120.270 Judgment in contest or recount of election on public question -- Costs --

166 words·~1 min read·/ky/120-270

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

Appeal.

(1)If it appears in a proceeding instituted under KRS 120.250 that the result as certified

is not correct, the correct result shall be ascertained and declared by the court and

certified to the county board of election commissioners, and the judgment shall

supersede the official returns. If it appears to the satisfaction of the court that the

election, or the returns thereof, were materially affected by fraud, duress, bribery,

intimidation or corrupt practices, the entire election and the returns thereof shall be

declared void and ineffective for any purpose. Costs shall follow the judgment as in

equity cases.

(2)An appeal to the Court of Appeals may be prosecuted by the unsuccessful party in

the same manner as in other contested election cases. No appeal shall lie from the

recount of the ballots, but any questioned ballots may be made a part of the record

and the ruling thereon by the Circuit Court may be reviewed, revised or reversed by

the Court of Appeals.