2013 Kentucky Revised Statutes CHAPTER 120 - ELECTION CONTESTS 120.280 Contest on constitutional convention or amendment, or statewide public question.
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120.280 Contest on constitutional convention or amendment, or statewide
public question.
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Any elector who was qualified to and did vote on any constitutional convention,
constitutional amendment, or statewide public question submitted to the voters
of the state for their ratification or rejection may contest the election or demand
a recount of the ballots by filing a petition, not more than fifteen (15) days after
the official canvass and the announcement of the vote for the state by the State
Board of Elections, with the clerk of the Franklin Circuit Court, which court shall
have exclusive jurisdiction to hear and determine all matters in such cases. The
petition shall set forth the grounds of the contest. The contestant may file with
the clerk of the Franklin Circuit Court and the Secretary of State a notice of his
intention to contest the election before the announcement of the official count
by the State Board of Elections and thereupon the Secretary of State shall
forthwith notify all the county boards of elections in the counties involved in the
contest to hold the ballots cast at the election on the question subject to the
order of the Franklin Circuit Court. The notice shall be served by the Secretary
of State by mailing a true and certified copy of the notice of contest, and the
order to hold the ballots subject to the order of the court, by certified mail,
return receipt requested, to the sheriffs of the counties in question, and the
sheriffs shall forthwith acknowledge receipt thereof.
The court shall, within five (5) days after the filing of the petition of contest,
determine whether there are sufficient grounds stated to justify the contest, and
shall thereupon require the contestants to give bonds for costs. All of the
hearings relating to the contest shall be held in the courthouse of Franklin
County.
The clerk of the Franklin Circuit Court shall cause a notice of the contest to be
published pursuant to KRS Chapter 424, setting out the substance or the
grounds of contest alleged by the contestants.
Any elector who participated in the election on the convention, amendment, or
statewide public question may make himself a party as contestee in the action
by filing his petition to be made a party not later than five (5) days after the
contest is instituted, and by giving bond of the costs as required of the
contestant. If no elector makes himself a party to the contest, the
Commonwealth's attorney for the Franklin Circuit Court shall attend the trial of
the cause, and he may file motions and pleadings in the cause on behalf of the
Commonwealth to insure a fair and honest determination of the contest.
All laws relating to contested elections for state offices shall apply with equal
force to contests of the character contemplated by this section, except as
otherwise provided in this section and in KRS 120.290.
Effective:July 14, 1992
History: Amended 1992 Ky. Acts ch. 288, sec. 56, effective July 14, 1992. -Amended 1980 Ky. Acts ch. 114, sec. 16, effective July 15, 1980. -- Amended
1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 141, effective January 2, 1978. -Created 1974 Ky. Acts ch. 130, sec. 173.
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