ELECTION CONTESTS

KRS tit. X, ch. 120

in effect

KRS 120.005 Definitions

120.005. Definitions As used in this chapter: (1) A "ballot" or "official ballot" means the official presentation of offices and candidates to be voted for, including write-in candidates, and all public questions submitted for determination and shall include a voting machine ballot, a paper ballot, an absentee ballot, a special ballot, a federal provisional ballot, a federal provisional absentee ballot, or a supplemental paper ballot which has been authorized for the use of the voters in any primary or regular or special election by the Secretary of State or the county clerk; (2) "Ballot box" means any box, bag, or other container that can be locked, sealed, or otherwise rendered tamper-resistant, for receiving ballots; (3) "Voting equipment" means any physical component of a voting system and includes voting machines where voting machines are in operation; (4) "Voting machine" or "machine" means a part of a voting system that is either: (a) A direct recording electronic voting machine that: 1. Records votes by means of a ballot display provided with mechanical or electro-operated components that may be actuated by the voter; 2. Processes the data by means of a computer program; 3. Records voting data and ballot images in internal and external memory components; and 4. Produces a tabulation of the voting data stored in a removable memory component and on a printed copy; or (b) One (1) or more electronic devices that operate independently or as a combination of a ballot-marking device and an electronic or automatic vote tabulating device; and (5) "Voting system" means: (a) The total combination of physical, mechanical, electromechanical, or electronic equipment, including the software, hardware, firmware, and documentation required to program, control, and support that equipment, that is used to: 1. Define ballots; 2. Cast and count votes; 3. Report or display election results; and 4. Maintain and produce any audit trail information; and (b) The practices and associated documentation used to: 1. Identify system components and versions of those components; 2. Test the system during its development and maintenance; 3. Maintain record records of system errors and defects; 4. Determine specific system changes to be made to a system after the initial qualification of the system; and 5. Make available any materials to the voter, such as notices, instructions, forms, or paper ballots. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 197, sec. 65, effective June 29, 2021. -- Amended 2020 Ky. Acts ch. 89, sec. 31, effective July 15, 2020. -- Created 1982 Ky. Acts ch. 360, sec. 12, effective July 15, 1982.

KRS 120.015 Corrupt practices as grounds for contest -- Effect if successful candidate found guilty

120.015. Corrupt practices as grounds for contest -- Effect if successful candidate found guilty In any contest over the nomination or election of any state, county, city or district officer, it may be alleged in the pleadings of the contestant that the provisions of KRS 121.025, 121.045, 121.055 or 121.310, have been violated by the contestee or by others in his behalf with his knowledge, and it may likewise be alleged in the pleadings of the contestee that such provisions have been violated by the contestant or by others in his behalf with his knowledge. If it appears upon the trial of the contest that such provisions have been violated by the contestant or by others in his behalf with his knowledge, the contest action shall be dismissed and the contestant shall have no further right to maintain the same. If no such violation by the contestant, or by others in his behalf with his knowledge, appears, and it appears that such provisions have been violated by the contestee or by others in his behalf with his knowledge, the nomination or election of the contestee shall be declared void. In the case of primary elections, if any candidate who is a party to the contest proceedings has not violated the provisions of KRS 121.025, 121.045, 121.055 or 121.310, and all candidates who received more votes than he did are also parties and are found to have violated those provisions, such candidate shall be declared nominated. History: Created 1974 Ky. Acts ch. 130, sec. 157.

KRS 120.017 Administrative or clerical errors as grounds for contest -- Action brought in Circuit Court -- Recount -- Appeal -- Determination regarding automatic recount

120.017. Administrative or clerical errors as grounds for contest -- Action brought in Circuit Court -- Recount -- Appeal -- Determination regarding automatic recount (1) It shall be the duty of precinct election officers at all primaries, regular elections, or special elections to immediately report to the county clerk any administrative or clerical error discovered in the process of conducting the polling or tabulation of votes at any such primary or election. (2) Upon receipt by the county clerk of notice of error in conducting the polling or tabulation of votes pursuant to subsection (1) of this section, the county clerk shall file an action in the Circuit Court within fifteen (15) days of the primary or election, requesting a recount of ballots for the precinct reporting the administrative or clerical error. Simultaneously with the filing of such action, the county clerk shall make written notice by regular mail to all candidates appearing on the ballot of the precinct at issue that such action is being filed. In the case of an election for candidates for offices for the state at large or an election on a statewide public question, the action shall be filed in the Franklin Circuit Court; in the case of other elections, the action shall be filed in the Circuit Court of the county in which the precinct reporting the error is located. (3) An action filed in the Circuit Court of competent jurisdiction pursuant to this section shall be heard summarily and without delay. Upon filing of the action, the circuit clerk shall immediately notify the Circuit Judge, and the judge shall at once enter an order directing custody of the voting machine, voting equipment, or voting system, the ballots, ballot boxes, and all papers pertaining to the primary or election from that precinct claiming error, to be transferred to the Circuit Court, and fix a day for the recount proceeding to begin. (4) Candidates notified pursuant to subsection (3) of this section shall, upon proper motion, be made parties to the action. (5) On the day fixed for the recount, the court shall proceed to recount the ballots if their integrity is satisfactorily shown and shall complete the recount as soon as practicable, and shall file and enter of record the results thereof. (6) Any person made party to the action pursuant to subsection (4) of this section may appeal from the judgment to the Court of Appeals, in the same manner as provided in KRS 120.075. (7) The county clerk shall certify the final recount results entered of record in any action filed pursuant to this section to the county board of elections and to the local governing body of each of two (2) dominant political parties. Final certification of election results shall then proceed according to KRS Chapters 117, 118, and 118A. (8) The court may determine if an automatic recount conducted under KRS 120.157 satisfies the recount required under this section. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 197, sec. 66, effective June 29, 2021. -- Created 1982 Ky. Acts ch. 295, sec. 1, effective July 15, 1982.

KRS 120.055 Procedure for contest of primary

120.055. Procedure for contest of primary Any candidate for nomination to office at a primary held under the provisions of KRS 118.015 to 118.035 and 118.105 to 118.255, or any candidate for nomination to a city office at a primary for which the statutes do not otherwise provide for determining contest elections, for whom a number of votes was cast equal to not less than fifty percent (50%) of the votes cast for the successful candidate for nomination to the office, may contest the right of the successful candidate, and of any other candidate for nomination to the office, to the nomination, by filing a petition in the Circuit Court within ten (10) days from the day of the primary, stating the specific grounds relied upon for the contest, and causing a summons to be issued, returnable in seven (7) days. In the case of candidates for offices for the state at large, the petition shall be filed in the Franklin Circuit Court; in the case of other candidates it shall be filed in the Circuit Court of the county in which the contestee resides. The summons may be personally served on the contestee in any county, or it may be served by leaving a copy at his or her home with a member of his or her family over sixteen (16) years of age, or by posting a copy on the door of his or her residence. The contestee shall file his or her answer within seven (7) days after service of summons. The answer may contain grounds of contest in favor of the contestee and against the contestant, but the grounds shall be specifically set out. Any candidate who would have been qualified to bring a contest action under this section, who is a party to a recount proceeding brought under KRS 120.095, may, by filing an 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. No ground of contest by either party shall be filed or made more definite by amendment after the expiration of the time allowed by this section for filing the original pleading. The contestant may file a reply within five (5) days after answer is filed, which shall complete the pleading, and any affirmative matter in the reply shall be treated as controverted. Upon return of the summons, properly executed, to the office of the circuit clerk of the county in which the action is pending, the clerk shall immediately docket the cause and notify the presiding judge of the court that the contest has been instituted, and the judge shall proceed to a trial of the cause within five (5) days after the issue was joined. In judicial circuits having more than one (1) Circuit Judge, the judge who shall hear the cause shall be determined by lot. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 88, sec. 8, effective July 15, 2020. -- Amended 1992 Ky. Acts ch. 288, sec. 42, effective July 14, 1992. -- Amended 1976 Ky. Acts ch. 62, sec. 87; and ch. 199, sec. 3. -- Created 1974 Ky. Acts ch. 130, sec. 158.

KRS 120.065 Evidence in primary contest -- Trial -- Judgment

120.065. Evidence in primary contest -- Trial -- Judgment Each party to a contest instituted under KRS 120.055 shall be entitled, in the production of evidence to be used on the trial thereof, to all the remedies allowed in cases at law and in equity. In trying the contest the court shall hear and determine all questions of law and fact without the intervention of a jury, and may examine the witnesses orally or require or permit the parties to take the evidence by depositions. If the evidence is taken orally either party may require it to be taken by the official reporter for the court, to be taken and transcribed and paid for as evidence in other civil actions. The court may require the contestant, or the person who has the burden of proof under the issue joined, to complete his proof in not less than fifteen (15) days after service of summons, and the contestee, or the person not having the burden, to complete his proof in not less than ten (10) days after filing an answer. Each party may be given one (1) day additional for producing evidence in rebuttal and no greater time shall be extended, unless the court is satisfied that the ends of justice demand it. The court shall, immediately after the evidence is concluded, consider the contest and determine it. If it appears from an inspection of the whole record that there has been such fraud, intimidation, bribery or violence in the conduct of the election that neither contestant nor contestee can be adjudged to have been fairly nominated, the court may adjudge that there has been no election, in which event the nomination shall be deemed vacant. The judgment of the court shall be filed in the office of the Circuit Court clerk. History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 133. -- Created 1974 Ky. Acts ch. 130, sec. 159.

KRS 120.075 Appeal to Court of Appeals from judgment in primary contest

120.075. Appeal to Court of Appeals from judgment in primary contest (1) Any party may appeal to the Court of Appeals from a judgment entered under KRS 120.065. The appeal shall be in accordance with the Rules of Civil Procedure, except that the notice of appeal shall be filed and a supersedeas bond executed in the Circuit Court, and the record shall be filed in the Court of Appeals, within ten (10) days after the entry of the judgment, or within such other time as the Court of Appeals may, for cause shown, permit. The entire original record shall be filed and no designation of record shall be required. (2) Upon the filing of the record, the clerk of the Court of Appeals shall immediately deliver it to the chief judge. (3) The Court of Appeals in its discretion may issue its mandate forthwith after rendering its decision, but it shall be without prejudice to the right of the losing party to file a petition for rehearing or the power of the court to recall the mandate should the petition be sustained. (4) If the judgment is reversed and the case remanded for trial or further action, the proceedings shall continue in the Circuit Court in like manner as when originally filed, beginning ten (10) days after the filing of the mandate with notice to the adverse party. History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 134. -- Amended 1976 Ky. Acts ch. 62, sec. 88. -- Created 1974 Ky. Acts ch. 130, sec. 160.

KRS 120.085 Certification of result of primary contest -- Placement of name on ballots

120.085. Certification of result of primary contest -- Placement of name on ballots In the case of offices for which certificates of nomination are required to be filed with the Secretary of State, the result of the final judgment in the contest of a primary election shall be certified to the Secretary of State; in the case of offices for which certificates of nomination are required to be filed with the county clerk, the result shall be certified to the county clerk. The Secretary of State shall certify to the proper county clerks the names of the candidates awarded nominations as certified to him by the court, and the county clerk shall place upon the ballots for the regular election the names of the candidates so certified to him by the Secretary of State and the names of the candidates awarded nominations as certified to him by the court, in place of the candidates whose nominations were successfully contested. History: Created 1974 Ky. Acts ch. 130, sec. 161.

KRS 120.095 Recount of primary

120.095. Recount of primary (1) Any candidate voted for at a primary held under KRS 118.015 to 118.035 and 118.105 to 118.255 may request a recount of the ballots by filing a petition with the same court that contest petitions are required to be filed with, within ten (10) days after the day of the primary, or, if the candidate is qualified to bring a contest proceeding under KRS 120.055, by including a request for a recount in his or her petition instituting the contest proceedings. Any candidate who is a contestee in a contest proceeding under KRS 120.055 may request a recount in his or her answer filed in the contest proceeding, but in that case the answer shall be filed within five (5) days after the service of process on the petition. When a request for a recount is made, the State Board of Elections or the county board of elections, whichever would issue the certificate of nomination, shall be made a party defendant. The party requesting the recount shall execute a bond with approved surety for the costs of the recount, in an amount to be fixed by the Circuit Judge. Upon the bond being filed, the clerk shall immediately notify the Circuit Judge of the request and the filing of the bond, and the judge shall at once enter an order directing custody of the voting machines, voting equipment, or voting system, the ballots, boxes, and all papers pertaining to the election to be transferred to the Circuit Court, and fix a day for the recount proceedings to begin. A copy of the order shall be served upon the parties or their counsel in the same manner as notices are required to be served, which shall be deemed sufficient notice of the proceeding. On the day fixed, the court shall proceed to recount the ballots if their integrity is satisfactorily shown and shall complete the recount as soon as practicable, and file and enter of record the results thereof, and direct the state board or county board, whichever would issue the certificate of nomination, to issue a certificate to the party entitled thereto as shown by the recount. (2) Any party may appeal from the judgment to the Court of Appeals, in the same manner as provided in KRS 120.075, all of the provisions of which statute shall be applicable. (3) If a proceeding for recount is asked and prosecuted in a contest proceeding, it shall not await the preparation or trial of the contest in the Circuit Court or in the Court of Appeals. The action of the courts shall be final, concluding the parties as to the question of a recount of the ballots, and certificates shall then be issued to the parties entitled thereto. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 197, sec. 67, effective June 29, 2021. -- Amended 2020 Ky. Acts ch. 88, sec. 9, effective July 15, 2020. -- Amended 1992 Ky. Acts ch. 288, sec. 43, effective July 14, 1992. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 135, effective January 2, 1978. -- Created 1974 Ky. Acts ch. 130, sec. 162.

KRS 120.155 Contest of regular election of officers other than Governor, Lieutenant Governor, General Assembly member and certain city officers

120.155. Contest of regular election of officers other than Governor, Lieutenant 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. (2) (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. (3) (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. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 197, sec. 85, effective June 29, 2021. -- Created 1974 Ky. Acts ch. 130, sec. 163.

KRS 120.157 Automatic recount -- Determination by State Board of Elections -- Custody of materials -- Proceedings of county board of elections -- Costs

120.157. Automatic recount -- Determination by State Board of Elections -- Custody of materials -- Proceedings of county board of elections -- Costs (1) In any regular election or special election for any member of the General Assembly, the United States Senate or the United States House of Representatives, Governor and Lieutenant Governor, Treasurer, Auditor of Public Accounts, Commissioner of Agriculture, Labor and Statistics, Secretary of State, and Attorney General, a recount of the vote shall be required when a candidate is defeated by a margin of not more than one-half of one percent (0.5%) of the votes cast for the office. (2) The State Board of Elections shall determine whether a recount is required under this section based upon the total number of votes certified to the Secretary of State. The time for conducting the recount under this section shall be as follows: (a) For the offices of Governor and Lieutenant Governor, no recanvass under KRS 117.305 shall be made. The recount shall be commenced not later than 9 a.m. local time on the Tuesday following the election and shall be conducted in the manner provided under subsections (3) to (7) of this section. The recount shall be completed within fourteen (14) days, Sundays excluded; and (b) For all other offices listed in subsection (1) of this section, the recount shall be commenced not later than 9 a.m. local time on the second Tuesday following the election and shall be conducted in the manner provided under subsections (3) to (7) of this section. The recount shall be completed within fourteen (14) days, Sundays excluded. (3) The custody of the voting equipment, ballots, boxes, and all papers pertaining to the election shall be maintained by the county board of elections. The voting equipment shall remain continuously locked, and the ballot boxes containing all paper ballots shall remain continuously locked as required by KRS 117.295 until the time set for the recount. The keys shall remain in the possession of the county board of elections until the time set for the recount. (4) The recount shall be conducted by the county board of elections of each county in which votes for the office that is the subject of the recount were cast. (5) At the recount, each political party represented on the county board of elections may appoint a representative to be present, and each candidate subject to the recount may be present, either in person or by a representative, or both. The county board of elections shall authorize representatives of the news media to observe the recount. (6) On the day fixed for the recount, the county board of elections shall meet and, after confirming the integrity of the ballots, shall proceed to recount the ballots. (7) The county board of elections shall complete the recount within the time established under subsection (2) of this section. Upon completion of the recount, the county board of elections shall file and enter of record the results of the recount, and shall certify the results of the recount of the total number of votes to the Secretary of State not later than 4 p.m., local time, on the day following the completion of the recount, Sunday excluded. No certificate of election shall be issued by the State Board of Elections while the recount is pending. (8) The costs of any recount held pursuant to this section shall be paid by the Commonwealth of Kentucky. The costs shall be deemed a necessary government expense and shall be paid from the general fund surplus account under KRS 48.700 or the budget reserve trust fund account under KRS 48.705. (9) If a recount is conducted under subsection (1) of this section: (a) The time for filing a contest petition shall be tolled until the vote is certified under subsection (7) of this section; and (b) The candidate may initiate an election contest, but no request for an additional recount shall be considered prior to the completion of the certification of the vote under subsection (7) of this section. Effective: June 29, 2021 History: Created 2021 Ky. Acts ch. 197, sec. 80, effective June 29, 2021.

KRS 120.165 Procedure in contest of regular election -- Trial -- Judgment -- Fees and costs

120.165. Procedure in contest of regular election -- Trial -- Judgment -- Fees and costs (1) A contest instituted under KRS 120.155 shall proceed as equity actions. Upon return of the summons properly executed to the office of the circuit clerk, he or she shall immediately docket the case and notify the presiding judge of the court that the contest has been filed. The judge shall proceed to a trial of the cause without delay. In courts having more than one (1) judge, the judge who shall try the ca se shall be determined by lot. The court shall complete the case as soon as practicable. The action shall have precedence over all other cases. (2) The evidence in chief for the contestant shall be completed within thirty (30) days after service of summons; the evidence for the contestee shall be completed within twenty-five (25) days after filing of answer, and evidence for contestant in rebuttal shall be completed within seven (7) days after the contestee has concluded; provided that for cause the court m ay grant a reasonable extension of time to either party. (3) All voting machines, voting equipment, or voting systems, ballots, stub books, and other papers concerning which there is any ground for contest may be removed to the court in which the action is pending. (4) If it appears from an inspection of the whole record that there has been such fraud, intimidation, bribery, or violence in the conduct of the election that neither contestant nor contestee can be judged to have been fairly elected, the Circui t Court, or an appellate court on appeal, may adjudge that there has been no election. In that event the office shall be deemed vacant, with the same legal effect as if the person elected had refused to qualify. In the event a majority of the offices of a legislative body are deemed vacant under KRS 83A.040(5)(b), the county clerk and local board of elections shall call a special election of the bona fide candidates who previously qualified as soon as practicable, within at least forty-five (45) days of the declaration of vacancies becoming final orders. If one (1) of the parties is adjudged by the court to be elected to the office, he or she shall, on production of a copy of the final judgment, be permitted to qualify or be commissioned. (5) If an election contest brought under this section is successful, as determined by the Circuit Court or an appellate court on appeal, the contestant shall be entitled to recover reasonable attorney's fees, expert witness fees, and other court costs. The fees and costs shall be taxed by the court against the local board of elections or against any party adjudicated to have engaged in fraud, intimidation, bribery, or violence that prevented either the contestant or contestee from being fairly elected. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 175, sec. 37, effective July 15, 2026. -- Amended 2021 Ky. Acts ch. 197, sec. 68, effective June 29, 2021. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 136, effective January 2, 1978. -- Created 1974 Ky. Acts ch. 130, sec. 164.

KRS 120.175 Appeal to Court of Appeals

120.175. Appeal to Court of Appeals Any party may appeal to the Court of Appeals from a judgment entered under KRS 120.155, in the same manner as provided in KRS 120.075, all of the provisions of which statute shall be applicable. History: Created 1974 Ky. Acts ch. 130, sec. 165.

KRS 120.185 Recount of election of officers referred to in KRS 120.155 -- Petition -- Recount proceeding -- Appeals -- General Assembly action regarding findings of court

120.185. Recount of election of officers referred to in KRS 120.155 -- Petition -- Recount proceeding -- Appeals -- General Assembly action regarding findings of court (1) (a) 1. Any candidate who was voted for at a regular election for any of the offices to which KRS 120.155 applies, and who does not qualify for an automatic recount under KRS 120.157, may request a recount of the ballots by filing a petition with the same court where petitions of contest are required to be filed. 2. If the candidate is qualified to institute a contest proceeding under KRS 120.155, the candidate may request a recount by including a recount request in his or her petition instituting the contest proceeding. (b) Any candidate who is a contestee in a contest proceeding under KRS 120.155 may request a recount in his or her answer filed in the contest proceeding, but only if the answer containing the recount request is filed within five (5) days after service of the petition upon the contestee. (c) Any candidate under this subsection who would receive a certificate of election from the county board of elections under KRS 118.425 shall file his or her petition requesting a recount not later than ten (10) days after the day of the election. The county board of elections shall be named a party defendant in the petition. (d) Any candidate under this subsection who would receive a certificate of election from the State Board of Elections under KRS 118.425 shall file his or her petition requesting a recount not later than the second Tuesday following the election. The State Board of Elections shall be named a party defendant in the petition. (e) The party requesting the recount shall execute bond with approved surety for the costs of the recount, in an amount to be fixed by the Circuit Judge. The bond may be filed by the state political party, political organization, or political group, if any, to which the candidate is affiliated. Upon the bond being filed, the clerk shall immediately notify the Circuit Judge of the request and the filing of the bond, and the judge shall at once enter an order directing the voting machines, voting equipment, or voting system, ballots, boxes, and all papers pertaining to the election be secured. The court shall further order that the voting equipment, voting system, and ballot boxes containing all paper ballots shall remain continuously locked as required by KRS 117.295 until the time set for the recount. The keys shall remain in the custody and possession of the county board of elections until the time set for the recount. (f) The Circuit Court shall fix a day for the recount proceedings to begin. A copy of the order shall be served upon the parties or their counsel in the same manner as notices are required to be served, which shall be deemed sufficient notice of the proceeding. (g) At the recount, each political party represented on the county board of elections may appoint a representative to be present, and each candidate subject to the recount may be present, either in person or by a representative, or both. The county board of elections shall authorize representatives of the news media to observe the recount. (h) On the day fixed by the court, the county board of elections shall meet and after confirming the integrity of the ballots, shall proceed to recount the ballots. (i) The county board of elections shall complete the recount as soon as practicable, and shall forward the results of the recount to the Circuit Court. (j) Upon receipt of the results of the recount, the court shall enter a judgment setting out the results of the recount, and directing the State Board of Elections or county board of elections, whichever would issue the certificate of election, to issue the certificate to the party entitled thereto as shown by the recount. (k) No certificate of election shall be issued by the State Board of Elections or any county board of elections while any recount proceeding is pending, and any certificate of election issued before the final judgment in any recount proceeding shall be null and void. (l) Any party may appeal from the judgment issued under paragraph (j) of this subsection to the Court of Appeals, in the same manner as provided in KRS 120.075, and all of the provisions of that statute shall apply. (m) If a proceeding for recount is requested and prosecuted in a contest proceeding, the recount shall not await the preparation or trial of the contest in the Circuit Court or in the Court of Appeals. The action of the courts shall be final as to the question of a recount of the ballots under this subsection, and certificates shall then be issued to the parties entitled thereto. (2) (a) Any slate of candidates for Governor and Lieutenant Governor, or any candidate for the United States Senate or the United States House of Representatives who was voted for at a regular election or a special election, and who does not qualify for an automatic recount under KRS 120.157, may request a recount of the ballots by filing a petition in the Franklin Circuit Court. (b) For any slate of candidates for Governor and Lieutenant Governor, the petition requesting a recount shall be filed not later than the Tuesday following the election. No recanvass under KRS 117.305 shall be conducted. The court shall order the recount to commence at 9 a.m. local time not later than a date five (5) days after the filing of the petition. The recount shall be completed by the county board of elections within fourteen (14) days of commencement of the recount, Sundays excluded. The State Board of Elections shall be named a party defendant in the petition. (c) For any candidate for the United States Senate or the United States House of Representatives, the petition requesting a recount shall be filed not later than the second Tuesday following the election. The State Board of Elections shall be named a party defendant in the petition. (d) Except for the time requirements established under paragraphs (b) and (c) of this subsection, the recount shall proceed as provided in subsection (1)(e) to (j) of this section. (e) No appeal shall be taken from the findings issued by the Franklin Circuit Court described in subsection (1)(j) of this section; however, any party aggrieved by the findings or action of the court may file a petition for contest to the General Assembly under KRS 120.195, and the General Assembly may accept, modify, or disregard the findings of the court in its sole and absolute discretion. (f) No certificate of election shall be issued by the State Board of Elections while any recount proceeding or contest proceeding is pending, and if issued before entry of the findings described in paragraph (e) of this subsection shall be null and void. (g) Any candidate for the United States Senate or the United States House of Representatives aggrieved by the findings or action of the court shall proceed under the rules established by the United States Congress or federal law. (3) (a) Any candidate for the General Assembly who was voted for at a regular election or special election, and who does not qualify for an automatic recount under KRS 120.157, may request a recount of the ballots by filing a petition in the Circuit Court of the county where the requesting candidate resides. (b) The petition requesting a recount shall be filed not later than the second Tuesday following the election. The State Board of Elections shall be named a party defendant in the petition. (c) The recount shall proceed as provided in subsection (1)(e) to (j) of this section. (d) No appeal shall be taken from the findings issued by the court described in subsection (1)(j) of this section; however, any party aggrieved by the findings or action of the court may file a petition for contest to the General Assembly under KRS 120.195, and the General Assembly may accept, modify, or disregard the findings of the court in its sole and absolute discretion. (e) No certificate of election shall be issued by the State Board of Elections while any recount proceeding or contest proceeding is pending, and if issued before entry of the findings described in subsection (1)(j) of this section shall be null and void. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 197, sec. 69, effective June 29, 2021. -- Amended 1992 Ky. Acts ch. 288, sec. 54, effective July 14, 1992. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 137, effective January 2, 1978. -- Created 1974 Ky. Acts ch. 130, sec. 166.

KRS 120.195 Contest of election by slate of candidates for Governor and Lieutenant Governor or by candidate for General Assembly

120.195. Contest of election by slate of candidates for Governor and Lieutenant 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. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 197, sec. 82, effective June 29, 2021. -- Amended 1992 Ky. Acts ch. 288, sec. 55, effective July 14, 1992. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 138, effective January 2, 1978. -- Created 1974 Ky. Acts ch. 130, sec. 167.

KRS 120.205 Board for determining contest of election of Governor and Lieutenant Governor

120.205. Board for determining contest of election of Governor and Lieutenant Governor When the election of a Governor and Lieutenant Governor is contested, a board for determining the contest shall be formed and shall proceed in the following manner: (1) On the third day after the organization of the General Assembly that meets next after the election, the Senate shall select three (3) of its members as provided in subsection (2) of this section, and the House of Representatives shall select eight (8) of its members as provided in subsection (2) of this section, and the eleven (11) so selected shall constitute a board to try the contest, seven (7) of whom shall constitute a quorum; (2) In making the selection, the name of each member present shall be written on a separate piece of paper, every piece being as nearly similar to the other as possible. Each piece shall be rolled up so that the names thereon cannot be seen, nor any particular piece ascertained or selected by feeling. The whole, so prepared, shall be placed by the clerk in a box on the clerk's table, and after it has been well shaken, and the papers therein well intermixed, the clerk shall draw out one (1) paper, which shall be opened and read aloud by the presiding officer, and so on until the required number is obtained; (3) If any member selected swears that he or she cannot, without great personal inconvenience, serve on the board, or that he or she feels an undue bias for or against either of the parties, that member may be excused by the house from which that member was chosen from serving on the board. If it appears that a selected member is related to either party, or is liable to any other proper objection on the score of his or her partiality, that member shall be excused. Any deficiency in the proper number created by excuse shall be supplied by another draw from the box; (4) The selected members of the board shall be sworn by the Speaker of the House of Representatives to try the contested election, and shall give true judgment according to the evidence, unless dissolved before rendering judgment; (5) The board shall, within twenty-four (24) hours after its selection, meet, appoint its chair, and assign a day for hearing the contest. It may adjourn from day to day as its business requires. If any member of the board willfully fails to attend its sessions, that member shall be reported to the house to which he or she belongs, and that house shall then, in its discretion, punish that member by fine or imprisonment, or both; (6) The board may, upon a majority of vote, send for persons, papers, and records, including all voting equipment, ballots, boxes, and precinct rosters. The board may issue subpoenas signed by its chair or the Speaker of the House of Representatives; (7) The board may use the services of any law enforcement agency to transport all records relating to the election contest, including voting equipment, ballots, boxes, and precinct rosters. All voting equipment, ballots, boxes, precinct rosters, and other voting records sent for by the board shall be sealed, to the extent possible, and transmitted in a tamper-resistant manner. The chain of custody for the records shall be recorded, in writing, on a form prescribed by the State Board of Elections in administrative regulations promulgated under KRS Chapter 13A to include the identity of the person or persons transferring and receiving the records, and the date, time, and location of the transfer. The clerk of the House of Representatives shall be designated by the board as the custodian of the records while the records are in the possession of the board; (8) If it appears that the slates of candidates receiving the highest number of votes cast have received an equal number, the right to the offices shall be determined by lot, in the manner prescribed by the board, and under the direction of the board; (9) If the person returned for the Office of Governor is found not legally qualified to receive the office at the time of his or her election, a new election shall be ordered to fill the vacancy under subsection (13) of this section; (10) If a slate of candidates other than the one returned is found to have received the highest number of legal votes cast, that slate shall be adjudged by the General Assembly to be the persons elected and entitled to the offices; (11) No decision shall be made but by the vote of at least six (6) members of the board. The decision of the board shall not be final or conclusive, but shall be reported to the two (2) houses of the General Assembly, in joint session, for the further action of the General Assembly. The Speaker of the House shall preside at the joint session, and the General Assembly shall then determine the contest; (12) If no decision of the board is given during the then session of the General Assembly, the board shall be dissolved, unless by joint resolution of the two (2) houses it is empowered to continue longer; (13) If a new election is required, it shall be immediately ordered by proclamation of the Speaker of the House, who shall issue a writ of election. The writ shall be signed by the Speaker, shall designate the day for holding the election, and shall be directed to the proper sheriff or sheriffs as provided in KRS 118.740; and (14) When a new election is ordered, or the incumbent is adjudged not to be entitled to the office, his or her power shall immediately cease, and if the office is not adjudged to another, it shall be deemed vacant. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 197, sec. 83, effective June 29, 2021. -- Created 1974 Ky. Acts ch. 130, sec. 168.

KRS 120.215 Board to determine contest of election of member of General Assembly

120.215. Board to determine contest of election of member of General Assembly (1) When the election of a member of the General Assembly is contested, the house to which he or she belongs or seeks to be a member shall, within three (3) days after its organization, and in the manner provided in KRS 120.205, select a board of not more than nine (9) nor less than five (5) of its members to determine the contest. (2) The number of members required for the board shall be determined by the presiding officer of the house to which the person filing the contest belongs or seeks to be a member, and announced to the house prior to the selection of any member of the board, a majority of whom shall constitute a quorum. (3) The members selected to serve on the board as provided in this section shall be sworn by the presiding officer to try the contested election, and shall give true judgment according to the evidence, unless dissolved before rendering judgment. (4) The board shall be governed by the same rules, have the same power, and be subject to the same penalties as a board to determine the contested election of Governor and Lieutenant Governor under KRS 120.195 and as provided in this section. It shall report its decision to the house of the General Assembly by which it was appointed, for its further action. (5) The board shall, within twenty-four (24) hours of its selection, meet, appoint its chair, and assign a day for hearing the contest, and may adjourn from day to day as its business requires. If any member of the board willfully fails to attend its sessions, that member shall be reported to the house to which he or she belongs, and that house shall then, in its discretion, punish that member by fine or imprisonment, or both. (6) The board may, upon a majority vote, send for persons, papers, and records, including all voting equipment, ballots, boxes, and precinct rosters, and may issue subpoenas signed by its chair or the presiding officer of the house before which the contest is proceeding. The board or the presiding officer may also issue subpoenas for taking proof. (7) The board may use the services of any law enforcement agency to transport all records relating to the election contest, including voting equipment, ballots, boxes, and precinct rosters. All voting equipment, ballots, boxes, precinct rosters, and other voting records sent for by the board shall be sealed, to the extent possible, and transmitted in a tamper-resistant manner. The chain of custody for the records shall be recorded, in writing, on a form prescribed by the State Board of Elections in administrative regulations promulgated under KRS Chapter 13A to include the identity of the person or persons transferring and receiving the records, and the date, time, and location of the transfer. The clerk of the house before which the contest is proceeding shall be designated by the board as the custodian of the records while the records are in the possession of the board. (8) The board may order a recount of the election even if a recount has been conducted under KRS 120.157 or 120.185. A recount ordered by the board may be conducted without prior approval of the house before which the contest is proceeding. The recount shall be conducted by: (a) The county clerk of the county or counties in which the precincts subject to the recount are located, if no recount of the election has been conducted; or (b) The State Board of Elections, if a recount has been conducted under KRS 120.157 or 120.185, which shall: 1. Determine the number of persons required to conduct the recount, each of whom shall be a county clerk; 2. Select that number of clerks by placing the name of each county clerk in a box or similar receptacle, and after it has been well-shaken and well- intermixed, the chair of the State Board of Elections shall draw out one (1) name at a time, which shall be announced aloud. This process shall continue until the required number is obtained; and 3. Once completed, provide the results of the recount to the contest board. The county clerk of any county containing precincts subject to the recount shall not be eligible to conduct the recount. (9) If it appears the candidates have received an equal number of legal votes cast, the right to the office shall be determined by lot, in the manner prescribed by the board, and under the direction of the board. (10) If the board finds the person returned is not legally qualified to receive the office at the time of his or her election, and if the house in which the contest is pending concurs under subsection (14) of this section, a vacancy shall exist, and a new election shall be ordered to fill the vacancy. If a new election is required, it shall be immediately ordered by proclamation of the presiding officer of the house before which the contest is proceeding who shall issue a writ of election. The writ shall be signed by the officer issuing it, shall designate the day for holding the election, and shall be directed to the proper sheriff or sheriffs as provided in KRS 118.740. (11) If the board finds a person other than the one returned received the highest number of legal votes cast, and if the house in which the contest is pending concurs under subsection (14) of this section, he or she shall be adjudged the person elected and entitled to the office. (12) If the board is unable to decide the person entitled to the office, and if the house in which the contest is pending concurs under subsection (14) of this section, a vacancy shall exist, and a new election shall be ordered by that house of the General Assembly to fill the vacancy. If a new election is required, it shall be immediately ordered by proclamation of the presiding officer of the house before which the contest is proceeding who shall issue a writ of election. The writ shall be signed by the officer issuing it, shall designate the day for holding the election, and shall be directed to the proper sheriff or sheriffs as provided in KRS 118.740. (13) When a new election is ordered, or the incumbent is adjudged not to be entitled to the office, his or her power shall immediately cease, and if the office is not adjudged to another, it shall be deemed vacant. (14) No decision shall be made but by the vote of a majority of the members of the board. The decision of the board shall not be final or conclusive, except as provided in subsection (8) of this section, but shall be reported to the house of the General Assembly by which it was appointed, for its further action. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 197, sec. 84, effective June 29, 2021. -- Created 1974 Ky. Acts ch. 130, sec. 169.

KRS 120.250 Contest or recount of election on public question

120.250. Contest or recount of election on public question (1) Any elector who was qualified to and did vote on any public question, other than a constitutional amendment or a question of local option under KRS Chapter 242, submitted to the voters of any county, city or district for their approval or rejection may contest the election or demand a recount of the ballots by filing a petition, within thirty (30) days after the election, with the clerk of the Circuit Court of the county in which the election was held, which court shall have exclusive jurisdiction to hear and determine all matters in such cases. The petition shall be against the county, city or district in which the election was held, and shall set forth the grounds of contest or reason for requesting a recount. The grounds of contest may be the casting of illegal votes, the exclusion of legal votes, the unfair or illegal conduct of the election, tampering with the returns, the alteration of the certificates of the results, bribery, fraud, intimidation or corrupt practices, or any conduct or practice tending to frustrate, obstruct or interfere with the free expression of the will of the voters. A copy of the petition shall be posted at the courthouse door and at one or more public places in the county, city or district in which the election was held. Summons shall be served on the defendant as in equity actions. (2) Upon the petition being filed, the circuit clerk shall forthwith order the county board of election commissioners and the county clerk of the county involved in the contest to preserve and hold the ballots cast at the election on the question subject to the order of the Circuit Court. The court shall, within five (5) days after the petition is filed, determine whether there are sufficient grounds stated to justify the contest, and shall thereupon require the contestants to give bond for costs, and fix a time for the defendant to answer, not exceeding twenty (20) days. (3) If the county, city or district affected fails to defend the action, any elector may become a defendant by filing an answer or other proper pleading within thirty (30) days after the filing of the petition, and by giving security for the costs in an amount to be fixed by the court. Any elector may join and assist the defendant in resisting the action by filing an application to do so and by giving security for such proportion of the costs as may be adjudged against him. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 139, effective January 2, 1978. -- Created 1974 Ky. Acts ch. 130, sec. 170.

KRS 120.260 Procedure for recount of election on public question

120.260. Procedure for recount of election on public question If a recount of the ballots is requested in a proceeding instituted under KRS 120.250, and the court has determined that the petition presents sufficient grounds, the court shall immediately order the ballots of the precincts in which the recount is demanded sent to the courthouse of the county, in a manner designated in the order, and shall designate two (2) commissioners to assist in the recount. One (1) of the commissioners shall represent the contestant and one (1) the contestee. The attorneys representing the parties may be present at all hearings and at the recount of the ballots. The court shall pass on all disputes respecting ballots and shall ascertain the result of the election after counting all legal ballots. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 140, effective January 2, 1978. -- Created 1974 Ky. Acts ch. 130, sec. 171.

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

120.270. Judgment in contest or recount of election on public question -- Costs -- 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. History: Created 1974 Ky. Acts ch. 130, sec. 172.

KRS 120.280 Contest on constitutional convention or amendment, or statewide public question

120.280. Contest on constitutional convention or amendment, or statewide public question (1) Any elector who was qualified to and did vote on any constitutional convention, constitutional amendment, or statewide public question submitted to the voters of the state for their ratification or rejection may contest the election or demand a recount of the ballots by filing a petition, not more than fifteen (15) days after the official canvass and the announcement of the vote for the state by the State Board of Elections, with the clerk of the Franklin Circuit Court, which court shall have exclusive jurisdiction to hear and determine all matters in such cases. The petition shall set forth the grounds of the contest. The contestant may file with the clerk of the Franklin Circuit Court and the Secretary of State a notice of his intention to contest the election before the announcement of the official count by the State Board of Elections and thereupon the Secretary of State shall forthwith notify all the county boards of elections in the counties involved in the contest to hold the ballots cast at the election on the question subject to the order of the Franklin Circuit Court. The notice shall be served by the Secretary of State by mailing a true and certified copy of the notice of contest, and the order to hold the ballots subject to the order of the court, by certified mail, return receipt requested, to the sheriffs of the counties in question, and the sheriffs shall forthwith acknowledge receipt thereof. (2) The court shall, within five (5) days after the filing of the petition of contest, determine whether there are sufficient grounds stated to justify the contest, and shall thereupon require the contestants to give bonds for costs. All of the hearings relating to the contest shall be held in the courthouse of Franklin County. (3) The clerk of the Franklin Circuit Court shall cause a notice of the contest to be published pursuant to KRS Chapter 424, setting out the substance or the grounds of contest alleged by the contestants. (4) Any elector who participated in the election on the convention, amendment, or statewide public question may make himself a party as contestee in the action by filing his petition to be made a party not later than five (5) days after the contest is instituted, and by giving bond of the costs as required of the contestant. If no elector makes himself a party to the contest, the Commonwealth's attorney for the Franklin Circuit Court shall attend the trial of the cause, and he may file motions and pleadings in the cause on behalf of the Commonwealth to insure a fair and honest determination of the contest. (5) All laws relating to contested elections for state offices shall apply with equal force to contests of the character contemplated by this section, except as otherwise provided in this section and in KRS 120.290. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 288, sec. 56, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 114, sec. 16, effective July 15, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 141, effective January 2, 1978. -- Created 1974 Ky. Acts ch. 130, sec. 173.

KRS 120.290 Procedure for recount of election on constitutional convention or amendment, or statewide public question

120.290. Procedure for recount of election on constitutional convention or amendment, or statewide public question (1) If a contest instituted under KRS 120.280 involves the recount of ballots, and the court has determined that the petition of contest presents sufficient grounds, the court shall immediately order the ballots of the counties and precincts in which the recount is demanded sent to the courthouse at Frankfort, in a manner designated in the order. The court may appoint two (2) special commissioners to help make the recount, who shall receive three dollars ($3) per day and their actual traveling expenses, when approved by the Franklin Circuit Court. The attorneys representing the contestant and the Commonwealth's attorney representing the contestee may be present at all hearings on the recount. The contestant and contestee shall each be entitled to appoint one (1) inspector, who shall be allowed to witness the recount. (2) The result of the recount of ballots shall be reported to the court within three (3) days after it has been completed, together with all the disputed ballots and any ballots not counted. After inspecting and passing on the disputed and uncounted ballots, the court shall add such of them as are found to be legal to the number of legal ballots determined by the recount. If the court finds that any ballots were procured by fraud, duress, bribery, intimidation, or for valuable consideration, they shall be rejected as illegal and void. If there has been such error, fraud or other irregularity as to make it impossible to ascertain the correct result in any precinct, the ballots from that precinct shall be thrown out and considered void. The vote from a precinct shall not be counted if the contestants prove that there was bribery or intimidation of the electors in that precinct and the court finds that the contestants were in the minority in that precinct and were not in any way implicated in the bribery or fraud complained of. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 142, effective January 2, 1978. -- Created 1974 Ky. Acts ch. 130, sec. 174.

KRS 120.300 Appeal from judgment in contest or recount on constitutional convention or amendment, or statewide public question

120.300. Appeal from judgment in contest or recount on constitutional convention or amendment, or statewide public question An appeal to the Court of Appeals may be prosecuted by any party to a contest instituted under KRS 120.280 in the same manner as in other contested election cases. History: Created 1974 Ky. Acts ch. 130, sec. 175.

KRS 120.350 Compensation, powers and duties of witnesses and officers in election contest cases

120.350. Compensation, powers and duties of witnesses and officers in election contest cases The compensation of witnesses and officers taking depositions, and their powers and duties, shall be the same in election contest cases as in actions in equity. History: Created 1974 Ky. Acts ch. 130, sec. 176.

KRS 120.360 Prohibition of agreement by candidate not to contest election

120.360. Prohibition of agreement by candidate not to contest election It shall be unlawful for any candidate in any primary or general election to agree not to file a suit contesting the election, or to agree to dismiss or cease prosecuting such suit after it has been filed, in consideration of the payment or promise to pay to him, or to any other person, of any money, deputyship, clerkship, employment, or anything of value by such successful candidate or by any other person. Any person who violates this section shall be ineligible thereafter to hold, or become a candidate for nomination or election to, any public office in this state, or to have his name printed on any official ballot in a primary or general election. Any qualified voter may maintain an action to enjoin the printing of the name of a person upon the official ballots for any primary or general election, on the ground that such person has violated this section, and in such action the violation may be proved by parol evidence. History: Created 1974 Ky. Acts ch. 130, sec. 177.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37601Fetched: 10/20/2026