Miller v. Fiers

CAMMACK, Justice.

W. F. Miller, Jr., and H. B. Fiers were candidates for the Democratic nomination for the office of magistrate in District No. 1 in Livingston County at the last August primary. The election commissioners certified that Fiers defeated Miller by one vote. Miller asked for a recount which resulted in a total vote of 234 for Fiers and 233 for Miller. On this appeal Miller contends that the court erred in rejecting one ballot, which, if counted, would have given the candidates an equal number of votes.

KRS 119.230 provides that, in the event the county board of election…