Louisville GOP House hopeful wins appeal, is ruled an eligible candidate
The GOP candidate in a politically “purple” Kentucky House of Representatives district is back.
Susan Tyler Witten spent more than a week as an ineligible candidate for House District 31 in Louisville after a ruling by Jefferson Circuit Judge Annie O’Connell.
Her Democratic opponent, Sue Foster, challenged Witten’s candidacy because she did not live in the district at the time of her filing – however, the district lines officially changed to include her residence as well as that of two voters who signed affidavits in support of her candidacy just one day later.
Court of Appeals Judge Pamela Goodwine overturned that ruling on Friday.
Witten is now an eligible candidate in a battle that’s shaping up to be one of the more competitive House races in Kentucky. The old House District 31, which used to be occupied by Rep. Josie Raymond, D-Louisville, and is now an open seat, shifted further east within Jefferson County during redistricting. That made it a potential pickup opportunity for Republicans.
The district is estimated to have voted for Democratic President Joe Biden by just over 3 percentage points. The old 31st House District is estimated to have swung for Biden over former president Donald Trump by almost 17 points.
Goodwine’s disagreement with O’Connell hinged on an interpretation of the word “may,” and the citation of a case involving Senate Minority Leader Mitch McConnell’s attempted candidacy for the same seat around 50 years ago.
O’Connell took phrasing in a law that said that challenges to candidacy “may be commenced” before the primary election to mean that the timing aspect is optional. Goodwine begged to differ. She also cited logic applied to a case in McConnell’s disqualification – he was redistricted out of the new House District 31 at the time – to indicate Witten’s current residency in the district mattered more than the fact that her paperwork was filed erroneously.
“The underlying petition does not allege that any of these three individuals (do) not presently reside in District 31 as newly drawn… We must conclude, therefore, that the circuit court erred in disqualifying Witten as all three individuals at issue have been continuously ‘identified with the geographical area defined by the [present District 31] boundaries’ at all relevant times,” the ruling read.
Witten celebrated Goodwine’s opinion. She said Foster’s challenge to her candidacy was filed in “bad faith.”
“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. The court agreed with us on all points, not only that the challenge was not timely, but my affidavits were in fact sufficient,” Witten wrote.
Foster said she was disappointed in the decision.
“Today’s ruling is disappointing because the appeals court has ruled against the voters of District 31. We will continue to fight to be the voice for reproductive rights, public education, and safe neighborhoods. As I walk door-to-door, I continue to listen to my neighbors’ concerns and remain dedicated to standing strong for this district,” Foster said.
Foster is president of a union that represents Jefferson County Public Schools support staff, and has run a campaign that emphasizes the importance of public education. Witten, an electrical supplies distributor who is married to a local radio personality, is running on a platform of further supporting law enforcement, among other priorities touted by conservatives across the state.
