Judge rules GOP House candidate ineligible on technicality. She plans to appeal.

If Susan Tyler Witten had filed her paperwork to run for House District 31 one day later, she would have been fine.

But Jefferson Circuit Judge Annie O’Connell sided with GOP candidate Witten’s opponent, Democratic candidate Susan “Sue” Foster, in a lawsuit challenging Witten’s candidacy. The basis: Witten and two voters who signed affidavits in support of her candidacy on Jan. 19 were not yet technically residing in the new 31st House District, which took effect one day later on Jan. 20 after the legislature overrode Gov. Andy Beshear’s veto of their redistricting maps.

The redistricting process is required to occur every ten years to conform with population changes as documented by the U.S. Census. In Kentucky, the legislature has the sole power to draw new maps for state House and Senate, as well as U.S. Congress and Kentucky Supreme Court districts. Beshear, a Democrat, vetoed the new House maps, calling them an instance of “unconstitutional political gerrymandering.” The Kentucky Democratic Party is fighting a legal battle against the House and U.S. Congressional maps, currently held up in Franklin Circuit Court, using a similar argument.

All redistricting maps were drawn by Republicans, who hold supermajorities in both chambers of the state legislature, and were not shown to the public until days before their passage. The GOP currently holds a 75-25 advantage over the Democrats in the House.

According to state statute, candidates must file a notification and declaration of their candidacy with the Secretary of State that “shall be signed by the candidate and by not less than two registered voters of the same party from the district or jurisdiction from which the candidate seeks nomination.”

At the time, Witten and the two individuals that signed onto her paperwork resided in House Districts 32 or 33, according to O’Connell’s order.

The old House District 31, which used to be occupied by Rep. Josie Raymond, D-Louisville, and is now an open seat, shifted to the East in redistricting, potentially making it a pickup opportunity for Republicans. According to CNAlysis, the district is estimated to have voted for Democratic President Joe Biden by just over three percentage points. The old 31st House District is estimated to have swung for Biden over former president Donald Trump by almost 17 points.

Per the opinion, Witten’s camp argued that Foster’s challenge was invalid because it was filed on Oct. 7, well after the May primary election took place.

Witten told the Herald-Leader that she “absolutely” plans to appeal O’Connell’s ruling, calling Foster’s challenge a “desperate attempt.”

“We received a ruling today, that if it holds, means voters of HD 31 will not have an election this fall. This ruling by Judge Annie O’Connell was wrongly decided,” Witten said. “Our armed forces are currently turning in their absentee ballots and this ruling gives them no voice. Sue Foster is afraid to face voters this November; I am not.”

In response to the ruling, Foster said that “fair and honest elections are the heart of democracy.”

“Candidates must hold ourselves to the same level of accountability as our constituents in following Kentucky statutes,” Foster wrote in a statement.

Michon Lindstrom, spokesperson for Secretary of State Michael Adams, said that if O’Connell’s order holds that while it’s too late to take Witten’s name off the ballot, any votes for her would be invalidated. The local county clerk would have to post signs advising voters of that at polling places, Lindstrom added.