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Adams Stepner Attorneys Jeff Mando and Louis Kelly Secure Election Law Victory

Attorneys Louis Kelly and Jeff Mando, both Partners in Adams, Stepner, Woltermann & Dusing, PLLC’s Government Practice and Business Litigation groups, received a 3-0 ruling from the Kentucky Court of Appeals on an election case. In Stoecklin v. Fennell, No. 2016-CA-001780-ME, the plaintiff claimed that the defendant, who had won re-election to a city council, was not a valid candidate because of technical deficiencies in the candidate’s nominating petition. Specifically, the plaintiff noted that the names on the candidate’s nominating petition were secured prior to the first Wednesday after the first Monday in November of the year preceding the election, as required in KRS 118.315 and 83A.045. The Court chose practicality when they determined that the term “shall” in the statute was actually directory and not mandatory and therefore could be satisfied through substantial compliance.  Their decision emphasized substance over technical form when defining the terms of the statute.  To view the entire published opinion from the Kentucky Court of Appeals, please click here

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