Hardin v. Montgomery

In the November 4, 2014 general election for the office of Magoffin County judge executive, Republican candidate John Montgomery challenged the incumbent, Democratic candidate Charles Hardin. The officially-tabulated vote count revealed that Montgomery lost the election to Hardin by twenty-eight votes. Montgomery filed a petition to contest the election. The trial court set aside the election results and declared the office of Magoffin County judge executive vacant pending a new election, concluding that, based on the totality of the circumstances, the election outcome was the result of “fraud and bribery” to the extent that neither contestant could be judged to have been fairly elected. The Supreme Court reversed, holding that Hardin was entitled to occupy the office in accordance with the tabulated results of the November 4, 2014 election because Montgomery failed to meet his burden of affirmatively proving fraud, intimidation, bribery, or violence in the conduct of the election such that Hardin cannot be adjudged to have been unfairly elected.