Kelly Horwitz v. Cason Kirby

Summary

The court reversed the denial of Horwitz’s election contest after independently reviewing affidavit and documentary evidence and determining that 159 ballots were illegal. It held that most challenged college students had not established a new domicile in the district at least 30 days before the election, and that additional voters failed the residency or eligibility requirements. The court rejected Horwitz’s misconduct claim because she presented no admissible evidence connecting the challenged voters to alleged inducements. Justice Wise, joined by Justice Stuart, dissented, arguing that the majority imposed an unwarranted requirement that students have definite postgraduation plans before establishing domicile where they attend school.