120.155 Contest of regular election of officers other than Governor, Lieutenant

329 words·~1 min read·/ky/120-155

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Governor, General Assembly member and certain city officers.

(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.

(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.

(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.