2014 Kentucky Revised Statutes
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117.315 Appointment of challengers and inspectors.
Each political party is entitled to have not exceeding two (2) challengers at
each precinct during the holding of the primary election. Any group of bona fide
candidates, as defined in KRS 118.176, of the same political party equal to
twenty-five percent (25%) of all the candidates for that party to be voted for in a
county in any primary, including state, district, and all other candidates, may
recommend to the county committee or governing authority of the party for the
county a list of persons whom they desire to have appointed as challengers in
each precinct in the county. If more than two (2) such lists are furnished, the
committee or governing authority, in making appointments of challengers, shall
alternate between the several lists so furnished so as to give to each list an
equal amount or proportion of the appointments, but in no event shall there be
appointed more than one (1) challenger for any precinct from any one (1) list.
The list of challengers shall be presented to the chair or secretary of the party
committee of the county on or before the third Friday in April preceding the
primary, and the committee or the chairman thereof shall make the
appointments, certify to same, and present a list of certified challengers to the
county clerk at least twenty (20) days before the date on which the primary is
held. The appointment of challengers shall be certified in all respects as
challengers at regular elections, except as otherwise provided in this section.
The challengers shall be registered voters of the county in which the primary is
held and shall be subject to the same penalties and possess the same rights
and privileges as challengers at regular elections, except that the challengers
of one political party shall not be entitled to challenge persons who offer to vote
for candidates of any other party in the primary. The provisions of this section
shall be enforceable against the chair of the political party committees by a
mandatory summary proceeding instituted in the Circuit Court. The order of the
court may be reviewed by the Court of Appeals as provided for the granting or
dissolving of temporary injunctions.
Any school board candidate, any independent ticket or candidate for city office,
any nonpartisan city candidate, or candidate for an office of the Court of Justice
at the primary or regular election may designate not more than one (1)
challenger to be present at and witness the holding of primaries or elections in
each precinct in the county. A candidate who designates a challenger shall
present the county clerk with the name of the challenger at least twenty (20)
days preceding the primary or regular election. The challenger shall be entitled
to stay in the room or at the door. The challenger shall be a registered voter of
the county in which the primary or election is held, shall be appointed in writing
by the chair of the committee, independent candidate, or candidates
representing a ticket, and shall produce written appointment on demand of any
The county executive committee of any political party having a ticket to elect at
any regular or special election may designate not more than two (2)
challengers to be present at and witness the holding of the election in each
precinct in the county. The challengers shall be entitled to stay in the room or
at the door. The challengers shall be registered voters of the county in which
the election is held, shall be appointed in writing signed by the chair of the
committee, and shall produce written appointments on demand of any election
officer. The committee or chair shall present the county clerk with a list of
designated challengers at least twenty (20) days preceding a regular election
and at least fifteen (15) days preceding a special election.
Except as provided in KRS Chapter 242, not later than the fourth Tuesday
preceding an election at which constitutional amendments or other public
questions are to be submitted to the vote of the people, any committee that in
good faith advocates or opposes an amendment or public question may file a
petition with the clerk of the county asking that the petitioners be recognized as
the committee entitled to nominate challengers to serve at the election at which
the constitutional amendment or public question is to be voted on. If more than
one (1) committee alleging itself to advocate or oppose the same amendment
file such a petition, the county board of elections shall decide, and announce
by certified mail, return receipt requested, to each committee not less than the
third Tuesday preceding the election, which committee is entitled to nominate
the challengers. The decision shall not be final, but any aggrieved party may
institute proceedings with the county judge/executive and, upon hearing, the
county judge/executive shall determine which of the committees shall be
recognized as the one to select challengers at the election.
The committee shall file the names of the persons nominated by it with the
clerk of the county at least twenty (20) days before the primary and regular
elections and not less that fifteen (15) days preceding the date of a special
election. The county board of elections shall, not later than the Thursday
preceding the election, certify the nominees of the committee for the respective
precincts to serve as challengers at the election where any constitutional
amendment or public question is to be voted upon. If more than one (1)
amendment or question is to be voted upon, the county board of elections may
designate, on the petition of the committee, one (1) person for each
amendment and question to serve as challenger at the election.
The challengers shall perform their duties in the same manner and be subject
to the same privileges as other challengers at an election.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 176, sec. 10, effective July 15, 2010. -Amended 2008 Ky. Acts ch. 79, sec. 6, effective July 15, 2008. -- Amended
1996 Ky. Acts ch. 195, sec. 8, effective July 15, 1996. -- Amended 1992 Ky.
Acts ch. 288, sec. 49, effective July 14, 1992; and ch. 296, sec. 6, effective July
14, 1992. -- Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 302,
effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 470, sec. 17, effective
July 15, 1986. -- Amended 1980 Ky. Acts ch. 114, sec. 13, effective July 15,
1980. -- Amended 1978 Ky. Acts ch. 384, sec. 251, effective June 17, 1978. -Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 20, sec. 6, effective January 2,
1978. -- Amended 1976 Ky. Acts ch. 54, sec. 22, effective March 10, 1976. -Created 1974 Ky. Acts ch. 130, sec. 45, effective June 21, 1974.
Formerly codified as KRS 125.210.
Legislative Research Commission Note (7/14/92). This section was amended by
two 1992 Acts. Where those Acts are not in conflict, they have been compiled
together. Where a conflict exists, the Act which was last enacted by the General
Assembly prevails, pursuant to KRS 446.250.
CHAPTER 117 - REGULATION OF ELECTIONS
117.315 Appointment of challengers and inspectors.
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