"This appeal challenges the judgment of the Adair Circuit Court that appellee Gail Williams was a bona fide candidate in the November, 2012 election for the office of Commonwealth's Attorney for the 29th Judicial Circuit. As he did in the circuit court, appellant Ronney Hatter alleges that Williams could not meet the constitutional residency requirements after the sale of his residence in Adair County with the intent to relocate in Boyd County. The circuit court concluded, however, that the mere sale of Williams' residence in Adair County, without the actual establishment of an actual residence in a different county, did not result in the forfeiture of Williams' Adair County residency, nor did it disqualify him from becoming a bona fide candidate for the Office of Commonwealth Attorney. We agree and affirm.

"The facts of the care are not complex and are largely undisputed. In May, 2012, Williams and his wife entered into a contract for the sale of their Adair County home and actually vacated the residence on July 27, 2012. In the course of the proceedings below, Willliams acknowledged that he and his wife purchased two parcels of land in Boyd County, KY, but maintained that they purchased the property from their daughter and her husband in order to help her with financing and the construction of a new home on the property. Although they signed a New Home Consultation document identical to one previously signed by their daughter and son-in-law, neither Williams nor his wife ever paid any funds related to the construction of the home, nor had Williams even seen the building lots prior to signing the document identical to the one signed by his daughter.

"Williams does not dispute that he and his wife rented a small apartment in Boyd County and placed some of the furniture that had been in their sold residence in storage there. He maintained, however, that they intended to utilize the apartment while visiting family in Boyd County and that other furniture had been placed in storage in Adair County. The trial court specifically noted that he nothing found in the record that would support a finding that Williams ever actually resided in the Boyle County Apartment.

"Williams also acknowledged that at the time he learned he had received his party's nomination for the office of Commonwealth Attorney, he and his wife were vacationing at a condo they owned in Florida. The Williamses thereafter cut their vacation short, returned to Adair County, and made arrangements to rent a small apartment in Columbia. Although Williams listed that apartment as his on his filing papers, they moved from that address after approximately two days and subsequently rented a small house with a contract to purchase.

"Based upon these facts, appellant hatter alleged that Williams was not an 'actual resident' of Adair County for "one year next preceding his election in the county and district that he was a candidate." Williams responded that Adair County has remained his "actual residentce" for at least the past twelve years and that he at no time established an actual residence outside of Adair County.

"On the basis of the evidence presented, the trial court concluded that Hatter had failed to meet his burden of showing that Williams had either factually or legally surrendered residency in Adair County and thus Williams must be construed to be a bona fide candidate for the office of Commonwealth Attorney. We agree and affirm.