Commonwealth ex rel. Stidham v. Henson

With blind deference to consistency and for no reason other than its refusal to distinguish this case from Bowen v. Commonwealth, 94—SC-173-TG, 887 S.W.2d 350 (decided herewith), the majority has invalidated the election of Henson as Breathitt County Judge/Executive, thereby thwarting the will of the people and denying them the representative they elected.

The trial judge quite properly decided this case on the basis of substantial compliance, a doctrine deeply embedded in Kentucky law. Substantial compliance, of course, presupposes a failure of technical compliance but is applied to avoid a…