On June 22, 2020, 1 filed a ballot challenge
against U.S. Representative Andy Barr pursuant to
KRS (Kentucky Revised Statutes) 118.176. It was
never decided on the merits.

1. May any trial court in Kentucky dismiss a
civil action for failure to state a claim without ever
having construed the initiating pleading in the light
most favorable to the plaintiff or movant?

2. If a circuit court dismisses a ballot challenge
filed pursuant to KRS 118.176 for the sole reason
that the definition of "a bona fide candidate " is not
what the Legislature said it is in Section (1) of the
statute, may the Kentucky Court of Appeals dismiss
the Movant's motion to set aside and the Movant's
regular appeal without ever reaching the merits?

Whether a trial court in Kentucky may dismiss a civil action for failure to state a claim without construing the pleading in the light most favorable to the plaintiff