Constitution, which states that “[e]ach house of the General Assembly shall judge of the qualifications, elections and returns of its members, but a contested election shall be determined in such manner as shall be directed by law.” KRS 120.195 and KRS 120.215 carry out the command of Section 38, and direct the procedures for contesting an election for a position in the General Assembly; the statutes do not include the judiciary in this process. Yet, again, neither this Court nor the courts below predicate our jurisdiction to hear this matter on KRS Chapter 120 or Section 38 of the Constitution. Rather, the General Assembly has specifically conferred jurisdiction upon the courts to adjudicate challenges questioning the qualifications of candidates through KRS 118.176.

Furthermore, contrary to that espoused in the dissenting opinions, the delegation of authority in KRS 118.176 in no way infringes upon the constitutional authority of the General Assembly to judge the qualifications of its members pursuant to Section 38. Stephenson’s and Williams’ arguments are predicated upon the fundamentally flawed belief that Stephenson was actually a member of the Senate. In a normal election that proceeds without dispute or controversy, candidates are no longer candidates after the election has occurred, as the voters have designated a winner who then becomes a Senator-elect. However, the mere happening of the election does not instantly transform this Senator-elect into a sitting member of the Senate. Rather, a Senator-elect only becomes a member of the Senate when his or her term commences “upon the first day of January of the year succeeding [the] election.” Ky. Const. Sec. 30. This proscription exists for an obvious reason: so that the terms of the departing Senator and the Senator-elect do not overlap.

Here, though, when the Jefferson Circuit Court rendered its order finding that Stephenson was not a bona fide candidate and therefore ineligible to appear on the ballot, she lost all rights to that office. This determination was made on November 22, 2004 — before Stephenson had taken the oath of office, before she had been sworn in as a State Senator, and before the term of office which she sought commenced on January 1, 2005. There is simply no legal or logical authority for the proposition that Stephenson was a member of the Senate when the Jefferson Circuit Court rendered its decision, a point conceded by all parties. Because she was not a member, the Jefferson Circuit Court’s order in no manner violated Section 38 of the Kentucky Constitution. It is also for this reason that Appellants’, as well as the dissenting opinions’, reliance on cases dealing with this Court’s refusal to interfere with the General Assembly’s exclusive authority to pass on the qualifications of its members is clearly misplaced. See e.g. Raney v. Stovall, 361 S.W.2d 518 (Ky.1962) (dealing with the qualifications of a sitting member of the Senate who was appointed as a deputy sheriff halfway through his term).

We also reiterate the long-observed principle that constitutional adjudication should be avoided unless it is strictly necessary for a decision in the case. In Spec-tor Motor Service v. McLaughlin, the Supreme Court of the United States stated, “If there is one doctrine more deeply rooted than any other in the process of constitutional adjudication, it is that we ought not to pass on questions of constitutionality ... unless such adjudication is unavoidable.” 323 U.S. 101,105, 65 S.Ct. 152,154, 89 L.Ed. 101 (1944). More recently, in Gomez v. U.S., the Court stated, “It is our settled policy to avoid an interpretation of a federal statute that engenders constitutional issues if a reasonable alternative interpretation poses no constitutional question.” 490 U.S. 858, 864, 109 S.Ct. 2237, 2241, 104 L.Ed.2d 923 (1989). One articulation of the rule directly applicable here was first stated by Justice Brandéis: “Thus, if a case can be decided on either of two grounds, one involving a constitutional question, the other a question of statutory construction or general law, the Court will decide only the latter.” Ashwander v. TVA 297 U.S. 288, 347, 56 S.Ct. 466, 80 L.Ed. 688 (1936) (Brandeis, J., concurring). As the General Assembly adopted KRS 118.176 and it applies to this case, we will confine our analysis to the statute.

Necessary to this determination is our conclusion that this matter does not involve an election contest. “An election contest obviously is a post-election procedure, involving an election that has been held, as distinguished from a pre-election suit to determine whether a person may be voted on as a candidate.” Fletcher v. Wilson, 495 S.W.2d 787, 791 (Ky.1973). Furthermore, this Court has specifically determined that pre-election challenges pursuant to KRS 118.176 are not election contests. Noble v. Meagher, 686 S.W.2d 458, 461 (Ky.1985). Cases dealing with election contests — that is, disputes involving not the qualifications of a candidate but the validity of the election itself — are inapplicable to this matter. See e.g. Taylor v. Beckham, 108 Ky. 278, 56 S.W. 177 (1900) (in which the Court refused to interfere with the General Assembly’s constitutional authority to settle a contested election, wherein fraud and corrupt practices were alleged). Thus, the Jefferson Circuit Court had jurisdiction, expressly granted by the General Assembly pursuant to KRS 118.176, to accept Woodward’s motion as such action was not an election contest, but rather a challenge to a candidate’s qualifications to appear on the ballot.

We next address two subordinate issues: whether KRS 118.176 authorized the Jefferson Circuit Court to hear arguments on Woodward’s motion the day after the general election, and whether it had jurisdiction to grant relief to Woodward in the form of an injunction. At the outset, we reiterate that statutes governing election procedures must be strictly complied with because “compliance with certain statutory steps are jurisdictional requirements.” Noble at 460. See also Ritchie v. Mann, 500 S.W.2d 62 (Ky.1973). Subsection 2 of KRS 118.176 sets forth certain time limitations for filing a motion to challenge a candidate’s qualifications, and reads in pertinent part:

The bona fides of any candidate seeking nomination or election in a primary or general election may be questioned by any qualified voter entitled to vote for such candidate or by an opposing candidate by summary proceedings consisting of a motion before the Circuit Court of the judicial circuit in which the candidate whose bona fides is questioned resides. An action regarding the bona fides of a candidate seeking nomination or election in a primary or general election may be commenced at any time prior to the general election. The motion shall be tried summarily and without delay.

Stephenson argues that the Jefferson Circuit Court lacked jurisdiction to hear Woodward’s motion to disqualify her and, consequently, lacked jurisdiction to enjoin the Jefferson County Board of Elections from counting votes cast for her. According to Stephenson, KRS 118.176 grants authority to a circuit court to consider pre-election challenges only up until the time of the election, but that its jurisdiction evaporates once the polls have opened. At that time, jurisdiction then shifts to the General Assembly by virtue of Section 88 of the Kentucky Constitution. Furthermore, because the polls had closed and all votes had been cast prior to the time of the Jefferson Circuit Court order, Stephenson posits that the action was moot. Stephenson therefore concludes that the judgment of the Jefferson Circuit Court is void.

Woodward relies primarily on the plain language of the statute, which does not explicitly state that a challenge to the bona fides of a candidate must be commenced and adjudicated prior to the election. Furthermore, Woodward directs our attention to KRS 118.176(4), which sets forth an expedited appeal process for motions brought under the statute: “[t]he motion shall be heard by the Court of Appeals ... except that the motion must be made before the court or judge within five (5) days after the entry of the order in the Circuit Court.” Woodward argues that this language clearly contemplates an appeal process that may extend beyond the election. Thus, Woodward argues that the Jefferson Circuit Court properly exercised its jurisdiction and its order is valid and becomes binding in the absence of an appeal therefrom.

We turn to the proper interpretation of KRS 118.176. “It was long ago settled that the interpretation of statutes is a proper judicial function.” Masonic Widows and Orphans Home and Infirmary v. City of Louisville, 309 Ky. 532, 217 S.W.2d 815, 822 (1948). When construing duly enacted statutes, it is “the seminal duty of a court ... to effectuate the intent of the legislature.” Commonwealth v. Plowman, 86 S.W.3d 47, 49 (Ky.2002). See also Wesley v. Bd. of Educ. of Nicholas County, 403 S.W.2d 28, 29 (Ky.1966) (the “fundamental touchstone” of statutory construction is “the will or intent of the legislature”). The most logical and effective manner by which to determine the intent of the legislature is simply to analyze the plain meaning of the statutory language: “[r]esort must be had first to the words, which are decisive if they are clear.” Gateway Constr. Co. v. Wallbaum, 356 S.W.2d 247, 249 (Ky.1962). “[Statutes must be given their literal interpretation unless they are ambiguous and if the words are not ambiguous, no statutory construction is required.” Plowman at 49. We lend words of a statute their normal, ordinary, everyday meaning. Id.

KRS 118.176 provides that an action challenging the bona fides of a candidate in a general election “may be commenced at any time prior to the general election.” This language is clear and free of any ambiguity or uncertainty. The terminology used in the statute is of common parlance. The statute employs the very broad and expansive language that the action may be commenced at any time prior to the general election. Contrary to Justice Scott’s definition, it places no restrictions as to exactly how far in advance of the general election the motion may be filed, nor does it identify a deadline other than “the general election.” We need not resort to speculation or conjecture to discern the legislative intent of this portion of KRS 118.176: the only logical interpretation is that it authorizes challenges up to the time that the general election commences. “A civil action is commenced by the filing of a complaint with the court and the issuance of a summons or warning order thereon in good faith.” CR 3.01. It is uncontested that Woodward commenced her action in the Jefferson Circuit Court as defined by CR 3.01, and fulfilled the time requirement of KRS 118.176, as she filed her motion before the election commenced the following day.

Stephenson directs our attention to the fact that the Jefferson Circuit Court did not hold a hearing on the motion or render its decision until after the November 2 general election. She urges that the jurisdiction of the circuit courts to consider KRS 118.176 motions extinguishes, or evaporates, when the polls open and the election has commenced. Implicit in this argument is the concession that the Jefferson Circuit Court did have jurisdiction when Woodward’s motion was filed. Jurisdiction turns on the facts existing at the time the action was commenced. Louisville, N.A & C. Ry. Co. v. Louisville Trust Co., 174 U.S. 552, 556, 19 S.Ct. 817, 818, 43 L.Ed. 1081 (1899). “As a general rule, jurisdiction once acquired is not defeated by subsequent events, even though they are of such character as would have prevented jurisdiction from attaching in the first instance.” 21 C.J.S. Courts § 72 (2005). See also Big Sandy Realty Co. v. Stansifer, 253 S.W.2d 601, 604 (Ky.1952) (same, quoting a prior version of 21 C.J.S. Courts, supra). Therefore, the Jefferson Circuit Court, having acquired jurisdiction by the timely filing of Woodward’s motion pursuant to KRS 118.176, retained that jurisdiction to finally adjudicate the action despite the subsequent general election, even though it would not have acquired jurisdiction had Woodward filed her motion after the commencement of the election.

Furthermore, Stephenson’s position is at variance with the language of the statute. Under Stephenson’s interpretation, simply filing an action prior to the election is insufficient because the issue becomes moot and non-justiciable once the election has been held. In other words, Stephenson argues that KRS 118.176 requires that the action be commenced and adjudicated prior to the election. This interpretation, however, is in direct contravention of the plain language of the statute, which states only that the action must be commenced prior to the election. It does not require that the action must be commenced and adjudicated prior to the election. We decline the invitation to attach additional words or meaning to an otherwise clear and unambiguous statute. “We are not at liberty to add or subtract from the legislative enactment or discover meaning not reasonably ascertainable from the language used.” Commonwealth v. Harrelson, 14 S.W.3d 541, 546 (Ky.2000).

Nor may we interpret a statute at variance with its stated language. There is no language in KRS 118.176 from which to deduce that the General Assembly intended these actions be adjudicated prior to the opening of the polls. In fact, the sole reference to the circuit court’s time limitations is the requirement that the motion be “tried summarily and without delay.” Reading this provision in concert with the expedited appeal process set forth in subsection 4 of the statute makes it clear that the legislature considered the exigency of KRS 118.176 motions. The public’s interest in the expeditious resolution of election challenges is axiomatic. However, the legislature specifically provided that the motion be considered without delay; it did not state that the motion must be adjudicated prior to the election. Principles of statutory interpretation lead to a single conclusion: if the legislature had intended that actions pursuant to KRS 118.176 be both commenced and adjudicated prior to the general election, it would have so stated in definitive terms.

Additionally, Stephenson argues that, because the statute does not provide for a remedy post-election, the legislature did not intend for the courts to further consider such actions after the election had been held, even if they had been commenced prior to the election. Again, this assertion ignores the clear and unambiguous language of the statute. When a circuit court has determined that a candidate is not a bona fide candidate, KRS 118.176(4) mandates that the court must “certify the fact to the board of elections, and the candidate’s name shall be stricken from the written designation of election officers filed with the board of elections or the court may refuse recognition or relief in a mandatory or injunctive way.” (Emphasis added). We agree with Stephenson’s common sense conclusion that striking a candidate’s name from the ballot is a pre-election remedy. However, we cannot conclude that this language precludes any post-election remedy. To the contrary, by employing the phrase “or the court may refuse recognition or relief in a mandatory or injunctive way,” the legislature explicitly authorizes additional forms of relief. To adopt Stephenson’s reasoning would render the last portion of the sentence utterly meaningless. The plain and unambiguous language of the statute permits a circuit court to do precisely what the Jefferson Circuit Court did, in fact, do. By enjoining the Jefferson County Board of Elections from counting votes cast for Stephenson, the court refused recognition of Stephenson as a candidate by means of an injunction, which is expressly authorized by the statute.

Finally, we note that Stephenson’s theory of “evaporating jurisdiction” would lead to curious results, surely not intended by the General Assembly. Both Stephenson and Williams concede that KRS 118.176 actions may be brought any time prior to the election; this is unequivocally stated in the statute. However, if a court may accept these actions any time prior to the election, but loses jurisdiction once the polls open, there is nothing to prevent a recalcitrant judge from simply refusing to adjudicate a KRS 118.176 motion.³ The court might simply let the motion sit until after election day, at which point jurisdiction would evaporate. We are confident that the General Assembly did not intend such a result, but instead intended the judiciary to adjudicate the qualifications of candidates — even if, in rare circumstances, such adjudication actually occurs several days after the election has occurred. Furthermore, this interpretation in no way encourages the “calculated late filings” feared by Justice Scott. If jurisdiction to adjudicate the matter does, in fact, continue beyond the election, then candidates have no incentive to file their actions later rather than sooner. Rather, it inures to their benefit to disqualify an adversary as early as possible, saving the time, effort and expense of additional campaigning against an unqualified candidate who could never lawfully take office.

Because the language of the statute is abundantly clear, we need not resort to extrinsic aids to its interpretation. Nonetheless, the legislative history is enlightening and serves only to strengthen our foregoing conclusion, and for this reason we reference it.⁴ KRS 118.176 has existed in several forms since 1974, but was amended most recently in 2001. Prior to the 2001 version, KRS 118.176 allowed challenges to the bona fides of a candidate only up until the time of the primary election. See Noble v. Meagher, 686 S.W.2d 458 (Ky.1985) (holding, in part, that the post-1984 version of KRS 118.176 requires that challenges to the qualifications of a candidate must be made before the primary election in strict compliance with the wording of the statute). The General Assembly again considered the statute in 2001 in response to the case of Legate v. Stone.5

There, Legate and Stone were candidates for councilperson in Madisonville, Kentucky. Though running in the primary election as a Democrat candidate, it was discovered on the day of the primary election that Legate was, in fact, a registered Republican. Legate received the most raw votes in the election. After the primary election, Stone filed a challenge pursuant to KRS 118.176 to disqualify Legate, and the circuit court ruled in his favor. The Court of Appeals, however, reversed with directions to dismiss the action, concluding that KRS 118.176 motions filed after the primary election are untimely. This Court denied discretionary review.

At the next legislative session in 2001, the General Assembly amended the statute to allow challenges to a candidate’s qualifications up until the general election. The stated purpose of the proposed amendment was to allow challenges up until the time of the general election, specifically to prevent the situation that ultimately occurred in Legate v. Stone.6 The Journal of the House of Representatives indicates that an initial version of the amendment proposed that an “action regarding the bona fides of any candidate seeking nomination or election in a primary or general election may be commenced either before or after the primary or general election.” ⁷ The version ultimately enacted, of course, allows KRS 118.176 actions simply “any time prior to the general election,” effectively prohibiting motions subsequent to the general election. Comments made by Representatives during a session of the House Committee on Elections, Constitutional Amendments and Intergovernmental Affairs indicate that this alteration was made because, after an election, “candidates” are no longer “candidates” and therefore are not the subject of KRS 118.176 actions. From this history, we believe that it is unquestionable that the General Assembly amended KRS 118.176 in 2001 to effectuate a singular goal: to allow challenges to a candidate’s qualifications after the primary election and any time prior to the general election.

Finding no ambiguity in the plain language of the statute, it is our holding that KRS 118.176 permits a circuit court to consider and adjudicate challenges to a candidate’s bona fides that are commenced prior to the general election. There are no limitations placed on the movant as to how far in advance of the election the action may be commenced, nor are there limitations placed on the circuit court concerning time limitations for adjudication. Here, Woodward commenced her action prior to the general election. That she filed the motion to disqualify Stephenson hours before the polls opened is of absolutely no consequence; her action was commenced prior to the election and satisfies this simple requirement of the statute. Furthermore, because Woodward’s motion complied with the filing requirements of the statute, the Jefferson Circuit Court had jurisdiction to adjudicate the matter and grant relief in the form of an injunction, and that jurisdiction continued to exist even after the election had occurred. Because no party to this action chose to appeal the order of the Jefferson Circuit Court, it is valid and binding on the parties. Though for substantively different reasons, we affirm that portion of the Franklin Circuit Court judgment declaring that Stephenson is not constitutionally qualified for the office of State Senator and may not be seated.

We must also consider Woodward’s cross-appeal in which she argues that the Franklin Circuit Court erred in declining to compel Senator Williams to seat her as the Senator for the 37th District. Kentucky courts have long recognized the principle that votes cast for an unqualified candidate are not in and of themselves void. Stephenson did, in fact, receive the most votes in this election. However, the fact that she has been disqualified does not render Woodward the winner nor grant her a right to the office. Rather, the effect of the disqualification of a candidate subsequent to the election is that no election has occurred and the true and legitimate will of the people has not yet been expressed. See Woods v. Mills, 503 S.W.2d 706 (Ky.1974) (declining to declare the appellant the winner in an election in which the appellee, who won the most votes, was later disqualified). See also Bogie v. Hill, 286 Ky. 732, 151 S.W.2d 765 (1941); McKinney v. Barker, 180 Ky. 526, 203 S.W. 303 (1918). We therefore affirm that portion of the Franklin Circuit Court judgment denying Woodward’s request to compel the Senate to seat her.

This Court is deeply respectful of the electoral process and its very fundamental role in the functioning of a true democracy. We are equally sympathetic to those citizens who voted in the election herein disputed. However, we cannot ignore that an election may only be considered legitimate when the statutory procedures governing the process are followed and constitutional mandates are respected. When a candidate who is constitutionally unqualified to take office nonetheless presents him or herself as a qualified candidate eligible for election and office, that candidate has not only misled the electorate but also engaged it in a futile endeavor. Votes cast for the unqualified candidate lack the import of those cast for a qualified candidate, as each vote could under no circumstances result in the placement of the candidate in the desired office. As stated above, though the voters of the 37th District participated in the election process on November 2, 2004, they were essentially prevented from making a choice and the end result is that no valid election has actually occurred.

Unfortunately, the 37th District has been unrepresented for nearly an entire year during the pendency of this action. Sadly, the delay was avoidable. Had the Appellants sought relief from the Jefferson Circuit Court order through the appellate process, rather than abandoning judicial remedy and instead seeking a more favorable outcome in an alternate forum, this matter could have been expeditiously resolved and the 37th District would have had the representation to which it is entitled. Instead, the protracted nature of this widely publicized litigation provided fertile ground for tensions to rise and arguments to become more heated between the parties. The result is that a single challenge to the qualifications of a candidate has mushroomed into a perceived clash of a constitutional magnitude between the legislature and the judiciary. The constitutional confrontation between separate branches of Kentucky’s government which was predicted by some has not arisen.

While Justice Roach might find it “mind-boggling” and “outrageous” that we have decided the issues herein presented, it would be even more outrageous for this Court to abandon its Constitutional duty to “say what the law is.” Marbury v. Madison, 5 U.S. (1 Cranch) 137, 2 L.Ed. 60 (1803). This Court and its predecessors have recognized on countless occasions the autonomy of our sister branches of government, our inability to pass on the wisdom of legislative or gubernatorial action, and our profound respect for the doctrine of separation of powers. But, just as this Court will not infringe upon the independence of the legislature, we will not cast a blind eye to our own duty to interpret the Constitution and declare the law. It is the primary and fundamental responsibility of this Court to ensure that the Constitution of this Commonwealth is respected. As we have set forth at length in this opinion, the legislature has delegated authority to the judiciary to determine the qualifications of a candidate for public office; that alone is the issue to which we have confined our decision. By exercising only that jurisdiction that has been specifically conferred upon the judiciary by the legislature, this Court has neither infringed on the autonomy of the General Assembly nor violated the doctrine of separation of powers.

For the foregoing reasons, the judgment of the Franklin Circuit Court is affirmed in part and reversed in part.

LAMBERT, C.J.; GRAVES and WINTERSHEIMER, JJ., concur.

LAMBERT, C.J., files a separate concurring opinion, which GRAVES, J., joins.

COOPER, J., concurs in part and dissents in part, by separate opinion. ROACH, J., dissents by separate opinion, with SCOTT, J., joining. SCOTT, J., dissents by separate opinion.

1 . It must be noted that the record is devoid of any evidence indicating that Ms. Woodward purposefully withheld her motion or otherwise effectuated a "calculated late filing” as stated by Justice Scott in his dissenting opinion. Such a conclusion is nothing more than a bare inference from the circumstances of the case; a "calculated late filing” was neither admitted by Ms. Woodward nor proven by her adversaries.

2 . The remaining member of the Board also filed a report finding Stephenson to be unqualified. However, this member believed a special election should be held to fill the vacancy.

3 . This is not the situation that occurred in the Jefferson Circuit Court. While the court did postpone the hearing on Woodward's motion, a delay of less than 48 hours can hardly be considered a "worst case scenario,” as characterized by Justice Roach.

4 . "In the interpretation of statutes, the function of this or any court is to construe the language so as to give effect to the intent of the legislature. There is no invariable rule for the discovery of that intention. The actual words used are important but often insufficient. The report of the legislative committees may give some clue. Prior drafts of the statute may show where meaning was intentionally changed. Bills presented but not passed may have some bearing. Words spoken in debate may be looked at to determine the intent of the legislature.” Fiscal Court of Jefferson County v. City of Louisville, 559 S.W.2d 478, 480 (Ky.1977).

5 . The opinion of the Court of Appeals in this matter was not designated for publication. It may be referenced by its case number, 2000-CA-01724-1. We note also that this case is not cited as authority, as prohibited by CR 76.28(4)(c), but rather simply to acknowledge the impetus for the 2001 legislative revision to KRS 118.176.

6 . Hearing on HB 85 Before the Sen. State and Local Gov’t. Comm., 2001 Reg. Sess. (Ky.2001).

7 . Ky.HJ. Reg. Sess. (2001).