After the death of Louisville's Judicial Candidate Daniel Alvarez, the state denied a ballot spot to the third place primary finisher. The candidate sued for a restraining order and in an opinion issued Monday, Judge Phillip Shepard granted the order, placing the candidate back on the ballot for the 9th Judicial District.
Judge Shepard explained that “the effect of the death of a primary candidate in a judicial election can be stated as follows: from the moment that the [Secretary of State] certifies the names of the judicial primary candidates until the moment that the Secretary issues certificates of nomination to the two judicial primary candidates who received the highest number of votes, the death of a candidate legally nullifies any votes cast for him or her in the primary.”
The opinion went on to explain that it would be "ironic, and contrary to statute, if the effect of his death was to ensure the election without opposition of a candidate who he defeated in the primary, and to deprive the citizens who voted for him in the primary the opportunity to have a voice in who will be elected to this judgeship[.]”
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