118.176 Challenging bona fides of candidate.
484 words·~2 min read·
/ky/chapter-118/118-176A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A "bona fide" candidate means one who is seeking nomination in a primary or
election in a special or regular election according to law.
(2)The bona fides of any candidate seeking nomination as the nominee of a political
party or a nonpartisan or judicial nominee in a primary or election to an office as a
member of a political organization, political group, or as an independent in a special
or regular election may be questioned by any qualified voter entitled to vote for the
candidate or by an opposing candidate by summary proceedings consisting of a
motion before the Circuit Court of the judicial circuit in which the candidate whose
bona fides is questioned resides. An action regarding the bona fides of the nominee
of a political party or a nonpartisan or judicial nominee may be commenced at any
time prior to the primary. An action regarding the bona fides for election to an
office as a member of a political organization, political group, or as an independent
may be commenced at any time prior to a special or regular election. The motion
shall be tried summarily and without delay. Proof may be heard orally, and upon
motion of either party shall be officially reported. If the Circuit Judge of the circuit
in which the proceeding is filed is disqualified or absent from the county or is
herself or himself a candidate, the proceeding may be presented to, heard and
determined by the Circuit Judge of any adjoining judicial circuit.
(3)In any action or proceeding under this section the burden of proof as to the bona
fides of a candidate shall be on the person challenging the bona fides of a candidate.
(4)If the court finds the candidate is not a bona fide candidate it shall so order, and
certify the fact to the board of elections, and the candidate's name shall be stricken
from the written designation of election officers filed with the board of elections or
the court may refuse recognition or relief in a mandatory or injunctive way. The
order of the Circuit Court shall be entered on the order book of the court and shall
be subject to a motion to set aside in the Court of Appeals. The motion shall be
heard by the Court of Appeals or a judge thereof in the manner provided for
dissolving or granting injunctions, except that the motion shall be made before the
court or judge within five
(5)days after the entry of the order in the Circuit Court,
and may be heard and tried upon the original papers, and the order of the Court of
Appeals or judge thereof shall be final.
(5)No person shall approach the Circuit Judge for the purpose or view of influencing
his or her decision on the motion pending before the Circuit Judge or to be tried by
him or her.