120.195 Contest of election by slate of candidates for Governor and Lieutenant
739 words·~3 min read·
/ky/120-195A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Governor or by candidate for General Assembly.
(1)Any slate of candidates for Governor and Lieutenant Governor may contest any
regular election or special election to the General Assembly by filing a written
application and notice of the contest with the clerk of the Senate and with the clerk
of the House of Representatives of the General Assembly. The application and
notice of contest shall be signed by the parties contesting the election, and:
(a)If contesting a regular election, the application and notice of contest shall:
1. Be filed not later than thirty
(30)days after the final action of the State
Board of Elections; or
2. Be filed not later than thirty
(30)days following entry of the findings of
the Franklin Circuit Court as provided in KRS 120.185(2) if a recount
was conducted; and
(b)If contesting a special election, the application and notice of contest shall be
filed not later than seven
(7)days after the final action of the State Board of
Elections.
(2)Any candidate for the General Assembly may contest any regular election or special
election to the General Assembly by filing a written application and notice of the
contest with the clerk of the house to which the candidate seeks election. The
application and notice of contest shall be signed by the party contesting the election,
and:
(a)If contesting a regular election, the application and notice of contest shall:
1. Be filed not later than fifteen
(15)days after the final action of the State
Board of Elections; or
2. Be filed not later than fifteen
(15)days following entry of the findings
entered by the Circuit Court as provided in KRS 120.185(3) if a recount
was conducted; and
(b)If contesting a special election, the application and notice of contest shall be
filed not later than three
(3)days following the final action of the State Board
of Elections.
(3)The application and notice required under subsections
(1)and
(2)of this section
shall state the grounds of the contest, and no grounds other than those stated in the
application and notice shall be heard as coming from that party following the filing
of the application and notice. The candidate filing the application and notice may
include a request for a recount which may be ordered by the board selected to try the
contest under KRS 120.205 or 120.215.
(4)No election contest shall be heard unless the contestee to the proceeding has been
served with a copy of the application and notice of contest. The contestee may make
defense without giving counternotice.
(5)No certificate of election shall be issued by the State Board of Elections while any
election contest is pending, and any certificate issued before, during, or after final
resolution by the board of any election contest filed under this section shall be null
and void.
(6)Immediately after the filing of the application and notice of contest, either party may
proceed to take proof by depositions, under the same rules and regulations that
govern the taking of depositions in actions in equity, except that no commission
shall be required for taking a deposition out of the state. The depositions shall be
sealed by the officer taking them, and directed to the clerk of the Senate or clerk of
the House, as the case may require. The depositions properly taken shall be read as
evidence before the board or house of the General Assembly having jurisdiction of
the case, and the board or house may call for and hear other proof as either shall
determine. The taking of depositions to be used before the board or house of the
General Assembly shall close ten
(10)days before the next meeting of the General
Assembly, or, if the General Assembly is in session when the application and notice
is filed, when the board or house orders the taking of proof by deposition to close.
(7)The costs of the proceeding shall be adjudged against the unsuccessful party, and a
certificate of costs shall be given by the clerk of the Senate or the clerk of the House
to the parties to the contest or their attorneys, as the case requires, and shall be paid
to the prevailing party within thirty
(30)days of adjudication. If the costs are not
timely paid, the prevailing party may seek entry of a judgment in a Circuit Court of
competent jurisdiction.