Lawrence coroner sues to disqualify primary opponent

By Lilly Adkins

BSN Associate Editor

LOUISA — A hearing is set for March 24 in Lawrence County Circuit Court in a lawsuit filed by Lawrence County Coroner Wesley Heston seeking to disqualify his opponent in the Republican primary election.

Heston alleges in the lawsuit that Will Skaggs doesn’t meet the constitutional qualifications for coroner because of his age.

Heston seeks a determination that Skaggs is not a bona fide candidate for coroner because he does not meet the constitutional qualifications for the office. He also asks for injunctive relief for the secretary of state, the Lawrence county clerk and the Kentucky Board of Elections to remove Skaggs’ name from the primary election ballot.

Heston noted in the suit that he and Skaggs are the only two candidates on the ballot and that Skaggs will be 23 years of age at the time of the primary election, which will be held May 17, 2022, as well as the Nov. 8 general election.

Section 100 of the Kentucky Constitution states that “no person shall be eligible to the offices mentioned in Sections 97 and 99 who is not at the time of his election twenty-four years of age (except Clerks of County and Circuit Courts, who shall be twenty-one years of age), a citizen of Kentucky, and who has not resided in the State two years, and one year next preceding his election in the county and district in which he is a candidate,” according to the complaint.

“In fact, Skaggs will still be 23 years old on the first Monday in January, when winning candidates are sworn into office,” Heston said in the complaint. “Skaggs will not turn 24 years old until March 2, 2023.”

Heston said in the complaint that Skaggs’ name should be removed from the ballot because his candidacy is forbidden by the Kentucky Constitution and would be subject to immediate ouster if elected because he is constitutionally ineligible to hold the office.

Heston demands in his complaint that the court find Skaggs is not a bona fide candidate for the office; that he is constitutionally ineligible to be a candidate for coroner; the court issue an order disqualifying Skaggs as a candidate and enjoining the Secretary of State, the Kentucky Board of Elections and Lawrence County clerk to strike his name from the ballot and documents reflecting candidates in the 2022 election; issue an order enjoining the state Board of Elections, Lawrence County Board of Elections, Lawrence County clerk, and any other relevant program administrators to remove Skaggs’ name from any existing ballot templates and literature regarding the 2022 candidates for Lawrence County coroner; the court enter a binding declaration of rights finding that Skaggs is not an eligible candidate for cororner; and any and all other relief to which Heston is entitled.