2022 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.
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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.
(a) The petition shall be filed and process issued within thirty (30) days after the
day of election.
(b) The petition shall state the grounds of the contest relied on, and no other
grounds shall afterwards be relied upon.
(a) The contestee shall file an answer within twenty (20) days after the service of
summons upon him or her.
(b) 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 requested recount proceeding under KRS 120.185(1),
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.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 197, sec. 85, effective June 29, 2021. -- Created
1974 Ky. Acts ch. 130, sec. 163.
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