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120.250 Contest or recount of election on public question.
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Any elector who was qualified to and did vote on any public question, other
than a constitutional amendment or a question of local option under KRS
Chapter 242, submitted to the voters of any county, city or district for their
approval or rejection may contest the election or demand a recount of the
ballots by filing a petition, within thirty (30) days after the election, with the clerk
of the Circuit Court of the county in which the election was held, which court
shall have exclusive jurisdiction to hear and determine all matters in such
cases. The petition shall be against the county, city or district in which the
election was held, and shall set forth the grounds of contest or reason for
requesting a recount. The grounds of contest may be the casting of illegal
votes, the exclusion of legal votes, the unfair or illegal conduct of the election,
tampering with the returns, the alteration of the certificates of the results,
bribery, fraud, intimidation or corrupt practices, or any conduct or practice
tending to frustrate, obstruct or interfere with the free expression of the will of
the voters. A copy of the petition shall be posted at the courthouse door and at
one or more public places in the county, city or district in which the election was
held. Summons shall be served on the defendant as in equity actions.
Upon the petition being filed, the circuit clerk shall forthwith order the county
board of election commissioners and the county clerk of the county involved in
the contest to preserve and hold the ballots cast at the election on the question
subject to the order of the Circuit Court. The court shall, within five (5) days
after the petition is filed, determine whether there are sufficient grounds stated
to justify the contest, and shall thereupon require the contestants to give bond
for costs, and fix a time for the defendant to answer, not exceeding twenty (20)
days.
If the county, city or district affected fails to defend the action, any elector may
become a defendant by filing an answer or other proper pleading within thirty
(30) days after the filing of the petition, and by giving security for the costs in an
amount to be fixed by the court. Any elector may join and assist the defendant
in resisting the action by filing an application to do so and by giving security for
such proportion of the costs as may be adjudged against him.
Effective:January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 139, effective
January 2, 1978. -- Created 1974 Ky. Acts ch. 130, sec. 170.
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