Kentucky Statutes 242.070 – Committee favoring or opposing local option proposition to certify challengers — Challengers entitled to same privileges and subject to same duties and penalties as challengers in other elections — Enforceability in Circ…
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(1) Not more than twenty (20) days prior to an election held under this chapter, any group of citizens that in good faith favors or opposes the proposition to be submitted may file with the chair of the county board of elections a petition asking that it be recognized as the committee entitled to certify challengers. If more than one (1) group claims the right to certify challengers, the county board of elections shall promptly decide and publicly announce which committee is entitled to certify challengers. That decision shall not be final, but any aggrieved party may appeal to the county judge/executive, and upon hearing the county judge/executive shall determine which group shall be recognized.
(2) (a) Each committee is entitled to have up to two (2) challengers at each precinct during the holding of the election. Any group of citizens of the county may recommend to a committee 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, 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. The committee shall not appoint more than one (1) challenger for any precinct from any one (1) list when multiple lists have been submitted. Any lists of challengers shall be presented to the committee within twenty (20) days after the local option petition is filed with the county clerk, and the committee or its chair shall make and certify the appointments and present a list of certified challengers to the county clerk at least twenty (20) days before the date on which the local option election will be held.
(b) 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 election 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 (1) committee may not challenge a person because the person offered to vote in a way favorable to the other committee.
(c) The provisions of this section shall be enforceable against the chair of each committee 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.
(3) The challengers shall perform their duties in the same manner and be subject to the same privileges as other challengers at an election including those provided in KRS
117.187 and 117.316 to 117.318.
Effective: June 25, 2013
History: Repealed and reenacted 2013 Ky. Acts ch. 121, sec. 8, effective June 25,
2013. — Amended 1990 Ky. Acts ch. 48, sec. 88, effective July 13, 1990. — Amended
1982 Ky. Acts ch. 360, sec. 63, effective July 15, 1982. — Amended 1978, Ky. Acts ch. 384, sec. 377, effective June 17, 1978. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 219, effective January 2, 1978. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-9.
(2) (a) Each committee is entitled to have up to two (2) challengers at each precinct during the holding of the election. Any group of citizens of the county may recommend to a committee 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, 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. The committee shall not appoint more than one (1) challenger for any precinct from any one (1) list when multiple lists have been submitted. Any lists of challengers shall be presented to the committee within twenty (20) days after the local option petition is filed with the county clerk, and the committee or its chair shall make and certify the appointments and present a list of certified challengers to the county clerk at least twenty (20) days before the date on which the local option election will be held.
Terms Used In Kentucky Statutes 242.070
- 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.
(b) 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 election 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 (1) committee may not challenge a person because the person offered to vote in a way favorable to the other committee.
(c) The provisions of this section shall be enforceable against the chair of each committee 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.
(3) The challengers shall perform their duties in the same manner and be subject to the same privileges as other challengers at an election including those provided in KRS
117.187 and 117.316 to 117.318.
Effective: June 25, 2013
History: Repealed and reenacted 2013 Ky. Acts ch. 121, sec. 8, effective June 25,
2013. — Amended 1990 Ky. Acts ch. 48, sec. 88, effective July 13, 1990. — Amended
1982 Ky. Acts ch. 360, sec. 63, effective July 15, 1982. — Amended 1978, Ky. Acts ch. 384, sec. 377, effective June 17, 1978. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 219, effective January 2, 1978. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-9.