Kentucky Statutes 120.155 – Contest of regular election of officers other than Governor, Lieutenant Governor, General Assembly member and certain city officers
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(1) 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.
(2) (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.
(3) (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.
(4) 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.
(5) 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.
(2) (a) The petition shall be filed and process issued within thirty (30) days after the day of election.
Terms Used In Kentucky Statutes 120.155
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- City: includes town. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Summons: Another word for subpoena used by the criminal justice system.
(b) The petition shall state the grounds of the contest relied on, and no other grounds shall afterwards be relied upon.
(3) (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.
(4) 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.
(5) 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.