Kentucky State Board of Elections v. Faulkner

The Supreme Court reversed the decision of the circuit court and held that third-place finisher Karen Faulkner was not entitled to appear on the November 6, 2018 ballot for the election for the District Court Judge of the 9th Division of the Jefferson District Court (District Court Judge).

The order of the circuit court appealed from addressed which candidates were entitled to appear on the ballot of the November 2018 election for the District Court Judge. This case was initially brought as a declaratory judgment action by Karen Faulkner, a third-place primary election candidate. Faulkner asserted that, because the first-place vote-getter died, she should be deemed the second-place vote-getter and thus nominated for the general election. The Supreme Court held that Faulkner was not entitled to appear on the November 2018 ballot because Ky. Rev. Stat. Chapter 118A does not provide that the third-place primary election candidate ascends to a place on the general election ballot when either of the top two vote-getters dies after the primary election but before certification of the primary election results.