Lawrence coroner candidate ruled ineligible for office

By Lilly Adkins

BSN Associate Editor

LOUISA — A judge last week disqualified a candidate for Lawrence County coroner, ruling that he does not meet the age requirement for the office.

Lawrence Circuit Judge John David Preston’s decision came in a lawsuit filed by the current coroner, Wesley Heston, who claimed that his opponent in the upcoming Republican primary, Will Skaggs, is not old enough to hold the position.

Preston conducted a hearing with counsel for the parties on March 24 to consider the complaint, at which time it was agreed that Skaggs’ date of birth is March 2, 1999, making him 23 years old.

The parties agreed that no further factual development or evidentiary hearing was necessary before the court could proceed to consider the request for declaratory judgment, Preston said in his decision.

“From the pleadings, Plaintiff and Defendant are Republican candidates for the office of coroner of Lawrence County in the Republican primary to be held on May 17,” Preston wrote. “There are no Democrat candidates for the office. The general election will be held Nov. 8. Skaggs was born on March 2, 1999, and is presently 23 years of age. He will not be 24 years of age at the time of the primary election on May 17, nor at the time of the general election on Nov. 8, nor on the date when the next Lawrence County Coroner will take office on Jan. 2, 2023.”

Heston argued that Skaggs is constitutionally ineligible to hold the office, citing Sections 99 and 100 of the Kentucky Constitution.

“Section 100 of the Constitution sets forth that no person shall be eligible for the office of coroner who is not 24 years of age at the time of his election,” the judgment says. “It is uncontested that Skaggs will not have attained the age of 24 years by the time of his election to office.

“The Court concludes as a matter of law that Skaggs’ candidacy is barred by the Kentucky Constitution, in that he will not be 24 years of age at the time of his election. It is therefore ordered and adjudged that Skaggs is not a bona fide, legal or constitutionally eligible candidate for the office of Lawrence County Coroner. It is ordered that Skaggs be disqualified as a candidate for the office of coroner of Lawrence County, and it is ordered that his name shall not appear on the ballot for the office of Coroner of Lawrence County in the primary to be held on May 17. There being no cause for delay, this is a final and appealable judgment.”

Lawrence County Clerk Chris Jobe said that since Heston and Skaggs are Republicans and no Democrats filed for the office, neither man’s name will appear on the May ballot.

Jobe also said that after the primary election, write-in candidates have until Oct. 28 at 4 p.m. to file for offices, which is 10 days before the Nov. 8 general election.

After the judge’s ruling, Skaggs issued the following statement:

“As I have learned, I am the loser in the case brought against me by Wesley Heston. He will be the coroner for Lawrence County for the next four years, beginning on January 1, 2023.

“First, I want to congratulate Wesley’s circuit court victory.

“To my supporters, I want to thank you for your kind words and support.

“I should tell everyone my story, why I chose to run for the coroner’s office, and why I registered as a candidate for this office. Contrary to what you may have heard, I researched the qualifications for the office.

“To find the qualifications for the office, I went to the best possible place I knew to go; the Kentucky Criminal Justice Training System for Kentucky Coroners, located at Eastern Kentucky State University. This school provides legal education for all coroners and police departments in Kentucky except Lexington and Louisville. The Kentucky State Police have a separate training facility.

“Entering this site, I found that a person must have a high school education and be 21 years of age for a coroner and the assistant coroner to receive the required education. Having found I qualified, I filled out my application with the Lawrence County Clerk and paid my registration fee. The Kentucky Secretary of State accepted my registration. Next, the County Clerk’s office notified me of the drawing for the ballot position, which I attended.

“I purchased my signs and cards and commenced seeing people, telling them I was a candidate for the coroner position.

“Then, almost 4-months later, I find myself in Circuit Court being sued. I had never been in any court. That is when I saw in the Complaint that the age of 24 years is required to be the coroner. Already in the fight, I decided to attempt to at least be a primary candidate, which would have occurred if both of us had not been of the same political party.

“Had I known that I did not qualify age-wise, I would have never attempted to be a candidate. A most remarkable happening occurred after Wesley filed suit; the Kentucky Criminal Justice site changed the coroner’s age to 24.

“So, I can only tell you, I will see you in four years. I apologize and am so sorry for being misled.”