2013 Kentucky Revised Statutes CHAPTER 120 - ELECTION CONTESTS 120.155 Contest of regular election of officers other than Governor, Lieutenant Governor, General Assembly member and certain city officers.
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120.155 Contest of regular election of officers other than Governor,
Lieutenant Governor, General Assembly member and certain city officers.
Any candidate for election to any state, county, district or city office (except the office
of Governor, Lieutenant Governor, member of the General Assembly, and those city
offices as to which there are other provisions made by law for determining contest
elections), for whom a number of votes was cast equal to not less than twenty-five
percent (25%) of the number of votes cast for the successful candidate for the office,
may contest the election of the successful candidate, by filing a petition in the Circuit
Court of the county where the contestee resides, unless the officer is one (1) elected
by the voters of the whole state, in which case the petition shall be filed in the
Franklin Circuit Court. The petition shall be filed and process issued within thirty (30)
days after the day of election; it shall state the grounds of the contest relied on, and
no other grounds shall afterwards be relied upon. The contestee shall file an answer
within twenty (20) days after the service of summons upon him. The answer may
consist of a denial of the averments of the petition and may also set up grounds of
contest against the contestant; if grounds are so set up they shall be specifically
pointed out and none other shall thereafter be relied upon by the party. Any
candidate who would have been qualified to bring a contest action under this
section, who is a party to a recount proceeding under KRS 120.185, may, by filing
answer in the recount proceeding within the time allowed by this section for filing
grounds of contest, set forth grounds of contest against the petitioner in the recount
proceeding. A reply may be filed within ten (10) days after the answer is filed; its
affirmative allegations shall be treated as controverted, and no subsequent pleading
shall be allowed.
History: Created 1974 Ky. Acts ch. 130, sec. 163.
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