242.070 Committee favoring or opposing local option proposition to certify

490 words·~2 min read·/ky/242-070

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

challengers -- Challengers entitled to same privileges and subject to same

duties and penalties as challengers in other elections -- Enforceability in

Circuit Court and Court of Appeals.

(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.

(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

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.