Kentucky Statutes 120.165 – Procedure in contest of regular election — Trial — Judgment
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(1) A contest instituted under KRS § 120.155 shall proceed as equity actions. Upon return of the summons properly executed to the office of the circuit clerk, he or she shall immediately docket the case and notify the presiding judge of the court that the contest has been filed. The judge shall proceed to a trial of the cause without delay. In courts having more than one (1) judge, the judge who shall try the case shall be determined by lot. The court shall complete the case as soon as practicable. The action shall have precedence over all other cases.
(2) The evidence in chief for the contestant shall be completed within thirty (30) days after service of summons; the evidence for the contestee shall be completed within twenty-five (25) days after filing of answer, and evidence for contestant in rebuttal shall be completed within seven (7) days after the contestee has concluded; provided that for cause the court may grant a reasonable extension of time to either party.
(3) All voting machines, voting equipment, or voting systems, ballots, stub books, and other papers concerning which there is any ground for contest may be removed to the court in which the action is pending.
(4) If it appears from an inspection of the whole record that there has been such fraud, intimidation, bribery, or violence in the conduct of the election that neither contestant nor contestee can be judged to have been fairly elected, the Circuit Court, or an appellate court, on appeal, may adjudge that there has been no election. In that event the office shall be deemed vacant, with the same legal effect as if the person elected had refused to qualify. If one (1) of the parties is adjudged by the court to be elected to the office, he or she shall, on production of a copy of the final judgment, be permitted to qualify or be commissioned.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 197, sec. 68, effective June 29, 2021. — Amended
1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 136, effective January 2, 1978. — Created 1974 Ky. Acts ch. 130, sec. 164.
(2) The evidence in chief for the contestant shall be completed within thirty (30) days after service of summons; the evidence for the contestee shall be completed within twenty-five (25) days after filing of answer, and evidence for contestant in rebuttal shall be completed within seven (7) days after the contestee has concluded; provided that for cause the court may grant a reasonable extension of time to either party.
Terms Used In Kentucky Statutes 120.165
- 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.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Docket: A log containing brief entries of court proceedings.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Summons: Another word for subpoena used by the criminal justice system.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Voting equipment: means any physical component of a voting system and includes voting machines where voting machines are in operation. See Kentucky Statutes 120.005
(3) All voting machines, voting equipment, or voting systems, ballots, stub books, and other papers concerning which there is any ground for contest may be removed to the court in which the action is pending.
(4) If it appears from an inspection of the whole record that there has been such fraud, intimidation, bribery, or violence in the conduct of the election that neither contestant nor contestee can be judged to have been fairly elected, the Circuit Court, or an appellate court, on appeal, may adjudge that there has been no election. In that event the office shall be deemed vacant, with the same legal effect as if the person elected had refused to qualify. If one (1) of the parties is adjudged by the court to be elected to the office, he or she shall, on production of a copy of the final judgment, be permitted to qualify or be commissioned.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 197, sec. 68, effective June 29, 2021. — Amended
1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 136, effective January 2, 1978. — Created 1974 Ky. Acts ch. 130, sec. 164.