Witten v. Sternberg

Section 6 of the Kentucky Constitution is not in issue in this case except as it is involved in the argument (not made by any party) that the action here is not one to contest an election or to determine the winner of an election but is one to enforce the constitutional requirement of free and equal elections. The majority opinion holds *505simply that an individual citizen or voter cannot enforce Section 6 through the means of an action to declare invalid an election previously held for a public office. The opinion does not hold that Section 6 applies only to public issues and not to elections…