Ky. State Representative candidate wins appeal, will appear on ballot

Susan Tyler Witten
Susan Tyler Witten(Susan Tyler Witten Campaign)
Published: Oct. 28, 2022 at 7:51 PM EDT
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LOUISVILLE, Ky. (WAVE) - 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 Oct. 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 Jan. 19, the date the affidavits were filed.

Senate Bill 3 had redrawn the boundaries for District 31 effective the following day, Jan. 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.”

“Today, the Court of Appeals rejected a bad faith attempt by Sue Foster to deprive voters in House District 31 a choice in this election, one of the most important in our lifetimes, when families in Louisville are struggling with historic inflation and crime,” Witten said in a statement. “The court agreed with us on all points… not only that the challenge was not timely, but my affidavits were in fact sufficient.”

General election is on Nov. 8.