Opinion

Heleringer v. Brown

  • 104 S.W.3d 397
  • 2003 Ky. LEXIS 97
  • 2003 WL 21049094
Court
Kentucky Supreme Court
Filed
May 7, 2003
Status
Published
Author
Stumbo
On the bench
Lambert, Johnstone, Keller, Stumbo, Wintersheimer, Cooper, Graves
Cited by
5 cases
Authority
More cited than 7.7%

holding that election laws should be liberally interpreted so as to allow the candidate to stand for election

How later courts described this case

  • holding that election laws should be liberally interpreted so as to allow the candidate to stand for election

Written by the judges who cited it.

The opinion

STUMBO, Justice,

concurring.

I concur fully with the opinion by Chief Justice Lambert but write separately to emphasize the point that to grant Appellant the relief he seeks would result in the disenfranchisement of those who would have voted for the Fletcher slate.

In Bullock v. Carter, 405 U.S. 134 , 92 S.Ct. 849 , 31 L.Ed.2d 92 (1972), the United States Supreme Court struck down a candidate filing fee system due to the barriers it created to assess to the primary ballot. The Court therein stated:

In approaching candidate restrictions, it is essential to examine in a realistic light the extent and nature of their impact on voters....

[T]he rights of voters and the rights of candidates do not lend themselves to neat separation; laws that affect candidates always had at least some theoretical, correlative effect on voters.

Bullock, supra at 143-144 , 92 S.Ct. 849 .

Realistically viewed, the situation here is this: remarkable efforts have been made to gain political support by all of the candidates in the form of money spent on advertising and other contact with voters; the ballot order has been determined and ballots printed; and, absentee ballots have already been cast and the primary election is a matter of days away. To, at *405 this point in the process, eliminate a choice from consideration in the Republican primary, would clearly have more than a theoretical effect on the voters. Their contributions, physical labor, even their absentee ballot, if already cast, would be rendered a nullity. To lose a vote because your candidate is defeated is one thing; to lose a vote because a candidacy is voided due to technical reasons is another entirely. The effect would be real and must be acknowledged, just as our predecessor court acknowledged the rights of the voters in cases in which a candidacy has been challenged. In Queenan v. Mimms, Ky., 283 S.W.2d 380, 382 (1955), it was noted that: “It is a fundamental principal that the courts will construe election statutes liberally in favor of the citizens whose right to choose their public officers is challenged. Greene v. Slusher, 300 Ky., 715 , 190 S.W.2d 29 (1945).” The right of the qualified voter to cast an effective vote is among our most precious freedoms.

In holding that the disqualified member of the Republican slate may be replaced, this Court honors in practice that important principle.

JOHNSTONE, J., joins this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.