CHAPTER 116 Voter Registration

116.005. Preservation by county clerk of certain voting records. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1986, ch. 470, § 2, effective July 15, 1986) was repealed by Acts 1988, ch. 341, § 50, effective July 15, 1988.

116.010. State board of elections — Membership — Appointment — Qualification — Vacancies. [Repealed.]

Compiler’s Notes.

This section (1596a-1: amend. Acts 1956 (1st Ex. Sess.), ch. 5, § 1; 1962, ch. 106, Art. II, § 2) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.015 .

116.013. “Voter” defined.

Unless the context otherwise requires, the word “voter” means any name contained in any registration list.

History. Enact. Acts 1974, ch. 130, § 1.

NOTES TO DECISIONS

1. In General.

A person is a “voter” only if he is qualified under Ky. Const., § 145 and is registered. Coffey v. Anderson, 371 S.W.2d 624, 1963 Ky. LEXIS 103 ( Ky. 1963 ) (decided under prior law).

2. Legality of Voter.

Former section defined a “voter” as any name contained in any registration, whether the voter was an illegal or legal one. Moore v. Tiller, 409 S.W.2d 813, 1966 Ky. LEXIS 74 ( Ky. 1966 ) (decided under prior law).

116.015. Board of Election Commissioners and Board of Registration and Purgation redesignated as Board of Elections. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 106, Art. II, § 1) was repealed by Acts 1966, ch. 255, § 283.

116.020. Secretary of board — Records — Compensation and expenses of board. [Repealed.]

Compiler’s Notes.

This section (1596a-1, 1596a-13) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.025 .

116.025. Eligibility to vote.

  1. Every person who is a resident of this state and the precinct in which he or she offers to vote on or before the day preceding the closing of the registration books for any primary, general, or special election, who possesses on the day of any election the qualifications set forth in Section 145 of the Constitution, exclusive of the durational residency requirements, who is not disqualified under that section or under any other statute, and who is registered as provided in this chapter, may vote for all officers to be elected by the people and on all public questions submitted for determination at that election, in the precinct in which he or she is qualified to vote. Any person who shall have been convicted of any election law offense which is a felony shall not be permitted to vote until his or her civil rights have been restored by executive pardon.
  2. Any person charged with or indicted for a crime, whether or not in custody for same, who has not yet been convicted of the offense and who is not otherwise ineligible to vote, may vote for all offices to be elected by the people and on all public questions submitted for determination at that election, in the precinct in which he or she is qualified to vote.
  3. A registered voter who changes his or her place of residence from one (1) precinct to another within the same county while the registration books are closed shall be permitted to update the voting records and to vote in the present election at the appropriate precinct for the current address as set forth in KRS 116.085(3).
  4. Notwithstanding any provision of law to the contrary, any registered voter who changes his or her place of residence from one (1) precinct to another within the same county prior to the closing of the registration books and who fails to transfer his or her registration with the county clerk prior to the date the registration books are closed shall be permitted to vote in the present election at the appropriate precinct for the current address as set forth in KRS 116.085(2).
  5. Any registered voter who changes his or her place of residence to a different county while the registration books are closed shall be permitted to vote at the appropriate precinct for his or her former residence in the present election and shall thereafter transfer his or her voter registration.
  6. Any registered voter who changes his or her place of residence to a different county and fails to register to vote in the county of current residence prior to the date the registration books are closed shall not be eligible to vote in the present election in the county of current residence or the county of former residence.
  7. Any registered voter who changes his or her place of registration to a different state while the registration books are closed in the new state of residence before a presidential election shall be permitted to cast an absentee ballot for President and Vice President only, notwithstanding subsection (1) of this section, by mail or at the county clerk’s office of the former residence or other place designated by the county board of elections and approved by the State Board of Elections.

History. Enact. Acts 1974, ch. 130, § 2; 1982, ch. 360, § 36, effective July 15, 1982; 1988, ch. 341, § 20, effective July 15, 1988; 1990, ch. 48, § 2, effective July 13, 1990; 1994, ch. 393, § 4, effective January 1, 1995; 2002, ch. 63, § 1, effective July 15, 2002; 2006, ch. 107, § 2, effective March 30, 2006.

Legislative Research Commission Note.

(7/15/94). In Attorney General Opinion 94-42, it was concluded that 1994 Ky. Acts ch. 393, which amended this statute “will take effect on January 1, 1995, the date the National Voter Registration Act will take effect with respect to Kentucky.”

NOTES TO DECISIONS

1. Annexation Election.

KRS 81A.420(2)(b) and (c) does not define what constitutes a “qualified voter” in any respect, and cannot be used to disenfranchise a voter who is eligible under the terms of the general voter eligibility statute. Louisville Shopping Center, Inc. v. St. Matthews, 635 S.W.2d 307, 1982 Ky. LEXIS 266 ( Ky. 1982 ).

Under the clear wording of KRS 81A.420(2)(b) and (c) the 75 percent is to be determined by the number of “qualified voters,” which are those who are registered and eligible under subsection (1) of this section. Louisville Shopping Center, Inc. v. St. Matthews, 635 S.W.2d 307, 1982 Ky. LEXIS 266 ( Ky. 1982 ).

The phrase “qualified voter,” standing by itself, in the context of the annexation statutes, cannot be elevated to a disqualification under any other statute as provided in subsection (1) of this section. Louisville Shopping Center, Inc. v. St. Matthews, 635 S.W.2d 307, 1982 Ky. LEXIS 266 ( Ky. 1982 ).

2. Registration Mandatory.

Under law requiring presentation of registration certificate before voting, election officers could not have dispensed with such requirement even where they knew that voter was qualified. Taylor v. Betts, 141 Ky. 138 , 132 S.W. 162, 1910 Ky. LEXIS 409 ( Ky. 1910 ) (decided under prior law).

A registration law must have made registration a prerequisite to the right to vote upon public questions, at a regular election, as well as for public officers. Perkins v. Lucas, 197 Ky. 1 , 246 S.W. 150, 1922 Ky. LEXIS 633 ( Ky. 1 922), overruled in part, D & W Auto Supply v. Department of Revenue, 602 S.W.2d 420, 1980 Ky. LEXIS 243 ( Ky. 1980 ), overruled on other grounds, D & W Auto Supply v. Department of Revenue, 602 S.W.2d 420, 1980 Ky. LEXIS 243 ( Ky. 1980 ) (decided under prior law).

3. Age.

Mother’s evidence as to age of son prevailed over age shown by school census. Prewitt v. Wilson, 242 Ky. 231 , 46 S.W.2d 90, 1932 Ky. LEXIS 255 ( Ky. 1932 ) (decided under prior law).

4. Conviction of Crime.

A jury verdict which found a person guilty of a felony was not sufficient alone to disfranchise him; there must have been a final judgment of conviction. Prewitt v. Wilson, 242 Ky. 231 , 46 S.W.2d 90, 1932 Ky. LEXIS 255 ( Ky. 1932 ) (decided under prior law).

5. Evidence of Eligibility.

Whether a person was a legal voter at the time he voted must have been determined from the facts as to his age and the length of time of his residence, and not from the bare statement of opinion by witnesses that he had been a “legal voter.” Hume v. Grant, 165 Ky. 723 , 178 S.W. 1028, 1915 Ky. LEXIS 582 ( Ky. 1915 ) (decided under prior law).

Cited:

Sims v. Atwell, 556 S.W.2d 929, 1977 Ky. App. LEXIS 826 (Ky. Ct. App. 1977).

Opinions of Attorney General.

Persons in jail who have been convicted of misdemeanors may register to vote by mail and may vote by absentee ballot. OAG 75-135 .

There are no statutory provisions for taking persons from jail either to register or vote or for election officials to go to the jail with registration forms or election ballots. OAG 75-135 .

A registered voter who moves from one precinct in the county to another more than 30 days before the election but fails to notify the county clerk of his change of residence until after the registration books have closed cannot vote in his new precinct, although he may attempt to vote in his old precinct, assuming his name has not been purged and remains on the registration list when sent to the precinct. OAG 75-622 .

Persons incarcerated in jail but not yet convicted of any crime are entitled to register to vote, and after they have been duly registered and presumably qualified to vote they may then make application for an absentee ballot. OAG 76-202 .

People who were registered as 17-year-olds, but who would be 18 by the November general election will not be eligible to vote in a special local option election to be held the preceding March. OAG 79-41 .

A city annexing a university area could not strengthen the voting requirements since the voting qualifications are controlled by the Constitution and state statutes. OAG 82-157 .

Only those persons who can qualify to vote may register to vote, which excludes any person who has been convicted of a felony and incarcerated in prison; as a consequence, if the recipients of certain requested voter registration applications are to be convicted felons incarcerated in prison, the county court clerk can legally refuse to comply with the request since the applicants would not be entitled to register and vote. OAG 83-411 .

Even though a voter’s registration form may be illegally filled in, insofar as party preference is concerned, when it is submitted to the clerk with the required information contained therein, the clerk would be required to accept it as a valid registration and the voter in question would be considered legally registered and entitled to vote. OAG 85-131 .

A person whose party affiliation was designated on the registration card without his knowledge or consent could only vote and seek office in the succeeding party primary as a member of that party and would be disqualified as to the other party primary. OAG 85-131 .

Party affiliation is of no consequence insofar as one’s voting rights are concerned at the November election. OAG 85-131 .

A person is qualified to vote provided he meets the constitutional qualifications enumerated under Ky. Const., § 145 as modified by the Supreme Court of the United States and as reflected in this section and the registration requirement found in KRS 116.045 . OAG 85-131 .

Research References and Practice Aids

Cross-References.

Absentee ballots for persons in jail, KRS 117.085 .

Northern Kentucky Law Review.

2008 Criminal Law Issue: Article: Barred From the Polls: Felony Disenfranchisement in the Bluegrass, see 35 N. Ky. L. Rev. 371 (2008).

116.030. Meetings of board — Quorum — Chairman. [Repealed.]

Compiler’s Notes.

This section (1596a-1, 1596a-13: amend. Acts 1956 (1st Ex. Sess.), ch. 5, § 2) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.015 .

116.035. Determination of voter’s residence.

The following rules, so far as applicable, shall be observed in determining the residence of a person offering to vote:

  1. A voter’s residence shall be deemed to be at the place where his or her habitation is, and to which, when absent, he or she has the intention of returning;
  2. A voter shall not lose his or her residence by absence for temporary purposes merely; nor shall he or she obtain a residence by being in a county or precinct for such temporary purposes, without the intention of making that county or precinct his or her home;
  3. A voter shall lose his or her residence by removal to another state or county with intention to make his or her permanent residence there, or by removal to and residence in another state, with intention to reside there an indefinite time, or by voting there, even though he or she may have had the intention to return to this state at some future period;
  4. The place where the family of a married person resides shall generally be considered his or her residence, unless the family so resides for a temporary purpose. If his family is permanently in one (1) place, and he or she transacts business in another, the former shall be the residence.

History. Enact. Acts 1974, ch. 130, § 3; 2002, ch. 63, § 2, effective July 15, 2002.

NOTES TO DECISIONS

1. In General.

A person had no right to select a voting place for himself other than his legal home and place of residence. Penny v. McRoberts, 163 Ky. 313 , 173 S.W. 786, 1915 Ky. LEXIS 223 ( Ky. 1915 ) (decided under prior law).

When a person resided at a certain place upon property owned by him, and was called upon and performed all the duties of a citizen in that place, and when he was away from home had the intention of returning to that place, the fact that he had customarily voted in another place did not give him the right to vote at such other place. Penny v. McRoberts, 163 Ky. 313 , 173 S.W. 786, 1915 Ky. LEXIS 223 ( Ky. 1915 ) (decided under prior law).

A voter cannot select for himself a voting place other than the place the law constitutes his legal residence. If he actually lives in one district, he cannot vote in another, unless his living in the former district is merely for a temporary purpose. Matney v. Elswick, 242 Ky. 183 , 45 S.W.2d 1046, 1932 Ky. LEXIS 240 ( Ky. 1932 ) (decided under prior law).

2. Domicile.

In law, every person has a domicile. In some instances it may be different from his actual abode. Until he has changed it, which is a combination of act and intention, it continues to be his domicile in law. Erwin v. Benton, 120 Ky. 536 , 87 S.W. 291, 27 Ky. L. Rptr. 909 , 1905 Ky. LEXIS 131 ( Ky. 1905 ) (decided under prior law).

Where husband abandoned wife, and she then moved to a different precinct and rented a farm there, she thus acquired a new domicile, although husband returned to her at her new domicile less than 60 days before election. Whitaker v. Stephens, 242 Ky. 164 , 45 S.W.2d 1045, 1932 Ky. LEXIS 239 ( Ky. 1932 ) (decided under prior law).

3. Legal Residence.

Where woman had been employed as domestic servant in precinct for over three years, and made her home with her employer, the mere fact that she intended to return to her family home if she ever lost her employment did not deprive her of legal residence in the precinct. Penny v. McRoberts, 163 Ky. 313 , 173 S.W. 786, 1915 Ky. LEXIS 223 ( Ky. 1915 ) (decided under prior law).

Where man and daughter had maintained home and place of business for several years in one district, their legal residence was there, notwithstanding that man owned a house and a business property in another district. Matney v. Elswick, 242 Ky. 183 , 45 S.W.2d 1046, 1932 Ky. LEXIS 240 ( Ky. 1932 ) (decided under prior law).

Elderly woman had legal residence at home of married daughter where she resided most of the time, although she spent some time with other children. Prewitt v. Wilson, 242 Ky. 231 , 46 S.W.2d 90, 1932 Ky. LEXIS 255 ( Ky. 1932 ) (decided under prior law).

Married college student who actually had resided in college town for more than a year, except for two short visits to Chicago, was a resident of Kentucky, although in conversations he had referred to Chicago as his home, and had expressed the intention to preach in a foreign country when he had finished college. Commonwealth v. Jewell, 248 Ky. 630 , 59 S.W.2d 565, 1933 Ky. LEXIS 290 ( Ky. 1933 ) (decided under prior law).

The fact that a citizen voted in a certain district in the previous year would not, of itself, have prevented him from voting in another district, provided his residence was then in the district where he attempted to vote, and had been there for the required length of time. Branham v. Branham, 276 Ky. 767 , 125 S.W.2d 225, 1939 Ky. LEXIS 577 ( Ky. 1939 ) (decided under prior law).

Voter who owned realty and a few household goods and kept a garden in a district, but worked and spent most of her time in another district, was not entitled to vote in the first district. Branham v. Branham, 276 Ky. 767 , 125 S.W.2d 225, 1939 Ky. LEXIS 577 ( Ky. 1939 ) (decided under prior law).

4. Intent.

Though a voter may have had a home or owned property in a certain district, yet, if he left there and took up an actual residence elsewhere with the intention of remaining there indefinitely, he became a legal voter at the place where he lived, and could not vote at his former home. Matney v. Elswick, 242 Ky. 183 , 45 S.W.2d 1046, 1932 Ky. LEXIS 240 ( Ky. 1932 ) (decided under prior law).

A mere floating intention to establish a residence at some future time without any present means of determining or approximating such time was not sufficient. Thompson v. Emmert, 242 Ky. 415 , 46 S.W.2d 502, 1932 Ky. LEXIS 279 ( Ky. 1932 ) (decided under prior law).

A person who took up an actual residence in a voting district with the intention of remaining there indefinitely became a legal voter, although he may have retained ownership of land in district where he formerly lived and may have intended to return there at some indefinite future time. Collins v. Casebolt, 276 Ky. 787 , 125 S.W.2d 737, 1939 Ky. LEXIS 599 ( Ky. 1939 ) (decided under prior law).

5. Change of Residence.

Married man who moved his family to another state, with intention to remain there permanently, lost his Kentucky residence although he later changed his mind and returned to his original county. Edwards v. Logan, 114 Ky. 312 , 70 S.W. 852, 75 S.W. 257, 24 Ky. L. Rptr. 1099 , 25 Ky. L. Rptr. 435 , 1902 Ky. LEXIS 164 ( Ky. 1902 ) (decided under prior law).

Where tenant family left county with intention of obtaining employment and establishing residence in another county, but were unable to obtain employment and after moving around for a month finally returned to the original county and rented another piece of land there, their original residence in such county was lost by their removal with intention not to return. Woods v. Blair, 222 Ky. 201 , 300 S.W. 597, 1927 Ky. LEXIS 892 ( Ky. 1927 ) (decided under prior law).

Voter who left the district, married a nonresident, left him without getting a divorce, and returned to the district less than six (6) months before election, was not eligible to vote in the district. Branham v. Branham, 276 Ky. 767 , 125 S.W.2d 225, 1939 Ky. LEXIS 577 ( Ky. 1939 ) (decided under prior law).

In proceedings to contest a school board election, where the evidence established that three (3) challenged voters, who had voted for the contestee, had formerly lived and were registered voters in the district, but that about a year and a half prior to the election they had moved to another district with no intention of returning to their former home at any definite time and whose absence from their former district was not for temporary purposes, the said voters were not residents of the district within the meaning of this section. Gambrell v. Parker, 261 S.W.2d 447, 1953 Ky. LEXIS 1024 ( Ky. 1953 ) (decided under prior law).

Person who moved into a residence outside of division of school district and lived therein for three years was not a resident of the division of the school district although he had always theretofore lived in division, was registered there and expressed an intention to retain his residence therein. Moore v. Tiller, 409 S.W.2d 813, 1966 Ky. LEXIS 74 ( Ky. 1966 ) (decided under prior law).

6. Temporary Absence.

Where man left his home and established a home elsewhere, not for the purpose of performing a particular service or of doing a particular job for another, or engaging in business for a limited time, but with the purpose of engaging in business or obtaining employment for an indefinite period, and remained away for several years, and did not return except for the purpose of voting, it could not be said that he was absent for a temporary purpose. Matney v. Elswick, 242 Ky. 183 , 45 S.W.2d 1046, 1932 Ky. LEXIS 240 ( Ky. 1932 ) (decided under prior law).

If a voter actually lived in one district, he could not vote in another, unless his living in the former district was merely for a temporary purpose. Matney v. Elswick, 242 Ky. 183 , 45 S.W.2d 1046, 1932 Ky. LEXIS 240 ( Ky. 1932 ) (decided under prior law).

Where wife and husband lived outside voting district and returned to district to home of husband’s mother only when he was out of work they were temporarily absent from their home outside district and not from district and thus they could not vote in the district. Matney v. Elswick, 242 Ky. 183 , 45 S.W.2d 1046, 1932 Ky. LEXIS 240 ( Ky. 1932 ) (decided under prior law).

Where wife and son of a married man had lived with him for three years in a certain precinct, the fact that they had never voted there and that they had left some of their household goods in the precinct in which they had formerly lived, and intended to return to their former place of residence at some indefinite time in the future, was not sufficient to establish that their absence from the latter precinct was merely for a temporary purpose. Matney v. Elswick, 242 Ky. 183 , 45 S.W.2d 1046, 1932 Ky. LEXIS 240 ( Ky. 1932 ) (decided under prior law).

In cases involving questions of residence, the facts must control, and not what the voter says about being absent for a temporary purpose. Matney v. Elswick, 242 Ky. 183 , 45 S.W.2d 1046, 1932 Ky. LEXIS 240 ( Ky. 1932 ) (decided under prior law).

Temporary removal of man and wife from district where they had a farm and home, for purpose of placing children in school in another district, did not deprive them of their original residence. Thompson v. Emmert, 242 Ky. 415 , 46 S.W.2d 502, 1932 Ky. LEXIS 279 ( Ky. 1932 ) (decided under prior law).

If an absence depended upon the completion of some temporary task, or upon the discharge of some duty of a temporary nature, the time fixed for a return to the domicile was sufficiently definite. Thompson v. Emmert, 242 Ky. 415 , 46 S.W.2d 502, 1932 Ky. LEXIS 279 ( Ky. 1932 ) (decided under prior law).

Where person left farm owned by him and moved to another district with intention to remain there as long as he could secure employment, he could not claim that his absence was for “temporary purposes.” Collins v. Casebolt, 276 Ky. 787 , 125 S.W.2d 737, 1939 Ky. LEXIS 599 ( Ky. 1939 ) (decided under prior law).

7. Absence for Purpose of Employment.

A single man who left his home in Kentucky and went to Indiana to work, with the stated intention of returning to his home in Kentucky, and who did return to his home after a few months, did not lose his Kentucky residence. Edwards v. Logan, 114 Ky. 312 , 70 S.W. 852, 75 S.W. 257, 24 Ky. L. Rptr. 1099 , 25 Ky. L. Rptr. 435 , 1902 Ky. LEXIS 164 ( Ky. 1902 ) (decided under prior law).

Fact that school teacher taught school for many years in another county did not deprive her of residence in the county where she had a house in which she resided during vacations, and which she had always regarded as her home. Penny v. McRoberts, 163 Ky. 313 , 173 S.W. 786, 1915 Ky. LEXIS 223 ( Ky. 1915 ) (decided under prior law).

Nurse who was in precinct temporarily for purpose of nursing an invalid, and who intended to return to her home when her services were no longer required, was not a resident of the precinct. Penny v. McRoberts, 163 Ky. 313 , 173 S.W. 786, 1915 Ky. LEXIS 223 ( Ky. 1915 ) (decided under prior law).

Absence of voter from state for period of six months, during which he visited his son and was temporarily employed, did not deprive him of his residence when he returned to his home where his wife and children had remained, and resumed his habitation there. Penny v. McRoberts, 163 Ky. 313 , 173 S.W. 786, 1915 Ky. LEXIS 223 ( Ky. 1915 ) (decided under prior law).

Absence from precinct for work during summer was a temporary absence not depriving voter of residence. Prewitt v. Wilson, 242 Ky. 231 , 46 S.W.2d 90, 1932 Ky. LEXIS 255 ( Ky. 1932 ) (decided under prior law).

Temporary removal for purpose of making a crop on a rented farm, with intention to return to home when crop was harvested, did not deprive voter of residence, although home was burned during absence and had not been rebuilt at time of election. Thompson v. Emmert, 242 Ky. 415 , 46 S.W.2d 502, 1932 Ky. LEXIS 279 ( Ky. 1932 ) (decided under prior law).

8. Evidence.

Testimony of voter as to his intention in establishing residence was sufficient in absence of other proof. Penny v. McRoberts, 163 Ky. 313 , 173 S.W. 786, 1915 Ky. LEXIS 223 ( Ky. 1915 ) (decided under prior law).

An affidavit filed by voter in a police court investigation stating that he was a resident of a certain district was not sufficient to overcome his testimony in election contest, supported by other evidence, that he was a resident of another district. Thompson v. Emmert, 242 Ky. 415 , 46 S.W.2d 502, 1932 Ky. LEXIS 279 ( Ky. 1932 ) (decided under prior law).

Testimony that voter had always “claimed” her home to be with her mother in a certain school subdistrict was not sufficient, alone, to establish her residence there for voting purposes. Branham v. Branham, 276 Ky. 767 , 125 S.W.2d 225, 1939 Ky. LEXIS 577 ( Ky. 1939 ) (decided under prior law).

The fact that a person’s name was on the registration records of a certain county was not conclusive evidence that he was a resident of that county, for the purpose of determining the venue of an action against him. Williams v. Sanders, 293 Ky. 216 , 168 S.W.2d 552, 1942 Ky. LEXIS 9 ( Ky. 1942 ) (decided under prior law).

While state and county officials could require proof of domicile, each registration applicant should have been asked the same questions regardless of occupation; the questions should have reasonably related to proof of domicile; nothing could be presumed or implied from the fact that a registration applicant was a student; and the state and county officials could not impose additional or special criteria for proof of domicile upon university students. Bright v. Baesler, 336 F. Supp. 527, 1971 U.S. Dist. LEXIS 10169 (E.D. Ky. 1971 ) (decided under prior law).

9. Precinct.

The fact that a voter had illegally voted in a precinct other than that of his residence would not deprive him of the right to vote at subsequent elections in the precinct of his residence. Penny v. McRoberts, 163 Ky. 313 , 173 S.W. 786, 1915 Ky. LEXIS 223 ( Ky. 1915 ) (decided under prior law).

The mere ownership of property in a voting precinct gave no right to vote in that precinct. Penny v. McRoberts, 163 Ky. 313 , 173 S.W. 786, 1915 Ky. LEXIS 223 ( Ky. 1915 ) (decided under prior law).

A voter may vote only in the precinct in which he resides, but if the boundary lines of a precinct are not definitely fixed or ascertainable so there is doubt as to which precinct the voter lives in, he may select which precinct he will vote in and his vote will be accepted there, but once having made the selection he must abide by it. Stice v. Parsley, 217 Ky. 653 , 290 S.W. 471, 1926 Ky. LEXIS 109 ( Ky. 1926 ) (decided under prior law).

Where location of boundary line was in doubt, and certain voters living near boundary had always voted in one precinct, they would be permitted to continue to vote there. Thompson v. Emmert, 242 Ky. 415 , 46 S.W.2d 502, 1932 Ky. LEXIS 279 ( Ky. 1932 ) (decided under prior law).

Cited:

Noble v. Meagher, 686 S.W.2d 458, 1985 Ky. LEXIS 207 ( Ky. 1985 ).

Opinions of Attorney General.

A person who, along with his family, moved from Kentucky to Ohio where he was gainfully employed under a civil service program could not claim Kentucky as his legal residence for the purpose of registering and voting. OAG 75-469 .

Where a candidate for the office of magistrate had been domiciled temporarily outside the magisterial district while a new home was being built within the confines of the district, the candidate would be qualified, as far as residency is concerned, to hold the office of magistrate. OAG 77-182 .

No individual can change his voting precinct to one other than the one in which he actually resides, and the fact that he may own property elsewhere is of no significance in determining legal residence. OAG 79-41 .

A person is eligible to run for a county board of education in the district in which he or she normally resides even though he or she has been temporarily forced to live outside the district by virtue of a casualty loss and repairs to the normal domicile. OAG 80-274 .

Where the husband of a woman seeking the office of property valuation administrator has leased a home in an adjoining county to meet residence requirements of his employment as policeman, the woman still meets county residence requirements under Ky. Const., § 100, even where she spends one-half of her time at her husband’s residence, since she continues to hold herself out as resident of county in which she resides, remains a registered voter of that county, and her children remained enrolled in the county schools; thus, she did not, under this section, lose her residence due to temporary absences since she had no intention of permanently leaving. OAG 81-105 .

116.037. Designation of precincts in area ceded or leased to the government of the United States.

In each county having within its boundaries a geographical area which has been ceded or leased to the government of the United States, the county clerk shall designate the precincts to which voters claiming Kentucky residence for voting purposes shall be assigned. If the ceded or leased territory extends beyond a single county, the county clerk in each county encompassing a part of the territory shall assign voters to the appropriate precincts. In making the assignments of absentee voters in any county that contains all or portions of more than one (1) congressional or state legislative district, any advantage shall be given to the district containing the largest territory.

History. Enact. Acts 1990, ch. 48, § 12, effective July 13, 1990.

116.040. County board of election commissioners — Membership — Qualification — Vacancies. [Repealed.]

Compiler’s Notes.

This section (1596a-2: amend. Acts 1956 (1st Ex. Sess.), ch. 5, § 2A; 1962, ch. 183) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.035 .

116.045. Voter registration, transfer, or change of party affiliation — Availability of forms.

  1. Any person may register as a voter during the period registration is open if he or she possesses, or will possess on the day of the next regular election, the qualifications set forth in KRS 116.025 .
  2. The county clerk shall cause all registration to be closed the fourth Tuesday preceding through the first Monday following any primary or general election, and the twenty-eight (28) days prior to and seven (7) days following any special election. If the last day of registration falls on a state or federal holiday, the period runs until the end of the next day which is not a Saturday or Sunday nor a state or federal holiday. During the period that registration is closed, the county clerk may accept and process registrations. Any voter who registers during the period that registration is closed, except for any registered voter who transfers his or her registration pursuant to KRS 116.085(2) or (3), shall not be permitted to vote in the upcoming election.
  3. In all counties, the county clerk shall receive registrations, transfers, or changes of party affiliation at branch offices at any place in the county during those periods that the registration books are open except for those transfers pursuant to KRS 116.085(2) or 116.085(3). However, notice in the manner provided by KRS Chapter 424 shall be given at least three (3), but not more than fourteen (14), days in advance of the time and place of any branch registration, and ten (10) days’ written notice shall be given to the county executive committee of each major political party in the county in which the branch registration is to be held.
  4. Any person may register to vote or may change his or her party affiliation in any of the following ways:
    1. In person;
    2. By mail;
    3. By means of the federal post card application, if the person is a resident of Kentucky and a member of the Armed Forces, or a dependent of members of the Armed Forces, or overseas citizen;
    4. By mail-in application form prescribed by the Federal Election Commission pursuant to the National Voter Registration Act of 1993; or
    5. By other methods of registration, or reregistration, approved by the State Board of Elections, including the use of voluntary interested groups and political parties, under the proper supervision and directions of the county clerk, which may include door to door canvassing.
  5. Upon receipt of the form prescribed by the State Board of Elections or the Federal Election Commission pursuant to the National Voter Registration Act of 1993, properly filled out and signed by the applicant, the county clerk shall register the applicant.
  6. Any individual or group shall have access to a reasonable number of voter registration forms including the mail-in application form prescribed by the Federal Election Commission pursuant to the National Voter Registration Act of 1993 in the county clerk’s office. The individual or group shall act under the proper supervision and directions of the county clerk and shall return these completed forms to the county clerk for official registration by the county clerk.
  7. No later than December 31, 1994, the Transportation Cabinet shall equip all driver’s license agencies to comply with the provisions of the National Voter Registration Act of 1993. The Secretary of State shall provide assistance and interpretation to the Transportation Cabinet in determining the requirements of the National Voter Registration Act of 1993.
  8. The county clerk shall enter the specific party identification of the voter with a political party, political organization, or political group as defined in KRS 118.015 , or independent status, as indicated by the voter on the voter registration form, into the statewide voter registration system. The State Board of Elections shall promulgate regulations under KRS Chapter 13A to provide for tracking of the registration of voters identifying with political organizations and political groups as defined in KRS 118.015 , and voters of independent status.

History. Enact. Acts 1974, ch. 130, § 4; 1976, ch. 30, § 1; 1980, ch. 136, § 1, effective July 15, 1980; 1980, ch. 188, § 99, effective July 15, 1980; 1982, ch. 394, § 4, effective July 15, 1982; 1988, ch. 42, § 2, effective July 15, 1988; 1988, ch. 341, § 21, effective July 15, 1988; 1990, ch. 48, § 3, effective July 13, 1990; 1994, ch. 393, § 5, effective January 1, 1995; 1996, ch. 195, § 2, effective July 15, 1996; 2002, ch. 63, § 3, effective July 15, 2002.

NOTES TO DECISIONS

1. Nature of Registration Laws.

The provisions of registration laws must be uniform, reasonable and impartial, and must not deny or abridge the constitutional right of suffrage, nor unnecessarily impede that right. Perkins v. Lucas, 197 Ky. 1 , 246 S.W. 150, 1922 Ky. LEXIS 633 ( Ky. 1 922), overruled in part, D & W Auto Supply v. Department of Revenue, 602 S.W.2d 420, 1980 Ky. LEXIS 243 ( Ky. 1980 ), overruled on other grounds, D & W Auto Supply v. Department of Revenue, 602 S.W.2d 420, 1980 Ky. LEXIS 243 ( Ky. 1980 ) (decided under prior law).

A registration law must give the voter a reasonable opportunity to register. Perkins v. Lucas, 197 Ky. 1 , 246 S.W. 150, 1922 Ky. LEXIS 633 ( Ky. 1 922), overruled in part, D & W Auto Supply v. Department of Revenue, 602 S.W.2d 420, 1980 Ky. LEXIS 243 ( Ky. 1980 ), overruled on other grounds, D & W Auto Supply v. Department of Revenue, 602 S.W.2d 420, 1980 Ky. LEXIS 243 ( Ky. 1980 ) (decided under prior law).

Ky. Const., § 147 authorized laws making registration a prerequisite to the right to vote. The only restriction was that the legislature could not impose any qualification for the privilege of registering that was not imposed by Ky. Const., § 145 for the privilege of voting. Perkins v. Lucas, 197 Ky. 1 , 246 S.W. 150, 1922 Ky. LEXIS 633 ( Ky. 1 922). See Yates v. Collins, 118 Ky. 682 , 82 S.W. 282, 26 Ky. L. Rptr. 558 , 26 Ky. L. Rptr. 930 , 1904 Ky. LEXIS 89 (Ky. Ct. App. 1904); Early v. Rains, 121 Ky. 439 , 106 Mo. App. 684, 89 S.W. 289, 28 Ky. L. Rptr. 415 , 1905 Ky. LEXIS 224 ( Ky. 1905 ) (decided under prior law).

A registration law was valid if it fairly and reasonably secured to qualified citizens the privilege of voting. Poston v. Daily, 210 Ky. 649 , 276 S.W. 554, 1925 Ky. LEXIS 746 ( Ky. 1925 ) (decided under prior law).

Registration was the method of proof by a public record for ascertaining and identifying the electors residing in each precinct who were qualified to cast votes in the election each year. It was a part of the machinery of elections. Board of Registration Comm'rs v. Campbell, 251 Ky. 597 , 65 S.W.2d 713, 1933 Ky. LEXIS 925 ( Ky. 1933 ) (decided under prior law).

2. Duties of Registration Officials.

When ascertaining the qualifications, the identity, and determining the right of an elector to register or change his registration, the duties of the registration officials were mandatory and could not be delegated to others. Board of Registration Comm'rs v. Campbell, 251 Ky. 597 , 65 S.W.2d 713, 1933 Ky. LEXIS 925 ( Ky. 1933 ) (decided under prior law).

3. Domicile.

While state and county officials could require proof of domicile, each registration applicant should have been asked the same questions regardless of occupation; the questions should have reasonably related to proof of domicile; nothing could be presumed or implied from the fact that a registration applicant was a student; and state and county officials could not impose additional or special criteria for proof of domicile upon university students. Bright v. Baesler, 336 F. Supp. 527, 1971 U.S. Dist. LEXIS 10169 (E.D. Ky. 1971 ) (decided under prior law).

4. Time of Registration.

Under law which provided for one registration day in October of each year, and required a special registration before a special election to enable persons not previously registered to register for the special election, failure of county judge to make provision for special registration preceding local option election invalidated election. Early v. Rains, 121 Ky. 439 , 106 Mo. App. 684, 89 S.W. 289, 28 Ky. L. Rptr. 415 , 1905 Ky. LEXIS 224 ( Ky. 1905 ). See De Haven v. Bowmer, 125 Ky. 800 , 102 S.W. 306, 31 Ky. L. Rptr. 416 , 1907 Ky. LEXIS 336 ( Ky. 1907 ) (decided under prior law).

The provisions of the law as to the time and place of registration were mandatory. Taylor v. Betts, 141 Ky. 138 , 132 S.W. 162, 1910 Ky. LEXIS 409 ( Ky. 1910 ) (decided under prior law).

Law providing only one registration day each year was unconstitutional, because it did not make adequate provision for voting at special elections, or for those persons unable to attend on the registration day. Perkins v. Lucas, 197 Ky. 1 , 246 S.W. 150, 1922 Ky. LEXIS 633 ( Ky. 1 922). See Early v. Rains, 121 Ky. 439 , 106 Mo. App. 684, 89 S.W. 289, 28 Ky. L. Rptr. 415 , 1905 Ky. LEXIS 224 ( Ky. 1905 ) (decided under prior law).

The law did not require that registration books be closed 59 days, under former law prior to special elections, such as local option elections. Fletcher v. Hampton, 275 Ky. 250 , 121 S.W.2d 33, 1938 Ky. LEXIS 402 ( Ky. 1938 ) (decided under prior law).

Voters may have registered on the day of a special election, such as a local option election, and voted in that election, if the election was not held within the former 59-day period preceding a primary or general election. Bauer v. Wakefield, 299 Ky. 42 , 184 S.W.2d 222, 1944 Ky. LEXIS 1017 ( Ky. 1944 ) (decided under prior law).

5. Absentee Registration.

Section permitting voters to register by absentee application or by appearing at a designated office or branch office authorized any legal voter to register by absentee application and such section was not intended to apply merely to those persons who would be absent voters. Board of Registration Comm'rs v. Hallahan, 485 S.W.2d 759, 1972 Ky. LEXIS 142 ( Ky. 1972 ) (decided under prior law).

Cited:

Board of Elections v. Board of Education, 635 S.W.2d 324, 1982 Ky. App. LEXIS 221 (Ky. Ct. App. 1982).

Opinions of Attorney General.

An individual can come into Kentucky, take up residence in a particular precinct and immediately register to vote if he will satisfy, on the day of the next regular election, the 30-day residential requirement found in KRS 116.025 . OAG 74-640 .

A registered voter who moves from one precinct in the county to another more than 30 days before the election but fails to notify the county clerk of his change of residence until after the registration books have closed cannot vote in his new precinct, although he may attempt to vote in his old precinct, assuming his name has not been purged and remains on the registration list when sent to the precinct. OAG 75-622 .

Although the county clerk is vested with reasonable discretion in determining whether or not registration forms are distributed to responsible individuals and organizations, the clerk cannot arbitrarily refuse, without good reason, any individual or group access to a reasonable number of blank registration forms. OAG 76-742 .

Registration forms can be accepted for registration purposes only during the period that the registration books are legally open, but distribution of blank forms is not restricted to a particular time or period during the year. OAG 76-742 .

Nothing under this section governs or restricts the manner of distributing the blank registration forms after they have been obtained from the clerk’s office pursuant to subsection (6) of this section, but the method of registration, outside of the clerk’s office or branch offices, must be approved by the State board as provided in subsection (4)(d) of this section. OAG 78-570 .

A change of political affiliation by a qualified voter is of no legal consequence with respect to his right to participate in any special or general election, which simply means that though a voter may be disqualified in the May primary from voting, he is not disqualified from participating in any special election. OAG 79-79 .

The provisions of this section and KRS 116.055 are not in conflict with each other with respect to the time at which a voter may change party affiliation without being disfranchised in the primary or general election, since this section provides for qualifications which a voter possesses or will possess on the day of the next regular election and KRS 116.055 governs voting in a primary election, which is not an election under the Kentucky Constitution but is merely a nominating procedure for the major parties. OAG 81-113 .

The authorization provided in this section for local distribution by the county clerk of blank voter registration cards to any individual or groups of individuals, would include the right of an individual who is running for political office to obtain a reasonable number of the registration cards, with the number to be determined by the clerk. OAG 81-255 .

Only those persons who can qualify to vote may register to vote, which excludes any person who has been convicted of a felony and incarcerated in prison; as a consequence, if the recipients of certain requested voter registration applications are to be convicted felons incarcerated in prison, the county court clerk can legally refuse to comply with the request since the applicants would not be entitled to register and vote. OAG 83-411 .

A person is qualified to vote provided he meets the constitutional qualifications enumerated under Const., § 145 as modified by the Supreme Court of the United States and as reflected in KRS 116.025 and the registration requirement found in this section. OAG 85-131 .

A voter is not registered until the county clerk actually makes the entry in the voter registration roll. If the petitioner’s registration had not been recorded by the clerk when the petition was signed, the signature cannot be counted. OAG 92-132 .

Acts 1994, Ch. 393, legislation enacting the requirements of the National Voter Registration Act of 1993 will take effect on January 1, 1995, the date the National Voter Registration Act will take effect with respect to Kentucky. OAG 94-42 .

116.0452. Standards for timely receipt of voter registration application — Removal of names from registration books — Confidentiality of registration location.

  1. For the purpose of determining whether a voter registration application is received during the period in which registration books are open under KRS 116.045(2), an application shall be deemed timely received:
    1. In the case of registration with a motor vehicle driver’s license application, if the valid voter registration form of the applicant is accepted by the Transportation Cabinet before the registration books are closed;
    2. In the case of registration by mail, if the valid voter registration form of the applicant is legibly postmarked before the registration books are closed;
    3. In the case of registration with a voter registration agency, if the valid voter registration form of the applicant is accepted at the voter registration agency before the registration books are closed; and
    4. In any other case, if the valid voter registration form of the applicant is received by the appropriate county clerk, no later than 4 p.m. local time, before the registration books are closed.
  2. The county clerk shall send notice to each applicant of the disposition of the application.
  3. The name of a registered voter shall not be removed from the registration books except:
    1. Upon request of the voter;
    2. As provided by KRS 116.113 , upon notice of death, declaration of incompetency, or conviction of a felony; or
    3. Upon failure to respond to a confirmation mailing sent pursuant to KRS 116.112(3) and failure to vote or appear to vote and, if necessary, correct the registration record of the voter’s address in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election for Federal office that occurs after the date of the notice.
  4. The identity of the voter registration agency or Transportation Cabinet office through which any particular voter is registered shall not be disclosed to the public.

History. Enact. Acts 1994, ch. 393, § 3, effective January 1, 1995; 1996, ch. 195, § 3, effective July 15, 1996; 2002, ch. 63, § 4, effective July 15, 2002; 2016 ch. 62, § 3, effective July 15, 2016; 2020 ch. 51, § 34, effective March 27, 2020.

116.0455. Voter registration through motor vehicle driver’s license application.

    1. Each motor vehicle driver’s license application, including any renewal application, submitted to the appropriate motor vehicle authority shall serve as an application for voter registration unless the applicant fails to sign the voter registration application. (1) (a) Each motor vehicle driver’s license application, including any renewal application, submitted to the appropriate motor vehicle authority shall serve as an application for voter registration unless the applicant fails to sign the voter registration application.
    2. An application for voter registration submitted under paragraph (a) of this subsection shall be considered as updating any previous voter registration by the applicant.
  1. No information relating to the failure of an applicant for a motor vehicle driver’s license to sign a voter registration application may be used for any purpose other than voter registration.
    1. The Transportation Cabinet shall include a voter registration application form as part of an application for a motor vehicle driver’s license. (3) (a) The Transportation Cabinet shall include a voter registration application form as part of an application for a motor vehicle driver’s license.
    2. The voter registration application portion of an application for a motor vehicle driver’s license shall comply with the requirements of Section 5 of Public Law 103-31, the National Voter Registration Act of 1993.
  2. Any change of address form submitted for purposes of a motor vehicle driver’s license shall serve as notification of change of address for voter registration for the registrant involved unless the registrant states on the form that the change of address is not for voter registration purposes.
    1. A completed voter registration portion of an application for a motor vehicle driver’s license accepted by the Transportation Cabinet shall be transmitted to the county clerk of the county of the applicant’s voting residence not later than ten (10) days after the date of acceptance. (5) (a) A completed voter registration portion of an application for a motor vehicle driver’s license accepted by the Transportation Cabinet shall be transmitted to the county clerk of the county of the applicant’s voting residence not later than ten (10) days after the date of acceptance.
    2. If a voter registration application is accepted within five (5) days before the last day for registration to vote in an election, the application shall be transmitted to the county clerk of the county of the applicant’s voting residence not later than five (5) days after the date of acceptance.
  3. The Transportation Cabinet shall provide to the county clerk a declination statement signed by an applicant if the applicant has declined to register to vote.

History. Enact. Acts 1994, ch. 393, § 1, effective January 1, 1995; 2002, ch. 63, § 5, effective July 15, 2002; 2020 ch. 51, § 35, effective March 27, 2020.

Compiler’s Notes.

Section 5 of Public Law 103-31, the National Voter Registration Act referred to in subsection (3)(b) of this section is compiled as 42 USCS § 1973gg-3.

Legislative Research Commission Note.

(7/15/94). In Attorney General Opinion 94-42, it was concluded that 1994 Ky. Acts ch. 393, which enacted this statute “will take effect on January 1, 1995, the date the National Voter Registration Act will take effect with respect to Kentucky.”

Opinions of Attorney General.

Acts 1994, Ch. 393, legislation enacting the requirements of the National Voter Registration Act of 1993 will take effect on January 1, 1995, the date the National Voter Registration Act will take effect with respect to Kentucky. OAG 94-42 .

116.046. Voter registration forms for high school students — Public education program.

  1. The county clerk shall provide voter registration forms to each principal or assistant principal of every public high school, each area vocational school, and upon request, private schools, who shall designate a person in each school who shall be responsible for informing students and school personnel of the availability of the registration forms and assist them in properly registering. The completed forms shall be returned to the county clerk, for official registration by the county clerk.
  2. Any person designated to assist in registration in subsection (1) of this section shall fulfill this responsibility in an impartial and fair manner and shall not recruit a registrant for any particular party.
  3. The State Board of Education shall implement programs of public education regarding elections, voting procedures, and election fraud, which shall include an audio-visual presentation for high school juniors and seniors. The State Board of Education, after consultation with the State Board of Elections, shall update the public education programs required by this section as relevant statutory changes occur, as different types of voting machines are used, or as more effective methods of presentation shall be developed.

History. Enact. Acts 1988, ch. 341, §§ 5, 6, effective July 15, 1988; 1990, ch. 48, § 4, effective July 13, 1990.

116.047. Forgery, alteration, destruction or failure to return completed registration form.

Any individual who forges or fraudulently alters a form completed by the prospective registrant, who willfully destroys a completed registration form or who willfully fails to return a completed form to the county clerk for official registration by the county clerk shall be subject to the penalties described for Class D felonies.

History. Enact. Acts 1976, ch. 30, § 2.

Research References and Practice Aids

Cross-References.

Class D felony, term of imprisonment, KRS 532.060 .

Class D felony, fines, KRS 534.030 .

116.048. Voter registration agencies.

  1. The following agencies are designated as voter registration agencies in accordance with the National Voter Registration Act of 1993:
    1. Agencies that provide benefits under public assistance under Title IV-A of the Federal Social Security Act, the Special Supplemental Food Program for Women, Infants, and Children, the Kentucky Medical Assistance Program, or the Food Stamps Program;
    2. Armed Forces recruitment offices;
    3. Other agencies as the Secretary of State shall determine to be providing public assistance; and
    4. Other agencies as the Secretary of State shall determine to be state-funded programs primarily engaged in providing services to persons with disabilities.
  2. A voter registration agency that provides service or assistance in conducting voter registration shall:
    1. Distribute with each application for its service or assistance, and with each recertification, renewal, or change of address form, the office’s own voter registration application form that complies with the requirements of Section 7 of Public Law 103-31, the National Voter Registration Act of 1993;
    2. Provide a form that includes:
      1. The question, “If you are not registered to vote where you live now, would you like to apply to register to vote here today?”;
      2. If the agency provides public assistance, the statement, “Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.”;
      3. Boxes for the applicant to check to indicate whether the applicant would like to register or declines to register to vote (failure to check either box being deemed to constitute a declination to register for purposes of paragraph (c) of this subsection), together with the statement in close proximity to the boxes and in prominent type, “IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.”;
      4. The statement, “If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application form in private.”; and
      5. The statement, “If you believe that someone has interfered with your right to register or to decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to choose your own political party or other political preference, you may file a complaint with  _________ .”, the blank being filled by the name, address, and telephone number of the appropriate official to whom a complaint should be addressed; and
    3. Provide to each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the registration application form as is provided by the office with regard to the completion of its own forms, unless the applicant refuses assistance.
    1. At each voter registration agency, the following services shall be made available: (3) (a) At each voter registration agency, the following services shall be made available:
      1. Distribution of mail voter registration forms;
      2. Assistance to applicants in completing voter registration application forms, unless the applicant refuses assistance; and
      3. Acceptance of completed voter registration application forms for transmittal to the county clerk of the county of the applicant’s voting residence.
    2. If a voter registration agency designated under subsection (1)(d) of this section provides services to a person with a disability at the person’s home, the agency shall provide the services described in paragraph (a) of this subsection at the person’s home.
  3. A person who provides services described in subsection (3) of this section shall not:
    1. Seek to influence an applicant’s political preference or party registration;
    2. Display any material indicating the person’s political preference or party allegiance;
    3. Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote; or
    4. Make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register to vote has any bearing on the availability of services or benefits.
  4. The State Board of Elections may designate requirements for record keeping and document retention it deems necessary to comply with the National Voter Registration Act of 1993 and the provisions of this chapter.
    1. A completed registration application accepted at a voter registration agency shall be transmitted to the county clerk of the county of the applicant’s voting residence or the State Board of Elections not later than ten (10) days after the date of acceptance. (6) (a) A completed registration application accepted at a voter registration agency shall be transmitted to the county clerk of the county of the applicant’s voting residence or the State Board of Elections not later than ten (10) days after the date of acceptance.
    2. If a registration application is accepted within five (5) days before the last day for registration to vote in an election, the application shall be transmitted to the county clerk of the county of the applicant’s voting residence or the State Board of Elections not later than five (5) days after the date of acceptance.

History. Enact. Acts 1994, ch. 393, § 2, effective January 1, 1995; 1998, ch. 100, § 5, effective July 15, 1998.

Legislative Research Commission Note.

(7/15/94). In Attorney General Opinion 94-42, it was concluded that 1994 Ky. Acts ch. 393, which enacted this statute “will take effect on January 1, 1995, the date the National Voter Registration Act will take effect with respect to Kentucky.”

Opinions of Attorney General.

Acts 1994, Ch. 393, legislation enacting the requirements of the National Voter Registration Act of 1993 will take effect on January 1, 1995, the date the National Voter Registration Act will take effect with respect to Kentucky. OAG 94-42 .

116.049. Voter registration card. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 30, § 3; 1980, ch. 117, § 1, effective July 15, 1980) was repealed by Acts 1990, ch. 48, § 95, effective July 13, 1990.

116.050. Secretary of county board — Records — Quorum — Chairman — Notice of meetings. [Repealed.]

Compiler’s Notes.

This section (1596a-2) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.035 .

116.055. Qualifications for voting in a primary.

  1. Before a person shall be qualified to vote in a primary, he or she:
    1. Shall possess all the qualifications required of voters in a regular election;
    2. Shall have been a registered member of the party in whose primary he or she seeks to vote on December 31 immediately preceding the primary; and
    3. Shall have remained continuously registered as a member of that party in whose primary he or she seeks to vote between December 31 immediately preceding the primary and the date set for the primary.
  2. In the case of a new registration made after December 31 immediately preceding the primary, a voter shall have registered and remained continuously registered as a member of the party in whose primary he or she seeks to vote from the date of registration until the date set for the primary.
  3. Any voter who withdraws his or her registration after December 31 immediately preceding the primary, and reregisters as a voter with a different party affiliation, during those periods that the registration books are open immediately preceding the primary, shall not be eligible to vote in the upcoming primary.
  4. No person shall be allowed to vote for any party candidates or slates of candidates other than that of the party of which he or she is a registered member.
  5. The qualifications shall be determined as of the date of the primary, without regard to the qualifications or disqualifications as they may exist at the succeeding regular election, except that minors seventeen (17) years of age who will become eighteen (18) years of age on or before the day of the regular election shall be entitled to vote in the primary if otherwise qualified. However, any registered voter, whether registered as a member of a party, political organization, political group, or as an independent, shall be qualified to vote in a primary for candidates listed in all nonpartisan races.

History. Enact. Acts 1974, ch. 130, § 5; 1976, ch. 54, § 20, effective March 10, 1976; 1988, ch. 341, § 22, effective July 15, 1988; 1990, ch. 48, § 5, effective July 13, 1990; 1992, ch. 288, § 34, effective July 14, 1992; 1998, ch. 243, § 1, effective April 1, 1998; 2008, ch. 129, § 2, effective July 15, 2008; 2010, ch. 176, § 1, effective July 15, 2010; 2019 ch. 112, § 1, effective June 27, 2019.

Compiler’s Notes.

Section 14 of Acts 1998, ch. 243, stated: “The provisions of Section 1 of this Act shall be applied prospectively from the effective date of this Act. A voter who has changed political party affiliations on his voting registration record during the period beginning November 12, 1996, and ending at the close of business on the effective date of this Act shall be permitted to vote in the May, 1998 primary election for the political party with which the voter is affiliated on the effective date of this Act. A person who is not registered to vote on the effective date of this Act who completes a voter registration application during the period beginning with the effective date of this Act and ending at the close of business on April 27, 1998, shall be eligible to vote in the primary election to be held on May 26, 1998, if the person has registered as a member of a political party and has remained registered as a member of the same political party in whose primary election he seeks to vote since completing his voter registration applications.”

NOTES TO DECISIONS

1. In General.

The provisions of the constitution relating to elections do not restrict the Legislature in fixing the qualifications of voters in primary elections. Black v. Spillman, 185 Ky. 201 , 215 S.W. 28, 1919 Ky. LEXIS 269 ( Ky. 1919 ) (decided under prior law).

2. Constitutionality.

This section is constitutional in that it does not violate voters’ equal protection rights and is a proper means for the commonwealth to protect against “party raiding.” Richardson v. State Bd. of Elections, 697 F. Supp. 295, 1988 U.S. Dist. LEXIS 15697 (W.D. Ky. 1988 ) (decided under prior law).

3. Application.

Former similar section dealt only with qualifications of voters at a primary election and had no application for the purpose of attacking the qualifications of electors who filed affidavits supporting the notification and declaration of a candidate for a place on a primary ballot. Brown v. Read, 311 Ky. 104 , 223 S.W.2d 592, 1949 Ky. LEXIS 1074 ( Ky. 1949 ) (decided under prior law).

4. Crossover Voting.

Where a registered Republican, acting as a Democratic precinct clerk, voted in a Democratic primary for county-judge executive, such vote was fraudulent. Sims v. Atwell, 556 S.W.2d 929, 1977 Ky. App. LEXIS 826 (Ky. Ct. App. 1977) (decided under prior law).

5. Residency Requirement.

Where five persons who were not residents of a precinct voted therein in a primary election, but each was a county resident who would have been entitled to vote if a transfer of registration had been requested, the votes, though illegal, were not tainted with fraud. Sims v. Atwell, 556 S.W.2d 929, 1977 Ky. App. LEXIS 826 (Ky. Ct. App. 1977) (decided under prior law).

6. Voter Age.

The clear legislative intent of former similar section was to permit a person (otherwise qualified) to vote in the primary if he would reach the regular voting age by the time of the regular election. Jefferson County Board of Election Com. v. Russell, 323 S.W.2d 864, 1959 Ky. LEXIS 347 ( Ky. 1959 ) (decided under prior law).

The basic age for voters in primaries is now 18. Jefferson County Board of Election Com. v. Russell, 323 S.W.2d 864, 1959 Ky. LEXIS 347 ( Ky. 1959 ) (decision prior to 1964 amendment).

7. Unqualified Voters.

Primary election will not be held void, although large number of unqualified persons voted, if such persons can be identified and it can be shown for whom they voted. Partin v. Jones, 250 Ky. 632 , 63 S.W.2d 790, 1933 Ky. LEXIS 749 ( Ky. 1933 ) (decided under prior law).

8. Registration as Party Member.

Registration by a voter as a member of a party is conclusive of his right to vote in the primary of that party. Heitzman v. Voiers, 155 Ky. 39 , 159 S.W. 625, 1913 Ky. LEXIS 189 ( Ky. 1913 ) (decided under prior law).

9. Change of Party.

Voter who was registered as a member of one party at time of last preceding general election cannot, by changing his registration before the primary, vote in the primary of another party. A voter who registers for the first time after a general election cannot, by changing his registration before the primary, vote in the primary of a party other than the one with which he affiliated when first registering. Glenn v. Gnau, 251 Ky. 3 , 64 S.W.2d 168, 1933 Ky. LEXIS 795 ( Ky. 1933 ) (decided under prior law).

10. Compulsory Revelation.

Where a penalty is provided for illegal voting, the voter may not be compelled to testify how he voted if he claims immunity. Heitzman v. Voiers, 155 Ky. 39 , 159 S.W. 625, 1913 Ky. LEXIS 189 ( Ky. 1913 ) (decided under prior law).

A legal voter in a primary may be compelled to testify how he voted. Glenn v. Gnau, 251 Ky. 3 , 64 S.W.2d 168, 1933 Ky. LEXIS 795 ( Ky. 1933 ) (decided under prior law).

11. Address.

Where streets of town were irregularly laid out and some had duplicating names, many voters did not live on a street, and most of houses were not numbered, so that designation of street address was in many cases impossible, failure to enter street address on registration records would not invalidate registrations. Stewart v. Wurts, 143 Ky. 39 , 135 S.W. 434, 1911 Ky. LEXIS 332 ( Ky. 1911 ) (decided under prior law).

12. Validity of Vote.

Failure of election officers to indicate on registration record the names of those who had voted would not invalidate the vote, such requirement being only directory. Ferguson v. Gregory, 216 Ky. 382 , 287 S.W. 952, 1926 Ky. LEXIS 935 ( Ky. 1926 ) (decided under prior law).

Cited:

Morris v. Jefferson County Clerk, 729 S.W.2d 444, 1987 Ky. LEXIS 214 ( Ky. 1987 ).

Opinions of Attorney General.

A person convicted of a felony and pardoned November 20, after which he re-registered as a voter and member of the Republican party, would be qualified to file a notification declaration paper for the May 27 primary as a candidate for sheriff under the Republican party pursuant to this section. OAG 75-21 .

Since this section requires that a voter, to be qualified to vote in a party primary, must have been registered as a member of that party at the time of the preceding general election, a voter registered as an independent may not qualify to vote in a May party primary by changing his registration unless such change is made before the preceding November election; this type of restriction has been held constitutional by the United States Supreme Court in a number of cases, including Rosario v. Rockefeller, 410 U.S. 752, 93 S. Ct. 1245, 36 L. Ed. 2d 1, 1973 U.S. LEXIS 92 (1973), rehearing denied, Rosario v. Rockefeller, 411 U.S. 959, 93 S. Ct. 1920, 36 L. Ed. 2d 419 (1973). OAG 75-271 .

Voter registered as an independent could not change his party affiliation to Republican or Democrat in February so as to qualify to vote in the May primary and thereby become eligible to be a candidate in the May primary under KRS 118.125 , which requires candidates to be qualified to vote under this section. OAG 76-78 .

Any voter who was a registered member of one of the two major political parties and was so registered as of the 1975 November election was eligible to vote in the succeeding primary of his party in May 1976, but a voter who changed his party affiliation after the November election would be disqualified from voting in the primary for candidates of either party. OAG 76-293 .

A registered Democrat who decides to run for office as an independent in the fall election may vote as a Democrat in the spring primary election prior to the next fall election so long as he was registered as a Democrat in the fall election preceding the spring primary and provided he remains registered as a Democrat through the spring primary. OAG 81-55 .

The provisions of KRS 116.045 and this section are not in conflict with each other with respect to the time at which a voter may change party affiliation without being disfranchised in the primary or general election, since KRS 116.045 provides for qualifications which a voter possesses or will possess on the day of the next regular election and this section governs voting in a primary election, which is not an election under the Kentucky Constitution but rather merely a nominating procedure for the major parties. OAG 81-113 .

Where one of the electors executing an affidavit on behalf of a candidate changed his party affiliation subsequent to the last November election, he is disqualified as a qualified elector for the primary election, since he must not only have been affiliated with the candidate’s party at the last November election but must also remain so affiliated under this section; thus, the candidate in question should withdraw his filing papers and execute one that complies with the statutory requirement since his papers are defective, but he may, upon notification under KRS 118.165 correct such error not later than 72 hours after the filing deadline; otherwise his name shall not be placed on the ballot. OAG 81-126 .

Where an individual changed his party affiliation from Democrat to Republican subsequent to the 1984 November election, he was disqualified from becoming a candidate in the May primary for either party; he could, however, change his registration back to that of Democrat and be qualified to seek nomination as a member of that party, or he could run as an independent. OAG 85-42 .

A candidate is eligible to run in the 1993 primary if he changed his party affiliation after the November 1992 election, and then switched back to his original party affiliation before filing to run in the primary. OAG 93-8 .

116.060. Compensation of county election commissioners. [Repealed.]

Compiler’s Notes.

This section (1596a-14) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.035 .

116.065. Verification of applications. [Effective until July 15, 2020]

Each application for registration, change of affiliation, transfer of registration or absentee ballot, as absentee ballots are provided for by KRS 117.085 shall be verified by a written declaration by the applicant that it is made under the penalties of perjury.

History. Enact. Acts 1974, ch. 130, § 6; 1982, ch. 360, § 37, effective July 15, 1982; 1992, ch. 296, § 1, effective July 14, 1992; 2019 ch. 112, § 3, effective June 27, 2019.

116.065. Verification of applications. [Effective July 15, 2020]

Each application for registration, change of affiliation, transfer of registration, federal provisional ballot, or absentee ballot or federal provisional absentee ballot, as absentee ballots and federal provisional absentee ballots are provided for by KRS 117.077 , KRS 117.085 , and KRS 117.229 shall be verified by a written declaration by the applicant that it is made under the penalties of perjury.

HISTORY: Enact. Acts 1974, ch. 130, § 6; 1982, ch. 360, § 37, effective July 15, 1982; 1992, ch. 296, § 1, effective July 14, 1992; 2019 ch. 112, § 3, effective June 27, 2019; 2020 ch. 89, § 3, effective July 15, 2020.

116.070. Regular election officers — Appointment — Term. [Repealed.]

Compiler’s Notes.

This section (1596a-3) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.045 .

116.075. Registration application form — Report to state board. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 7; 1982, ch. 394, § 5, effective July 15, 1982) was repealed by Acts 1990, ch. 48, § 95, effective July 13, 1990.

116.080. Qualifications of regular election officers — Removals — Vacancies. [Repealed.]

Compiler’s Notes.

This section (1596a-3) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.045 .

116.085. Transfer of registration — Change of residence — Name change.

  1. When a voter changes his place of residence to another location within the county, the clerk shall, upon application of the voter in person, by mail, or through the Transportation Cabinet, transfer the voter’s registration record to the proper precinct.
  2. When a registered voter changes his place of residence from one (1) precinct to another within the same county before the registration books are closed and fails to transfer his registration with the county clerk prior to the date the registration books are closed, the voter shall be permitted to update the voting records and to vote in the present election at the appropriate precinct for the current address upon affirmation of his current address and signing the precinct list as set forth in KRS 117.225 . Before being permitted to vote, the voter shall also confirm his identity as required in KRS 117.227 and complete the affidavit which is required to be completed by a voter whose right to vote has been challenged. The subscribed oaths shall be delivered to the county clerk and investigated in accordance with KRS 117.245 .
  3. When a registered voter changes his place of residence from one (1) precinct to another precinct within the same county after the registration books close, the voter shall be permitted to vote in the present election at the appropriate precinct for the current address upon affirmation of his current address and signing the precinct list as set forth in KRS 117.225 . Before being permitted to vote, the voter shall confirm his identity as required by KRS 117.227 and complete the affidavit which is required to be completed by a voter whose right to vote is challenged. The subscribed oaths shall be delivered to the county clerk and investigated in accordance with KRS 117.245 .
  4. When the boundaries of a precinct are changed by law, placing a registered voter in a new or different precinct, the clerk shall automatically transfer the voter’s registration record to the proper precinct and mail the voter a notice of the change.
  5. A voter who has changed his name may indicate the change at the precinct on election day by completing the form provided for this purpose by the State Board of Elections. The form shall be returned by the precinct officer to the county clerk who shall make the necessary change on the voter’s registration record.

History. Enact. Acts 1974, ch. 130, § 8; 1990, ch. 48, § 6, effective July 13, 1990; 1994, ch. 393, § 6, effective January 1, 1995; 2020 ch. 51, § 36, effective March 27, 2020.

Legislative Research Commission Note.

(7/15/94). In Attorney General Opinion 94-42, it was concluded that 1994 Ky. Acts ch. 393, which amended this statute “will take effect on January 1, 1995, the date the National Voter Registration Act will take effect with respect to Kentucky.”

NOTES TO DECISIONS

1. Annexation of Area.

Where area is annexed to first-class city voters who were registered voters of the county were entitled to have their registration transferred to the city without the necessity of re-registering. Board of Registration Comm'rs v. Warren, 313 Ky. 491 , 232 S.W.2d 345, 1950 Ky. LEXIS 903 ( Ky. 1950 ) (decided under prior law).

2. Records.

Pending the period of delay necessarily incident to the transfer of registration from one precinct to another, the registration records of the voters so transferring may be kept in a suspended file. Board of Registration Comm'rs v. Campbell, 251 Ky. 597 , 65 S.W.2d 713, 1933 Ky. LEXIS 925 ( Ky. 1933 ) (decided under prior law).

Cited:

Sims v. Atwell, 556 S.W.2d 929, 1977 Ky. App. LEXIS 826 (Ky. Ct. App. 1977).

Opinions of Attorney General.

The action taken by the Legislature in amending KRS 401.010 to delete “who is not a married woman” and enacting this section clearly indicates that it intended that a married woman may use the permissive statute to change her surname from that of her husband’s to her maiden name. OAG 74-902 .

A registered voter who moves from one precinct in the county to another more than 30 days before the election but fails to notify the county clerk of his change of residence until after the registration books have closed cannot vote in his new precinct, although he may attempt to vote in his old precinct, assuming his name has not been purged and remains on the registration list when sent to the precinct. OAG 75-622 .

A married woman may use her maiden name in registering to vote without going through any legal proceedings to change her name following marriage and be entitled to vote provided it is done in good faith and without fraudulent intent. OAG 77-239 .

Research References and Practice Aids

Treatises

Petrilli, Kentucky Family Law, Records and Proof of Ceremonial Marriage, § 9.1.

116.090. Primary election officers — Appointment of. [Repealed.]

Compiler’s Notes.

This section (1550-22) was repealed by Acts 1972, ch. 188, § 69.

116.095. Access to registration records — Redaction of Social Security numbers.

The county clerk shall permit any citizen, at all reasonable hours, to inspect or make copies of any registration record, without any fee. He or she shall, upon request, furnish to any citizen a copy of the registration records, for which he or she may charge necessary duplicating costs not to exceed fifty cents ($0.50) per page. If a registered voter’s Social Security number is included on his or her registration information, the Social Security number shall be redacted by the county clerk before it is duplicated and furnished to the citizen requesting the copy and before it is inspected or duplicated by the citizen.

History. Enact. Acts 1974, ch. 130, § 9; 1990, ch. 48, § 7, effective July 13, 1990; 2016 ch. 62, § 2, effective July 15, 2016.

Opinions of Attorney General.

The restrictions contained in subsection (3) (i) of KRS 117.025 in no way affect or restrict the provisions of this section. OAG 75-174 .

This section clearly requires the clerk to permit any citizen to inspect or make copies of individual registration records on file in the clerk’s office or be furnished copies of such records for a fee, which will, of course, include the worker’s social security number and signature contained thereon as required by KRS 116.155 . OAG 75-174 .

The County Clerk’s reliance on KRS 61.878(1)(a) as the basis for denying access to the voter assistance forms identified in the request was, with the exception of the protection it extends to social security numbers appearing on those forms, misplaced. The County Clerk should copy the voter assistance forms to which the requester requested access and permit him to inspect those copies after redacting the social security numbers appearing thereon. OAG 03-ORD-34.

116.100. Enforcement of provisions as to appointment of primary election officers. [Repealed.]

Compiler’s Notes.

This section (1550-22) was repealed by Acts 1972, ch. 188, § 69.

116.105. County clerk’s fees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 10; 1976, ch. 30, § 4; 1980, ch. 117, § 2, effective July 15, 1980) was repealed by Acts 1988, ch. 341, § 50, effective July 15, 1988.

116.110. Bona fide candidate defined — Bona fides questioned. [Repealed.]

Compiler’s Notes.

This section (1550-22) was repealed by Acts 1972, ch. 188, § 69.

116.112. Voter registration purge program — Inactive voter list.

  1. The State Board of Elections shall establish a voter registration purge program using the change-of-address information supplied by the United States Postal Service through its licensees or other sources to identify voters whose addresses may have changed.
  2. If it appears from information provided by the postal service or other sources that a voter has moved to a different address in the same county in which the voter is currently registered, the State Board of Elections shall provide to the county board of elections the information necessary to change the registration records to show the new address and the State Board of Elections shall send to the new address a notice of the change by forwardable mail on a form prescribed by the State Board of Elections and a postage prepaid, pre-addressed return form by which the voter may verify or correct the address information. If the county board of elections requests authorization from the State Board of Elections to send address confirmation notices as provided in this subsection, the State Board of Elections shall grant the request.
  3. If it appears from information provided by the postal service or other sources that a voter has moved to a different address not in the same county, the State Board of Elections shall send to the address from which the voter was last registered, by forwardable mail, a notice on a form prescribed by the State Board of Elections, with a postage prepaid and pre-addressed return card on which the voter may state his current address. If a county board of elections requests authorization from the state board to send address confirmation notices as provided in this subsection, the state board shall grant the request.
  4. The state or county boards of elections shall not remove the name of a voter from the registration records on the ground that the voter has changed his residence unless the voter:
    1. Confirms in writing that the voter has changed residence to a place outside the county; or
      1. Has failed to respond to the notice described in subsection (3) of this section; and (b) 1. Has failed to respond to the notice described in subsection (3) of this section; and
      2. Has not voted or appeared to vote and, if necessary, correct the registration records of the voter’s address in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election for Federal office that occurs after the date of the notice.

        If a county board of elections requests authorization from the state board to conduct purges of voters in its county in accordance with the provisions of this subsection, the state board shall grant the request.

  5. The State Board of Elections shall establish an inactive list of all voters who fail to respond to the notice described in subsection (3) of this section and do not vote or appear to vote in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election for Federal office that occurs after the date of the notice. If a county board of elections requests authorization from the state board to establish an inactive list of voters for its county, the state board shall grant the request.
  6. The State Board of Elections shall complete, not later than ninety (90) days prior to the date of a primary or general election, any program the purpose of which is to systematically remove the names of ineligible voters from the registration records.
  7. Voters placed on an inactive list are to be counted only for purposes of voting and not for purposes of establishing or modifying precincts, calculating the amount of reimbursement of county clerks by the State Board of Elections for certain election-related expenses, or reporting official statistics, except as provided by the Federal Election Commission’s regulations promulgated pursuant to the National Voter Registration Act of 1993.
    1. The State Board of Elections and county boards of elections shall maintain for at least two (2) years and shall make available for public inspection and, where available, photocopying at a reasonable cost, all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of the registration records, except to the extent that the records relate to the declination to register to vote or the identity of a voter registration agency through which any particular voter is registered. (8) (a) The State Board of Elections and county boards of elections shall maintain for at least two (2) years and shall make available for public inspection and, where available, photocopying at a reasonable cost, all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of the registration records, except to the extent that the records relate to the declination to register to vote or the identity of a voter registration agency through which any particular voter is registered.
    2. The records maintained pursuant to paragraph (a) of this subsection shall include lists of the names and addresses of all persons to whom notices described in subsection (3) are sent, and information concerning whether each person has responded to the notice as of the date that inspection of the records is made.

History. Enact. Acts 1988, ch. 341, § 7, effective July 15, 1988; 1990, ch. 48, § 8, effective July 13, 1990; 1994, ch. 393, § 7, effective January 1, 1995; 1996, ch. 195, § 1, effective July 15, 1996; 2002, ch. 63, § 6, effective July 15, 2002.

Legislative Research Commission Note.

(7/15/94). In Attorney General Opinion 94-42, it was concluded that 1994 Ky. Acts ch. 393, which amended this statute “will take effect on January 1, 1995, the date the National Voter Registration Act will take effect with respect to Kentucky.”

Opinions of Attorney General.

Acts 1994, Ch. 393, legislation enacting the requirements of the National Voter Registration Act of 1993 will take effect on January 1, 1995, the date the National Voter Registration Act will take effect with respect to Kentucky. OAG 94-42 .

116.113. Removal of voter’s name by state board upon notice of death, declaration of incompetency, or conviction of felony — Notice to county clerk.

  1. Upon receipt of notification from the Cabinet for Health and Family Services or other reliable sources of the death of a person, the State Board of Elections shall within five (5) days cause the removal of the name of that person from the voter registration records it maintains, except that no voter’s name may be removed during the period of time the registration books are closed for any primary, general, or special election.
  2. Upon receipt of notification from the circuit clerk that a person has been declared incompetent, the State Board of Elections shall within five (5) days cause the removal of the name of that person from the voter registration records it maintains, except that no voter’s name may be removed during the period of time the registration books are closed for any primary, general, or special election.
  3. Upon receipt of notification from the Administrative Office of the Courts that a person has been convicted of a felony offense, the State Board of Elections shall within five (5) days cause the removal of the name of that person from the voter registration records it maintains, except that no voter’s name may be removed during the period of time the registration books are closed for any primary, general, or special election.
  4. Following the purge of a name from the records of the State Board of Elections, the state board shall notify the clerk of the county in which the voter lived of the action; and the county clerk shall within ten (10) days update the county voter registration files to reflect the necessary change. If a protest is filed by the voter, the county board shall hear it at its next regular monthly meeting. If the county board decides in favor of the protesting voter, the voter’s registration record shall be restored, including his voting record. If the protest is filed while the registration books are closed and the county board decides in favor of the protesting voter, the county board shall issue the voter an “Authorization to Vote” for the upcoming election and the voter’s record shall be restored when the registration books open following the election.

History. Enact. Acts 1988, ch. 341, § 8, effective July 15, 1988; 1990, ch. 48, § 9, effective July 13, 1990; 1998, ch. 426, § 99, effective July 15, 1998; 2002, ch. 63, § 7, effective July 15, 2002; 2005, ch. 99, § 116, effective June 20, 2005.

116.115. Purge of voter from county roster on notice from state board — Protest hearing. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 11) was repealed by Acts 1988, ch. 341, § 50, effective July 15, 1988.

116.120. Oath to be taken by election officers. [Repealed.]

Compiler’s Notes.

This section (1596a-4) was repealed by Acts 1972, ch. 188, § 69.

116.124. County clerk to make available to county board of elections data on deceased residents furnished by cabinet for human resources. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1984, ch. 333, § 1, effective July 13, 1984) was repealed by Acts 1988, ch. 341, § 50, effective July 15, 1988.

116.125. Purge on county board’s own knowledge — Procedure. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 12; 1978, ch. 381, § 1, effective June 17, 1978; 1984, ch. 333, § 2, effective July 13, 1984; 1988, ch. 341, § 23, effective July 15, 1988; 1990, ch. 48, § 10, effective July 13, 1990) was repealed by Acts 1994, ch. 393, § 11, effective January 1, 1995. For present law, see KRS 116.112 .

Legislative Research Commission Note.

(7/15/94). In Attorney General Opinion 94-42, it was concluded that 1994 Ky. Acts Ch. 393, which repealed this statute “will take effect on January 1, 1995, the date the National Voter Registration Act will take effect with respect to Kentucky.”

116.127. Purge in counties containing a city of the first class biennially — Procedure. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 202, § 1, effective June 17, 1978; 1982, ch. 402, § 2, effective January 1, 1984) was repealed by Acts 1984, ch. 185, § 34, effective July 13, 1984.

116.130. Absence of election officer — Selection of substitute. [Repealed.]

Compiler’s Notes.

This section (1596a-4) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.045 .

116.135. Appeal from decision of county board.

Appeals from the decision of the county board of elections may be taken to the Circuit Court within ten (10) days following the final decision of the board.

History. Enact. Acts 1974, ch. 130, § 13.

NOTES TO DECISIONS

1. Protest of Purge.

No person may appeal other than the challenged voter or the person who made the challenge. No notice of appeal need be given to party committees unless the party committee is the challenger. Notice to the board or officer appealed from is the only notice required. Board of Registration Comm'rs v. Campbell, 251 Ky. 597 , 65 S.W.2d 713, 1933 Ky. LEXIS 925 ( Ky. 1933 ) (decided under prior law).

The voter’s protest against cancellation of his registration must be in writing, and the board may require that it be sworn to. Board of Registration Comm'rs v. Campbell, 251 Ky. 597 , 65 S.W.2d 713, 1933 Ky. LEXIS 925 ( Ky. 1933 ) (decided under prior law).

If it does not appear from the investigation and report that the challenged voter was properly registered, and the voter does not appear at the hearing, the board must cancel the registration. Board of Registration Comm'rs v. Campbell, 251 Ky. 597 , 65 S.W.2d 713, 1933 Ky. LEXIS 925 ( Ky. 1933 ) (decided under prior law).

116.140. Pay of election officers. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1950, ch. 123, § 21; 1956, ch. 100; 1968, ch. 19) was repealed by Acts 1972, ch. 188, § 69.

116.145. Fee for registration.

The fee for registration of all voters shall be paid to the county clerk by the state in the amount of twenty-five cents ($0.25) for each person registered.

History. Enact. Acts 1974, ch. 130, § 14; 1976, ch. 247, § 11; 1978, ch. 202, § 2, effective June 17, 1978; 1984, ch. 185, § 5, effective July 13, 1984.

Research References and Practice Aids

2018-2020 Budget Reference.

See State/Executive Branch Budget, 2018 Ky. Acts ch. 169, Pt. I, A, 16, (1a) at 1295.

116.150. Pay claim of election officer good for taxes. [Repealed.]

Compiler’s Notes.

This section (1541-1) was repealed by Acts 1972, ch. 188, § 69.

116.155. Forms for registration — Information required.

All forms pertaining to registration shall be prescribed and furnished by the State Board of Elections. The registration form shall include the voter’s name; date of birth; membership in a political party, political organization, or political group as defined in KRS 118.015 , or independent status; Social Security number, if any; mailing and residence addresses, if different; and such other information as the State Board of Elections may deem necessary. No person shall be denied the right to register because of the failure to include his Social Security number. All forms which require a voter’s signature shall provide for verification by the signer thereof.

History. Enact. Acts 1974, ch. 130, § 15; 1986, ch. 470, § 5, effective July 15, 1986; 1990, ch. 48, § 11, effective July 13, 1990; 1994, ch. 393, § 8, effective January 1, 1995; 2002, ch. 63, § 8, effective July 15, 2002.

Legislative Research Commission Note.

(7/15/94). In Attorney General Opinion 94-42, it was concluded that 1994 Ky. Acts ch. 393, which amended this statute “will take effect on January 1, 1995, the date the National Voter Registration Act will take effect with respect to Kentucky.”

NOTES TO DECISIONS

Cited:

Board of Elections v. Board of Education, 635 S.W.2d 324, 1982 Ky. App. LEXIS 221 (Ky. Ct. App. 1982).

Opinions of Attorney General.

KRS 116.095 clearly requires the clerk to permit any citizen to inspect or make copies of individual registration records on file in the clerk’s office or be furnished copies of such records for a fee, which will, of course, include the worker’s social security number and signature contained thereon as required by this section. OAG 75-174 .

A political party, in conducting a voter registration campaign, may not lawfully predesignate the prospective voter’s party affiliation by pre-stamping or otherwise completing the “party affiliation” block with the name of the political party conducting the registration effort, since the registration form required to be prepared by the State Board of Elections pursuant to this section and which contains among other things a place for party designation is to be filled in and signed by the person seeking to register for the purpose of voting. OAG 85-131 .

Even though a voter’s registration form may be illegally filled in, insofar as party preference is concerned, when it is submitted to the clerk with the required information contained therein, the clerk would be required to accept it as a valid registration and the voter in question would be considered legally registered and entitled to vote. OAG 85-131 .

A person whose party affiliation was designated on the registration card without his knowledge or consent could only vote and seek office in the succeeding party primary as a member of that party and would be disqualified as to the other party primary. OAG 85-131 .

116.160. Who to act when county sheriff is candidate or office is vacant. [Repealed.]

Compiler’s Notes.

This section (1451) was repealed by Acts 1972, ch. 188, § 69.

116.165. Falsification of signature or verification.

Any person who falsely signs and verifies any form requiring verification shall be guilty of perjury and subject to the penalties therefor.

History. Enact. Acts 1974, ch. 130, § 16.

116.170. Duties and powers of persons acting in place of county sheriff. [Repealed.]

Compiler’s Notes.

This section (1438) was repealed by Acts 1972, ch. 188, § 69.

116.180. Election precincts — Number of voters in — Procedure to require county judge to perform duties. [Repealed.]

Compiler’s Notes.

This section (1443, 1596c-4: amend. Acts 1948, ch. 141, § 1; 1952, ch. 135; 1964, ch. 46, § 2) was repealed by Acts 1972, ch. 188, § 69.

116.190. Alteration or division of precincts. [Repealed.]

Compiler’s Notes.

This section (1444: amend. Acts 1948, ch. 141, § 2; 1966, ch. 239, § 124) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.055 .

116.192. Precinct changes following redistricting of 1972. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1971 (Ex. Sess.), ch. 2, § 7; 1972, ch. 227, § 4; 1972 (1st Ex. Sess.), ch. 6, § 4) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972.

116.200. Roster of voters eligible to vote in city and school board elections — Information to be provided to county clerk.

    1. On or before January 1, 2011, each city clerk, except in consolidated local governments and urban-county governments, shall provide the clerk of the county or counties in which the city is located with a list of all properties within the city and a map of the city boundaries for the county clerk to maintain a roster of voters who are eligible to vote in city elections. A county clerk may accept the list of city properties in an electronic format and the city clerk may provide a copy of the city’s boundary map maintained by the Kentucky Commonwealth Office of Technology, Division of Enterprise Portfolios; and (1) (a) On or before January 1, 2011, each city clerk, except in consolidated local governments and urban-county governments, shall provide the clerk of the county or counties in which the city is located with a list of all properties within the city and a map of the city boundaries for the county clerk to maintain a roster of voters who are eligible to vote in city elections. A county clerk may accept the list of city properties in an electronic format and the city clerk may provide a copy of the city’s boundary map maintained by the Kentucky Commonwealth Office of Technology, Division of Enterprise Portfolios; and
    2. Documentation of any change to the boundaries of a city shall be reported to the county clerk in accordance with KRS 81A.470 and 81A.475 .
    1. On or before January 1, 2011, each school district board shall provide the clerk of the county in which the school district is located with maps and written descriptions of the boundaries of each school board district located in the county for the county clerk to maintain a roster of voters who are eligible to vote in school board elections. (2) (a) On or before January 1, 2011, each school district board shall provide the clerk of the county in which the school district is located with maps and written descriptions of the boundaries of each school board district located in the county for the county clerk to maintain a roster of voters who are eligible to vote in school board elections.
    2. Documentation of any change to a school district’s boundaries shall be reported to the county clerk within sixty (60) days of the change, or immediately if the change is within sixty (60) days of the August 1 deadline established in KRS 160.210(4)(d).
  1. Each county clerk shall code all registered voters in that county in such a manner that precinct election officers may determine the voter’s eligibility to vote in city and school board elections prior to each primary and regular election for city officers in that county, each regular election for school board members in that county, and each special election in which a ballot question is presented to the residents of a city or a school board district.
  2. Notwithstanding KRS 64.012 , the county clerk shall not charge a fee to a city or school district providing any information required by subsections (1)(a) and (2)(a) of this section.
  3. Nothing in this section shall prohibit a county clerk from requesting additional information from the city, school district board, or any other reliable source to ascertain whether a registered voter resides within a city or a school district boundary.

HISTORY: Enact. Acts 1994, ch. 394, § 1, effective July 15, 1994; 2010, ch. 10, § 1, effective July 15, 2010; 2012, ch. 69, § 13, effective July 12, 2012; 2018 ch. 78, § 8, effective July 14, 2018.

Penalties

116.990. Penalties. [Repealed.]

Compiler’s Notes.

This section (1550-22) was repealed by Acts 1972, ch. 188, § 69.

116.995. Penalties.

Any person who willfully fails to perform any of his duties as set forth in this chapter shall be fined not less than fifty dollars ($50) nor more than one hundred dollars ($100) for each offense. Each day of refusal to serve and carry out the duties as prescribed by law shall constitute a separate offense.

History. Enact. Acts 1974, ch. 130, § 17.

Opinions of Attorney General.

The penalty provision, this section, would be applicable to those members of the board of elections who willfully failed to comply with the requirements of KRS 116.125 concerning notification of purged voters. OAG 80-80 .

CHAPTER 117 Regulation of Elections

117.005. Preservation by county clerk of certain voting records. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1986, ch. 470, § 3, effective July 15, 1986) was repealed by Acts 1988, ch. 341, § 50, effective July 15, 1988.

117.010 to 117.590. Qualification, registration and purgation of voters. [Repealed.]

Compiler’s Notes.

The following sections were repealed by Acts 1952, ch. 134, § 63, effective June 19, 1952:

117.010 Qualification of voters in regular and special elections; registration required. (1439, 1486b-29, 1486bb-2).

117.030 Poll tax; when payment condition precedent to voting in city election. (1441.)

117.040 Persons permitted to register. (1486b-29, 1486bb-2.)

117.050 Time and place of registration; when books to be closed; special provision for registration in city of third class not the county seat; change of party. (1486b-33, 1496-14: amend. Acts 1942, ch. 59, §§ 2, 3.)

117.060 Registrant to appear in person; challenge. (1486bb-5.)

117.070 Forms for registration. (1486bb-6.)

117.080 Forms to be made out and signed; preservation; lists of voters. (1486bb-6, 1496-13.)

117.090 Replacement of lost or destroyed forms; re-registration. (1486bb-11.)

117.100 Transferring registration. (1486bb-10: amend. Acts 1942, ch. 59, §§ 1, 3.)

117.110 Register and list of voters to be delivered to election clerk. (1486bb-7.)

117.120 Challenging voter regarding registration; voting record; registration only prima facie evidence of right to vote. (1486bb-8.)

117.130 Right to inspect and obtain copies of registration books. (1486bb-21.)

117.140 Fees allowed county clerk. (1486bb-22: amend. Acts 1946, ch. 44.)

117.150 Powers and liabilities of deputy county clerk. (1486bb-23.)

117.155 Registration in precinct, at primary election. (Enact. Acts 1946, ch. 147, § 2; Acts 1948, ch. 1.)

117.160 Definition of “city executive committee.” (1486b-28.)

117.170 Board of registration commissioners; powers; qualifications; compensation. (1486b-30, 1486b-31.)

117.180 Appointment of board members; term. (1486b-31.)

117.190 Removals; vacancies; incompatible offices. (1486b-31.)

117.200 Bond of board members. (1486b-32.)

117.210 Employes of board. (1486b-34: amend. Acts 1948, ch. 177, § 1.)

117.220 Oath may be administered by board and employes. (1486b-35.)

117.230 Tax for support of board; business records; fiscal year. (1486b-36, 1486b-52.)

117.240 Supplies; purchase of; officers not to be interested in contracts; no future charge to be created. (1486b-37, 1486b-38.)

117.250 Offices of board; office hours; registration supplies. (1486b-33.)

117.260 Method of registration. (1486b-41, 1486b-43.)

117.270 Copies of registration records; preservation and disposition; loss or destruction. (1486b-44, 1486b-47, 1486b-50, 1486b-52, 1496-13.)

117.280 Transfer of registration on change of precinct boundaries. (1486b-46.)

117.290 New registration required when name changed; transfer of registration on change of residence; utility companies to report changes of address of customers. (1486b-48, 1486b-50.)

117.300 Precinct registers to be delivered to election clerks. (1486b-45.)

117.310 Comparative signature books; comparison of voter’s signature with registration record; voting record. (1486b-45: amend. Acts 1944, ch. 88.)

117.320 Right to inspect and obtain copies of registration records. (1486b-52.)

117.330 Definition of “voter.” (1496-1.)

117.340 State Board of Registration and Purgation; membership; oath; bond. (1496-2: amend. Acts 1946, ch. 27, § 36.)

117.350 General duties of state board. (1496-3.)

117.360 Compensation of members of state board; supplies. (1496-4, 1496-6.)

117.370 Clerk of state board; filing and disposing of complaints. (1496-4.)

117.380 Suits against state board; appeals from its decisions. (1496-5.)

117.390 County boards of registration and purgation; appointment; qualifications; removal. (1496-9.)

117.400 Certificate of appointment and bond of county board members; officers. (1496-10.)

117.410 General duties of county boards. (1496-10.)

117.420 Compensation of county boards; time and place of meetings. (1496-10, 1496-11: amend. Acts 1946, ch. 91, § 1.)

117.425 Sessions of county board. (Enact. Acts 1946, ch. 91, § 3.)

117.430 Employes, supplies, purgation and process officers; payment. (1496-11.)

117.440 Direct purgation by county boards, in counties and in cities of first class. (1496-10, 1496-13.)

117.450 Purgation by county clerk outside cities of first class, on grounds of death, disqualification or failure to vote. (1486bb-12, subsec. (2) of 117.450 repealed by Acts 1946, ch. 54, § 1.)

117.460 Appointment of purgation officers for primary election outside cities of first class. (1486bb-13.)

117.470 Appointment of purgation officers for regular election outside cities of first class. (1486bb-13.)

117.480 Procedure for purgation by purgation officers; notice and hearing. (1486bb-13.)

117.490 Decision of purgation officers; board to act in case of disagreement. (1486bb-13.)

117.500 Purgation outside cities of first class by application to county court. (1486bb-15.)

117.510 Purgation by board of registration commissioners in cities of first class on grounds of death, disqualification, marriage or failure to vote. (1486-50.)

117.520 Purgation for primary election in cities of first class by house to house canvass. (1496-12.)

117.530 Purgation for regular election in cities of first class by house to house canvass. (1486b-50: amend. Acts 1948, ch. 153.)

117.540 Purgation for primary or regular election in cities of first class on application of citizen or party committee. (1486b-50, 1496-12.)

117.541 Precinct purgation and registration supplies, outside cities of first class. (Enact. Acts 1946, ch. 147, § 1.)

117.543 Purgation recommendation by precinct judges at primary election, outside cities of first class. (Enact. Acts 1946, ch. 147, § 3.)

117.543 Assistants to precinct judges, in purgation and registration.(Enact. Acts 1946, ch. 147, § 4.)

117.544 Purgation by county board, outside cities of first class; notice and hearing. (Enact. Acts 1946, ch. 147, § 5.)

117.545 Appeal from purgation under KRS 117.544. (Enact. Acts 1946, ch. 147, § 6.)

117.550 No purging to be done later than eight days before election. (1496-15.)

117.560 Appeals from decisions of purgation officers or boards. (1486b-51, 1486bb-13, 1486bb-14, 1486bb-15.)

117.570 Suspended lists. (1496-16.)

117.580 Record of canceled registrations. (1486b-49, 1486bb-16.)

117.590 Fees of county clerk in connection with purgation. (1486bb-22.)

Boards of Elections

117.015. State Board of Elections — Powers, duties, membership. [Effective until July 15, 2020]

  1. There shall be a State Board of Elections that is an independent agency of state government, which shall administer the election laws of the state and supervise registration and purgation of voters within the state. The board:
    1. May promulgate administrative regulations necessary to properly carry out its duties; and
    2. Shall promulgate administrative regulations establishing a procedure for elections officials to follow when an election has been suspended or delayed as described in KRS 39A.100 .
  2. The board shall consist of the following:
    1. The Secretary of State, who shall be an ex officio, nonvoting member, and who shall also serve as the chief election official for the Commonwealth;
    2. Two (2) members appointed by the Governor as provided in subsection (6) of this section;
    3. Six (6) voting members appointed by the Governor as provided in subsection (5) of this section; and
    4. An executive director appointed in accordance with KRS 117.025 , who may vote only to break a tie regarding selection of the chair of the board.
  3. A chair of the board, who is a then-current voting member of the board, shall be elected as chair of the board by a majority of the voting members who serve on the board. The chair shall preside at the meetings of the board and vote on matters before the board.
  4. The members shall serve for a term of four (4) years or until their successors are appointed. Members shall be at least twenty-five (25) years of age and qualified voters of this state. No appointed member shall be a candidate for public office or have been a candidate for public office for two (2) years prior to his or her appointment, except as provided in subsection (2)(b) of this section. No member of the board shall have been convicted of any election law offense.
  5. Two (2) members shall be appointed by the Governor from a separate list of at least five (5) names submitted by the state central executive committee of each of the two (2) political parties that polled the largest vote in the last preceding election for state officials. The list shall be submitted to the Governor by February 15 of 1992, and the appointments of the Governor shall be made by April 1 of the same year. Two (2) separate lists shall be submitted to the Governor by August 15 of 1990 and every four (4) years thereafter, and two (2) appointments shall be made from these lists by September 15 of each year in which the lists are received.
  6. Two (2) members shall be appointed by the Governor from a separate list of at least four (4) names submitted by the Kentucky County Clerk’s Association of each of the two (2) political parties that polled the largest vote in the last preceding regular election for state officials. Each of the two (2) members appointed under this subsection shall be former county clerks. The lists required under this subsection shall be submitted to the Governor by July 15, 2019, and every four (4) years thereafter. The appointments made by the Governor under this subsection shall be made by August 15, 2019, and every four (4) years thereafter.
  7. Vacancies shall be filled in the same manner as provided for original appointments, and the person appointed to fill the vacancy shall be of the same political party as his or her predecessor.
  8. The board shall meet as often as necessary to carry out its duties and shall keep a record of its acts, orders, findings, and proceedings. A majority of the board shall constitute a quorum.
  9. The members of the board shall be paid a reasonable sum to be fixed by the secretary of the Personnel Cabinet, with the approval of the secretary of the Finance and Administration Cabinet, and in addition, their expenses in attending board meetings. The compensation shall be paid out of the State Treasury upon requisition signed by the chair of the board and approved by the secretary of the Finance and Administration Cabinet.

History. Enact. Acts 1974, ch. 130, § 18; 1982, ch. 457, § 1, effective July 15, 1982; 1988, ch. 341, § 24, effective July 15, 1988; 1990, ch. 293, § 1, effective July 13, 1990; 1998, ch. 154, § 74, effective July 15, 1998; 2005, ch. 91, § 2, effective June 20, 2005; 2019 ch. 23, § 2, effective March 19, 2019.

NOTES TO DECISIONS

1. Constitutionality.

The power to appoint members of boards and agencies within the executive department of government is an essentially executive power which cannot be exercised by any member of the legislative department; accordingly, the provisions in this section by which the Speaker of the House of Representatives and the President Pro Tem of the Senate are authorized to make appointments to the State Board of Elections are an invalid unconstitutional incursion by the General Assembly, or in this case, its designees, into the separation of powers doctrine. Legislative Research Com. by Prather v. Brown, 664 S.W.2d 907, 1984 Ky. LEXIS 300 ( Ky. 1984 ) (decision prior to 1988 amendment).

2. Action Against Board.

An action by an announced candidate for the democratic party nomination as president against members of the State Board of Elections to have his name placed on the ballot in the Kentucky presidential primary was not barred by the Eleventh Amendment, inasmuch as the action was brought against individual defendants rather than the state and was prospective in the relief it sought. Kay v. Mills, 490 F. Supp. 844, 1980 U.S. Dist. LEXIS 12818 (E.D. Ky. 1980 ).

3. Acts of De Facto Officers.

Acts done by board composed of members appointed by General Assembly, during period such members were recognized as officers by the public, were valid, such members being de facto officers. Pratt v. Breckinridge, 112 Ky. 1 , 65 S.W. 136, 23 Ky. L. Rptr. 1356 , 1901 Ky. LEXIS 286 ( Ky. 1 901); Pratt v. Breckinridge, 66 S.W. 405, 23 Ky. L. Rptr. 1858 , 1902 Ky. LEXIS 463 ( Ky. 1902 ) (decided under prior law).

Opinions of Attorney General.

The use of a computer to perform the normal function of the county board with respect to the tabulation of votes by hand should be authorized by the State Board of Elections, since said board has the over-all supervision and administration of the election laws of the state; but if the plan was to have the county board tabulate the votes in the normal manner and, at the same time, supervise the feeding of the vote tally into the computer to determine, in effect, which method proves to be the quickest and most accurate, there should be no legal objection. OAG 75-229 .

In the absence of any specific statute concerning the length of time old registration records are to be retained by a local board, the state board of elections would be authorized to adopt a regulation fixing a time after which such records may be destroyed. OAG 76-64 .

Those members of the State Board of Elections who were appointed by members of the General Assembly, whose appointments the Supreme Court held to be invalid, continue to serve as de facto officers until they either resign or are removed individually or collectively; however, they are not entitled to receive any compensation for duties imposed upon and performed by them by virtue of the office, nor can they forcibly require the payment of such compensation. OAG 84-212 .

Upon review of this section and KRS 12.020 I 3. (b), as well as of KRS 18A.350 , 18A.355 , and 18A.360 (repealed), the incumbents of the Board of Elections are included under the language of KRS 18A.350 which defines employee as any officer or employee of the executive branch of government; therefore, it would appear that the members of the board of elections are eligible for annual increments, although it is entirely possible that this was not the intent of the legislature. OAG 90-25 .

Research References and Practice Aids

Kentucky Law Journal.

Snyder and Irland, The Separation of Governmental Powers Under the Constitution of Kentucky: A Legal and Historical Analysis of L.R.C. v. Brown, 73 Ky. L.J. 165 (1984-85).

117.015. State Board of Elections — Powers, duties, membership. [Effective July 15, 2020]

  1. There shall be a State Board of Elections that is an independent agency of state government, which shall administer the election laws of the state and supervise registration and purgation of voters within the state. The board:
    1. May promulgate administrative regulations necessary to properly carry out its duties; and
    2. Shall promulgate administrative regulations establishing a procedure for elections officials to follow when an election has been suspended or delayed as described in KRS 39A.100 .
  2. The board shall consist of the following:
    1. The Secretary of State, who shall be an ex officio, nonvoting member, and who shall also serve as the chief election official for the Commonwealth;
    2. Two (2) members appointed by the Governor as provided in subsection (6) of this section;
    3. Six (6) voting members appointed by the Governor as provided in subsection (5) of this section; and
    4. An executive director appointed in accordance with KRS 117.025 , who may vote only to break a tie regarding selection of the chair of the board.
  3. A chair of the board, who is a then-current voting member of the board, shall be elected as chair of the board by a majority of the voting members who serve on the board. The chair shall preside at the meetings of the board and vote on matters before the board.
  4. The members shall serve for a term of four (4) years or until their successors are appointed. Members shall be at least twenty-five (25) years of age and qualified voters of this state. No appointed member shall be a candidate for public office or have been a candidate for public office for two (2) years prior to his or her appointment, except as provided in subsection (2)(b) of this section. No member of the board shall have been convicted of any election law offense.
  5. Two (2) members shall be appointed by the Governor from a separate list of at least five (5) names submitted by the state central executive committee of each of the two (2) political parties that polled the largest vote in the last preceding election for state officials. The list shall be submitted to the Governor by February 15 of 1992, and the appointments of the Governor shall be made by April 1 of the same year. Two (2) separate lists shall be submitted to the Governor by August 15 of 1990 and every four (4) years thereafter, and two (2) appointments shall be made from these lists by September 15 of each year in which the lists are received.
  6. Two (2) members shall be appointed by the Governor from a separate list of at least four (4) names submitted by the Kentucky County Clerk’s Association of each of the two (2) political parties that polled the largest vote in the last preceding regular election for state officials. Each of the two (2) members appointed under this subsection shall be former county clerks and shall be voting members. The lists required under this subsection shall be submitted to the Governor by July 15, 2019, and every four (4) years thereafter. The appointments made by the Governor under this subsection shall be made by August 15, 2019, and every four (4) years thereafter.
  7. Vacancies shall be filled in the same manner as provided for original appointments, and the person appointed to fill the vacancy shall be of the same political party as his or her predecessor.
  8. The board shall meet as often as necessary to carry out its duties and shall keep a record of its acts, orders, findings, and proceedings. A majority of the board shall constitute a quorum.
  9. The members of the board shall be paid a reasonable sum to be fixed by the secretary of the Personnel Cabinet, with the approval of the secretary of the Finance and Administration Cabinet, and in addition, their expenses in attending board meetings. The compensation shall be paid out of the State Treasury upon requisition signed by the chair of the board and approved by the secretary of the Finance and Administration Cabinet.

HISTORY: Enact. Acts 1974, ch. 130, § 18; 1982, ch. 457, § 1, effective July 15, 1982; 1988, ch. 341, § 24, effective July 15, 1988; 1990, ch. 293, § 1, effective July 13, 1990; 1998, ch. 154, § 74, effective July 15, 1998; 2005, ch. 91, § 2, effective June 20, 2005; 2019 ch. 23, § 2, effective March 19, 2019; 2020 ch. 88, § 3, effective July 15, 2020.

117.020. Declaration by state board of county’s status as a preclearance county.

The State Board of Elections may declare a county to be a preclearance county for election purposes when that county has a history of voter fraud, noncompliance with election laws, or voter complaints about the integrity of a particular election. In a county designated as a preclearance county, all decisions of the county board of elections shall be reported to the State Board of Elections for its review. The failure of a county board of elections of a preclearance county to submit its decisions to the State Board of Elections for its review shall constitute a prima facie case for appointment of an election manager under KRS 117.022 . The State Board of Elections may require a preclearance county to submit evidence or justification as required by the state board which is necessary to evaluate the county board’s decisions. A county designated as a preclearance county shall retain that designation until it is removed by the State Board of Elections.

History. Enact. Acts 1994, ch. 394, § 3, effective July 15, 1994.

117.022. Judicial declaration of existence of election crisis — Effect.

The Attorney General, the Secretary of State, and the State Board of Elections, by mutual agreement, may petition Franklin Circuit Court to declare that an election crisis exists in a county where there is evidence of sufficient malfeasance, nonfeasance, or criminal activity to jeopardize a free and equal election in that county and to authorize the State Board of Elections to assume responsibility for the management of the election in that county. If Franklin Circuit Court makes that declaration and grant of authority, the State Board of Elections shall appoint an election manager for that county to serve for the duration of the election cycle and the county clerk, county board of elections, precinct election officers, and any other person participating in the election process in that county shall be subject to the direction of the election manager.

History. Enact. Acts 1994, ch. 394, § 2, effective July 15, 1994.

117.025. Executive director and assistant director — Staff — Powers and duties.

  1. The State Board of Elections shall appoint an executive director, who shall be the chief administrative officer for the board. The board shall also appoint an assistant director, who shall be of a different political party than the director. The salaries of the director and the assistant director shall be set by the board.
  2. The State Board of Elections shall employ, on a bipartisan basis, a staff sufficient to carry out the duties assigned to the board, including legal counsel and a training officer to provide assistance to the county clerks and the county boards of elections in their training of precinct election officers.
  3. The board shall:
    1. Maintain a complete roster of all qualified registered voters within the state by county and precinct, and institute appropriate safeguards to ensure that there is no inappropriate use of the voter registration roster. State and local election officials, including the Secretary of State, employees of the Secretary, and members of the State Board of Elections and their staff, shall only use the voter registration roster for purposes relevant to their prescribed duties of election administration. The Secretary of State, and two (2) employees of the Secretary, who may be designated by the Secretary with explicit written authority and notification to the board, shall have electronic access to the information contained within the voter registration roster, but shall not correct, alter, or delete information from the voter registration roster, unless having obtained prior approval by a majority of the voting members of the board;
    2. For each primary, furnish each county clerk with a master list of all registered voters in the county, together with three (3) signature rosters of all registered voters in each precinct of the county according to party affiliation, and two (2) lists of all registered voters in each precinct of the county at least five (5) days prior to each primary;
    3. For each regular election, furnish each county clerk with a master list of all registered voters in the county, together with one (1) signature roster of all registered voters in each precinct of the county on which each voter’s party affiliation is identified, and two (2) lists of all registered voters in each precinct of the county at least five (5) days prior to each regular election;
    4. Maintain all information furnished to the board relating to the inclusion or deletion of names from the rosters for four (4) years;
    5. Furnish, at a reasonable price, the state central executive committee of each political party qualifying under KRS 118.015 monthly data of all additions, deletions and changes of registration in each precinct of each county and the state central executive committee shall furnish a county listing to each of the county executive committees of each political party;
    6. Purchase, lease or contract for the use of equipment necessary to properly carry out its duties under the provisions of this chapter and KRS Chapters 116 and 118;
    7. Secure information from any source which may assist the board in carrying out the purposes of this section;
    8. Furnish at a reasonable price any and all precinct lists to duly qualified candidates, political party committees or officials thereof, or any committee that advocates or opposes an amendment or public question. The State Board of Elections may also furnish the precinct lists to other persons at the board’s discretion, at a reasonable price to be determined by the board. The board shall not furnish precinct lists to persons who intend to use the lists for commercial use; and
    9. Be responsible for oversight of board personnel, including hiring, investigations, disciplinary actions, promotions, and other like actions subject to KRS Chapter 18A.

History. Enact. Acts 1974, ch. 130, § 19; 1982, ch. 457, § 2, effective July 15, 1982; 1984, ch. 185, § 6, effective July 13, 1984; 1984, ch. 333, § 3, effective July 13, 1984; 1990, ch. 48, § 13, effective July 13, 1990; 1994, ch. 394, § 5, effective July 15, 1994; 2019 ch. 23, § 3, effective March 19, 2019.

Notes to Unpublished Decisions

1. Furnishing of Lists of Voters

Unpublished decision: Where a publisher did not show that it would have suffered harm other than financial harm, and did not show a likelihood of success on the merits of its suit to obtain rosters of registered voters, the district court properly denied its motion for a preliminary injunction. Aristotle Publ'g v. Brown, 61 Fed. Appx. 186, 2003 U.S. App. LEXIS 5748 (6th Cir. Ky. 2003 ).

Opinions of Attorney General.

The restrictions contained in subsection (3)(h) of this section in no way affect or restrict the provisions of KRS 116.095 . OAG 75-174.

In the absence of any specific statute concerning the length of time old registration records are to be retained by a local board, the State Board of Elections would be authorized to adopt a regulation fixing a time after which such records may be destroyed. OAG 76-64 .

This section merely mandates that the State Board of Elections shall put into precinct list form all of the registered voters of the state and make those lists available to candidates and other persons; there are no restrictive words except to the effect that the precinct list shall not be used for commercial purposes. OAG 79-77 .

The phrase “ . . . . . employ, on a bipartisan basis . . . . . ” as used in subsection (2) of this section simply means that the board should employ its personnel on the basis of their qualifications, experience, etc., irrespective of the individual’s party affiliation, so long as both major parties are represented on the board’s staff, as is the case with the board itself. OAG 80-656 .

For a member of the State Board of Elections to either participate in the discussion of the applicants for the position of executive director or to cast a vote in filling the position, for which said member is a candidate, would create a common-law conflict of interest as being against public policy and self-serving. OAG 84-16 .

The decision of the Commonwealth Board of Elections to deny the request for copies of precinct lists and mailing labels in connection with mailing the letter in question was supported by the provisions of subdivision (1)(j) of KRS 61.878 and subdivision (3)(h) of this section. OAG 88-16 .

The County Clerk’s reliance on KRS 61.878(1)(a) as the basis for denying access to the voter assistance forms identified in the request was, with the exception of the protection it extends to social security numbers appearing on those forms, misplaced. The County Clerk should copy the voter assistance forms to which the requester requested access and permit him to inspect those copies after redacting the social security numbers appearing thereon. OAG 03-ORD-34.

117.027. State board to promulgate record-keeping requirements.

The State Board of Elections shall promulgate administrative regulations and procedures necessary to:

  1. Designate  which election records and materials shall be retained;
  2. Establish  the manner in which the records and materials shall be maintained;
  3. Establish  by whom the records shall be maintained; and
  4. Establish  the period of time the records shall be retained, but such records shall be  retained for not less than twenty-two (22) months.

History. Enact. Acts 1988, ch. 341, § 16, effective July 15, 1988.

117.030. Announcements and signs regarding importance of voting — Notice of illegal acts, penalties, and right to report administrative errors at polling places.

  1. The  State Board of Elections shall publish and broadcast announcements throughout  the state regarding the importance of voting in a free and conscientious manner,  procedures for registering to vote and voting, general election laws, and  penalties for vote buying and selling.
  2. The  State Board of Elections shall provide for the conspicuous placement of signs  at all precinct polling places, which shall state that vote buying and selling  are illegal and shall state the penalties for such acts.
  3. The  State Board of Elections shall provide for the conspicuous placement of signs  at all precinct polling places, which display the telephone number and mailing  address of the county board of elections, and which inform the voters of their  right to report any administrative or clerical errors they witness to the  county board of elections, either by phone or in writing within ten (10) days  after the election.

History. Enact. Acts 1988, ch. 341, § 5, effective July 15, 1988; 2001, ch. 132, § 1, effective June 21, 2001.

117.035. County board of elections — Membership — Appointed members — Meetings — Staff. [Effective until July 15, 2020]

  1. There shall be a county board of elections, which shall, at the direction and under the supervision of the State Board of Elections, administer the election laws and the registration and purgation of voters within the county.
    1. The board shall consist of the county clerk, the sheriff, and two (2) members appointed by the State Board of Elections not later than July 1 following the election of persons to statewide office, for a term of four (4) years and until their successors are appointed. (2) (a) The board shall consist of the county clerk, the sheriff, and two (2) members appointed by the State Board of Elections not later than July 1 following the election of persons to statewide office, for a term of four (4) years and until their successors are appointed.
    2. The sheriff shall not serve on the board during any year in which he or she is a candidate, but shall recommend to the board a temporary replacement to serve in his or her place. If the sheriff cannot serve because he or she is sick, injured, or otherwise incapacitated, he or she may recommend a temporary replacement to serve in his or her place until the sheriff may resume his or her duties or a vacancy in office is declared.
    3. The county clerk may, at his or her option, continue to serve on the board during a year in which he or she is a candidate. If the clerk elects not to serve, he or she shall recommend a temporary replacement to serve in his or her place. If the county clerk cannot serve because he or she is sick, injured, or otherwise incapacitated, he or she may recommend a temporary replacement to serve in his or her place until the county clerk may resume his or her duties or a vacancy in office is declared.
      1. Notwithstanding the provisions of KRS 61.080 , service on the board of elections shall be compatible with the holding of any other county or city office. (d) 1. Notwithstanding the provisions of KRS 61.080 , service on the board of elections shall be compatible with the holding of any other county or city office.
      2. The members shall be at least twenty-one (21) years of age, qualified voters in the county from which they are appointed, and shall not have been convicted of any election law offense.
      3. One (1) member shall be appointed from a list of five (5) names submitted by the county executive committee of each political party as defined in KRS 118.015 . If there are two (2) or more contending executive committees of the same political party in any county, the one recognized by the written certificate of the chair of the state central committee of the political party shall be the one authorized to submit the lists.
      4. If the State Board of Elections does not receive the list as required by subparagraph 3. of this paragraph for each political party for each county by the deadline established in paragraph (a) of this subsection or within one (1) month of a vacancy, then the chair of the state central committees for the political parties may submit lists of five (5) names of qualified residents from the remaining counties by August 1 following the election of persons to statewide office or within two (2) months of a vacancy.
      5. If the State Board of Elections does not receive a list from either the county executive committee under subparagraph 3. of this paragraph or the chair of the state executive committee under subparagraph 4. of this paragraph, then the State Board of Elections shall appoint a qualified resident from the county at its next regularly scheduled meeting in September following the election of persons to statewide office or within three (3) months of a vacancy.
      6. A member appointed by the State Board of Elections may be removed by the State Board of Elections for cause.
      7. A member appointed by the State Board of Elections may be removed by the State Board of Elections upon a request approved by a two-thirds (2/3) vote of the full membership of the county executive committee that submitted the member’s name. The county executive shall provide conclusive evidence of the committee’s membership and evidence of the committee’s two-thirds (2/3) vote before the State Board of Elections removes any member appointed by the State Board of Elections.
      8. If an appointee is temporarily unable to act, a temporary appointee shall be named by the State Board of Elections. A temporary appointee shall serve until the original appointee notifies the State Board of Elections that he or she is able to resume his or her term.
      9. A member appointed by the State Board of Elections shall not serve on the board if he or she is a candidate for public office, and the member shall resign upon filing papers to become a candidate for public office or shall be removed from office by the State Board of Elections. A member who resigns or is removed because of his or her candidacy shall not resume his or her term following the completion of the candidacy.
      10. Vacancies and temporary vacancies shall be filled in the same manner as provided for original appointments, and the person appointed to fill the vacancy or temporary vacancy shall be of the same political party as his or her predecessor.
    4. Compensation and payment of actual expenses of members shall be set by the fiscal court either as an amount payable on an annual basis, or as an amount payable on a per diem basis of not less than fifteen dollars ($15) nor more than one hundred dollars ($100) for each day the board meets.
  2. A majority of the board shall constitute a quorum.   The county clerk shall serve as chair of the meetings and may vote. In case of a tie, the chair may cast an additional vote. Records shall be kept of all proceedings, and the records shall be public and kept at the office of the county clerk.
  3. The board shall meet as follows:
    1. During years in which a primary or regular election is scheduled, the board shall meet at least once every other month and may meet more frequently if necessary upon the call of the chair or upon written agreement of two (2) or more members of the board. The call shall provide notice as prescribed by KRS 61.823 .
    2. During years in which no primary or regular election is scheduled, the board shall meet at the call of the chair or upon written agreement of two (2) or more members of the board. The call shall provide notice as prescribed by KRS 61.823 .
    3. The board shall meet and stay in session on primary, regular election, and special election days to correct clerical errors and rule on questions regarding voter registration and may make to the election officers such certifications as may be necessary. On primary, regular election, and special election days, appeals may be made to a Circuit Judge, but a ruling of the board shall be reversed only upon a finding that it was arbitrary and capricious.
  4. The board may employ, on a bipartisan basis, a staff sufficient to carry out the duties assigned to the board.

HISTORY: Enact. Acts 1974, ch. 130, § 20; 1976 (Ex. Sess.), ch. 14, § 129, effective January 2, 1978; 1978, ch. 318, § 1, effective June 17, 1978; 1982, ch. 394, § 6, effective July 15, 1982; 1988, ch. 341, § 25, effective July 15, 1988; 1990, ch. 48, § 14, effective July 13, 1990; 1992, ch. 256, § 1, effective July 14, 1992; 1996, ch. 195, § 4, effective July 15, 1996; 2005, ch. 71, § 2, effective June 20, 2005; 2010, ch. 176, § 2, effective July 15, 2010; 2014, ch. 92, § 211, effective January 1, 2015; 2018 ch. 160, § 1, effective July 14, 2018.

NOTES TO DECISIONS

1. Constitutionality.

Former law which provided that in counties containing a city of the second class the circuit clerk rather than the sheriff should be a member of the board of election commissioners, was unconstitutional as prohibited class legislation. Droege v. McInerney, 120 Ky. 796 , 87 S.W. 1085, 27 Ky. L. Rptr. 1137 , 1905 Ky. LEXIS 153 ( Ky. 1905 ) (decided under prior law).

2. List of County Executive Committee.

Pendency of proceedings before state central committee of party to settle controversy between contending county committees did not deprive courts of right to compel state board to perform duties. Russell v. Rhea, 269 Ky. 138 , 106 S.W.2d 148, 1937 Ky. LEXIS 565 ( Ky. 1937 ) (decided under prior law).

When a county executive committee entitled to designate a list of names does so, the state board has no right to ignore the list or to question the proceedings pursuant to which the list was selected. It must accept the list as valid. Howard v. Stevenson, 269 Ky. 491 , 107 S.W.2d 304, 1937 Ky. LEXIS 618 ( Ky. 1937 ) (decided under prior law).

The list of names must be designated by the county executive committee as a body. A designation by the chairman of the county committee is of no effect, although the chairman may act as the agent of the committee in certifying the list the committee has selected. Murray v. Gill, 269 Ky. 207 , 106 S.W.2d 634, 1937 Ky. LEXIS 575 ( Ky. 1937 ) (decided under prior law).

3. — Declaration of Irregularity.

Where county executive committee filed list of names with state board, and list was regular on its face, the state board had no right to declare the list illegal on the ground of irregularity in the proceedings of the county committee pursuant to which the list was selected, or to ignore the list and appoint some other person. Where that was done, the state board could be compelled to reconvene and make a new appointment from the list. Russell v. Rhea, 269 Ky. 138 , 106 S.W.2d 148, 1937 Ky. LEXIS 565 ( Ky. 1937 ) (decided under prior law).

4. — Filing.

Where one county committee files its list with the state board, and a rival committee files with the chairman of the state executive committee of the party, the latter is of no effect and the state board has no right to appoint from the latter list even though the committee making it is recognized as the proper committee by the state central committee. Russell v. Rhea, 269 Ky. 138 , 106 S.W.2d 148, 1937 Ky. LEXIS 565 ( Ky. 1937 ) (decided under prior law).

List of names designated by county executive committee must be filed with the state board of election commissioners; filing with chairman of state executive committee of party is of no effect. Russell v. Rhea, 269 Ky. 138 , 106 S.W.2d 148, 1937 Ky. LEXIS 565 ( Ky. 1937 ) (decided under prior law).

The state board may meet and make appointments at any time during August, and if a county committee fails to file a list of names before the state board meets, the board may make its own appointments, and is not required to recognize list submitted during August but after the day of meeting. O'Connell v. Duff, 276 Ky. 782 , 125 S.W.2d 718, 1939 Ky. LEXIS 590 ( Ky. 1939 ) (decided under prior law).

5. — Submission Without Authority.

Where list of names was certified by chairman of county committee without authority of committee, subsequent ratification of list by committee, after state board had adjourned, could not validate list. Murray v. Gill, 269 Ky. 207 , 106 S.W.2d 634, 1937 Ky. LEXIS 575 ( Ky. 1937 ) (decided under prior law).

Where chairman of county executive committee submitted list of names without authority from committee, and state board of election commissioners ignored list in appointing county election commissioner, the validity of the official acts of such commissioner cannot be attacked collaterally in election contest proceedings. Hardigree v. White, 275 Ky. 364 , 121 S.W.2d 919, 1938 Ky. LEXIS 435 ( Ky. 1938 ) (decided under prior law).

The State Board of Election commissioners could not be compelled to appoint a county election commissioner from a list certified by the chairman of the county executive committee of a party, where evidence justified denial of relief on ground that list was not made up and approved by a majority of the county committee or in accordance with the provisions of the statute. Routh v. Hughes, 300 Ky. 737 , 190 S.W.2d 351 ( Ky. 1945 ) (decided under prior law).

6. Voting.

Should the county board of election commissioners be unable to agree as to what instructions relative to the use of the voting machines as provided in KRS 125.100 (repealed) should be given the election officers by the commission, the sheriff should have the deciding vote. Grauman v. Jefferson County Fiscal Court, 294 Ky. 149 , 171 S.W.2d 36, 1943 Ky. LEXIS 402 ( Ky. 1943 ) (decided under prior law).

7. Social Security Contributions.

State is not liable for social security contributions on compensation clerk receives as substitute member of county board of election commissioners. Barnes v. Barnes, 241 S.W.2d 993, 1951 Ky. LEXIS 1034 ( Ky. 1951 ) (decided under prior law).

8. Holdover.

Former county Democratic election commissioner was not a holdover with sufficient title to office to permit him to institute ouster proceedings against his successor on the single ground that the successor lacked the qualifications to hold office, since the petitioner’s term expired when his successor was appointed, took the oath, and assumed office. Williamson v. Hughes, 303 Ky. 735 , 199 S.W.2d 125, 1947 Ky. LEXIS 540 ( Ky. 1947 ) (decided under prior law).

9. Precinct Committeemen.

Where Democratic party law provided that in counties containing more than one legislative district, chairmen of legislative districts should constitute county committee, precinct committeemen of such county could not compel appointment of election commissioner from names submitted by them, even though no names were submitted by chairmen of legislative districts, since precinct committeemen did not constitute “county executive committee” under party law. Smith v. Howard, 275 Ky. 165 , 120 S.W.2d 1040, 1938 Ky. LEXIS 387 ( Ky. 1938 ) (decided under prior law).

10. Meetings.

A called or special meeting of the board can be held only on notice to all the members, and any action taken by two members at a meeting of which the third had no notice, and did not attend, is void. Roberts v. Stumbo, 227 Ky. 334 , 12 S.W.2d 1110, 1928 Ky. LEXIS 511 ( Ky. 1928 ) (decided under prior law).

11. — Waiver of Notice.

Failure to give written notice of meeting to one of the county election commissioners was waived by subsequent approval by such commissioner, within statutory period, of election officers chosen at the meeting by the other commissioners. Hardigree v. White, 275 Ky. 364 , 121 S.W.2d 919, 1938 Ky. LEXIS 435 ( Ky. 1938 ) (decided under prior law).

12. Ministerial Officers.

The members of the board are ministerial officers. Potter v. Campbell, 155 Ky. 784 , 160 S.W. 763, 1913 Ky. LEXIS 360 ( Ky. 1913 ) (decided under prior law).

13. Disqualification of Sheriff.

The fact that the sheriff’s deputy was a candidate for an office did not disqualify the sheriff from serving on the board, and did not authorize the circuit clerk to act where the sheriff voluntarily refused to serve because of deputy’s candidacy. Potter v. Campbell, 155 Ky. 784 , 160 S.W. 763, 1913 Ky. LEXIS 360 ( Ky. 1913 ), apparently overruled by Scott v. Roberts, 255 Ky. 34 , 72 S.W.2d 728, 1934 Ky. LEXIS 177 ( Ky. 1934 ) (decided under prior law).

The sheriff cannot lawfully act as a member of the board of election commissioners in an election at which he is a candidate for another office. Scott v. Roberts, 255 Ky. 34 , 72 S.W.2d 728, 1934 Ky. LEXIS 177 ( Ky. 1934 ), apparently overruling Potter v. Campbell, 155 Ky. 784 , 160 S.W. 763, 1913 Ky. LEXIS 360 ( Ky. 1913 ) (decided under prior law).

14. Compelling Performance of Duties.

The county board of election commissioners may be compelled by mandamus, or in a proper case by mandatory injunction, to assemble and discharge their duties. Potter v. Campbell, 155 Ky. 784 , 160 S.W. 763, 1913 Ky. LEXIS 360 ( Ky. 1913 ) (decided under prior law).

Opinions of Attorney General.

The county judge has no jurisdiction or authority over the administration of the voter registration law and may not designate individuals to take registration forms from the clerk’s office and travel around the county registering voters. OAG 74-709 .

Since the offices of employee of the state highway commission and election officer or member of the board of elections are not incompatible under Ky. Const., § 165 and KRS 61.080 and since the State Merit System Act has no provision prohibiting a state employee from serving in either capacity, an employee of the highway commission may legally serve on the county board of elections. OAG 75-565 .

There is no legal objection to a board member serving as finance chairman of a candidate’s campaign committee, since this section prohibits only the member’s own candidacy at the elections. OAG 75-581 .

Since a county clerk would be disqualified from participating as a member of the county board of elections if he is a candidate at that particular election, the two appointed party members must appoint a board member to serve during the period that the clerk is disqualified. OAG 76-315 .

Inasmuch as two members of the county board of elections would not constitute a quorum for the purpose of conducting business, any meeting attended by only two members could not constitute an official meeting at which official business could be conducted and for which compensation could be paid. OAG 76-315 .

Since announcement for a public office is not made until after January 1 in the calendar year of the election, while election officers for precincts are selected by the previous September 20 in the preceding calendar year, members of the county board of elections would be entitled to perform their duties, including the selection of election officers on or before September 20 as prescribed in KRS 117.045 through the year preceding the candidacy for public office, unless, prior to such election, they become candidates under any of the conditions set forth in the definition of candidates set forth in subsection (7) of KRS 121.015 ; in addition, they would, of course, become disqualified whenever they actually file as a candidate for public office. OAG 76-409 , modifying OAG 73-202 .

When the county clerk becomes a candidate he is automatically disqualified from serving on the county board of elections and the two party members must select someone to serve in his place during the period that he remains a candidate, and whoever is selected to serve in the clerk’s place will also serve as chairman. OAG 77-83 .

When the sheriff is a candidate for another public office he cannot serve as a member of the county board of elections and a commissioner should be appointed to serve in his place, however, a deputy sheriff has no election day duties and would not be disqualified from being appointed in the place of the sheriff to serve on the county board of elections, assuming that he is not a candidate for public office. OAG 77-131 .

An individual could serve as an election commissioner during the November election even though her husband was a candidate for magistrate. OAG 77-469 .

Where a suit was filed against the county election commissioners to challenge the count of absentee ballots, the days spent by the commissioners in court could not be considered meeting days for which compensation could be claimed. OAG 77-587 .

The fiscal court is required to pay election board members the compensation fixed pursuant to this section for each day the board meets, providing of course the board submits sufficient information to show that such meetings actually took place. OAG 78-255 .

There is no question that the fiscal court can from time to time alter the compensation of members of the county board of elections (the only restriction being that it cannot go below $15.00 per meeting) since members of the commission are not constitutionally named officers whose compensation cannot be changed during their term, but where the fiscal court initially fixed the compensation at $24.00 per meeting, which remained unchanged from 1976 through the 1978 election, it could not enter a subsequent order reducing the compensation already earned by the commissioners by making the order retroactive, regardless of whether or not a sufficient amount was budgeted. OAG 78-789 .

A member of the county board of elections who is also a candidate for a city office in the November election must resign and the vacancy must be filled pursuant to the terms of this section. OAG 79-443 .

Although any change in a precinct boundary must be shown on a map and subsequently filed with the State Board of Elections, the change would become effective even before the map showing the change is filed with the state board. OAG 79-609 .

Since there is no publication requirement of any such actions taken by the board before they become effective, the board can call a meeting at any time that it deems necessary to make a proposed boundary change, and after making the change and upon recording same in its records, such change would become effective. OAG 79-609 .

An individual holding the office of magistrate can at the same time serve on the county board of elections, since no constitutional or statutory provisions prohibit a person from holding two county offices at the same time and this section specifically permits a person who holds another county office to serve on the county board of elections. OAG 80-263 .

The employment of a staff by a county board of election pursuant to subsection (5) of this section must be interpreted as discretionary by the board; an interpretation that the subsection is mandatory would violate the separate powers doctrine contained in Const., § 27 and Const., § 28 because the legislature would have statutorily predetermined the necessity for a staff, which determination is an administrative function which is normally delegated to the agency in question. OAG 82-102 .

Subsection (5) of this section is directory insofar as requiring the board to employ a supporting staff but mandatory that if a staff is needed, it be selected on a nonpartisan basis. OAG 82-102 .

Action of county board of elections authorizing the county clerk to be the chief administrative officer of this board with authority to do all things administratively necessary to carry out the statutory duties and operations thereof, including, but not limited to: authority to hire and terminate employees, authority to direct the day to day operations of said board and its staff, authority to purchase any necessary supplies and equipment, and authority to act as the principal spokesperson of said board and its staff, was an impermissible delegation of responsibility as the responsibility for the employment of personnel is the responsibility of the entire board; moreover, since subsection (3) of this section provides that the county clerk shall serve as chairman of the meetings and may vote, but does not authorize the clerk to assume any other responsibilities for the operations of county boards of election, the additional functions delegated by the board would remain the responsibility of the board as a whole. OAG 90-43 .

Given the nature of the urban county form of government, and the particular circumstances involved with regard to the county board of elections, since there is no longer any distinct city or county government within the county, the county board of elections is acting within its legal authority when it requests legal services to be rendered by the Urban County Government, Department of Law. OAG 90-43 .

117.035. County board of elections — Membership — Appointed members — Meetings — Questions regarding voter registration and proof of identification — Staff. [Effective July 15, 2020]

  1. There shall be a county board of elections, which shall, at the direction and under the supervision of the State Board of Elections, administer the election laws and the registration and purgation of voters within the county.
    1. The board shall consist of the county clerk, the sheriff, and two (2) members appointed by the State Board of Elections not later than July 1 following the election of persons to statewide office, for a term of four (4) years and until their successors are appointed. (2) (a) The board shall consist of the county clerk, the sheriff, and two (2) members appointed by the State Board of Elections not later than July 1 following the election of persons to statewide office, for a term of four (4) years and until their successors are appointed.
    2. The sheriff shall not serve on the board during any year in which he or she is a candidate, but shall recommend to the board a temporary replacement to serve in his or her place. If the sheriff cannot serve because he or she is sick, injured, or otherwise incapacitated, he or she may recommend a temporary replacement to serve in his or her place until the sheriff may resume his or her duties or a vacancy in office is declared.
    3. The county clerk may, at his or her option, continue to serve on the board during a year in which he or she is a candidate. If the clerk elects not to serve, he or she shall recommend a temporary replacement to serve in his or her place. If the county clerk cannot serve because he or she is sick, injured, or otherwise incapacitated, he or she may recommend a temporary replacement to serve in his or her place until the county clerk may resume his or her duties or a vacancy in office is declared.
      1. Notwithstanding the provisions of KRS 61.080 , service on the board of elections shall be compatible with the holding of any other county or city office. (d) 1. Notwithstanding the provisions of KRS 61.080 , service on the board of elections shall be compatible with the holding of any other county or city office.
      2. The members shall be at least twenty-one (21) years of age, qualified voters in the county from which they are appointed, and shall not have been convicted of any election law offense.
      3. One (1) member shall be appointed from a list of five (5) names submitted by the county executive committee of each political party as defined in KRS 118.015 . If there are two (2) or more contending executive committees of the same political party in any county, the one recognized by the written certificate of the chair of the state central committee of the political party shall be the one authorized to submit the lists.
      4. If the State Board of Elections does not receive the list as required by subparagraph 3. of this paragraph for each political party for each county by the deadline established in paragraph (a) of this subsection or within one (1) month of a vacancy, then the chair of the state central committees for the political parties may submit lists of five (5) names of qualified residents from the remaining counties by August 1 following the election of persons to statewide office or within two (2) months of a vacancy.
      5. If the State Board of Elections does not receive a list from either the county executive committee under subparagraph 3. of this paragraph or the chair of the state executive committee under subparagraph 4. of this paragraph, then the State Board of Elections shall appoint a qualified resident from the county at its next regularly scheduled meeting in September following the election of persons to statewide office or within three (3) months of a vacancy.
      6. A member appointed by the State Board of Elections may be removed by the State Board of Elections for cause.
      7. A member appointed by the State Board of Elections may be removed by the State Board of Elections upon a request approved by a two-thirds (2/3) vote of the full membership of the county executive committee that submitted the member’s name. The county executive shall provide conclusive evidence of the committee’s membership and evidence of the committee’s two-thirds (2/3) vote before the State Board of Elections removes any member appointed by the State Board of Elections.
      8. If an appointee is temporarily unable to act, a temporary appointee shall be named by the State Board of Elections. A temporary appointee shall serve until the original appointee notifies the State Board of Elections that he or she is able to resume his or her term.
      9. A member appointed by the State Board of Elections shall not serve on the board if he or she is a candidate for public office, and the member shall resign upon filing papers to become a candidate for public office or shall be removed from office by the State Board of Elections. A member who resigns or is removed because of his or her candidacy shall not resume his or her term following the completion of the candidacy.
      10. Vacancies and temporary vacancies shall be filled in the same manner as provided for original appointments, and the person appointed to fill the vacancy or temporary vacancy shall be of the same political party as his or her predecessor.
    4. Compensation and payment of actual expenses of members shall be set by the fiscal court either as an amount payable on an annual basis, or as an amount payable on a per diem basis of not less than fifteen dollars ($15) nor more than one hundred dollars ($100) for each day the board meets.
  2. A majority of the board shall constitute a quorum.The county clerk shall serve as chair of the meetings and may vote. In case of a tie, the chair may cast an additional vote. Records shall be kept of all proceedings, and the records shall be public and kept at the office of the county clerk.
  3. The board shall meet as follows:
    1. During years in which a primary or regular election is scheduled, the board shall meet at least once every other month and may meet more frequently if necessary upon the call of the chair or upon written agreement of two (2) or more members of the board. The call shall provide notice as prescribed by KRS 61.823 .
    2. During years in which no primary or regular election is scheduled, the board shall meet at the call of the chair or upon written agreement of two (2) or more members of the board. The call shall provide notice as prescribed by KRS 61.823 .
    3. The board shall meet and stay in session on primary, regular election, and special election days to correct clerical errors, to rule on questions regarding voter registration and proof of identification, and may make to the election officers such certifications as may be necessary. On primary, regular election, and special election days, appeals may be made to a Circuit Judge, but a ruling of the board shall be reversed only upon a finding that it was arbitrary and capricious.
  4. The board may employ, on a bipartisan basis, a staff sufficient to carry out the duties assigned to the board.

HISTORY: Enact. Acts 1974, ch. 130, § 20; 1976 (Ex. Sess.), ch. 14, § 129, effective January 2, 1978; 1978, ch. 318, § 1, effective June 17, 1978; 1982, ch. 394, § 6, effective July 15, 1982; 1988, ch. 341, § 25, effective July 15, 1988; 1990, ch. 48, § 14, effective July 13, 1990; 1992, ch. 256, § 1, effective July 14, 1992; 1996, ch. 195, § 4, effective July 15, 1996; 2005, ch. 71, § 2, effective June 20, 2005; 2010, ch. 176, § 2, effective July 15, 2010; 2014, ch. 92, § 211, effective January 1, 2015; 2020 ch. 89, § 33, effective July 15, 2020.

117.045. Precinct election officers — Alternate and emergency appointments — Minors permitted to serve as election officers.

  1. The county board of elections shall in the manner prescribed by this section, not later than March 20 each year, except in a year in which no primary and regular elections are scheduled, appoint for each precinct in the county two (2) judges, one (1) clerk and one (1) sheriff of election. They shall serve in all elections held in the county during the year, except for minors seventeen (17) years of age who will become eighteen (18) years of age on or before the day of the regular election who may only serve as election officers for the primary and regular elections as provided in subsection (9) of this section. If a special election is ordered to be held in a year in which no elections are scheduled, the county executive committee of each political party in each county in the territory affected by the special election shall, not later than twenty-eight (28) days preceding the date of the special election, submit a written list of nominees for precinct election officers to serve in the special election in a manner consistent with the provisions of subsection (2) of this section. The county board of elections in each county in the territory affected by the special election shall, not later than twenty-one (21) days preceding the date of the special election, appoint precinct election officers to serve in the special election in a manner consistent with the provisions of subsections (4), (5), and (6) of this section. The State Board of Elections shall promulgate an administrative regulation establishing evaluation procedures which county boards of elections may use to qualify persons nominated to serve as precinct election officers.
  2. The county executive committees of the two (2) political parties having representation on the State Board of Elections may, on or before March 15 each year, designate in writing to the county board of elections a list of not less than four (4) names for each precinct; except that, in any precinct where there are not as many as four (4) persons possessing the qualifications of an election officer belonging to the political party filing the list, a lesser number may be designated. If there are two (2) or more contending executive committees of the same party in any county, the one recognized by the written certificate of the chairman of the state central committee of the party shall be the one authorized to submit the lists. The lists shall contain the full name, address, phone number, and Social Security number, if available, of each person listed. The lists shall be accompanied by a signed statement from each person stating that he is willing to serve, has not failed to serve without excuse in the past, and has not been convicted of an election law offense or any felony, unless the person’s civil rights have been restored by the Governor. The State Board of Elections shall prescribe by administrative regulation the form of the list.
  3. The Attorney General shall notify each party state central committee of the duties of the party.
  4. If lists are submitted, the county board of elections shall select one (1) judge at each voting place from each political party’s list, and the county board shall select the sheriff from one (1) political party’s list and the clerk from the other. If no lists are submitted, the two (2) members of the county board of elections who are appointed by the State Board of Elections may submit lists; and the county board shall select the sheriff and one (1) judge from one (1) list and the clerk and the other judge from the remaining list. If no lists are submitted, the county board shall select the sheriff and one (1) judge from the membership of one (1) party and the clerk and the other judge from the membership of the remaining party. The county board shall, when possible, also appoint an adequate number of alternate precinct election officers from names on the lists which were submitted but which were not selected by the county board as precinct election officers. If alternate precinct election officers are not appointed from the lists of nominees who were not selected as precinct election officers, the county board of elections shall submit its method of selecting alternate precinct election officers to the State Board of Elections for its approval.
  5. If, after all reasonable efforts have been made, the county board of elections is unable to find two (2) qualified officers for each precinct who are affiliated with the two (2) political parties having representation on the State Board of Elections, the county board shall submit a list of emergency election officer appointments to the State Board of Elections. The county board shall also present, in writing, its efforts to recruit and appoint election officers as prescribed in subsection (4) of this section. The list of emergency appointments may include qualified voters not affiliated with the two (2) parties represented on the state board. The state board, after its review, may approve any or all of the emergency appointments submitted by the county board or may direct the county board to take other action. Any emergency appointment shall be made for the next ensuing election only.
  6. In addition to precinct election officers appointed under subsection (1) of this section, a county board of elections may appoint up to two (2) additional precinct election officers per precinct with the approval of the State Board of Elections. The state board shall promulgate an administrative regulation establishing conditions under which additional precinct officers may be approved.
  7. The county board of elections shall, not less than ten (10) days before the next ensuing election, send to each election officer written notice of his appointment. The board may direct the sheriff of the county to serve the notice of appointment, if it deems the action is necessary.
  8. The State Board of Elections may require the county board of elections to submit its list of precinct officers for review. The State Board of Elections may, after a hearing, direct the removal of any election officer who the board finds would not fairly administer the state election laws. The state board shall replace any officer so removed. The board shall provide for the method and manner of the hearing by administrative regulation.
  9. An election officer shall be a qualified voter of the precinct; except that, where no qualified voter of the required political party is available within the precinct, the election officer shall be a qualified voter of the county. A minor seventeen (17) years of age who will become eighteen (18) years of age on or before the day of the regular election may serve as an election officer for the primary and regular elections in which he or she is qualified to vote; however, no precinct shall have more than one (1) person serving as an election officer who is a minor seventeen (17) years of age. An election officer shall not be a candidate for office during the election year. An election officer shall not be the spouse, parent, brother, sister, or child of a candidate who is to be voted for at the election in the precinct in which the election officer will serve on election day. An election officer shall not have changed his voter registration party affiliation for one (1) year prior to his appointment. An election officer may be removed, for cause, at any time up to five (5) days before an election. Vacancies shall be filled by the county board with alternate precinct election officers and the person appointed to fill the vacancy shall be of the same political party as the vacating officer, except for emergency appointments made as provided in subsection (5) of this section.
  10. If the county board of elections fails to appoint election officers, or if any officer is not present at the precinct at the time for commencing the election, or refuses to act, and if no alternate is available, the officer in attendance representing the political party of the absentee shall appoint a suitable person to act in his place for that election. If both representatives of the same political party are absent, qualified voters present affiliating with that party shall elect, viva voce, suitable persons to act in their places.
  11. Each election officer shall be paid a minimum of sixty dollars ($60) per election day served, and such an additional amount as compensation as may be determined by the county board of elections, with the approval of the governing body which would be responsible for funding the election officers’ pay, for each election in which the election officer serves, to be paid by the county. For delivering the election packets to the polls, the precinct election officers shall receive in addition the mileage reimbursement provided for state employees, for each mile necessarily traveled in the delivery of the packets to the polls, or a flat fee if the fee equals or exceeds that amount. For delivering election returns, the precinct election judges shall receive in addition the mileage reimbursement provided for state employees for each mile necessarily traveled from the place of voting to and from the place of delivery, or a flat fee if the fee equals or exceeds that amount. The fee paid to the precinct election judges for delivering election returns shall be paid by the county.

History. Enact. Acts 1974, ch. 130, § 21; 1976, ch. 282, § 1; 1978, ch. 318, § 2, effective June 17, 1978; 1978, ch. 395, § 1, effective June 17, 1978; 1982, ch. 394, § 7, effective July 15, 1982; 1986, ch. 470, § 6, effective July 15, 1986; 1988, ch. 341, § 26, effective July 15, 1988; 1990, ch. 48, § 15, effective July 13, 1990; 1992, ch. 180, § 1, effective July 14, 1992; 1994, ch. 394, § 6, effective July 15, 1994; 1996, ch. 195, § 5, effective July 15, 1996; 1998, ch. 243, § 3, effective April 1, 1998; 2002, ch. 63, § 11, effective July 15, 2002; 2002, ch. 265, § 1, effective July 15, 2002; 2010, ch. 176, § 3, effective July 15, 2010.

NOTES TO DECISIONS

1. In General.

The Legislature, not intraparty rules, provide by statute how precinct election officials are selected. Magoffin County Board of Election Comm'rs v. Conley, 445 S.W.2d 861, 1969 Ky. LEXIS 186 ( Ky. 1969 ) (decided under prior law).

2. Constitutionality.

The fact that under law the election officers were appointed by a board which was not required to have a bipartisan membership did not make the law which so provided unconstitutional. Purnell v. Mann, 105 Ky. 87 , 48 S.W. 407, 1898 Ky. LEXIS 244 ( Ky. 1 898), overruled, Pratt v. Breckinridge, 112 Ky. 1 , 23 Ky. L. Rptr. 1356 , 65 S.W. 136, 1901 Ky. LEXIS 286 ( Ky. 1901 ), overruled in part, Pratt v. Breckinridge, 112 Ky. 1, 23 Ky. L. Rptr. 1356 , 65 S.W. 136, 1901 Ky. LEXIS 286 ( Ky. 1901 ), overruled on other grounds, Pratt v. Breckinridge, 66 S.W. 405, 23 Ky. L. Rptr. 1858 ( Ky. 1902 ) (decided under prior law).

3. Filling Vacancies.

Where a registered Republican was appointed by the Democratic election judge to replace a duly appointed Democratic election clerk without any notice to the board of elections that a vacancy had occurred, such substitute was not lawfully qualified to serve as Democratic clerk in a primary election, but was at least a de facto officer so that the election would not be invalidated merely because of the irregularity in the appointment. Sims v. Atwell, 556 S.W.2d 929, 1977 Ky. App. LEXIS 826 (Ky. Ct. App. 1977).

4. List of County Executive Committee.

The persons named on the list submitted by a political party executive committee need not be registered as members of that party, and in fact need not be members of that party. The board of election commissioners cannot question the party affiliation of anyone so listed. Farleigh v. Reedy, 165 Ky. 782 , 178 S.W. 1077, 1915 Ky. LEXIS 605 ( Ky. 1915 ) (decided under prior law).

The election commissioners must name the precinct officers from the lists of nominees submitted by the governing authority of an authorized political party if the lists are properly and timely presented. Ball v. Helton, 395 S.W.2d 786, 1965 Ky. LEXIS 169 ( Ky. 1965 ) (decided under prior law).

Where there was no proof that the county committee, as composed on the date the first list of election officials was submitted, was not the official committee or that it did not act according to party or statutory law, the election board was required by law to appoint from that list. Magoffin County Board of Election Comm'rs v. Conley, 445 S.W.2d 861, 1969 Ky. LEXIS 186 ( Ky. 1969 ) (decided under prior law).

Where there was no proof and no contention that the committee which existed when the first election official list was submitted was not properly elected or that any other group claimed to be the official committee at that time, selections of voting officials made from that list were valid. Magoffin County Board of Election Comm'rs v. Conley, 445 S.W.2d 861, 1969 Ky. LEXIS 186 ( Ky. 1969 ) (decided under prior law).

5. — Submission.

Where no list has been submitted by the committee of a party, the board of election commissioners must then select members of that party for appointment as election officers, and in so doing must be the judge of the party affiliation of the persons selected. Farleigh v. Reedy, 165 Ky. 782 , 178 S.W. 1077, 1915 Ky. LEXIS 605 ( Ky. 1915 ) (decided under prior law).

Delivery of the written lists to the sheriff, in his official capacity as chairman of the board of election commissioners, was the minimum requirement for substantial compliance with former section governing submission of lists. Ball v. Helton, 395 S.W.2d 786, 1965 Ky. LEXIS 169 ( Ky. 1965 ) (decided under prior law).

Where list of eight (8) names of persons eligible as precinct officers was delivered to one member of the board of election commissioners who was not chairman thereof, and he submitted only two (2) names for each precinct to the board, the board was not required to select the two (2) persons as precinct officers and the selection of some persons who were not on the list of two (2) for some precincts was not invalid. Ball v. Helton, 395 S.W.2d 786, 1965 Ky. LEXIS 169 ( Ky. 1965 ) (decided under prior law).

6. Regular and Local Option Election.

Appointment of same persons to act as officers for local option election and as regular election officers was not improper. Hail v. Gragg, 159 Ky. 75 , 166 S.W. 792, 1914 Ky. LEXIS 750 ( Ky. 1914 ) (decided under prior law).

7. City Election.

The election officers appointed under former similar section were the only persons authorized to hold an election for city officers. City election conducted by officers appointed by mayor was void. Rice v. Mountz, 123 Ky. 590 , 96 S.W. 887, 29 Ky. L. Rptr. 1035 , 1906 Ky. LEXIS 188 ( Ky. 1906 ) (decided under prior law).

8. Bond Election.

Election on question of issuing city bonds for waterworks was not required to be held by election officers appointed under former similar section. In any event, conduct of such election by officers appointed by city council would be a mere irregularity not of such importance as to invalidate the election. Fidelity Trust & Safety Vault Co. v. Mayor, etc. of Morganfield, 96 Ky. 563 , 29 S.W. 442, 16 Ky. L. Rptr. 647 , 1895 Ky. LEXIS 126 ( Ky. 1895 ), overruled, Belknap v. Louisville, 99 Ky. 474 , 36 S.W. 1118, 18 Ky. L. Rptr. 313 , 1896 Ky. LEXIS 122 ( Ky. 1896 ) (decided under prior law).

9. Faction of Party.

Faction of a political party that differed from the regular party in some of the local and state issues but indorsed the utterances of the platform and principles of the regular party as expressed in its last national convention was not a distinct political party and was not entitled to inspectors at voting places during election. Weaver v. Toney, 107 Ky. 419 , 54 S.W. 732, 21 Ky. L. Rptr. 1157 , 1899 Ky. LEXIS 187 ( Ky. 1899 ) (decided under prior law).

10. De Facto Officers.

Where in two precincts, by agreement between election officers, person appointed as sheriff acted as judge, and in another precinct, also by agreement, person appointed as sheriff acted as judge because of absence of one of the appointed judges, and in all three precincts the sheriff so acting as judge signed the ballots as judge, the ballots would be considered valid, since the persons acting as judges were de facto officers. Schaffield v. Hebel, 301 Ky. 358 , 192 S.W.2d 84, 1946 Ky. LEXIS 476 ( Ky. 1946 ) (decided under prior law).

Where substitute election officers were not appointed by the other duly appointed officers as prescribed by this section, but they served as de facto officers, acting in good faith, this irregularity did not invalidate the election. Smith v. Combs, 310 Ky. 755 , 221 S.W.2d 672, 1949 Ky. LEXIS 1007 ( Ky. 1949 ) (decided under prior law).

11. Sheriff and Clerk.

Former section governing selection of election officers did not require that the offices of sheriff and clerk of the election be alternated between the parties, and it was lawful for the board of election commissioners to appoint a Democratic sheriff and a Republican judge in every precinct. Skain v. Milward, 138 Ky. 200 , 127 S.W. 773, 1910 Ky. LEXIS 61 ( Ky. 1910 ) (decided under prior law).

12. Age Requirement.

Persons who will become 18 before the regular election, are qualified as to age to serve as election officers in the primary. Jefferson County Board of Election Com. v. Russell, 323 S.W.2d 864, 1959 Ky. LEXIS 347 ( Ky. 1959 ) (decided under prior law).

13. Party Membership.

The board of election commissioners has power to pass upon the qualifications of election officers, but in the case of a person designated on a list submitted by a party committee, membership in that party is not a necessary qualification. If there is no list submitted, membership in the party which the officer is appointed to represent is a necessary qualification. Farleigh v. Reedy, 165 Ky. 782 , 178 S.W. 1077, 1915 Ky. LEXIS 605 ( Ky. 1915 ) (decided under prior law).

14. Appointment of Substitute.

Former section governing appointment of substitute election officer was applicable to a school bond election, where attempted appointment of election officers was made by less than a quorum of school board. Lamaster v. Wilkerson, 143 Ky. 226 , 136 S.W. 217, 1911 Ky. LEXIS 378 ( Ky. 1911 ) (decided under prior law).

15. Opening of Polls.

The polls should not be opened until at least one of the election officers representing each party is present. If none appears by 6:30 a.m., the vacancy should be filled. Land v. Land, 244 Ky. 126 , 50 S.W.2d 518, 1931 Ky. LEXIS 720 ( Ky. 1931 ) (decided under prior law).

16. Exchange of Offices.

Although “swapping” of offices by precinct officers is contrary to the statutes, it will not invalidate election in absence of unfairness or evidence that election was otherwise conducted improperly or illegally. Schaffield v. Hebel, 301 Ky. 358 , 192 S.W.2d 84, 1946 Ky. LEXIS 476 ( Ky. 1946 ) (decided under prior law).

17. Removal.

The county board of election commissioners had no authority to remove election officers except for the causes and in the manner prescribed by former similar section, and if it attempted a wrongful removal it could be compelled by mandatory injunction to reinstate the removed officers. Denny v. Bosworth, 113 Ky. 785 , 68 S.W. 1078, 24 Ky. L. Rptr. 554 , 1902 Ky. LEXIS 98 ( Ky. 1902 ) (decided under prior law).

Once the board had exercised the power of appointment it was powerless to remove the precinct officers except for cause. Magoffin County Board of Election Comm'rs v. Conley, 445 S.W.2d 861, 1969 Ky. LEXIS 186 ( Ky. 1969 ) (decided under prior law).

Opinions of Attorney General.

No private corporation is legally required to reimburse its employees for the time they may serve as an election officer or for the time they are allowed by law to be absent in order to vote. OAG 74-576 .

The county executive committee of each party is authorized to submit to the county board of elections a list of not less than eight (8) names for each precinct from which the county board is to select two names from each party list as election officers for each precinct, but if the list does not contain eight (8) names, the list may be disregarded and the board may make a selection on its own and, even when lists are properly submitted, the county board is authorized to select any two (2) names from the two (2) lists submitted by each party for a particular precinct without regard to the position of the names on the respective lists. OAG 75-442 .

Since the sheriff is designated as a member of the county board of elections, he is entitled to vote in the manner prescribed in this section. OAG 76-409 .

Since announcement for a public office is not made until after January 1 in the calendar year of the election, while election officers for precincts are selected by the previous September 20 in the preceding calendar year, members of the county board of elections would be entitled to perform their duties, including the selection of election officers on or before September 20 as prescribed in this section through the year preceding the candidacy for public office, unless, prior to such election, they become candidates under any of the conditions set forth in the definition of candidates set forth in subsection (7) of KRS 121.015 ; in addition, they would, of course, become disqualified whenever they actually file as a candidate for public office. OAG 76-409 , modifying OAG 73-202 .

Where under the rules of a political party an elected county official is not eligible to serve as county chairman and such county chairman who is also the county judge is contesting this rule, if only one list of precinct election officers is submitted to the county board of elections, the board should presume that this list is valid if regular on its face even though the chairman may not be qualified under party rules, unless the state party committee notifies the county board to the contrary for it is not up to the county board of elections to determine the qualifications of the county party chairman or the legality of the executive committee submitting the list. OAG 76-492 .

Each party should be equally represented in the May primary in each precinct regardless of whether or not there are any candidates of a particular party running in the primary and where there are only three (3) Republicans running for county office, none of them with opposition, Republicans would be still entitled to one half of all the election officers in the May primary. OAG 77-238 .

Since a duly appointed election officer continues to serve unless or until he either resigns or is removed as provided by statute, the fact that an election officer failed to serve in the November election following his appointment would not affect his right to serve in the May primary. OAG 77-283 .

Although every effort should be made by a county election commission to appoint precinct officers who are qualified under this section, the fact that some officers do not possess the required qualifications would not in any way affect the validity of the election conducted by such officers. OAG 77-305 .

Where precinct lines have been redrawn thereby placing certain officers in precincts other than the one for which they were originally designated and selected, the county board of elections must remove and replace those officers with persons from lists already submitted for the altered precinct, provided there are any names left that qualify within the altered precinct. OAG 77-603 .

If one is appointed to fill a vacancy, which can only occur when the original appointee resigns or refuses to serve prior to the November election by notifying the board, he serves for the remainder of the one-year term, which would of course include the following May primary in accordance with this section. OAG 78-787 .

Those election officers appointed in September, 1979 are required to serve in all elections during the ensuing year which would include any special election, such as one authorized in connection with a levy of a school building tax pursuant to KRS 160.477 . OAG 79-485 .

A board of education is not required to pay a teacher for the day’s work that he misses because of service as a precinct election officer, since such service would require the teacher to be away from school work for the entire day. OAG 79-594 .

There is nothing in this section or any other that would prevent a person selected to be an election official from refusing to do so for whatever reason he may have. OAG 79-594 .

If during an election an election officer must leave for an unexpected cause, he should resign, thereby creating a vacancy which would permit the county board of elections to immediately fill the vacancy during the election; however, if he does not resign, then there would appear to be no alternative but for the remaining election officers to handle the voting procedure. OAG 80-384 .

The election commissioners must respect the Democrat Executive Committee’s choice of election officers if the committee has met the requirements of this section; however, if no lists are submitted or if they do not contain a minimum of four names, the names on such lists may be disregarded and the board may make a selection of its own. OAG 80-529 .

Once a person has been appointed as an election officer in a specific position such as precinct clerk, sheriff or judge and so notified by the board of elections, he cannot switch positions and serve in another one of the positions, since this section clearly implies that the switching of positions is not allowed. OAG 81-280 .

This section clearly provides that where there is no qualified voter of a particular political party available to serve within a particular precinct, a registered party voter residing outside the precinct and anywhere within the county, can be legally appointed to serve as representative of a political party. OAG 84-221 .

The language of this section setting forth the requirements to be contained in a list submitted by the county executive committees is mandatory, and there is no reason that a “list” submitted by members of the County Board of Elections pursuant to this section be different from that submitted by the county executive committee as required in this section without statutory language to the contrary. OAG 90-136 .

117.055. Division of county into precincts — Maps — Failure of board to perform duty — Coordination of precinct boundary changes with other boundaries.

Subject to KRS 117.0551 to 117.0555 :

  1. Each county shall be divided into election precincts by the county board of elections. Each election precinct shall be composed of contiguous and, as nearly as practicable, compact areas having clearly definable boundaries and wholly contained within any larger district. The county board of elections shall establish precincts so that no boundary of a precinct crosses the boundary of:
    1. The Commonwealth;
    2. A county or urban-county;
    3. A congressional district;
    4. A state senatorial district;
    5. A state representative district;
    6. A justice of the peace or county commissioner’s district established under KRS Chapter 67; or
    7. An aldermanic ward established under KRS 83.440 .
  2. The county board of elections shall have the authority to draw precinct lines so as to enable more than one (1) precinct to vote at one (1) location. The county board of elections shall review election precinct boundaries as often as necessary. Without exception, they shall review the boundaries of all election precincts exceeding seven hundred (700) votes cast in the last regular election prior to each primary election, and the State Board of Elections may require a written report at least sixty (60) days prior to the candidate filing deadline set forth in KRS 118.165(1) and (2) on each election precinct exceeding seven hundred (700) votes cast in the last regular election. Consideration to the division of said election precincts should be based on the anticipated growth factor within the specified boundaries; however, the county board of elections shall not be prohibited from dividing election precincts in excess of seven hundred (700) votes cast in the last regular election or less than seven hundred (700) votes cast in the last regular election if they elect to do so. However, the State Board of Elections may, in its discretion, withhold from a county the expenses of an election under KRS 117.345 for any precinct containing more than one thousand five hundred (1,500) registered voters, excluding those precincts utilizing optical scan voting machines and those periods of time in which the precinct boundaries have been frozen under KRS 117.056 .
  3. No election precinct shall be created, divided, abolished, or consolidated or the boundaries therein changed prior to any primary election to comply with the provisions of KRS 117.055 to 117.055 5 and KRS 117.0557 later than the last date prescribed by election law generally for filing notification and declaration forms with the county clerk or Secretary of State. No election precinct shall be created, divided, abolished, or consolidated or the boundaries therein changed prior to any general election to comply with the provisions of KRS 117.055 to 117.0555 and KRS 117.0557 later than the last date prescribed by election law generally for filing certificates or petitions of nomination with the county clerk or Secretary of State.
  4. The county board of elections shall designate the name or number and the boundaries of the election precincts. Each precinct shall contain, as nearly as practicable, an equal number of voters, based on the number of registered voters in the county.
  5. A map and listing of the exact election precinct boundaries shall be filed by the county board of elections with the State Board of Elections, and any changes in boundaries thereafter made shall also be filed with the State Board of Elections. A copy of this map indicating all precinct boundaries within the county shall be included in the election supplies of each precinct.
  6. If the county board of elections fails to perform any of the duties required by KRS 117.055 to 117.0555 and KRS 117.0557 :
    1. The State Board of Elections or any citizen and voter of the county may apply to the Circuit Court of the county for a summary mandatory order requiring the board to perform the duty. Appeals may be taken to the Court of Appeals by either party; and
    2. The State Board of Elections shall not submit claims for payments to the county under KRS 117.343 and 117.345 until the State Board of Elections determines in writing that the duty has been performed.
  7. The county board of elections shall coordinate all precinct boundary changes with the affected school board, magisterial, and municipal boundaries.

History. Enact. Acts 1974, ch. 130, § 22; 1976, ch. 135, § 1; 1976, ch. 333, § 1; 1980, ch. 157, § 1, effective July 15, 1980; 1982, ch. 394, § 8, effective July 15, 1982; 1984, ch. 44, § 3, effective March 2, 1984; 1992, ch. 430, § 1, effective July 14, 1992; 1994, ch. 394, § 7, effective July 15, 1994; 2000, ch. 61, § 1, effective July 14, 2000; 2002, ch. 129, § 1, effective July 15, 2002; 2019 ch. 187, § 13, effective November 6, 2019.

Opinions of Attorney General.

Although the board, if possible, should avoid splitting magisterial district lines, it is not required to do so and may combine two precincts in different magisterial districts into one precinct where necessary to comply with the terms of this section regarding voter distribution. OAG 74-544; modified by OAG 77-126 .

The requirement of KRS 25.700 (repealed) that no boundary line of a justice district shall cross the boundary line of an election precinct in no way controls the realignment of precinct boundaries by the county board of elections. OAG 74-544 ; modified by OAG 77-126 .

Where a school division line bisects a precinct, the county board of elections and the school board should work together in determining the actual location of the eligible voters in each school division who will be voting in a particular precinct and the school board should assist the clerk by furnishing him with such a breakdown since the school board is in a better position to know the location of the school boundary lines and the board should also furnish the clerk with a map showing the school boundary lines so that the clerk can, in turn, determine in which school division within the split precinct the voters reside and thereby mark the registration list that goes to the precinct in such a manner as to enable the election officers to set the machine correctly before each voter proceeds to vote. OAG 76-367 .

A change in precinct boundaries and the reapportionment of magisterial districts are in no way connected in point of time and, as a consequence, there is no requirement that one be initiated before the other. OAG 76-745 .

Where precinct lines coincide a single voting place may be established in one place to permit the voters in both precincts to vote at the same place. OAG 77-43 .

In view of the 1976 amendment to this section and the requirement that magisterial district lines shall not bisect precinct lines found under KRS 25.700 (repealed), the reapportionment commissioners and the county board of elections should make a concerted effort to see that precinct boundary lines and magisterial boundary lines comply with the respective statutes and due to the fact that the magisterial boundary lines must comply with the equal population factor under the “one man, one vote” rule it would be easier for the county board of elections to change the precinct lines so as to coincide with the magisterial district lines after the county has been reapportioned. OAG 77-126 , modifying OAG 74-544 .

This section would permit only one voting place in any one precinct, though such voting place could be utilized by a number of precincts where it is located on or near joining precinct lines. OAG 77-554 .

A county board, in its discretion, may create a new voting precinct composed of an annexed territory where it deems necessary to do so, so long as it is done not less than 55 days before the May primary. OAG 79-99 .

It is mandatory for the county board of elections to review the boundaries of a precinct exceeding 700 voters, but the county board of elections may give permission to exceed 700 voters in a registered precinct and still be within the law. OAG 79-298 .

A county election board may relocate a precinct county line, so as to place a country club entirely within one “wet” precinct before a local option election is held in a second precinct containing half the club where the change would be wholly within the boundary of one magisterial or commissioners’ district and would not affect the precinct location of any voter. OAG 79-609 .

No precinct boundary line can cross a magisterial boundary line which is the political territory having the less area within the county’s boundaries with the exception of municipal boundaries. OAG 79-609 .

After reapportionment involving changes from the prior reapportionment, it is the responsibility of the county board of elections to so draw or redraw precinct boundary lines so that no precinct line bisects or crosses a magisterial line, as last established under reapportionment, but the precinct lines are irrelevant as concerns reapportionment itself. OAG 80-69 .

The 1980 Legislature amended this section to change the method of determining the size of the precincts by eliminating the requirement that it be based on the number of registered voters and providing in its place that it shall be determined by the number of votes cast at the last regular election. OAG 80-378 .

The size of election precincts must be based on the number of votes cast at the last regular election rather than the number of registered voters within the precinct. OAG 80-527 .

The establishment of magisterial districts is done by the work of the commissioners of reapportionment as finally treated by fiscal court ordinance. The coordination of precinct boundaries with magisterial districts is the separate burden of the county board of elections under this section. OAG 82-451 .

A location of one voting place in a city to serve several adjacent precincts would be perfectly proper so long as the actual voting would be held in separate rooms for each precinct. OAG 82-511 .

Where a new districting plan included a city plus some additional area within the magisterial district, since the city could divide its area into a number of precincts, the board could establish one voting place at the courthouse or any other location that was reasonably close to the precinct lines where the voters of all such precints could vote. OAG 82-511.

Where a fiscal court adopts a plan for reapportionment of magisterial districts that meets the provisions of KRS 67.045 , yet divides one or more voting precincts, since both the reapportionment act, KRS 67.045 , and this section, prohibit a precinct line from bisecting or crossing a magisterial district line and particularly following reapportionment as required by KRS 67.045, following reapportionment the county board of elections must alter any precinct that has been crossed by virtue of reapportionment in order to conform with the requirements of KRS 67.045 and this section. OAG 82-617 ; OAG 82-621 .

This section prohibits the fiscal court from changing the present precinct boundary lines until the Kentucky General Assembly has enacted redistricting legislation; the county board of elections has the exclusive authority to alter precinct boundaries rather than the fiscal court. OAG 91-55 .

Where the written description with regard to precinct boundaries did not correspond with the precinct map, the map is the primary document with regard to precinct boundaries. However, if there is a serious discrepancy this would be a factual question which this office cannot answer and which would require a determination by the court. OAG 91-55 .

Under this section, lines are to be drawn by the county board of elections and the reapportionment commission has no authority to establish a precinct boundary. OAG 92-58 .

117.0551. Boundaries of precincts.

  1. A  county board of elections shall establish election precincts so that each  boundary of each precinct follows:
    1. A  boundary described in KRS 117.055(1);
    2. The  boundary of an incorporated city;
    3. A  boundary of an urban-county legislative district established under KRS Chapter  67A;
    4. A  boundary of a school district or school district division established under  KRS Chapter 160; or
    5. A  boundary of a census tract or census block established by the United States  Bureau of the Census for the most recent decennial census of population and  appearing on census block boundary maps.
  2. If  a county board of elections cannot establish a precinct that complies with  KRS 117.055 by using the boundaries permitted under subsection (1) of this  section, the county board of elections may either:
    1. Establish  the precinct boundary by using a boundary following a visible feature, including  but not limited to a highway, railroad, or stream, and an extension of that  visible feature to, but not across, another visible feature, nor across an  extension of another feature that is used as a precinct boundary; or
    2. Request  an exemption under KRS 117.0553 and 117.055 4.
  3. For  purposes of this section, a “visible feature” is a physical feature  shown on official maps prepared by:
    1. The  Kentucky Transportation Cabinet;
    2. The  United States Geological Survey; or
    3. The  United States Bureau of the Census.

History. Enact. Acts 1992, ch. 430, § 2, effective July 14, 1992.

117.0552. Procedure for establishing precincts.

  1. As  used in KRS 117.055 to 117.055 5 and KRS 117.0557 , “establish a precinct”  shall include the following:
    1. Creating  a new precinct;
    2. Dividing  one (1) precinct into two (2) or more precincts;
    3. Combining  two (2) or more precincts into one (1) precinct; and
    4. Altering  a boundary line between two (2) or more precincts.
  2. Each  county board of elections shall establish precincts by issuing a proposed  precinct establishment order. Each proposed precinct establishment order shall  be submitted to the executive director of the State Board of Elections for  approval.
  3. The  order prescribed in subsection (2) of this section shall include:
    1. A  written description of the boundaries of each precinct to be established;
    2. A  map or maps clearly showing the boundaries of each precinct to be established;
    3. The  estimated number of registered voters in each precinct to be established;  and
    4. Any  additional information which may be required by an administrative regulation  adopted by the State Board of Elections under KRS Chapter 13A for the purposes  of assuring compliance with KRS 117.055 to 117.055 5 and KRS 117.0557 .
  4. If  a proposed precinct establishment order includes a description of a precinct  with a boundary that follows the boundary of an entity referred to in KRS 117.0551(1), the order shall include the following:
    1. A  description that precisely identifies the boundary line; and
    2. A  notation on the map of the precinct indicating that the boundary is that of  an entity referred to in KRS 117.0551(1) and naming the specific entity.
  5. If  a proposed precinct establishment order includes a description of a precinct  boundary that follows one or more visible features, the order shall include  a description that precisely identifies each feature that forms the precinct  boundary.

History. Enact. Acts 1992, ch. 430, § 3, effective July 14, 1992.

117.0553. Review and approval of precinct establishment order — Resubmission of returned orders.

  1. The  executive director of the State Board of Elections or his designee shall examine  each proposed precinct establishment order submitted under KRS 117.0552 to  determine if the order would establish precincts in compliance with KRS 117.055 to 117.0552 .
  2. If  the executive director or his designee determines that the proposed precinct  establishment order would comply with KRS 117.055 to 117.0552 , the executive  director shall approve the proposed precinct establishment order no later  than thirty (30) days after its receipt by the executive director. The order  shall become effective upon the executive director’s approval unless the order  contains a different effective date.
  3. If  the executive director or his designee determines that the proposed precinct  establishment order would not comply with KRS 117.055 to 117.0552 , the executive  director shall return the proposed precinct establishment order to the county  board of elections no later than thirty (30) days after he receives the proposed  order. The order shall be accompanied by a letter from the executive director  indicating specifically how the order would not comply with KRS 117.055 to 117.0552 .
  4. If  a proposed precinct establishment order is returned to a county board of elections  under this section, the board may:
    1. Amend  the proposed order so that the precincts may be established in compliance  with KRS 117.055 to 117.0552 ; or
    2. Request  an exemption under KRS 117.055 4; or
    3. Request  a hearing under KRS 117.0555 .
  5. The  county board of elections shall resubmit the proposed order to the executive  director of the State Board of Elections with the amendment, request for an  exemption, or request for a hearing. If the proposed order is resubmitted  with an amendment, the executive director or his designee shall review and  act upon the amended proposal in accordance with subsections (1) to (3) of  this section.

History. Enact. Acts 1992, ch. 430, § 4, effective July 14, 1992.

117.0554. Request for exemption — Procedure.

  1. When  a proposed precinct establishment order has been returned to the county board  of elections under KRS 117.0553 , and the county board of elections has determined  that the noncompliance described by the executive director cannot be corrected  by the establishment of a precinct that complies with the provisions of KRS 117.055 to 117.0552 , the county board of elections may request the State Board  of Elections to grant an exemption.
  2. The  State Board of Elections shall conduct a hearing on the exemption request.  If the State Board of Elections determines that the noncompliance described  by the executive director cannot be corrected by the establishment of a precinct  that complies with all provisions of KRS 117.055 to 117.0552 , the board shall  grant the exemption.
  3. If  the State Board of Elections grants the exemption, the county board of elections  shall amend the proposed precinct establishment order to establish precinct  boundaries:
    1. In  accordance with the exemption granted by the State Board of Elections;
    2. That  comply with all other requirements established by KRS 117.055 to 117.0552 ;  and
    3. That  are precisely described in the order.
  4. The  county board of elections shall submit the amended order to the State Board  of Elections. If the State Board of Elections finds that the proposed order,  as amended, complies with subsection (3) of this section, it shall approve  the order. The order shall become effective upon its approval by the State  Board of Elections unless the order contains a different effective date.

History. Enact. Acts 1992, ch. 430, § 5, effective July 14, 1992.

117.0555. Hearing on returned order believed by county board to be in compliance.

If the county board of elections believes that the proposed order returned under KRS 117.055 3(3) complies with KRS 117.055 to 117.0552 , the county board may resubmit the order to the executive director and request a hearing before the State Board of Elections. If the State Board of Elections determines that the proposed precinct establishment order complies with KRS 117.055 to 117.0552 , the State Board of Elections shall make a written finding of fact that the order complies with KRS 117.055 to 117.0552 and shall approve the order. The order shall become effective upon its approval by the State Board of Elections unless the order contains a different effective date.

History. Enact. Acts 1992, ch. 430, § 6, effective July 14, 1992.

117.0556. Information to be supplied to Legislative Research Commission — Opportunity for comment.

For the purposes of implementing KRS 7.550 :

  1. The  State Board of Elections shall provide the Legislative Research Commission:
    1. A  copy of each proposed precinct establishment order submitted under KRS 117.0552 ;
    2. A  copy of each request for an exemption filed under KRS 117.0553 and 117.0554 ;
    3. Notice  of the time and place of any hearing on a request for an exemption held under  KRS 117.0554 ; and
    4. A  copy of each precinct establishment order approved under KRS 117.0553 to 117.0555 .
  2. The  Legislative Research Commission or its designee shall be given an opportunity  to comment upon any proposed order or request for an exemption made under  KRS 117.0553 to 117.0555 prior to the State Board of Elections’ approval of  the order or decision on the request.

History. Enact. Acts 1992, ch. 430, § 8, effective July 14, 1992.

117.0557. Schedule of actions for compliance with KRS 117.055 and 117.0551.

Not later than January 1, 1995, the boundaries of all election precincts in the Commonwealth shall comply with KRS 117.055 and 117.0551 , and all county boards of elections shall have filed with the State Board of Elections maps and descriptions of precinct boundaries that provide the information required by KRS 117.055 and 117.0552 . For the purpose of implementing this section:

  1. By  July 15, 1993, the State Board of Elections, in consultation with the Legislative  Research Commission, shall review the boundaries of all precincts in effect  on July 14, 1992, to determine whether or not the boundaries comply with KRS 117.055 and 117.0551 . If the State Board of Elections finds that a precinct  boundary does not comply with KRS 117.055 and 117.0551 , it shall so notify  the county board of elections in writing.
  2. By  July 15, 1993, the State Board of Elections, in consultation with the Legislative  Research Commission, shall review the maps and descriptions of precinct boundaries  on file with the State Board of Elections to determine if the boundaries of  all precincts in effect on July 14, 1992, are described and mapped in a manner  that provides the information required by KRS 117.055 and 117.0552 . If the  State Board of Elections finds that the information on file does not provide  the information required by KRS 117.055 and 117.0552 , it shall so notify the  county board of elections in writing.
  3. If  a county board of elections receives notice under subsection (1) or (2) of  this section, it shall prepare a proposed precinct establishment order to  establish a precinct boundary in compliance with KRS 117.055 and 117.0551 ,  or provide a map and description of the precinct boundary in compliance with  KRS 117.055 and 117.0552 , or both, not later than July 15, 1994. The proposed  precinct establishment order shall be processed in the manner prescribed by  KRS 117.0552 to 117.0555 .

History. Enact. Acts 1992, ch. 430, § 9, effective July 14, 1992.

117.056. Maintenance of boundaries of election precincts.

  1. The provisions of KRS 117.055 notwithstanding, the county boards of elections shall maintain the boundaries of election precincts from January 1 of each year ending in “0” until the termination of the next following regular or extraordinary session of the General Assembly which enacts congressional and state legislative redistricting legislation following receipt of the decennial United States Census of Population.
  2. If any county board of elections fails to perform the duty placed upon it by subsection (1) of this section, the State Board of Elections shall apply to the Circuit Court of the county for a writ of mandamus requiring the county board to perform this duty.

History. Enact. Acts 1990, ch. 319, § 1, effective July 13, 1990; 2001, ch. 122, § 1, effective March 19, 2001; 2020 ch. 78, § 1, effective April 7, 2020.

Opinions of Attorney General.

Where the written description with regard to precinct boundaries did not correspond with the precinct map, the map is the primary document with regard to precinct boundaries. However, if there is a serious discrepancy this would be a factual question which this office cannot answer but would require a determination by the court. OAG 91-55 .

117.057. Maintenance of current boundaries of election precincts. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1980, ch. 15, § 1, effective July 15, 1980) was repealed upon the termination of the 1982 Regular Session of the General Assembly pursuant to Acts 1980, ch. 15, § 1(3).

117.058. Legislative approval for certain boundary changes.

The county board of elections shall not add territory to, delete territory from, or otherwise change the boundary of any congressional, representative, or senatorial district without legislative approval to redefine the district in the form of a legislative act changing the district’s boundaries. Nothing in this section shall be deemed to prohibit the consolidation, creation or division of precincts within legislative and congressional district boundaries under KRS 117.055 .

History. Enact. Acts 1982, ch. 394, § 1, effective July 15, 1982; 1986, ch. 470, § 7, effective July 15, 1986.

117.065. Establishing voting places for precincts — Change — Expense — Authority to designate as voting places buildings constructed with tax revenues — Voter accessibility — Immediate telephone accessibility.

  1. The  county board of elections shall, not later than September 20 of each year,  establish the voting place for each precinct. If a change becomes necessary  after that date, notice of change shall be published pursuant to KRS Chapter  424. If a change becomes necessary on election day, notice shall be posted  at the former voting place. The expense of renting voting places, for which  rent of not less than twenty dollars ($20) shall be paid, shall be paid in  the same manner as other election expenses.
  2. The  county board of elections shall have the authority to designate as voting  places, without cost to the board, buildings constructed in whole or in part  with tax revenues.
  3. The  county board of elections shall designate as voting places only those places  which are accessible to all eligible voters, including those with physical  limitations and the elderly.
  4. The  county board of elections shall ensure that each precinct polling place in  the county has immediate access to a telephone within the polling place on  the day of any election.

History. Enact. Acts 1974, ch. 130, § 23; 1976, ch. 135, § 2; 1980, ch. 72, § 1, effective July 15, 1980; 1994, ch. 394, § 8, effective July 15, 1994; 1994, ch. 416, § 2, effective July 15, 1994.

Legislative Research Commission Note.

(7/15/94). This section was amended by 1994 Ky. Acts chs. 394 and 416 which do not appear to be in conflict and have been codified together.

Opinions of Attorney General.

The expenses of opening schools to serve as voting places on a presidential election day as provided by subsection (2) of this section when the schools are mandated to be closed by KRS 2.190 would be so small and incidental as not to be proscribed by Const., §§ 180, 184, 186. OAG 76-592 , withdrawing OAG 42-363 .

Since the requirement that schools not be opened without a custodian is a policy created by school board and not by statute, the circumstances surrounding the use of schools as voting places as provided for in subsection (2) of this section may be structured so that there does not exist any unwarranted and impermissible expenditure of public common school money for election purposes. OAG 76-614 .

This section requires the county board of elections to establish a voting place “for” each precinct; although this section previously used the word “in” instead of “for” it would still appear that the voting place established for a particular precinct should be located therein if at all possible; however, the county board may draw precinct lines so as to enable more than one precinct to vote at one particular location so that a voting place may be established in an adjacent precinct that is on or near the adjoining precinct line thereby serving two precincts. OAG 78-698 .

A location of one voting place in a city to serve several adjacent precincts would be perfectly proper so long as the actual voting would be held in separate rooms for each precinct. OAG 82-511 .

Where a new districting plan included a city plus some additional area within the magisterial district, since the city could divide its area into a number of precincts, the board could establish one voting place at the courthouse or any other location that was reasonably close to the precinct lines where the voters of all such precincts could vote. OAG 82-511.

117.066. Ability of precinct with small number of voters to use voting facilities and election officers of larger precinct. [Effective until July 15, 2020]

  1. In the case of a precinct comprised of a small number of registered voters, the county board of elections may, pursuant to KRS 117.055 , utilize the facilities of another precinct as a voting location. Additionally, the county board of elections may petition the State Board of Elections to allow the precinct election officers of the larger precinct to serve as precinct election officers for the precinct that is the subject of the petition. The petition shall designate both the smaller precinct and the larger precinct with which it is to be included, the type of voting machine or machines to be used, and whether supplemental paper ballots are to be used. The petition shall contain a full explanation of the reasons why inclusion is desirable.
  2. If the petition submitted pursuant to subsection (1) of this section is approved by the State Board of Elections, the election shall be conducted according to the following provisions:
    1. One voting machine may be utilized for both precincts if the State Board of Elections certifies that separate ballots may be placed upon the voting machine to be used without endangering the integrity of the ballots or without violating any other election law. Otherwise, separate voting machines shall be used for each precinct. In the instance of a precinct which has a small number of voters such that the use of a separate voting machine would be cost-prohibitive, the county clerk may make application to the State Board of Elections to use supplemental paper ballots under KRS 118.215 to conduct the voting for the small precinct on election day. If the use of supplemental paper ballots is approved by the State Board of Elections, at the close of voting on election day, the locked ballot box shall be transported to the county board of elections and ballots shall be counted by the county board of elections as provided by KRS 117.275(10) to (13);
    2. Separate precinct voter rosters shall be maintained for each precinct, and steps shall be taken to insure that voters cast their ballot in their duly authorized precinct; and
    3. A separate set of elections forms and reports required by this chapter and the State Board of Elections shall be maintained for each precinct.

History. Enact. Acts 1992, ch. 430, § 10, effective April 13, 1992; 2002, ch. 129, § 3, effective April 2, 2002; 2008, ch. 129, § 13, effective July 15, 2008.

Legislative Research Commission Note.

(7/15/2010). A reference to “KRS 117.275 (7)” in subsection (2)(a) of this statute has been changed in codification to “KRS 117.275 (10) to (13).” 2010 Ky. Acts ch. 176, sec. 8, renumbered and subdivided the former subsection (7) of KRS 117.275 as subsections (10), (11), (12), and (13), but failed to include a conforming amendment to the reference in subsection (2)(a) of this statute. This manifest clerical or typographical error has been corrected by the Reviser of Statutes under the authority of KRS 7.136(1).

117.066. Ability of precinct with small number of voters to use voting facilities and election officers of larger precinct. [Effective July 15, 2020]

  1. In the case of a precinct comprised of a small number of registered voters, the county board of elections may, pursuant to KRS 117.055 , utilize the facilities of another precinct as a voting location. Additionally, the county board of elections may petition the State Board of Elections to allow the precinct election officers of the larger precinct to serve as precinct election officers for the precinct that is the subject of the petition. The petition shall designate both the smaller precinct and the larger precinct with which it is to be included, the type of voting machine or machines to be used, and whether supplemental paper ballots are to be used. The petition shall contain a full explanation of the reasons why inclusion is desirable.
  2. If the petition submitted pursuant to subsection (1) of this section is approved by the State Board of Elections, the election shall be conducted according to the following provisions:
    1. One voting machine may be utilized for both precincts if the State Board of Elections certifies that separate ballots may be placed upon the voting machine to be used without endangering the integrity of the ballots or without violating any other election law. Otherwise, separate voting machines shall be used for each precinct. In the instance of a precinct which has a small number of voters such that the use of a separate voting machine would be cost- prohibitive, the county clerk may make application to the State Board of Elections to use supplemental paper ballots under KRS 118.215 to conduct the voting for the small precinct on election day. If the use of supplemental paper ballots is approved by the State Board of Elections, at the close of voting on election day, the locked supplemental paper ballot box shall be transported to the county board of elections along with the federal provisional ballot receptacle, and ballots shall be counted by the county board of elections as provided by KRS 117.275(10) to (14);
    2. Separate precinct voter rosters shall be maintained for each precinct, and steps shall be taken to insure that voters cast their ballot in their duly authorized precinct; and
    3. A separate set of elections forms and reports required by this chapter and the State Board of Elections shall be maintained for each precinct.

HISTORY: Enact. Acts 1992, ch. 430, § 10, effective April 13, 1992; 2002, ch. 129, § 3, effective April 2, 2002; 2008, ch. 129, § 13, effective July 15, 2008; 2020 ch. 89, § 4, effective July 15, 2020.

Disabled and Absent Voters

117.075. Mail-in absentee ballots for voters with disabilities. [Repealed]

History. Enact. Acts 1976, ch. 247, § 3; 1978, ch. 222, § 1, effective June 17, 1978; 1980, ch. 73, § 1, effective July 15, 1980; 1982, ch. 141, § 56, effective July 1, 1982; 1982, ch. 360, § 38, effective July 15, 1982; 1982, ch. 394, § 9, effective July 15, 1982; 1984, ch. 185, § 7, effective July 13, 1984; 1986, ch. 287, § 4, effective July 15, 1986; 1986, ch. 470, § 8, effective July 15, 1986; 1990, ch. 48, § 16, effective July 13, 1990; 1992, ch. 65, § 1, effective March 19, 1992; 1994, ch. 394, § 9, effective July 15, 1994; 1994, ch. 405, § 14, effective July 15, 1994; 1998, ch. 243, § 4, effective April 1, 1998; 2010, ch. 176, § 4, effective July 15, 2010; 2017 ch. 190, § 6, effective April 11, 2017; repealed by 2019 ch. 112, § 8, effective June 27, 2019.

117.077. Absentee ballot for medical emergencies.

In case of a medical emergency within fourteen (14) days or less of an election, a registered voter and the registered voter’s spouse may apply for an absentee ballot. The application shall state that the emergency condition occurred within the fourteen (14) day period. The application shall be notarized. The application form may be requested by and delivered by the voter or the spouse, parents, or children of the voter. If the voter has no spouse, parents, or children, the application form may be requested by and delivered by the brother, sister, niece, nephew, or designee of the voter. The application form shall be restricted to the use of the voter. Upon receipt of the application and verification, the county clerk shall issue an absentee ballot.

History. Enact. Acts 1986, ch. 287, § 2, effective July 15, 1986; 1990, ch. 48, § 17, effective July 13, 1990; 1994, ch. 394, § 10, effective July 15, 1994; 1998, ch. 243, § 5, effective April 1, 1998; 2002, ch. 3, § 1, effective Feburary 15, 2002.

117.079. Administrative regulations for absentee voting by military and overseas voters.

The provisions of KRS 117.085 , 117.086 , and Chapter 117A notwithstanding, the State Board of Elections shall, as circumstances warrant and with the concurrence of the Attorney General, promulgate necessary administrative regulations to preserve the absentee voting rights of residents of Kentucky who are covered voters as defined in KRS 117A.010 .

History. Enact. Acts 1991 (1st Ex. Sess.), ch. 17, § 1, effective March 1, 1991; 2013, ch. 131, § 21, effective July 1, 2014.

117.085. Application for mail-in absentee ballot — In-person absentee voting in the clerk’s office — Supervision of and challengers for absentee voting — Form of ballot — Cancellation of absentee ballot — Disclosure of information. [Effective until July 15, 2020]

  1. All requests for an application for a mail-in absentee ballot may be transmitted by telephone, facsimile machine, by mail, by electronic mail, or in person. The county clerk shall transmit all applications for a mail-in absentee ballot to the voter by mail, electronic mail, or in person at the option of the voter, except as provided in paragraph (b) of this subsection. The mail-in absentee ballot application may be requested by the voter or the spouse, parents, or children of the voter, but shall be restricted to the use of the voter.
    1. A qualified voter may apply to cast his or her vote by mail-in absentee ballot if the completed application is received not later than the close of business hours seven (7) days before the election, and if the voter is:
      1. A resident of Kentucky who is a covered voter as defined in KRS 117A.010 ;
      2. A student who temporarily resides outside the county of his or her residence;
      3. Incarcerated in jail and charged with a crime, but has not been convicted of the crime;
      4. Changing or has changed his or her place of residence to a different state while the registration books are closed in the new state of residence before an election of electors for President and Vice President of the United States, in which case the voter shall be permitted to cast a mail-in absentee ballot for electors for President and Vice President of the United States only;
      5. Temporarily residing outside the state but still eligible to vote in this state;
      6. Prevented from voting in person at the polls on election day and from casting an in-person absentee ballot in the county clerk’s office on all days in-person absentee voting is conducted because his or her employment location requires him or her to be absent from the county of his or her residence all hours and all days in-person absentee voting is conducted in the county clerk’s office;
      7. A participant in the Secretary of State’s crime victim address confidentiality protection program as authorized by KRS 14.312 ; or
      8. Not able to appear at the polls on election day on the account of age, disability, or illness, and who has not been declared mentally disabled by a court of competent jurisdiction.
    2. Residents of Kentucky who are covered voters as defined in KRS 117A.010 may apply for a mail-in absentee ballot by means of the federal post-card application, which may be transmitted to the county clerk’s office by mail, by facsimile machine, or by means of the electronic transmission system established under KRS 117A.030(4). The federal post-card application may be used to register, reregister, and to apply for a mail-in absentee ballot. If the federal post-card application is received at any time not less than seven (7) days before the election, the county clerk shall affix his or her seal to the application form upon receipt.
    3. In-person absentee voting shall be conducted in the county clerk’s office or other place designated by the county board of elections and approved by the State Board of Elections during normal business hours for at least the twelve (12) working days before the election. A county board of elections may permit in-person absentee voting to be conducted on a voting machine for a period longer than the twelve (12) working days before the election.
    4. A qualified voter may, at any time during normal business hours on those days in-person absentee voting is conducted in the county clerk’s office, make application in person to the county clerk to vote on a voting machine in the county clerk’s office or other place designated by the county board of elections and approved by the State Board of Elections, if the voter:
      1. Is a resident of Kentucky who is a covered voter as defined in KRS 117A.010, who will be absent from the county of his or her residence on any election day;
      2. Is a student who temporarily resides outside the county of his or her residence;
      3. Has surgery, or whose spouse has surgery, scheduled that will require hospitalization on election day;
      4. Temporarily resides outside the state, but is still eligible to vote in this state and will be absent from the county of his or her residence on any election day;
      5. Is a resident of Kentucky who is a uniformed-service voter as defined in KRS 117A.010 confined to a military base on election day, learns of that confinement within seven (7) days or less of an election, and is not eligible for a mail-in absentee ballot under this subsection;
      6. Is in her last trimester of pregnancy at the time she wishes to vote under this paragraph. The application form for a voter under this subparagraph shall be prescribed by the State Board of Elections, which shall contain the woman’s sworn statement that she is in fact in her last trimester of pregnancy at the time she wishes to vote;
      7. Has not been declared mentally disabled by a court of competent jurisdiction and, on account of age, disability, or illness, is not able to appear at the polls on election day; or
      8. Is not permitted to vote by a mail-in absentee ballot under paragraph (a) of this subsection, but who will be absent from the county of his or her residence on election day.
    5. Voters who change their place of residence to a different state while the registration books are closed in the new state of residence before a presidential election shall be permitted to cast an in-person absentee ballot for President and Vice President only, by making application in person to the county clerk to vote on a voting machine in the county clerk’s office or other place designated by the county board of elections and approved by the State Board of Elections, up to the close of normal business hours on the day before the election.
    6. Any member of the county board of elections, any precinct election officer appointed to serve in a precinct other than that in which he or she is registered, any alternate precinct election officer, any deputy county clerk, any staff for the State Board of Elections, and any staff for the county board of elections may vote on a voting machine in the county clerk’s office or other place designated by the county board of elections, and approved by the State Board of Elections, up to the close of normal business hours on the day before the election. The application form for those persons shall be prescribed by the State Board of Elections and, in the case of application by precinct election officers, shall contain a verification of appointment signed by a member of the county board of elections. If an alternate precinct election officer or a precinct election officer appointed to serve in a precinct other than that in which he or she is registered receives his or her appointment while in-person absentee voting is being conducted in the county, the officer may vote on a voting machine in the county clerk’s office or other place designated by the county board of elections, and approved by the State Board of Elections, up to the close of normal business hours on the day before the election. Precinct election officers’ verification of appointment shall also contain the date of appointment. The applications shall be restricted to the use of the voter only.
    7. The members of the county board of elections or their designees who provide equal representation of both political parties may serve as precinct election officers, without compensation, for all in-person absentee voting performed on a voting machine in the county clerk’s office or other place designated by the county board of elections and approved by the State Board of Elections. If the members of the county board of elections or their designees serve as precinct election officers for the in-person absentee voting, they shall perform the same duties and exercise the same authority as precinct election officers who serve on the day of an election. If the members of the county board of elections or their designees do not serve as precinct election officers for in-person absentee voting, the county clerk or deputy county clerks shall supervise the in-person absentee voting.
    8. Any individual qualified to appoint challengers for the day of an election may also appoint challengers to observe all in-person absentee voting performed at the county clerk’s office or other place designated by the county board of elections, and approved by the State Board of Elections, and those challengers may exercise the same privileges as challengers appointed for observing voting on the day of an election at a regular polling place.
  2. The county clerk shall type the name of the voter permitted to vote by mail-in absentee ballot on the mail-in absentee ballot application form for that person’s use and no other. The mail-in absentee ballot application form shall be in the form prescribed by the State Board of Elections, shall bear the seal of the county clerk, and shall contain the following information: name, residential address, precinct, party affiliation, statement of the reason the person cannot vote in person on election day, statement of where the voter shall be on election day, statement of compliance with residency requirements for voting in the precinct, and the voter’s mailing address for a mail-in absentee ballot. The mail-in absentee ballot application form shall be verified and signed by the voter. A notice of the actual penalty provisions in KRS 117.995(2) and (5) shall be printed on the mail-in absentee ballot application form.
  3. If the county clerk finds that the voter is properly registered as stated in his or her mail-in absentee ballot application form and qualifies to receive a mail-in absentee ballot by mail, he or she shall mail to the voter a mail-in absentee ballot, two (2) official envelopes for returning the mail-in absentee ballot, and instructions for voting. The county clerk shall complete a postal form for a certificate of mailing for mail-in absentee ballots mailed within the fifty (50) states, and it shall be stamped by the postal service when the mail-in absentee ballots are mailed. A mail-in absentee ballot may be transmitted by facsimile machine or by the electronic transmission system established under KRS 117A.030(4) to a covered voter as defined in KRS 117A.010 . The covered voter shall be notified of the options for transmittal of the mail-in absentee ballot, and the mail-in absentee ballot shall be transmitted by the method chosen for receipt by the resident of Kentucky who is a covered voter.
  4. Mail-in absentee ballots which are requested prior to the printing of the mail-in absentee ballots shall be mailed or otherwise transmitted as provided in subsection (3) of this section by the county clerk to the voter within three (3) days of the receipt of the printed ballots. Mail-in absentee ballots requested after the receipt of the ballots by the county clerk shall be mailed or otherwise transmitted as provided in subsection (3) of this section to the voter within three (3) days of the receipt of the request.
  5. The county clerk shall cause mail-in absentee ballots to be printed fifty (50) days prior to each primary or regular election, and forty-five (45) days prior to a special election.
  6. The outer envelope shall bear the words “Absentee Ballot” and the address and official title of the county clerk and shall provide space for the voter’s signature, voting address, precinct number, and signatures of two (2) witnesses if the votersigns the form with the use of a mark instead of the voter’s signature. A detachable flap on the inner envelope shall provide space for the voter’s signature, voting address, precinct number, signatures of two (2) witnesses if the voter signs the form with the use of a mark instead of the voter’s signature and notice of penalty provided in KRS 117.995(5). The county clerk shall type the voter’s address and precinct number in the upper left hand corner of the outer envelope and of the detachable flap on the inner envelope immediately below the blank space for the voter’s signature. The inner envelope shall be blank. The county clerk shall retain the mail- in ballot application form and the postal form required by subsection (3) of this section for twenty-two (22) months after the election.
  7. Any person who has received a mail-in absentee ballot by mail but who knows at least seven (7) days before the date of the election that he or she will be in his or her county of residence on election day and who has not voted pursuant to the provisions of KRS 117.086 shall cancel his or her mail-in absentee ballot and vote in person. The voter shall return the mail-in absentee ballot to the county clerk’s office no later than seven (7) days prior to the date of the election. Upon the return of the mail-in absentee ballot, the county clerk shall mark on the outer envelope of the sealed ballot or the unmarked ballot the words “Canceled because voter appeared to vote in person.” Sealed envelopes so marked shall not be opened. The county clerk shall remove the voter’s name from the list of persons who were sent mail-in absentee ballots, and the voter may vote in the precinct in which he or she is properly registered.
  8. Any voter qualified for a mail-in absentee ballot who does not receive a requested mail-in absentee ballot within a reasonable amount of time shall contact the county clerk, who shall reissue a second mail-in absentee ballot. The county clerk shall keep a record of the mail-in absentee ballots issued and returned by mail, and the in- person absentee voting that is performed on the voting machine in the county clerk’s office or other place designated by the county board of elections and approved by the State Board of Elections, to verify that only the first voted ballot to be returned by the voter is counted. Upon the return of any ballot after the first ballot is returned, the county clerk shall mark on the outer envelope of the sealed ballot the words “Canceled because ballot reissued.”
  9. Any covered voter as defined in KRS 117A.010 who has received a mail-in absentee ballot but who knows that he or she will be in the county on election day and who has not voted pursuant to the provisions of KRS 117.086 shall cancel his or her mail-in absentee ballot and vote in person. The voter shall return the mail-in absentee ballot to the county clerk’s office on or before election day. Upon the return of the mail-in absentee ballot, the county clerk shall mark on the outer envelope of the sealed mail-in absentee ballot or the unmarked mail-in absentee ballot the words “Canceled because voter appeared to vote in person.” Sealed envelopes so marked shall not be opened. If the covered voter is unable to return the mail-in absentee ballot to the county clerk’s office on or before election day, at the time he or she votes in person, he or she shall sign a written oath as to his or her qualifications on the form prescribed by the State Board of Elections pursuant to KRS 117.245 . The county clerk shall remove the voter’s name from the list of persons who were sent mail-in absentee ballots, provide the voter with written authorization to vote at the precinct, and the voter may vote in the precinct in which he or she is properly registered.
  10. Notwithstanding the provisions of the Kentucky Open Records Act, KRS 61.870 to 61.884 , the information contained in an application for a mail-in absentee ballot shall not be made public until after the close of business hours on the election day for which the application applies. This subsection shall not prohibit at any time the disclosure, upon request, of the total number of applications for mail-in absentee ballots that have been filed, or the disclosure to the Secretary of State or the State Board of Elections, if requested or if otherwise required by law, of any information in an application for a mail-in absentee ballot.

HISTORY: Enact. Acts 1976, ch. 247, § 4; 2017 ch. 190, § 7, effective April 11, 2017; 2019 ch. 112, § 2, effective June 27, 2019.

NOTES TO DECISIONS

The application for an absentee ballot must be considered as having been made when properly mailed and the actual receipt by the clerk within the specified time is not required. Queenan v. Russell, 339 S.W.2d 475, 1960 Ky. LEXIS 469 ( Ky. 1960 ) (decided under prior law).

Former sections governing applications for absentee ballots imposed no duty upon a notary public to administer an oath or to notarize an application for an absentee ballot. Redden v. Commonwealth, 339 S.W.2d 447, 1960 Ky. LEXIS 452 ( Ky. 1960 ) (decided under prior law).

There was substantial compliance with posting requirement where the list was publicly available on the counter in the county clerk’s office. Arnett v. Hensley, 425 S.W.2d 546, 1968 Ky. LEXIS 418 ( Ky. 1968 ) (decided under prior law).

Merely furnishing a list to the officers present at the polling places did not satisfy the posting requirements of former section. Arnett v. Hensley, 425 S.W.2d 546, 1968 Ky. LEXIS 418 ( Ky. 1968 ) (decided under prior law).

Substantial evidence supported the trial court’s finding that a clear majority of the walk-in absentee votes cast in one district were tainted because (1) improper addresses were provided; (2) persons obtaining absentee ballots were actually in the county on election day; and (3) voters not entitled to assistance with voting machines under Kentucky law obtained such assistance. McClendon v. Hodges, 272 S.W.3d 188, 2008 Ky. LEXIS 257 ( Ky. 2008 ).

1. Voiding Elections.

Election was declared void because (1) a county board of elections did not substantially comply with absentee ballot counting requirements, (2) there were repeated Corrupt Practices Act violations and misconduct during voting on election day, and (3) cumulative departures from statutory mandates disfranchised legal voters or those who cast valid absentee ballots. Hardin v. Montgomery, 2015 Ky. App. LEXIS 94 (Ky. Ct. App. June 12, 2015), rev'd, 495 S.W.3d 686, 2016 Ky. LEXIS 332 ( Ky. 2016 ) (Ct. App. Ky. 2016 ).

Alleged irregularities relating to the in-house absentee process did not justify nullifying an election for judge executive where Ky Rev. Stat. Ann. § 117.085(1)(h) disclosed no requirement for each board member to be present at the in-house voting site, and the four occasion in which a deputy county clerk or Democrat election commissioner assisted voters with no one else present were not so widespread as to invalidate the entire absentee balloting process under the Ragan-Warren standard. Hardin v. Montgomery, 495 S.W.3d 686, 2016 Ky. LEXIS 332 ( Ky. 2016 ).

2. Miscellaneous.

Election officials' failure to obtain the voter's telephone number and social security number did not render the absentee voter application invalid or illegal where Ky. Rev. Stat. Ann. § 117.085(2) did not direct the clerk or the election officials to obtain that information, no other law so provide, and the name and address of the voter on the application provided adequate identifying information. Hardin v. Montgomery, 495 S.W.3d 686, 2016 Ky. LEXIS 332 ( Ky. 2016 ).

In a federal prosecution of a deputy clerk for participation in a vote buying conspiracy, the jury was incorrectly told that Kentucky law prohibited the clerk from supervising in-person absentee voting; because a challenger is not an election officer, a challenger’s presence did not result in equal representation of political parties, and the clerk’s supervision was proper. The error was not prejudicial because the jury was correctly instructed that the clerk could not lawfully assist voters. United States v. Risner, 737 Fed. Appx. 751, 2018 FED App. 0304N, 2018 U.S. App. LEXIS 16252 (6th Cir. Ky. 2018 ).

Where two entirely separate elections were to take place on the same day, since the Legislature has failed to provide a method of procedure for printing and issuing ballots for such combined elections, it would be deemed in the best interests of all concerned to have a separate ballot printed for each of such elections, and sent separately by the county clerk, to those who properly applied for an absent voter’s ballot. Martin v. Moore, 306 S.W.2d 98, 1957 Ky. LEXIS 18 ( Ky. 1957 ) (decided under prior law).

Kentucky statutes that prohibited disclosing names and temporary addresses of absentee voters prior to election, did not infringe upon candidates' free speech rights because First Amendment does not require government to disclose information to candidates in order to facilitate their campaign efforts. Sheldon v. Grimes, 18 F. Supp. 3d 854, 2014 U.S. Dist. LEXIS 60518 (E.D. Ky. 2014 ), dismissed, 2014 U.S. Dist. LEXIS 204266 (E.D. Ky. Aug. 26, 2014).

Opinions of Attorney General.

Since this section provides that the clerk shall retain the absent voters’ applications until 30 days (now 22 months) after the election, the clerk should not turn over the applications to the state police before the expiration of the 30-day period (now 22 months) unless he is presented with a court order directing him to do so. OAG 77-727 .

If the voter furnishes sufficient identification on the telephone to the satisfaction of the clerk, such method of making application for the form would be legal under the terms of the statute. OAG 78-424 .

The provision in this section that the voter may make application to the clerk in person or by mail for an absentee ballot can only refer to the return of the application form, properly filled out by the voter, to the clerk for his absentee ballot, and could not be construed to refer to obtaining the application form by the voter for future submission back to the clerk for his absentee ballot. OAG 78-424 .

The county clerk cannot hand deliver any absent voter’s ballot but must mail all such ballots to the voter. OAG 79-311 .

A voter who desires to vote absentee could, pursuant to this section, request an application form for an absent ballot from the clerk by telephone, provided the clerk could properly identify the voter. OAG 80-416 .

Where the clerk’s seal was inadvertently left off the application form and there was ample evidence that the form was in fact sent to the voter from the clerk’s office and received from the voter properly filled out and signed, the statutory requirement of this section has been substantially complied with; therefore, the application form sent to and returned by the voter would be valid. Added weight to this conclusion is the fact that the voter has complied with the statutory requirements imposed on him in making application and returning same and should not be penalized for an error committed on the part of the clerk or one of his deputies. OAG 83-436 .

Absentee ballots and applications which were in the custody of the circuit clerk pending an election contest suit were “public records” in the possession of a “public agency” pursuant to KRS 61.870 and open to public inspection while in the clerk’s custody. OAG 83-476 .

Although there is no specific statute under the election laws declaring that a voter’s application for an absentee ballot required to be made under KRS 117.075 or this section becomes a public record open to public inspection, the completed application constitutes a public record to which the county clerk cannot deny access. OAG 84-166 .

Since subsection (4) (now (5)) of this section which requires county clerks to have election ballots printed 50 days before the election and KRS 83A.045 under certain conditions allows candidates for city offices in certain small cities to file for office up to 30 days before election, are patent and irreconcilable, county clerks should proceed with the printing of the ballots as required by subsection (4) (now (5)) of this section even though there is still time for some candidates to file for certain city offices; if a candidate later files for one (1) of the city races, the clerk may reprint the ballots for the precincts within the affected city. With regard to city voters who may receive an absentee ballot while the filing period is still open, the situation should be disclosed to them by attaching a notice to the absentee ballot so that they may choose to withhold voting until all the candidates are known. OAG 93-62 .

This section permits all students who live outside the county in which they are registered to vote by paper absentee ballot. OAG 94-59 .

Legislation providing for “no-excuse absentee voting,” or early voting, in order to comply with federal law, a final court decision binding the Commonwealth, or rights recognized in the Bill of Rights of the Kentucky Constitution would not require an amendment to the Kentucky Constitution. OAG 07-05 .

Research References and Practice Aids

Cross-References.

Eligibility to vote, persons charged with crime, KRS 116.025 .

Absentee write-in voting, KRS 117.265 .

ALR

Validity of absentee voters’ law. 97 A.L.R.2d 218.

Construction and effect of absentee voters’ law. 97 A.L.R.2d 257.

117.085. Application for mail-in absentee ballot and federal in-person provisional absentee voting — Absentee ballot for medical emergencies — In-person absentee voting in the clerk’s office — Supervision of and challengers for absentee voting — Form of ballot — Voter’s proof of identification or voter affirmation — Cancellation of absentee ballot — Disclosure of information. [Effective July 15, 2020]

  1. All requests for an application for a mail-in absentee ballot may be transmitted by telephone, facsimile machine, by mail, by electronic mail, or in person. The county clerk shall transmit all applications for a mail-in absentee ballot to the voter by mail, electronic mail, or in person at the option of the voter, except as provided in paragraph (b) of this subsection. Except as otherwise provided in KRS 117.077 , the mail-in absentee ballot application may be requested by the voter or the spouse, parents, or children of the voter, but shall be restricted to the use of the voter.
    1. Except as otherwise provided in KRS 117.077 , a qualified voter may apply to cast his or her vote by mail-in absentee ballot if the completed application is received not later than the close of business hours seven (7) days before the election, and if the voter is:
      1. A resident of Kentucky who is a covered voter as defined in KRS 117A.010 ;
      2. A student who temporarily resides outside the county of his or her residence;
      3. Incarcerated in jail and charged with a crime, but has not been convicted of the crime;
      4. Changing or has changed his or her place of residence to a different state while the registration books are closed in the new state of residence before an election of electors for President and Vice President of the United States, in which case the voter shall be permitted to cast a mail-in absentee ballot for electors for President and Vice President of the United States only;
      5. Temporarily residing outside the state but still eligible to vote in this state;
      6. Prevented from voting in person at the polls on election day and from casting an in-person absentee ballot in the county clerk’s office on all days in-person absentee voting is conducted because his or her employment location requires him or her to be absent from the county of his or her residence all hours and all days in-person absentee voting is conducted in the county clerk’s office;
      7. A participant in the Secretary of State’s crime victim address confidentiality protection program as authorized by KRS 14.312 ; or
      8. Not able to appear at the polls on election day on the account of age, disability, or illness, and who has not been declared mentally disabled by a court of competent jurisdiction.
    2. Residents of Kentucky who are covered voters as defined in KRS 117A.010 may apply for a mail-in absentee ballot by means of the federal post-card application, which may be transmitted to the county clerk’s office by mail, by facsimile machine, or by means of the electronic transmission system established under KRS 117A.030(4). The federal post-card application may be used to register, reregister, and to apply for a mail-in absentee ballot. If the federal post-card application is received at any time not less than seven (7) days before the election, the county clerk shall affix his or her seal to the application form upon receipt.
    3. In-person absentee voting shall be conducted in the county clerk’s office or other place designated by the county board of elections and approved by the State Board of Elections during normal business hours for at least the twelve (12) working days before the election. A county board of elections may permit in-person absentee voting to be conducted on a voting machine for a period longer than the twelve (12) working days before the election.
    4. A qualified voter may, at any time during normal business hours on those days in-person absentee voting is conducted in the county clerk’s office, make application in person to the county clerk to vote on a voting machine in the county clerk’s office or other place designated by the county board of elections and approved by the State Board of Elections, if the voter provides proof of identification as defined in KRS 117.375 or meets the requirements of KRS 117.228 and 117.229 , and the voter:
      1. Is a resident of Kentucky who is a covered voter as defined in KRS 117A.010, who will be absent from the county of his or her residence on any election day;
      2. Is a student who temporarily resides outside the county of his or her residence;
      3. Has surgery, or whose spouse has surgery, scheduled that will require hospitalization on election day;
      4. Temporarily resides outside the state, but is still eligible to vote in this state and will be absent from the county of his or her residence on any election day;
      5. Is a resident of Kentucky who is a uniformed-service voter as defined in KRS 117A.010 confined to a military base on election day, learns of that confinement within seven (7) days or less of an election, and is not eligible for a mail-in absentee ballot under this subsection;
      6. Is in her last trimester of pregnancy at the time she wishes to vote under this paragraph. The application form for a voter under this subparagraph shall be prescribed by the State Board of Elections, which shall contain the woman’s sworn statement that she is in fact in her last trimester of pregnancy at the time she wishes to vote;
      7. Has not been declared mentally disabled by a court of competent jurisdiction and, on account of age, disability, or illness, is not able to appear at the polls on election day; or
      8. Is not permitted to vote by a mail-in absentee ballot under paragraph (a) of this subsection, but who will be absent from the county of his or her residence on election day.
    5. Voters who change their place of residence to a different state while the registration books are closed in the new state of residence before a presidential election shall be permitted to cast an in-person absentee ballot for President and Vice President only, by making application in person to the county clerk to vote on a voting machine in the county clerk’s office or other place designated by the county board of elections and approved by the State Board of Elections, up to the close of normal business hours on the day before the election.
    6. Any member of the county board of elections, any precinct election officer appointed to serve in a precinct other than that in which he or she is registered, any alternate precinct election officer, any deputy county clerk, any staff for the State Board of Elections, and any staff for the county board of elections may vote on a voting machine in the county clerk’s office or other place designated by the county board of elections, and approved by the State Board of Elections, up to the close of normal business hours on the day before the election. The application form for those persons shall be prescribed by the State Board of Elections and, in the case of application by precinct election officers, shall contain a verification of appointment signed by a member of the county board of elections. If an alternate precinct election officer or a precinct election officer appointed to serve in a precinct other than that in which he or she is registered receives his or her appointment while in-person absentee voting is being conducted in the county, the officer may vote on a voting machine in the county clerk’s office or other place designated by the county board of elections, and approved by the State Board of Elections, up to the close of normal business hours on the day before the election. Precinct election officers’ verification of appointment shall also contain the date of appointment. The applications shall be restricted to the use of the voter only.
    7. The members of the county board of elections or their designees who provide equal representation of both political parties may serve as precinct election officers, without compensation, for all in-person absentee voting performed on a voting machine in the county clerk’s office or other place designated by the county board of elections and approved by the State Board of Elections. If the members of the county board of elections or their designees serve as precinct election officers for the in-person absentee voting, they shall perform the same duties and exercise the same authority as precinct election officers who serve on the day of an election. If the members of the county board of elections or their designees do not serve as precinct election officers for in- person absentee voting, the county clerk or deputy county clerks shall supervise the in-person absentee voting.
    8. Any individual qualified to appoint challengers for the day of an election may also appoint challengers to observe all in-person absentee voting performed at the county clerk’s office or other place designated by the county board of elections, and approved by the State Board of Elections, and those challengers may exercise the same privileges as challengers appointed for observing voting on the day of an election at a regular polling place.
  2. The county clerk shall type the name of the voter permitted to vote by mail-in absentee ballot on the mail-in absentee ballot application form for that person’s use and no other. The mail-in absentee ballot application form shall be in the form prescribed by the State Board of Elections, which shall include the voter affirmation form as prescribed in KRS 117.228(1)(c), shall bear the seal of the county clerk, and shall contain the following information: name, residential address, precinct, party affiliation, statement of the reason the person cannot vote in person on election day, statement of where the voter shall be on election day, statement of compliance with residency requirements for voting in the precinct, an instructional statement prescribing the requirements for providing a copy of the voter’s proof of identification or voter affirmation when applicable, and the voter’s mailing address for a mail-in absentee ballot. The mail-in absentee ballot application form shall be verified and signed by the voter, and the voter shall provide a copy of his or her proof of identification, as defined in KRS 117.375 , or the executed voter affirmation as described in KRS 117.228(1)(c). A notice of the actual penalty provisions in KRS 117.995(2) and (5) shall be printed on the mail-in absentee ballot application form.
    1. If the county clerk finds that the voter is properly registered as stated in his or her mail-in absentee ballot application form and qualifies to receive a mail-in absentee ballot by mail, he or she shall mail to the voter a mail-in absentee ballot, two (2) official envelopes for returning the mail-in absentee ballot, and instructions for voting. (3) (a) If the county clerk finds that the voter is properly registered as stated in his or her mail-in absentee ballot application form and qualifies to receive a mail-in absentee ballot by mail, he or she shall mail to the voter a mail-in absentee ballot, two (2) official envelopes for returning the mail-in absentee ballot, and instructions for voting.
    2. The county clerk shall complete a postal form for a certificate of mailing for mail-in absentee ballots mailed within the fifty (50) states, and it shall be stamped by the postal service when the mail-in absentee ballots are mailed. A mail-in absentee ballot may be transmitted by facsimile machine or by the electronic transmission system established under KRS 117A.030(4) to a covered voter as defined in KRS 117A.010 . The covered voter shall be notified of the options for transmittal of the mail-in absentee ballot, and the mail-in absentee ballot shall be transmitted by the method chosen for receipt by the resident of Kentucky who is a covered voter.
  3. Mail-in absentee ballots which are requested prior to the printing of the mail-in absentee ballots shall be mailed or otherwise transmitted as provided in subsection (3) of this section by the county clerk to the voter within three (3) days of the receipt of the printed ballots. Mail-in absentee ballots requested after the receipt of the ballots by the county clerk shall be mailed or otherwise transmitted as provided in subsection (3) of this section to the voter within three (3) days of the receipt of the request.
  4. The county clerk shall cause mail-in absentee ballots to be printed fifty (50) days prior to each primary or regular election, and forty-five (45) days prior to a special election.
  5. The outer envelope shall bear the words “Absentee Ballot” and the address and official title of the county clerk and shall provide space for the voter’s signature, voting address, precinct number, and signatures of two (2) witnesses if the voter signs the form with the use of a mark instead of the voter’s signature. A detachable flap on the secrecy envelope shall provide space for the voter’s signature, voting address, precinct number, signatures of two (2) witnesses if the voter signs the form with the use of a mark instead of the voter’s signature and notice of penalty provided in KRS 117.995(5). The county clerk shall type the voter’s address and precinct number in the upper left hand corner of the outer envelope and of the detachable flap on the secrecy envelope immediately below the blank space for the voter’s signature. The secrecy envelope shall be blank. The county clerk shall retain the voter’s mail-in ballot application form, which shall include the photographed copy of the voter’s proof of identification or the voter affirmation as prescribed by KRS 117.228(1)(c), and the postal form required by subsection (3) of this section for twenty-two (22) months after the primary or election.
  6. Any person who has received a mail-in absentee ballot by mail but who knows at least seven (7) days before the date of the election that he or she will be in his or her county of residence on election day and who has not voted pursuant to the provisions of KRS 117.086 shall cancel his or her mail-in absentee ballot and vote in person. The voter shall return the mail-in absentee ballot to the county clerk’s office no later than seven (7) days prior to the date of the election. Upon the return of the mail-in absentee ballot, the county clerk shall mark on the outer envelope of the sealed ballot or the unmarked ballot the words “Canceled because voter appeared to vote in person.” Sealed envelopes so marked shall not be opened. The county clerk shall remove the voter’s name from the list of persons who were sent mail-in absentee ballots, and the voter may vote in the precinct in which he or she is properly registered.
  7. Any voter qualified for a mail-in absentee ballot who does not receive a requested mail-in absentee ballot within a reasonable amount of time shall contact the county clerk, who shall reissue a second mail-in absentee ballot. The county clerk shall keep a record of the mail-in absentee ballots issued and returned by mail, the in-person absentee voting and federal in-person provisional absentee voting that is performed on the voting machine in the county clerk’s office or other place designated by the county board of elections and approved by the State Board of Elections, to verify that only the first voted ballot to be returned by the voter is counted. Upon the return of any mail-in absentee ballot after the first mail-in absentee ballot is returned, the county clerk shall mark on the outer envelope of the sealed ballot the words “Canceled because ballot reissued.”
  8. Any covered voter as defined in KRS 117A.010 who has received a mail-in absentee ballot but who knows that he or she will be in the county on election day and who has not voted pursuant to the provisions of KRS 117.086 shall cancel his or her mail-in absentee ballot and vote in person. The voter shall return the mail-in absentee ballot to the county clerk’s office on or before election day. Upon the return of the mail-in absentee ballot, the county clerk shall mark on the outer envelope of the sealed mail-in absentee ballot or the unmarked mail-in absentee ballot the words “Canceled because voter appeared to vote in person.” Sealed envelopes so marked shall not be opened. If the covered voter is unable to return the mail-in absentee ballot to the county clerk’s office on or before election day, at the time he or she votes in person, he or she shall sign a written oath as to his or her qualifications on the form prescribed by the State Board of Elections pursuant to KRS 117.245 . The county clerk shall remove the voter’s name from the list of persons who were sent mail-in absentee ballots, provide the voter with written authorization to vote at the precinct, and the voter may vote in the precinct in which he or she is properly registered.
  9. Notwithstanding the provisions of the Kentucky Open Records Act, KRS 61.870 to 61.884 , the information contained in an application for a mail-in absentee ballot shall not be made public until after the close of business hours on the election day for which the application applies. This subsection shall not prohibit at any time the disclosure, upon request, of the total number of applications for mail-in absentee ballots that have been filed, or the disclosure to the Secretary of State or the State Board of Elections, if requested or if otherwise required by law, of any information in an application for a mail-in absentee ballot.

HISTORY: Enact. Acts 1976, ch. 247, § 4; 2017 ch. 190, § 7, effective April 11, 2017; 2019 ch. 112, § 2, effective June 27, 2019; 2020 ch. 89, § 5, effective July 15, 2020.

117.0851. Tabulation of absentee ballots. [Effective until July 15, 2020]

Absentee ballots cast, as provided by KRS 117.077 and 117.085 , shall all be tabulated in the same manner, as shall be provided by this chapter.

History. Enact. Acts 1986, ch. 287, § 3, effective July 15, 1986; 1992, ch. 296, § 2, effective July 14, 1992; 2019 ch. 112, § 4, effective June 27, 2019.

117.0851. Tabulation of absentee ballots and federal provisional absentee ballots. [Effective July 15, 2020]

Absentee ballots and federal provisional absentee ballots cast, as absentee ballots and federal provisional absentee ballots are provided by KRS 117.077 , 117.085 , and 117.229 shall all be tabulated in the same manner, as shall be provided by this chapter.

HISTORY: Enact. Acts 1986, ch. 287, § 3, effective July 15, 1986; 1992, ch. 296, § 2, effective July 14, 1992; 2019 ch. 112, § 4, effective June 27, 2019; 2020 ch. 89, § 6, effective July 15, 2020.

117.086. Marking of absentee ballot — Deposit of returned ballots — Record — Disclosure of information. [Effective until July 15, 2020]

  1. The voter returning his absentee ballot by mail shall mark his ballot, seal it in the inner envelope and then in the outer envelope, and mail it to the county clerk as shall be provided by this chapter. The voter shall sign the detachable flap and the outer envelope in order to validate the ballot. A person having power of attorney for the voter and who signs the detachable flap and outer envelope for the voter shall complete the voter assistance form as required by KRS 117.255 . The signatures of two (2) witnesses are required if the voter signs the form with the use of a mark instead of the voter’s signature. A resident of Kentucky who is a covered voter as defined in KRS 117A.010 who has received an absentee ballot transmitted by facsimile machine or by means of the electronic transmission system established under KRS 117A.030(4) shall transmit the voted ballot to the county clerk by mail only, conforming with ballot security requirements that may be promulgated by the state board by administrative regulation. In order to be counted, the ballots shall be received by the clerk by at least the time established by the election laws generally for the closing of the polls, which time shall not include the extra hour during which those voters may vote who were waiting in line to vote at the scheduled poll closing time.
  2. Any voter who shall be absent from the county on election day, but who does not qualify to receive an absentee ballot by mail under the provisions of KRS 117.085 , and all voters qualified to vote prior to the election under the provisions of KRS 117.085 , shall vote at the main office of the county clerk or other place designated by the county board of elections, and approved by the State Board of Elections, prior to the day of election. The clerk may provide for such voting by the voting equipment in general use in the county either at the precinct, the equipment as may be used to tabulate absentee ballots, or any other voting equipment approved by the State Board of Elections for use in Kentucky, except as follows:
    1. Any voter qualifying to vote in the clerk’s office or other place designated by the county board of elections, and approved by the State Board of Elections, who receives assistance to vote shall complete the voter assistance form required by KRS 117.255 .
    2. Any voter qualifying to vote in the clerk’s office or other place designated by the county board of elections, and approved by the State Board of Elections, whose qualifications are challenged by any clerk or deputy shall complete an “Oath of Voter” affidavit.
  3. When the clerk uses general voting equipment as provided for in subsection (2) of this section, each voter casting his vote at the clerk’s office or other place designated by the county board of elections, and approved by the State Board of Elections, shall sign an “Absentee Ballot Signature Roster.”
  4. The clerk shall designate a location within his office where the ballots shall be cast secretly. The county clerk, with the approval of the State Board of Elections, may establish locations other than his main office in which the voters may execute their ballots. Public notice of the locations shall be given pursuant to KRS Chapter 424 and similar notice by mail shall be given to the county chairmen of the two (2) political parties whose candidates polled the largest number of votes in the county at the last general election.
  5. The State Board of Elections shall promulgate administrative regulations to provide for casting ballots as provided in subsection (2) of this section.
  6. The clerk shall deposit all of the absentee ballots returned by mail in a locked ballot box immediately upon receipt without opening the outer envelope. The ballot box shall be locked with three (3) locks. The keys to the box shall be retained by the three (3) members of the central absentee ballot counting board, if one is appointed, or by the members of the board of elections, and the box shall remain locked until the ballots are counted. All voting equipment on which ballots are cast as permitted in subsection (2) of this section shall also remain locked and the keys shall be retained by the three (3) members of the central absentee ballot counting board, if one is appointed, or by the members of the board of elections, and the equipment shall remain locked until the ballots are counted.
  7. The clerk shall keep a list for each election of all persons who return their absentee ballots by mail or who cast their ballots in the clerk’s office or other place designated by the county board of elections and approved by the State Board of Elections, and shall send a copy of each list to the state board after the election day for which the list applies. Notwithstanding the provisions of the Kentucky Open Records Act, KRS 61.870 to 61.884 , each list of all persons who return their absentee ballots by mail or cast their ballots in the clerk’s office or other designated and approved place shall not be made public until after the close of business hours on the election day for which the list applies. The county clerk and the Secretary of State shall keep a record of the number of votes cast by absentee ballots returned by mail and cast on the voting machine in the county clerk’s office or other place designated by the county board of elections and approved by the State Board of Elections, which are cast in any election as a part of the official returns of the election.
  8. The county board of elections shall report to the State Board of Elections within ten (10) days after any primary or general election as to the number of rejected absentee ballots and the reasons for rejected absentee ballots on a form prescribed by the State Board of Elections in administrative regulations promulgated under KRS Chapter 13A.

History. Enact. Acts 1974, ch. 130, § 46, effective June 21, 1974; 1978, ch. 71, § 2, effective June 17, 1978; repealed and reenact., Acts 1980, ch. 73, § 2, effective July 15, 1980; 1986, ch. 287, § 6, effective July 15, 1986; 1986, ch. 470, § 10, effective July 15, 1986; 1988, ch. 341, § 28, effective July 15, 1988; 1990, ch. 48, § 19, effective July 13, 1990; 1994, ch. 394, § 12, effective July 15, 1994; 1998, ch. 243, § 7, effective April 1, 1998; 1998, ch. 386, § 2, effective April 7, 1998; 2000, ch. 134, § 2, effective March 17, 2000; 2002, ch. 3, § 3, effective February 15, 2002; 2013, ch. 124, § 3, effective June 25, 2013; 2013, ch. 131, § 23, effective July 1, 2014.

NOTES TO DECISIONS

1. Relation to First Amendment

Kentucky statutes that prohibited disclosing names and temporary addresses of absentee voters prior to election, did not infringe upon candidates' free speech rights because First Amendment does not require government to disclose information to candidates in order to facilitate their campaign efforts. Sheldon v. Grimes, 18 F. Supp. 3d 854, 2014 U.S. Dist. LEXIS 60518 (E.D. Ky. 2014 ), dismissed, 2014 U.S. Dist. LEXIS 204266 (E.D. Ky. Aug. 26, 2014).

117.086. Marking of absentee ballot — Voter’s proof of identification — Deposit of returned ballots — Clerk’s duty to keep separate lists for votes cast by mail-in absentee ballot, by in-person voting at clerk’s office or other designated place, and by federal provisional in-person absentee ballot — Record — Disclosure of information. [Effective July 15, 2020]

    1. The voter returning his or her absentee ballot by mail shall mark his or her ballot, seal it in the secrecy envelope, and then seal the outer envelope, and mail it to the county clerk as provided in this chapter. (1) (a) The voter returning his or her absentee ballot by mail shall mark his or her ballot, seal it in the secrecy envelope, and then seal the outer envelope, and mail it to the county clerk as provided in this chapter.
    2. The voter shall sign the detachable flap and the outer envelope in order to validate the ballot. A person having power of attorney for the voter and who signs the detachable flap and outer envelope for the voter shall complete the voter assistance form as required by KRS 117.255 . The signatures of two (2) witnesses are required if the voter signs the form with the use of a mark instead of the voter’s signature. A resident of Kentucky who is a covered voter as defined in KRS 117A.010 who has received an absentee ballot transmitted by facsimile machine or by means of the electronic transmission system established under KRS 117A.030(4) shall transmit the voted ballot to the county clerk by mail only, conforming with ballot security requirements that may be promulgated by the State Board of Elections by administrative regulation under KRS Chapter 13A. In order to be counted, the ballots shall be received by the county clerk by at least the time established by the election laws generally for the closing of the polls, which time shall not include the extra hour during which those voters may vote who were waiting in line to vote at the scheduled poll closing time.
  1. Any voter who shall be absent from the county on election day, but who does not qualify to receive a mail-in absentee ballot under the provisions of KRS 117.085 , and all voters qualified to vote prior to the election under the provisions of KRS 117.085 , shall vote at the main office of the county clerk or other place designated by the county board of elections, and approved by the State Board of Elections, prior to the day of election. The county clerk may provide for such voting by the voting equipment in general use in the county either at the precinct, the equipment as may be used to tabulate absentee ballots, or any other voting equipment approved by the State Board of Elections for use in Kentucky, except as follows:
    1. Any voter qualifying to vote in the county clerk’s office or other place designated by the county board of elections, and approved by the State Board of Elections, who receives assistance to vote shall complete the voter assistance form required by KRS 117.255 ;
    2. Any voter qualifying to vote in the county clerk’s office or other place designated by the county board of elections, and approved by the State Board of Elections, whose qualifications are challenged on grounds other than inability to provide proof of identification by any clerk or deputy shall complete an “Oath of Voter” affidavit; and
    3. Any voter qualifying to vote in the county clerk’s office or other place designated by the county board of elections and approved by the State Board of Elections, who is unable to provide proof of identification as defined in KRS 117.375 , may cast an in-person absentee ballot or federal provisional in-person absentee ballot in accordance with KRS 117.228 or 117.229 .
  2. When the county clerk uses general voting equipment as provided for in subsection (2) of this section, each voter casting his vote at the county clerk’s office or other place designated by the county board of elections, and approved by the State Board of Elections, shall sign an “Absentee Ballot Signature Roster.”
  3. The county clerk shall designate a location within his or her office where the ballots shall be cast secretly. The county clerk, with the approval of the State Board of Elections, may establish locations other than his or her main office in which the voters may execute their ballots. Public notice of the locations shall be given pursuant to KRS Chapter 424, and similar notice by mail shall be given to the county chairs of the two (2) political parties whose candidates polled the largest number of votes in the county at the last regular election.
  4. The State Board of Elections shall promulgate administrative regulations under KRS Chapter 13A to provide for casting ballots in accordance with subsection (2) of this section.
  5. The county clerk shall deposit all of the mail-in absentee ballots in a locked ballot box immediately upon receipt without opening the outer envelope. The ballot box shall be locked with three (3) locks. The keys to the box shall be retained by the three (3) members of the central absentee ballot counting board, if one is appointed, or by the members of the board of elections, and the box shall remain locked until the ballots are counted. All voting equipment on which ballots are cast as permitted in subsection (2) of this section shall also remain locked and the keys shall be retained by the three (3) members of the central absentee ballot counting board, if one is appointed, or by the members of the board of elections, and the equipment shall remain locked until the ballots are counted.
  6. The county clerk shall keep separate lists for each election of all persons who:
    1. Return their absentee ballots by mail;
    2. Cast their ballots in the county clerk’s office or other place designated by the county board of elections and approved by the State Board of Elections; and
    3. Cast their federal provisional in-person absentee ballots under subsection(2)(c) of this section. The county clerk shall send a copy of each list to the State Board of Elections after any primary or election day. Notwithstanding the provisions of the Kentucky Open Records Act, KRS 61.870 to 61.884 , each list of all persons who return their absentee ballots by mail or who cast their ballots in the clerk’s office or other designated and approved place shall not be made public until after the close of business hours on the primary or election day for which the list applies. The county clerk and the Secretary of State shall keep a record of the number of votes cast by each method listed in paragraphs (a) to (c) of this subsection, which are cast in any primary or election as a part of the official returns of the primary or election.
  7. The county board of elections shall report to the State Board of Elections within ten (10) days after any primary or regular election as to the number of rejected absentee ballots, including rejected mail-in absentee ballots and ballots cast under subsection (2) of this section, and the reasons for rejecting the ballots on a form prescribed and furnished by the State Board of Elections in administrative regulations promulgated under KRS Chapter 13A.

HISTORY: Enact. Acts 1974, ch. 130, § 46, effective June 21, 1974; 1978, ch. 71, § 2, effective June 17, 1978; repealed and reenact., Acts 1980, ch. 73, § 2, effective July 15, 1980; 1986, ch. 287, § 6, effective July 15, 1986; 1986, ch. 470, § 10, effective July 15, 1986; 1988, ch. 341, § 28, effective July 15, 1988; 1990, ch. 48, § 19, effective July 13, 1990; 1994, ch. 394, § 12, effective July 15, 1994; 1998, ch. 243, § 7, effective April 1, 1998; 1998, ch. 386, § 2, effective April 7, 1998; 2000, ch. 134, § 2, effective March 17, 2000; 2002, ch. 3, § 3, effective February 15, 2002; 2013, ch. 124, § 3, effective June 25, 2013; 2013, ch. 131, § 23, effective July 1, 2014; 2020 ch. 89, § 7, effective July 15, 2020.

117.0863. Assistance in voting by absentee ballot — Form required of voter and assistant. [Effective until July 15, 2020]

  1. Except  for those voters who have been certified as requiring assistance in voting  on a permanent or annual basis, any person voting by means of an absentee  ballot by mail or on the voting machine in the county clerk’s office or other  place designated by the county board of elections, and approved by the State  Board of Elections, as provided in this chapter who receives assistance in  voting shall be required to complete the voter assistance form required by  KRS 117.255 .
  2. Any  person who assists another person in voting by use of an absentee ballot by  mail or on a voting machine in the county clerk’s office or other place designated  by the county board of elections, and approved by the State Board of Elections,  shall complete the voter assistance form required by KRS 117.255 .
  3. The  detachable flap on all absentee ballot envelopes shall have printed upon it  the voter assistance form required by KRS 117.255 , as well as a notice of  the penalty for failure to complete the form.
  4. The  State Board of Elections shall promulgate a voter assistance form which shall  be in a form acceptable to the Attorney General.

History. Enact. Acts 1988, ch. 341, § 14, effective July 15, 1988; 1990, ch. 48, § 20, effective July 13, 1990; 1994, ch. 394, § 13, effective July 15, 1994; 1996, ch. 270, § 2, effective July 15, 1996; 1998, ch. 243, § 8, effective April 1, 1998.

117.0863. Assistance in voting by absentee ballot — Form required of voter and assistant. [Effective July 15, 2020]

  1. Except for those voters who have been certified as requiring assistance in voting on a permanent or annual basis, any person voting by means of a mail-in absentee ballot or on the voting machine in the county clerk’s office or other place designated by the county board of elections, and approved by the State Board of Elections, as provided in this chapter who receives assistance in voting shall be required to complete the voter assistance form required by KRS 117.255 .
  2. Any person who assists another person in voting by use of an mail-in absentee ballot or on a voting machine in the county clerk’s office or other place designated by the county board of elections, and approved by the State Board of Elections, shall complete the voter assistance form required by KRS 117.255 .
  3. The detachable flap on all mail-in absentee ballot envelopes shall have printed upon it the voter assistance form required by KRS 117.255 , as well as a notice of the penalty for failure to complete the form.
  4. The State Board of Elections shall promulgate by administrative regulations under KRS Chapter 13A a voter assistance form which shall be in a form acceptable to the Attorney General.

HISTORY: Enact. Acts 1988, ch. 341, § 14, effective July 15, 1988; 1990, ch. 48, § 20, effective July 13, 1990; 1994, ch. 394, § 13, effective July 15, 1994; 1996, ch. 270, § 2, effective July 15, 1996; 1998, ch. 243, § 8, effective April 1, 1998; 2020 ch. 89, § 8, effective July 15, 2020.

117.0865. Prohibition against influencing voter completing an absentee ballot — Penalty. [Effective until July 15, 2020]

Any person who aids another in completing an absentee ballot shall not solicit or encourage that person to vote for or against any candidate, party, or issue. Any person who violates this section shall be guilty of a Class D felony.

History. Enact. Acts 1988, ch. 341, § 15, effective July 15, 1988; 1990, ch. 48, § 21, effective July 13, 1990.

117.0865. Prohibition against influencing voter completing an absentee ballot or a federal provisional absentee ballot — Penalty. [Effective July 15, 2020]

Any person who aids another in completing an absentee ballot or a federal provisional absentee ballot shall not solicit or encourage that person to vote for or against any candidate, party, or issue. Any person who violates this section shall be guilty of a Class D felony.

HISTORY: Enact. Acts 1988, ch. 341, § 15, effective July 15, 1988; 1990, ch. 48, § 21, effective July 13, 1990; 2020 ch. 89, § 9, effective July 15, 2020.

117.087. Challenge of an absentee ballot — Counting procedure — Persons permitted to observe. [Effective until July 15, 2020]

  1. The challenge of an absentee ballot returned by mail shall be in writing and in the hands of the county clerk before 8 a.m. on election day.
  2. The county board of elections shall count the absentee ballots returned by mail and the votes cast on the voting machine in the county clerk’s office or other place designated by the county board of elections and approved by the State Board of Elections. The board may appoint a central ballot counting board of not less than three (3) members, who shall be qualified voters and no more than two-thirds (2/3) of whom shall be members of the same political party, to count the ballots at the direction of the county board of elections.
  3. Beginning at 8 a.m. on election day, the board shall meet at the clerk’s office to count the absentee ballots returned by mail and the ballots cast on the voting machine in the county clerk’s office or other place designated by the county board of elections and approved by the State Board of Elections. Candidates or their representatives shall be permitted to be present. The county board of elections shall authorize representatives of the news media to observe the counting of the ballots. The board shall open the boxes containing absentee ballots returned by mail and remove the envelopes one (1) at a time. As each envelope is removed, it shall be examined to ascertain whether the outer envelope and the detachable flap are in proper order and have been signed by the voter. A person having power of attorney for the voter and who signs the detachable flap and outer envelope for the voter shall complete the voter assistance form required by KRS 117.255 . The signatures of two (2) witnesses are required if the voter signs the form with the use of a mark instead of the voter’s signature. All unsigned absentee ballots shall be rejected automatically. The chairman of the county board of elections shall compare the signatures on the outer envelope and the detachable flap with the signature of the voter that appears on the registration card. If the outer envelope and the detachable flap are found to be in order, the chairman shall read aloud the name of the voter. If the vote of the voter is not rejected on a challenge then made as provided in subsection (4) of this section, the chairman shall remove the detachable flap and place the inner envelope unopened in a ballot box which has been provided for the purpose.
  4. When the name of a voter who cast an absentee ballot by mail is read aloud by the chairman, the vote of the voter may be challenged by any board member or by the written challenge provided in subsection (1) of this section and the challenge may be determined and the vote accepted or rejected by the board as if the voter was present and voting in person; but if the outer envelope and the detachable flap are regular, and substantially comply with the provisions of this chapter, they shall be considered as showing that the voter is prima facie entitled to vote. If the vote of a voter is rejected pursuant to the challenge, the inner envelope shall not be opened, but returned to the outer envelope upon which the chairman shall write on the envelope the word “rejected.”
  5. After the challenges have been made and all the blank inner envelopes have been placed in a ballot box, the box shall be thoroughly shaken to redistribute the absentee ballots in the box. The board shall open the ballot box, remove the absentee ballots from the inner envelopes, and count the ballots.
  6. The board shall unlock any voting equipment used to cast ballots in the clerk’s office or other place designated by the county board of elections, and approved by the State Board of Elections, as provided for in KRS 117.086 , and a total of all ballots shall be made and recorded on the form provided by the State Board of Elections.
  7. The county board of elections, the county clerk, and all individuals permitted to be present for the counting of absentee ballots pursuant to subsection (2) of this section shall not make public the absentee ballot results determined as provided in this section until after 6 p.m. prevailing time.

History. Enact. Acts 1974, ch. 130, § 47, effective June 21, 1974; 1976, ch. 130, § 3, effective June 19, 1976; 1978, ch. 71, § 3, effective June 17, 1978; repealed and reenact., Acts 1980, ch. 73, § 3, effective July 15, 1980; 1980, ch. 316, § 2, effective July 15, 1980; 1982, ch. 394, § 12, effective July 15, 1982; 1986, ch. 287, § 7, effective July 15, 1986; 1986, ch. 470, § 11, effective July 15, 1986; 1988, ch. 341, § 29, effective July 15, 1988; 1990, ch. 48, § 22, effective July 13, 1990; 1994, ch. 394, § 14, effective July 15, 1994; 1998, ch. 243, § 9, effective April 1, 1998; 2002, ch. 3, § 4, effective February 15, 2002; 2003, ch. 184, § 1, effective June 24, 2003; 2016 ch. 62, § 8, effective July 15, 2016.

Compiler’s Notes.

This section, which was formerly compiled as KRS 117.335 (Acts 1974, ch. 130, § 47; 1976, ch. 130, § 3; 1976, ch. 247, § 5; 1978, ch. 71, § 3, effective June 17, 1978), was repealed and reenacted as this section by Acts 1980, ch. 73, § 3, effective July 15, 1980.

NOTES TO DECISIONS

1. Tabulation.

Under former similar section, it seemed that the absentee ballots should be tabulated before canvassing the votes cast at the polls. Arnett v. Hensley, 425 S.W.2d 546, 1968 Ky. LEXIS 418 ( Ky. 1968 ) (decided under prior law).

2. Individual Challenges.

Former section governing challenges to absent voters envisioned challenges to individual absentee voters, not challenges to the legality of the entire balloting by absentee voters in which case such challenges were inapplicable. Arnett v. Hensley, 425 S.W.2d 546, 1968 Ky. LEXIS 418 ( Ky. 1968 ) (decided under prior law).

3. Inner Envelopes.

Where integrity and secrecy of absentee ballots were proved, the failure to return the inner envelopes to the ballot box before opening and counting the votes would not require the elimination in toto of all absentee ballots. Rives v. Pettit, 513 S.W.2d 475, 1974 Ky. LEXIS 371 ( Ky. 1974 ) (decided under prior law).

4. Substantial Compliance.

Alleged irregularities in the absentee voting process were insufficient to nullify the election results in a race for judge executive where each of the alleged violations concerned directory, rather than mandatory, requirements, and, as such, did not warrant disenfranchising any of the absentee voters. Hardin v. Montgomery, 495 S.W.3d 686, 2016 Ky. LEXIS 332 ( Ky. 2016 ).

There should be at least substantial compliance with the terms of former similar section. Kincer v. Holbrook, 307 S.W.2d 922, 1957 Ky. LEXIS 124 ( Ky. 1957 ) (decided under prior law).

5. Nullification of Votes.

If the separable class of absentee votes is so infected with illegality that the elective force of those votes cannot reasonably be determined, then all of them are nullified. Ragan v. Burnett, 305 S.W.2d 759, 1957 Ky. LEXIS 330 ( Ky. 1957 ) (decided under prior law).

Violation of various provisions governing absentee ballots with violations of other provisions and discrepancy in ratio of result of votes cast at polls and the absentee votes, was sufficient to show such gross irregularities as to void all absentee ballots. Arnett v. Hensley, 425 S.W.2d 546, 1968 Ky. LEXIS 418 ( Ky. 1968 ) (decided under prior law).

Election was declared void because (1) a county board of elections did not substantially comply with absentee ballot counting requirements, (2) there were repeated Corrupt Practices Act violations and misconduct during voting on election day, and (3) cumulative departures from statutory mandates disfranchised legal voters or those who cast valid absentee ballots. Hardin v. Montgomery, 2015 Ky. App. LEXIS 94 (Ky. Ct. App. June 12, 2015), rev'd, 495 S.W.3d 686, 2016 Ky. LEXIS 332 ( Ky. 2016 ) (Ct. App. Ky. 2016 ).

6. Violation Not Fatal.

Where absentee ballot box was prepared by sheriff, Democrat commissioner and county clerk in absence of Republican commissioner who favored the contestant, and the key was not delivered to the absent member until three days before the election, after many of the absentee ballots had been returned, the procedure violated former similar section but standing alone was not of fatal consequence. Pickard v. Jones, 243 S.W.2d 46, 1951 Ky. LEXIS 1117 ( Ky. 1951 ) (decided under prior law).

Opinions of Attorney General.

Pursuant to this section either the candidate or his representative may be present, but not both, and only one representative of each candidate is entitled to be present at the counting of the absentee ballots. OAG 77-352 .

Where a person applies for an absentee ballot and proceeds to vote and return the ballot to the clerk’s office but dies before election day, the absentee ballot should be rejected by the board of elections when it proceeds to review and count the absent votes. OAG 77-667 .

During the counting of absent ballots the county clerk must perform the duties required under this section even though he is a candidate for public office. OAG 77-679 .

Where over 600 absent ballots are cast in a general election, the county clerk could designate one of his duly appointed deputies to carry out his duties. OAG 77-679 .

Absentee ballots and applications which were in the custody of the circuit clerk pending an election contest suit were “public records” in the possession of a “public agency” pursuant to KRS 61.870 and open to public inspection while in the clerk’s custody. OAG 83-476 .

117.087. Challenge of a mail-in absentee ballot — Processing of federal provisional in-person absentee ballots — Counting procedure — Persons permitted to observe. [Effective July 15, 2020]

  1. The challenge of an absentee ballot returned by mail shall be in writing and in the hands of the county clerk before 8 a.m. on election day.
  2. The county board of elections shall count the absentee ballots returned by mail and the votes cast on the voting machine in the county clerk’s office or other place designated by the county board of elections and approved by the State Board of Elections. Federal provisional in-person absentee ballots shall be processed in accordance with KRS 117.229 . The board may appoint a central ballot counting board of not less than three (3) members, who shall be qualified voters and no more than two-thirds (2/3) of whom shall be members of the same political party, to count the ballots at the direction of the county board of elections.
  3. Beginning at 8 a.m. on election day, the board shall meet at the county clerk’s office to count the absentee ballots returned by mail and the ballots cast on the voting machine in the county clerk’s office or other place designated by the county board of elections and approved by the State Board of Elections. Candidates or their representatives shall be permitted to be present. The county board of elections shall authorize representatives of the news media to observe the counting of the ballots. The board shall open the boxes containing absentee ballots returned by mail and remove the envelopes one (1) at a time. As each envelope is removed, it shall be examined to ascertain whether the outer envelope and the detachable flap are in proper order and have been signed by the voter. A person having power of attorney for the voter and who signs the detachable flap and outer envelope for the voter shall complete the voter assistance form required by KRS 117.255 . The signatures of two (2) witnesses are required if the voter signs the form with the use of a mark instead of the voter’s signature. All unsigned mail-in absentee ballots shall be rejected automatically. The chair of the county board of elections shall compare the signatures on the outer envelope, the detachable flap with the signature of the voter that appears on the registration card. If the outer envelope and the detachable flap are found to be in order, the chair shall read aloud the name of the voter. If the vote of the voter is not rejected on a challenge then made as provided in subsection (4) of this section, the chair shall remove the detachable flap and place the secrecy envelope unopened in a ballot box which has been provided for the purpose.
  4. When the name of a voter who cast a mail-in absentee ballot is read aloud by the chair, the vote of the voter may be challenged by any board member or by the written challenge provided in subsection (1) of this section and the challenge may be determined and the vote accepted or rejected by the board as if the voter was present and voting in person; but if the outer envelope and the detachable flap are regular, and each substantially comply with the provisions of this chapter, they shall be considered as showing that the voter is prima facie entitled to vote. If the vote of a voter is rejected pursuant to the challenge, the secrecy envelope shall not be opened, but returned to the outer envelope upon which the chair shall write on the envelope the word “rejected.”
  5. After the challenges have been made and all the blank secrecy envelopes have been placed in a ballot box, the box shall be thoroughly shaken to redistribute the absentee ballots in the box. The board shall open the ballot box, remove the absentee ballots from the secrecy envelopes, and count the ballots.
  6. The board shall unlock any voting equipment used to cast ballots in the county clerk’s office or other place designated by the county board of elections, and approved by the State Board of Elections, as provided for in KRS 117.086 , and a total of all ballots shall be made and recorded on the form provided by the State Board of Elections.
  7. The county board of elections, the county clerk, and all individuals permitted to be present for the counting of absentee ballots pursuant to subsection (2) of this section shall not make public the absentee ballot results determined as provided in this section until after 6 p.m. prevailing time.

HISTORY: Enact. Acts 1974, ch. 130, § 47, effective June 21, 1974; 1976, ch. 130, § 3, effective June 19, 1976; 1978, ch. 71, § 3, effective June 17, 1978; repealed and reenact., Acts 1980, ch. 73, § 3, effective July 15, 1980; 1980, ch. 316, § 2, effective July 15, 1980; 1982, ch. 394, § 12, effective July 15, 1982; 1986, ch. 287, § 7, effective July 15, 1986; 1986, ch. 470, § 11, effective July 15, 1986; 1988, ch. 341, § 29, effective July 15, 1988; 1990, ch. 48, § 22, effective July 13, 1990; 1994, ch. 394, § 14, effective July 15, 1994; 1998, ch. 243, § 9, effective April 1, 1998; 2002, ch. 3, § 4, effective February 15, 2002; 2003, ch. 184, § 1, effective June 24, 2003; 2016 ch. 62, § 8, effective July 15, 2016; 2020 ch. 89, § 10, effective July 15, 2020.

117.088. Pilot program for unassisted voting by blind and visually impaired persons.

  1. For purposes of this section, “blind or visually impaired individual” means an individual who:
    1. Has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision so that the widest diameter of the visual field subtends an angle no greater than twenty (20) degrees;
    2. Has a medically indicated expectation of visual deterioration;
    3. Has a medically diagnosed limitation in visual functioning that restricts the individual’s ability to read and write standard print at levels expected of individuals of comparable ability;
    4. Has been certified as requiring permanent assistance to vote under KRS 117.255(5) for reason of blindness; or
    5. Qualifies to receive assistance to vote under KRS 117.255(2) for reason of blindness.
  2. For purposes of this section, “pilot program” means a program in a county containing a consolidated local government or containing a city of the first class for unassisted voting by blind or visually impaired individuals.
  3. A county board of elections in a county containing a consolidated local government or containing a city of the first class may establish a pilot program. As part of this pilot program, the State Board of Elections shall approve the use of voting equipment under KRS 117.379 that is designed to permit blind and visually impaired individuals to vote without assistance, for use beginning in the 2002 general election. No county board of elections in a county containing a consolidated local government or containing a city of the first class shall be required to operate a pilot program.
  4. The State Board of Elections, if it approves the voting equipment under KRS 117.379 , may approve the use of voting equipment designed to permit blind and visually impaired individuals to vote without assistance in as many locations within a county containing a consolidated local government or containing a city of the first class as are designated by the county board of elections.
  5. A county board of elections in a county containing a consolidated local government or containing a city of the first class shall provide a report to the State Board of Elections after every primary or general election regarding the number of blind or visually impaired individuals that have utilized the voting equipment during the pilot program.
  6. Notwithstanding the provisions of KRS 116.025 , or any other statute to the contrary, a blind or visually impaired voter residing in a county containing a consolidated local government or containing a city of the first class that is operating a pilot program shall be permitted to vote at a location outside the precinct of his or her registration by voting at a location within the county of his or her registration on a voting machine designed to permit blind or visually impaired individuals to vote without assistance, which may include voting at the county clerk’s office, or other place designated by the county board of elections, and approved by the State Board of Elections.
  7. Notwithstanding the provisions of KRS 117.085 , 117.086 , or 117.0863 or any other statute to the contrary, a blind or visually impaired individual residing in a county containing a consolidated local government or containing a city of the first class that is operating a pilot program shall be permitted to vote in the location within the county of his or her registration as provided under subsection (6) of this section, on a voting machine designed to permit blind or visually impaired individuals to vote without assistance, at any time during which absentee voting is conducted in the clerk’s office or other place designated by the county board of elections during normal business hours on at least any of the twelve (12) working days before the election, and the county board of elections may permit the voting to be conducted on a voting machine for a period longer than the twelve (12) working days before the election prescribed above. An application for those blind or visually impaired individuals wishing to vote on a voting machine approved for use by blind or visually impaired individuals shall be prescribed by the State Board of Elections and shall include the individual’s sworn statement that the individual is blind or visually impaired.
  8. Notwithstanding the requirements of KRS 117.381 , or any other statute to the contrary, the State Board of Elections may certify, as a part of the pilot project of a county containing a consolidated local government or containing a city of the first class, voting equipment which utilizes audio recordings, voice-activated technology, or vocal recognition technology to record a vote, and may require such accommodations as would permit a blind or visually impaired voter to cast a vote in secret.
  9. Notwithstanding the provisions of KRS 117.255 , a blind or visually impaired voter residing in a county containing a consolidated local government or containing a city of the first class that is operating a pilot project may cast his or her vote alone and without assistance on a voting machine approved for use by blind or visually impaired individuals. However, the blind or visually impaired voter shall be instructed by the officers of election, with the aid of the instruction cards and the model, in the use of the machine, if the voter so requests.
  10. Nothing in this section shall impair the right of any qualified voter under KRS 117.255 to receive assistance and vote according to the procedures specified in that section.

History. Enact. Acts 2002, ch. 147, § 1, effective July 15, 2002; 2019 ch. 112, § 5, effective June 27, 2019.

Opinions of Attorney General.

Legislation providing for “no-excuse absentee voting,” or early voting, in order to comply with federal law, a final court decision binding the Commonwealth, or rights recognized in the Bill of Rights of the Kentucky Constitution would not require an amendment to the Kentucky Constitution. OAG 07-05 .

Methods of Voting

117.105. Purchase or lease of voting machines.

The fiscal court of any county shall purchase or lease, from available funds or from the proceeds of bonds which may be issued for that purpose, voting machines, including extra or reserve machines, for use in regular, special and primary elections. The fiscal court may, prior to any election, authorize the use of additional voting machines in any particular precinct.

History. Enact. Acts 1974, ch. 130, § 24.

NOTES TO DECISIONS

1. Constitutionality.

The Voting Machine Act of 1942 was constitutional. Grauman v. Jefferson County Fiscal Court, 294 Ky. 149 , 171 S.W.2d 36, 1943 Ky. LEXIS 402 ( Ky. 1943 ) (decided under prior law).

2. Rotation of Names.

Provisions requiring that names of candidates be rotated on the ballots do not apply where voting machines are used. Grauman v. Jefferson County Fiscal Court, 294 Ky. 149 , 171 S.W.2d 36, 1943 Ky. LEXIS 402 ( Ky. 1943 ) (decided under prior law).

117.115. Power to select make of machine.

The fiscal court of any county may select in its discretion any type and make of voting machine that complies with the specifications and requirements of this chapter. The fiscal court may employ engineers and other skilled persons to advise and aid in the selection of the machines and in determining the specifications thereof.

History. Enact. Acts 1974, ch. 130, § 25.

NOTES TO DECISIONS

1. Administrative Discretion.

Former similar section made the selection of voting machines one of administrative discretion and the courts would not interfere unless there was a clear showing of an abuse of the discretion or of arbitrary or capricious action. Ford v. County of Carlisle, 361 S.W.2d 757, 1962 Ky. LEXIS 249 ( Ky. 1962 ) (decided under prior law).

117.125. Specifications and features required for approval.

No make of voting machine shall be approved for use unless it is so constructed that:

  1. It  will insure secrecy to the voter in the act of voting.
  2. It  provides facilities that will permit votes to be cast for any candidate entitled  to have his name printed upon the ballots at any regular, special or primary  election, and for or against any public question entitled to be placed upon  the ballots.
  3. It  will, except at primary elections, permit a voter to vote for all the candidates  of one (1) party or for one (1) or more candidates of every party having candidates  entitled to be voted for, or for one (1) or more independent candidates.
  4. It  will permit a voter to vote for as many persons for an office as he is lawfully  entitled to vote for, and no more.
  5. It  will prevent a voter from voting for the same person, or for or against the  same question, more than once.
  6. It  will permit a voter to vote for or against any question he may have the right  to vote on, but no other.
  7. It  may be adjusted for use in primary elections so that a voter may not vote  for any person except those seeking nomination as candidates of his party  or as candidates for an office of the Court of Justice.
  8. It  will correctly register and accurately count all votes cast for each person,  and for or against each public question.
  9. It  can be determined whether the machine has been unlocked and operated after  once being locked.
  10. It  will show at all times during an election how many persons have voted by a  device hereinafter referred to as a public counter.
  11. The  counter indicating the number of votes cast for each person and for or against  each public question cannot be seen or tampered with without unlocking a covering  device that cannot be unlocked by a key that unlocks any other part of the  machine. When such counters are so exposed the machine can no longer be placed  into condition for operation without the use of a special key, which key shall  not have been in the possession of the election officers at the polling places;  but if this requirement has the effect of eliminating from consideration any  other make of machine such requirement shall not apply.
  12. The  operating device and operating mechanism may be locked before the time for  opening the polls and after the time for closing the polls.
  13. It  is accompanied by a mechanical model illustrating the manner of voting on  the machine, suitable for the instruction of voters.
  14. It  will permit a voter to vote for all the candidates for presidential electors  of any party by one (1) operation.
  15. It  will permit a voter to vote, in any regular or special election, for any person  desired to be voted for whose name does not appear upon the voting machine.
  16. It  bears a number that will distinguish it from any other machine.
  17. The  frames in which ballot labels are placed shall be constructed with transparent  protective devices, in order that the names thereon cannot be mutilated or  altered.

History. Enact. Acts 1974, ch. 130, § 26; 1976, ch. 54, § 21, effective March 10, 1976.

NOTES TO DECISIONS

1. Booths.

The purpose of a booth is not to hide the body of the voter, but to insure that no one will see how he marks his ballot. Jones v. Steele, 210 Ky. 205 , 275 S.W. 790, 1925 Ky. LEXIS 647 ( Ky. 1925 ).

Although booths were so placed that persons outside room could see how ballots were voted by looking through window, vote of precinct would not be thrown out in absence of testimony that outside persons did look through window. Land v. Land, 244 Ky. 126 , 50 S.W.2d 518, 1931 Ky. LEXIS 720 ( Ky. 1931 ) (decided under prior law).

2. Electrical Operation.

There is no indication of legislative intent that the voting machine must be solely mechanical and may not be electrically operated. Ford v. County of Carlisle, 361 S.W.2d 757, 1962 Ky. LEXIS 249 ( Ky. 1962 ) (decided under prior law).

3. Public Counter.

The noncompliance by the election officials with statutory requirements to see that the public counter on a voting machine was set at zero, where there was no evidence that the error affected the result of the election, did not taint the election process in the precinct to the extent necessary for a judicial conclusion to reject the votes cast. Thurman v. Keen, 444 S.W.2d 754, 1969 Ky. LEXIS 229 ( Ky. 1969 ) (decided under prior law).

4. Judicial Ballot.

The names of judicial candidates are required to be placed upon the voting machine at the regular election in a column or line headed or preceded by the word “Judicial Ballot” in such a manner that a “straight party” vote will not operate to cast a vote for the judicial candidate. Mann v. Cornett, 445 S.W.2d 853, 1969 Ky. LEXIS 185 ( Ky. 1969 ) (decided under prior law).

117.135. Custody of machines.

When voting machines are acquired by any county, they shall be immediately placed in the custody of the county clerk, and shall remain in his custody at all times except when in use at an election or when in the custody of a court or court officer during contest proceedings. The clerk shall see that the machines are properly protected and preserved from damage or unnecessary deterioration, and shall not permit any unauthorized person to tamper with the machines.

History. Enact. Acts 1974, ch. 130, § 27.

Opinions of Attorney General.

The fiscal court has no authority or control over the custody and handling of the voting machines as this is the basic responsibility of the county clerk. OAG 84-209 .

117.145. Preparation of ballot labels, absentee ballots and supplemental paper ballots — Provision for write-in votes. [Effective until July 15, 2020]

  1. At  least fifteen (15) days before any special election, and at least fifty (50)  days before any primary or regular election, the county clerk of each county  shall cause to be printed and ready for use ballot labels for each candidate  who, and each question which, is entitled to be voted upon in such election.  The ballot labels shall be printed on clear white paper or other material  which shall be furnished by the printer. They shall be printed in black ink,  in plain, clear type clearly legible to a person with normal vision, and shall  be of a size to fit the ballot frames. The labels shall include the necessary  party designations.
  2. Each  county clerk shall have printed a sufficient number of paper absentee ballots.  The absentee ballot shall be used for voting by absent voters; by precinct  officers who have been assigned to a precinct other than their own; by members  of a county board of elections; by voters so disabled by age, infirmity or  illness as to be unable to appear at the polls; and for voting in an emergency  situation. The ballot stubs shall be consecutively numbered and the county  board shall keep a record, by number, of all absentee ballots used for any  of the purposes listed herein.
  3. No  later than the Friday preceding a special or regular election, the county  clerk shall equip the voting machines with the necessary supplies for the  purpose of write-in votes. The county clerk shall also attach a pencil or  pen to the voting machine for write-in purposes.
  4. If  supplemental paper ballots have been approved as provided in KRS 118.215 ,  the county clerk shall cause to be printed a sufficient number of paper ballots  for the registered voters of each precinct. The paper ballots shall have stubs  which are numbered consecutively. The quality of paper on which the supplemental  paper ballots are printed shall be determined by regulations promulgated by  the secretary of the Finance and Administration Cabinet.

History. Enact. Acts 1974, ch. 130, § 28; 1976 (Ex. Sess.), ch. 1, § 3; 1984, ch. 44, § 4, effective March 2, 1984; 1984, ch. 185, § 8, effective July 13, 1984; 1986, ch. 470, § 12, effective July 15, 1986; 1990, ch. 48, § 23, effective July 13, 1990; 1992, ch. 296, § 3, effective July 14, 1992.

NOTES TO DECISIONS

1. Liability of Clerk.

If a candidate’s certificate of nomination is filed in time with the county clerk, his failure to place the candidate’s name on the ballot is a breach of duty rendering both him and his surety liable to one who has been deprived of his office by such failure. Judd v. Polk, 267 Ky. 408 , 102 S.W.2d 325, 1937 Ky. LEXIS 323 ( Ky. 1937 ) (decided under prior law).

2. Additional Ballots to Supply Deficiency or Correct Omission.

If the ballots for any precinct are lost or stolen before the election, the county clerk should supply new ballots for such precinct if there is time. Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ). See Wallbrecht v. Ingram, 164 Ky. 463 , 175 S.W. 1022, 1915 Ky. LEXIS 411 (Ky.), writ of error dismissed, 239 U.S. 625, 36 S. Ct. 162, 60 L. Ed. 473, 1915 U.S. LEXIS 1407 (U.S. 1915) (decided under prior law).

Where a typographical error was made in printing a public question on the ballots, the county clerk had authority to have additional ballots printed and substitute them for the defective ones. Finley v. Rose, 165 Ky. 408 , 177 S.W. 433, 1915 Ky. LEXIS 563 ( Ky. 1915 ) (decided under prior law).

Where names of candidates for magistrate were inadvertently omitted from Republican ballots for primary election, the county clerk had authority to have supplemental ballots printed and substitute them for the defective ones. Rice v. Jones, 250 Ky. 385 , 63 S.W.2d 474, 1933 Ky. LEXIS 705 ( Ky. 1933 ) (decided under prior law).

3. Printing Contract.

The county clerk has the right to contract for the printing of the ballots, without any previous order of the fiscal court authorizing him so to do. Fiscal Court v. Louisville Tent & Awning Co., 185 Ky. 466 , 215 S.W. 88, 1919 Ky. LEXIS 320 ( Ky. 1919 ) (decided under prior law).

The county clerk is not required to let the contract for printing the ballots by competitive bids. The clerk may make a contract for printing the ballots without bids and such contract will be binding on the fiscal court in the absence of fraud or collusion. Krieger v. Standard Printing Co., 191 Ky. 552 , 231 S.W. 27, 1921 Ky. LEXIS 352 ( Ky. 1921 ) (decided under prior law).

If the price fixed by contract is unreasonable, the vendor may yet recover the reasonable value of the services rendered. Krieger v. Standard Printing Co., 191 Ky. 552 , 231 S.W. 27, 1921 Ky. LEXIS 352 ( Ky. 1921 ) (decided under prior law).

4. Cost.

The city must pay the cost of paper for ballots for city elections. Nuetzel v. Bradsby, 205 Ky. 130 , 265 S.W. 503, 1924 Ky. LEXIS 65 ( Ky. 1924 ) (decided under prior law).

Where there are candidates for city offices, and public questions to be voted on only by city electors, and they are placed on the same ballot that contains candidates for state and federal offices, the cost of paper should be prorated between the city and state according to the amount of space taken up on the ballot by the respective candidates and questions. Nuetzel v. Bradsby, 205 Ky. 130 , 265 S.W. 503, 1924 Ky. LEXIS 65 ( Ky. 1924 ) (decided under prior law).

Opinions of Attorney General.

Where, due to a multiplicity of city elections filed for in a single election year within a county, the county has an insufficient number of voting machines, the county board of elections and the county clerk may determine that an emergency exists authorizing the use of paper ballots. OAG 75-610 .

Although a county court clerk is not required to print a number of special paper ballots equal to any specified percentage of the registered voters within the county, the clerk’s judgment on this matter should be based on the number of registered voters in the county, while taking into consideration the amount needed in previous elections. OAG 76-213 .

There is no requirement that the words “absent” or “special” be printed on ballots mailed to absentee and disabled voters, therefore one type of paper ballot can be used both as an absent ballot and as an emergency ballot. OAG 76-213 .

The statutory requirement pertaining to the printing of special ballots for absent voters, disabled voters and for voting in emergency situations constitutes an election expense to be paid for by the fiscal court pursuant to the terms of KRS 117.345 and such costs cannot be allowed as a necessary office expense of the county court clerk under KRS 64.345 . OAG 76-474 .

KRS 424.260 has no application to this section since the latter statute provides for special purchases of election supplies by the county clerk and contains no express provisions for competitive bidding. OAG 76-496 .

This section and KRS 117.265 were inserted to clarify “write-in” procedures for elections generally and would not apply to elections under KRS 89.440 (repealed). OAG 79-567 .

Competition is not feasible in applying this section, thus under KRS 45A.380 , an exception to competitive bidding, if the county clerk will in writing determine that competition is not feasible and that an emergency exists which will cause public harm as a result of delay in competitive procedures, or that there is a single source of the service to be performed, then if the fiscal court will approve the clerk’s declarations, the clerk may procure such supplies by means of noncompetitive negotiation. OAG 80-180 .

It would be improper for a write-in candidate to use a rubber stamp, paster, stencil or other type of marker to have voters write his name in, since it would violate KRS 117.265 to use any device other than the pencil or pen required to be attached to the voting machine by subsection (3) of this section. OAG 81-289 .

117.145. Preparation of ballot labels, absentee ballots, voter affirmations, election official affirmations, federal provisional ballots, and supplemental paper ballots — Provision for write-in votes. [Effective July 15, 2020]

  1. At least fifteen (15) days before any special election, and at least fifty (50) days before any primary or regular election, the county clerk of each county shall cause to be printed and ready for use ballot labels for each candidate who, and each question which, is entitled to be voted upon in such election. The ballot labels shall be printed on clear white paper or other material which shall be furnished by the printer. They shall be printed in black ink, in plain, clear type clearly legible to a person with normal vision, and shall be of a size to fit the ballot frames. The labels shall include the necessary party designations.
  2. Each county clerk shall have printed a sufficient number of paper absentee ballots, voter affirmations, and election official affirmations. The voter affirmation, if applicable, and the absentee ballot shall be used for voting by absent voters; by precinct officers who have been assigned to a precinct other than their own; by members of a county board of elections; by voters so disabled by age, infirmity, or illness as to be unable to appear at the polls; and for voting in an emergency situation. The ballot stubs shall be consecutively numbered and the county board shall keep a record, by number, of all absentee ballots used for any of the purposes listed in this subsection.
  3. Each county clerk shall have printed a sufficient number of federal provisional ballots, which, except for the candidates listed, shall have the same form as the absentee ballots. A federal provisional ballot shall indicate that the ballot is a federal provisional ballot. The federal provisional ballot stubs shall be consecutively numbered, and the county board of elections shall keep a record, by number, of all federal provisional ballots used for votes cast by provisional voters in federal elections.
  4. No later than the Friday preceding a special or regular election, the county clerk shall equip the voting machines with the necessary supplies for the purpose of write-in votes. The county clerk shall also attach a pencil or pen to the voting machine for write-in purposes.
  5. If supplemental paper ballots have been approved as provided in KRS 118.215 , the county clerk shall cause to be printed a sufficient number of paper ballots for the registered voters of each precinct. The paper ballots shall have stubs which are numbered consecutively. The quality of paper on which the supplemental paper ballots are printed shall be determined by administrative regulations promulgated under KRS Chapter 13A by the secretary of the Finance and Administration Cabinet.

HISTORY: Enact. Acts 1974, ch. 130, § 28; 1976 (Ex. Sess.), ch. 1, § 3; 1984, ch. 44, § 4, effective March 2, 1984; 1984, ch. 185, § 8, effective July 13, 1984; 1986, ch. 470, § 12, effective July 15, 1986; 1990, ch. 48, § 23, effective July 13, 1990; 1992, ch. 296, § 3, effective July 14, 1992; 2020 ch. 89, § 11, effective July 15, 2020.

117.155. Arrangement of ballot labels — Preparation of machines — Record.

Upon receiving the printed ballot labels, the county clerk shall place them in the ballot frames upon the machines, in such a manner as will most nearly conform to the plan of arrangement prescribed by the Secretary of State in the manner prescribed in KRS 118.215 . He shall then see that the counters referred to in subsections (10) and (11) of KRS 117.125 are set at zero, and shall lock the operating device and mechanism and the devices protecting the counters and ballot labels. He shall then enter in an appropriate book, opposite the number of each precinct the distinguishing number of the machine to be used in that precinct.

History. Enact. Acts 1974, ch. 130, § 29; 1976, ch. 247, § 10.

NOTES TO DECISIONS

1. Public Counter.

The noncompliance by the election officials with statutory requirements to see that the public counter on a voting machine was set at zero, where there was no evidence that the error affected the result of the election, did not taint the election process in the precinct to the extent necessary for a judicial conclusion to reject the votes cast. Thurman v. Keen, 444 S.W.2d 754, 1969 Ky. LEXIS 229 ( Ky. 1969 ) (decided under prior law).

117.165. Examination of machines by county board — Approval — Delivery of election supplies to precinct.

  1. Upon completing the preparation of the machines in accordance with the provisions of KRS 117.155 , and not later than the Thursday preceding the day of the election, the county clerk shall notify the members of the county board of elections that the machines are ready for use. The board shall thereupon convene at the office of the county clerk, not later than the Friday preceding the day of the election, and examine the machines to determine whether the requirements of KRS 117.155 have been met. The county board of elections shall publish notice, in accordance with KRS 424.130(1)(d), at least twenty-four (24) hours in advance of the time when the machines are to be examined by the board. If found in proper order, the members of the county board of elections shall endorse their approval in the book in which the county clerk has entered the numbers of the machines opposite the numbers of the precincts. The clerk shall then deliver all of the keys to the machines to the county board of elections who shall give a receipt for the keys which shall contain identification of the keys. Not later than one (1) hour before the time set for the opening of the polls, the board shall deliver all election supplies including the precinct list, tabulation sheets, and the key to the device covering the registering counters and other keys necessary for the operation of the machine in registering votes, to the election officers of the precinct in which the machine is being used, who shall give the board a receipt containing identification of the keys. The master key and all other keys shall remain in the possession of the county board of elections.
  2. Not later than four (4) business days preceding the date set by the county board of elections to conduct absentee voting in accordance with KRS 117.085(1)(c), the county clerk shall notify the members of the county board of elections that the voting machines designated for use during absentee voting are ready for use. The board shall thereupon convene at the office of the county clerk, not later than three (3) business days preceding the date set by the county board of elections to conduct absentee voting, and examine the machines to determine whether the requirements of KRS 117.155 have been met. The county board of elections shall publish notice, in accordance with KRS 424.130(1)(d), at least twenty-four (24) hours in advance of the time when the absentee voting machines are to be examined by the board. If found in proper order, the members of the county board of elections shall endorse their approval in the book in which the county clerk has entered the identification number of the machines designated for use during absentee voting.
  3. Any candidate, one (1) representative of each political party having candidates to be voted for at the election, and representatives of the news media may be present when the examination of the machines is made by the county board of elections.

History. Enact. Acts 1974, ch. 130, § 30; 1982, ch. 394, § 13, effective July 15, 1982; 1992, ch. 296, § 4, effective July 14, 1992; 2008, ch. 79, § 2, effective July 15, 2008.

NOTES TO DECISIONS

1. Inspection by Candidate.

Where candidate failed to personally examine voting machines and relied upon inspection by officers who were required to inspect the machines, the candidate, who thereafter contested the election, was not estopped to raise the question of an error in arrangement of ballot strips on the voting machines. Rives v. Pettit, 513 S.W.2d 475, 1974 Ky. LEXIS 371 ( Ky. 1974 ) (decided under prior law).

2. Public Counter.

The noncompliance by the election officials with statutory requirements to see that the public counter on a voting machine was set at zero, where there was no evidence that the error affected the result of the election, did not taint the election process in the precinct to the extent necessary for a judicial conclusion to reject the votes cast. Thurman v. Keen, 444 S.W.2d 754, 1969 Ky. LEXIS 229 ( Ky. 1969 ) (decided under prior law).

Opinions of Attorney General.

Under this section a candidate may designate in writing a representative to be present in his place at the time the machines are examined. OAG 77-269 .

117.175. Instruction cards. [Effective until July 15, 2020]

The county clerk shall, with the county attorney, prepare a sufficient number of instruction cards containing a diagram showing the front of the voting machine as it will appear on the day of the election, instructions as to the proper method of voting by the use of the machine and instructions as to the proper method of casting a write-in vote. If supplemental paper ballots have been approved, as provided in KRS 118.215 , the instruction cards shall indicate the offices, candidates and questions which will appear on the paper ballots and the instructions for marking and depositing the ballots. The cards shall be examined and approved by the county board of elections at the time the machines are examined and approved. The cards shall be delivered to each election clerk by the county clerk at the time that other election supplies are delivered and the election clerk shall post the card at the polling place.

History. Enact. Acts 1974, ch. 130, § 31; 1976 (Ex. Sess.), ch. 1, § 4.

NOTES TO DECISIONS

1. Contract for Printing.

The county clerk and county attorney have the right to contract for the printing of instruction cards, without any previous order of the fiscal court authorizing them so to do. Fiscal Court v. Louisville Tent & Awning Co., 185 Ky. 466 , 215 S.W. 88, 1919 Ky. LEXIS 320 ( Ky. 1919 ) (decided under prior law).

117.175. Instruction cards. [Effective July 15, 2020]

The county clerk shall, with the county attorney, prepare a sufficient number of instruction cards containing a diagram showing the front of the voting machine as it will appear on the day of the election, instructions as to the proper method of voting by the use of the machine, and instructions as to the proper method of casting a write-in vote. For federal provisional ballots and supplemental paper ballots, if approved as provided in KRS 118.215 , the instruction cards shall indicate the offices, candidates, and questions which will appear on the supplemental paper ballots, the offices that will appear on the federal provisional ballot, the instructions for marking and depositing the supplemental paper ballots, instructions for filling out the federal provisional ballot, and instructions on how to properly execute the voter affirmations. The cards shall be examined and approved by the county board of elections at the time the machines are examined and approved. The cards shall be delivered to each election clerk by the county clerk at the time that other election supplies are delivered and the election clerk shall post the card at the polling place.

HISTORY: Enact. Acts 1974, ch. 130, § 31; 1976 (Ex. Sess.), ch. 1, § 4; 2020 ch. 89, § 12, effective July 15, 2020.

117.185. Election officers, instruction and compensation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 32; 1978, ch. 318, § 3, effective June 17, 1978; 1978, ch. 348, § 1, effective June 17, 1978) was repealed by Acts 1988, ch. 341, § 50, effective July 15, 1988.

117.187. Training regarding election laws for state and county officials — Training and compensation for election officers and training for certified challengers. [Effective until July 15, 2020]

  1. The State Board of Elections shall regularly provide special training regarding the election laws and methods of enforcement to all members of county boards of elections, county attorneys, Commonwealth’s attorneys, and certain members of the Department of Kentucky State Police.
  2. The county board of elections shall provide special training before each primary and regular election, and any special election held during a year in which no elections are scheduled, to all election officers, alternates, and certified challengers regarding their duties and the penalties for failure to perform. Election officers, including alternates, and certified challengers shall attend the training session, unless excused by the county board of elections for reason of illness or other emergency. Any person who fails to attend a training session without being excused shall be prohibited from serving as an election officer or challenger for a period of five (5) years. The training provided by the county board of elections shall include but not be limited to the following:
    1. Operation of the voting machine or ballot cards;
    2. Posting of necessary signs and notices at the polling place;
    3. Voter assistance;
    4. Maintaining precinct rosters;
    5. Confirmation of a voter’s identity;
    6. Challenge of a voter;
    7. Completing changes of address or name at the polling place;
    8. Qualifications for voting in a primary election;
    9. Electioneering and exit polling;
    10. Write-in voting procedures;
    11. Persons who may be in the voting room;
    12. Election violations and penalties;
    13. Assistance which may be provided by law enforcement officers;
    14. Election reports;
    15. Disability awareness;
    16. Provisional voting process;
    17. Election emergency contingency plan; and
    18. Elections and voting equipment security plan.
  3. The county attorney shall attend the training session for election officers to assist in explaining the duties and penalties for failure to perform.
  4. Compensation in the minimum amount of ten dollars ($10) for reimbursement of actual expenses shall be paid by the county to the election officers for attending the training session.

History. Enact. Acts 1988, ch. 341, § 12, effective July 15, 1988; 1992, ch. 288, § 50, effective July 14, 1992; 1994, ch. 394, § 15, effective July 15, 1994; 1998, ch. 243, § 10, effective April 1, 1998; 2005, ch. 71, § 3, effective June 20, 2005; 2006, ch. 7, § 2, effective March 8, 2006; 2007, ch. 85, § 158, effective June 26, 2007; 2010, ch. 176, § 6, effective July 15, 2010.

NOTES TO DECISIONS

1. Effect of No Instructions.

Where no evidence indicated that precinct officers had problems with the operation of a voting machine in a primary election, the fact that none of the officers received the instructions required by former KRS 117.185 was immaterial in determining the validity of the election. Sims v. Atwell, 556 S.W.2d 929, 1977 Ky. App. LEXIS 826 (Ky. Ct. App. 1977) (decided under prior law).

Opinions of Attorney General.

Given the nature of the urban county form of government, and the particular circumstances involved with regard to the county board of elections, since there is no longer any distinct city or county government within the county, the county board of elections is acting within its legal authority when it requests legal services to be rendered by the Urban County Government, Department of Law. OAG 90-43 .

117.187. Training regarding election laws for state and county officials — Training and compensation for election officers and training for certified challengers. [Effective July 15, 2020]

  1. The State Board of Elections shall regularly provide special training regarding the election laws and methods of enforcement to all members of county boards of elections, county attorneys, Commonwealth’s attorneys, and certain members of the Department of Kentucky State Police.
  2. The county board of elections shall provide special training before each primary and regular election, and any special election held during a year in which no elections are scheduled, to all election officers, alternates, and certified challengers regarding their duties and the penalties for failure to perform. Election officers, including alternates, and certified challengers shall attend the training session, unless excused by the county board of elections for reason of illness or other emergency. Any person who fails to attend a training session without being excused shall be prohibited from serving as an election officer or challenger for a period of five (5) years. The training provided by the county board of elections shall include but not be limited to the following:
    1. Operation of the voting machine or ballot cards;
    2. Posting of necessary signs and notices at the polling place;
    3. Voter assistance;
    4. Maintaining precinct rosters;
    5. Confirmation of a voter’s identity;
    6. Challenge of a voter;
    7. Completing changes of address or name at the polling place;
    8. Qualifications for voting in a primary;
    9. Electioneering and exit polling;
    10. Write-in voting procedures;
    11. Persons who may be in the voting room;
    12. Election violations and penalties;
    13. Assistance which may be provided by law enforcement officers;
    14. Election reports;
    15. Disability awareness;
    16. Provisional voting and provisional absentee voting;
    17. Election emergency contingency plan;
    18. Elections and voting equipment security plan; and
    19. Proof of identification.
  3. The county attorney shall attend the training session for election officers to assist in explaining the duties and penalties for failure to perform.
  4. Compensation in the minimum amount of ten dollars ($10) for reimbursement of actual expenses shall be paid by the county to the election officers for attending the training session.

HISTORY: Enact. Acts 1988, ch. 341, § 12, effective July 15, 1988; 1992, ch. 288, § 50, effective July 14, 1992; 1994, ch. 394, § 15, effective July 15, 1994; 1998, ch. 243, § 10, effective April 1, 1998; 2005, ch. 71, § 3, effective June 20, 2005; 2006, ch. 7, § 2, effective March 8, 2006; 2007, ch. 85, § 158, effective June 26, 2007; 2010, ch. 176, § 6, effective July 15, 2010; 2020 ch. 89, § 13, effective July 15, 2020.

117.195. Delivery of machines to precincts — Arrangement in voting place — Delivery of supplemental paper ballots, voting booths, supplies, and ballot box to each precinct — County clerk to take receipt and retain keys to ballot box. [Effective until July 15, 2020]

  1. At  least one (1) hour prior to the opening of the polls, the county clerk shall  deliver each machine, with the operating device and mechanism and the device  covering the registering counters securely locked, to the clerk of the precinct  in which it is to be used, and shall take a receipt indicating the distinguishing  number of the machine. The clerk of the precinct shall cause the machine to  be arranged in the voting place so that the front of the machine, on which  appear the ballot labels and the operating devices, will not be visible, when  being operated, to any person other than the voter.
  2. In  polling places in which machines for multiple precincts are located, the county  clerk shall post a sign near each machine identifying the precinct for which  the machine has been designated.
  3. If  supplemental paper ballots have been approved as provided in KRS 118.215 ,  the county clerk shall, at least one hour prior to the opening of the polls,  deliver a sufficient number of ballots for the registered voters of each precinct,  a sufficient number of voting booths for voting paper ballots, string, rubber  stamps for marking “Spoiled” and “Unused” ballots  and a locked ballot box for each precinct. The county clerk shall take a receipt  for the number of ballots issued and the ballot box for each precinct. The  county clerk shall retain the keys to all ballot boxes.

History. Enact. Acts 1974, ch. 130, § 33; 1976 (Ex. Sess.), ch. 1, § 5; 1990, ch. 48, § 24, effective July 13, 1990.

NOTES TO DECISIONS

1. Booths.

A failure to provide voting booths is not fatal to the election if the requirement of secrecy of the ballot was accomplished. Duncan v. McMurray, 249 S.W.2d 156, 1952 Ky. LEXIS 809 ( Ky. 1952 ) (decided under prior law).

2. Ballot Boxes.

When a contest or recount proceeding is filed, the Circuit Court may order the ballot boxes delivered to the master commissioner. Clark v. Robinson, 159 Ky. 25 , 166 S.W. 801, 1914 Ky. LEXIS 756 ( Ky. 1914 ) (decided under prior law).

The county clerk may provide more than one ballot box for a precinct if in his judgment there are so many voters in the precinct that one box will not hold all of the ballots. State Board of Election Comm'rs v. Coleman, 235 Ky. 24 , 29 S.W.2d 619, 1930 Ky. LEXIS 305 ( Ky. 1930 ) (decided under prior law).

The state board of election commissioners is the only body authorized to contract for the furnishing of ballot boxes. When a contract for a definite number of boxes has expired, the state board must make any new contract necessary for the furnishing of additional boxes. A county fiscal court cannot make a contract for additional boxes. State Board of Election Comm'rs v. Jefferson County, 260 Ky. 274 , 84 S.W.2d 23, 1935 Ky. LEXIS 430 ( Ky. 1935 ) (decided under prior law).

3. Clerk’s Fees.

The county clerk is not entitled to any fee from the county for delivering the ballots and election supplies to the precinct officers. Harlan County v. Blair, 243 Ky. 777 , 49 S.W.2d 1028, 1932 Ky. LEXIS 193 ( Ky. 1932 ) (decided under prior law).

County clerk is not entitled to fee for preparing ballot boxes. Taylor v. Jones, 253 Ky. 285 , 69 S.W.2d 372, 1934 Ky. LEXIS 648 ( Ky. 1934 ) (decided under prior law).

The county clerk is not entitled to any fee from the county for his services in preparing the ballot boxes for the election, but he is entitled to reimbursement for his expenses in delivering the boxes to the election officers. Goodlett v. Anderson County, 267 Ky. 166 , 101 S.W.2d 421, 1936 Ky. LEXIS 761 ( Ky. 1936 ) (decided under prior law).

117.195. Delivery of machines to precincts — Arrangement in voting place — Delivery of supplemental paper ballots, federal provisional voter ballots, voter affirmations, election official affirmations, voting booths, supplies, and ballot boxes to each precinct — County clerk to take receipt and retain keys to all ballot boxes and ballot receptacles. [Effective July 15, 2020]

  1. At least one (1) hour prior to the opening of the polls, the county clerk shall deliver each machine, with the operating device and mechanism and the device covering the registering counters securely locked, to the clerk of the precinct in which it is to be used, and shall take a receipt indicating the distinguishing number of the machine. The clerk of the precinct shall cause the machine to be arranged in the voting place so that the front of the machine, on which appear the ballot labels and the operating devices, will not be visible, when being operated, to any person other than the voter.
  2. In polling places in which machines for multiple precincts are located, the county clerk shall post a sign near each machine identifying the precinct for which the machine has been designated.
  3. For federal provisional ballots, and supplemental paper ballotsif approved as provided in KRS 118.215 , the county clerk shall, at least one (1) hour prior to the opening of the polls, deliver:
    1. A sufficient number of ballots, and supplemental paper ballots if approved, for the registered voters of each precinct;
    2. A sufficient number of voting booths for voting federal provisional ballots, and supplemental paper ballots if approved;
    3. A sufficient amount of string and rubber stamps for marking “Spoiled” and “Unused” ballots;
    4. A locked ballot box or receptacle for federal provisional ballots, and a separate locked ballot box for supplemental paper ballots if approved, for each precinct; and
    5. A sufficient number of federal provisional voter ballots, voter affirmations, and election official affirmations.

The county clerk shall take a receipt for the number of federal provisional ballots, and supplemental paper ballots if approved, issued and the ballot boxes or ballot receptacles for each precinct. The county clerk shall retain the keys to all ballot boxes and ballot receptacles.

HISTORY: Enact. Acts 1974, ch. 130, § 33; 1976 (Ex. Sess.), ch. 1, § 5; 1990, ch. 48, § 24, effective July 13, 1990; 2020 ch. 89, § 14, effective July 15, 2020.

117.205. Examination by election officers — Correction of defects — Reserve voting machine.

Before permitting any person to vote on the day of the election, the election officers shall examine the machine to ascertain whether it has been operated since the counters referred to in subsections (10) and (11) of KRS 117.125 were set at zero, and to ascertain whether the ballot labels are arranged as specified on the printed instruction cards. If the machine indicates that it has been operated or if the ballot labels are not so arranged, the officers shall not unlock the operating device or mechanism, but shall immediately secure the attendance of the county clerk and one (1) member of the county board of elections other than the county clerk, who shall reset the counters at zero and relock the device covering the counters, or properly arrange the ballot labels, as the case may be, in the presence of the election officers. If the attendance of members of the board of elections cannot be obtained before the opening of the polls or within one (1) hour thereafter, the election officers shall notify the county clerk of the foregoing facts and obtain from the county clerk a reserve voting machine, and proceed to conduct the election. Any reserve machine shall have been certified for use at the election by the county board of elections and prepared for use at the election by the election officers in the precinct in the same manner as the original machine was prepared for the election. The machine found to have been so operated shall be returned immediately to the custody of the county clerk, whose duty it shall be to promptly repair same in order that it may be used as a reserve machine in the election if needed.

History. Enact. Acts 1974, ch. 130, § 34; 1990, ch. 48, § 25, effective July 13, 1990.

NOTES TO DECISIONS

1. Public Counter.

The noncompliance by the election officials with statutory requirements to see that the public counter on a voting machine was set at zero, where there was no evidence that the error affected the result of the election, did not taint the election process in the precinct to the extent necessary for a judicial conclusion to reject the votes cast. Thurman v. Keen, 444 S.W.2d 754, 1969 Ky. LEXIS 229 ( Ky. 1969 ) (decided under prior law).

117.215. Procedure when machine becomes unusable during election — Counting of votes — Backup voting machine or supplemental paper ballots for emergency use.

  1. If,  during the conduct of an election, a machine becomes in a state of disrepair  so that it cannot be operated in a manner that will comply with the provisions  of this chapter, the election officers shall lock or seal the machine in such  a manner as to prevent further voting thereon and record the numbers shown  by the public counter. Then the election officers shall secure from the county  clerk a reserve voting machine, which shall be prepared and made ready for  use as provided in KRS 117.205 , and thereupon proceed to conduct the election.  When the polls are closed both the original and reserve voting machines shall  be examined and the votes thereon registered shall be counted as provided  in KRS 117.275 and the aggregate number of votes cast on both machines for  each candidate and on each question shall be certified as the result of the  election in that precinct.
  2. If  an emergency should arise due to the malfunction of the voting machine, the  county clerk shall provide a backup voting machine or supplemental paper ballots  for use at the precinct and a ballot box in which to deposit the voted ballots.  The ballot box shall be locked with two (2) locks and the judges of the precinct  shall each hold the key to one (1) lock. At the close of voting, the ballots  shall be counted at the precinct or a central counting center and added to  the votes cast by machine. The aggregate of these votes shall be certified  as the result of the election in that precinct.

History. Enact. Acts 1974, ch. 130, § 35; 1976 (Ex. Sess.), ch. 1, § 6; 1990, ch. 48, § 26, effective July 13, 1990.

Opinions of Attorney General.

Where, due to a multiplicity of city elections filed for in a single election year within a county, the county has an insufficient number of voting machines, the county board of elections and the county clerk may determine that an emergency exists authorizing the use of paper ballots. OAG 75-610 .

There is no requirement that the words “absent” or “special” be printed on ballots mailed to absentee and disabled voters; therefore one type of paper ballot can be used both as an absent ballot and as an emergency ballot. OAG 76-213 .

A county clerk is not required to have special ballots, ballot boxes and booths prepared for each election since a reserve voting machine is sufficient under subsection (2) of this section, which clearly provides that if an emergency arises due to the malfunction of the voting machine, the clerk has the alternative of either providing a backup voting machine or special ballots. OAG 81-284 .

117.225. Voter’s signature — Use of original registration forms to compare signature — Voting supplemental paper ballot. [Effective until July 15, 2020]

  1. Any  person desiring to vote on election day shall give his name and address to  the clerk of the election. If the person’s name is listed on the precinct  list furnished by the State Board of Elections as provided in KRS 117.025 and if no challenge is made, he shall sign his name on the precinct list in  the space opposite his printed name. The voter’s signature shall constitute  his verification that he is a properly registered and qualified voter. The  voter shall then retire alone to cast his vote on the voting machine. The  county board of elections may provide to each precinct the original registration  form of each voter entitled to vote in that precinct. These forms shall be  used to compare signatures in those precincts to which the forms are provided.
  2. If  supplemental paper ballots are used, as provided in KRS 118.215 , after voting  on the voting machine the voter shall take the supplemental paper ballot with  the stub intact and retire alone to the voting booth provided for voting paper  ballots. After voting the supplemental paper ballot, the voter shall remove  the numbered stub, hand the stub to an election official and deposit the voted  ballot in the locked ballot box.

History. Enact. Acts 1974, ch. 130, § 36; 1976, ch. 199, § 1; 1976 (Ex. Sess.), ch. 1, § 7; 1978, ch. 384, § 561, effective June 17, 1978; 1986, ch. 33, § 1, effective July 15, 1986.

NOTES TO DECISIONS

1. Failure to Sign List.

The signing of the precinct list is a prerequisite to the right to vote under this section, which is mandatory, but where four voters who failed to sign the precinct list did in fact vote but merely had their names signed by another person, such votes were illegal but not fraudulent. Sims v. Atwell, 556 S.W.2d 929, 1977 Ky. App. LEXIS 826 (Ky. Ct. App. 1977).

2. Violations.

While the failure of election officials to sign the precinct voter roster and to conscientiously note the method by which each voter's identity was confirmed violated Ky. Rev. Stat. Ann. § 117.227 , it did not establish the illegality of any votes, and as a result, was not a basis for invalidating the election results in a contest for judge executive. Hardin v. Montgomery, 495 S.W.3d 686, 2016 Ky. LEXIS 332 ( Ky. 2016 ).

117.225. When proof of voter’s identification is required — Voter’s signature — Use of original registration forms to compare signature — Voting supplemental paper ballot. [Effective July 15, 2020]

  1. Any person desiring to vote on election day shall give his or her name and address to the clerk of the election and shall provide proof of identification as defined in KRS 117.375 .
  2. A voter who votes in person at a precinct polling place that is located at a state-licensed care facility where the voter resides is not required to provide proof of identification, as defined in KRS 117.375 , before voting in a primary or an election.
  3. If the voter’s name is listed on the precinct list furnished by the State Board of Elections as provided in KRS 117.025 , the voter provides proof of identification, the voter is exempt pursuant to subsection (2) of this section, or the voter otherwise satisfies the requirements of KRS 117.228 , and if no challenge is made, then he or she shall sign his or her name on the precinct list in the space opposite his or her printed name. The voter’s signature shall constitute the voter’s verification that the voter is a properly registered and qualified voter. The voter shall then retire alone to cast his or her vote on the voting machine. The county board of elections may provide to each precinct the original registration form of each voter entitled to vote in that precinct. These forms shall be used to compare signatures in those precincts to which the forms are provided.
  4. If supplemental paper ballots are used, as provided in KRS 118.215 , after voting on the voting machine the voter shall take the supplemental paper ballot with the stub intact and retire alone to the voting booth provided for voting paper ballots. After voting the supplemental paper ballot, the voter shall remove the numbered stub, hand the stub to an election officer and deposit the voted ballot in the locked supplemental paper ballot box in the presence of a precinct election officer.

HISTORY: Enact. Acts 1974, ch. 130, § 36; 1976, ch. 199, § 1; 1976 (Ex. Sess.), ch. 1, § 7; 1978, ch. 384, § 561, effective June 17, 1978; 1986, ch. 33, § 1, effective July 15, 1986; 2020 ch. 89, § 15, effective July 15, 2020.

117.227. Confirmation of voter’s identity. [Effective until July 15, 2020]

Election officers shall confirm the identity of each voter by personal acquaintance or by a document, such as a motor vehicle operator’s license, Social Security card, any identification card that has been issued by the county and which has been approved in writing by the State Board of Elections, any identification card with picture and signature, any United States government-issued identification card, any Kentucky state government-issued identification card with picture, or credit card. The election officer confirming the identity shall sign the precinct voter roster and list the method of identification.

History. Enact. Acts 1988, ch. 341, § 9, effective July 15, 1988; 2002, ch. 10, § 1, effective July 15, 2002; 2016 ch. 62, § 7, effective July 15, 2016.

117.227. Confirmation of voter’s identity. [Effective July 15, 2020]

Except as otherwise provided, election officers shall confirm the identity of each voter by proof of identification as defined in KRS 117.375 . The election officer confirming the identity shall sign the precinct voter roster and list the method of proof of identification.

HISTORY: Enact. Acts 1988, ch. 341, § 9, effective July 15, 1988; 2002, ch. 10, § 1, effective July 15, 2002; 2016 ch. 62, § 7, effective July 15, 2016; 2020 ch. 89, § 16, effective July 15, 2020.

117.228. Procedure for casting ballot if voter is unable to provide proof of identification. [Effective July 15, 2020]

  1. Except as provided in subsection (4) of this section, on the day of a primary, an election, or during in-person absentee voting, if a voter is unable to provide proof of identification as required under KRS 117.225 , and as defined under KRS 117.375 , a voter may cast a ballot if the individual:
    1. Is eligible to vote under KRS 116.025 ;
    2. Is entitled to vote in that precinct; and
    3. In the presence of the election officer, executes a voter’s affirmation, on a form prescribed and furnished by the State Board of Elections pursuant to administrative regulations promulgated under KRS Chapter 13A, affirming:
      1. The voter is a citizen of the United States;
      2. The voter’s date of birth to the best of the voter’s knowledge and belief;
      3. The voter is qualified to vote in this precinct under KRS 116.025 ;
      4. The voter’s name, and that the voter is generally known by that name, or the name is as stated on his or her voter registration card;
      5. The voter has not voted and will not vote in any other precinct;
      6. The voter’s current residential address, including the street address number and, if different from the voter’s current address, the voter’s residential address prior to the close of the registration books under KRS 116.045 , and the date the voter moved;
      7. The voter understands that making a false statement on the affirmation is punishable under penalties of perjury; and
      8. The voter has one (1) of the following impediments to procure proof of identification as defined in KRS 117.375 :
        1. Lack of transportation;
        2. Inability to obtain his or her birth certificate or other documents needed to show proof of identification;
        3. Work schedule;
        4. Lost or stolen identification;
        5. Disability or illness;
        6. Family responsibilities;
        7. The proof of identification has been applied for, but not yet received; or
        8. The voter has a religious objection to being photographed.
  2. In addition to the requirements of subsection (1) of this section, to cast a ballot, the voter who is unable to provide proof of identification shall provide to an election officer:
    1. The voter’s Social Security Card;
    2. Any identification card issued by a county in this state which has the name of the voter stated and has been approved in writing by the State Board of Elections pursuant to administrative regulations promulgated under KRS Chapter 13A;
    3. Any identification card with the voter’s photograph and the name of the voter stated;
    4. Any food stamp identification card, electronic benefit transfer card, or supplemental nutrition assistance card, that is issued by this state and has the name of the voter stated; or
    5. A credit or debit card with the name of the voter stated.
  3. After the election officer obtains the affirmation from the voter required by subsection (1) of this section, and after the voter provides the documents under subsection (2) of this section, the voter shall sign the precinct signature roster and shall proceed to cast his or her vote in a ballot completion area.
  4. If the voter is personally known to the election officer, the election officer may execute an election officer affirmation, on a form prescribed and furnished by the State Board of Elections pursuant to administrative regulations promulgated under KRS Chapter 13A, affirming the voter’s identification as being personally known to him or her. Once the affirmation is executed by the election officer, the voter shall sign the precinct signature roster and shall proceed to cast his or her vote in a ballot completion area. For purposes of this subsection, “personally known” means that the election officer knows the voter’s name and that the voter is a resident of the community.
  5. The voter affirmation and the election officer affirmations executed under this section shall be processed in the same manner as an oath of voter affidavit as prescribed by KRS 117.245(3) and (4).

HISTORY: 2020 ch. 89, § 1, effective July 15, 2020.

117.229. Casting of provisional ballot in election for federal office if voter is unable to provide proof of identification. [Effective July 15, 2020]

On the day of a primary, an election, or during in-person absentee voting when a federal elective office is on the ballot, if a voter is unable to provide proof of identification, as required under KRS 117.225 and as defined under KRS 117.375 , or the voter fails to meet the requirements of KRS 117.228 , the voter may cast a provisional ballot for the federal elective office of President, Vice President, United States Senator, and United States House of Representative if the individual conforms to the provisional voting requirements in accordance with the Help America Vote Act of 2002.

HISTORY: 2020 ch. 89, § 2, effective July 15, 2020.

117.235. Persons permitted in voting room — Prohibited activities — Exit polls permitted — Maintenance of order — Mock elections for school children — Display of political campaign signs on private property.

  1. No person, other than the election officers, challengers, person assisting voters in accordance with KRS 117.255(3), and a minor child in the company of a voter, shall be permitted within the voting room while the vote is being polled, except as follows:
    1. For the purpose of voting;
    2. By authority of the election officers to keep order and enforce the law;
    3. With the express approval of the county board of elections to repair or replace voting equipment that is malfunctioning and to provide additional voting equipment; or
    4. At the voter’s discretion, a minor child in the company of a voter may accompany the voter into a voting booth or other private area provided for casting a vote.
  2. No officer of election shall do any electioneering on election day.
    1. No person shall electioneer at the polling place on the day of any election, as established in KRS 118.025 , within a distance of one hundred (100) feet of any entrance to a building in which a voting machine is located if that entrance is unlocked and is used by voters on election day. (3) (a) No person shall electioneer at the polling place on the day of any election, as established in KRS 118.025 , within a distance of one hundred (100) feet of any entrance to a building in which a voting machine is located if that entrance is unlocked and is used by voters on election day.
    2. No person shall electioneer within the interior of a building or affix any electioneering materials to the exterior or interior of a building where the county clerk’s office is located, or any building designated by the county board of elections and approved by the State Board of Elections for absentee voting, during the hours absentee voting is being conducted in the building by the county clerk pursuant to KRS 117.085(1)(c).
    3. Electioneering shall include the displaying of signs, the distribution of campaign literature, cards, or handbills, the soliciting of signatures to any petition, or the solicitation of votes for or against any bona fide candidate or ballot question in a manner which expressly advocates the election or defeat of the candidate or expressly advocates the passage or defeat of the ballot question, but shall not include exit polling, bumper stickers affixed to a person’s vehicle while parked within or passing through a distance of one hundred (100) feet of any entrance to a building in which a voting machine is located, private property as provided in subsection (7) of this section, or other exceptions established by the State Board of Elections through the promulgation of administrative regulations.
  3. No voter shall be permitted to converse with others while in any room in which voting, including absentee voting, is conducted concerning their support or nonsupport of any candidate, party, or issue to be voted on, except as provided in KRS 117.255 .
  4. Any precinct election officer, county clerk, deputy county clerk, or any law enforcement official may enforce the election laws and maintain law and order at the polls and within one hundred (100) feet of any entrance to the building in which the voting machine is located if that entrance is unlocked and is used by voters. Assistance may be requested of any law enforcement officer.
  5. Notwithstanding the provisions of subsection (1) of this section, the State Board of Elections may establish a program designed to instill in school children a respect for the democratic principles of voting by conducting in any county a mock election for school children in conjunction with any primary, or regular or special election. The State Board of Elections shall promulgate administrative regulations regarding the mock elections to insure that the regular voting process will not be impaired.
  6. Notwithstanding the provisions of subsection (3) of this section, nothing in this section shall prohibit the displaying of political campaign signs on private property or private establishments by a person having a leased or ownership interest in that private property or private establishment within the campaign-free zone, regardless of the distance from the polling place. In the case of a polling location being on private property that is leased or otherwise under contract for the purpose of serving as a polling location, the provisions of subsection (3) of this section shall be applicable to that leased or contracted-for private property.

History. Enact. Acts 1974, ch. 130, § 37; 1978, ch. 224, § 1, effective June 17, 1978; 1978, ch. 318, § 4, effective June 17, 1978; 1982, ch. 394, § 14, effective July 15, 1982; 1986, ch. 470, § 13, effective July 15, 1986; 1988, ch. 341, § 30, effective July 15, 1988; 1990, ch. 48, § 27, effective July 13, 1990; 1992, ch. 296, § 22, effective July 14, 1992; 1994, ch. 394, § 16, effective July 15, 1994; 1996, ch. 49, § 1, effective March 12, 1996; 1996, ch. 195, § 7, effective July 15, 1996; 2005, ch. 176, § 1, effective March 31, 2005; 2006, ch. 107, § 3, effective March 30, 2006; 2008, ch. 79, § 3, effective July 15, 2008; 2016 ch. 62, § 4, effective July 15, 2016.

NOTES TO DECISIONS

Analysis

1. Constitutionality.

Defendants presented no argument, and evidently the legislature did not engage in factfinding and analysis, to carry their burden to explain why they required a no-political-speech area immensely larger than what was legitimized by the U.S. Supreme Court. Ky. Rev. Stat. Ann. § 117.235(3) violates the Free Speech Clause of U.S. Const. amend. I. Russell v. Lundergan-Grimes, 784 F.3d 1037, 2015 U.S. App. LEXIS 6977 (6th Cir. Ky. 2015 ).

Burdens on protected speech and the chilling effect Ky. Rev. Stat. Ann. § 117.235(3) produced required that the statute be invalidated facially. Russell v. Lundergan-Grimes, 784 F.3d 1037, 2015 U.S. App. LEXIS 6977 (6th Cir. Ky. 2015 ).

Five-hundred (500) foot electioneering ban is both necessary and narrowly tailored. Because the restriction is necessary and narrowly tailored, and because the ban serves recognized and compelling state interests, the restriction survives “strict scrutiny” review. In short, Kentucky’s prohibition on electioneering within 500 feet of polling stations strikes a constitutionally permissible compromise between the competing interests of free speech and fair elections. Anderson v. Spear, 189 F. Supp. 2d 644, 2002 U.S. Dist. LEXIS 5215 (E.D. Ky. 2002 ), aff'd in part and rev'd in part, 356 F.3d 651, 2004 FED App. 0025P, 2004 U.S. App. LEXIS 586 (6th Cir. Ky. 2004 ).

2. Effect of Electioneering.

Where electioneering, which had not been authorized pursuant to this section, occurred in a primary election but did not interfere with the secrecy of the voting or affect the outcome and there was no disorganization or intimidation, the votes in the precinct would not be invalidated. Sims v. Atwell, 556 S.W.2d 929, 1977 Ky. App. LEXIS 826 (Ky. Ct. App. 1977).

3. Violations.

Where election was voided by Supreme Court for candidate’s violations of KRS 117.235 and 121.055 , the trial court had jurisdiction to enforce the order by ordering candidate to vacate the office. Ellis v. Jasmin, 968 S.W.2d 669, 1998 Ky. LEXIS 91 ( Ky. 1998 ).

4. Electioneering by Officials.

In a federal prosecution of a deputy clerk for participation in a vote buying conspiracy, the jury was incorrectly told that Kentucky law prohibited the clerk from supervising in-person absentee voting; because a challenger is not an election officer, a challenger’s presence did not result in equal representation of political parties, and the clerk’s supervision was proper. The error was not prejudicial because the jury was correctly instructed that the clerk could not lawfully assist voters. United States v. Risner, 737 Fed. Appx. 751, 2018 FED App. 0304N, 2018 U.S. App. LEXIS 16252 (6th Cir. Ky. 2018 ).

It was a violation of law for a Republican judge, in handling ballots to voters, to explain how they could vote the straight Republican ticket, but in the absence of evidence as to how such voters voted, or that contestant was prejudiced thereby, the entire vote of the precinct would not be thrown out on that account. Pettit v. Yewell, 113 Ky. 777 , 68 S.W. 1075, 24 Ky. L. Rptr. 565 , 1902 Ky. LEXIS 97 ( Ky. 1902 ) (decided under prior law).

The fact that challengers and election officers indulged in electioneering in voting room would not require that vote of precinct be thrown out. Hill v. Mottley, 142 Ky. 385 , 134 S.W. 469, 1911 Ky. LEXIS 206 (Ky.), modified, Hill v. Motley, 143 Ky. 158 , 136 S.W. 134, 1911 Ky. LEXIS 345 ( Ky. 1911 ) (decided under prior law).

A candidate for alderman violated this section and KRS 121.055 by shaking hands with voters and making free food available to voters at ten (10) of fifteen (15) voting stations in his ward; as the candidate won by a mere eight (8) vote plurality, the election was set aside as possibly influenced or made unfair by the illegal electioneering. Ellis v. Meeks, 957 S.W.2d 213, 1997 Ky. LEXIS 101 ( Ky. 1997 ).

5. Purpose.

Former law which provided that persons other than officials or challengers were not permitted in the voting room while vote was being polled except for the purpose of voting or by the authority of election officials was directory and not mandatory; its purpose was to maintain secrecy of the ballot, and if the secrecy of the election was not violated, an election would not be set aside because of a technical violation. A general allegation that violation of former law changed the result of the election was insufficient to show invalidity of election, since it failed to show how and to what extent votes were affected. Feld v. Prewitt, 274 Ky. 306 , 118 S.W.2d 700, 1938 Ky. LEXIS 264 ( Ky. 1938 ); Fuson v. Helton, 314 Ky. 123 , 234 S.W.2d 496, 1950 Ky. LEXIS 1038 ( Ky. 1950 ) (decided under prior law).

6. Effect on Outcome Required.

In order to sustain a contest, violation of the 50-foot law must result in something that changes the outcome of the election and it must have invaded the secrecy of the ballot or have been of such character as to constitute intimidation, or otherwise have affected the fairness of the election. Adams v. Wakefield, 301 Ky. 35 , 190 S.W.2d 701, 1945 Ky. LEXIS 687 ( Ky. 1945 ), overruled, Barger v. Ward, 407 S.W.2d 397, 1966 Ky. LEXIS 152 ( Ky. 1966 ), overruled in part, Barger v. Ward, 407 S.W.2d 397, 1966 Ky. LEXIS 152 ( Ky. 1966 ), overruled on other grounds, Barger v. Ward, 407 S.W.2d 397, 1966 Ky. LEXIS 152 (Ky. 1966) (decided under prior law).

In election contest where it was contended that secrecy of ballot was not maintained because persons were permitted to congregate within less than 50 feet of the polling place in two precincts, such violation did not invalidate election as there was no showing that to any substantial degree it interfered with the secrecy of voting and there was no proof that such condition in any way affected its outcome. Stanley v. Goff, 324 S.W.2d 124, 1959 Ky. LEXIS 355 ( Ky. 1959 ) (decided under prior law).

7. Keeping Persons Fifty Feet From Polls.

The election officers have control of the polls and of the space within 50 feet of them and if a policeman necessarily comes into this space to preserve order, he should withdraw when the present necessity is removed. Skain v. Milward, 138 Ky. 200 , 127 S.W. 773, 1910 Ky. LEXIS 61 ( Ky. 1910 ) (decided under prior law).

8. Excessive Number of Voters.

Admitting 13 voters into voting room at one time would not invalidate votes in absence of showing that secrecy of ballot was violated or that someone was prejudiced. Land v. Land, 244 Ky. 126 , 50 S.W.2d 518, 1931 Ky. LEXIS 720 ( Ky. 1931 ) (decided under prior law).

9. Persons Other Than Voters in Room.

Where election officers permitted persons other than voters to remain in room during election, such conduct, coupled with other irregularities, was sufficient to invalidate entire vote of precinct. Banks v. Sergent, 104 Ky. 843 , 20 Ky. L. Rptr. 1024 , 48 S.W. 149, 1898 Ky. LEXIS 230 ( Ky. 1898 ), overruled in part, Widick v. Ralston, 303 Ky. 373 , 197 S.W.2d 261, 1946 Ky. LEXIS 880 (1946), overruled on other grounds, Widick v. Ralston, 303 Ky. 373 , 197 S.W.2d 261, 1946 Ky. LEXIS 880 ( Ky. 1946 ) (decided under prior law).

10. Maintaining Order.

A policeman should not take any part in maintaining order within 50 feet of the polls, unless it is necessary to preserve the peace or he is requested to do so by the sheriff of election; whatever he does within 50 feet of the polls he should do in assisting the sheriff, and he should under no circumstances interfere with the sheriff. Skain v. Milward, 138 Ky. 200 , 127 S.W. 773, 1910 Ky. LEXIS 61 ( Ky. 1910 ) (decided under prior law).

11. Violations.

A few isolated violations of former section which provided what persons were permitted in the voting room, not of such character as to substantially impair the secrecy of the ballot, would not have grounds for invalidating the entire vote of a precinct. Goodwin v. Anderson, 269 Ky. 11 , 106 S.W.2d 152, 1937 Ky. LEXIS 566 ( Ky. 1937 ), overruled, Barger v. Ward, 407 S.W.2d 397, 1966 Ky. LEXIS 152 ( Ky. 1966 ), overruled in part, Barger v. Ward, 407 S.W.2d 397, 1966 Ky. LEXIS 152 ( Ky. 1966 ), overruled on other grounds, Barger v. Ward, 407 S.W.2d 397, 1966 Ky. LEXIS 152 (Ky. 1966) (decided under prior law).

12. — Pleadings.

In order to establish violations of former section that provided what persons were permitted in the voting room and prohibited electioneering within 50 feet of the polling place as a ground of contest, there must have been specific allegations as to the acts committed, and that such acts changed the result of the election or resulted in such fraud or intimidation as to prevent a fair election. Goodwin v. Anderson, 269 Ky. 11 , 106 S.W.2d 152, 1937 Ky. LEXIS 566 ( Ky. 1937 ), overruled, Barger v. Ward, 407 S.W.2d 397, 1966 Ky. LEXIS 152 ( Ky. 1966 ), overruled in part, Barger v. Ward, 407 S.W.2d 397, 1966 Ky. LEXIS 152 ( Ky. 1966 ) decided under prior law, overruled on other grounds, Barger v. Ward, 407 S.W.2d 397, 1966 Ky. LEXIS 152 (Ky. 1966) (decided under prior law).

Where, in action challenging local option election on grounds of violation of former statute prohibiting electioneering within 50 feet of polls, the petition did not name any voters who were influenced by the illegal electioneering, did not state the number of such persons, and did not set forth that a number of voters sufficient to change the result of the election had been kept from the polls, the petition was insufficient, notwithstanding allegation that result of election was changed by reason of alleged violation of former statute. Fuson v. Helton, 314 Ky. 123 , 234 S.W.2d 496, 1950 Ky. LEXIS 1038 ( Ky. 1950 ) (decided under prior law).

Opinions of Attorney General.

The phrase “within fifty feet of the polls” contained in a former version of subsection (3) of this section meant within 50 feet of the door to the polling place. OAG 74-473 .

In counties where the fiscal court or legislative body of an urban-county government have not enacted a county wide electioneering ordinance, the providing of transportation and the hauling of voters to the polls on election day would not themselves constitute actions in violation of the statute. OAG 74-773 .

Challengers may stay within the voting room while the vote is being polled, the election judges having no authority to eject them therefrom, and the challengers may exercise reasonable discretion in deciding where in the room they will post themselves, including withdrawing from the voting room when they feel it necessary. OAG 75-95 .

It is clear that where the courtroom was selected as the voting place on election day, no one should have been permitted to have access to the room during the period that the polls were open other than the election officers, challengers and those persons desiring to cast their vote, which would exclude the city judge and members of the police force. OAG 75-408 .

The posting of political signs and posters in the vicinity of the polls does not appear to constitute “electioneering” as restricted by this section, but such material should be placed prior to the opening of the polls on election day. OAG 75-627 .

Political posters erected before the polls open would not constitute a form of electioneering, but during polling hours posters cannot be erected in or around the polling place or within the prohibited radius established pursuant to subsection (3) of this section. OAG 75-627 , 77-222.

The term “electioneering” means where a person, through some overt action, tries to sway a voter to vote for a particular candidate or public question by persuasion, harassment or intimidation and this definition would prevent the handing out of political cards and literature at the polling place or within the area outside established by law in which electioneering is prohibited. OAG 77-222 .

Political posters cannot be placed on the voting booth itself under any circumstances even though erected prior to the opening of the polls. OAG 77-222 .

People cannot congregate outside of the election booth and even the officers and challengers should not in any way interfere with the election process by congregating outside of the voting booth; of course, one of the judges must be there to operate the machine but the rest of the perimeter should be clear of the election officials and challengers. OAG 77-222 .

By this section the Legislature did not intend to bar electioneering throughout a county but rather to authorize the fiscal court to specifically establish a distance from the polling place beyond which electioneering may be permitted. OAG 77-318 .

By failing to establish a specific distance, beyond the minimum of 50 feet contained in a former version of subsection (3) of this section prior to amendment, from the polling place where electioneering may be permitted (as for example, 50, 100 or 200 feet), this section makes it impossible to determine this fact unless the intent is to bar electioneering throughout the county; the Legislature could not have intended this, since it would not only be unreasonable but also unenforceable. OAG 78-425 .

The electioneering statute poses a serious question as to its validity because of vagueness with respect to the distance from the polls, beyond the 50-foot minimum contained in a former version of subsection (3) prior to amendment, that electioneering may be permitted where the fiscal court or legislative body fails to enact appropriate legislation. OAG 78-425 .

A literal interpretation of subsection (1) of this section thwarts certain basic First Amendment rights of the media to gather and disseminate news; thus, the media should be allowed to enter the polling place for the very limited purpose of filming or observing the electoral process for a limited time. OAG 88-76 .

Electioneering, as defined in this section, broadly encompasses all activities, including such passive activities as wearing a campaign button, that solicit a vote for or against a candidate or issue. (overruling OAG 1984-94 ). OAG 92-73 .

This section may be fully enforced to prohibit electioneering by precinct officers, since the state’s compelling need to maintain orderly elections outweighs the first amendment rights of the precinct officers, but the first amendment prohibits enforcement of this section to prohibit voters from wearing items such as buttons or shirts that solicit a vote for or against a candidate or issue, although the first amendment does not allow a voter to disrupt the voting process by persistent appeals to other voters who do not wish to be subjected to such communication; passive communication such as wearing a hat, button, or shirt is permissible; oral solicitation of votes, or other more intrusive communication, is not. OAG 92-73 .

Research References and Practice Aids

Kentucky Law Journal.

Walker, Note, “Don’t Show Them Where to Click and Vote:” An Assessment of Electioneering Law in the United States as a Consideration in Implementing Internet Voting Regimes, 91 Ky. L.J. 715 (2002).

117.236. Prohibition against recording identity of voters — Exception, state-approved signature roster.

  1. For purposes of this section, “personal telecommunication device” means a device that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor, including but not limited to a paging device or cellular telephone.
  2. No election officer, voter, or other person permitted by law within the voting room, except for challengers appointed under KRS 117.315 , shall use paper, telephone, a personal telecommunications device, or a computer or other information technology system for the purpose of creating a checkoff list or otherwise recording the identity of voters within the voting room, except for the official use of the precinct signature roster that is furnished or approved by the State Board of Elections and is otherwise permitted by law.

History. Enact. Acts 2005, ch. 71, § 1, effective June 20, 2005.

117.237. Request for Department of Kentucky State Police to patrol voting precinct during polling hours and investigate reported violations — Reports to prosecutors.

  1. A county board of elections, a clerk, judge/executive, sheriff, fiscal court, the Attorney General, grand jury, or the county chairman of either of the two (2) political parties which polled the largest vote in the preceding general election may request that the Department of Kentucky State Police patrol voting precincts in the county during the hours the polls are open on the day of any primary or regular or special election for the purpose of maintaining order and enforcing the election laws of the state. The Department of Kentucky State Police shall investigate any reported violations of the election laws. Candidates may petition any of the aforementioned officers or bodies to request State Police patrols of county voting precincts.
  2. The Department of Kentucky State Police shall report the results of their investigation to the appropriate Commonwealth’s and county attorneys.

History. Enact. Acts 1986, ch. 287, § 1, effective July 15, 1986; 1988, ch. 341, § 31, effective July 15, 1988; 2007, ch. 85, § 159, effective June 26, 2007.

117.245. Procedure when voter’s right to vote disputed. [Effective until July 15, 2020]

  1. The  fact that a person is registered constitutes only prima facie evidence of  his right to vote and does not prevent the officers of any election from refusing  to allow him to vote for cause.
  2. When  the officers of an election disagree as to the qualifications of a voter or  if his right to vote is disputed by a challenger, the voter shall sign a written  oath as to his qualifications before he is permitted to vote. The oath shall  be in such form as prescribed by the State Board of Elections and twenty (20)  printed copies shall be included in the election supplies of each precinct.
  3. The  subscribed oaths shall be returned to the county clerk who shall deliver them  to the Commonwealth’s attorney.
  4. The  Commonwealth’s attorney and county attorney shall investigate each of the  oaths and cause to be summoned before the grand jury the witnesses they or  either of them, deem proper, and the grand jury shall make a thorough investigation  of all votes so cast, and return indictments against all persons illegally  voting. The foreman of the grand jury shall return to the county clerk all  of the oaths upon which no indictments are found. The clerk shall safely keep  them as a part of the records of his office, and shall produce any or all  of them, when required, to any subsequent grand jury.

History. Enact. Acts 1974, ch. 130, § 38; 1976 (Ex. Sess.), ch. 14, § 130, effective January 2, 1978; 1982, ch. 394, § 15, effective July 15, 1982.

NOTES TO DECISIONS

1. Oath.

The requirement of an oath is a reasonable one. Erwin v. Benton, 120 Ky. 536 , 87 S.W. 291, 27 Ky. L. Rptr. 909 , 1905 Ky. LEXIS 131 ( Ky. 1905 ) (decided under prior law).

Where voters who were challenged did not sign or offer to sign the oath, although they were notified that the blanks were available, they could not complain that they were not allowed to vote. Erwin v. Benton, 120 Ky. 536 , 87 S.W. 291, 27 Ky. L. Rptr. 909 , 1905 Ky. LEXIS 131 ( Ky. 1905 ) (decided under prior law).

Where the election officers refuse to permit a person to vote on the ground that he is not qualified, he may demand that he be permitted to take the oath and the officers must then permit him to take the oath. Campbell v. Commonwealth, 244 Ky. 328 , 50 S.W.2d 929, 1932 Ky. LEXIS 414 ( Ky. 1932 ) (decided under prior law).

In prosecution for making false oath where Commonwealth offered evidence that appellee was attending college in Kentucky, that he had referred to Chicago as his home and that he had said that after college he was going to a foreign country to preach, such evidence failed to establish falsity of statement as to residence. Commonwealth v. Jewell, 248 Ky. 630 , 59 S.W.2d 565, 1933 Ky. LEXIS 290 ( Ky. 1933 ) (decided under prior law).

2. Liability for Barring Voter.

Election officers were not liable to voter for denying him right to vote on ground of nonresidence, where voter did not insist that he be allowed to make affidavit, as provided in former similar section, and officers were not influenced by bad motives. Reynolds v. Perkins, 274 Ky. 808 , 120 S.W.2d 663, 1938 Ky. LEXIS 351 ( Ky. 1938 ) (decided under prior law).

Cited:

Commonwealth v. Kash, 967 S.W.2d 37, 1997 Ky. App. LEXIS 119 (Ky. Ct. App. 1997).

Opinions of Attorney General.

The procedure for executing the voter oath under the terms of this section is designed for use where there exists some record of the voter having been registered but nevertheless his right to be registered has been challenged; but if no registration record exists at the polls, he should not be permitted to vote under oath and must seek relief before the county board, county court or Circuit Court. OAG 75-409 .

Although registration constitutes only prima facie evidence of a person’s right to vote and does not prevent the officers of any election from refusing to allow him to vote for cause, if his right to vote is challenged, the voter may sign a written oath as to his qualifications and then be permitted to vote. OAG 76-304 .

Although a challenger can observe a voter signing the registration record, check the signature and challenge the qualifications of the voter, he cannot enter the voting booth to observe the voter casting his vote. OAG 77-401 .

A nonregistered voter would be required to appear before the county board on election day for permission to vote or, being refused the right, appeal to a Circuit Court. OAG 78-785 .

When a voter moves to another precinct but fails to notify the clerk to change his registration, he is still prima facie eligible to vote in his old precinct until purged by the board pursuant to KRS 116.115 (repealed); such voter can, of course, be challenged at the polls, however, he may execute the voter’s oath and proceed to vote under the terms of this section. OAG 80-466 .

117.245. Procedure when voter’s right to vote disputed. [Effective July 15, 2020]

  1. The fact that a person is registered constitutes only prima facie evidence of his or her right to vote and does not prevent the officers of any election from refusing to allow him or her to vote for cause.
  2. When the officers of an election disagree as to the qualifications of a voter or if his or her right to vote is disputed by a challenger, other than for failure to provide proof of identification as defined in KRS 117.375 , the voter shall sign a written oath as to his or her qualifications before he or she is permitted to vote. The oath shall be in such form prescribed and furnished by the State Board of Elections pursuant to administrative regulations promulgated under KRS Chapter 13A. Twenty (20) printed copies of these oaths shall be included in the election supplies of each precinct.
  3. The subscribed oaths shall be returned to the county clerk who shall deliver them to the Commonwealth’s attorney.
  4. The Commonwealth’s attorney and county attorney shall investigate each of the oaths and cause to be summoned before the grand jury the witnesses they or either of them, deem proper, and the grand jury shall make a thorough investigation of all votes so cast, and return indictments against all persons illegally voting. The foreman of the grand jury shall return to the county clerk all of the oaths upon which no indictments are found. The county clerk shall safely keep them as a part of the records of his or her office, and shall produce any or all of them, when required, to any subsequent grand jury.

HISTORY: Enact. Acts 1974, ch. 130, § 38; 1976 (Ex. Sess.), ch. 14, § 130, effective January 2, 1978; 1982, ch. 394, § 15, effective July 15, 1982; 2020 ch. 89, § 17, effective July 15, 2020.

117.255. Instruction of voters — Assistance and certification of voters requiring assistance — Manner of voting — Report of violations. [Effective until July 15, 2020]

  1. The voter shall be instructed by the officers of election, with the aid of the instruction cards and the model, in the use of the machine, if the voter so requests.
  2. Except for those voters who have been certified as requiring assistance on a permanent basis, no voter shall be permitted to receive any assistance in voting at the polls unless he makes and signs an oath that, because of blindness, other physical disability, or an inability to read English, he is unable to vote without assistance. The oath shall be upon a voter assistance form prescribed by the State Board of Elections. Any person assisting a voter shall complete the voter assistance form.
  3. Upon making and filing the oath with the precinct clerk, the voter requiring assistance shall retire to the voting machine or ballot completion area with the precinct judges, and one (1) of the judges shall, in the presence of the other judge and the voter, operate the machine or complete the ballot as the voter directs. A voter requiring assistance in voting may, if he prefers, be assisted by a person of his own choice who is not an election officer, except that the voter’s employer, an agent of the voter’s employer, or an officer or agent of the voter’s union shall not assist a voter.
  4. The precinct election clerk shall swear a person assisting a voter in voting to operate the voting machine or complete the ballot in accordance with the directions of the voter, and the person sworn shall enter the voting booth or ballot completion area and operate the machine or complete the ballot for the voter as the voter directs.
  5. A voter who requires voting assistance on a permanent basis because of blindness or other physical disability may apply to the county board of elections for certification. Application may be made when registering to vote or completing the voter assistance form by indicating that the reason for obtaining assistance is permanent. The county board of elections shall determine whether the applicant requires assistance on a permanent basis. The county board of elections shall notify the county clerk of persons certified as requiring permanent voting assistance and the county clerk shall enter the certification on the voter’s registration record. The State Board of Elections shall indicate on the precinct roster of voters those voters who are certified to receive assistance permanently without signing the voter assistance form at the precinct.
  6. “Voting booth” or “ballot completion area” means an area in which a voter casts his vote or completes his ballot which is designed to insure the secrecy of the vote. No voter shall be assisted under this subsection unless the judges and the sheriff of election are satisfied of the truth of the facts stated in the oath. The voter shall state in his oath the specific reason that requires him to receive assistance.
  7. No voter shall be permitted to occupy the voting machine more than two (2) minutes if other voters are waiting to use it, except that those voters who because of a disability need extra time to cast a ballot shall be given a reasonable amount of time to vote.
  8. In primary elections, before a voter is permitted to use the voting machine, a judge of the election shall adjust the machine so that the voter will only be able to vote for the persons for whom the voter is qualified to vote.
  9. If the machine is so constructed as to require adjustment after one person has voted before another person may vote, the judges of election shall adjust it after each person has voted.
  10. The election officers shall constantly maintain a watch in order to prevent any person from voting more than once.
  11. If supplemental paper ballots have been approved, as provided in KRS 118.215 , the voter shall vote his ballot in privacy in a booth provided for that purpose by the county clerk. If the voter spoils his ballot, he shall return the spoiled paper ballot to an election official who shall stamp the ballot “Spoiled,” initial and place the spoiled ballot in an envelope provided for that purpose. The voter shall be issued a second supplemental paper ballot. Upon completion of voting, the voter shall remove the numbered stub from the ballot, hand the stub to an election official and deposit the voted ballot in the locked ballot box in the presence of precinct election officials.
  12. The election sheriff shall be responsible for reporting violations of this section.

History. Enact. Acts 1974, ch. 130, § 39; 1976 (Ex. Sess.), ch. 1, § 8; 1982, ch. 360, § 40, effective July 15, 1982; 1986, ch. 287, § 9, effective July 15, 1986; 1986, ch. 470, § 14, effective July 15, 1986; 1988, ch. 341, § 32, effective July 15, 1988; 1990, ch. 48, § 28, effective July 13, 1990; 1994, ch. 394, § 17, effective July 15, 1994; 1994, ch. 405, § 15, effective July 15, 1994; 1996, ch. 270, § 1, effective July 15, 1996; 1998, ch. 243, § 11, effective April 1, 1998; 2007, ch. 133, § 1, effective April 5, 2007.

NOTES TO DECISIONS

1. Constitutionality.

The provision of former similar section for assistance to blind, illiterate or disabled voters did not violate Ky. Const., § 147. Grauman v. Jefferson County Fiscal Court, 294 Ky. 149 , 171 S.W.2d 36, 1943 Ky. LEXIS 402 ( Ky. 1943 ) (decided under prior law).

2. Illiterate, Blind or Disabled Voter.

The illiterate voter who requests assistance must make and sign an oath in order to obtain help in voting by machine. Mills v. Broughton, 365 S.W.2d 315, 1962 Ky. LEXIS 291 ( Ky. 1962 ) (decided under prior law).

A person who has merely left his spectacles at home cannot vote as a blind voter. Smith v. Jones, 221 Ky. 546 , 299 S.W. 170, 1927 Ky. LEXIS 762 ( Ky. 1927 ) (decided under prior law).

3. — Oath.

The requirement of former section that an illiterate, blind or disabled voter be sworn was mandatory. Cole v. Nunnelley, 140 Ky. 138 , 130 S.W. 972, 1910 Ky. LEXIS 185 ( Ky. 1910 ). See Browning v. Lovett, 29 Ky. L. Rptr. 692 (1906); Muncy v. Duff, 194 Ky. 303 , 239 S.W. 49, 1922 Ky. LEXIS 163 ( Ky. 1922 ) (decided under prior law).

The clerk may mark the ballot only when the voter takes an oath that he is physically disabled. Allen v. Griffith, 160 Ky. 528 , 169 S.W. 1003, 1914 Ky. LEXIS 497 ( Ky. 1914 ) (decided under prior law).

A ballot which the voter stencils openly on the table should be rejected although the voter has taken the illiterate oath. Marilla v. Ratterman, 209 Ky. 409 , 273 S.W. 69, 1925 Ky. LEXIS 513 ( Ky. 1925 ) (decided under prior law).

If an election officer or other person stencils the ballot of a voter, it should be rejected, unless the voter is physically disabled and has taken an oath to that effect. Marilla v. Ratterman, 209 Ky. 409 , 273 S.W. 69, 1925 Ky. LEXIS 513 ( Ky. 1925 ) (decided under prior law).

If a person is so devoid of sight that he cannot see a pencil mark made on the ballot by the clerk, he is blind within the meaning of former section that provided the procedure for voting by a blind voter, but he must take the oath before receiving assistance in voting. Smith v. Jones, 221 Ky. 546 , 299 S.W. 170, 1927 Ky. LEXIS 762 ( Ky. 1927 ) (decided under prior law).

4. — — Failure to Take.

If the clerk marked a ballot for a voter without the voter having taken the oath of disability, the ballot would not be counted, even though the voter’s disability was apparent or was known to the election officers. Major v. Barker, 99 Ky. 305 , 35 S.W. 543, 18 Ky. L. Rptr. 104 , 1896 Ky. LEXIS 73 ( Ky. 1896 ). See Preston v. Price, 85 S.W. 1183, 27 Ky. L. Rptr. 588 (1905); Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ); Cole v. Nunnelley, 140 Ky. 138 , 130 S.W. 972, 1910 Ky. LEXIS 185 ( Ky. 1910 ); Black v. Spillman, 185 Ky. 201 , 215 S.W. 28, 1919 Ky. LEXIS 269 ( Ky. 1919 ) (decided under prior law).

Votes cast openly on the table, without the voter taking the oath of disability, will not be counted if it is shown for whom they were cast. Major v. Barker, 99 Ky. 305 , 35 S.W. 543, 18 Ky. L. Rptr. 104 , 1896 Ky. LEXIS 73 ( Ky. 1896 ). See Neely v. Rice, 123 Ky. 806 , 97 S.W. 737, 29 Ky. L. Rptr. 1142 , 30 Ky. L. Rptr. 164 , 1906 Ky. LEXIS 218 (Ky. Ct. App. 1906); Allen v. Griffith, 160 Ky. 528 , 169 S.W. 1003, 1914 Ky. LEXIS 497 ( Ky. 1914 ); Kean v. Whittle, 210 Ky. 273 , 275 S.W. 818, 1925 Ky. LEXIS 658 ( Ky. 1925 ); Nunnelly v. Doty, 210 Ky. 642 , 276 S.W. 152, 1925 Ky. LEXIS 744 ( Ky. 1925 ); Stice v. Parsley, 217 Ky. 653 , 290 S.W. 471, 1926 Ky. LEXIS 109 ( Ky. 1926 ) (decided under prior law).

An election officer who willfully marked ballots for voters without their having taken the oath of disability, with the intent to hinder the objects of the election law, or in such a way as to be reasonably calculated to hinder the objects of the election law, was guilty of violating former law that provided penalty for violations of duty for which there was no other penalty. Commonwealth v. Kaufman, 126 Ky. 624 , 104 S.W. 740, 31 Ky. L. Rptr. 1064 , 1907 Ky. LEXIS 91 ( Ky. 1907 ) (decided under prior law).

Ballots marked by clerk with dots to indicate voter’s choice, without voter taking oath of illiteracy, were illegal and in such case, an examination of the ballots to determine which ones had dots upon them was the best method of identifying the illegal ballots. Hill v. Mottley, 142 Ky. 385 , 134 S.W. 469, 1911 Ky. LEXIS 206 (Ky.), modified, Hill v. Motley, 143 Ky. 158 , 136 S.W. 134, 1911 Ky. LEXIS 345 ( Ky. 1911 ) (decided under prior law).

Voting openly on the table, without taking the oath of disability, was illegal in primary elections as well as regular elections. Black v. Spillman, 185 Ky. 201 , 215 S.W. 28, 1919 Ky. LEXIS 269 ( Ky. 1919 ) (decided under prior law).

If an election officer or other person marked the ballot of a voter with a pen or pencil, or pointed out on the ballot where to stencil it, without the voter having been sworn, the ballot should have been rejected, although the voter went into the booth and stenciled the ballot himself. Marilla v. Ratterman, 209 Ky. 409 , 273 S.W. 69, 1925 Ky. LEXIS 513 ( Ky. 1925 ) (decided under prior law).

Where from 50 to 75 percent of ballots in a number of precincts were marked by the election officers to indicate where the voter should place the stencil, or were voted openly on the table, or were not folded before being deposited in the box, or were stenciled when an election officer was in the booth with the voter, without any voter being sworn, the entire vote in such precincts was thrown out. Marilla v. Ratterman, 209 Ky. 409 , 273 S.W. 69, 1925 Ky. LEXIS 513 ( Ky. 1925 ) (decided under prior law).

Unless the voter took the oath that he was physically disabled, the election clerk had no right to mark his ballot for him, and a ballot so marked would not be counted. Kean v. Whittle, 210 Ky. 273 , 275 S.W. 818, 1925 Ky. LEXIS 658 ( Ky. 1925 ). See Marilla v. Ratterman, 209 Ky. 409 , 273 S.W. 69, 1925 Ky. LEXIS 513 ( Ky. 1925 ) (decided under prior law).

A failure to make the prescribed oath invalidated the vote which was later cast. Mills v. Broughton, 365 S.W.2d 315, 1962 Ky. LEXIS 291 ( Ky. 1962 ) (decided under prior law).

5. — — Form and Sufficiency.

When a voter had been sworn as to physical disability, the judges had discretion to determine whether the voter’s sworn statements sufficiently established his disability, and if they permitted him to vote the vote would be counted although the judges made an error of judgment; the voter should have been sworn to answer truthfully such questions as might have been asked him, and the judges should then have interrogated him as to his disability. Preston v. Price, 85 S.W. 1183, 27 Ky. L. Rptr. 588 (1905) (decided under prior law).

6. — Casting “write-in” Vote.

The clerk may write in the name of a person whose name is not printed on the ballot, if the voter indicates his desire to vote for such person and has taken the oath prescribed by former section that provided the procedure for voting by an illiterate, blind or disabled voter. Hall v. Sumner, 194 Ky. 1 , 238 S.W. 197, 1922 Ky. LEXIS 114 ( Ky. 1 922) (decided under prior law).

7. — Illegal Votes.

The entire vote of a precinct would not be thrown out because votes were cast in violation of former section that provided the procedure for voting by an illiterate, blind or disabled voter where it could be shown, by testimony of the voters or of the election officers, for whom the votes were cast and the candidate attacking such votes must show for whom they were cast. Duff v. Crawford, 124 Ky. 73 , 97 S.W. 1124, 30 Ky. L. Rptr. 323 , 1906 Ky. LEXIS 232 ( Ky. 1906 ); Browning v. Lovett, 29 Ky. L. Rptr. 692 (1906) (decided under prior law).

A voter who voted in violation of former section that provided the procedure for voting by an illiterate, blind or disabled voter may testify as to how he voted, and unless he claimed immunity he may be compelled to testify how he voted. Black v. Spillman, 185 Ky. 201 , 215 S.W. 28, 1919 Ky. LEXIS 269 ( Ky. 1919 ). But see Duff v. Crawford, 124 Ky. 73 , 97 S.W. 1124, 30 Ky. L. Rptr. 323 , 1906 Ky. LEXIS 232 ( Ky. 1906 ) (decided under prior law).

Where it was not shown for whom votes cast by illiterate persons with illegal assistance of election officers were cast, the entire vote of the precinct would not be thrown out unless the number of such illegal votes would have changed the result of the election. Muncy v. Duff, 194 Ky. 303 , 239 S.W. 49, 1922 Ky. LEXIS 163 ( Ky. 1922 ) (decided under prior law).

Where many voters, some of whom were under no apparent disability and none of whom signed an affidavit of disability, were accompanied in the voting booth by an election officer, such open voting violated this section and the votes so cast were illegal. Sims v. Atwell, 556 S.W.2d 929, 1977 Ky. App. LEXIS 826 (Ky. Ct. App. 1977).

8. Stubs.

Mistake by clerk in entering name of voter on stub would not invalidate vote. Penny v. McRoberts, 163 Ky. 313 , 173 S.W. 786, 1915 Ky. LEXIS 223 ( Ky. 1915 ) (decided under prior law).

Use of post office stencil to stamp voters’ addresses on stubs was irregular, but would not invalidate ballots even though stencil left marks on margin of ballots. Campbell v. Little, 251 Ky. 812 , 66 S.W.2d 67, 1933 Ky. LEXIS 968 ( Ky. 1933 ) (decided under prior law).

9. Miscellaneous.

In a federal prosecution of a deputy clerk for participation in a vote buying conspiracy, the jury was incorrectly told that Kentucky law prohibited the clerk from supervising in-person absentee voting; because a challenger is not an election officer, a challenger’s presence did not result in equal representation of political parties, and the clerk’s supervision was proper. The error was not prejudicial because the jury was correctly instructed that the clerk could not lawfully assist voters. United States v. Risner, 737 Fed. Appx. 751, 2018 FED App. 0304N, 2018 U.S. App. LEXIS 16252 (6th Cir. Ky. 2018 ).

Opinions of Attorney General.

No one, including an election officer, is authorized to assist a voter by entering the voting booth unless such voter is physically disabled and executes an oath to that effect, and any election officer violating this section is subject to prosecution under the penalty section of KRS 117.995 . OAG 76-91 .

This section clearly authorizes the disabled voter to select a person of his own choice other than the two election judges to assist him in voting and precinct challengers would qualify for selection by the disabled voter to assist him in voting if he so chooses. OAG 77-205 .

If a disabled voter is refused the assistance provided for in this section, he must either refer the matter to the county board of elections that is in session on election day or take the matter directly to Circuit Court. OAG 77-269 .

If a disabled voter chooses one of the election officers to assist him, that officer must execute the oath as any other individual that the voter might select. OAG 77-386 .

The word “disabled” as used in the third sentence of subsection (2) prior to amendment included illiterate voters. OAG 77-386 .

A disabled voter who wishes to cast a “write-in” vote could be assisted by one of the judges who, in the presence of the other, could write in the candidate’s name designated by the voter. OAG 77-404 .

Subsection (2) of this section permits a voter to be assisted in voting if he signs an oath that by reason of inability to read English or by reason of blindness or other physical disability he is unable to vote without assistance and, if the disabled voter prefers, he can be assisted by a person of his own choice. OAG 79-291 .

An individual who is unable to read English qualifies for assistance in casting his vote in a voting machine, despite the fact that he may be to a degree literate and able to understand certain words but is unable to read and understand the names of various candidates and the instruction in the voting machine, since this fact would not disqualify him from receiving assistance in voting as provided in this section; however, it is basically not the duty of the election officials to determine the extent of that person’s disability, if he is willing to swear or affirm that he possesses such disability. OAG 81-180 .

Both the disabled voter and the person assisting him may execute the oath by affirmation rather than by swearing. OAG 82-632 .

The County Clerk’s reliance on KRS 61.878(1)(a) as the basis for denying access to the voter assistance forms identified in the request was, with the exception of the protection it extends to social security numbers appearing on those forms, misplaced. The County Clerk should copy the voter assistance forms to which the requester requested access and permit him to inspect those copies after redacting the social security numbers appearing thereon. OAG 03-ORD-34.

117.255. Instruction of voters — Administrative regulations — Assistance and certification of voters requiring assistance — Manner of voting — Report of violations. [Effective July 15, 2020]

  1. The voter shall be instructed by the officers of election, with the aid of the instruction cards and the model, in the use of the machine, if the voter so requests.
  2. Except for those voters who have been certified as requiring assistance on a permanent basis, no voter shall be permitted to receive any assistance in voting at the polls unless the voter makes and signs an oath that, because of blindness, other physical disability, or an inability to read English, the voter is unable to vote without assistance. The oath shall be upon a voter assistance form prescribed and furnished by the State Board of Elections pursuant to administrative regulations promulgated under KRS Chapter 13A. Any person assisting a voter shall complete the voter assistance form.
  3. Upon making and filing the oath with the precinct clerk, the voter requiring assistance shall retire to the voting machine or ballot completion area with the precinct judges, and one (1) of the judges shall, in the presence of the other judge and the voter, operate the machine or complete the ballot as the voter directs. A voter requiring assistance in voting may, if the voter prefers, be assisted by a person of the voter’s own choice who is not an election officer, except that the voter’s employer, an agent of the voter’s employer, or an officer or agent of the voter’s union shall not assist a voter.
  4. The precinct election clerk shall swear a person assisting a voter in voting to operate the voting machine or complete the ballot in accordance with the directions of the voter, and the person sworn shall enter the voting booth or ballot completion area and operate the machine or complete the ballot for the voter as the voter directs.
  5. A voter who requires voting assistance on a permanent basis because of blindness or other physical disability may apply to the county board of elections for certification. Application may be made when registering to vote or completing the voter assistance form by indicating that the reason for obtaining assistance is permanent. The county board of elections shall determine whether the applicant requires assistance on a permanent basis. The county board of elections shall notify the county clerk of persons certified as requiring permanent voting assistance and the county clerk shall enter the certification on the voter’s registration record. The State Board of Elections shall indicate on the precinct roster of voters those voters who are certified to receive assistance permanently without signing the voter assistance form at the precinct.
  6. “Voting booth” or “ballot completion area” means an area in which a voter casts his or her vote or completes his or her ballot which is designed to insure the secrecy of the vote. No voter shall be assisted under this subsection unless the judges and the sheriff of election are satisfied of the truth of the facts stated in the oath. The voter shall state in his or her oath the specific reason that requires him or her to receive assistance.
  7. No voter shall be permitted to occupy the voting machine more than two (2) minutes if other voters are waiting to use it, except that those voters who because of a disability need extra time to cast a ballot shall be given a reasonable amount of time to vote.
  8. In primaries, before a voter is permitted to use the voting machine, a judge of the election shall adjust the machine so that the voter will only be able to vote for the persons for whom the voter is qualified to vote.
  9. If the machine is so constructed as to require adjustment after one (1) person has voted before another person may vote, the judges of election shall adjust it after each person has voted.
  10. The election officers shall constantly maintain a watch in order to prevent any person from voting more than once.
  11. For voters voting as federal provisional voters, or if supplemental paper ballots have been approved as provided in KRS 118.215 , the voter shall vote his or her federal provisional or supplemental ballot in privacy in a voting booth provided for that purpose by the county clerk. If the voter spoils his or her ballot, the voter shall return the spoiled paper ballot to an election officer who shall stamp the ballot “Spoiled,” initial and place the spoiled ballot in an envelope provided for that purpose. The voter shall be issued a second federal provisional or supplemental paper ballot. Upon completion of voting, the voter shall remove the numbered stub from the ballot, hand the stub to an election officer and deposit the voted ballot in the appropriate locked ballot box or locked receptacle in the presence of an election officer.
  12. The election sheriff shall be responsible for reporting violations of this section.

HISTORY: Enact. Acts 1974, ch. 130, § 39; 1976 (Ex. Sess.), ch. 1, § 8; 1982, ch. 360, § 40, effective July 15, 1982; 1986, ch. 287, § 9, effective July 15, 1986; 1986, ch. 470, § 14, effective July 15, 1986; 1988, ch. 341, § 32, effective July 15, 1988; 1990, ch. 48, § 28, effective July 13, 1990; 1994, ch. 394, § 17, effective July 15, 1994; 1994, ch. 405, § 15, effective July 15, 1994; 1996, ch. 270, § 1, effective July 15, 1996; 1998, ch. 243, § 11, effective April 1, 1998; 2007, ch. 133, § 1, effective April 5, 2007; 2020 ch. 89, § 18, effective July 15, 2020.

117.265. Write-in votes — Requirements — Persons ineligible to be write-in candidate — Certified lists of qualified candidates. [Effective until July 15, 2020]

  1. A voter may, at any regular or special election, cast a write-in vote for any person qualified as provided in subsection (2) or (3) of this section, whose name does not appear upon the ballot label for any office, by writing the name of his or her choice upon the appropriate device for the office being voted on provided on the voting machine as required by KRS 117.125 . Any candidate for city, county, urban-county, consolidated local government, charter county government, or unified local government office who is defeated in a partisan or nonpartisan primary shall be ineligible as a candidate for the same office in the regular election. Any voter utilizing an absentee ballot for a regular or special election may write in a vote for any eligible person whose name does not appear upon the ballot, by writing the name of his or her choice under the office.
  2. Write-in votes shall be counted only for candidates for election to office who have filed a declaration of intent to be a write-in candidate with the Secretary of State or county clerk, depending on the office being sought, on or before the fourth Friday in October preceding the date of the regular election and not later than the second Friday before the date of a special election. In the case of a special election administered under KRS 118.730 , a declaration of intent to be a write-in candidate shall be filed at least twenty-eight (28) days before the day of the election. The declaration of intent shall be filed no earlier than the first Wednesday after the first Monday in November of the year preceding the year the office will appear on the ballot, and no later than 4 p.m. local time at the place of filing when filed on the last date on which papers may be filed. The declaration of intent shall be on a form prescribed by the Secretary of State.
  3. A person shall not be eligible as a write-in candidate:
    1. For more than one (1) office in a regular or special election; or
    2. If his or her name appears upon the ballot label for any office, except that the candidate may file a notice of withdrawal prior to filing an intent to be a write-in candidate for office when a vacancy in a different office occurs because of:
      1. Death;
      2. Disqualification to hold the office sought;
      3. Severe disabling condition which arose after the nomination; or
      4. The nomination of an unopposed candidate.
  4. Persons who wish to run for President and Vice-President shall file a declaration of intent to be a write-in candidate, along with a list of presidential electors pledged to those candidates, with the Secretary of State on or before the fourth Friday in October preceding the date of the regular election for those offices. The declaration of intent shall be filed no earlier than the first Wednesday after the first Monday in November of the year preceding the year the office will appear on the ballot, and no later than 4 p.m. local time at the place of filing when filed on the last date on which papers may be filed. Write-in votes cast for the candidates whose names appear on the ballot shall apply to the slate of pledged presidential electors, whose names shall not appear on the ballot.
  5. The county clerk shall provide to the precinct election officers certified lists of those persons who have filed declarations of intent as provided in subsections (2) and (3) of this section. Only write-in votes cast for qualified candidates shall be counted.
  6. Two (2) election officers of opposing parties shall upon the request of any voter instruct the voter on how to cast a write-in vote.

HISTORY: Enact. Acts 1974, ch. 130, § 40; 1976, ch. 247, § 6; 1982, ch. 394, § 16, effective July 15, 1982; 1986, ch. 287, § 10, effective July 15, 1986; 1990, ch. 48, § 29, effective July 13, 1990; 1990, ch. 366, § 2, effective July 13, 1990; 1992, ch. 288, § 57, effective July 14, 1992; 1992, ch. 454, § 1, effective July 14, 1992; 1998, ch. 243, § 12, effective April 1, 1998; 2002, ch. 34, § 1, effective July 15, 2002; 2005, ch. 71, § 4, effective June 20, 2005; 2008, ch. 79, § 4, effective July 15, 2008; 2010, ch. 176, § 7, effective July 15, 2010; 2012, ch. 8, § 1, effective March 28, 2012; 2015 ch. 70, § 1, effective June 24, 2015.

Legislative Research Commission Note.

(3/28/2012). 2012 Ky. Acts ch. 8, sec. 5, provides that the amendments to this statute in 2012 Ky. Acts ch. 8 shall be cited as “The Dewayne Bunch Act.”

(7/14/92) This section was amended by 1992 Acts chs. 288 and 454 which are in conflict. Pursuant to KRS 446.250 , Acts ch. 288 which was last enacted by the General Assembly prevails.

NOTES TO DECISIONS

1. Who Must Write In.

A person whose name is not printed on the ballot can be voted for only by the voter himself writing in the name. Edwards v. Loy, 113 Ky. 746 , 68 S.W. 1091, 24 Ky. L. Rptr. 545 , 1902 Ky. LEXIS 102 ( Ky. 1902 ) (decided under prior law).

An election officer may not write the name of a person on the ballot for the purpose of enabling a voter to cast a write-in vote, unless the voter takes an oath that he is unable to write. Lewis v. Petrey, 216 Ky. 842 , 288 S.W. 755, 1926 Ky. LEXIS 1022 ( Ky. 1 926). See Hall v. Sumner, 194 Ky. 1 , 238 S.W. 197, 1922 Ky. LEXIS 114 ( Ky. 1922 ) (decided under prior law).

2. Error on Ballot.

Where the name of a candidate nominated by petition has wrongfully been printed on the ballot under the title and device of a political party required to nominate by primary, votes cast for such candidate cannot be treated as “write-in” votes, and will not be counted, whether marked opposite the candidate’s name or under the party emblem at the head of the ticket. King v. McMahon, 179 Ky. 536 , 200 S.W. 956, 1918 Ky. LEXIS 255 ( Ky. 1918 ), overruled, Bogie v. Hill, 286 Ky. 732 , 151 S.W.2d 765, 1941 Ky. LEXIS 323 ( Ky. 1941 ), overruled in part, Bogie v. Hill, 286 Ky. 732 , 151 S.W.2d 765, 1941 Ky. LEXIS 323 ( Ky. 1941 ), overruled on other grounds, Bogie v. Hill, 286 Ky. 732, 151 S.W.2d 765, 1941 Ky. LEXIS 323 (Ky. 1941) (decided under prior law).

Where, through mistake of printer, ballots for election of school board members in one educational division erroneously carried names of candidates from another division, instead of candidates from that division, neither election officers nor voters had right to strike out printed names and substitute written names of proper candidates, and all such ballots were void. Lakes v. Estridge, 294 Ky. 655 , 172 S.W.2d 454, 1943 Ky. LEXIS 509 ( Ky. 1943 ) (decided under prior law).

Where candidate ran an active and publicized write-in campaign and the county board of elections, prior to the election, approved by motion that the initials of the candidate would be counted as a vote, and 13% of the voters casting ballots utilized such an “initialed vote,” the Court would not disenfranchise the voters who acted in good faith, and the “initialed” votes were counted. McIntosh v. Helton, 828 S.W.2d 364, 1992 Ky. LEXIS 57 ( Ky. 1992 ) (decided under prior law).

3. Illegal Votes.

Where one political party had no candidate for sheriff, and election clerks, without authority, wrote name of person in blank line provided for write-in votes, ballots marked for such person would not be counted. Edwards v. Loy, 113 Ky. 746 , 68 S.W. 1091, 24 Ky. L. Rptr. 545 , 1902 Ky. LEXIS 102 ( Ky. 1902 ) (decided under prior law).

Where clerk of election wrote name of person in blank space provided for write-in votes, in Democractic column, no votes cast for such person would be counted, but votes for other persons properly on the ballot would be counted. Graham v. Graham, 68 S.W. 1093, 24 Ky. L. Rptr. 548 , 1902 Ky. LEXIS 425 (Ky. Ct. App. 1902) (decided under prior law).

Where a candidate’s name is printed on the ballot, a write-in vote cannot be cast for such candidate. If a voter writes in the name of such candidate the ballot will not be counted. Kash v. Hurst, 189 Ky. 233 , 224 S.W. 757, 1920 Ky. LEXIS 408 ( Ky. 1920 ) (decided under prior law).

4. Rights of Write-In Candidate.

A person for whom write-in votes have been cast is entitled to contest the election of another candidate. Huff v. Black, 259 Ky. 550 , 82 S.W.2d 473, 1935 Ky. LEXIS 326 ( Ky. 1935 ) (decided under prior law).

A candidate voted for by write-in votes is not ineligible to hold office merely because his name was not printed on the general election ballot; this is true even when the person voted for was defeated at the preceding primary election. Asher v. Arnett, 280 Ky. 347 , 132 S.W.2d 772, 1939 Ky. LEXIS 87 ( Ky. 1939 ) (decided under prior law).

5. Clear Expression of Intent.

The voters’ clear expression of intent in writing only a write-in candidate’s first name on the ballot was adequate under KRS 117.265 and votes cast using only the write-in candidate’s first name should have been counted for him. Waters v. Skinner, 237 S.W.3d 551, 2007 Ky. App. LEXIS 456 (Ky. Ct. App. 2007).

Opinions of Attorney General.

Where a school board member’s resignation is not tendered in writing to and accepted by the board prior to 55 days before the general election, there is no vacancy and the office need not be placed on the ballot until the following election; however, had such a vacancy existed, the office would have to be placed on the ballot for the purpose of write-in votes, even if no candidates had filed petitions. OAG 75-635 .

KRS 117.145 and this section were inserted to clarify “write-in” procedures for elections generally and would not apply to elections under KRS 89.440 (repealed). OAG 79-567 .

A voter may write in a candidate of his own selection for judge at the general election pursuant to this section, despite the fact that that candidate has not been nominated as required by subsection (1) of KRS 118A.060 , since KRS 118A.060 does not declare that a person must be nominated for a judicial office in order to be elected to that office. OAG 81-245 .

It would be improper for a write-in candidate to use a rubber stamp, paster, stencil or other type of marker to have voters write his name in, since it would violate this section to use any device other than the pencil or pen required to be attached to the voting machine by subsection (3) of KRS 117.145 . OAG 81-289 .

117.265. Write-in votes — Requirements — Persons ineligible to be write-in candidate — Certified lists of qualified candidates. [Effective July 15, 2020]

  1. A voter may, at any regular or special election, cast a write-in vote for any person qualified as provided in subsection (2) or (3) of this section, whose name does not appear upon the ballot label for any office, by writing the name of his or her choice upon the appropriate device for the office being voted on provided on the voting machine as required by KRS 117.125 . Any candidate for city, county, urban-county, consolidated local government, charter county government, or unified local government office who is defeated in a partisan or nonpartisan primary shall be ineligible as a candidate for the same office in the regular election. Any voter utilizing a federal provisional ballot, a federal provisional in-person absentee ballot, or a mail-in absentee ballot for a regular or special election may write in a vote for any eligible person whose name does not appear upon the ballot, by writing the name of his or her choice under the office.
  2. Write-in votes shall be counted only for candidates for election to office who have filed a declaration of intent to be a write-in candidate with the Secretary of State or county clerk, depending on the office being sought, on or before the fourth Friday in October preceding the date of the regular election and not later than the second Friday before the date of a special election. In the case of a special election administered under KRS 118.730 , a declaration of intent to be a write-in candidate shall be filed at least twenty-eight (28) days before the day of the election. The declaration of intent shall be filed no earlier than the first Wednesday after the first Monday in November of the year preceding the year the office will appear on the ballot, and no later than 4 p.m. local time at the place of filing when filed on the last date on which papers may be filed. The declaration of intent shall be on a form prescribed and furnished by the Secretary of State.
  3. A person shall not be eligible as a write-in candidate:
    1. For more than one (1) office in a regular or special election; or
    2. If his or her name appears upon the ballot label for any office, except that the candidate may file a notice of withdrawal prior to filing an intent to be a write- in candidate for office when a vacancy in a different office occurs because of:
      1. Death;
      2. Disqualification to hold the office sought;
      3. Severe disabling condition which arose after the nomination; or
      4. The nomination of an unopposed candidate.
  4. Persons who wish to run for President and Vice-President shall file a declaration of intent to be a write-in candidate, along with a list of presidential electors pledged to those candidates, with the Secretary of State on or before the fourth Friday in October preceding the date of the regular election for those offices. The declaration of intent shall be filed no earlier than the first Wednesday after the first Monday in November of the year preceding the year the office will appear on the ballot, and no later than 4 p.m. local time at the place of filing when filed on the last date on which papers may be filed. Write-in votes cast for the candidates whose names appear on the ballot shall apply to the slate of pledged presidential electors, whose names shall not appear on the ballot.
  5. The county clerk shall provide to the precinct election officers certified lists of those persons who have filed declarations of intent as provided in subsections (2) and (3) of this section. Only write-in votes cast for qualified candidates shall be counted.
  6. Two (2) election officers of opposing parties shall upon the request of any voter instruct the voter on how to cast a write-in vote.

HISTORY: Enact. Acts 1974, ch. 130, § 40; 1976, ch. 247, § 6; 1982, ch. 394, § 16, effective July 15, 1982; 1986, ch. 287, § 10, effective July 15, 1986; 1990, ch. 48, § 29, effective July 13, 1990; 1990, ch. 366, § 2, effective July 13, 1990; 1992, ch. 288, § 57, effective July 14, 1992; 1992, ch. 454, § 1, effective July 14, 1992; 1998, ch. 243, § 12, effective April 1, 1998; 2002, ch. 34, § 1, effective July 15, 2002; 2005, ch. 71, § 4, effective June 20, 2005; 2008, ch. 79, § 4, effective July 15, 2008; 2010, ch. 176, § 7, effective July 15, 2010; 2012, ch. 8, § 1, effective March 28, 2012; 2020 ch. 89, § 19, effective July 15, 2020.

117.275. Counting and certification of votes — Return of keys and machines — Return of ballot box, ballot stubs, spoiled, and unvoted ballots — Authorized representatives and news media representatives to witness vote count. [Effective until July 15, 2020]

  1. At the count of the votes in any precinct, any candidate or slate of candidates and any representatives to witness and check the count of the votes therein, who are authorized to be appointed as is provided in subsection (9) of this section, shall be admitted and be permitted to be present and witness the count.
  2. As soon as the polls are closed, and the last voter has voted, the judges shall immediately lock and seal the voting equipment so that the voting and counting mechanism will be prevented from operation, and they shall sign a certificate stating:
    1. That the voting equipment has been locked against voting and sealed;
    2. The number of voters, as shown on the public counters;
    3. The number registered on the protective or accumulative counter or device, if any; and
    4. The number or other designation of the voting equipment, which certificate shall be returned by the judges of election to the officials authorized by law to receive it. The judges shall compare the number of voters, as shown by the counter of the voting equipment, with the number of those who have voted as shown by the protective or accumulative counter or device, if any.
  3. Where voting equipment is used which does not print the candidates’ names along with the total votes received on a general return sheet or record for that equipment, the procedure to be followed shall be as follows:
    1. The judges, in the presence of the representatives mentioned in subsection (1) of this section, if any, and of all other persons who may be lawfully within the polling place, shall give full view of all the counter numbers;
    2. The judges shall enter, in ink, the total votes cast for each candidate, and slate of candidates, and for and against each question on the return sheets; and
    3. Each precinct election officer shall sign the return sheets, and a copy of the return sheets shall be posted on the precinct door.
  4. Where voting equipment is used that prints the candidates’ names along with the total votes received on a return sheet or record for that equipment, the precinct election officers shall sign the return sheets or record for the voting equipment, which shall be posted on the door of the precinct.
  5. If any officer shall decline to sign the return sheets, he or she shall state the reason in writing, and a copy thereof, signed by the officer, shall be enclosed with the return sheets.
  6. Each of the return sheets, if applicable, and the record of the voting equipment shall be enclosed in an envelope. One (1) copy of the return sheets, if applicable, one (1) copy of the record of the voting equipment, and the write-in roll, if any write-in votes were cast in the precinct, shall be directed to the county board of elections of the county in which the election is being held. One (1) copy of the return sheets or record of the voting equipment shall be given to the county clerk of the county in which the election is being held and to each of the local governing bodies of the two (2) dominant political parties, but a local governing body of a dominant political party may decline a copy of the precinct election return by filing a written declination with the county board of elections prior to the election, and upon this declination, a printed copy shall not be issued to the political party so declining. The declination on file shall be effective for that election and any subsequent elections until revoked by the local governing body of a dominant political party by filing a written revocation with the county board of elections. The envelope shall have endorsed thereon a certificate of the election officers, stating the number of the machine, the precinct where it has been used, the number on the seal, and the number on the protective or accumulative counter or device at the close of the polls.
  7. Following the tabulation of all votes cast in the election, including absentee votes and write-in votes, the county board shall mail a copy of the precinct-by-precinct summary of the tabulation sheets showing the results from each precinct to the State Board of Elections and the county clerk shall mail or deliver the precinct signature rosters from each precinct to the State Board of Elections during the period established by KRS 117.355(3).
  8. As soon as possible after the completion of the count, the two (2) judges shall return to the county board of elections the keys to the voting machine received and receipted for by them, and the county clerk in which the precinct is located shall have the voting machine properly boxed or securely covered and removed to a proper and secure place of storage.
  9. In primaries, each candidate, slate of candidates, or group of candidates may designate to the county board of elections a representative to witness and check the vote count. In regular elections, the governing authority of each political party, each candidate for member of board of education, nonpartisan candidate, independent candidate, or independent ticket may designate a representative to the county board of elections to witness and check the vote count. The county board of elections shall authorize representatives of the news media to witness the vote count.
  10. If supplemental paper ballots have been approved, as provided in KRS 118.215 , after the polls are closed, the two (2) judges shall return to the county clerk’s office the locked ballot box, all ballot stubs, spoiled ballots, and unvoted ballots at the same time as the tabulation of votes from the voting machine is delivered. The county clerk shall issue a receipt for the number of ballot stubs, unvoted ballots, spoiled ballots and the ballot box.
  11. The county board of elections, or its designee, shall count and tally the paper ballots manually or with the use of tabulating equipment which does not involve an additional voting system. The results of the vote tally shall be certified by the county board of elections to the county clerk and to the Secretary of State.
  12. The county board of elections shall authorize the candidates, slates of candidates, or their representatives, and representatives of the news media to be present during the counting of the paper ballots.
  13. Except as otherwise required in this chapter that certain records and papers relating to specified elections be retained for twenty-two (22) months, the county clerk shall retain the voted paper ballots for twenty-two (22) months and the unvoted paper ballots for sixty (60) days after each election day, after which time they shall be destroyed in a manner to render them unreadable by the county board of elections if no contest or recount action has been filed.

History. Enact. Acts 1974, ch. 130, § 41; 1976, ch. 130, § 1; 1976 (Ex. Sess.), ch. 1, § 9; 1978, ch. 384, § 249, effective June 17, 1978; 1980, ch. 14, § 1, effective July 15, 1980; 1986, ch. 470, § 15, effective July 15, 1986; 1990, ch. 48, § 30, effective July 13, 1990; 1992, ch. 288, § 36, effective July 14, 1992; 2000, ch. 122, § 1, effective July 14, 2000; 2008, ch. 79, § 5, effective July 15, 2008; 2008, ch. 129, § 4, effective July 15, 2008; 2010, ch. 176, § 8, effective July 15, 2010.

Legislative Research Commission Notes.

(7/15/2020). This statute was amended by 2020 Ky. Acts chs. 88 and 89, which do not appear to be in conflict and have been codified together.

(7/15/2008). A reference to “subsection (7)” in subsection (1) of this statute has been changed in codification to “subsection (6).” 2008 Ky. Acts ch. 129, sec. 4, deleted a subsection from this statute, resulting in the renumbering of subsequent subsections, but did not make the necessary change to the internal reference in subsection (1). This oversight has been corrected by the Reviser of Statutes under the authority of KRS 7.136(1).

(7/15/2008). This section was amended by 2008 Ky. Acts chs. 79 and 129, which are in conflict. Under KRS 446.250 , Acts ch. 129, which was last enacted by the General Assembly, prevails.

NOTES TO DECISIONS

1. “Governing authority.”

The “governing authority” of the party was the county executive committee, not the state central committee. Taylor v. Chandler, 261 Ky. 7 , 86 S.W.2d 1038, 1935 Ky. LEXIS 585 ( Ky. 1935 ) (decided under prior law).

2. Duty of Clerk.

It was the duty of the county clerk to retain custody of the boxes and ballots, although he was a candidate for re-election and was contesting the election of an opponent; but it was permissible, by consent of the interested parties, for the clerk in such case to have placed the boxes in the custody of a bank or in some other safe depository, which the clerk must have, however, selected with the greatest care. Thomas v. Marshall, 160 Ky. 168 , 169 S.W. 615, 1914 Ky. LEXIS 420 ( Ky. 1914 ) (decided under prior law).

It was the duty of the county clerk to see that the ballot boxes and envelopes were properly protected at all times except when they were actually being counted by the election commissioners and he must deliver the boxes to the election commissioners and see that they are properly locked and returned to his office when the commissioners have completed the count; the election commissioners may not employ guards to perform such duties of the clerk. Ewing v. Hays, 257 Ky. 259 , 77 S.W.2d 946, 1934 Ky. LEXIS 553 ( Ky. 1934 ) (decided under prior law).

The county clerk was the custodian of the ballot boxes and envelopes at all times after they were delivered to him by the election officers, except while the ballots were actually being counted by the election commissioners. Taylor v. Chandler, 261 Ky. 7 , 86 S.W.2d 1038, 1935 Ky. LEXIS 585 ( Ky. 1935 ) (decided under prior law).

3. Duties of Commissioners.

The county board of election commissioners may be compelled by mandamus or by mandatory injunction to convene and perform their duties. Potter v. Campbell, 155 Ky. 784 , 160 S.W. 763, 1913 Ky. LEXIS 360 ( Ky. 1913 ) (decided under prior law).

4. Disqualification of Member of Board.

The fact that the sheriff is a candidate in the election does not disqualify him from acting as a member of the board of election commissioners, except that he shall have no voice in the decision of his own case. Potter v. Campbell, 155 Ky. 784 , 160 S.W. 763, 1913 Ky. LEXIS 360 ( Ky. 1913 ) (decided under prior law).

Where sheriff declined to act as member of board, under mistaken belief that his own candidacy disqualified him, the circuit clerk had no authority to act in his place, and where the Democratic member of the board was absent on account of illness the circuit clerk and the Republican member had no authority to canvass the returns or issue certificates; in such a case the members of the board could be compelled by mandatory injunction to convene and canvass the returns. Potter v. Campbell, 155 Ky. 784 , 160 S.W. 763, 1913 Ky. LEXIS 360 ( Ky. 1913 ) (decided under prior law).

Where county sheriff was a candidate for office of jailer, it was improper for him to serve on board of election commissioners in canvassing returns. Scott v. Roberts, 255 Ky. 34 , 72 S.W.2d 728, 1934 Ky. LEXIS 177 ( Ky. 1934 ) (decided under prior law).

5. Decision of Commissioner.

Where the canvassing board has performed the functions imposed upon it by law, a candidate who is dissatisfied with the results as certified by the board cannot compel the board by mandamus to reconvene and recount the ballots or change its decision as to whether certain ballots shall be counted or rejected; his only remedy is by contest. Houston v. Steele, 28 S.W. 662 ( Ky. 1894 ) (decided under prior law).

The board of election commissioners cannot be compelled by mandamus to reconvene and change their decision on questioned ballots; the only way of attacking the decision of the board on questioned ballots is by contest proceeding. Booe v. Kenner, 105 Ky. 517 , 49 S.W. 330, 20 Ky. L. Rptr. 1343 , 1899 Ky. LEXIS 240 ( Ky. 1899 ) (decided under prior law).

6. — Recount.

Where board of election commissioners refused or failed to canvass returns from certain precincts, the board could be compelled by mandamus to reconvene and canvass the returns of such precincts. Riddell v. Grinstead, 156 Ky. 319 , 160 S.W. 1069, 1913 Ky. LEXIS 433 ( Ky. 1913 ). See Louisville v. Board of Park Comm'rs, 112 Ky. 409 , 65 S.W. 860, 24 Ky. L. Rptr. 38 , 1901 Ky. LEXIS 323 ( Ky. 1901 ) (decided under prior law).

Where the election commissioners have erroneously counted the votes, they cannot be compelled by mandamus to reconvene and correct their returns; the only remedy is by a contest or recount proceeding. Wolff v. Clark, 212 Ky. 435 , 279 S.W. 658, 1925 Ky. LEXIS 1128 ( Ky. 1925 ) (decided under prior law).

7. Disappearance of Stub Books.

Where election commissioners had completed canvass of returns, a subsequent theft of the stub books for certain precincts would not require the vote in those precincts to be thrown out in a contest proceeding, notwithstanding that ballots had not been preserved in such a manner as to enable court to make a recount. Ferguson v. Gregory, 216 Ky. 382 , 287 S.W. 952, 1926 Ky. LEXIS 935 ( Ky. 1926 ) (decided under prior law).

Where ballot boxes of two precincts were stolen after count by election commissioners, the county clerk could have testified in a contest proceeding, from the information shown by the stub books in his possession, how many votes were cast in such precincts, without having introduced the stubs in evidence, for the purpose of showing that more than 20 per cent of total vote in particular race was cast in such precincts. Scott v. Roberts, 255 Ky. 34 , 72 S.W.2d 728, 1934 Ky. LEXIS 177 ( Ky. 1934 ) (decided under prior law).

8. Validity of Candidacy.

The board of election commissioners has no jurisdiction to determine whether a candidate’s name has legally been printed on the ballot, and the board cannot be compelled by mandatory injunction to disregard votes for a candidate on the ground that his name was not lawfully on the ballot. Cheatham v. Williams, 212 Ky. 73 , 278 S.W. 139, 1925 Ky. LEXIS 1076 ( Ky. 1925 ) (decided under prior law).

9. Parol Evidence.

The result of an election cannot be established by parol but must be shown by the certificate of returns or by the ballots themselves, where the ballots have been properly preserved; moreover contents of ballots cannot be shown by parol, nor can a lost or destroyed ballot be supplied by parol for the purpose of counting the vote. Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ) (decided under prior law).

Parol evidence was admissible to show condition of boxes and ballots when they were brought before court for recount. Browning v. Lovett, 29 Ky. L. Rptr. 692 (1906) (decided under prior law).

10. Clerical Help.

The election commissioners may employ such clerks as are necessary to make the count, and may fix their compensation within reasonable limits, but the commissioners may not employ clerks or guards to do any of the clerical work or duties with regard to protecting the ballots that are imposed by law on the county clerk. Ewing v. Hays, 257 Ky. 259 , 77 S.W.2d 946, 1934 Ky. LEXIS 553 ( Ky. 1934 ) (decided under prior law).

Employment by election commissioners of “guards,” “sheet writers,” “certificate writers,” “door men,” “sealers,” “representatives,” “certificate keepers,” “receipt takers,” “book carriers,” “box carriers” and “announcers,” and employment of persons for “clerical work,” was unauthorized, and such persons could not be paid from county funds. Ewing v. Hays, 257 Ky. 259 , 77 S.W.2d 946, 1934 Ky. LEXIS 553 ( Ky. 1934 ) (decided under prior law).

11. Inspectors.

A political group was not entitled to inspectors unless it was a distinct political party and had a ticket to elect. Weaver v. Toney, 107 Ky. 419 , 54 S.W. 732, 21 Ky. L. Rptr. 1157 , 1899 Ky. LEXIS 187 ( Ky. 1899 ) (decided under prior law).

A faction of the Democratic Party, not constituting in itself an established political party, was not entitled to inspectors. Weaver v. Toney, 107 Ky. 419 , 54 S.W. 732, 21 Ky. L. Rptr. 1157 , 1899 Ky. LEXIS 187 ( Ky. 1899 ) (decided under prior law).

The Circuit Court had no jurisdiction to issue a mandatory injunction compelling election officials to admit an inspector designated by a political party. Weaver v. Toney, 107 Ky. 419 , 54 S.W. 732, 21 Ky. L. Rptr. 1157 , 1899 Ky. LEXIS 187 ( Ky. 1899 ) (decided under prior law).

12. Witnessing Count.

Former section that provided for designation of representatives to witness the vote count was complied with where shortly before 6:00 p.m. on primary election day election commissioners took absentee ballot box into circuit clerk’s office and proceeded to count the ballots where it was shown that when unsuccessful candidate made inquiry as to where the ballots were being counted he was told, whereupon he went to the room, knocked and was given entrance even though when he entered the ballots had been taken out of the box and the envelopes, the secondary stubs had been detached and strung on a string in order of removal and tabulation of the ballots was partially completed. Jarboe v. Smith, 350 S.W.2d 490, 1961 Ky. LEXIS 108 ( Ky. 1961 ) (decided under prior law).

13. Integrity Preserved.

Opening ballot box to remove pen of election clerk which had accidentally fallen into box did not invalidate vote of precinct. Bailey v. Hurst, 113 Ky. 699 , 68 S.W. 867, 24 Ky. L. Rptr. 504 , 1902 Ky. LEXIS 94 ( Ky. 1902 ) (decided under prior law).

Opening ballot box during election to remove obstruction in vent did not invalidate vote of precinct, in absence of evidence that box thereafter remained unlocked. Graham v. Graham, 68 S.W. 1093, 24 Ky. L. Rptr. 548 , 1902 Ky. LEXIS 425 (Ky. Ct. App. 1902) (decided under prior law).

If it was shown that the ballot boxes had properly reached the hands of the county clerk and had remained in his custody, and that the boxes were apparently in the condition of preservation prescribed by former statute, there was a presumption, in a recount proceeding, that the integrity of the ballots had been maintained, but if there was evidence that the boxes had been tampered with, or that there had been an opportunity for tampering, the party seeking the recount had the burden of proving that there had actually been no tampering and that the ballots were the identical ones cast in the election. Edwards v. Logan, 114 Ky. 312 , 70 S.W. 852, 75 S.W. 257, 24 Ky. L. Rptr. 1099 , 25 Ky. L. Rptr. 435 , 1902 Ky. LEXIS 164 ( Ky. 1902 ) (decided under prior law).

Fact that there were chisel marks on ballot box would not have prevented a recount, where box had been properly protected, the ballots appeared to be regular, and there was nothing to indicate that box had actually been opened. Morgan v. Sparkman, 143 Ky. 27 , 135 S.W. 408, 1911 Ky. LEXIS 323 ( Ky. 1911 ) (decided under prior law).

Where it was shown that ballot boxes were delivered to county clerk by proper officers, were kept in a locked room by the clerk, and in addition were soldered shut under the clerk’s direction, and there was no evidence of tampering or opportunity to tamper, the integrity of the ballots was sufficiently shown to justify including them in a recount. Potter v. Campbell, 159 Ky. 328 , 167 S.W. 404, 1914 Ky. LEXIS 810 ( Ky. 1914 ) (decided under prior law).

The party seeking a recount was not required to prove that it was not possible for the ballots to have been tampered with, but only that they had been so preserved that it was not reasonably probable that their integrity had been violated. Covington v. Joiner, 200 Ky. 378 , 254 S.W. 1048, 1923 Ky. LEXIS 90 ( Ky. 1923 ) (decided under prior law).

Where election officers at primary held on Saturday were in doubt as to their duties concerning the ballot box, key and envelope, and therefore permitted one of their number to take the box, key and envelope to his home over the weekend, and such officer with an officer of the opposite party made delivery to the county clerk on Monday morning, such delay would not prevent the counting of the ballots where there was satisfactory proof that the integrity of the ballots had been preserved and the ballots tallied with the stubs. Raymer v. Willis, 240 Ky. 634 , 42 S.W.2d 918, 1931 Ky. LEXIS 469 ( Ky. 1931 ) (decided under prior law).

Where evidence was that ballot boxes on being received by county clerk were placed in a securely-locked room, and properly guarded, the integrity of the ballots was sufficiently preserved to permit a recount by the court, although several of the boxes were not securely locked and contained papers, stencils and other material usable for tampering with the ballots, and although some of the individual boxes bore evidence of having been tampered with. In such case the court would consider the integrity of each box individually. Land v. Land, 244 Ky. 126 , 50 S.W.2d 518, 1931 Ky. LEXIS 720 ( Ky. 1931 ) (decided under prior law).

Where there was no evidence of molestation or alteration of the ballots, the entire vote of a county would not be invalidated for failure to guard boxes as required by former statute, where no candidate nor representative of either political party requested that the boxes be guarded. Ward v. Salyer, 283 Ky. 294 , 140 S.W.2d 1016, 1940 Ky. LEXIS 305 ( Ky. 1940 ) (decided under prior law).

14. Integrity Not Preserved.

Where the ballot boxes had exposed hinges which could be removed with a screwdriver, and the county clerk in whose custody the boxes were placed was himself a party to a contest involving his re-election, a candidate seeking a recount of the ballots in regard to the office of county attorney had the burden of proving that the boxes had not been tampered with. Edwards v. Logan, 114 Ky. 312 , 70 S.W. 852, 75 S.W. 257, 24 Ky. L. Rptr. 1099 , 25 Ky. L. Rptr. 435 , 1902 Ky. LEXIS 164 ( Ky. 1902 ) (decided under prior law).

Where locks on boxes were of a type that could be opened by a number of standard padlock keys, the boxes were stored in the outer office of the clerk, to which access during the day or night was easy, and the clerk was proved to have made a substantial wager on the result of the election, the integrity of the ballots was so doubtful that they would not be counted. Hamilton v. Young, 81 S.W. 682, 26 Ky. L. Rptr. 447 (1904) (decided under prior law).

If a ballot box appeared to have been opened since its delivery to the clerk by the election officers, or if the ballots showed evidence of having been tampered with, the court would not have recounted the ballots but would have accepted the certificate of returns as evidence of the correct count. Browning v. Lovett, 29 Ky. L. Rptr. 692 (1906) (decided under prior law).

If the ballots had been changed, or so exposed as to afford opportunity to be tampered with, or had been left in the custody of a person so personally interested in the result of the election as to be subject to the temptation or inducement to tamper with them, they could not have been accepted as evidence of the vote in a contest proceeding. Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ) (decided under prior law).

Where ballot box was taken from election officers at close of polls by group of armed men and delivered to county clerk sometime later by that group, the ballots would not have been counted. Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ) (decided under prior law).

If the canvassing officers count a ballot that should not be counted, the fact that the validity of the ballot was not questioned before them will not prevent its being questioned in a contest proceeding. Stegeman v. Cook, 126 Ky. 114 , 102 S.W. 872, 31 Ky. L. Rptr. 564 , 1907 Ky. LEXIS 23 ( Ky. 1907 ) (decided under prior law).

Where there was evidence that ballot room had been entered on one occasion and one box stolen, and that several persons had entered the room on another occasion, a recount of the ballots would not be granted in the absence of convincing proof that there had been no actual tampering with the remaining boxes. Powell v. Horn, 159 Ky. 532 , 167 S.W. 928, 1914 Ky. LEXIS 862 ( Ky. 1914 ) (decided under prior law).

The fact that the count on a recount varied widely from the count as shown by the certificate of returns created a suspicion of tampering which the party seeking the recount must have overcome by convincing proof that there was no tampering. Thomas v. Marshall, 160 Ky. 168 , 169 S.W. 615, 1914 Ky. LEXIS 420 ( Ky. 1914 ) (decided under prior law).

Where ballot boxes were left on floor of county clerk’s office, to which several persons had keys and which had unlocked windows close to the ground, there were keys to the boxes available in the office, lights were seen in the office late at night, and there was evidence that the ballots had actually been tampered with, the integrity of the ballots was in such doubt that a recount would not be granted. Thomas v. Marshall, 160 Ky. 168 , 169 S.W. 615, 1914 Ky. LEXIS 420 ( Ky. 1914 ) (decided under prior law).

Where ballot boxes were stacked in outer office of county clerk, where people having regular business in office came and went, and persons were permitted to work in office alone at night, person seeking recount of ballots could not obtain recount without establishing by convincing proof that there had actually been no tampering. Thompson v. Stone, 164 Ky. 18 , 174 S.W. 763, 1915 Ky. LEXIS 327 ( Ky. 1915 ) (decided under prior law).

Where boxes were stacked against wall in clerk’s office, there were keys which would open boxes in the office, the doors and windows of the office were not securely fastened, and there was evidence that two of the boxes had been moved, a recount was properly denied. Hicks v. Kimbro, 210 Ky. 265 , 275 S.W. 814, 1925 Ky. LEXIS 657 ( Ky. 1925 ) (decided under prior law).

Where ballot boxes and envelopes, following canvass by election commissioners, were stored in basement room of courthouse which had an open window, boxes were locked only with ten-cent padlocks which could easily be opened, a number of official election seals were in the hands of outside persons, and the envelopes containing the stubs for certain precincts were stolen from the storeroom, there was such doubt as to whether the integrity of the ballots had been maintained that the court would not grant a recount. Ferguson v. Gregory, 216 Ky. 382 , 287 S.W. 952, 1926 Ky. LEXIS 935 ( Ky. 1926 ) (decided under prior law).

Where the integrity of the ballots has not been preserved, so a recount cannot be made, the number of votes shown on the certificate of returns must be accepted as correct. Land v. Land, 244 Ky. 126 , 50 S.W.2d 518, 1931 Ky. LEXIS 720 ( Ky. 1931 ) (decided under prior law).

Where staple holding one of locks had been sawed in two on ballot boxes of two precincts, and ballots in one race in one of such boxes had been altered, and one of the locks on box of another precinct was not fastened through the staple and the ballots in one race in such box had been altered, the ballots in such boxes would not be counted in any race, and where such precincts cast more than 20 percent of votes in any race the entire election in that race would be declared void. Scott v. Roberts, 255 Ky. 34 , 72 S.W.2d 728, 1934 Ky. LEXIS 177 ( Ky. 1934 ) (decided under prior law).

Where it was apparent that certain ballot boxes had been tampered with, it was proper for the election commissioners to disregard the ballots in those boxes. Scott v. Roberts, 255 Ky. 34 , 72 S.W.2d 728, 1934 Ky. LEXIS 177 ( Ky. 1934 ) (decided under prior law).

15. Public Questions.

In an election on a public question, the only power of the board of election commissioners is to certify how many votes were cast for and against the proposition; the board has no power to declare whether or not the question has been carried by the required majority. Denton v. Pulaski County, 170 Ky. 33 , 185 S.W. 481, 1916 Ky. LEXIS 9 ( Ky. 1916 ). See Smith v. Livingston County, 195 Ky. 382 , 242 S.W. 612, 1922 Ky. LEXIS 337 ( Ky. 1922 ) (decided under prior law).

16. Certification of Results.
17. — Sufficiency.

The certification by the State Board of Election commissioners to the canvass of the returns need not be in any specific form. Lay v. Rose, 177 Ky. 303 , 197 S.W. 921, 1917 Ky. LEXIS 603 ( Ky. 1917 ) (decided under prior law).

Certificate reciting that majority of board was present on designated day, and that it appeared that designated candidates received highest number of votes, was sufficient. Lay v. Rose, 177 Ky. 303 , 197 S.W. 921, 1917 Ky. LEXIS 603 ( Ky. 1917 ) (decided under prior law).

18. — Filing.

Filing of certificate of returns with county clerk by board of election commissioners did not constitute compliance with requirement that certificate of nomination be filed. Lewis v. Mosely, 215 Ky. 573 , 286 S.W. 793, 1926 Ky. LEXIS 766 ( Ky. 1926 ) (decided under prior law).

19. — Mistake in Entry.

An alleged mistake in entering the number of votes cast for a candidate on the certificate of returns for a precinct cannot be established by parol proof, but only by a recount of the ballots in a proper judicial proceeding, upon a proper showing that the integrity of the ballots has been preserved. Land v. Land, 244 Ky. 126 , 50 S.W.2d 518, 1931 Ky. LEXIS 720 ( Ky. 1931 ) (decided under prior law).

20. — Date.

Certificates of election are not required to be dated, and when they are dated it can be shown by parol evidence that the date is erroneous. Hodges v. Murray, 240 Ky. 127 , 41 S.W.2d 923, 1931 Ky. LEXIS 355 ( Ky. 1931 ), overruled, Johnson v. May, 305 Ky. 292 , 203 S.W.2d 37, 1947 Ky. LEXIS 785 ( Ky. 1947 ), overruled in part, Johnson v. May, 305 Ky. 292 , 203 S.W.2d 37, 1947 Ky. LEXIS 785 ( Ky. 1947 ), overruled on other grounds, Johnson v. May, 305 Ky. 292, 203 S.W.2d 37, 1947 Ky. LEXIS 785 (Ky. 1947) (decided under prior law).

21. — Parol Testimony.

Certificate of returns cannot be contradicted by parol testimony of election officials. Browning v. Lovett, 29 Ky. L. Rptr. 692 (1906) (decided under prior law).

The result of an election cannot be established by parol. It must be shown by the certificate of returns or by the ballots themselves, where the ballots have been properly preserved. Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ) (decided under prior law).

22. Improper Marking.

Ballots marked with corner of stencil would be counted, and also those marked with butt of stencil, or with blurred mark apparently made by twisting stencil around. Houston v. Steele, 98 Ky. 596 , 34 S.W. 6, 17 Ky. L. Rptr. 1149 , 1896 Ky. LEXIS 19 ( Ky. 1896 ). See Pettit v. Yewell, 113 Ky. 777 , 68 S.W. 1075, 24 Ky. L. Rptr. 565 , 1902 Ky. LEXIS 97 ( Ky. 1902 ); Graham v. Graham, 68 S.W. 1093, 24 Ky. L. Rptr. 548 , 1902 Ky. LEXIS 425 (Ky. Ct. App. 1902); Bates v. Crumbaugh, 114 Ky. 447 , 71 S.W. 75, 24 Ky. L. Rptr. 1205 , 1902 Ky. LEXIS 172 ( Ky. 1902 ); Snowden v. Flanery, 159 Ky. 568 , 167 S.W. 893, 1914 Ky. LEXIS 847 ( Ky. 1914 ); Smith v. Jones, 221 Ky. 546 , 299 S.W. 170, 1927 Ky. LEXIS 762 ( Ky. 1927 ) (decided under prior law).

Ink blots and marks appearing to have been accidentally made will not invalidate ballot. Houston v. Steele, 98 Ky. 596 , 34 S.W. 6, 17 Ky. L. Rptr. 1149 , 1896 Ky. LEXIS 19 ( Ky. 1896 ) (decided under prior law).

Ballots marked with red or black pencil cross, instead of with the stencil, will be counted if otherwise regular. Houston v. Steele, 98 Ky. 596 , 34 S.W. 6, 17 Ky. L. Rptr. 1149 , 1896 Ky. LEXIS 19 ( Ky. 1896 ). See Graham v. Graham, 68 S.W. 1093, 24 Ky. L. Rptr. 548 , 1902 Ky. LEXIS 425 (Ky. Ct. App. 1902); Snowden v. Flanery, 159 Ky. 568 , 167 S.W. 893, 1914 Ky. LEXIS 847 ( Ky. 1914 ); Wright v. Crase, 273 Ky. 76 , 115 S.W.2d 318, 1938 Ky. LEXIS 577 ( Ky. 1938 ) (decided under prior law).

Ballot marked in circle at head of Democratic column, and also in square opposite name of first candidate in Republican column, would be counted for Republican candidate so marked and for balance of Democratic ticket. Houston v. Steele, 98 Ky. 596 , 34 S.W. 6, 17 Ky. L. Rptr. 1149 , 1896 Ky. LEXIS 19 ( Ky. 1896 ) (decided under prior law).

Ballots would be counted although stencil marks were not exactly within the circle or square. Pettit v. Yewell, 113 Ky. 777 , 68 S.W. 1075, 24 Ky. L. Rptr. 565 , 1902 Ky. LEXIS 97 ( Ky. 1902 ) (decided under prior law).

Ballot marked with pencil cross in circle under Democratic emblem, and also with stencil in squares opposite names of certain candidates in Republican column, would be counted for Republican candidates whose names were marked and for Democratic candidates for other offices. Edwards v. Logan, 114 Ky. 312 , 70 S.W. 852, 75 S.W. 257, 24 Ky. L. Rptr. 1099 , 25 Ky. L. Rptr. 435 , 1902 Ky. LEXIS 164 ( Ky. 1902 ) (decided under prior law).

Where voter placed stencil in circle under emblem of both parties, and also placed stencil in square opposite name of Republican candidate for county attorney, ballot would be counted for county attorney but not for any other office on either ticket. Edwards v. Logan, 114 Ky. 312 , 70 S.W. 852, 75 S.W. 257, 24 Ky. L. Rptr. 1099 , 25 Ky. L. Rptr. 435 , 1902 Ky. LEXIS 164 ( Ky. 1902 ) (decided under prior law).

Where two parties have candidates for same offices, ballot marked in circle at head of both tickets will not be counted. Bates v. Crumbaugh, 114 Ky. 447 , 71 S.W. 75, 24 Ky. L. Rptr. 1205 , 1902 Ky. LEXIS 172 ( Ky. 1902 ) (decided under prior law).

A cross mark made in the blank under a candidate’s name, rather than in the square opposite the name, will be counted, even where it constitutes a scratch vote. Bates v. Crumbaugh, 114 Ky. 447 , 71 S.W. 75, 24 Ky. L. Rptr. 1205 , 1902 Ky. LEXIS 172 ( Ky. 1902 ) (decided under prior law).

Where marks by which ballots were scratched for several Democratic candidates were apparently made with a thumb stencil during the count, and on some ballots there was evidence of erasures, the scratches would be ignored and the ballots counted as straight Republican ballots. Bates v. Crumbaugh, 114 Ky. 447 , 71 S.W. 75, 24 Ky. L. Rptr. 1205 , 1902 Ky. LEXIS 172 ( Ky. 1902 ) (decided under prior law).

Where there is only one candidate listed in the Independent column, a ballot marked in the circle at the head of that column and in the circle at the head of a party column will be counted for the Independent candidate and for the candidates for other offices in the party column. Bates v. Crumbaugh, 114 Ky. 447 , 71 S.W. 75, 24 Ky. L. Rptr. 1205 , 1902 Ky. LEXIS 172 ( Ky. 1902 ). See Little v. Hall, 114 Ky. 231 , 70 S.W. 642, 24 Ky. L. Rptr. 1060 , 1902 Ky. LEXIS 152 ( Ky. 1902 ); Herndon v. Farmer, 114 Ky. 200 , 70 S.W. 632, 24 Ky. L. Rptr. 1045 , 1902 Ky. LEXIS 149 (Ky. 1902) (decided under prior law).

Where there were seven town trustees to be elected, and one voter marked eight names on his ballot, the ballot would not be counted for any candidate. Stegeman v. Cook, 126 Ky. 114 , 102 S.W. 872, 31 Ky. L. Rptr. 564 , 1907 Ky. LEXIS 23 ( Ky. 1907 ) (decided under prior law).

Where six offices were to be voted for, and there were candidates for all six offices under the emblem of one party, and for only two of the offices under the emblem of another party, a ballot marked in the circle under the emblem of both parties would not be counted for any candidate. Baker v. Dinsmore, 138 Ky. 277 , 127 S.W. 997, 1910 Ky. LEXIS 70 ( Ky. 1910 ) (decided under prior law).

Where ballot was marked for two candidates for same office, but was otherwise properly marked, it would be counted for all offices except the one for which two candidates were marked. Weller v. Muenninghoff, 155 Ky. 77 , 159 S.W. 632, 1913 Ky. LEXIS 191 ( Ky. 1913 ) (decided under prior law).

Ballots will be counted although the stencil mark is above or below rather than in the square opposite the candidate’s name. Snowden v. Flanery, 159 Ky. 568 , 167 S.W. 893, 1914 Ky. LEXIS 847 ( Ky. 1914 ) (decided under prior law).

Ballot marked for two candidates for same office will be counted for neither. Snowden v. Flanery, 159 Ky. 568 , 167 S.W. 893, 1914 Ky. LEXIS 847 ( Ky. 1914 ) (decided under prior law).

Where ballot was marked in circle under Democratic emblem, also in square at end of blank line provided in Progressive column for writing in candidates for sheriff, also in square opposite name of Republican candidate for sheriff, it was counted for Republican candidate for sheriff. Snowden v. Flanery, 159 Ky. 568 , 167 S.W. 893, 1914 Ky. LEXIS 847 ( Ky. 1914 ) (decided under prior law).

Where voter was entitled to vote for two (2) candidates for city council, and the ballot was marked for three (3) candidates, the fact that one of the marks was blurred was not sufficient evidence that such mark was unintentional, and ballot would not be counted. Covington v. Joiner, 200 Ky. 378 , 254 S.W. 1048, 1923 Ky. LEXIS 90 ( Ky. 1923 ) (decided under prior law).

Where there was a clear stencil mark in the square for one candidate, and a blurred mark in the square for an opposing candidate, the ballot would not be counted for either. Covington v. Joiner, 200 Ky. 378 , 254 S.W. 1048, 1923 Ky. LEXIS 90 ( Ky. 1923 ) (decided under prior law).

Where there were two (2) stencil marks on ballot, one extending partly into square opposite name of one candidate, and the other extending partly into the square opposite the name of an opposing candidate, the ballot would not be counted for either. Covington v. Joiner, 200 Ky. 378 , 254 S.W. 1048, 1923 Ky. LEXIS 90 ( Ky. 1923 ) (decided under prior law).

Ballot marked in middle of blank space between two squares would not be counted. Smith v. Jones, 221 Ky. 546 , 299 S.W. 170, 1927 Ky. LEXIS 762 ( Ky. 1927 ) (decided under prior law).

Where an erasure is apparently made to correct an error and the intention of the voter is manifest, the vote should be counted. Brandenburg v. Hurst, 289 Ky. 155 , 158 S.W.2d 420, 1942 Ky. LEXIS 528 ( Ky. 1942 ) (decided under prior law).

Markings on ballots consisting of pen and ink crosses placed outside and to the right of the square in which the voter’s choice of candidates was indicated by a stencil rendered the ballots invalid and in the absence of evidence as to the purpose of the markings, it could not be assumed that they were made by the clerk to assist illiterate voters. Patton v. McWhorter, 292 Ky. 443 , 166 S.W.2d 997, 1942 Ky. LEXIS 120 ( Ky. 1942 ) (decided under prior law).

23. Intention of Voter.

Vote marked with pencil cross opposite word “Sheriff” above name of candidate for sheriff in Republican column was counted for him. Snowden v. Flanery, 159 Ky. 568 , 167 S.W. 893, 1914 Ky. LEXIS 847 ( Ky. 1914 ) (decided under prior law).

Where names of two candidates for office were printed on primary ballot one below the other, and below the bottom name there was a blank line with a square at the end, ballots marked with stencil in square at end of blank line were counted for candidate whose name was immediately above the blank line. Thompson v. Boling, 240 Ky. 340 , 42 S.W.2d 321, 1931 Ky. LEXIS 389 ( Ky. 1931 ) (decided under prior law).

If it appears that the voter has made an honest effort to indicate his choice, and it is reasonably probable that he intended to vote for a certain candidate, the ballot will be counted although the voter has not strictly complied with the statute. Thompson v. Boling, 240 Ky. 340 , 42 S.W.2d 321, 1931 Ky. LEXIS 389 ( Ky. 1931 ) (decided under prior law).

Where it is reasonably apparent that a mark in front of a candidate’s name was made by the voter to indicate his choice, the ballot will be counted; but where it appears that the mark was made inadvertently, as by the ink smearing when the ballot was folded, the ballot will not be counted. Wurts v. Newsome, 253 Ky. 38 , 68 S.W.2d 448, 1934 Ky. LEXIS 595 ( Ky. 1934 ) (decided under prior law).

The intentions of the voter must be considered in determining how a doubtful ballot shall be counted. Deckert v. Hesch, 296 Ky. 176 , 176 S.W.2d 397, 1943 Ky. LEXIS 135 ( Ky. 1943 ) (decided under prior law).

Where proper method of indicating the vote is to place stencil mark in square prepared therefor, the fact it was not so placed would not invalidate ballot, if voter’s intention could be discerned from mark placed elsewhere. Deckert v. Hesch, 296 Ky. 176 , 176 S.W.2d 397, 1943 Ky. LEXIS 135 ( Ky. 1943 ) (decided under prior law).

Where X-marks appeared in squares on ballot for both candidates for mayor, but mark in one square was smudged in an attempt to erase the mark, ballot was properly counted as showing voter’s intent to vote for such candidate after eradicating other mark. Deckert v. Hesch, 296 Ky. 176 , 176 S.W.2d 397, 1943 Ky. LEXIS 135 ( Ky. 1943 ) (decided under prior law).

Where the intention of the voters casting the ballots under consideration was not impossible to determine, but was clearly manifest, the duplicate markings under both party emblems may be ignored and the votes must be counted. Steel v. Meek, 312 Ky. 87 , 226 S.W.2d 542, 1950 Ky. LEXIS 596 ( Ky. 1950 ) (decided under prior law).

24. Torn Ballots.

Torn ballots will be counted if it can be determined how they were voted. Snowden v. Flanery, 159 Ky. 568 , 167 S.W. 893, 1914 Ky. LEXIS 847 ( Ky. 1914 ). See Bates v. Crumbaugh, 114 Ky. 447 , 71 S.W. 75, 24 Ky. L. Rptr. 1205 , 1902 Ky. LEXIS 172 ( Ky. 1902 ) (decided under prior law).

25. Voting Straight Ticket.

Where Republican Party did not have candidate for top office on ballot, and therefore the ballot contained a blank line with a square at the end in the Republican column, a ballot marked only with a cross mark in such square would not be counted as a straight ticket vote. Baker v. Dinsmore, 138 Ky. 277 , 127 S.W. 997, 1910 Ky. LEXIS 70 ( Ky. 1910 ). See Brandenburg v. Hurst, 289 Ky. 155 , 158 S.W.2d 420, 1942 Ky. LEXIS 528 ( Ky. 1942 ) (decided under prior law).

Where ballot contained names of candidates for county offices and city offices, but there were no candidates for city offices under emblem of Democratic Party, and no candidates for county offices under emblem of Citizens’ Party, a ballot marked in the circle under the emblem of both parties would be counted for all offices. Baker v. Dinsmore, 138 Ky. 277 , 127 S.W. 997, 1910 Ky. LEXIS 70 ( Ky. 1910 ) (decided under prior law).

Ballot which had stencil mark in circle under Democratic emblem, and also a stencil mark at top of ballot above and between Republican and Progressive emblems, was counted for Democrats. Snowden v. Flanery, 159 Ky. 568 , 167 S.W. 893, 1914 Ky. LEXIS 847 ( Ky. 1914 ) (decided under prior law).

Where one voter wrote in name of candidate for sheriff in Progressive column, but did not put stencil mark in square opposite the name, and another voter placed a stencil mark in the square at the end of the blank line provided in the Progressive column for writing in candidate for sheriff, but wrote in no name, and both voters also placed a stencil mark in the circle at the head of the Democratic column, the votes were counted for all Democratic candidates, including sheriff. Snowden v. Flanery, 159 Ky. 568 , 167 S.W. 893, 1914 Ky. LEXIS 847 ( Ky. 1914 ) (decided under prior law).

26. Requirements for Recount.

A recount of the ballots would not have been made unless the party seeking the recount introduced proof that the ballots came from the officer whose duty it was to have and preserve them, that they had been protected as provided by law since the election, and that they were apparently in the condition of preservation prescribed by former statute. Baker v. Dinsmore, 138 Ky. 277 , 127 S.W. 997, 1910 Ky. LEXIS 70 ( Ky. 1910 ) (decided under prior law).

The party who sought a recount of the ballots must have tendered, in connection with his motion for a recount, evidence that the boxes had been carefully and properly preserved and not tampered with since their return by the election officers. The evidence might have been either in the form of depositions or by oral testimony. Powell v. Horn, 159 Ky. 532 , 167 S.W. 928, 1914 Ky. LEXIS 862 ( Ky. 1914 ) (decided under prior law).

Before a recount would have been granted, the one seeking the recount must have proved clearly and satisfactorily that the ballot box had been kept as the statute requires, that the ballots had not been tampered with since the election, and that the ballots offered to have been recounted are the identical ones cast. Rich v. Young, 176 Ky. 813 , 197 S.W. 442, 1917 Ky. LEXIS 123 ( Ky. 1917 ) (decided under prior law).

The presumption that the county clerk had done his duty in preserving the ballot boxes was not sufficient to justify a recount. The party seeking the recount must have offered evidence to establish that the boxes have been properly preserved, that there had been no opportunity for tampering, and that the boxes were in the same condition as when received by the clerk. Rich v. Young, 176 Ky. 813 , 197 S.W. 442, 1917 Ky. LEXIS 123 ( Ky. 1917 ) (decided under prior law).

27. Grand Jury Examination.

During the time the ballot boxes were required to be kept locked in the custody of the county clerk the grand jury had no right to inspect the ballots. Bryan v. Yungblut, 136 Ky. 810 , 125 S.W. 251, 1910 Ky. LEXIS 546 ( Ky. 1910 ) (decided under prior law).

After the period fixed by former law for the preservation of the ballots and election papers had expired, the county clerk might have been compelled to submit the ballots and papers to the grand jury for examination. Miller v. Price, 260 Ky. 488 , 86 S.W.2d 152, 1935 Ky. LEXIS 499 ( Ky. 1935 ) (decided under prior law).

28. Circuit Court Jurisdiction.

Although Circuit Court would have jurisdiction to compel election commissioners to reconvene and canvass certain returns omitted by commissioners in making original canvass, court could not examine ballots itself and direct the commissioners how to count them. Anderson v. Likens, 104 Ky. 699 , 47 S.W. 867, 20 Ky. L. Rptr. 1001 , 1898 Ky. LEXIS 214 ( Ky. 1898 ) (decided under prior law).

Opinions of Attorney General.

The county board of elections shall authorize such representatives of the news media as it deems advisable to observe the vote counting in each precinct; this implies an affirmative duty on each county board of elections to authorize, by appropriate action duly noted in the board’s minutes, those representatives of the media who have been authorized to observe the vote counting in the various precincts. OAG 88-76 .

If a challenger has been designated to the county board, he or she must be permitted to check the vote count in accordance with subsection (1) of this section. OAG 91-190 .

117.275. Counting and certification of votes — Return of keys and machines — Return of ballot boxes federal provisional ballot receptacle, supplemental paper ballot box, ballot stubs, spoiled, and unvoted ballots — Authorized representatives and news media representatives to witness vote count — Tabulation and certification of valid federal provisional ballots and distribution of precinct-by-precinct summary of results — Retention schedule for documents. [Effective July 15, 2020]

  1. At the count of the votes in any precinct, any candidate or slate of candidates and any representatives to witness and check the count of the votes therein, who are authorized to be appointed as is provided in subsection (9) of this section, shall be admitted and be permitted to be present and witness the count.
  2. As soon as the polls are closed, and the last voter has voted, the judges shall immediately lock and seal the voting equipment so that the voting and counting mechanism will be prevented from operation, and they shall sign a certificate stating:
    1. That the voting equipment has been locked against voting and sealed;
    2. The number of voters, as shown on the public counters;
    3. The number registered on the protective or accumulative counter or device, if any; and
    4. The number or other designation of the voting equipment, which certificate shall be returned by the judges of election to the officials authorized by law to receive it. The judges shall compare the number of voters, as shown by the counter of the voting equipment, with the number of those who have voted as shown by the protective or accumulative counter or device, if any.
  3. Where voting equipment is used which does not print the candidates’ names along with the total votes received on a general return sheet or record for that equipment, the procedure to be followed shall be as follows:
    1. The judges, in the presence of the representatives mentioned in subsection (1) of this section, if any, and of all other persons who may be lawfully within the polling place, shall give full view of all the counter numbers;
    2. The judges shall enter, in ink, the total votes cast for each candidate, and slate of candidates, and for and against each question on the return sheets; and
    3. Each precinct election officer shall sign the return sheets, and a copy of the return sheets shall be posted on the precinct door.
  4. Where voting equipment is used that prints the candidates’ names along with the total votes received on a return sheet or record for that equipment, the precinct election officers shall sign the return sheets or record for the voting equipment, which shall be posted on the door of the precinct.
  5. If any officer shall decline to sign the return sheets, he or she shall state the reason in writing, and a copy thereof, signed by the officer, shall be enclosed with the return sheets.
  6. Each of the return sheets, if applicable, and the record of the voting equipment shall be enclosed in an envelope. One (1) copy of the return sheets, if applicable, one (1) copy of the record of the voting equipment, and the write-in roll, if any write-in votes were cast in the precinct, shall be directed to the county board of elections of the county in which the election is being held. One (1) copy of the return sheets or record of the voting equipment shall be given to the county clerk of the county in which the election is being held and to each of the local governing bodies of the two (2) dominant political parties, but a local governing body of a dominant political party may decline a copy of the precinct election return by filing a written declination with the county board of elections prior to the election, and upon this declination, a printed copy shall not be issued to the political party so declining. The declination on file shall be effective for that election and any subsequent elections until revoked by the local governing body of a dominant political party by filing a written revocation with the county board of elections. The envelope shall have endorsed thereon a certificate of the election officers, stating the number of the machine, the precinct where it has been used, the number on the seal, and the number on the protective or accumulative counter or device at the close of the polls.
  7. Following the tabulation of all votes cast in the election, including absentee votes and write-in votes, the county board shall mail a copy of the precinct-by-precinct summary of the tabulation sheets showing the results from each precinct to the State Board of Elections and the county clerk shall mail or deliver the precinct signature rosters from each precinct to the State Board of Elections during the period established by KRS 117.355(3).
  8. As soon as possible after the completion of the count, the two (2) judges shall return to the county board of elections the keys to the voting machine received and receipted for by them, and the county clerk in which the precinct is located shall have the voting machine properly boxed or securely covered and removed to a proper and secure place of storage.
  9. In primaries, each candidate or group of candidates may designate to the county board of elections a representative to witness and check the vote count. In regular elections, the governing authority of each political party, each candidate for member of board of education, nonpartisan candidate, independent candidate, or independent ticket may designate a representative to the county board of elections to witness and check the vote count. The county board of elections shall authorize representatives of the news media to witness the vote count.
  10. For all federal provisional ballots, if applicable, and supplemental paper ballots if approved as provided in KRS 118.215 , after the polls are closed, the two (2) judges shall return to the county clerk’s office the locked federal provisional ballot receptacle and the supplemental paper ballot box, all ballot stubs, spoiled ballots, and unvoted ballots at the same time as the tabulation of votes from the voting machine is delivered. The county clerk shall issue a receipt for the number of ballot stubs, unvoted ballots, spoiled ballots, and the ballot boxes or ballot receptacle.
  11. The county board of elections, or its designee, shall count and tally the supplemental paper ballots manually or with the use of tabulating equipment which does not involve an additional voting system. The results of the vote tally shall be certified by the county board of elections to the county clerk and to the Secretary of State.
  12. The county board of elections shall tabulate the valid federal provisional ballots. The results of the vote tally shall be certified by the county board of elections to the county clerk and to the Secretary of State. The county board shall mail a copy of the precinct-by-precinct summary of the valid federal provisional ballot tabulation sheets showing the results from each precinct to the State Board of Elections.
  13. The county board of elections shall authorize the candidates, slates of candidates, or their representatives, and representatives of the news media to be present during the counting of the supplemental and federal provisional paper ballots.
  14. Except as otherwise required in this chapter that certain records and papers relating to specified elections be retained for twenty-two (22) months, the county clerk shall retain the voted federal provisional ballots, voter affirmations, election official affirmations, and the supplemental paper ballots for twenty-two (22) months and the unvoted federal provisional ballots, the voter affirmations, election official affirmations, and the supplemental paper ballots for sixty (60) days after each election day, after which time they shall be destroyed in a manner to render them unreadable by the county board of elections if no contest or recount action has been filed.

HISTORY: Enact. Acts 1974, ch. 130, § 41; 1976, ch. 130, § 1; 1976 (Ex. Sess.), ch. 1, § 9; 1978, ch. 384, § 249, effective June 17, 1978; 1980, ch. 14, § 1, effective July 15, 1980; 1986, ch. 470, § 15, effective July 15, 1986; 1990, ch. 48, § 30, effective July 13, 1990; 1992, ch. 288, § 36, effective July 14, 1992; 2000, ch. 122, § 1, effective July 14, 2000; 2008, ch. 79, § 5, effective July 15, 2008; 2008, ch. 129, § 4, effective July 15, 2008; 2010, ch. 176, § 8, effective July 15, 2010; 2020 ch. 89, § 20, effective July 15, 2020; 2020 ch. 88, § 4, effective July 15, 2020.

117.285. Form of return sheets and statement — Delivery. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 42) was repealed by Acts 2010, ch. 176, § 13, effective July 15, 2010.

NOTES TO DECISIONS

1. Delivery.

The requirement of former statute that the ballot box, key and envelope be conveyed to the county clerk “forthwith” was mandatory, and required that the conveyance be made without unnecessary delay, or as quickly as practicable, or with due diligence under the particular circumstances. A failure to comply might have subjected the election officers to criminal liability. However, an unreasonable delay would not have resulted in the ballots of the precinct being thrown out if evidence was produced establishing clearly and convincingly that the ballots had been preserved in the same condition they were in at the close of the polls. Raymer v. Willis, 240 Ky. 634 , 42 S.W.2d 918, 1931 Ky. LEXIS 469 ( Ky. 1931 ) (decided under prior law).

117.295. Period machines to remain locked — Custody of keys.

  1. For a period of ten (10) days following any primary election, and for a period of thirty (30) days following any general or special election, the voting machine shall remain locked against voting and the ballot boxes containing all paper ballots shall remain locked, except that the voting machines and the ballot boxes may be opened and all the data and figures therein examined, upon the order of any court of competent jurisdiction, or judge thereof, or by direction of any legislative committee authorized and empowered to investigate and report upon contested elections, and all the data and figures shall be examined by the court, judge, or committee in the presence of the officer having the custody of the machine and ballot boxes. In the event of a contest of election, the court in which the contest is pending or the committee before which the contest is being heard may, upon motion of any party to the contest, issue an order requiring that the voting machines and ballot boxes shall remain continuously locked for further time as may be reasonable or necessary, with due regard for the preparation of the machines for a succeeding primary, regular, or special election, but in no event shall the order compel that the machines remain locked to a time within thirty (30) days next preceding any approaching primary, regular, or special election.
  2. During the period when the machine and the ballot boxes are required to be kept locked, the keys thereto shall remain in the possession of the county board of elections. After that period, it shall be the duty of the county board of elections to return the keys to the custody of the county clerk.

History. Enact. Acts 1974, ch. 130, § 43; 1992, ch. 288, § 37, effective July 14, 1992; 2008, ch. 129, § 5, effective July 15, 2008; 2010, ch. 176, § 9, effective July 15, 2010.

Legislative Research Commission Note.

(7/15/2008). 2008 Ky. Acts ch. 129 eliminated the runoff primary in elections for Governor and Lieutenant Governor. In section 5 of that Act (this statute), a reference to “runoff primary” that was not deleted by the drafter has been deleted in codification as a manifest clerical or typographical error by the Reviser of Statutes.

NOTES TO DECISIONS

1. Master Keys.

Where machines have three master keys, each member of the board of election commissioners should have custody of one key, the particular key that each is to have being determined by rules adopted by the board. Grauman v. Jefferson County Fiscal Court, 294 Ky. 149 , 171 S.W.2d 36, 1943 Ky. LEXIS 402 ( Ky. 1943 ) (decided under prior law).

2. Grand Jury Examination.

During the time the ballots are to be preserved by the county clerk the grand jury has no right to inspect them. Bryan v. Yungblut, 136 Ky. 810 , 125 S.W. 251, 1910 Ky. LEXIS 546 ( Ky. 1910 ) (decided under prior law).

After the expiration of the period for which the clerk is required to preserve the ballots and election papers, he may be compelled to submit them to the grand jury for examination. Miller v. Price, 260 Ky. 488 , 86 S.W.2d 152, 1935 Ky. LEXIS 499 ( Ky. 1935 ) (decided under prior law).

3. Impounding Machines.

Absent a showing that an effort had been made with the public officials to obtain or protect the evidence which petitioners claimed existed and absent a motion to allow an expert to examine the machines for the purpose of discovering the evidence desired, the trial court did not abuse its discretion by refusing to grant petitioners’ motion to impound the voting machines. Fletcher v. Graham, 479 S.W.2d 883, 1972 Ky. LEXIS 321 ( Ky. 1972 ) (decided under prior law).

117.305. Recanvass of votes — Test of machines — Candidates and representatives of political parties and news media to observe recanvass — Forms for reporting recanvassed vote — Administrative regulations for recanvass procedures. [Effective until July 15, 2020]

  1. The canvass and returns provided for in KRS 117.275 shall constitute the official returns of the precinct, unless before 4 p.m. on the Tuesday following a primary or regular election, or before 4 p.m. on the day following a special election held for the purpose of filling a vacancy, the county clerk or county board of elections takes notice of a discrepancy in the tally of votes cast in any precinct or number of precincts, or a candidate makes a written request to the county board of elections in the case of a candidate who has filed with the county clerk, or the Secretary of State in the case of a candidate who has filed with the Secretary of State, to check and recanvass the voting machines and absentee ballots of any precinct or any number of precincts involving his race. After this time period has elapsed and notice is taken, the county election board shall assemble at 9 a.m. on the Thursday following the filing deadline to request a recanvass, and not sooner, and recheck and recanvass each machine and make a proper return thereof to the county clerk, and the canvass and return shall become the official returns for the election. In making the recanvass, the board shall make a record of the number of the seal upon the voting machine and, without unlocking the machine against voting, recanvass the vote cast thereon. If, after a recanvass, it is found that the original canvass of the returns has been correctly made from the machine, and that there still remains a discrepancy unaccounted for, this discrepancy shall be noted. If, upon recanvass, it appears that the original canvass of the returns by the election officers was incorrect, the returns and all papers being prepared by the board shall be corrected accordingly. The county board of elections shall, immediately upon receipt of a request for a recanvass, notify each candidate for the office of the time and place of the recanvass. At the recanvass, each political party represented on the board may appoint a representative there to be its governing body, and also each candidate to be voted for 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 recanvass of the votes cast on the voting machine in each precinct. Nothing in this section shall prohibit an individual from requesting, in addition to a recanvass, a recount as authorized by KRS Chapter 120.
  2. The State Board of Elections shall prescribe forms to be used by county boards of election to report all recanvassed votes. The form shall include the following information:
    1. The name of the county in which the recanvass was conducted;
    2. The date of the report;
    3. The date of the election;
    4. The office for which the recanvass was conducted;
    5. The names of each candidate for the office being recanvassed; and
    6. The machine votes, absentee votes, and vote totals for each candidate, as well as write-in votes cast in a regular or special election for candidates whose names did not appear on the ballot.

      The report shall be signed by each member of the county board of elections.

  3. The county board of elections shall file its recanvass report as prescribed in administrative regulations promulgated by the State Board of Elections in conformity with KRS Chapter 13A.
  4. The State Board of Elections shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish the proper procedures for conducting a recanvass for each type of voting system approved by the State Board of Elections and in use in Kentucky.

History. Enact. Acts 1974, ch. 130, § 44; 1976, ch. 130, § 2; 1978, ch. 384, § 250, effective June 17, 1978; 1982, ch. 268, § 1, effective July 15, 1982; 1982, ch. 394, § 17, effective July 15, 1982; 1986, ch. 470, § 16, effective July 15, 1986; 1990, ch. 48, § 51, effective July 13, 1990; 1992, ch. 296, § 5, effective July 14, 1992; 1992, ch. 421, § 1, effective July 14, 1992; 2000, ch. 494, § 1, effective July 14, 2000.

NOTES TO DECISIONS

1. Costs.

A candidate who seeks a recheck and recanvass of the returns of voting machines is not required to pay the cost thereof, or to post a bond for the cost as is required of a candidate in an ordinary recount proceeding. The county must pay the cost. Young v. Jefferson County Election Com., 304 Ky. 81 , 200 S.W.2d 111, 1947 Ky. LEXIS 593 ( Ky. 1947 ) (decided under prior law).

Cited:

Kirby v. Wood, 558 S.W.2d 180, 1977 Ky. App. LEXIS 864 (Ky. Ct. App. 1977); Wood v. Kirby, 566 S.W.2d 751, 1978 Ky. LEXIS 364 ( Ky. 1978 ).

Opinions of Attorney General.

In view of KRS 446.030 and the fact that May 31 and June 1, 1975, were a Saturday and Sunday, any request for a recanvass of votes cast in the May 27, 1975, primary election must have been received not later than 6 p.m. June 2, 1975, to comply with the 96-hour deadline. OAG 75-390 .

The special procedure outlined in this section is limited to the recanvass of the votes recorded on the voting machines and any request for a recanvass must be limited to that extent and should not include a recount of absent ballots. OAG 77-386 .

The testing of an electronic voting machine during a recanvass should be accomplished by running the self-diagnostic routine supplied by the manufacturer of the machine. OAG 93-20 .

117.305. Recanvass of votes — Test of machines — Candidates and representatives of political parties and news media to observe recanvass — Forms for reporting recanvassed vote — Administrative regulations for recanvass procedures. [Effective July 15, 2020]

  1. The canvass and returns provided for in KRS 117.275 shall constitute the official returns of the precinct, unless before 4 p.m. on the Tuesday following a primary or regular election, or before 4 p.m. on the day following a special election held for the purpose of filling a vacancy, the county clerk or county board of elections takes notice of a discrepancy in the tally of votes cast in any precinct or number of precincts, or a candidate makes a written request to the county board of elections in the case of a candidate who has filed with the county clerk, or the Secretary of State in the case of a candidate who has filed with the Secretary of State, to check and recanvass the voting machines, valid federal provisional ballots, valid federal provisional absentee ballots, and absentee ballots of any precinct or any number of precincts involving his or her race. After this time period has elapsed and notice is taken, the county board of elections shall assemble at 9 a.m. on the Thursday following the filing deadline to request a recanvass, and not sooner, and recheck and recanvass each machine and make a proper return thereof to the county clerk, and the canvass and return shall become the official returns for the election. In making the recanvass, the board shall make a record of the number of the seal upon the voting machine and, without unlocking the machine against voting, recanvass the vote cast thereon. If, after a recanvass, it is found that the original canvass of the returns has been correctly made from the machine, and that there still remains a discrepancy unaccounted for, this discrepancy shall be noted. If, upon recanvass, it appears that the original canvass of the returns by the election officers was incorrect, the returns and all papers being prepared by the board shall be corrected accordingly. The county board of elections shall, immediately upon receipt of a request for a recanvass, notify each candidate for the office of the time and place of the recanvass. At the recanvass, each political party represented on the board may appoint a representative there to be its governing body, and also each candidate to be voted for 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 recanvass of the votes cast on the voting machine in each precinct. Nothing in this section shall prohibit an individual from requesting, in addition to a recanvass, a recount as authorized by KRS Chapter 120.
  2. The State Board of Elections shall prescribe and furnish forms to be used by county boards of election to report all recanvassed votes. The form shall include the following information:
    1. The name of the county in which the recanvass was conducted;
    2. The date of the report;
    3. The date of the election;
    4. The office for which the recanvass was conducted;
    5. The names of each candidate for the office being recanvassed; and
    6. The machine votes, absentee votes, valid federal provisional votes, valid federal provisional absentee votes, and vote totals for each candidate, as well as write-in votes cast in a regular or special election for candidates whose names did not appear on the ballot. The report shall be signed by each member of the county board of elections.
  3. The county board of elections shall file its recanvass report as prescribed in administrative regulations promulgated by the State Board of Elections in conformity with KRS Chapter 13A.
  4. The State Board of Elections shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish the proper procedures for conducting a recanvass for each type of voting system approved by the State Board of Elections and in use in Kentucky.

HISTORY: Enact. Acts 1974, ch. 130, § 44; 1976, ch. 130, § 2; 1978, ch. 384, § 250, effective June 17, 1978; 1982, ch. 268, § 1, effective July 15, 1982; 1982, ch. 394, § 17, effective July 15, 1982; 1986, ch. 470, § 16, effective July 15, 1986; 1990, ch. 48, § 51, effective July 13, 1990; 1992, ch. 296, § 5, effective July 14, 1992; 1992, ch. 421, § 1, effective July 14, 1992; 2000, ch. 494, § 1, effective July 14, 2000; 2020 ch. 89, § 21, effective July 15, 2020.

Miscellaneous Provisions

117.315. Appointment of challengers and inspectors.

  1. Each political party is entitled to have not exceeding two (2) challengers at each precinct during the holding of the primary election. Any group of bona fide candidates, as defined in KRS 118.176 , of the same political party equal to twenty-five percent (25%) of all the candidates for that party to be voted for in a county in any primary, including state, district, and all other candidates, may recommend to the county committee or governing authority of the party for the county a list of persons whom they desire to have appointed as challengers in each precinct in the county. If more than two (2) such lists are furnished, the committee or governing authority, 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, but in no event shall there be appointed more than one (1) challenger for any precinct from any one (1) list. The list of challengers shall be presented to the chair or secretary of the party committee of the county on or before the third Friday in April preceding the primary, and the committee or the chairman thereof shall make the appointments, certify to same, and present a list of certified challengers to the county clerk at least twenty (20) days before the date on which the primary is held. 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 primary 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 political party shall not be entitled to challenge persons who offer to vote for candidates of any other party in the primary. The provisions of this section shall be enforceable against the chair of the political party committees 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.
  2. Any school board candidate, any independent ticket or candidate for city office, any nonpartisan city candidate, or candidate for an office of the Court of Justice at the primary or regular election may designate not more than one (1) challenger to be present at and witness the holding of primaries or elections in each precinct in the county. A candidate who designates a challenger shall present the county clerk with the name of the challenger at least twenty (20) days preceding the primary or regular election. The challenger shall be entitled to stay in the room or at the door. The challenger shall be a registered voter of the county in which the primary or election is held, shall be appointed in writing by the chair of the committee, independent candidate, or candidates representing a ticket, and shall produce written appointment on demand of any election officer.
  3. The county executive committee of any political party having a ticket to elect at any regular or special election may designate not more than two (2) challengers to be present at and witness the holding of the election in each precinct in the county. The challengers shall be entitled to stay in the room or at the door. The challengers shall be registered voters of the county in which the election is held, shall be appointed in writing signed by the chair of the committee, and shall produce written appointments on demand of any election officer. The committee or chair shall present the county clerk with a list of designated challengers at least twenty (20) days preceding a regular election and at least fifteen (15) days preceding a special election.
  4. Except as provided in KRS Chapter 242, not later than the fourth Tuesday preceding an election at which constitutional amendments or other public questions are to be submitted to the vote of the people, any committee that in good faith advocates or opposes an amendment or public question may file a petition with the clerk of the county asking that the petitioners be recognized as the committee entitled to nominate challengers to serve at the election at which the constitutional amendment or public question is to be voted on. If more than one (1) committee alleging itself to advocate or oppose the same amendment file such a petition, the county board of elections shall decide, and announce by certified mail, return receipt requested, to each committee not less than the third Tuesday preceding the election, which committee is entitled to nominate the challengers. The decision shall not be final, but any aggrieved party may institute proceedings with the county judge/executive and, upon hearing, the county judge/executive shall determine which of the committees shall be recognized as the one to select challengers at the election.
  5. The committee shall file the names of the persons nominated by it with the clerk of the county at least twenty (20) days before the primary and regular elections and not less that fifteen (15) days preceding the date of a special election. The county board of elections shall, not later than the Thursday preceding the election, certify the nominees of the committee for the respective precincts to serve as challengers at the election where any constitutional amendment or public question is to be voted upon. If more than one (1) amendment or question is to be voted upon, the county board of elections may designate, on the petition of the committee, one (1) person for each amendment and question to serve as challenger at the election.
  6. The challengers shall perform their duties in the same manner and be subject to the same privileges as other challengers at an election.

History. Enact. Acts 1974, ch. 130, § 45, effective June 21, 1974; 1976, ch. 54, § 22, effective March 10, 1976; 1976 (Ex. Sess.), ch. 20, § 6, effective January 2, 1978; 1978, ch. 384, § 251, effective June 17, 1978; 1980, ch. 114, § 13, effective July 15, 1980; 1986, ch. 470, § 17, effective July 15, 1986; repealed and reenact., Acts 1990, ch. 476, Pt. V, § 302, effective July 13, 1990; 1992, ch. 288, § 49, effective July 14, 1992; 1992, ch. 296, § 6, effective July 14, 1992; 1996, ch. 195, § 8, effective July 15, 1996; 2008, ch. 79, § 6, effective July 15, 2008; 2010, ch. 176, § 10, effective July 15, 2010.

Compiler’s Notes.

This section was formerly compiled as KRS 125.210 .

Legislative Research Commission Note.

(7/14/92). This section was amended by two 1992 Acts. Where those Acts are not in conflict, they have been compiled together. Where a conflict exists, the Act which was last enacted by the General Assembly prevails, pursuant to KRS 446.250 .

NOTES TO DECISIONS

1. Designation.

A party executive committee may delegate to its chairman the authority to designate challengers. Commonwealth v. Miller, 98 Ky. 446 , 33 S.W. 401, 17 Ky. L. Rptr. 1033 , 1895 Ky. LEXIS 79 ( Ky. 1895 ) (decided under prior law).

2. — By Political Group.

A faction of the Democratic Party, not constituting in itself an established political party, was not entitled to designate challengers. Weaver v. Toney, 107 Ky. 419 , 54 S.W. 732, 21 Ky. L. Rptr. 1157 , 1899 Ky. LEXIS 187 ( Ky. 1899 ) (decided under prior law).

A political group is not entitled to designate challengers unless it is a distinct political party and has a ticket to elect. Weaver v. Toney, 107 Ky. 419 , 54 S.W. 732, 21 Ky. L. Rptr. 1157 , 1899 Ky. LEXIS 187 ( Ky. 1899 ) (decided under prior law).

3. Disagreements of Challengers.

Arguments between challengers of opposing parties, involving threats of violence to each other, would not be cause for throwing out vote of precinct in absence of evidence that voters were intimidated or that an orderly election was interfered with. Land v. Land, 244 Ky. 126 , 50 S.W.2d 518, 1931 Ky. LEXIS 720 ( Ky. 1931 ) (decided under prior law).

4. Unauthorized Challenger.

Permitting unauthorized person to act as challenger would not invalidate election in absence of evidence that his presence in any way prevented a fair election or affected the result of the election. Muncy v. Duff, 194 Ky. 303 , 239 S.W. 49, 1922 Ky. LEXIS 163 ( Ky. 1922 ) (decided under prior law).

5. Exclusion.

The Circuit Court has no jurisdiction to issue a mandatory injunction compelling election officers to admit a challenger designated by a political party. Weaver v. Toney, 107 Ky. 419 , 54 S.W. 732, 21 Ky. L. Rptr. 1157 , 1899 Ky. LEXIS 187 ( Ky. 1899 ) (decided under prior law).

The election officers may exclude any person who does not produce evidence of his proper appointment as a challenger. Muncy v. Duff, 194 Ky. 303 , 239 S.W. 49, 1922 Ky. LEXIS 163 ( Ky. 1922 ) (decided under prior law).

6. Miscellaneous.

In a federal prosecution of a deputy clerk for participation in a vote buying conspiracy, the jury was incorrectly told that Kentucky law prohibited the clerk from supervising in-person absentee voting; because a challenger is not an election officer, a challenger’s presence did not result in equal representation of political parties, and the clerk’s supervision was proper. The error was not prejudicial because the jury was correctly instructed that the clerk could not lawfully assist voters. United States v. Risner, 737 Fed. Appx. 751, 2018 FED App. 0304N, 2018 U.S. App. LEXIS 16252 (6th Cir. Ky. 2018 ).

Opinions of Attorney General.

Challengers may stay within the voting room while the vote is being polled, the election judges having no authority to eject them therefrom, and the challengers may exercise reasonable discretion in deciding where in the room they will post themselves, including withdrawing from the voting room when they feel it necessary. OAG 75-95 .

In view of the fact that there is no official form for the designation of challengers and that there is no requirement that such appointments be notarized, a procedure whereby the challenger’s name and precinct is designated in writing and signed by the chairman of the county party complies with this section. OAG 76-702 .

Aside from the regular election officers, a person must be designated a challenger at the polls in order for such person to challenge a voter who presents himself to vote. OAG 77-645 .

A write-in candidate who did not qualify as an independent candidate for the office of magistrate would not be entitled to designate challengers. OAG 77-654 .

At least 25 percent of all the candidates of a particular party in the primary must combine and agree to recommend challengers in order for such challengers to be appointed, and when it speaks of all the candidates of a party, it means every candidate for every office to be voted for in the primary including state, district and local candidates. OAG 79-145 .

There is no reason why challengers, designated in accordance with this section, could not serve as representatives to check the vote count; the statute plainly allows candidates to appoint such representatives with the only requirement being that the representatives must be designated to the county board of elections. OAG 91-190 .

117.316. Duties of challenger.

The duties of a challenger appointed and certified as provided in KRS 117.315 shall include:

  1. The  challenge of the eligibility of a voter who presents himself at the precinct  to vote, but who the challenger has reason to believe:
    1. Is  not a duly registered voter in the precinct;
    2. Is  not a resident of the precinct;
    3. Is  a convicted felon who has not had his civil rights restored; or
    4. Is  not the person he claims to be.
  2. If  the challenger attempts to challenge a person’s right to vote, he shall express  his challenge to the precinct election officer; he shall sign the oath of  voter executed by the voter if the voter’s name appears on the precinct roster  and state the reason for his challenge as required by KRS 117.245(2).

History. Enact. Acts 1992, ch. 288, § 51, effective July 14, 1992.

117.317. Acts prohibited to challengers.

A challenger appointed and certified as provided in KRS 117.315 shall not:

  1. Electioneer  or campaign on behalf of any candidate, issue, or political party;
  2. Handle  official election materials except as provided in KRS 117.187 ;
  3. Attempt  to intimidate or harass, verbally or otherwise, any voter who is being challenged  or any precinct election officer;
  4. Behave  in any manner to disrupt activities at the polling place; or
  5. Attempt  to interfere with the proper conduct of the election.

History. Enact. Acts 1992, ch. 288, § 52, effective July 14, 1992.

117.318. Ordering of challengers from polling places.

  1. It  shall be the duty of a precinct election officer to warn a challenger who  violates any provision of KRS 117.187 and 117.316 to 117.318 . If the challenger  continues to violate these provisions, the precinct election officer shall  order the challenger out of the polling place. Any challenger ordered from  the polling place shall be prohibited from acting as a challenger in any precinct  in any election for a period of five (5) years.
  2. The  provisions of KRS 117.187 and 117.316 to 117.318 shall apply to all challengers  in all elections conducted in the Commonwealth.

History. Enact. Acts 1992, ch. 288, § 53, effective July 14, 1992.

117.325. Marking of absent voter’s ballot — Deposit of returned ballots — Record. [Repealed and reenacted.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 46; 1978, ch. 71, § 2, effective June 17, 1978) was repealed and reenacted as KRS 117.086 by Acts 1980, ch. 73, § 2, effective July 15, 1980.

117.335. Counting procedure for absent voters’ ballots — Challenge — Disposal of ballots — News media representatives to observe. [Repealed and reenacted.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 47; 1976, ch. 130, § 3; 1976, ch. 247, § 5; 1978, ch. 71, § 3, effective June 17, 1978) was repealed and reenacted as KRS 117.087 by Acts 1980, ch. 73, § 3, effective July 15, 1980.

117.343. Reimbursement of county clerk by state board for certain election related expenses — Submission of claims.

The county clerk may request reimbursement from the State Board of Elections, for the cost of employing office personnel necessary for the conduct of elections, including the registration and purgation of voters in the county. Such reimbursement shall not exceed fifty cents ($0.50) per registered voter in the county per year. Claims for reimbursement shall be submitted to the state board by July 31 of each year for employment costs for the preceding fiscal year. Claims shall be on forms provided by the State Board of Elections and shall show in detail the employee time and costs. If the State Board of Elections determines that the claims are valid and reasonable, the state board shall submit the claims to the Treasury for payment and they shall be paid within thirty (30) working days. The state board may issue administrative regulations prescribing the method and forms for documenting and submitting the claims.

History. Enact. Acts 1988, ch. 341, § 10, effective July 15, 1988.

117.345. Cost of elections — Payment.

  1. The cost of all elections held in any county shall be allowed by the fiscal court and paid by the county treasurer, except as otherwise provided by law.
  2. When the cost of any election has been allowed by the fiscal court and paid by the county treasurer, and within sixty (60) days following the date of the election, the county treasurer shall certify a statement of the number of precincts in the county, the date, and kind of election to the State Board of Elections, including an election that was delayed or postponed in accordance with KRS 39A.100 . The certification shall be filed within ninety (90) days after the election. Upon receipt of the certification and upon being satisfied as to the correctness thereof, the State Board of Elections shall issue its warrant upon the State Treasurer in favor of the county treasurer for the amount of two hundred fifty-five dollars ($255) for each precinct in the county.
  3. Payments to any county under the provisions of subsection (2) of this section shall be terminated if and whenever it fails to renew a lease, contract, or lease and option with the State Property and Buildings Commission executed in connection with the acquisition of voting machines by the commission for the use of the county; and payments to any county shall be terminated whenever the county fails to pay any part of the rentals required for any effective period of the lease or if a county board of elections fails to provide training to precinct election officers required by KRS 117.187(2).

History. Enact. Acts 1974, ch. 130, § 48; 1978, ch. 318, § 5, effective June 17, 1978; 1980, ch. 235, § 18, effective July 15, 1980; 1986, ch. 470, § 18, effective July 15, 1986; 1988, ch. 341, § 33, effective July 15, 1988; 1994, ch. 394, § 18, effective July 15, 1994; 1996, ch. 195, § 9, effective July 15, 1996; 2005, ch. 71, § 5, effective June 20, 2005; 2006, ch. 7, § 3, effective March 8, 2006.

NOTES TO DECISIONS

1. Constitutionality.

Provisions of former statute stating that failure of county to provide in its budget for the payment of rentals for the machines would result in disapproval of the budget, regardless of whether the county had renewed its year-to-year lease contract with the commission offended Ky. Const., § 157. State Property & Bldg. Com. v. Hays, 346 S.W.2d 3, 1961 Ky. LEXIS 277 ( Ky. 1961 ) (decided under prior law).

2. Clerk's Fee.

The county clerk is not entitled to any fee from the county for delivering the ballots and election supplies to the precinct offices. Harlan County v. Blair, 243 Ky. 777 , 49 S.W.2d 1028, 1932 Ky. LEXIS 193 ( Ky. 1932 ) (decided under prior law).

The county clerk is not entitled to any fee for his services in preparing the ballot boxes for the election, but he is entitled to be reimbursed for his expenses in delivering the boxes to the precinct officers. Goodlett v. Anderson County, 267 Ky. 166 , 101 S.W.2d 421, 1936 Ky. LEXIS 761 ( Ky. 1936 ) (decided under prior law).

Opinions of Attorney General.

The repair and maintenance of election machines are inevitable and necessary expenses and are thus characterized judicially as a cost of elections, which cost must be funded out of the county treasury directly as this section permits, or it could be funded by way of extending credit to the former county clerk against his excess fees for the calendar year in question. OAG 75-38 .

Inasmuch as the state is only liable for its share of the expense of a special school tax election if the election is paid for by the county, the state would not be authorized to pay any portion of the election cost where the expense is paid by a citizens educational advisory committee. OAG 76-214 .

Based on the fact that this section simply refers to “cost of the election,” in the absence of legislative restrictions all the expenses incurred in connection with the holding of an election must be included in determining such cost. OAG 76-421 .

The statutory requirement pertaining to the printing of special ballots for absent voters, disabled voters and for voting in emergency situations constitutes an election expense to be paid for by the fiscal court pursuant to the terms of this section and such costs cannot be allowed as a necessary office expense of the county court clerk under KRS 64.345 . OAG 76-474.

Since KRS 83A.050 requires cities to pay the cost of city elections only where the city election is held at a time other than the law prescribes for elections generally and since city officers can only be elected at general elections in November pursuant to Ky. Const., § 167 and KRS 83A.040 , which is the time prescribed for elections generally for all state and local offices, cities whose officers were elected in the 1981 election would not be liable for any part of the election cost involved at the 1981 general election. OAG 82-167 .

Research References and Practice Aids

2018-2020 Budget Reference.

See State/Executive Branch Budget, 2018 Ky. Acts ch. 169, Pt. I, A, 16, (1a) at 1295.

2016-2018 Budget Reference.

See State/Executive Branch Budget, 2016 Ky. Acts ch. 149, Pt. I, A, 17, (1) at 1045.

117.355. Election reports to be made by the precinct election sheriff and county board of elections — Contents.

  1. Within three (3) days after any primary or general election, the precinct election sheriff shall file a report with the chairman of the county board of elections and with the local grand jury. The report shall include any irregularities observed and any recommendations for improving the election process.
  2. Within ten (10) days after any primary or general election, the county board of elections shall file a report with the State Board of Elections and the local grand jury. The report shall include any irregularities of which the county board has knowledge and any recommendations for improving the election process. The report shall also include a breakdown by precinct of the number of voters requiring assistance to vote and the reasons therefor; the number of special ballots cast by category; and any other information required by the state board.
  3. Within thirty (30) days after any primary or general election, the county board of elections shall transmit the information required by KRS 117.275(4) to (7).
  4. The State Board of Elections shall issue administrative regulations to prescribe the forms required by this section.

History. Enact. Acts 1988, ch. 341, § 11, effective July 15, 1988; 2002, ch. 129, § 2, effective July 15, 2002; 2010, ch. 176, § 11, effective July 15, 2010.

117.365. Presentation of voter assistance forms and absentee ballot applications by county clerk to grand jury — Certified photocopies. [Effective until July 15, 2020]

Upon the first day a grand jury convenes after a primary, general election, or special election, the county clerk shall present to the grand jury all voter assistance forms and all applications for absentee ballots which shall have been completed in the immediately preceding primary, general election, or special election. The county clerk may photocopy applications for absentee ballots and voter assistance forms, certify them as true copies of the originals, and present the grand jury with those certified copies instead of the originals. The county clerk shall retain all applications for absentee ballots and one (1) copy of each voter assistance form as part of the records of the office and shall produce certified copies of any or all of them, when required, to any subsequent grand jury.

History. Enact. Acts 1988, ch. 341, § 13, effective July 15, 1988; 1990, ch. 48, § 31, effective July 13, 1990; 1992, ch. 65, § 3, effective March 19, 1992; 1996, ch. 195, § 10, effective July 15, 1996.

117.365. Presentation of voter assistance forms, all voter and election official affirmations, and absentee ballot applications by county clerk to grand jury — Certified photocopies. [Effective July 15, 2020]

Upon the first day a grand jury convenes after a primary, regular election, or special election, the county clerk shall present to the grand jury all voter assistance forms, all voter and election official affirmations, and all applications for absentee ballots which shall have been completed in the immediately preceding primary, regular election, or special election. The county clerk may photocopy applications for absentee ballots, voter and election official affirmations, and voter assistance forms, certify them as true copies of the originals, and present the grand jury with those certified copies instead of the originals. The county clerk shall retain all applications for absentee ballots, voter and election official affirmations, and one (1) copy of each voter assistance form as part of the records of the office and shall produce certified copies of any or all of them, when required, to any subsequent grand jury.

HISTORY: Enact. Acts 1988, ch. 341, § 13, effective July 15, 1988; 1990, ch. 48, § 31, effective July 13, 1990; 1992, ch. 65, § 3, effective March 19, 1992; 1996, ch. 195, § 10, effective July 15, 1996; 2020 ch. 89, § 22, effective July 15, 2020.

Electronic Voting System

117.375. Definitions. [Effective until July 15, 2020]

As used in this chapter, unless the context otherwise requires:

  1. “Electronic  or electromechanical voting system” means a system of casting votes  by use of marking devices and tabulating ballots employing automatic tabulating  equipment or data processing equipment.
  2. “Automatic  tabulating equipment” means apparatus necessary to automatically examine  and count votes as designated on ballots and data processing machines which  can be used for counting ballots and tabulating results.
  3. “Voting  device” means either an apparatus in which paper ballots or ballot cards  are used in connection with an implement by which a voter registers his votes  with ink or other substance or by punching, or an apparatus by which such  votes are registered electronically, so that in either case the votes so registered  may be computed and tabulated by means of automatic tabulating equipment.
  4. “Ballot  card” means a tabulating card on which votes may be recorded by a voter  by use of a voting punch device or by marking with a pen or special marking  device.
  5. “Ballot  label” means the cards, papers, booklet, pages or other material on  which appear the names of candidates and the questions to be voted on by means  of ballot cards or voting machines.
  6. “Ballot”  or “official ballot” means the voting machine ballot label, ballot  cards, paper ballots, an absentee ballot, or a supplemental paper ballot which  has been authorized for the use of voters in any primary, general or special  election by the Secretary of State or the county clerk.
  7. “Voting  punch device” means an apparatus in which ballots or ballot cards are  inserted for the piercing of ballots by the voter. The hole may be in the  form of a round dot, rectangle, square, or any other shape that will clearly  indicate the intent of the voter.
  8. “Vote  marking device” means any approved device for marking a paper ballot  with ink or other substance which will enable the ballot to be tabulated by  means of automatic tabulating equipment.
  9. “Secrecy  envelope” means the envelope handed to the voter with his ballot into  which the voter shall place his voted ballot cards.
  10. “Precinct  ballot counter” means an automatic tabulating device used at the precinct  to tabulate and process ballots.
  11. “Voting  machine” or “machine” shall include lever machines and,  as far as applicable, any electronic or electromechanical unit and supplies  utilized or relied upon by a voter in casting and recording his votes in an  election.

History. Enact. Acts 1982, ch. 360, § 1, effective July 15, 1982; 1990, ch. 48, § 32, effective July 13, 1990.

117.375. Definitions for chapter. [Effective July 15, 2020]

As used in this chapter, unless the context otherwise requires:

  1. “Electronic or electromechanical voting system” means a system of casting votes by use of marking devices and tabulating ballots employing automatic tabulating equipment or data processing equipment.
  2. “Automatic tabulating equipment” means apparatus necessary to automatically examine and count votes as designated on ballots and data processing machines which can be used for counting ballots and tabulating results.
  3. “Voting device” means either an apparatus in which paper ballots or ballot cards are used in connection with an implement by which a voter registers his or her votes with ink or other substance or by punching, or an apparatus by which such votes are registered electronically, so that in either case the votes so registered may be computed and tabulated by means of automatic tabulating equipment.
  4. “Ballot card” means a tabulating card on which votes may be recorded by a voter by use of a voting punch device or by marking with a pen or special marking device.
  5. “Ballot label” means the cards, papers, booklet, pages or other material on which appear the names of candidates and the questions to be voted on by means of ballot cards or voting machines.
  6. “Ballot” or “official ballot” means the voting machine ballot label, ballot cards, paper ballots, an absentee ballot, a federal provisional ballot, a federal provisional absentee ballot, or a supplemental paper ballot which has been authorized for the use of voters in any primary or regular or special election by the Secretary of State or the county clerk.
  7. “Voting punch device” means an apparatus in which ballots or ballot cards are inserted for the piercing of ballots by the voter. The hole may be in the form of a round dot, rectangle, square, or any other shape that will clearly indicate the intent of the voter.
  8. “Vote marking device” means any approved device for marking a paper ballot with ink or other substance which will enable the ballot to be tabulated by means of automatic tabulating equipment.
  9. “Secrecy envelope” means the envelope handed to the voter with his or her ballot into which the voter shall place his or her voted ballot cards.
  10. “Precinct ballot counter” means an automatic tabulating device used at the precinct to tabulate and process ballots.
  11. “Voting machine” or “machine” shall include lever machines and, as far as applicable, any electronic or electromechanical unit and supplies utilized or relied upon by a voter in casting and recording his votes in an election.
  12. “Proof of identification” means a document that was issued by:
    1. The United States or the Commonwealth of Kentucky, and the document contains:
      1. The name of the individual to whom the document was issued; and
      2. A photograph of the individual to whom the document was issued;
    2. The United States Department of Defense, a branch of the uniformed services, the Merchant Marines, or the Kentucky National Guard, and if the document contains:
      1. The name of the individual to whom the document was issued; and
      2. A photograph of the individual to whom the document was issued;
    3. A public or private college, university, or postgraduate technical or professional school located within the United States, and contains:
      1. The name of the individual to whom the document was issued; and
      2. A photograph of the individual to whom the document was issued; or
    4. Any city government, county government, urban-county government, charter county government, consolidated local government, or unified local government, which is located within this state, and the document contains:
      1. The name of the individual to whom the document was issued; and
      2. A photograph of the individual to whom the document was issued.
  13. “Federal provisional voter” means a person:
    1. Who is registered to vote;
    2. Whose name appears on the precinct roster;
    3. Who has not provided proof of identification to the precinct election officer before voting in a federal election; and
    4. Who elects to proceed with voting during a federal provisional ballot under KRS 117.229 .
  14. “Federal provisional ballot” or “federal provisional absentee ballot” means ballots which have been authorized by the Secretary of State or the county clerk to be used by federal provisional voters in any federal primary or election.

HISTORY: Enact. Acts 1982, ch. 360, § 1, effective July 15, 1982; 1990, ch. 48, § 32, effective July 13, 1990; 2020 ch. 89, § 23, effective July 15, 2020.

117.377. Acquisition or abandonment of voting system subject to approval of State Board of Elections — Petition in emergency situation.

  1. The  fiscal court of any county, or any urban-county government, may acquire by  purchase or lease or lease-purchase agreement or abandon any voting system  covered by this chapter, if the equipment has been approved by the State Board  of Elections. The fiscal court shall notify the State Board of Elections that  a new voting system is being installed in the county.
  2. The  county clerk of any county may petition the State Board of Elections to allow  a new voting system in the county if an emergency exists. The petition must  state the reasons why the present equipment is inadequate. Within sixty (60)  days of the receipt of the petition the State Board of Elections shall notify  the county clerk whether the permission to obtain a new voting system is granted  or denied. The letter of approval shall be presented to the fiscal court for  its approval before any new voting system is acquired.

History. Enact. Acts 1982, ch. 360, § 2, effective July 15, 1982; 1990, ch. 48, § 33, effective July 13, 1990.

117.379. Examination of electronic voting system by State Board of Elections.

  1. Any  person or corporation owning, manufacturing or selling any electronic voting  system, may request the State Board of Elections to examine the system. Before  requesting an examination or reexamination, any person, persons, or corporation  shall pay to the State Treasurer an examination fee of five hundred dollars  ($500) and submit a test report from an independent testing authority approved  by the State Board of Elections. The report shall demonstrate that the system  meets all Federal Election Commission voting system standards. The State Board  of Elections may, at any time, reexamine any system already approved. The  State Board of Elections shall approve or disapprove any voting system within  sixty (60) days after the date of its initial submission.
  2. Upon  receipt of a request for examination or reexamination of an electronic voting  system, the State Board of Elections shall require that such system be examined  or reexamined by three (3) examiners. The State Board of Elections shall appoint  one (1) examiner who is an expert in computer science or electronic voting  systems, one (1) person who is knowledgeable in election procedures and law  in Kentucky, and one (1) person who is a present or former county clerk. The  three (3) examiners shall submit one (1) written report on each system examined  or reexamined to the State Board of Elections. The members of the State Board  of Elections shall also examine or reexamine the system. A system shall be  approved if the examiners’ report states that the system meets all the requirements  of KRS 117.381 and the State Board of Elections finds that the system meets  all of the requirements of KRS 117.381 . The report and a letter of approval  shall be filed in the office of the State Board of Elections.
  3. Any  electronic voting system not approved by the State Board of Elections shall  not be used at any election.
  4. When  an electronic voting system has been approved any improvement or changes in  the system shall render necessary the examination or approval of such system  or improvement.
  5. Neither  the members of the State Board of Elections, nor any examiner appointed by  the State Board of Elections, nor any member of a county board of elections  shall have any pecuniary interest in any electronic voting system.
  6. Each  examiner appointed by the State Board of Elections shall receive fair compensation  to be established by the State Board of Elections.

History. Enact. Acts 1982, ch. 360, § 3, effective July 15, 1982; 1996, ch. 195, § 11, effective July 15, 1996.

117.381. Requirements for approval.

No electronic voting system shall, upon any examination or reexamination, be approved by the State Board of Elections unless it shall be established that such system, at the time of examination or reexamination:

  1. Provides for voting in secrecy;
  2. Permits each voter to vote at any election for all candidates and questions for which he is lawfully entitled to vote, and no others;
  3. Permits each voter, at the general election to vote a straight political party ticket by one (1) or more marks or acts;
  4. Provides a method for write-in voting;
  5. Provides for a nonpartisan ballot;
  6. If it is of a type that registers the vote electronically, the voting system shall preclude each voter from voting for more persons for any office than he is entitled to vote for or upon any question more than once;
  7. Permits each voter at a primary election to vote only for the candidates seeking nomination by a political party in which such voter is registered, and for any candidate for nonpartisan nomination, and for any question upon which he is entitled to vote;
  8. If it is of a type that registers the vote electronically, the voting system shall permit each voter to change his vote for any candidate or upon any question appearing on the official ballot up to the time that he takes the final step to register his vote and to have his vote computed. If it is of a type that uses paper ballots or ballot cards to register the vote and automatic tabulating equipment to compute such votes, the system shall provide that a voter who spoils his ballot may obtain another ballot;
  9. Is suitably designed for the purpose used, is constructed of a durable material, and is safely transportable;
  10. Is so constructed that a voter may readily learn the method of operating it; and
  11. Meets or exceeds the standards for electronic voting equipment established by the Federal Election Commission; and
  12. Provides for tabulating votes at the precinct in accordance with the requirements of KRS 117.275 .

History. Enact. Acts 1982, ch. 360, § 4, effective July 15, 1982; 1992, ch. 421, § 2, effective July 14, 1992; 1996, ch. 195, § 12, effective July 15, 1996.

117.383. Rules and regulations. [Effective until July 15, 2020]

The State Board of Elections shall prescribe rules and regulations which shall include but not be limited to the following:

  1. Achieve  and maintain the maximum degree of correctness, impartiality, and efficiency  of the procedures of voting;
  2. Count,  tabulate, and record votes;
  3. Establish  a method for placing items on the electronic voting device, which shall, as  closely as possible, follow the requirements pertaining to ballot labels;
  4. Design  the ballot cards, including a numerical system to insure an accurate record  of all voting activities;
  5. Instruct  voters in the use of the voting device;
  6. Provide  for checking the accuracy of the equipment;
  7. Provide  necessary supplies, including those necessary for a write-in vote and secrecy  envelopes for punch cards or data processing cards to insure voter privacy;
  8. As  part of the official canvass, provide for a manual recount of randomly selected  precincts representing three percent (3%) to five percent (5%) of the total  ballots cast in each election;
  9. Provide  a method for maintaining sufficient documents and records so that votes can  be recounted. Such documents and records shall include any material other  than a ballot card which is imprinted with the names of candidates and issues  voted upon. Records shall be maintained in such a manner that a specific piece  of printed material listing issues and candidates can be matched with the  specific ballot cards which were marked in reliance upon such printed material.  Except as otherwise required in this chapter that certain records and papers  relating to specified elections be retained for twenty-two (22) months, such  documents and records shall be maintained for thirty (30) days following an  election.

History. Enact. Acts 1982, ch. 360, § 5, effective July 15, 1982; 1984, ch. 44, § 5, effective March 2, 1984; 1986, ch. 470, § 19, effective July 15, 1986.

117.383. Rules and regulations — Federal provisional voting to be conducted in compliance with KRS Chapters 116 to 120, unless contrary to federal law. [Effective July 15, 2020]

The State Board of Elections shall prescribe rules and promulgate administrative regulations under KRS Chapter 13A which shall include but not be limited to the following:

  1. Achieve and maintain the maximum degree of correctness, impartiality, and efficiency of the procedures of voting;
  2. Count, tabulate, and record votes;
  3. Establish a method for placing items on the electronic voting device, which shall, as closely as possible, follow the requirements pertaining to ballot labels;
  4. Design the ballot cards and federal provisional ballot cards, including a numerical system to ensure an accurate record of all voting activities;
  5. Instruct voters in the use of the voting device;
  6. Provide for checking the accuracy of the equipment;
  7. Provide necessary supplies, including those necessary for a write-in vote and secrecy envelopes for punch cards or data processing cards to insure voter privacy;
  8. As part of the official canvass, provide for a manual recount of randomly selected precincts representing three percent (3%) to five percent (5%) of the total ballots cast in each election;
  9. Provide a method for maintaining sufficient documents and records so that votes can be recounted. Such documents and records shall include any material other than a ballot card which is imprinted with the names of candidates and issues voted upon. Records shall be maintained in such a manner that a specific piece of printed material listing issues and candidates can be matched with the specific ballot cards which were marked in reliance upon such printed material. Except as otherwise required in this chapter that certain records and papers relating to specified elections be retained for twenty-two (22) months, such documents and records shall be maintained for thirty (30) days following an election; and
  10. Unless contrary to the Help America Vote Act of 2002, ensure that all federal provisional voting shall be conducted in a manner as prescribed by KRS Chapters 116 to 120.

HISTORY: Enact. Acts 1982, ch. 360, § 5, effective July 15, 1982; 1984, ch. 44, § 5, effective March 2, 1984; 1986, ch. 470, § 19, effective July 15, 1986; 2020 ch. 89, § 24, effective July 15, 2020.

117.385. Spoiled or defaced ballot card — Disposition of ballot card after voting. [Effective until July 15, 2020]

  1. A  voter who spoils or defaces a ballot card or marks it erroneously shall return  the card to the election officials. The election officials shall deliver to  the voter another ballot card, but no voter may receive more than three (3)  ballot cards including the one originally delivered to the voter. Upon return  of a defective ballot card, an election official shall cancel it by writing  in ink on the back the word “spoiled.” The canceled ballot card  shall be placed with spoiled ballots to be returned with the election returns.
  2. After  marking the ballot card, the voter shall place it inside the secrecy envelope  and return it to an election official, who shall deposit the ballot in the  ballot box. When precinct ballot counters are used the voter may either insert  his ballot contained in the secrecy envelope provided and deposit the emptied  ballot container envelope with the election official presiding over the ballot  counter or deposit the ballot in the ballot box for processing by precinct  election officials after the polls close.

History. Enact. Acts 1982, ch. 360, § 6, effective July 15, 1982.

117.385. Spoiled or defaced ballot card — Exception for federal provisional ballot — Disposition of ballot card after voting. [Effective July 15, 2020]

  1. A voter who spoils or defaces a ballot card or marks it erroneously shall return the card to an election officer.The election officer shall deliver to the voter another ballot card, but no voter may receive more than three (3) ballot cards including the one originally delivered to the voter. Upon return of a defective ballot card, an election officer shall cancel it by writing in ink on the back the word “spoiled.” The canceled ballot card shall be placed with spoiled ballots to be returned with the election returns.
    1. After marking the ballot card, the voter shall place it inside the secrecy envelope and return it to an election officer, who shall deposit the ballot in the appropriate ballot box. (2) (a) After marking the ballot card, the voter shall place it inside the secrecy envelope and return it to an election officer, who shall deposit the ballot in the appropriate ballot box.
    2. When precinct ballot counters are used, the voter, unless voting a federal provisional ballot, may either:
      1. Insert his or her ballot contained in the secrecy envelope provided and deposit the emptied ballot container envelope with the election officer presiding over the ballot counter; or
      2. Deposit the ballot in the ballot box; for processing by a precinct election officer after the polls close.

HISTORY: Enact. Acts 1982, ch. 360, § 6, effective July 15, 1982; 2020 ch. 89, § 25, effective July 15, 2020.

117.387. Absentee voting by electronic system.

  1. In  any county in which the fiscal court has adopted voting by means of an electronic  voting system, the county board of elections may elect to also conduct absentee  voting by the use of such a system.
  2. When  a ballot card is used for voting by mail it shall be accompanied by a stylus,  voter instructions, and a specimen ballot showing the proper positions to  vote on the ballot card for each candidate or question. The card shall be  mounted on material suitable to receive the punched out chip.

History. Enact. Acts 1982, ch. 360, § 7, effective July 15, 1982.

117.389. Testing of automatic tabulating equipment prior to election.

On any day not more than thirty (30) nor less than five (5) days prior to the election day, the county clerk shall have the automatic tabulating equipment tested in the manner prescribed by the State Board of Elections.

History. Enact. Acts 1982, ch. 360, § 8, effective July 15, 1982; 1992, ch. 421, § 3, effective July 14, 1992.

117.391. Application.

The provisions of all laws relating to elections not inconsistent with Acts 1982, Ch. 360 apply to elections in all counties in which electronic or electromechanical tabulation of ballots are used.

History. Enact. Acts 1982, ch. 360, § 9, effective July 15, 1982.

117.393. Biennial report on status of voting equipment and systems.

Beginning January 1, 1984, the State Board of Elections shall submit a biennial report to the Legislature concerning the status of various voting equipment and voting systems that are in use or are approved for use in this state. This report shall also contain any recommendations by the Secretary of State as to election law modifications relating to the acquisition and use of voting equipment and voting systems.

History. Enact. Acts 1982, ch. 360, § 10, effective July 15, 1982.

Acquisition of Voting Machines

117.405 to 117.525. Voting machines — Acquisition and financing. [Repealed.]

Compiler’s Notes.

The following sections were repealed by Acts 1984, ch. 185, § 34, effective July 13, 1984:

117.405 Definitions. (Enact. Acts 1974, ch. 130, § 49, effective June 21, 1974.)

117.415 Powers and duties of commission as to voting machines. (Enact. Acts 1974, ch. 130, § 50, effective June 21, 1974.)

117.425 Financing of voting machine projects. (Enact. Acts 1974, ch. 130, § 51, effective June 21, 1974.)

117.435 Procedures for acquiring machines. (Enact. Acts 1974, ch. 130, § 52, effective June 21, 1974.)

117.445 Negotiable and tax-free character of bonds — Source of payment. (Enact. Acts 1974, ch. 130, § 53, effective June 21, 1974.)

117.455 Ways in which money received may be used. (Enact. Acts 1974, ch. 130, § 54, effective June 21, 1974.)

117.465 Sinking fund reserve. (Enact. Acts 1974, ch. 130, § 55, effective June 21, 1974.)

117.475 Separate bond issue — Procedure for two or more counties. (Enact. Acts 1974, ch. 130, § 56, effective June 21, 1974.)

117.485 Action after termination of lease. (Enact. Acts 1974, ch. 130, § 57, effective June 21, 1974.)

117.495 One or more separate bond issues for same county. (Enact. Acts 1974, ch. 130, § 58, effective June 21, 1974.)

117.505 Bondholder’s right to proceed. (Enact. Acts 1974, ch. 130, § 59, effective June 21, 1974.)

117.515 Refunding Bonds. (Enact. Acts 1974, ch. 130, § 60, effective June 21, 1974.)

117.525 Additional and alternate character of provisions as to acquisition of voting machines. (Enact. Acts 1974, ch. 130, § 61, effective June 21, 1974.)

Definitions For KRS 117.605 to 117.895

117.600. Definitions. [Repealed.]

Compiler’s Notes.

This section (Acts 1952, ch. 134, §§ 15, 32) was repealed by Acts 1972, ch. 188, § 69.

Qualification

117.605, 117.610. Qualification of voters — Registration — Residence requirement. [Repealed.]

Compiler’s Notes.

The following sections were repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 116.025 , 116.035 .

117.605 Qualification of voters in regular and special elections — Registration required. (Enact. Acts 1952, ch. 134, § 1; 1972, ch. 320, § 1; 1972 (1st Ex. Sess.), ch. 5, § 1.)

117.610 Residence requirement — How determined. (Enact. Acts 1952, ch. 134, § 2.)

Registration Generally

117.615, 117.620. Persons permitted to register — Registration procedure. [Repealed.]

Compiler’s Notes.

The following sections were repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 116.045 .

117.615 Persons permitted to register. (Enact. Acts 1952, ch. 134, § 3, effective June 19, 1952; 1964, ch. 142, § 1, effective June 18, 1964; 1972, ch. 320, § 2, effective June 16, 1972; 1972 (1st Ex. Sess.), ch. 5, § 2, effective June 27, 1972.)

117.620 Time and place of registration — When books to be closed — Changing party affiliation without appearing in person. (Enact. Acts 1952, ch. 134, § 4, effective June 19, 1952; 1964, ch. 142, § 2, effective June 18, 1964; 1972, ch. 320, § 3, effective June 16, 1972; 1972 (1st Ex. Sess.), ch. 5, § 3, effective June 27, 1972.)

Registration Outside Cities of First Class

117.625 to 117.670. Registration procedures — Transfer — Duties of clerk. [Repealed.]

Compiler’s Notes.

The sections listed below were repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972 except where otherwise noted.

117.625 Registrant to appear in person — Challenge. (Enact. Acts 1952, ch. 134, § 5, effective June 19, 1952.)

117.630 Forms for registration. (Enact. Acts 1952, ch. 134, § 6, effective June 19, 1952; 1954, ch. 218, § 2, effective June 17, 1954.)

117.635 Forms to be made out and signed — Preservation — Lists of voters. (Enact. Acts 1952, ch. 134, § 7, effective June 19, 1952.)

117.640 Replacement of lost or destroyed forms — Re-registration. (Enact. Acts 1952, ch. 134, § 8, effective June 19, 1952; 1970, ch. 208, § 2, effective June 18, 1970.)

117.645 Transferring registration. (Enact. Acts 1952, ch. 134, § 9, effective June 19, 1952.)

117.650 Register and list of voters to be delivered to election clerk. (Enact. Acts 1952, ch. 134, § 10, effective June 19, 1952.)

117.655 Application of KRS 117.745 to counties — Clerk to mark registration record — Officers my refuse to issue ballot. (Enact. Acts 1952, ch. 134, § 11, effective June 19, 1952.)

117.660 Right to inspect and obtain copies of registration books. (Enact. Acts 1952, ch. 134, § 12, effective June 19, 1952.)

117.665 Fees allowed county clerk. (Enact. Acts 1952, ch. 134, § 13, effective June 19, 1952), effective until the 1973 regular election.

117.670 Powers and liabilities of deputy county clerk. (Enact. Acts 1952, ch. 134, § 14, effective June 19, 1952.)

For present law, see KRS ch. 116.

Registration in Cities of First Class

117.675 to 117.750. Board of registration commissioners — Registration procedure. [Repealed.]

Compiler’s Notes.

The sections listed below were repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972 except where otherwise noted.

117.675 Board of registration commissioners — Powers — Qualifications — Compensation. (Enact. Acts 1952, ch. 134, § 16, effective June 19, 1952.)

117.680 Appointment of board members — Term. (Enact. Acts 1952, ch. 134, § 17, effective June 19, 1952.)

117.685 Removals — Vacancies — Incompatible offices. (Enact. Acts 1952, ch. 134, § 18, effective June 19, 1952.)

117.690 Bond of board members. (Enact. Acts 1952, ch. 134, § 19, effective June 19, 1952.)

117.695 Registrar and assistant, appointment, duties, salary — Employes. (Enact. Acts 1952, ch. 134, § 20, effective June 19, 1952.)

117.700 Oath may be administered by board and employes. (Enact. Acts 1952, ch. 134, § 21, effective June 19, 1952.)

117.705 Appropriations for support of board — Business records — Fiscal year. (Enact. Acts 1952, ch. 134, § 22; 1954, ch. 165.)

117.710 Supplies — Purchase of — Officers not to be interested in contracts — No future charge to be created. (Enact. Acts 1952, ch. 134, § 23, effective June 19, 1952.)

117.715 Offices of board — Office hours — Registration supplies. (Enact. Acts 1952, ch. 134, § 24, effective June 19, 1952.)

117.720 Method of registration. (Enact. Acts 1952, ch. 134, § 25, effective June 19, 1952.)

117.725 Copies of registration records — Preservation and disposition — Loss or destruction. (Enact. Acts 1952, ch. 134, § 26, effective June 19, 1952; 1966, ch. 255, § 119, effective June 16, 1966.)

117.730 Transfer of registration on change of precinct boundaries. (Enact. Acts 1952, ch. 134, § 27, effective June 19, 1952.)

117.735 New registration required when name changed — Transfer of registration on change of residence — Utility companies to report change of address of customers. (Enact. Acts 1952, ch. 134, § 28; 1970, ch. 208, § 1.)

117.740 Precinct registers to be delivered to election clerks. (Enact. Acts 1952, ch. 134, § 29, effective June 19, 1952.)

117.745 Comparative signature books — Comparison of voter’s signature with registration record — Voting record. (Enact. Acts 1952, ch. 134, § 30), effective until the 1973 regular election.

117.750 Right to inspect and obtain copies of registration records. (Enact. Acts 1952, ch. 134, § 31, effective June 19, 1952.)

For present law, see KRS Ch. 116 and KRS 117.035 .

Purgation

117.755. State board of elections — Membership, oath. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 134, § 33) was repealed by Acts 1966, ch. 255, § 283. For present law see KRS 117.015 , 117.025 .

117.760 to 117.810. Purgation — State and county boards — Duties. [Repealed.]

Compiler’s Notes.

The sections listed below were repealed by Acts 1972, ch. 188, § 69:

117.760 General duties of state board. (Enact. Acts 1952, ch. 134, § 34, effective June 19, 1952.)

117.761 Printing of forms by state board. (Enact. Acts 1954, ch. 218, § 1, effective June 19, 1952.)

117.765 Compensation of members of state board — Supplies. (Enact. Acts 1952, ch. 134, § 35; 1968, ch. 152, § 91.)

117.770 Clerk of state board — Filling and disposing of complaints. (Enact. Acts 1952, ch. 134, § 36, effective June 19, 1952.)

117.775 Suits against state board — Appeals from its decisions. (Enact. Acts 1952, ch. 134, § 37, effective June 19, 1952.)

117.780 County boards of registration and purgation — Appointment — Qualifications — Removals — Vacancies — Proceeding to compel appointment ofcounty board. (Enact. Acts 1952, ch. 134, § 38, effective June 19, 1952.)

117.785 Certificate of appointment of county board members — Officers. (Enact. Acts 1952, ch. 134, § 39, effective June 19, 1952.)

117.790 General duties of county boards. (Enact. Acts 1952, ch. 134, § 40, effective June 19, 1952.)

117.795 Compensation of county boards — Time and place of meetings. (Enact. Acts 1952, ch. 134, § 41, effective June 19, 1952; 1956 (1st Ex. Sess.), ch. 5, § 3, effective March 12, 1956; 1964, ch. 42, § 1, effective June 18, 1964; 1966, ch. 151, § 1, effective June 16, 1966; 1968, ch. 152, § 92, effective June 13, 1968.)

117.800 Sessions of boards on election days — Appeals on election day. (Enact. Acts 1952, ch. 134, § 42, effective June 19, 1952; 1964, ch. 42, § 2, effective June 18, 1964.)

117.803 Report of number of voters and precincts by board to secretary ofstate — Compensation — County clerk’s duties. (Enact. Acts 1966, ch. 80, §§ 1, 2, effective June 16, 1966.)

117.805 Employes, supplies, payment. (Enact. Acts 1952, ch. 134, § 43, effective June 19, 1952.)

117.810 Purgation by county boards. (Enact. Acts 1952, ch. 134, § 44, effective June 19, 1952; 1960, ch. 59, § 1, effective June 16, 1960; 1966, ch. 239, § 125, effective June 16, 1966.)

For present law, see KRS 116.112 , 116.135 to 116.155 , 117.015 to 117.035 .

117.812. Notice to voters before primary for statewide officers of necessity of transferring registration record upon moving to another precinct. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 185, §§ 1 to 3, effective June 16, 1960) was repealed by Acts 1964, ch. 47, § 1.

117.815 to 117.885. Purgation in cities of first class and outside cities of first class — Procedures — Records — Investigations — Fees. [Repealed.]

Compiler’s Notes.

The sections listed below were repealed by Acts 1972, ch. 188, § 69:

117.815 Purgation by board of registration commissioners in cities of first class on grounds of death, disqualification, marriage or failure to vote. (Enact. Acts 1952, ch. 134, § 45.)

117.820 Purgation for primary election in cities of first class by house-to-house canvass. (Enact. Acts 1952, ch. 134, § 46.)

117.825 Purgation for regular election in cities of the first class by house-to-house canvass. (Enact. Acts 1952, ch. 134, § 47.)

117.830 Purgation for primary or regular election in cities of the first class on application of citizen or party committee. (Enact. Acts 1952, ch. 134, § 48.)

117.835 Precinct purgation outside cities of first class. (Enact. Acts 1952, ch. 134, § 49.)

117.840 Purgation recommendation by precinct judges at primary election, outside cities of first class. (Enact. Acts 1952, ch. 134, § 50.)

117.845 Assistants to precinct judges in purgation. (Enact. Acts 1952, ch. 134, § 51.)

117.850 Purgation by county board, outside cities of first class — Notice and hearing. (Enact. Acts 1952, ch. 134, § 52.)

117.855 Written notices. (Enact. Acts 1952, ch. 134, § 53.)

117.860 No purging to be done later than twenty days before election. (Enact. Acts 1952, ch. 134, § 54.)

117.865 Appeals from decisions of purgation officers or boards. (Enact. Acts 1952, ch. 134, § 55.)

117.870 Suspended lists. (Enact. Acts 1952, ch. 134, § 56.)

117.875 Record of canceled registrations. (Enact. Acts 1952, ch. 134, § 57.)

117.880 Grand jury investigation. (Enact. Acts 1952, ch. 134, § 58.)

117.885 Fees of county clerk in connection with purgation. (Enact. Acts 1952, ch. 134, § 59.)

For present law, see KRS 116.112 and 116.135 to 116.155 .

117.890. Old boards continued until successors appointed. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 134, § 60) was repealed by Acts 1966, ch. 255, § 283.

117.895. Validity of registration under prior law. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 134, § 61) was repealed by Acts 1972, ch. 188, § 69.

Promotion of Voting

117.900. Election essay and slogan contests — Private sponsorship.

  1. The Secretary of State shall implement an annual statewide essay contest for students in grades nine (9) through twelve (12) and an annual statewide slogan contest, each to be relative to an elections-related topic to be chosen by the Secretary of State each year. The Secretary of State shall publicize the contests, present awards or certificates to the essay winner in each grade level and to the slogan contest winner in a public ceremony, and provide appropriate publicity for the winning entries.
  2. The Secretary of State shall solicit sponsorship for the essay and slogan contests so that, in addition to awards or certificates, winners shall receive a monetary award, as funds are available from sponsors.

History. Enact. Acts 1988, ch. 42, § 1, effective July 15, 1988; 2005, ch. 71, § 6, effective June 20, 2005.

Penalties

117.990. Penalties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 134, § 62) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 116.995 .

117.995. Penalties. [Effective until July 15, 2020]

  1. Any person appointed to serve as an election officer but who shall knowingly and willfully fail to serve and who is not excused by the county board of elections for the reasons specified in this chapter shall be guilty of a violation and shall be ineligible to serve as an election officer for a period of five (5) years.
  2. Any county clerk or member of the county board of elections who knowingly and willfully violates any of the provisions of this chapter, including furnishing applications for absentee ballots to persons other than those specified by the provisions of this chapter and failure to type the name of the voter on the application form as required by the provisions of this chapter, shall be guilty of a Class D felony.
  3. Any officer who willfully fails to prepare or furnish ballot labels or absentee ballots or fails to allow a qualified voter to cast his or her vote on the machine as required of the voter by this chapter shall be guilty of a Class A misdemeanor.
  4. Any election officer who knowingly and willfully violates any of the provisions of this chapter, including failure to enforce the prohibition against electioneering established by KRS 117.235 , shall be guilty of a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense.
  5. Any person who signs a name other than his or her own on an application for an absentee ballot or on the verification form for the ballot or on an emergency absentee ballot affidavit, or any person who votes an absentee ballot other than the one issued in his or her name, or any person who applies for the ballot for the use of anyone other than himself or herself or the person designated by the provisions of this chapter, or any person who makes a false statement on an application for an absentee ballot or on an emergency absentee ballot affidavit shall be guilty of a Class D felony.
  6. Any person who violates any provision of KRS 117.235 or 117.236 related to prohibited activities during absentee voting or on election day, after he or she has been duly notified of the provisions by any precinct election officer, county clerk, deputy county clerk, or other law enforcement official, shall, for each offense, be guilty of a Class A misdemeanor.
  7. Any person who knowingly and willfully prepares or assists in the preparation of an inaccurate or incomplete voter assistance form or fails to complete a voter assistance form when required shall be guilty of a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense; however, if a voter has been permanently certified as requiring voting assistance, there shall be no offense for the failure of the voter to complete the form.
  8. The members of a county board of elections that fails to provide the training to precinct election officers required by KRS 117.187(2) shall be subject to removal by the State Board of Elections.
  9. Any local or state election official, including the Secretary of State, employees of the Secretary, and members of the State Board of Elections and their staff, who knowingly and willfully uses the voter registration roster in violation of KRS 117.025(3)(a), shall, for each offense, be guilty of a Class A misdemeanor.

History. Enact. Acts 1974, ch. 130, § 62; 1978, ch. 71, § 4, effective June 17, 1978; 1978, ch. 224, § 2, effective June 17, 1978; 1986, ch. 287, § 11, effective July 15, 1986; 1988, ch. 341, § 34, effective July 15, 1988; 1990, ch. 48, § 34, effective July 13, 1990; 1990, ch. 476, Pt. V, § 303, effective July 13, 1990; 1992, ch. 65, § 4, effective March 19, 1992; 1994, ch. 394, § 19, effective July 15, 1994; 2008, ch. 79, § 7, effective July 15, 2008; 2019 ch. 23, § 4, effective March 19, 2019.

Legislative Research Commission Note.

(7/13/90). The Act amending this section prevails over the repeal and reenactment in House Bill 940, Acts ch. 476, pursuant to Section 653(1) of Acts ch. 476.

Opinions of Attorney General.

The penalty provision of subsection (1) of this section authorizing a fine of not less than $100 nor more than $1,000, or imprisonment in the county jail for not more than one year, or both, constitutes a misdemeanor, both as to the fine and jail sentence. OAG 79-519 .

117.995. Penalties. [Effective July 15, 2020]

  1. Any person appointed to serve as an election officer but who shall knowingly and willfully fail to serve and who is not excused by the county board of elections for the reasons specified in this chapter shall be guilty of a violation and shall be ineligible to serve as an election officer for a period of five (5) years.
  2. Any county clerk or member of the county board of elections who knowingly and willfully violates any of the provisions of this chapter, including furnishing applications for absentee ballots and federal provisional absentee ballots to persons other than those specified by the provisions of this chapter and failure to type the name of the voter on the application form as required by the provisions of this chapter, shall be guilty of a Class D felony.
  3. Any officer who willfully fails to prepare or furnish ballot labels, federal provisional ballots, federal provisional absentee ballots, or absentee ballots or fails to allow a qualified voter to cast his or her vote on the machine as required of the voter by this chapter shall be guilty of a Class A misdemeanor.
  4. Any election officer who knowingly and willfully violates any of the provisions of this chapter, including failure to enforce the prohibition against electioneering established by KRS 117.235 , shall be guilty of a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense.
  5. Any person who signs a name other than his or her own on an application for an absentee ballot, the verification form for the ballot, an emergency absentee ballot affidavit, a voter or election official affirmation, or any person who votes an absentee ballot other than the one issued in his or her name, or any person who applies for the ballot for the use of anyone other than himself or herself or the person designated by the provisions of this chapter, or any person who makes a false statement on an application for an absentee ballot or on an emergency absentee ballot affidavit shall be guilty of a Class D felony.
  6. Any person who violates any provision of KRS 117.235 or 117.236 related to prohibited activities during absentee voting or on election day, after he or she has been duly notified of the provisions by any precinct election officer, county clerk, deputy county clerk, or other law enforcement official, shall, for each offense, be guilty of a Class A misdemeanor.
  7. Any person who knowingly and willfully prepares or assists in the preparation of an inaccurate or incomplete voter assistance form or fails to complete a voter assistance form when required shall be guilty of a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense; however, if a voter has been permanently certified as requiring voting assistance, there shall be no offense for the failure of the voter to complete the form.
  8. The members of a county board of elections who fail to provide the training to precinct election officers required by KRS 117.187(2) shall be subject to removal by the State Board of Elections.
  9. Any local or state election official, including the Secretary of State, employees of the Secretary, and members of the State Board of Elections and their staff, who knowingly and willfully uses the voter registration roster in violation of KRS 117.025(3)(a) shall, for each offense, be guilty of a Class A misdemeanor.

HISTORY: Enact. Acts 1974, ch. 130, § 62; 1978, ch. 71, § 4, effective June 17, 1978; 1978, ch. 224, § 2, effective June 17, 1978; 1986, ch. 287, § 11, effective July 15, 1986; 1988, ch. 341, § 34, effective July 15, 1988; 1990, ch. 48, § 34, effective July 13, 1990; 1990, ch. 476, Pt. V, § 303, effective July 13, 1990; 1992, ch. 65, § 4, effective March 19, 1992; 1994, ch. 394, § 19, effective July 15, 1994; 2008, ch. 79, § 7, effective July 15, 2008; 2019 ch. 23, § 4, effective March 19, 2019; 2020 ch. 89, § 26, effective July 15, 2020.

CHAPTER 117A Uniform Military and Overseas Voters Act

117A.005. Short title.

This chapter may be cited as the Uniform Military and Overseas Voters Act.

History. Enact. Acts 2013, ch. 131, § 1, effective July 1, 2014.

117A.010. Definitions for chapter.

As used in this chapter, unless the context otherwise requires:

  1. “Covered voter” means:
    1. A uniformed-service voter or an overseas voter who is registered to vote in the Commonwealth of Kentucky;
    2. A uniformed-service voter defined in subsection (9)(a) of this section whose voting residence is in the Commonwealth of Kentucky and who otherwise satisfies the Commonwealth of Kentucky’s voter eligibility requirements;
    3. An overseas voter who, before leaving the United States, was last eligible to vote in the Commonwealth of Kentucky and, except for his or her absence from the state, otherwise satisfies the Commonwealth of Kentucky’s voter eligibility requirements;
    4. An overseas voter who, before leaving the United States, would have been last eligible to vote in the Commonwealth of Kentucky had the voter then been of voting age and, except for his or her absence from the state, otherwise satisfies the Commonwealth of Kentucky’s voter eligibility requirements; or
    5. An overseas voter who was born outside the United States, is not described in paragraph (c) or (d) of this subsection, and, except for his or her absence from the state, otherwise satisfies the Commonwealth of Kentucky’s voter eligibility requirements, if:
      1. The last place where a parent or legal guardian of the voter was, or under this chapter would have been, eligible to vote before leaving the United States is within the Commonwealth of Kentucky; and
      2. The voter has not previously registered to vote in any other state;
  2. “Dependent” means an individual recognized as a dependent by a uniformed service;
  3. “Federal postcard application” means the application prescribed under the Registration and Voting by Absent Uniformed Services Voters and Overseas Voters in Elections for Federal Office Act, 52 U.S.C. secs. 20301 to 20311;
  4. “Federal write-in absentee ballot” means the ballot described in the Registration and Voting by Absent Uniformed Services Voters and Overseas Voters in Elections for Federal Office Act, 52 U.S.C. secs. 20301 to 20311;
  5. “Military-overseas ballot” means:
    1. A federal write-in absentee ballot;
    2. A ballot specifically prepared or distributed for use by a covered voter in accordance with this chapter; or
    3. A ballot cast by a covered voter in accordance with this chapter;
  6. “Overseas voter” means a United States citizen who is outside the United States;
  7. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States;
  8. “Uniformed service” means:
    1. Active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States;
    2. The Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or
    3. The National Guard and state militia;
  9. “Uniformed-service voter” means an individual who is qualified to vote and is:
    1. A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States who is on active duty;
    2. A member of the Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States;
    3. A member on activated status of the National Guard or state militia; or
    4. A spouse or dependent of a member referred to in this subsection; and
  10. “United States,” used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.

History. Enact. Acts 2013, ch. 131, § 2, effective July 1, 2014; 2019 ch. 23, § 5, effective March 19, 2019.

117A.020. Elections to which voting procedures apply.

The voting procedures in this chapter apply to:

  1. A primary, regular, or special election for federal office;
  2. A primary, regular, or special election for statewide or state legislative office or concerning a state ballot measure; and
  3. A primary, regular, or special election for county or local government office, judicial office, Commonwealth’s attorney, property valuation administrator, school board members, and circuit clerk or concerning a local ballot measure for which in-person or mail-in absentee voting is available for other qualified voters.

History. Enact. Acts 2013, ch. 131, § 3, effective July 1, 2014.

117A.030. Powers and duties of State Board of Elections.

  1. The State Board of Elections is responsible for implementing this chapter and the Commonwealth of Kentucky’s responsibilities under the Registration and Voting by Absent Uniformed Services Voters and Overseas Voters in Elections for Federal Office Act, 52 U.S.C. secs. 20301 to 20311.
  2. The State Board of Elections shall have the authority to promulgate administrative regulations necessary to implement this chapter.
  3. The State Board of Elections shall make available to covered voters information regarding voter registration procedures for covered voters and procedures for casting military-overseas ballots.
  4. The State Board of Elections shall establish an electronic transmission system through which a covered voter may apply for and receive voter registration materials, military-overseas ballots, and other information authorized under this chapter.
  5. The State Board of Elections shall:
    1. Develop standardized absentee-voting materials, including privacy and ransmission envelopes and their electronic equivalents, authentication materials, and voting instructions, to be used with the military-overseas ballot of a voter authorized to vote in any jurisdiction in the Commonwealth of Kentucky; and
    2. To the extent reasonably possible, coordinate with other states to carry out this section.
  6. The State Board of Elections shall prescribe the form and content of a declaration for use by a covered voter to swear or affirm specific representations pertaining to the voter’s identity, eligibility to vote, status as a covered voter, and timely and proper completion of a military-overseas ballot. The declaration shall be based on the declaration prescribed to accompany a federal write-in absentee ballot, as modified to be consistent with this chapter. The State Board of Elections shall ensure that a form for the execution of the declaration, including an indication of the date of execution of the declaration, is a prominent part of all balloting materials for which the declaration is required.

History. Enact. Acts 2013, ch. 131, § 4, effective July 1, 2014; 2019 ch. 23, § 6, effective March 19, 2019.

117A.040. Voting precinct and address of overseas voter — Administrative regulations.

  1. In registering to vote, an overseas voter who is eligible to vote in the Commonwealth of Kentucky shall use and shall be assigned to the voting precinct of the address of the last place of residence of the voter in the Commonwealth of Kentucky, or, in the case of a voter described by KRS 117A.010(1)(e), the address of the last place of residence in the Commonwealth of Kentucky of the parent or legal guardian of the voter. If that address is no longer a recognized residential address, the voter shall be assigned an address for voting purposes.
  2. The State Board of Elections shall promulgate administrative regulations covering the procedures for assigning an address for voting purposes for an overseas voter whose last place of residence is no longer a recognized residential address, provided that any regulations promulgated under this section shall specify that the overseas voter’s assigned address shall be located in the same voting precinct as the overseas voter’s last place of residence would have been located if the address were still a recognized residential address.

History. Enact. Acts 2013, ch. 131, § 5, effective July 1, 2014; 2019 ch. 23, § 7, effective March 19, 2019.

117A.050. Registration to vote — Postcard application or equivalent — Declaration accompanying federal ballot — Electronic transmission system.

  1. To apply to register to vote, in addition to any other approved method, a covered voter may use a federal postcard application, or the application’s electronic equivalent.
  2. A covered voter may use the declaration accompanying a federal write-in absentee ballot to apply to register to vote simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received during the period registration is open under KRS 116.045 . If the declaration is received after the last day of registration under KRS 116.045 , it shall be treated as an application to register to vote for subsequent elections.
  3. The State Board of Elections shall ensure that the electronic transmission system described in KRS 117A.030(4) is capable of accepting both a federal postcard application and any other approved electronic registration application sent to the appropriate election official. The voter may use the electronic transmission system or any other approved method to register to vote.

History. Enact. Acts 2013, ch. 131, § 6, effective July 1, 2014; 2019 ch. 23, § 8, effective March 19, 2019.

117A.060. Application by covered voter — Declaration — Informing election official that voter is covered.

  1. A covered voter who is registered to vote in the Commonwealth of Kentucky may apply for a military-overseas ballot using either the regular absentee ballot application in use in the voter’s jurisdiction under KRS 117.085 , the federal postcard application, or the application’s electronic equivalent.
  2. A covered voter who is not registered to vote in the Commonwealth of Kentucky may use a federal postcard application, or the application’s electronic equivalent, to apply simultaneously to register to vote under KRS 117A.050 , and for a military-overseas ballot.
  3. The State Board of Elections shall ensure that the electronic transmission system described in KRS 117A.030(4) is capable of accepting the submission of both a federal postcard application and any other approved electronic military-overseas ballot application sent to the appropriate election official. The covered voter may use the electronic transmission system or any other approved method to apply for a military-overseas ballot.
  4. A covered voter may use the declaration accompanying a federal write-in absentee ballot as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received by the appropriate election official by the close of business hours seven (7) days before the election.
  5. To receive the benefits of this chapter, a covered voter shall inform the appropriate election official that the voter is a covered voter. Methods of informing the appropriate election official that a voter is a covered voter include:
    1. The use of a federal postcard application or federal write-in absentee ballot; and
    2. The use of the electronic transmission system established under KRS 117A.030(4).
  6. This chapter does not preclude a covered voter from voting using the regular absentee ballot provisions under KRS 117.077 , 117.085 , and 117.086 .

History. Enact. Acts 2013, ch. 131, § 7, effective July 1, 2014; 2019 ch. 23, § 9, effective March 19, 2019; 2019 ch. 112, § 6, effective June 27, 2019.

Legislative Research Commission Note.

(6/27/2019). This statute was amended by 2019 Ky. Acts chs. 23 and 112, which do not appear to be in conflict and have been codified together.

117A.070. Application for military-overseas ballot.

An application for a military-overseas ballot is timely if received by the close of business hours seven (7) days before the election. An application for a military-overseas ballot for a primary, whether or not timely, is effective as an application for a military-overseas ballot for the regular election.

History. Enact. Acts 2013, ch. 131, § 8, effective July 1, 2014; 2019 ch. 112, § 7, effective June 27, 2019.

Legislative Research Commission Note.

(6/27/2019). This statute was inadvertently included in 2019 Ky. Acts ch. 112, as sec.7, but was not amended.

117A.080. Transmission of ballot and balloting materials to covered voters — Electronic transmission.

  1. For an election described in KRS 117A.020 , not later than forty-five (45) days before the election or, if the forty-fifth day before the election is a weekend or holiday, not later than the business day preceding the forty-fifth day, the election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit a ballot and balloting materials to all covered voters who by that date submit a valid military-overseas ballot application.
  2. A covered voter who requests that a ballot and balloting materials be sent to the voter by electronic transmission may choose facsimile transmission or the electronic transmission system established under KRS 117A.030(4). The election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit the ballot and balloting materials to the voter using the means of transmission chosen by the voter.
  3. If a ballot application from a covered voter arrives fewer than forty-five (45) days before the election, the official charged with distributing a ballot and balloting materials shall transmit them to the voter not later than three (3) business days after the application arrives.

History. Enact. Acts 2013, ch. 131, § 9, effective July 1, 2014.

117A.090. Deadline for valid military-overseas ballot.

To be valid, a military-overseas ballot shall be received by the appropriate local election official not later than the time established by the election laws generally for the closing of the polls, which time shall not include the extra hour during which those voters may vote who were waiting in line to vote at the scheduled poll closing time.

History. Enact. Acts 2013, ch. 131, § 10, effective July 1, 2014.

117A.100. Use of federal write-in absentee ballot.

A covered voter may use a federal write-in absentee ballot to vote for all offices and ballot measures in an election described in KRS 117A.020 .

History. Enact. Acts 2013, ch. 131, § 11, effective July 1, 2014.

117A.110. Counting of valid military-overseas ballot.

A valid military-overseas ballot cast in accordance with KRS 117A.090 shall be counted if it is received by the appropriate local election official not later than the time established by the election laws generally for the closing of the polls, which time shall not include the extra hour during which those voters may vote who were waiting in line to vote at the scheduled poll closing time, and the ballot may not be rejected on the basis that it has a late postmark, an unreadable postmark, or no postmark.

History. Enact. Acts 2013, ch. 131, § 12, effective July 1, 2014.

117A.120. Declaration concerning material misstatement of fact.

A military-overseas ballot shall include or be accompanied by a declaration signed by the voter that a material misstatement of fact in completing the ballot may be grounds for a conviction of perjury under the laws of the United States or the Commonwealth of Kentucky.

History. Enact. Acts 2013, ch. 131, § 13, effective July 1, 2014.

117A.130. Electronic information about receipt of application and ballot.

The State Board of Elections, in coordination with local election officials, shall implement an electronic free-access system by which a covered voter may determine by telephone, electronic mail, or Internet whether:

  1. The voter’s federal postcard application or other registration or military-overseas ballot application has been received and accepted; and
  2. The voter’s military-overseas ballot has been received.

History. Enact. Acts 2013, ch. 131, § 14, effective July 1, 2014; 2019 ch. 23, § 10, effective March 19, 2019.

117A.140. Electronic mail address — Standing request for electronic delivery.

  1. The local election official shall request an electronic mail address from each covered voter who applies to register to vote after July 1, 2014. An electronic mail address provided by any voter may not be made available to the public or any individual or organization other than an authorized agent of the local election official and is exempt from disclosure under the Kentucky Open Records Act, KRS 61.870 to 61.884 . The address may be used only for official communication with the voter about the voting process, including transmitting military-overseas ballots and election materials if the voter has requested electronic transmission, and verifying the voter’s mailing address and physical location. The request for an electronic mail address shall describe the purposes for which the electronic mail address may be used and include a statement that any other use or disclosure of the electronic mail address is prohibited.
  2. A covered voter who provides an electronic mail address may request that the voter’s application for a military-overseas ballot be considered a standing request for electronic delivery of a ballot for all elections held after the date of the application through the next regular election or December 31 of the year of the application, whichever is later, or another shorter period the voter specifies. An election official shall provide a military-overseas ballot to a voter who makes a standing request for each election to which the request is applicable. A covered voter who is entitled to receive a military-overseas ballot for a primary under this subsection is entitled to receive a military-overseas ballot for the regular election.

History. Enact. Acts 2013, ch. 131, § 15, effective July 1, 2014.

117A.150. Sample ballot.

  1. At least fifty (50) days before a regularly scheduled election and forty-five (45) days before an election not regularly scheduled, an official in each jurisdiction charged with printing and distributing ballots and balloting material shall make available a sample ballot that includes all of the ballot measures and federal, state, and local offices provided in KRS 117A.020 that will be on the ballot on the date of the election, and shall provide an electronic copy of the sample ballot to the Secretary of State and to the State Board of Elections.
  2. The State Board of Elections, Secretary of State, and any local election jurisdiction that maintains an Internet Web site shall make the sample ballot required under subsection (1) of this section available on their Web sites.
  3. A covered voter may request a copy of a sample ballot from the Secretary of State, the local election official, or the State Board of Elections, who shall send the sample ballot to the voter by facsimile, electronic mail, or regular mail, as the voter requests.

History. Enact. Acts 2013, ch. 131, § 16, effective July 1, 2014; 2019 ch. 23, § 11, effective March 19, 2019.

117A.160. Mistakes and omissions that do not invalidate documents or ballots — Notarization or authentication not required.

  1. If a voter’s mistake or omission in the completion of a document under this chapter does not prevent determining whether a covered voter is eligible to vote, the mistake or omission does not invalidate the document. Failure to satisfy a nonsubstantive requirement, such as using paper or envelopes of a specified size or weight, does not invalidate a document submitted under this chapter. In a write-in ballot authorized by this chapter or in a vote for a write-in candidate on a regular ballot, if the intention of the voter is discernible under the Commonwealth of Kentucky’s uniform definition of what constitutes a vote, an abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party shall be accepted as a valid vote.
  2. Notarization is not required for the execution of a document under this chapter. An authentication, other than the declaration specified in KRS 117A.120 or the declaration on the federal postcard application and federal write-in absentee ballot, is not required for execution of a document under this chapter. The declaration and any information in the declaration may be compared with information on file to ascertain the validity of the document.

History. Enact. Acts 2013, ch. 131, § 17, effective July 1, 2014.

117A.170. Injunction and other equitable relief.

A court may issue an injunction or grant other equitable relief appropriate to ensure substantial compliance with, or enforce, this chapter on application by:

  1. A covered voter alleging a grievance under this chapter; or
  2. An election official in the Commonwealth of Kentucky.

History. Enact. Acts 2013, ch. 131, § 18, effective July 1, 2014.

117A.180. Application and construction.

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

History. Enact. Acts 2013, ch. 131, § 19, effective July 1, 2014.

117A.190. Chapter may modify or supersede federal act.

To the extent permitted by Section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 15 U.S.C. sec. 7002 , this chapter may modify or supersede provisions of that act.

History. Enact. Acts 2013, ch. 131, § 20, effective July 1, 2014.

CHAPTER 118 Conduct of Elections

118.010. “Election” defined — Application of chapter. [Repealed.]

Compiler’s Notes.

This section (1437) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 118.015 .

118.015. Definitions. [Effective until July 15, 2020]

As used in this chapter, unless the context otherwise requires:

  1. A  “political party” is an affiliation or organization of electors  representing a political policy and having a constituted authority for its  government and regulation, and whose candidate received at least twenty percent  (20%) of the total vote cast at the last preceding election at which presidential  electors were voted for;
  2. The  word “election” used in reference to a state, district, county,  or city election, includes the decisions of questions submitted to the qualified  voters as well as the choice of officers by them;
  3. A  “ballot” or “official ballot” means the voting machine  ballot label, ballot cards, paper ballots, an absentee ballot, or a supplemental  paper ballot which has been authorized for the use of the voters in any primary,  general, or special election by the Secretary of State or the county clerk;
  4. “Ballot  label” means the cards, papers, booklet, pages, or other material on  which appear the names of candidates and the questions to be voted on by means  of ballot cards or voting machines;
  5. “Ballot  card” means a tabulating card on which votes may be recorded by a voter  by use of a voting punch device or by marking with a pen or special marking  device;
  6. “Voting  machine” or “machine” shall include lever machines and,  as far as applicable, any electronic or electromechanical unit and supplies  utilized or relied upon by a voter in casting and recording his votes in an  election;
  7. The  word “resident” used in reference to a candidate in a state, district,  county, or city election shall mean actual resident, without regard to the  residence of the spouse of the candidate;
  8. “Political  organization” means a political group not constituting a political party  within the meaning of subsection (1) of this section but whose candidate received  two percent (2%) or more of the vote of the state at the last preceding election  for presidential electors; and
  9. “Political  group” means a political group not constituting a political party or  a political organization within the meaning of subsections (1) and (8) of  this section.

History. Enact. Acts 1974, ch. 130, § 97; 1976 (Ex. Sess.), ch. 1, § 1; 1978, ch. 384, § 252, effective June 17, 1978; 1982, ch. 295, § 2, effective July 15, 1982; 1982, ch. 360, § 41, effective July 15, 1982; 1982, ch. 402, § 6, effective January 1, 1984; 1990, ch. 48, § 35, effective July 13, 1990; 1998, ch. 2, § 1, effective July 15, 1998; 2002, ch. 63, § 9, effective July 15, 2002.

NOTES TO DECISIONS

1. Contesting Elections.

An action contesting the primary election of city commissioners for a second-class city with a city manager form of government was dismissed, since KRS 118.015 to 118.035 , and 118.105 to 118.255 make no provision for such proceedings and KRS 118.105 (4) expressly excludes this type of office from the provisions of the chapter. Thompson v. Kenton County Board of Election Com., 535 S.W.2d 68, 1975 Ky. LEXIS 4 ( Ky. 1975 ), cert. denied, 423 U.S. 1083, 96 S. Ct. 873, 47 L. Ed. 2d 94, 1976 U.S. LEXIS 1215 (U.S. 1976).

2. Residence.

The proper statutory standard to determine the residence of a nonpartisan judicial candidate is set out in subsection (7) of this section, which states that the word “residence,” used in reference to a candidate, shall mean actual residence of the candidate, without regard to the residence of the spouse of the candidate. Noble v. Meagher, 686 S.W.2d 458, 1985 Ky. LEXIS 207 ( Ky. 1985 ).

In determining the residency of a candidate, the principal focus must be on the residence of the candidate, as distinguished from the location of his family. Noble v. Meagher, 686 S.W.2d 458, 1985 Ky. LEXIS 207 ( Ky. 1985 ).

The appellant was not a resident of the county in which he wished to run for judicial office where (1) he moved to a different county and obtained a driver’s license there, and (2) although he maintained a law office in the county in which he wished to run and sometimes spent nights there or at a nearby hotel, he did not actually live at either of those places. Mobley v. Armstrong, 978 S.W.2d 307, 1998 Ky. LEXIS 108 ( Ky. 1998 ).

3. Judicial Officers.

As respects judicial officers there is no requirement that the nomination be made by a major political party nor by a minor political party. Mann v. Cornett, 445 S.W.2d 853, 1969 Ky. LEXIS 185 ( Ky. 1969 ) (decided under prior law).

4. Judicial Notice.

The court will take judicial notice of the fact that a certain political organization did not cast 20 percent of the votes at the last presidential election. Eagle v. Cox, 268 Ky. 58 , 103 S.W.2d 682, 1937 Ky. LEXIS 411 ( Ky. 1937 ) (decided under prior law).

5. Investigation by Court.

Courts will not investigate the government, usages, rules or doctrines of a political party or attempt to determine between conflicting claimants rights growing out of its government, since political parties are voluntary associations for political purposes governed by their own usages and rules. Smith v. Howard, 275 Ky. 165 , 120 S.W.2d 1040, 1938 Ky. LEXIS 387 ( Ky. 1938 ) (decided under prior law).

6. City Elections.

Elections for city officers must be held under general election laws. Rice v. Mountz, 123 Ky. 590 , 96 S.W. 887, 29 Ky. L. Rptr. 1035 , 1906 Ky. LEXIS 188 ( Ky. 1906 ). See Fidelity Trust & Safety Vault Co. v. Mayor, etc. of Morganfield, 96 Ky. 563 , 29 S.W. 442, 16 Ky. L. Rptr. 647 , 1895 Ky. LEXIS 126 ( Ky. 1895 ), overruled, Belknap v. Louisville, 99 Ky. 474 , 36 S.W. 1118, 18 Ky. L. Rptr. 313 , 1896 Ky. LEXIS 122 ( Ky. 1896 ) (decided under prior law).

7. Miscellaneous.

In a case in which two minor political parties primarily challenged the inability of a political association to convert from political group to political organization status without obtaining two percent of the presidential vote, Kentucky's current ballot access scheme did not impose a severe burden on the parties, and the challenged restriction did not completely deprive them of ballot access. Libertarian Party of Ky. v. Grimes, 194 F. Supp. 3d 568, 2016 U.S. Dist. LEXIS 88633 (E.D. Ky.), aff'd, 835 F.3d 570, 2016 FED App. 0212P, 2016 U.S. App. LEXIS 15772 (6th Cir. Ky. 2016 ).

Opinions of Attorney General.

“Independent” is not, strictly speaking, a “political party” as defined in subsection (1) of this section. OAG 75-185 .

In order for a political party to be listed on the individual income tax form for the purpose of a political party fund check-off, the party must meet the definition provided in this section. OAG 77-153 .

Where a person files as an independent candidate for the primary for justice of the peace, but the last preceding presidential election did not have an independent party, the candidate could not file, since under the terms of this section, KRS 118.105 and 118.125 , only qualifying members of the major parties, defined as those receiving at least 20 percent of the vote in the last election for presidential electors, may participate in the May primary election. OAG 81-126 .

The Reform Party was not entitled to utilize a presidential preference primary in the year 2000, regardless of whether it garnered more than 10% of the vote for Governor and Lieutenant Governor in the 1999 general election or had registration equal to ten (10) percent of the total registered voters in Kentucky since it received less than 20% of the total votes cast in the last presidential general election. OAG 00-1 .

Research References and Practice Aids

Kentucky Bench & Bar.

Bartlett, The Selection and Election of Judges in Kentucky, Vol. 53, No. 3, Summer 1989, Ky. Bench & Bar 26.

ALR

Power to enjoin holding of an election. 33 A.L.R. 1376; 70 A.L.R. 733.

Administrative or executive boards or officers, availability of writ of prohibition as means of controlling — elections, matters relating to. 115 A.L.R. 24; 159 A.L.R. 627; 159 A.L.R. 634.

Political principles or affiliations as ground for refusal of government officials to take steps necessary to representation of party or candidate upon official ticket. 130 A.L.R. 1471.

Election as game of chance. 135 A.L.R. 167.

Excess or illegal ballots, treatment of, when it is not known for which candidate or upon which side of a proposition they were cast. 155 A.L.R. 677.

Notice of election to fill vacancy in office at general election. 158 A.L.R. 1184.

Compelling election officers to withdraw or change returns, as affected by nonexistence of power of officer to withdraw or change. 168 A.L.R. 864.

Effective date of census — election matters. 43 A.L.R.2d 1358.

118.015. Definitions for chapter. [Effective July 15, 2020]

As used in this chapter, unless the context otherwise requires:

  1. A “political party” is an affiliation or organization of electors representing a political policy and having a constituted authority for its government and regulation, and whose candidate received at least twenty percent (20%) of the total vote cast at the last preceding election at which presidential electors were voted for;
  2. The word “election” used in reference to a state, district, county, or city election, includes the decisions of questions submitted to the qualified voters as well as the choice of officers by them;
  3. A “ballot” or “official ballot” means the voting machine ballot label, ballot cards, paper ballots, an absentee 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;
  4. “Ballot label” means the cards, papers, booklet, pages, or other material on which appear the names of candidates and the questions to be voted on by means of ballot cards or voting machines;
  5. “Ballot card” means a tabulating card on which votes may be recorded by a voter by use of a voting punch device or by marking with a pen or special marking device;
  6. “Voting machine” or “machine” shall include lever machines and, as far as applicable, any electronic or electromechanical unit and supplies utilized or relied upon by a voter in casting and recording his or her votes in an election;
  7. The word “resident” used in reference to a candidate in a state, district, county, or city election shall mean actual resident, without regard to the residence of the spouse of the candidate;
  8. “Political organization” means a political group not constituting a political party within the meaning of subsection (1) of this section but whose candidate received two percent (2%) or more of the vote of the state at the last preceding election for presidential electors; and
  9. “Political group” means a political group not constituting a political party or a political organization within the meaning of subsections (1) and (8) of this section.

HISTORY: Enact. Acts 1974, ch. 130, § 97; 1976 (Ex. Sess.), ch. 1, § 1; 1978, ch. 384, § 252, effective June 17, 1978; 1982, ch. 295, § 2, effective July 15, 1982; 1982, ch. 360, § 41, effective July 15, 1982; 1982, ch. 402, § 6, effective January 1, 1984; 1990, ch. 48, § 35, effective July 13, 1990; 1998, ch. 2, § 1, effective July 15, 1998; 2002, ch. 63, § 9, effective July 15, 2002; 2020 ch. 89, § 27, effective July 15, 2020.

118.020. Voting to be by secret ballot. [Repealed.]

Compiler’s Notes.

This section (1446) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 118.025 .

118.025. Voting to be by secret ballot on voting machines — General laws applicable — Time for holding elections. [Effective until July 15, 2020]

  1. Except as otherwise provided by law, voting in all elections shall be by secret ballot on voting machines.
  2. The general laws applying to regular, special, and primary elections shall apply to elections conducted with the use of voting machines, and all provisions of the general laws applying to the custody of ballot boxes shall apply, as far as applicable, to the custody of the voting machine.
  3. Primary elections for the nomination of candidates or slates of candidates to be voted for at the next regular election shall be held on the first Tuesday after the third Monday in May of each year.
  4. The election of all officers of all governmental units shall be held on the first Tuesday after the first Monday in November.
  5. If the law authorizes the calling of a special election on a day other than the day of the regular election in November, the election shall be held on a Tuesday.
  6. If the law requires that a special election be held within a period of time during which the voting machines must be locked as required by KRS 117.295 , the special election shall be held on the fourth Tuesday following the expiration of the period during which the voting machines are locked.

History. Enact. Acts 1974, ch. 130, § 98; 1982, ch. 402, § 3, effective January 1, 1984; 1984, ch. 44, § 6, effective March 2, 1984; 1986, ch. 29, § 12, effective July 15, 1986; 1990, ch. 431, § 1, effective July 13, 1990; 1992, ch. 288, § 38, effective July 14, 1992; 1992, ch. 296, § 7, effective July 14, 1992; 1994, ch. 394, § 20, effective July 15, 1994; 1996, ch. 195, § 13, effective July 15, 1996; 2000, ch. 261, § 2, effective July 14, 2000; 2002, ch. 262, § 1, effective July 15, 2002; 2008, ch. 129, § 6, effective July 15, 2008.

NOTES TO DECISIONS

1. Secrecy.

The secrecy of the ballot is the fundamental idea of all elections. Banks v. Sergent, 104 Ky. 843 , 20 Ky. L. Rptr. 1024 , 48 S.W. 149, 1898 Ky. LEXIS 230 ( Ky. 1898 ), overruled in part, Widick v. Ralston, 303 Ky. 373 , 197 S.W.2d 261, 1946 Ky. LEXIS 880 (1946), overruled on other grounds, Widick v. Ralston, 303 Ky. 373 , 197 S.W.2d 261, 1946 Ky. LEXIS 880 ( Ky. 1946 ) (decided under prior law).

Where election officers permitted such irregularities that secrecy of ballot was not preserved, entire vote of precinct would be disregarded. Banks v. Sergent, 104 Ky. 843 , 20 Ky. L. Rptr. 1024 , 48 S.W. 149, 1898 Ky. LEXIS 230 ( Ky. 1898 ), overruled in part, Widick v. Ralston, 303 Ky. 373 , 197 S.W.2d 261, 1946 Ky. LEXIS 880 (1946), overruled on other grounds, Widick v. Ralston, 303 Ky. 373 , 197 S.W.2d 261, 1946 Ky. LEXIS 880 ( Ky. 1946 ) (decided under prior law).

An essential requirement of a valid election is that the ballot shall be secret, and statutes necessary to effect that end are mandatory, but mere irregularities of election officers and voters, which do not affect the secrecy of the ballot, will not vitiate the election nor affect the validity of a vote. Marilla v. Ratterman, 209 Ky. 409 , 273 S.W. 69, 1925 Ky. LEXIS 513 ( Ky. 1925 ) (decided under prior law).

2. Testimony as to Vote.

A voter may testify as to how he voted. Tunks v. Vincent, 106 Ky. 829 , 51 S.W. 622, 21 Ky. L. Rptr. 475 , 1899 Ky. LEXIS 111 ( Ky. 1899 ) (decided under prior law).

Illegal votes cast by secret ballot may be relied on to show the general uncertainty of an election, without proving for whom they were cast. Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ) (decided under prior law).

An illegal voter may testify as to how he voted, and a legal voter may testify as to how he voted on a ballot illegally cast. A voter who has voted illegally may be compelled to testify how he voted, unless there is a criminal penalty for the particular kind of illegality involved and the voter claims immunity on the ground of self-incrimination. Vansant v. McPherson, 155 Ky. 34 , 159 S.W. 630, 1913 Ky. LEXIS 190 ( Ky. 1913 ). See Tunks v. Vincent, 106 Ky. 829 , 51 S.W. 622, 21 Ky. L. Rptr. 475 , 1899 Ky. LEXIS 111 ( Ky. 1899 ); Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ); Skain v. Milward, 138 Ky. 200 , 127 S.W. 773, 1910 Ky. LEXIS 61 ( Ky. 1910 ); Heitzman v. Voiers, 155 Ky. 39 , 159 S.W. 625, 1913 Ky. LEXIS 189 ( Ky. 1913 ); Black v. Spillman, 185 Ky. 201 , 215 S.W. 28, 1919 Ky. LEXIS 269 ( Ky. 1919 ) (decided under prior law).

A voter who cast his vote after closing time may be compelled to testify for whom he voted, since there is no criminal penalty for voting after hours. Vansant v. McPherson, 155 Ky. 34 , 159 S.W. 630, 1913 Ky. LEXIS 190 ( Ky. 1913 ). See Hogg v. Caudill, 254 Ky. 409 , 71 S.W.2d 1020, 1934 Ky. LEXIS 105 ( Ky. 1934 ) (decided under prior law).

A voter in a primary election may be compelled to testify as to how he cast his vote. Runyon v. Trent, 270 Ky. 134 , 109 S.W.2d 396, 1937 Ky. LEXIS 40 ( Ky. 1937 ) (decided under prior law).

3. Secondary Evidence on Voting.

Where there was conflicting evidence as to whether a certain voter was of sound mind, the mere proof that he was a member of a certain political party would not be sufficient to establish that he voted for the candidates of that party. Edwards v. Logan, 114 Ky. 312 , 70 S.W. 852, 75 S.W. 257, 24 Ky. L. Rptr. 1099 , 25 Ky. L. Rptr. 435 , 1902 Ky. LEXIS 164 ( Ky. 1902 ) (decided under prior law).

Proof that a voter made statements after election that he had voted for a certain candidate, or for all of the candidates of a certain party, was hearsay evidence and not admissible to prove how such voter voted. Edwards v. Logan, 114 Ky. 312 , 70 S.W. 852, 75 S.W. 257, 24 Ky. L. Rptr. 1099 , 25 Ky. L. Rptr. 435 , 1902 Ky. LEXIS 164 ( Ky. 1902 ) (decided under prior law).

Evidence that a voter was a member of a certain political party was not sufficient to establish that he voted for the candidates of that party at a general election. Felts v. Edwards, 181 Ky. 287 , 204 S.W. 145 ( Ky. 1918 ). But see Tunks v. Vincent, 106 Ky. 829 , 51 S.W. 622, 21 Ky. L. Rptr. 475 , 1899 Ky. LEXIS 111 ( Ky. 1899 ) (decided under prior law).

The fact that voters subpoenaed by contestant did not appear, though coupled with evidence that they were friends of contestee, was not sufficient to establish that they had voted for contestee. Alsip v. Perkins, 236 Ky. 5 , 36 Ky. 5 , 32 S.W.2d 565, 1930 Ky. LEXIS 684 ( Ky. 1930 ) (decided under prior law).

4. School Elections.

School elections are exempted from the general requirement of a secret ballot by Const., § 155. Moss v. Riley, 102 Ky. 1 , 43 S.W. 421, 19 Ky. L. Rptr. 993 , 1897 Ky. LEXIS 104 ( Ky. 1 897) (decided under prior law).

5. School Subdistrict Tax Elections.

In school subdistrict tax elections, secret ballot should be used. Gill v. Board of Education, 288 Ky. 790 , 156 S.W.2d 844, 1941 Ky. LEXIS 142 ( Ky. 1941 ) (decided under prior law).

118.025. Voting to be by secret ballot on voting machines — General laws applicable — Time for holding elections. [Effective July 15, 2020]

  1. Except as otherwise provided by law, voting in all primaries and elections shall be by secret ballot on voting machines.
  2. The general laws applying to primaries, regular, and special elections shall apply to primaries, regular, and special elections conducted with the use of voting machines, and all provisions of the general laws applying to the custody of ballot boxes shall apply, as far as applicable, to the custody of the voting machine.
  3. Primaries for the nomination of candidates to be voted for at the next regular election shall be held on the first Tuesday after the third Monday in May of each year.
  4. The election of all officers of all governmental units shall be held on the first Tuesday after the first Monday in November.
  5. If the law authorizes the calling of a special election on a day other than the day of the regular election in November, the election shall be held on a Tuesday.
  6. If the law requires that a special election be held within a period of time during which the voting machines must be locked as required by KRS 117.295 , the special election shall be held on the fourth Tuesday following the expiration of the period during which the voting machines are locked.

HISTORY: Enact. Acts 1974, ch. 130, § 98; 1982, ch. 402, § 3, effective January 1, 1984; 1984, ch. 44, § 6, effective March 2, 1984; 1986, ch. 29, § 12, effective July 15, 1986; 1990, ch. 431, § 1, effective July 13, 1990; 1992, ch. 288, § 38, effective July 14, 1992; 1992, ch. 296, § 7, effective July 14, 1992; 1994, ch. 394, § 20, effective July 15, 1994; 1996, ch. 195, § 13, effective July 15, 1996; 2000, ch. 261, § 2, effective July 14, 2000; 2002, ch. 262, § 1, effective July 15, 2002; 2008, ch. 129, § 6, effective July 15, 2008; 2020 ch. 88, § 5, effective July 15, 2020.

118.030. Time of holding regular elections. [Repealed.]

Compiler’s Notes.

This section (1520) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 118.025 .

118.035. Hours polls to be open — Employees to be allowed time off to vote, to apply for or execute absentee ballot, and to serve or train to be election officer.

  1. The polls shall be opened on the day of a primary, special election, or regular election at 6 a.m., prevailing time, and shall remain open until each voter who is waiting in line at the polls at 6 p.m., prevailing time, has voted. At 6 p.m., prevailing time, if voters are waiting at the polls to vote, the precinct election sheriff shall announce that a voter wishing to vote must immediately get in line. When all voters waiting at the polls at that time are in line, the precinct election sheriff shall then determine which voter is the last in line, and that voter shall be the last voter permitted to vote. The precinct election sheriff shall wait in line with the last voter who shall be permitted to vote until that voter has voted and shall inform a voter who subsequently arrives at the polls that no one shall be permitted to vote after the last voter in line at 6 p.m., prevailing time. After the last voter waiting in line at 6 p.m., prevailing time, has voted, the polls shall then be closed.
  2. As provided in Section 148 of the Constitution of Kentucky, any person entitled to a vote at any election in this state shall, if he has made application for leave prior to the day he appears before the county clerk to request an application for or to execute an absentee ballot, be entitled to absent himself from any services or employment in which he is then engaged or employed for a reasonable time, but not less than four (4) hours on the day he appears before the clerk to request an application for or to execute an absentee ballot, during normal business hours of the office of the clerk or to cast his ballot on the day of the election between the time of opening and closing the polls. The employer may specify the hours during which an employee may absent himself.
  3. No person shall be penalized for taking a reasonable time off to vote, unless, under circumstances which did not prohibit him from voting, he fails to vote. Any qualified voter who exercises his right to voting leave under this section but fails to cast his vote, under circumstances which did not prohibit him from voting, may be subject to disciplinary action.
  4. Any person selected to serve as an election officer shall be entitled to absent himself from any services or employment in which he is then engaged or employed for a period of an entire day to attend training or to serve as an election officer. The person shall not, because of so absenting himself, be liable to any penalty. The employer may specify the hours during which the employee may absent himself. No person shall refuse an employee the privilege hereby conferred, or discharge or threaten to discharge an employee or subject an employee to a penalty, because of the exercise of the privilege.

History. Enact. Acts 1974, ch. 130, § 99; 1986, ch. 287, § 12, effective July 15, 1986; 1988, ch. 341, § 35, effective July 15, 1988; 1990, ch. 26, § 1, effective July 13, 1990; 1990, ch. 48, § 36, effective July 13, 1990; 1998, ch. 4, § 1, effective July 15, 1998; 2008, ch. 129, § 7, effective July 15, 2008.

NOTES TO DECISIONS

1. Constitutionality.

The provision of former section requiring employers to pay employees during four-hour period allowed for voting, was unconstitutional. Illinois C. R. Co. v. Commonwealth, 305 Ky. 632 , 204 S.W.2d 973, 1947 Ky. LEXIS 869 ( Ky. 1947 ), cert. denied, Kentucky v. Illinois C. R. Co., 334 U.S. 843, 68 S. Ct. 1511, 92 L. Ed. 1767, 1948 U.S. LEXIS 2004 (1948), cert. denied, Kentucky v. Illinois C. R. Co., 334 U.S. 843, 68 S. Ct. 1511, 92 L. Ed. 1767, 1948 U.S. LEXIS 2004 (1948) (decided under prior law).

2. Opening of Polls.

Where polls in one precinct were not opened until noon, because of wrongful and illegal conduct of election officers, and at time polls were closed at 4 p. m. there were from 35 to 75 persons waiting in line to vote, and while there was no evidence as to how many voters sought to vote in the morning 167 registered voters did not vote, all the registered voters who did not vote would be treated as disfranchised in considering validity of election. Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ) (decided under prior law).

The polls may not be opened until at least one of the election officers representing each party is present; if none of the officers representing a party appear by 6:30 a.m. the vacancy should be filled and the polls then opened and votes cast before the appearance of any election officer for one party will be thrown out if they can be identified. Land v. Land, 244 Ky. 126 , 50 S.W.2d 518, 1931 Ky. LEXIS 720 ( Ky. 1931 ) (decided under prior law).

3. — Failure.

Where polls are not opened in a precinct, all registered voters in that precinct will be treated as disfranchised in determining whether election was free and equal. Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ) (decided under prior law).

In absence of pleading or proof that election was not properly advertised, or that attempt was made to exclude voters from election, save the dereliction of some officer, the mere fact that polls were not opened in four precincts would not invalidate election. Hardigree v. White, 275 Ky. 364 , 121 S.W.2d 919, 1938 Ky. LEXIS 435 ( Ky. 1938 ) (decided under prior law).

4. Election at Different Hours.

Holding of election during hours other than those fixed by former section would not invalidate election in absence of evidence that result was affected thereby. Mollette v. Board of Education, 260 Ky. 737 , 86 S.W.2d 990, 1935 Ky. LEXIS 562 ( Ky. 1935 ) (decided under prior law).

5. Closing Time.

The provision that the polls shall close at 4 p.m. was mandatory, and in any case where it was shown that votes were received in a precinct after 4 p.m. in a sufficient number to affect the result of the election, and it could not be ascertained for whom they were cast, the entire vote of the precinct would be voided. Banks v. Sergent, 104 Ky. 843 , 20 Ky. L. Rptr. 1024 , 48 S.W. 149, 1898 Ky. LEXIS 230 ( Ky. 1898 ), overruled in part, Widick v. Ralston, 303 Ky. 373 , 197 S.W.2d 261, 1946 Ky. LEXIS 880 (1946), overruled on other grounds, Widick v. Ralston, 303 Ky. 373 , 197 S.W.2d 261, 1946 Ky. LEXIS 880 ( Ky. 1946 ) (decided under prior law).

In a contest suit it will be presumed in the absence of proof that the polls were closed at closing time. Marcum v. Melton, 231 Ky. 244 , 21 S.W.2d 291, 1929 Ky. LEXIS 260 ( Ky. 1929 ) (decided under prior law).

Where watches of election officers were several minutes apart, closing polls at time fixed by averaging watches was not improper, although it resulted in polls being closed a few minutes after closing time. Land v. Land, 244 Ky. 126 , 50 S.W.2d 518, 1931 Ky. LEXIS 720 ( Ky. 1931 ) (decided under prior law).

Polls must be closed at 6 p.m. even though they were opened late because of defect in ballot box. Hogg v. Caudill, 254 Ky. 409 , 71 S.W.2d 1020, 1934 Ky. LEXIS 105 ( Ky. 1934 ) (decided under prior law).

6. — Late Votes.

Votes cast after closing time are illegal and will not be counted if it can be determined for whom they were cast. Vansant v. McPherson, 155 Ky. 34 , 159 S.W. 630, 1913 Ky. LEXIS 190 ( Ky. 1913 ). See Caudill v. Stidham, 246 Ky. 174 , 54 S.W.2d 654, 1932 Ky. LEXIS 726 ( Ky. 1932 ), overruled, Hogg v. Caudill, 254 Ky. 409 , 71 S.W.2d 1020, 1934 Ky. LEXIS 105 ( Ky. 1934 ), overruled, Widick v. Ralston, 303 Ky. 373 , 197 S.W.2d 261, 1946 Ky. LEXIS 825 , 1946 Ky. LEXIS 880 ( Ky. 1946 ); Johnson v. Caddell, 251 Ky. 14 , 64 S.W.2d 441, 1933 Ky. LEXIS 807 ( Ky. 1933 ); Hogg v. Caudill, 254 Ky. 409 , 71 S.W.2d 1020, 1934 Ky. LEXIS 105 ( Ky. 1934 ) (decided under prior law).

The keeping of the polls open for a short time after closing time would not require the entire vote of the precinct to be thrown out, where it could be ascertained with reasonable certainty that the votes cast after closing time did not change the result, or where it could be ascertained for whom the votes cast after closing time were voted. Vansant v. McPherson, 155 Ky. 34 , 159 S.W. 630, 1913 Ky. LEXIS 190 ( Ky. 1913 ) (decided under prior law).

Keeping of polls open after closing time would not invalidate vote of precinct where number of voters who voted after closing time was not sufficient to affect result of election. Thompson v. Stone, 164 Ky. 18 , 174 S.W. 763, 1915 Ky. LEXIS 327 ( Ky. 1915 ) (decided under prior law).

A candidate contesting a primary election on the ground that votes were cast after closing time must show for whom the votes were cast. Johnson v. Caddell, 251 Ky. 14 , 64 S.W.2d 441, 1933 Ky. LEXIS 807 ( Ky. 1933 ) (decided under prior law).

Although more than 20 percent of votes in a precinct were cast after closing time, the entire vote of the precinct would not be thrown out on that account where it is possible to separate those cast after closing time and to determine for whom they were cast. Hogg v. Caudill, 254 Ky. 409 , 71 S.W.2d 1020, 1934 Ky. LEXIS 105 ( Ky. 1934 ). See Caudill v. Stidham, 246 Ky. 174 , 54 S.W.2d 654, 1932 Ky. LEXIS 726 ( Ky. 1932 ), overruled, Hogg v. Caudill, 254 Ky. 409 , 71 S.W.2d 1020, 1934 Ky. LEXIS 105 ( Ky. 1934 ), overruled, Widick v. Ralston, 303 Ky. 373 , 197 S.W.2d 261, 1946 Ky. LEXIS 825 , 1946 Ky. LEXIS 880 ( Ky. 1946 ) (decided under prior law).

A voter who cast his vote after closing time may be compelled to testify for whom he voted. Hogg v. Caudill, 254 Ky. 409 , 71 S.W.2d 1020, 1934 Ky. LEXIS 105 ( Ky. 1934 ). See Vansant v. McPherson, 155 Ky. 34 , 159 S.W. 630, 1913 Ky. LEXIS 190 ( Ky. 1913 ); Johnson v. Caddell, 251 Ky. 14 , 64 S.W.2d 441, 1933 Ky. LEXIS 807 ( Ky. 1933 ) (decided under prior law).

A candidate who seeks to have votes thrown out on the ground that they were cast after closing time must allege the names of the illegal voters, and for whom they voted. The names of the voters can be ascertained from the stub book, and how they voted from their testimony. Hogg v. Caudill, 254 Ky. 409 , 71 S.W.2d 1020, 1934 Ky. LEXIS 105 ( Ky. 1934 ) (decided under prior law).

Contestant who seeks to have votes thrown out on ground that they were cast after time polls are to be open must allege the names of the voters who so voted. Brock v. Williams, 260 Ky. 569 , 86 S.W.2d 324, 1935 Ky. LEXIS 524 ( Ky. 1935 ) (decided under prior law).

Where 100 persons were in line at closing time and all were taken in and allowed to vote, their votes were contrary to former statute and they could be compelled to appear and disclose for whom they voted in order to subtract their vote from the total. Boone v. Humphrey, 349 S.W.2d 822, 1961 Ky. LEXIS 64 ( Ky. 1961 ) (decided under prior law).

7. Failure to Keep Open Full Time.

Where polls were not kept open for full time required by former law, but it appeared that only two persons were thus deprived of the right to vote, the vote of the precinct would not be thrown out. Graham v. Graham, 68 S.W. 1093, 24 Ky. L. Rptr. 548 , 1902 Ky. LEXIS 425 (Ky. Ct. App. 1902) (decided under prior law).

The provisions of former section as to the hours the polls are to be open were mandatory, but a candidate could not complain of a failure to comply with such provisions unless he was prejudiced thereby. Graham v. Graham, 68 S.W. 1093, 24 Ky. L. Rptr. 548 , 1902 Ky. LEXIS 425 (Ky. Ct. App. 1902) (decided under prior law).

8. Absence of Officers.

Fact that election officers were absent during part of election hours would not invalidate election, in absence of fraud. Major v. Barker, 99 Ky. 305 , 35 S.W. 543, 18 Ky. L. Rptr. 104 , 1896 Ky. LEXIS 73 ( Ky. 1896 ) (decided under prior law).

Former section that designated the hours the polls were to be open contemplated that all of the election officers should be present during the hours the polls were to be kept open, and it was the duty of the officers to be so present. But where some of election officers were absent at different times during the day, and it could not be determined for which candidates votes were cast during the absence, the entire vote of the precinct would not be thrown out on that account, there being no evidence that the absence was not involuntary or that any voter was hindered or prevented from voting by reason of the absence. Anderson v. Likens, 104 Ky. 699 , 47 S.W. 867, 20 Ky. L. Rptr. 1001 , 1898 Ky. LEXIS 214 ( Ky. 1898 ) (decided under prior law).

Election officers may be punished for not being in attendance during hours polls are to be open, and their absence during those hours may be treated as fraud in some circumstances. Anderson v. Likens, 104 Ky. 699 , 47 S.W. 867, 20 Ky. L. Rptr. 1001 , 1898 Ky. LEXIS 214 ( Ky. 1898 ) (decided under prior law).

9. School Elections.

It would be presumed, in absence of evidence, that election on school bonds was held during hours fixed by former section, despite fact that different hours were specified in call and notice of election. Mollette v. Board of Education, 260 Ky. 737 , 86 S.W.2d 990, 1935 Ky. LEXIS 562 ( Ky. 1935 ) (decided under prior law).

10. Requirements for Conviction.

Employer could not be convicted under this section unless it was proved that (1) employer deducted wages of employee, (2) who was eligible to vote in the election, (3) because he absented himself from his work (4) between the time of opening and closing the polls on election day, (5) for the purpose of voting, and then only (6) in the event the employee made application to employer for leave prior to the day of election. International Shoe Co. v. Commonwealth, 300 Ky. 806 , 190 S.W.2d 553, 1945 Ky. LEXIS 661 ( Ky. 1945 ) (decided under prior law).

11. Defective Indictment.

Indictment for violating this former section that provided that employees get time off to vote was fatally defective where it did not specifically allege that employee had made application for leave to vote prior to the day of election, and the facts concerning such application. Allegation that employee gave defendant “due notice” of his intention to absent himself was not sufficient. International Shoe Co. v. Commonwealth, 300 Ky. 806 , 190 S.W.2d 553, 1945 Ky. LEXIS 661 ( Ky. 1945 ) (decided under prior law).

Opinions of Attorney General.

No private corporation is legally required to reimburse its employees for the time they may serve as an election officer or for the time they are allowed by law to be absent in order to vote. OAG 74-576 .

Research References and Practice Aids

ALR

Violation of law as regards time for keeping polls open as affecting election results. 66 A.L.R. 1159.

Election, provision as to time for holding, as mandatory or directory. 121 A.L.R. 987.

118.040. Hours polls to be open. [Repealed.]

Compiler’s Notes.

This section (1469: Acts 1952, ch. 107, § 1; 1964, ch. 53) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 118.035 .

118.045. Display of American flag at voting location.

  1. Every voting location on the day upon which any election is held shall, during voting hours, display an American flag of dimensions of reasonable size, which shall be firmly attached to the main entrance of the voting location so that it will be readily visible to the general public.
  2. A precinct sheriff shall attach the American flag to the main entrance of the voting location upon the opening of the polls on the election day and shall remove the same upon the closing of the polls.
  3. The fiscal court of every county shall purchase out of its general fund sufficient American flags for every voting location in that county. All American flags purchased by the fiscal court shall be manufactured in the United States.

History. Enact. Acts 1974, ch. 77, § 1; 1990, ch. 48, § 37, effective July 13, 1990; 2000, ch. 508, § 1, effective July 14, 2000; 2002, ch. 63, § 10, effective July 15, 2002; 2009, ch. 4, § 3, effective June 25, 2009.

NOTES TO DECISIONS

Cited:

Noble v. Meagher, 686 S.W.2d 458, 1985 Ky. LEXIS 207 ( Ky. 1985 ).

118.050. Voting places. [Repealed.]

Compiler’s Notes.

This section (1443, 1444: amend. Acts 1966, ch. 239, § 126) was repealed by Acts 1972, ch. 188, § 69.

118.060. Voting rooms and booths. [Repealed.]

Compiler’s Notes.

This section (1467) was repealed by Acts 1972, ch. 188, § 69.

118.070. Persons entitled to have name placed on ballot for regular election. [Repealed.]

Compiler’s Notes.

This section (1453, 1550-1c, 1550-1d, 1550-1e, 1550-1f, 1550-4, 1550-5, 1550-9, 1550-33: amend. Acts 1942, ch. 174, § 1; 1964, ch. 83, § 2) was repealed by Acts 1972, ch. 188, § 69.

118.080. Nomination for regular election by petition. [Repealed.]

Compiler’s Notes.

This section (1453, 1454: amend. Acts 1964, ch. 83, § 3) was repealed by Acts 1972, ch. 188, § 69.

For present law, see KRS 117.235 , 117.255 , 118.025 , and 118.305 to 118.335 .

118.090. Nomination by minor political parties, and by major political parties for certain offices. [Repealed.]

Compiler’s Notes.

This section (1453, 1550-1f: amend. Acts 1942, ch. 174, § 2) was repealed by Acts 1972, ch. 188, § 69.

118.100. Effect of conflicting certificates and petitions of nomination. [Repealed.]

Compiler’s Notes.

This section (1454) was repealed by Acts 1972, ch. 188, § 69.

Primaries

118.105. Nominations by political parties — Vacancy in candidacy — Replacement candidates — Exceptions — Ineligibility of Senior Status Special Judge.

  1. Except as provided in subsections (3) and (4) of this section and in KRS 118.115 , every political party shall nominate all of its candidates for elective offices to be voted for at any regular election at a primary held as provided in this chapter, and the governing authority of any political party shall have no power to nominate any candidate for any elective office or to provide any method of nominating candidates for any elective office other than by a primary as provided in this chapter.
  2. Any political organization not constituting a political party as defined in KRS 118.015 may make its nominations as provided in KRS 118.325 .
  3. If a vacancy occurs in the nomination of an unopposed candidate or in a nomination made by the primary before the certification of candidates for the regular election made under KRS 118.215 , because of death, disqualification to hold the office sought, or severe disabling condition which arose after the nomination, the governing authority of the party may provide for filling the vacancy, but only following certification to the governing authority, by the Secretary of State, that a vacancy exists for a reason specified in this subsection. When such a nomination has been made, the certificate of nomination shall be signed by the chair and secretary of the governing authority of the party making it, and shall be filed in the same manner as certificates of nomination at a primary.
  4. If a vacancy occurs in the nomination of an unopposed candidate or in a nomination made by the primary before the certification of candidates for the regular election, and if that party’s nominee was the only political party candidate for the office sought, the governing authority of each party may nominate a candidate for the regular election, provided that no person has sought that party’s nomination by filing a notification and declaration.
  5. If a vacancy occurs in the nomination of a candidate under the conditions of subsection (3) or (4) of this section prior to September 15 preceding the day of the regular election, certificates of nomination for replacement candidates shall be filed in the same manner as provided in subsections (3) and (4) not later than 4 p.m. ten (10) days after the vacancy occurs, excluding weekends and legal holidays. If a vacancy occurs in the nomination of a candidate under the conditions of subsection (3) or (4) of this section on or after September 15 preceding the date of the regular election, certificates of nomination for replacement candidates shall be filed in the same manner as provided in subsections (3) and (4) not later than 4 p.m. five (5) days after the vacancy occurs, excluding weekends and legal holidays.
  6. If a vacancy in candidacy described in subsection (5) of this section occurs later than the second Thursday preceding the date of the regular election, no certificates of nomination shall be filed and any candidate whose name does not appear on the ballot may seek election by write-in voting pursuant to KRS 117.265 .
  7. This section does not apply to candidates for members of boards of education, or presidential electors, nor to candidates participating in nonpartisan elections. However, regardless of the number of days served by a judge acting as a Senior Status Special Judge, a judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate for any elected office during the five (5) year term prescribed in KRS 21.580 (1)(a)1.

History. Enact. Acts 1974, ch. 130, § 100; 1976, ch. 54, § 23, effective January 1, 1978; 1978, ch. 384, § 25, effective January 1, 1978; 1982, ch. 394, § 18, effective July 15, 1982; 1988, ch. 17, § 8, effective July 15, 1988; 1990, ch. 49, § 1, effective March 12, 1990; 1994, ch. 482, § 1, effective April 13, 1994; 1998, ch. 2, § 2, effective July 15, 1998; 2005, ch. 71, § 7, effective June 20, 2005; 2007, ch. 46, § 1, effective June 26, 2007; 2013, ch. 66, § 1, effective June 25, 2013.

NOTES TO DECISIONS

1. Contesting Elections.

An action contesting the primary election of city commissioners for a second-class city with a city manager form of government was dismissed, since KRS 118.015 to 118.035 , 118.105 to 118.255 make no provision for such proceedings and subsection (4) of this section expressly excludes this type of office from the provisions of the chapter. Thompson v. Kenton County Board of Election Com., 535 S.W.2d 68, 1975 Ky. LEXIS 4 ( Ky. 1975 ), cert. denied, 423 U.S. 1083, 96 S. Ct. 873, 47 L. Ed. 2d 94, 1976 U.S. LEXIS 1215 (U.S. 1976).

2. Section.

The word “section” as used in subsection (4) of this section must be construed to mean “section,” which denotes a single, numbered statute. Thomas v. Lyons, 586 S.W.2d 711, 1979 Ky. LEXIS 284 ( Ky. 1979 ).

3. Construction.

A primary election is not an election within the meaning of the constitution. Montgomery v. Chelf, 118 Ky. 766 , 82 S.W. 388, 26 Ky. L. Rptr. 638 , 1904 Ky. LEXIS 100 ( Ky. 1904 ). See Hager v. Robinson, 154 Ky. 489 , 157 S.W. 1138, 1913 Ky. LEXIS 129 ( Ky. 1913 ); Black v. Spillman, 185 Ky. 201 , 215 S.W. 28, 1919 Ky. LEXIS 269 ( Ky. 1919 ) (decided under prior law).

4. Governing Authority.

It was a logical construction of former statute that “the governing authority,” to whom was granted the privilege of filling a vacancy before ballots were printed, meant a district political organization where a district office was involved. O'Neil v. O'Connell, 300 Ky. 707 , 189 S.W.2d 965, 1945 Ky. LEXIS 619 ( Ky. 1945 ) (decided under prior law).

5. Fewer Candidates Than Nominations.

Where at the expiration of the time for filing for race in primary, five candidates were seeking six nominations for councilman in one ward and four candidates were seeking six nominations in the other ward, each of these candidates was entitled to a certificate of nomination under KRS 119.090 (repealed). Brock v. Helton, 395 S.W.2d 765, 1965 Ky. LEXIS 161 ( Ky. 1965 ) (decided under prior law).

6. Party Support.

Former similar section set forth the method by which a political party might nominate its candidates, and did not prevent a party organization from indorsing and supporting a particular candidate in a primary election. Rosenberg v. Republican Party of Louisville & Jefferson County, 270 S.W.2d 171, 1954 Ky. LEXIS 1025 ( Ky. 1954 ) (decided under prior law).

7. Executive Committee.

Where order of the county court reducing the number of magisterial districts in a county was finally affirmed about six weeks before the general election, the party executive committee, with the chairman participating, was empowered to nominate the candidates for magistrate and constable in each of the districts. Davenport v. Redmon, 394 S.W.2d 737, 1965 Ky. LEXIS 196 ( Ky. 1965 ) (decided under prior law).

8. Requirement of Primary Nomination.

The Legislature has the power to require that political parties nominate candidates only pursuant to a statutory primary, and to prescribe the time and manner of conducting such primary. Hager v. Robinson, 154 Ky. 489 , 157 S.W. 1138, 1913 Ky. LEXIS 129 ( Ky. 1913 ) (decided under prior law).

A nominee by petition could not be placed upon the ballot under the title and device of a political party required to nominate by primary, even though the party nominated no candidate at the primary for the particular office. King v. McMahon, 179 Ky. 536 , 200 S.W. 956, 1918 Ky. LEXIS 255 ( Ky. 1918 ), overruled, Bogie v. Hill, 286 Ky. 732 , 151 S.W.2d 765, 1941 Ky. LEXIS 323 ( Ky. 1941 ), overruled in part, Bogie v. Hill, 286 Ky. 732 , 151 S.W.2d 765, 1941 Ky. LEXIS 323 ( Ky. 1941 ), overruled on other grounds, Bogie v. Hill, 286 Ky. 732, 151 S.W.2d 765, 1941 Ky. LEXIS 323 (Ky. 1941) (decided under prior law).

9. Vacancy.

The withdrawal of a candidate as provided in former section that provided procedure for withdrawal by nominated candidate created a vacancy in the candidacy within the meaning of former law that provided the procedure for a party to fill a vacancy in the nomination made by the primary before the ballots were printed. Elswick v. Ratliff, 166 Ky. 149 , 179 S.W. 11, 1915 Ky. LEXIS 650 ( Ky. 1915 ) (decided under prior law).

A candidate who was defeated in the primary may be nominated to fill a vacancy in the party nomination for which he was a candidate. Halteman v. Grogan, 233 Ky. 51 , 24 S.W.2d 921, 1930 Ky. LEXIS 489 ( Ky. 1930 ) (decided under prior law).

Where there was only one candidate for nomination in the primary, and he withdrew after time for filing nomination papers had expired, but before primary was held, the governing authority of the party had no right to nominate a candidate for such office, the “vacancy” not having occurred after the primary. Ruby v. Smothers, 270 Ky. 153 , 109 S.W.2d 392, 1937 Ky. LEXIS 38 ( Ky. 1937 ) (decided under prior law).

Where vacancy in office of sheriff was created less than 70 days before primary, candidate nominated by party executive committee was only legal candidate of party. Ball v. Cawood, 275 Ky. 108 , 120 S.W.2d 776, 1938 Ky. LEXIS 373 ( Ky. 1938 ) (decided under prior law).

10. — Filling.

No person may be nominated by the governing authority of a party to fill a vacancy in the candidacy of that party unless such person is a member of the party and possesses the qualifications which would have entitled him to run in the primary of such party. Francis v. Sturgill, 163 Ky. 650 , 174 S.W. 753, 1915 Ky. LEXIS 318 ( Ky. 1915 ), limited, Napier v. Roberts, 172 Ky. 227 , 189 S.W. 206, 1916 Ky. LEXIS 191 ( Ky. 1916 ) (decided under prior law).

A Circuit Court has jurisdiction to enjoin the governing authority of a party from revoking a nomination to fill a vacancy. Meagher v. Howell, 171 Ky. 238 , 188 S.W. 373, 1916 Ky. LEXIS 341 ( Ky. 1916 ) (decided under prior law).

When a nomination to fill a vacancy is made by party authorities, it will be presumed in the absence of evidence to the contrary that the person nominated is a qualified member of the party. Brandenburg v. Bradley, 283 S.W. 1059, 1925 Ky. LEXIS 1149 ( Ky. 1925 ) (decided under prior law).

If the certificate of nomination of a candidate was not filed within the time prescribed by former law that established such time limits, a vacancy in the nomination was created, which might have been filled by the governing authority of the party and the candidate who had received the certificate of nomination might have been nominated to fill the vacancy. Lewis v. Mosely, 215 Ky. 573 , 286 S.W. 793, 1926 Ky. LEXIS 766 ( Ky. 1926 ) (decided under prior law).

If, in a contest proceeding, it was adjudged that none of the candidates in the primary for a particular office was entitled to the nomination, there was a vacancy which might have been filled under former law that provided the procedure for a party to fill a vacancy in the nomination made by the primary before the ballots were printed. Halteman v. Grogan, 233 Ky. 51 , 24 S.W.2d 921, 1930 Ky. LEXIS 489 ( Ky. 1930 ) (decided under prior law).

The state central committee of a political party, under party rules, had authority to nominate a candidate for commonwealth’s attorney to fill a vacancy occurring after primary and before ballots were printed, where the district committee of the party had failed to act by reason of a continuing deadlock after several meetings and the taking of several ballots. O'Neil v. O'Connell, 300 Ky. 707 , 189 S.W.2d 965, 1945 Ky. LEXIS 619 ( Ky. 1945 ) (decided under prior law).

A political organization, not constituting a “party” within the meaning of former law that defined “political party” may fill a vacancy in its nomination by filing a supplementary petition of nomination, as contemplated by former law that provided procedure for filling vacancy when candidate died, resigned or was removed before ballots were printed, even though the organization did not cast as much as two percent of the votes at the last preceding election. Greene v. Slusher, 300 Ky. 715 , 190 S.W.2d 29, 1945 Ky. LEXIS 628 ( Ky. 1945 ) (decided under prior law).

Former similar section did not permit a vacancy in a nomination to be filled by a person who had been a candidate at the primary for a nomination by the other party. Stephenson v. Riddle, 371 S.W.2d 871, 1963 Ky. LEXIS 123 ( Ky. 1963 ) (decided under prior law).

11. Write-In Candidate.

The requirement that party candidates be nominated by primary did not apply to a person who did not seek to have his name printed on the ballot, but only solicited “write-in” votes. Lewis v. Mosely, 215 Ky. 573 , 286 S.W. 793, 1926 Ky. LEXIS 766 ( Ky. 1926 ) (decided under prior law).

Opinions of Attorney General.

Candidates for city legislative bodies in cities of the fifth or sixth class may not file in the May primary elections for major party nomination. OAG 75-227 .

An individual desiring to be a candidate for the office of mayor of a fifth-class city could legally file for party nomination in the May primary and such candidate filing for party nomination must file on a notification and declaration form prescribed by the State Board of Elections. OAG 77-135 .

Where a person files as an independent candidate in the primary for justice of the peace, but the last preceding presidential election did not have an independent party, the candidate could not file, since under the terms of KRS 118.015 , this section and KRS 118.125 , only qualifying members of the major parties, defined as those receiving at least 20 percent of the vote in the last election for presidential electors, may participate in the May primary election. OAG 81-126 .

Where a city of the fourth class has never enacted an ordinance to provide a special city nonpartisan primary pursuant to KRS 83A.170 , KRS 83A.050 does not require that city to hold a primary election for city office candidates, since KRS 83A.050 is purely optional on the part of every city other than a city of the second class under a city manager form of government; however, if the city does not elect to operate under KRS 83A.050, the city officers in such city have the right to seek major party nomination in the May partisan primary, with the exception of those fourth-class cities operating under the city manager commission form of government pursuant to subsection (4) of this section. OAG 81-163 .

Where a candidate for the office of constable properly filed notification and declaration papers in the district in which he resided, but after the books closed and prior to the primary, he moved to another district and he was subsequently nominated in his old district, he is the nominee, since his qualifications were not challenged prior to the primary; however, if he won election he could be removed as a usurper pursuant to KRS 415.040 or, if he voluntarily resigned his nomination, his party could select someone to fill his place on the ballot pursuant to subsection (3) of this section. OAG 81-223 .

In spite of the fact that three candidates elected at a November general election to the legislative body of a city of the fifth class were nominated in violation of this section at a major party primary held in May, the fact that no action was filed in Circuit Court to disqualify them from having their names on the May primary ballot pursuant to KRS 118.176 , means that their qualifications to be on the November ballot and to be elected to office cannot thereafter be questioned. OAG 84-13 .

Persons filing for city council in a city of the fourth class who desire to file as an independent or for party nomination must file 90 days before the May primary election; with respect to candidates for city council in cities of the fifth class who are prohibited under subsection (4) of this section from seeking party nomination, they may file independent petitions up until 70 days before the general election. OAG 84-318 .

Where a few days before the primary election the unopposed Republican candidate for Property Valuation Administrator (PVA), who was the incumbent PVA in the county, died, and where the only other person having a qualified certificate issued pursuant to KRS 132.380 qualifying him to run for PVA was the unopposed Democratic candidate, the giving of a special examination was mandatory in light of the provisions of subsection (3) of this section and KRS 132.380 , with the takers limited to registered Republicans, since the Democratic Party had a qualified nominee and it was too late for an independent candidate to file for the office under the terms of KRS 118.365 . OAG 85-101 .

Research References and Practice Aids

Kentucky Law Journal.

Kentucky Law Survey, Morris, Muncipal Law, 70 Ky. L.J. 287 (1981-82).

ALR

Determination of controversies within political party as to nominations. 20 A.L.R. 1035; 169 A.L.R. 1281.

Constitutionality of statute relating to power of committee or officials of political party. 62 A.L.R. 924.

Candidate for nomination at primary, constitutionality of statutes relating to charges and attacks on. 96 A.L.R. 582.

Constitutionality of statute requiring or limiting, selection or appointment of public officers from members of a political party or parties. 140 A.L.R. 471; 170 A.L.R. 198.

Constitutionality of election laws as regards nominations otherwise than by statutory convention or primary election. 146 A.L.R. 668.

Party affiliations or change thereof as affecting eligibility to nomination for public office, constitutionality, construction, and application of statutes as to. 153 A.L.R. 641.

Party affiliations or change thereof as affecting eligibility to nomination for public office, statutes as to, as violating privileges and immunities clause. 153 A.L.R. 645.

Right to seek nomination, or to become candidate, for more than one office in the same election. 94 A.L.R.2d 557.

118.110. Candidate who is defeated or who violates corrupt practice law in primary cannot have name on regular election ballot — Exception as to defeat of judicial candidates. [Repealed.]

Compiler’s Notes.

This section (1550-5a, 1550-5b) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 118.345 .

118.115. Nominations for unexpired terms — Ineligibility of Senior Status Special Judge.

  1. Except as provided in subsection (2)(b) of KRS 83A.045 governing vacancies in candidacy, candidates for unexpired terms to be filled at a regular election shall be nominated at the primary next preceding the regular election, if the vacancy occurred not less than one hundred sixty (160) days before the primary. If the vacancy occurred less than one hundred sixty (160) days before the primary, the nomination shall be made in a manner determined by the governing authority of the political party concerned. In the preparation of ballots, candidates for full terms shall be grouped together, and candidates for unexpired terms shall be grouped together, under appropriate headings, so that the voter may easily distinguish the candidates for full terms from the candidates for unexpired terms.
  2. A judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate or a nominee for any elected office during the five (5) year term prescribed in KRS 21.580 (1)(a)1., regardless of the number of days served by the judge acting as a Senior Status Special Judge.

History. Enact. Acts 1974, ch. 130, § 101; 1984, ch. 185, § 9, effective July 13, 1984; 1988, ch. 17, § 9, effective July 15, 1988; 1990, ch. 48, § 38, effective July 13, 1990; 2013, ch. 66, § 2, effective June 25, 2013; 2019 ch. 187, § 10, effective November 6, 2019.

NOTES TO DECISIONS

1. Application.

The provision in former similar section that “candidates for full terms shall be grouped together, and candidates for unexpired terms shall be grouped together, under appropriate headings * * *” was intended to apply only in the situation where there are candidates at an election for a full term and for an unexpired term in the same office. Borders v. Collingsworth, 251 S.W.2d 463, 1952 Ky. LEXIS 920 ( Ky. 1952 ) (decided under prior law).

2. Candidates for Unexpired Terms.

Where two candidates were running for the unexpired term for sheriff and the name of one of the candidates was placed at the foot of the column of one of the major parties under the heading “For Sheriff,” and the other’s name, he being the only Independent candidate, was placed at the head of that column under the caption “For the Unexpired Term for Sheriff,” the election to fill that office was invalid because not conducted in compliance with former similar section and because it was not “free and equal” as required by the constitution. Davidson v. White, 307 Ky. 269 , 210 S.W.2d 943, 1948 Ky. LEXIS 726 ( Ky. 1948 ) (decided under prior law).

3. Vacancy Less Than Seventy Days.

Where vacancy in office of sheriff was created less than 70 days before primary, candidate nominated by party executive committee was only legal candidate of party. Ball v. Cawood, 275 Ky. 108 , 120 S.W.2d 776, 1938 Ky. LEXIS 373 ( Ky. 1938 ) (decided under prior law).

4. General Assembly.

In the case of a vacancy in the office of member of the General Assembly, which can be filled only by a special election, no nomination can be made by the governing authority of the party until the special election has been called. Meagher v. Howell, 171 Ky. 238 , 188 S.W. 373, 1916 Ky. LEXIS 341 ( Ky. 1916 ) (decided under prior law).

5. Circuit Court Jurisdiction.

A Circuit Court has jurisdiction to enjoin the governing authority of a party from revoking a nomination for an unexpired term. Meagher v. Howell, 171 Ky. 238 , 188 S.W. 373, 1916 Ky. LEXIS 341 ( Ky. 1916 ) (decided under prior law).

Opinions of Attorney General.

Where a county sheriff died on or about May 3, 1975, which was too late for candidates to file and run in the May primary for the unexpired term, the major parties were authorized to make nominations for the November election pursuant to party rules under this section and, at the same time, any qualified person could file a petition to become an independent candidate for the office in question at the coming November election under the authority expressed in KRS 118.375 so that any person desiring to run as an independent must file a petition on a form prescribed by the state board which is in accordance with the requirements of KRS 118.315 . OAG 75-401 .

Where the county sheriff has died, the county clerk should list the nominees for sheriff made by the respective party committees in the straight party column to enable a person voting the straight party ticket in November to vote for one of the nominees for sheriff for the unexpired term as this section provides in the preparation of ballots, candidates for full terms are to be grouped together and candidates for unexpired terms are to be grouped together, under appropriate headings, so that the voter can easily distinguish the candidates for full terms from the candidates for unexpired terms. OAG 75-417 ; OAG 76-613 .

Where a vacancy in the office of county judge occurs less than 70 days before the primary election, this section would control and both the Republican and Democrat parties may nominate a person of their choice pursuant to their party rules and file a statement of nomination with the county clerk not less than 55 days before the general election as provided by KRS 118.365 . OAG 75-525 .

In preparing the ballot for the November election in which there are candidates from the Republican and Democrat parties as well as at least five independent candidates running for the unexpired term of sheriff, since the independent candidates did not indicate any independent party designation or symbol, together with the probability that there would not be enough columns on the voting machine to list each independent candidate in a separate column, it would appear to be less confusing to the voter to list the independents in a single column with instructions to vote for one. OAG 75-537 .

This section authorizes both major political parties to make nominations pursuant to their respective party rules by naming their party nominee for the November election to fill the vacancy in the office of sheriff where the sheriff has resigned. OAG 76-426 .

The 120-day filing deadline established in KRS 118.165 , 118.365 and 118A.060 was meant to uniformly apply to all filing deadlines, except those for municipal offices, and therefore by implication applies to candidates seeking unexpired terms under the provisions of this section, and KRS 118.375 and 118A.100 . OAG 89-5 .

Research References and Practice Aids

ALR

What constitutes “vacancy” in public office. 143 A.L.R. 997.

Committee or person authorized to fill vacancy in public office. 143 A.L.R. 1009.

Who may be nominated to fill vacancy in public office. 143 A.L.R. 1013.

Party affiliations or change thereof as affecting eligibility to nomination for public office, application of statutes as to, filling of vacancies. 153 A.L.R. 648.

118.120. Where and by whom certificates and petitions of nomination to be filed. [Repealed.]

Compiler’s Notes.

This section (1453, 1482) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 118.356 .

118.125. Procedure and form for candidate to get name on primary ballot — Form in which name may appear on ballot. [Effective until July 15, 2020]

  1. Except as provided in KRS 118.155 , any person who is qualified under the provisions of KRS 116.055 to vote in any primary for the candidates for nomination by the party at whose hands he or she seeks the nomination, shall have his or her name printed on the official ballot of his or her party for an office to which he is eligible in that primary, upon filing, with the Secretary of State or county clerk, as appropriate, at the proper time, a notification and declaration.
  2. The notification and declaration shall be in the form prescribed by the State Board of Elections. It shall be signed by the candidate and by not less than two (2) registered voters of the same party from the district or jurisdiction from which the candidate seeks nomination. Signatures for nomination papers shall not be affixed on the document to be filed prior to the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot.
    1. The notification and declaration for a candidate for an office other than Governor or Lieutenant Governor shall include the following oath:
    2. The notification and declaration for a slate of candidates for Governor and Lieutenant Governor shall include the following oath:
  3. When the notice and declaration has been filed with the Secretary of State or county clerk, as appropriate, and certified according to KRS 118.165 , the Secretary of State or county clerk, as appropriate, shall have the candidate’s name printed on the ballot according to the provisions of this chapter, except as provided in KRS 118.185 .
  4. Titles, ranks, or spurious phrases shall not be accepted on the filing papers and shall not be printed on the ballots as part of the candidate’s name; however, nicknames, initials, and contractions of given names may be acceptable as the candidate’s name.

“For the purpose of having my name placed on the official primary election ballot as a candidate for nomination by the Party, I, (name in full as desired on the ballot as provided in ), do solemnly swear that my residence address is (street, route, highway, city if applicable, county, state, and zip code), that my mailing address, if different, is (post office address), and that I am a registered (party) voter in precinct; that I believe in the principles of the Party, and intend to support its principles and policies; that I meet all the statutory and constitutional qualifications for the office which I am seeking; that if nominated as a candidate of such party at the ensuing election I will accept the nomination and not withdraw for reasons other than those stated in ; that I will not knowingly violate any election law or any law relating to corrupt and fraudulent practice in campaigns or elections in this state, and if finally elected I will qualify for the office.” KRS 118.129 KRS 118.105(3) The declaration shall be subscribed and sworn to before an officer authorized to administer an oath by the candidate and by the two (2) voters making the declaration and signing the candidate’s petition for office.

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“For the purpose of having our names placed on the official primary election ballot as a slate of candidates for Governor and Lieutenant Governor for nomination by the Party, I, , (name of candidate for Governor in full as desired on the ballot as provided in KRS 118.129 ), do solemnly swear that my residence address is (street, route, highway, city if applicable, county, state, and zip code), that my mailing address, if different, is (post office address), and that I am a registered (party) voter in precinct; and I, , (name of candidate for Lieutenant Governor in full as desired on the ballot as provided in KRS 118.129 ), do solemnly swear that my residence address is (street, route, highway, city if applicable, county, state, and zip code), that my mailing address, if different, is (post office address), and that I am a registered (party) voter in precinct; that we believe in the principles of the Party, and intend to support its principles and policies; that we meet all the statutory and constitutional qualifications for the offices which we are seeking; that we will accept the nomination and not withdraw for reasons other than those stated in KRS 118.105(3); that we will not knowingly violate any election law or any law relating to corrupt or fraudulent practice in campaigns or elections in this state, and if finally elected we will qualify for our offices.” The declaration shall be subscribed and sworn to before an officer authorized to administer an oath by the candidate and by the two (2) voters making the declaration and signing the petition for office.

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History. Enact. Acts 1974, ch. 130, § 102; 1976, ch. 7, § 1; 1976, ch. 54, § 24, effective March 10, 1976; 1982, ch. 394, § 19, effective July 15, 1982; 1984, ch. 317, § 1, effective July 13, 1984; 1986, ch. 470, § 23, effective July 15, 1986; 1990, ch. 48, § 39, effective July 13, 1990; 1992, ch. 186, § 1, effective November 5, 1992; 1994, ch. 458, § 18, effective July 15, 1994; 1998, ch. 201, § 1, effective July 15, 1998; 2000, ch. 275, § 1, effective July 14, 2000; 2008, ch. 79, § 10, effective July 15, 2008.

NOTES TO DECISIONS

1. Constitutionality.

The requirement of the former section that the candidate state that he was affiliated with and supported the nominees of the party at the last regular election was constitutional. Hager v. Robinson, 154 Ky. 489 , 157 S.W. 1138, 1913 Ky. LEXIS 129 ( Ky. 1913 ). See Gardner v. Ray, 154 Ky. 509 , 157 S.W. 1147, 1913 Ky. LEXIS 130 ( Ky. 1913 ) (decided under prior law).

The statutory scheme whereby a candidate is required by KRS 118.315 to obtain 5,000 signatures in order to be placed on the general ballot, but a candidate of a political party needs only two signatures to be placed on the primary ballot under the provisions of this section, does not violate the equal protection clause of the United States Constitution, since it reflects the Legislature’s recognition of the differences between established, well-financed parties and candidates and those parties and candidates who have no elaborate political network by providing greater access to the political process than a single route to the general election ballot. Anderson v. Mills, 664 F.2d 600, 1981 U.S. App. LEXIS 15841 (6th Cir. Ky. 1981 ).

2. Affidavit.

The affidavit required by subsection (3) of this section must be signed by two electors who are (not who may thereafter become) members of the party to which the candidate belongs; therefore, at the time the affidavit is signed and the nomination papers filed, the affiant must be a voter registered to vote as a member of the party to which the candidate belongs. Morris v. Jefferson County Clerk, 729 S.W.2d 444, 1987 Ky. LEXIS 214 ( Ky. 1987 ).

Where an affiant under subsection (3) of this section was not a registered voter of the candidate’s party when the affidavit was signed, the candidate’s name was stricken from the ballot; on the matter which can be so easily determined as to whether or not an individual is registered to vote, there is no excuse for the candidate to claim that the affiant claimed to be registered to vote. Morris v. Jefferson County Clerk, 729 S.W.2d 444, 1987 Ky. LEXIS 214 ( Ky. 1987 ).

3. Where Incompatible Office Sought.

Once a candidate has filed papers seeking nomination for public office, that candidate cannot then file papers seeking nomination or election to an incompatible office unless the candidate has first withdrawn his nomination in accordance with KRS 118.212 . Klein v. Doll, 777 S.W.2d 602, 1989 Ky. App. LEXIS 164 (Ky. Ct. App. 1989).

4. Construction.

The requirement of the former section that the candidate must have “supported” the nominees of the party at the last regular election does not necessarily mean that he must have voted the party ticket at the last regular election. Support may consist of advocating the claims of the party’s nominees, contributing to the campaign expenses, getting out the vote, or actual support in other proper ways. Hager v. Robinson, 154 Ky. 489 , 157 S.W. 1138, 1913 Ky. LEXIS 129 ( Ky. 1913 ) (decided under prior law).

5. Nomination Papers.

Where the spaces in the body of the affidavit accompanying the notification and declaration of the candidate were left completely blank and where the jurat was not executed, such papers did not substantially comply with the requirements for notification and declaration of a person seeking nomination and were fatally defective. Fletcher v. Wilson, 500 S.W.2d 601, 1973 Ky. LEXIS 258 ( Ky. 1973 ) (decided under prior law).

Where the spaces in the candidate’s papers, designating the precinct of residence of the affiant and designating the office which the affiant believed the candidate qualified, were not filled in and where one of the signatures of the affiant at the bottom of the affidavit differed from the signature in the body, the notification and declaration papers of the candidate were not fatally defective since they substantially complied with the statutory requirements as to form. Fletcher v. Wilson, 500 S.W.2d 601, 1973 Ky. LEXIS 258 ( Ky. 1973 ) (decided under prior law).

6. Qualification.

In order to become a candidate for nomination by a political party at a primary election under the former section, a person had to be qualified under former KRS 119.200 (repealed) to vote for the candidates of such party in the primary. Gardner v. Ray, 154 Ky. 509 , 157 S.W. 1147, 1913 Ky. LEXIS 130 ( Ky. 1913 ) (decided under prior law).

When qualifications of a candidate were not questioned as authorized by former KRS 119.170 (repealed) until after primary election, he was presumed to be qualified both for nomination and election. Wooton v. Smith, 288 Ky. 48 , 155 S.W.2d 466, 1941 Ky. LEXIS 49 ( Ky. 1941 ) (decided under prior law).

Where an elected official had been convicted of a felony prior to his becoming a candidate for office, he lost his right to vote by way of Const., § 145, and thus was not eligible to be a candidate under former similar section. Woods v. Mills, 503 S.W.2d 706, 1974 Ky. LEXIS 833 ( Ky. 1974 ) (decided under prior law).

7. Switching Parties.

Persons registered as Democrats could not be candidates for nomination by Progressive Party. Gardner v. Ray, 154 Ky. 509 , 157 S.W. 1147, 1913 Ky. LEXIS 130 ( Ky. 1913 ) (decided under prior law).

8. Support.

Where candidate’s notification and declaration did not state that he was affiliated with and supported the nominees of the party at the last regular election, it was not sufficient. Hager v. Robinson, 154 Ky. 489 , 157 S.W. 1138, 1913 Ky. LEXIS 129 ( Ky. 1913 ) (decided under prior law).

9. Violation of Oath.

The fact that a candidate for sheriff who was defeated in the Democratic primary supported the Republican nominee in the general election, in violation of the oath taken under the former section, did not constitute a violation of the corrupt practice act and would not invalidate the election of the Republican candidate. Graham v. Alliston, 180 Ky. 687 , 203 S.W. 563, 1918 Ky. LEXIS 134 ( Ky. 1918 ) (decided under prior law).

10. Withdrawal.

The requirement of the former section that the candidate state that he will accept the nomination and not withdraw did not prevent a person who received the nomination from resigning the nomination as provided in KRS 118.160 (repealed). Elswick v. Ratliff, 166 Ky. 149 , 179 S.W. 11, 1915 Ky. LEXIS 650 ( Ky. 1915 ) (decided under prior law).

A candidate for nomination may withdraw without notifying the governing authority of the party. Ruby v. Smothers, 270 Ky. 153 , 109 S.W.2d 392, 1937 Ky. LEXIS 38 ( Ky. 1937 ) (decided under prior law).

11. Enjoining Nomination.

The fact that the affidavit accompanying notification and declaration of Democratic candidate was actually not sworn to by one of electors whose name was signed to the affidavit could not be relied upon by Republican candidate as a ground for enjoining nomination of Democratic candidate. Hettel v. Furste, 260 Ky. 844 , 86 S.W.2d 1018, 1935 Ky. LEXIS 570 ( Ky. 1935 ) (decided under prior law).

A voter could not maintain an action to enjoin printing, on ballot for regular election, of name of person holding certificate of nomination as Democratic candidate for office of magistrate, on ground that the candidate’s nomination papers did not contain all matter required by this section. Aubrey v. Oak, 300 Ky. 669 , 190 S.W.2d 27, 1945 Ky. LEXIS 626 ( Ky. 1945 ) (decided under prior law).

Opinions of Attorney General.

Though a person registered as an independent could not qualify to run in the 1976 May primary as a Democrat or Republican under the terms of this section and KRS 116.055 , since he must not only possess all the qualifications required of voters in the primary but must also be a registered member of the party in whose primary election he seeks to vote and must have been registered as a member of that party at the time of the preceding regular election, he could still run as an independent by filing a petition as prescribed in KRS 118.315 not later than March 31, 1976, as required by KRS 118.365 . OAG 76-78 .

Where a vacancy occurs in a magisterial district, any candidate desiring to run for the unexpired term as a major party nominee would have to file not less than 55 days before the May primary a notification and declaration paper containing the signatures of two electors. OAG 76-179 .

This section does not require that the electors executing the affidavit reside within the county or district from which the candidate runs or state they intend to vote for the candidate. OAG 77-84 .

The fact that an individual who signed a candidate’s notification and declaration paper thereafter filed for another county office would in no way affect the legality of the filing paper. OAG 77-159 .

A registered Democrat who decides to run for office as an independent in the fall election may vote as a Democrat in the spring primary election prior to the next fall election so long as he was registered as a Democrat in the fall election preceding the spring primary and provided he remains registered as a Democrat through the spring primary. OAG 81-55 .

Where a person files as an independent candidate in the primary for justice of the peace, but the last preceding presidential election did not have an independent party, the candidate could not file, since under the terms of KRS 118.015 , 118.105 and this section, only qualifying members of the major parties, defined as those receiving at least 20 percent of the vote in the last election for presidential electors, may participate in the May primary election. OAG 81-126 .

It is not a violation of a primary candidate’s constitutional right to secret ballot, as set out in Ky. Const., § 147, to require him to state under oath that he supported his parties’ nominees in the last regular election and will support the parties’ nominees in the next regular election before allowing him to register as a candidate in a primary election; the term “support,” as used in subsection (2) of this section, does not necessarily mean that the candidate must have voted the party ticket at the last regular election, but it could consist of advocating the claims of the party nominees, contributing to campaign expenses, getting out to vote or actual support in other ways. OAG 85-24 .

Where an individual changed his party affiliation from Democrat to Republican subsequent to the 1984 November election, he was disqualified from becoming a candidate in the May primary for either party; he could, however, change his registration back to that of Democrat and be qualified to seek nomination as a member of that party, or he could run as an independent. OAG 85-42 .

A candidate is eligible to run in the 1993 primary if he changed his party affiliation after the November 1992 election, and then switched back to his original party affiliation before filing to run in the primary. OAG 93-8 .

Failure to designate a campaign treasurer does not prevent a candidate’s name from appearing on the ballot, although it may have other adverse consequences, such as sanctions specified in KRS 121.990 . OAG 2005-08 .

Research References and Practice Aids

Kentucky Law Journal.

Notes, Campaign Finance Reform in Kentucky: The Race for Governor, 85 Ky. L.J. 723 (1996-97).

118.125. Procedure and form for candidate to get name on primary ballot — Form in which name may appear on ballot. [Effective July 15, 2020]

  1. Except as provided in KRS 118.155 , any person who is qualified under the provisions of KRS 116.055 to vote in any primary for the candidates for nomination by the party at whose hands he or she seeks the nomination, shall have his or her name printed on the official ballot of his or her party for an office to which he is eligible in that primary, upon filing, with the Secretary of State or county clerk, as appropriate, at the proper time, a notification and declaration.
  2. The notification and declaration shall be in the form prescribed by the State Board of Elections. It shall be signed by the candidate and by not less than two (2) registered voters of the same party from the district or jurisdiction from which the candidate seeks nomination. Signatures for nomination papers shall not be affixed on the document to be filed prior to the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot. The notification and declaration for a candidate shall include the following oath:

    The declaration shall be subscribed and sworn to before an officer authorized to administer an oath by the candidate and by the two (2) voters making the declaration and signing the candidate’s petition for office.

  3. When the notice and declaration has been filed with the Secretary of State or county clerk, as appropriate, and certified according to KRS 118.165 , the Secretary of State or county clerk, as appropriate, shall have the candidate’s name printed on the ballot according to the provisions of this chapter, except as provided in KRS 118.185 .
  4. Titles, ranks, or spurious phrases shall not be accepted on the filing papers and shall not be printed on the ballots as part of the candidate’s name; however, nicknames, initials, and contractions of given names may be acceptable as the candidate’s name.

“For the purpose of having my name placed on the official primary election ballot as a candidate for nomination by the -(name in full as desired on the ballot as provided in KRS 118.129 ), do solemnly swear that my residence address is , that my mailing address, if different, is, and that I am a registered-precinct; that I believe in the principles of the, and intend to support its principles and policies; that I meet all the statutory and constitutional qualifications for the office which I am seeking; that if nominated as a candidate of such party at the ensuing election I will accept the nomination and not withdraw for reasons other than those stated in KRS 118.105(3); that I will not knowingly violate any election law or any law relating to corrupt and fraudulent practice in campaigns or elections in this state, and if finally elected I will qualify for the office.” Party, I, (street, route, highway, city if applicable, county, state, and zip code) (post office address) (party) voter in Party

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HISTORY: Enact. Acts 1974, ch. 130, § 102; 1976, ch. 7, § 1; 1976, ch. 54, § 24, effective March 10, 1976; 1982, ch. 394, § 19, effective July 15, 1982; 1984, ch. 317, § 1, effective July 13, 1984; 1986, ch. 470, § 23, effective July 15, 1986; 1990, ch. 48, § 39, effective July 13, 1990; 1992, ch. 186, § 1, effective November 5, 1992; 1994, ch. 458, § 18, effective July 15, 1994; 1998, ch. 201, § 1, effective July 15, 1998; 2000, ch. 275, § 1, effective July 14, 2000; 2008, ch. 79, § 10, effective July 15, 2008; 2020 ch. 88, § 6, effective July 15, 2020.

118.126. When candidate for Governor must designate running mate for Lieutenant Governor — Joint election of slate of candidates. [Effective July 15, 2020]

  1. Each candidate for the office of Governor shall designate a candidate for Lieutenant Governor to serve as his or her running mate in a slate of candidates. After the filing of the certificate or petition of nomination under KRS 118.365 , and not later than 4 p.m. on the second Tuesday in August preceding the regular election for the office of Governor, the candidate shall designate his or her running mate by filing with the Secretary of State the name and address of a person qualified under the Constitution of Kentucky to serve as Lieutenant Governor.
  2. A slate of candidates for Governor and Lieutenant Governor shall be elected jointly at a regular election by the casting by each voter of a single vote applicable to both offices. No candidate for Governor or Lieutenant Governor shall appear individually on the ballot at a regular election for the office he or she is seeking.

HISTORY: 2020 ch. 88, § 1, effective July 15, 2020.

118.127. Slate of candidates for Governor and Lieutenant Governor. [Repealed effective July 15, 2020]

A slate of candidates for Governor and Lieutenant Governor filing a notification and declaration pursuant to KRS 118.125 shall list on the notification and declaration the names of the candidates for Governor and Lieutenant Governor who shall jointly appear on the ballot. The slate of candidates for Governor and Lieutenant Governor shall be nominated jointly by the casting by each voter of a single vote applicable to both offices. No candidate for Governor or Lieutenant Governor shall appear individually on the ballot for the nomination he is seeking.

History. Enact. Acts 1992, ch. 288, § 14, effective July 14, 1992; 1994, ch. 458, § 19, effective July 15, 1994.

Compiler’s Notes.

Section 61 of Acts 1992, ch. 288 provides: “The provisions of Section 14 of this Act shall first apply to the filing of notifications and declarations for Governor and Lieutenant Governor for the statewide primary of 1995.”

NOTES TO DECISIONS

Cited:

Bunning v. Kentucky, 42 F.3d 1008, 1994 U.S. App. LEXIS 36103 (6th Cir. 1994).

Research References and Practice Aids

Kentucky Law Journal.

Notes, Campaign Finance Reform in Kentucky: The Race For Governor, 85 Ky. L.J. 723 (1996-97).

118.127. Slate of candidates for Governor and Lieutenant Governor. [Repealed effective July 15, 2020]

HISTORY: Enact. Acts 1992, ch. 288, § 14, effective July 14, 1992; 1994, ch. 458, § 19, effective July 15, 1994; repealed by 2020 ch. 88, § 12, effective July 15, 2020.

118.129. Spelling and form of candidate’s name on ballot.

  1. The  Secretary of State or the county clerk, as appropriate, shall certify the  exact spelling and form of the name of the candidate to be printed on all  ballots in accordance with the requirements listed in this section.
  2. A  candidate’s nickname which is found to be, in the discretion of the Secretary  of State or the county clerk, as appropriate, a title, rank, degree, job description,  or spurious phrase shall be placed on the ballot only if it is the candidate’s  bona fide nickname, generally used by acquaintances of the candidate in the  county of residence to refer to the candidate, and if the nickname is acknowledged,  by affidavit, under oath, by five (5) residents of the county in which the  candidate resides, to be a bona fide nickname. The candidate shall also acknowledge,  by affidavit under oath, that this is his bona fide nickname and is not being  used to gain an advantage on the ballot.
  3. A  nickname shall always appear set off in quotation marks and immediately before  the last name. Periods shall follow all abbreviations or initials. Additional  qualifiers following the last name, such as “Jr” or “III”  shall not be separated from the last name by a comma and shall be followed  by a period.
  4. The  candidate’s name shall always appear in the following form: first or given  name or initial; middle name or names or initials, if desired by the candidate;  nickname if desired by the candidate; and last or surname in full. All names  shall be in substantially the following form: John Lincoln “Jack”  Doe; or J. Lincoln “Jack” Doe; or J. L. “Jack” Doe  Jr.; or any of the above combinations without the intervening nickname.
  5. The  total number of spaces, inclusive of letters, spaces, and punctuation, which  may be utilized on the ballot for a candidate’s name and, if any, nickname,  shall be twenty-five (25). Notwithstanding the listing of the candidate’s  name on the filing papers, spaces, periods, quotation marks, and commas necessary  for proper punctuation shall be added by the Secretary of State or the county  clerk, as appropriate. No candidate’s name shall exceed twenty-five (25) spaces.  The Secretary of State or the county clerk, as appropriate, shall determine  the correct listing for any candidate whose name exceeds twenty-five (25)  spaces to conform to this requirement.

History. Enact. Acts 1992, ch. 186, § 2, effective November 5, 1992.

118.130. When certificates and petitions of nominations to be filed. [Repealed.]

Compiler’s Notes.

This section (1456, 1482, 1520a-15: amend. Acts 1942, ch. 174, § 3; 1946, ch. 242, § 26; 1964, ch. 142, § 3) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 118.365 .

118.135. Vacancy before primary, independent to file when. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1964, ch. 142, § 8) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 118.375 .

118.136. “Dummy” candidates prohibited.

No person shall file a notification and declaration to become a candidate in a primary election as a pretended, fictitious or “dummy” candidate for the purpose of influencing or controlling the selection of challengers or inspectors or officers of election, nor shall any person solicit, persuade, urge, influence or induce another person to file a notification and declaration with the intention that such person become a pretended, fictitious or “dummy” candidate for the purpose of influencing or controlling the selection of challengers or inspectors or officers of election.

History. Enact. Acts 1974, ch. 130, § 103.

118.140. Time certificates and petitions to be preserved. [Repealed.]

Compiler’s Notes.

This section (1455) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 118.385 .

118.145. Nomination of candidates for judicial officers. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 104) was repealed by Acts 1976, ch. 54, § 30, effective March 10, 1976. For present law, see KRS 118A.060 .

118.150. Secretary of state to certify names of candidates to county clerks. [Repealed.]

Compiler’s Notes.

This section (1457, 1550-34: Acts 1942, ch. 174, § 4) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 118.215 .

118.155. Nomination of candidates serving in Armed Forces.

  1. The  provisions of KRS 118.125 shall not apply to any eligible person serving in  the Armed Forces of the United States while this country is at war. The name  of such person shall be printed on the official ballot of his party for an  office for which he is eligible in any primary election when an application  has been filed on his behalf by two (2) reputable electors of the party at  whose hands he seeks the nomination.
  2. Such  application shall be accompanied by a statement signed by the proposed candidate  authorizing the action of the electors.
  3. The  application and the candidate’s statement, herein mentioned, shall be filed  in good faith and with the proper officer at the proper time, as provided  for other candidates in primary elections.
  4. The  form of such application shall be similar to that of the affidavits required  of electors in behalf of other candidates as provided in KRS 118.125 .
  5. Before  such a successful candidate is given a certificate of nomination, he shall  file with the county clerk of the county in which he resides a statement that  during the campaign for the nomination he did not, and while a candidate for  the office will not, knowingly violate any election law or any law relating  to corrupt and fraudulent practice in campaigns or elections in this state,  and if elected will qualify for the office.

History. Enact. Acts 1974, ch. 130, § 105; 1976, ch. 54, § 25, effective March 10, 1976.

118.160. Withdrawal of nomination. [Repealed.]

Compiler’s Notes.

This section (1458) was repealed by Acts 1972, ch. 188, § 69.

118.165. Filing of nomination papers — Certification — Ineligibility of Senior Status Special Judge.

  1. Except as provided in KRS Chapters 116 to 121, candidates for offices to be voted for by the electors of one (1) county or of a district less than one (1) county, except members of Congress and members of the General Assembly, shall file their nomination papers with the county clerk of the county not earlier than the first Wednesday after the first Monday in November of the year preceding the year the office will appear on the ballot and not later than the first Friday following the first Monday in January preceding the day fixed by law for holding the primary.
  2. Candidates for offices to be voted for by the electors of more than one (1) county, and for members of Congress and members of the General Assembly, shall file their nomination papers with the Secretary of State not earlier than the first Wednesday after the first Monday in November of the year preceding the year the office will appear on the ballot and not later than the first Friday following the first Monday in January preceding the day fixed by law for holding the primary. Signatures for nomination papers shall not be affixed on the document to be filed prior to the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot. All nomination papers shall be filed no later than 4 p.m. local time at the place of filing when filed on the last date on which the papers may be filed.
  3. The Secretary of State or the county clerk shall examine the notification and declaration form of each candidate to determine whether it is regular on its face. If there is an error, the proper officer shall notify the candidate by certified mail within twenty-four (24) hours of filing.
  4. A judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate or a nominee for any elected office during the five (5) year term prescribed in KRS 21.580 (1)(a)1., regardless of the number of days served by the judge acting as a Senior Status Special Judge.

History. Enact. Acts 1974, ch. 130, § 106; 1976, ch. 7, § 2; 1978, ch. 318, § 6, effective June 17, 1978; 1980, ch. 114, § 14, effective July 15, 1980; 1982, ch. 394, § 20, effective July 15, 1982; 1982, ch. 402, § 4, effective January 1, 1984; 1984, ch. 185, § 10, effective July 13, 1984; 1984, ch. 185, § 11, effective January 1, 1985; 1986, ch. 185, § 1, effective January 1, 1987; 1988, ch. 17, § 10, effective July 15, 1988; 1988, ch. 238, § 1, effective July 15, 1988; 1990, ch. 48, § 40, effective July 13, 1990; 1992, ch. 296, § 8, effective July 14, 1992; 1998, ch. 2, § 3, effective July 15, 1998; 2008, ch. 79, § 11, effective July 15, 2008; 2013, ch. 66, § 3, effective June 25, 2013; 2019 ch. 187, § 2, effective November 6, 2019.

NOTES TO DECISIONS

1. Constitutionality.

Former statute that required all candidates to present their nominating petitions some seven months before the general election was not unreasonable or unconstitutionally discriminatory against independent candidates, and did not infringe upon the right of individuals to associate for advancement of a political belief. Pratt v. Begley, 352 F. Supp. 328, 1970 U.S. Dist. LEXIS 9944 (E.D. Ky. 1970 ), aff’d, 409 U.S. 943, 93 S. Ct. 282, 34 L. Ed. 2d 214, 1972 U.S. LEXIS 916 (1972), aff’d, Pratt v. Begley, 409 U.S. 943, 93 S. Ct. 282, 34 L. Ed. 2d 214, 1972 U.S. LEXIS 916 (1972) (decided under prior law).

2. Timely Filing.

Nomination papers may be filed, or withdrawn, any time prior to midnight on the last day for filing. Ruby v. Smothers, 270 Ky. 153 , 109 S.W.2d 392, 1937 Ky. LEXIS 38 ( Ky. 1937 ) (decided under prior law).

The day of the primary election should be excluded in the count under the language of the former section and excluded from the count under the language of KRS 118.130 (repealed). Treadway v. Miller, 354 S.W.2d 500, 1962 Ky. LEXIS 43 ( Ky. 1962 ) (decided under prior law).

Where date of primary election was May 26, 1981, nomination papers filed on April 1, 1981 were timely under this section which requires that the last day on which nomination papers may be filed is the 55th day prior to election. Perry v. Baesler, 616 S.W.2d 38, 1981 Ky. LEXIS 244 ( Ky. 1981 ).

3. Minimum Time Mandatory.

In overruling Hallon v. Center, 102 Ky. 119 , 43 S.W. 174 (1897), to the extent it held merely directory a statutory provision fixing a time before which nominating papers could not be filed, this court held that a premature filing was no filing at all and it could not be treated as a mere tender to the clerk for filing at the proper time. Fannin v. Cassell, 487 S.W.2d 919, 1972 Ky. LEXIS 86 ( Ky. 1972 ) (decided under prior law).

4. Place.

Nomination papers of candidate for Circuit Judge where judicial district embraces only one county are to be filed with county clerk. Ray v. Kirby, 165 Ky. 573 , 177 S.W. 464, 1915 Ky. LEXIS 575 ( Ky. 1915 ) (decided under prior law).

5. Withdrawal.

Sole candidate for an office in the primary had right to withdraw after time for filing nomination papers had expired and before day of primary, even though the withdrawal was part of a conspiracy to deprive party of nominee for such office. Ruby v. Smothers, 270 Ky. 153 , 109 S.W.2d 392, 1937 Ky. LEXIS 38 ( Ky. 1937 ) (decided under prior law).

6. Examination of documents.

Since the Secretary of State examined the notification and declaration papers of the slate of candidates, determined that the documents were regular on their face, and the filing deadline passed without any change in the slate, the candidate’s running mate was “disqualified” within the meaning of KRS 121A.080(11) when the trial court later determined that the running made did not meet a residency requirement necessary to allow the running mate to remain on the slate; since the running mate was “disqualified to hold the office sought,” and the Secretary of State certified the vacancy, the candidate was entitled to name a new running mate pursuant to KRS 121A.080(11). Heleringer v. Brown, 104 S.W.3d 397, 2003 Ky. LEXIS 97 ( Ky. 2003 ).

Opinions of Attorney General.

Candidates for Circuit Judge are permitted to run for nomination in the primary as candidates for both political parties as well as independents, but where a candidate running on both tickets in the primary was defeated, in order to run as an independent for Circuit Judge, he must have filed his petition not later than 55 days before the May primary, which was the same filing deadline for party nominees. OAG 75-424 .

In an election to fill a vacancy on a city council, if the candidate was seeking a party nomination, his notification and declaration papers for the 1976 primary must have been filed no later than March 31, 1976. OAG 76-15 .

Inasmuch as the notification requirements apply only to those candidates filing notification and declaration papers for a primary election, neither the Secretary of State nor the county clerk is required to notify independent candidates filing petitions for the November election. OAG 76-750 .

Where one of the electors executing the affidavit on behalf of a candidate changed his party affiliation subsequent to the last November election, he is disqualified as a qualified elector for the primary election, since he must not only have been affiliated with the candidate’s party at the last November election but must also remain so affiliated under KRS 116.055 and the candidate in question should withdraw his filing papers and execute one that complies with the statutory requirement since his papers are defective, but he may, upon notification under this section, correct such error not later than 72 hours after the filing deadline; otherwise his name shall not be placed on the ballot. OAG 81-126 .

The 1984 amendment to this section eliminated the provision allowing a candidate to correct any error found on the face of the petition not later than 72 hours after the filing deadline. Thus, once the deadline for filing has lapsed, under KRS 118.365 , the filing papers of the candidate cannot be changed or corrected. OAG 85-67 .

When a nominating paper is regular on its face, that is, properly filled out and duly notarized as required with respect to a candidate’s notification and declaration paper, the clerk has no choice but to place the name of the nominee on the ballot as requested by the nominating paper; he cannot question the qualification of the candidate or his signers or go behind the face of the certificate of nomination. OAG 85-67 .

The county clerk is not required to check the name of the two signers of a candidate’s notification and declaration paper to determine whether or not they are registered members of his political party. The determination of this question is a matter for an opposing candidate or a qualified voter of the party to raise in circuit court pursuant to the provisions of KRS 118.176 . OAG 85-67 .

The 120-day filing deadline established in this section and KRS 118.365 and 118A.060 was meant to uniformly apply to all filing deadlines, except those for municipal offices, and therefore by implication applies to candidates seeking unexpired terms under the provisions of KRS 118.115 , 118.375 and 118A.100 . OAG 89-5 .

Failure to designate a campaign treasurer does not prevent a candidate’s name from appearing on the ballot, although it may have other adverse consequences, such as sanctions specified in KRS 121.990 . OAG 2005-08 .

Research References and Practice Aids

Kentucky Law Journal.

Notes, Campaign Finance Reform in Kentucky: The Race For Governor, 85 Ky. L.J. 723 (1996-97).

118.170. Form of ballot — Party emblems — Method of indicating public questions. [Repealed.]

Compiler’s Notes.

This section (1459 to 1462: amend. Acts 1942, ch. 169, §§ 1, 3; 1942, ch. 174, § 5) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972. For present law, see KRS 118.215 , 118.225and 118.405 .

118.171. Name of candidate to appear but once. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1964, ch. 142, § 4, effective June 18, 1964) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972. For present law, see KRS 118.215 , 118.225 and 118.405 .

118.173. Judicial ballots, contents, how arranged. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1963 (3rd Ex. Sess.), ch. 2, § 1, effective January 1, 1964; 1970, ch. 92, § 24, effective June 18, 1970) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972. For present law, see KRS 118A.060 , 118A.090 .

118.175. Arrangement of names on ballots in elections of city officers. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 28, § 1; 1962, ch. 88, § 2, effective June 14, 1962) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972. For present law, see KRS 118.215 , 118.225 .

118.176. Challenging good faith of candidate.

  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 or election in a primary or 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 any candidate seeking nomination or election in a primary or in a special or regular election may be commenced at any time prior to the 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.

History. Enact. Acts 1974, ch. 130, § 107; 1976, ch. 62, § 86; 1976, ch. 247, § 7; 1976 (Ex. Sess.), ch. 14, § 131, effective January 2, 1978; 1984, ch. 413, § 2, effective April 11, 1984; 2001, ch. 52, § 1, effective June 21, 2001; 2010, ch. 123, § 1, effective July 15, 2010.

NOTES TO DECISIONS

1. In General.

KRS Chapter 118A contains no provision for challenging the qualifications of a judicial candidate, and the application of this section is not prohibited by the express wording of KRS 118A.010 . Noble v. Meagher, 686 S.W.2d 458, 1985 Ky. LEXIS 207 ( Ky. 1985 ).

The recodification of this section, effective April 11, 1984, did not alter the application of prior case law or the purpose of the legislation. Noble v. Meagher, 686 S.W.2d 458, 1985 Ky. LEXIS 207 ( Ky. 1985 ).

Challenger’s motion to set aside the trial court’s final judgment that found the candidate was a bona fide candidate and was entitled to designate a new running mate under the provisions of KRS 121A.080(11) was rejected, as the candidate’s prior running mate was disqualified by a trial court decision holding the running mate was disqualified to hold the office after it was found that the running mate was not a bona fide candidate due to a residency requirement and the candidate first obtained a certification from the Secretary of State that the election slate had a vacancy. Heleringer v. Brown, 104 S.W.3d 397, 2003 Ky. LEXIS 97 ( Ky. 2003 ).

2. Constitutionality.

To the extent that subsection (4) of this section provides that the action of the Court of Appeals shall be final it runs athwart Ky. Const., § 110(2) (b), which authorizes the Supreme Court to exercise appellate jurisdiction as provided by its rules. Thomas v. Lyons, 586 S.W.2d 711, 1979 Ky. LEXIS 284 ( Ky. 1979 ).

3. Application.

The 1984 amendment and recodification of this section, extending the coverage of the statute to include any candidate seeking nomination or election in a primary or general election, applies to candidates for judicial office. Noble v. Meagher, 686 S.W.2d 458, 1985 Ky. LEXIS 207 ( Ky. 1985 ).

This section applies to nonpartisan judicial elections, and requires that a challenge to the qualifications of a judicial candidate must be brought in the county or counties which comprise the judicial district. Noble v. Meagher, 686 S.W.2d 458, 1985 Ky. LEXIS 207 ( Ky. 1985 ).

Incumbent was not entitled to a writ of mandamus because a candidate's declaratory judgment action was not a challenge to his bona fides, but was a challenge to the statute that prevented him from being a bona fide candidate, the incumbent failed to satisfy the threshold criteria for obtaining relief by an original action, and there was no sufficient showing that the court lacked subject-matter jurisdiction or acted erroneously within its jurisdiction to the incumbent's irreparable detriment. Davis v. Wingate, 2014 Ky. App. LEXIS 147 (Ky. Ct. App. June 10, 2014), aff'd, 437 S.W.3d 720, 2014 Ky. LEXIS 352 ( Ky. 2014 ).

4. Legislative Intent.

The 1984 amendment to this section was passed as emergency legislation because it was thought that there was no method for challenging the qualification of some candidates, and was intended to fill that gap. Noble v. Meagher, 686 S.W.2d 458, 1985 Ky. LEXIS 207 ( Ky. 1985 ).

5. Election as an Independent.

The expression “election as an independent” in subsection (2) of this section was intended to and should be construed as referring to primary elections, and the only “independents” who run in primary elections are those who run in nonpartisan primaries. Thomas v. Lyons, 586 S.W.2d 711, 1979 Ky. LEXIS 284 ( Ky. 1979 ).

6. Urban-County Governments.

Statutes drafted for cities with different forms of government from the urban-county government are nevertheless applicable to the election laws applicable to cities of the second class operating under the city-manager form of government. Thomas v. Lyons, 586 S.W.2d 711, 1979 Ky. LEXIS 284 ( Ky. 1979 ).

7. Challenges.

A voter who was qualified to vote for the nomination of the candidate of his political party in the primary election had a sufficient justiciable interest to entitle him to maintain a pre-primary suit for a determination of the validity of the declaration papers of the candidate for nomination at the primary election. Fletcher v. Wilson, 495 S.W.2d 787, 1973 Ky. LEXIS 410 ( Ky. 1973 ) (decided under prior law).

The proper method for challenging the qualifications of a candidate is by the procedure set out in this section. Burkhart v. Blanton, 635 S.W.2d 328, 1982 Ky. App. LEXIS 222 (Ky. Ct. App. 1982); Noble v. Meagher, 686 S.W.2d 458, 1985 Ky. LEXIS 207 ( Ky. 1985 ).

Challenges to the qualifications of candidates to appear on the ballot must be made before the primary election. Noble v. Meagher, 686 S.W.2d 458, 1985 Ky. LEXIS 207 ( Ky. 1985 ).

The challenge to qualifications under this section before a general election is permitted only in cases in which there was no primary. Noble v. Meagher, 686 S.W.2d 458, 1985 Ky. LEXIS 207 ( Ky. 1985 ).

KRS 118.176 permits a Circuit Court to consider and adjudicate challenges to a candidate’s bona fides that are commenced prior to the general election. There are no limitations placed on the movant as to how far in advance of the election the action may be commenced, nor are there limitations placed on the circuit court concerning time limitations for adjudication. Stephenson v. Woodward, 182 S.W.3d 162, 2005 Ky. LEXIS 391 ( Ky. 2005 ).

The General Assembly has specifically conferred jurisdiction upon the courts to adjudicate challenges questioning the qualifications of candidates through KRS 118.176 , and that delegation of authority in KRS 118.176 in no way infringes upon the constitutional authority of the General Assembly to judge the qualifications of its members pursuant to Ky. Const., § 38. Stephenson v. Woodward, 182 S.W.3d 162, 2005 Ky. LEXIS 391 ( Ky. 2005 ).

8. — Parties.

Under this section, either a voter or an opposing candidate may institute a preprimary challenge. Noble v. Meagher, 686 S.W.2d 458, 1985 Ky. LEXIS 207 ( Ky. 1985 ).

Trial court erred in requiring notification to the Attorney General because no appellant's brief was filed in the expedited proceeding, the Attorney General did not have a vested institutional interest in a challenge to a candidate's bona fides, was not subject to the injunction issued, and was not an indispensable party. Rosen v. Hall, 2014 Ky. App. LEXIS 146 (Ky. Ct. App. June 4, 2014).

9. Power of Judicial Branch.

The judicial branch has no inherent power to pass on the validity of elections or the eligibility of candidates, but only has such powers as is given by the General Assembly or as was possessed at common law through a quo warranto proceeding. Noble v. Meagher, 686 S.W.2d 458, 1985 Ky. LEXIS 207 ( Ky. 1985 ).

10. Where Incompatible Office Sought.

Once a candidate has filed papers seeking nomination for public office, that candidate cannot then file papers seeking nomination or election to an incompatible office unless the candidate has first withdrawn his nomination in accordance with KRS 118.212 . Klein v. Doll, 777 S.W.2d 602, 1989 Ky. App. LEXIS 164 (Ky. Ct. App. 1989).

11. Nomination Petition.
12. — Signatures.

The language of KRS 118.315(2) is sufficiently explicit and unambiguous to require its literal application and precludes a voter from authorizing another to sign for him or her; names of persons authorizing their names to be affixed to independent candidate’s petition for nomination but not personally signing it were invalid and candidate was disqualified. Barnard v. Stone, 933 S.W.2d 394, 1996 Ky. LEXIS 114 ( Ky. 1996 ).

A voter who was qualified to vote for the nomination of the candidate of his political party in the primary election had a sufficient justiciable interest to entitle him to maintain a pre-primary suit for a determination of the validity of the declaration papers of the candidate for nomination at the primary election. Fletcher v. Wilson, 495 S.W.2d 787, 1973 Ky. LEXIS 410 ( Ky. 1973 ).

Cited:

Dickey v. Bagby, 574 S.W.2d 922, 1978 Ky. App. LEXIS 638 (Ky. Ct. App. 1978); Hall v. Miller, 584 S.W.2d 51, 1979 Ky. App. LEXIS 433 (Ky. Ct. App. 1979); Ky. State Bd. of Elections v. Faulkner, 591 S.W.3d 398, 2018 Ky. LEXIS 525 ( Ky. 2018 ).

Opinions of Attorney General.

To prevent a candidate’s name from appearing on the November ballot, after his petition has been filed and accepted by the clerk, it is necessary for a summary action to be filed in Circuit Court pursuant to this section by either an opposing candidate or a qualified voter. OAG 74-676.

If the clerk conditionally accepts a petition pending a determination as to its compliance with the requirements of KRS 118.315 , he may reject it when the petition is determined invalid; but if it was accepted unconditionally, it will be necessary for an opposing candidate or a qualified voter to bring a summary action in Circuit Court to prevent the proposed candidate’s name from appearing on the ballot. OAG 74-677 .

If a candidate’s filing papers are in order the county clerk must accept them without going behind the papers to determine the candidate’s qualifications, for it is up to an opposing candidate or a qualified voter to bring an action to disqualify the candidate. OAG 77-160 .

Where there was a question as to whether one of the magisterial candidates nominated at the May primary legally resided in the particular magisterial district from which he was nominated, neither the fiscal court nor county board of elections nor any other county agency had any duty or authority to investigate or intervene in the matter of the candidate’s residence; however, if the candidate had been elected and assumed office without possessing the residential qualifications as required by the Kentucky Constitution he would have been subject to removal as a usurper by the Commonwealth’s attorney under the terms of KRS Chapter 415. OAG 77-513 .

Where a candidate’s petition contained only 18 valid signatures following the deduction of those who had previously signed an opposing candidate’s petition, the petition did not qualify under the terms of KRS 83A.170 requiring a minimum of 20 petitioners. However, where the petition was not challenged either by an opponent or a qualified voter in court pursuant to this section before the primary, nor was the clerk requested, before the primary, to check the signatures against the registration record of signers, and the candidate was, as a consequence, nominated for office, the filing papers could not be challenged after the nomination and before the election. OAG 82-512 .

If a candidate for a municipal office does in fact move out of the city prior to his election, the question of disqualifying him by having his name removed from the ballot is a matter that must be determined by a Circuit Court action brought by an opposing candidate under the terms of this section; if such action is not brought at that time, his qualifications cannot be attacked after the election in a contest suit. On the other hand, if he is not a legal resident when he enters office, he becomes a usurper subject to removal by the Attorney General under the usurpation statute, particularly KRS 415.050 . OAG 84-12 .

The county clerk is not required to check the names of the two signers of a candidate’s notification and declaration paper to determine whether or not they are registered members of his political party. The determination of this question is a matter for an opposing candidate or a qualified voter of the party to raise in Circuit Court pursuant to the provisions of this section. OAG 85-67 .

Research References and Practice Aids

Kentucky Bench & Bar.

Bartlett, The Selection and Election of Judges in Kentucky, Vol. 53, No. 3, Summer 1989, Ky. Bench & Bar 26.

Kentucky Law Journal.

Meredith, Look Homeward Candidate: Evaluating and Reforming Kentucky’s Residency Definition and Bona Fides Challenges in Order to Avoid a Potential Crisis in Gubernatorial Elections., 95 Ky. L.J. 211 (2006/2007).

Salamanca & Keller, The Legislative Privilege to Judge the Qualifications, Elections, and Returns of Members., 95 Ky. L.J. 241 (2006/2007).

Treatises

Caldwell’s Kentucky Form Book, 5th Ed., Motion to Transfer, Form 101.07.

118.180. Paper on which ballots to be printed. [Repealed.]

Compiler’s Notes.

This section (1460, 1462: Acts 1942, ch. 169, § 1; 1946, ch. 242, § 27; 1954, ch. 26, § 6) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.145 .

118.185. Certification of unopposed candidate.

If it appears, after the expiration of the time for filing nomination papers, that there is only one (1) candidate who has filed the necessary papers for a place on the ballot of any party on whose ballot he is entitled to have his name printed, the officer with whom the papers are filed shall immediately issue and file in his office a certificate of nomination, and send a copy to the candidate.

History. Enact. Acts 1974, ch. 130, § 108.

NOTES TO DECISIONS

1. Duty of Clerk.

If the nomination papers are regular on their face, and the candidate has no opposition, it is the duty of the clerk to issue a certificate of nomination. Hettel v. Furste, 260 Ky. 844 , 86 S.W.2d 1018, 1935 Ky. LEXIS 570 ( Ky. 1935 ) (decided under prior law).

Where Republican candidate was elected without opposition, request of other candidate that clerk file certificates for all Republican candidates was substantial compliance with requirement for filing. Walker v. Horton, 274 Ky. 310 , 118 S.W.2d 781, 1938 Ky. LEXIS 290 ( Ky. 1938 ). See Hurt v. Bell, 274 Ky. 318 , 118 S.W.2d 785, 1938 Ky. LEXIS 291 ( Ky. 1938 ) (decided under prior law).

Where evidence showed that county clerk did not actually deliver certificates of nomination to candidates who had no opposition, presumption was that clerk otherwise did his duty by signing such certificates. Evidence showed that there was substantial compliance with this section. Walker v. Horton, 274 Ky. 310 , 118 S.W.2d 781, 1938 Ky. LEXIS 290 ( Ky. 1938 ) (decided under prior law).

2. Fewer Candidates Than Offices.

Where at the expiration of the time for filing for race in primary, five (5) candidates were seeking six (6) nominations for councilman in one ward and four (4) candidates were seeking six (6) nominations in the other ward, each of these candidates was entitled to a certificate of nomination under this section. Brock v. Helton, 395 S.W.2d 765, 1965 Ky. LEXIS 161 ( Ky. 1965 ) (decided under prior law).

3. Enjoining Issuance.

A candidate for the Republican nomination cannot enjoin the issuance of a certificate of unopposed nomination to a candidate for the Democratic nomination. Hettel v. Furste, 260 Ky. 844 , 86 S.W.2d 1018, 1935 Ky. LEXIS 570 ( Ky. 1935 ) (decided under prior law).

Opinions of Attorney General.

Failure to designate a campaign treasurer does not prevent a candidate’s name from appearing on the ballot, although it may have other adverse consequences, such as sanctions specified in KRS 121.990 . OAG 2005-08 .

118.190. When ballots to be printed — Number to be furnished each precinct. [Repealed.]

Compiler’s Notes.

This section (1465) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.145 .

118.195. Inspection of nomination papers.

All nomination papers filed under KRS 118.165 and 118.365 shall at all times be subject to inspection by any person.

History. Enact. Acts 1974, ch. 130, § 109; 1976, ch. 247, § 13.

118.200. Method of filling vacancy in candidacy after ballots are printed. [Repealed.]

Compiler’s Notes.

This section (1464) was repealed by Acts 1972, ch. 188, § 69.

118.205. Register of candidates.

The Secretary of State and the county clerks shall each keep a book entitled “Register of Candidates for Nomination in the Primary Election,” and shall enter on different pages of the book for the different political parties the title of office sought and name and residence of each candidate for nomination in the primary election, the name of his political party, and the date of receiving his nomination papers. The book shall be so kept that the names of all candidates of the same political party shall be on the same or successive pages and the names of candidates of no two (2) political parties shall appear on the same page. The books shall be public records.

History. Enact. Acts 1974, ch. 130, § 110; 1978, ch. 384, § 253, effective June 17, 1978.

118.210. Preparation of seals, envelopes, stencils and other election supplies — Delivery of ballots and supplies to precincts. [Repealed.]

Compiler’s Notes.

This section (1465) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.195 .

118.212. When candidate’s name not to be certified or printed on ballot — Effect of death or withdrawal of candidate — Notice required at polls — Penalty.

  1. If,  before the time of certification of candidates who will appear on the ballot  provided in KRS 118.215 , any candidate whose notification and declaration  or certificate or petition of nomination has been filed in the office of the  Secretary of State dies or notifies the Secretary of State in writing, signed  and properly notarized that he will not accept the nomination or election,  the Secretary of State shall not certify his name.
  2. If,  after the certification of candidates who will appear on the ballot, any candidate  whose notification and declaration or certificate or petition of nomination  has been filed in the office of the county clerk dies or notifies the clerk,  in the manner described in subsection (1) of this section, that he will not  accept the nomination or election, the clerk shall ensure that notice is provided  to the appropriate precincts as provided in subsection (5) of this section.
  3. If,  after the certification of candidates who will appear on the ballot, any candidate  whose notification and declaration or certificate or petition of nomination  has been filed in the office of the Secretary of State dies or notifies the  Secretary of State in the manner described in subsection (1) of this section,  that he will not accept the nomination or election, the Secretary of State  shall immediately notify the appropriate county clerk, and the clerk shall  ensure that notice is provided to the appropriate precincts as provided in  subsection (5) of this section.
  4. If,  after the certification of candidates who will appear on the ballot, any candidate  whose name appears on the ballot shall officially withdraw or die, neither  the precinct election officers nor the county board of elections shall tabulate  or record the votes cast for the candidate; and, if there is only one (1)  remaining candidate on the ballot for that office in a primary election, following  the withdrawal or death of the other candidate or candidates, neither the  precinct election officers nor the county board of elections shall tabulate  or record the votes for the remaining candidate, and the officer with whom  the remaining candidate has filed his or her nomination papers shall immediately  issue and file in his or her office a certificate of nomination for that remaining  candidate and send a copy to the remaining candidate.
  5. If,  after the certification of candidates who will appear on the ballot, any candidate  whose name appears on the ballot shall officially withdraw or die, the county  clerk shall provide a notice to the precinct election officers who shall see  that the notice is conspicuously displayed at the polling place advising voters  of the change, and that votes for the candidate shall not be tabulated or  recorded. If the county clerk learns of the death or withdrawal at least five  (5) days prior to the election and provides the notice required by this subsection  and the precinct officers fail to post the notice at the polling place, the  precinct officers shall be guilty of a violation subject to a fine of not  less than ten dollars ($10) nor more than two hundred fifty dollars ($250).

History. Enact. Acts 1976, ch. 247, § 8; 1984, ch. 185, § 12, effective July 13, 1984; 1986, ch. 470, § 24, effective July 15, 1986; 1990, ch. 48, § 41, effective July 13, 1990; 1998, ch. 2, § 4, effective July 15, 1998; 2003, ch. 101, § 1, effective June 24, 2003.

NOTES TO DECISIONS

1. Notice of Withdrawal.

Injunctive relief would not be granted to a presidential candidate who sought to have his name stricken from the ballot of a presidential primary election, where the presidential candidate, who had been running as a Republican at the time the board of elections nominated him to appear on the primary ballot but who decided to seek the presidency as an independent, did not give written notice of the withdrawal of his candidacy until after the Secretary of State’s certification of the primary ballot. Anderson v. Mills, 491 F. Supp. 1231, 1980 U.S. Dist. LEXIS 13620 (E.D. Ky. 1980 ).

A candidate’s name may not be removed or obliterated from the ballot where his or her declaration of withdrawal from the contest was not filed until after the ballots had been printed. Mason v. Malone, 751 S.W.2d 40, 1988 Ky. App. LEXIS 101 (Ky. Ct. App. 1988).

2. Where Incompatible Office Sought.

Once a candidate has filed papers seeking nomination for public office, that candidate cannot then file papers seeking nomination or election to an incompatible office unless the candidate has first withdrawn his nomination in accordance with this section. Klein v. Doll, 777 S.W.2d 602, 1989 Ky. App. LEXIS 164 (Ky. Ct. App. 1989).

Opinions of Attorney General.

Where the ballots for the November election had already been printed, the affidavit of a candidate for school board seeking to withdraw as a candidate came too late and there was no statutory authority for locking the voting machine by the candidate’s name and placing a sticker over his name on the ballot at his request; if the candidate had gone into the circuit court and procured an order directing the clerk to block his name on the machine, then the clerk would have had to comply, otherwise there was no provision for blocking him off the ballot. OAG 76-622 .

Where the Secretary of State, pursuant to KRS 118.215 , duly certified the names to be placed on the presidential preference primary ballot, a withdrawal letter received one week later from one of the certified candidates could not be legally accepted, and the Secretary of State could not order that his name be stricken from the ballot. OAG 80-241 .

118.215. Certification of candidates or slates by Secretary of State — Order of listing county offices — Use of supplemental paper ballots — Approval of State Board of Elections — Ballot position unalterable.

  1. After the order of the names has been determined as provided in KRS 118.225 , the Secretary of State shall certify, to the county clerks of the respective counties entitled to participate in the nomination or election of the respective candidates, the name, place of residence, and party of each candidate or slate of candidates for each office, as specified in the nomination papers or certificates and petitions of nomination filed with him or her, and shall designate the device with which the candidate groups, slates of candidates, or lists of candidates of each party shall be printed, in the order in which they are to appear on the ballot, with precedence to be given to the party that polled the highest number of votes at the preceding election for presidential electors, followed by the political party which received the second highest number of votes, with the order of any other political parties and independents to be determined by lot. Candidates for county offices and local state offices shall be listed in the following order: Commonwealth’s attorney, circuit clerk, property valuation administrator, county judge/executive, county attorney, county clerk, sheriff, jailer, county commissioner, coroner, justice of the peace, and constable. The names of candidates for President and Vice President shall be certified in lieu of certifying the names of the candidates for presidential electors. The names shall be certified as follows:
    1. Not later than the second Monday after the filing deadline for the primary as established in KRS 83A.045 , 118.165 , and 118A.060 ;
    2. Not later than the second Monday following the filing deadline for the regular election, except as provided in paragraph (c) of this subsection; and
    3. Not later than the Monday after the Friday following the first Tuesday in September preceding a regular election, for those years in which there is an election for President and Vice President of the United States.
  2. Except as otherwise provided in subsection (3) of this section, all independent candidates or slates of candidates whose nominating petitions are filed with the county clerk or the Secretary of State shall be listed under the title and device designated by them as provided in KRS 118.315 , or if none is designated, under the word “independent,” and shall be placed on the ballot in a separate column or columns or in a separate line or lines according to the office which they seek. The order in which independent candidates or slates of candidates shall appear on the ballot shall be determined by lot by the county clerk. If the same device is selected by two (2) groups of petitioners, it shall be given to the first selecting it and the county clerk shall permit the other group to select a suitable device. This section shall not apply to candidates for municipal offices which come under subsection (3) of this section.
  3. The ballots used at any election in which city officers are to be elected as provided in subsection (2) of this section shall contain the names of candidates for the city offices grouped according to the offices they seek, and the candidates shall be immediately arranged with and designated by the title of office they seek. The order in which the names of the candidates for each office are to be printed on the ballot shall be determined by lot. Each group of candidates for each separate office for which the candidates are to be elected shall be clearly separated from other groups on the ballot and spaced to avoid confusion on the part of the voter.
  4. The Secretary of State shall not knowingly certify to the county clerk of any county the name of any candidate or slate of candidates who has not filed the required nomination papers, nor knowingly fail to certify the name of any candidate or slate of candidates who has filed the required nomination papers.
  5. If the county clerk determines that the number of certified candidates or slates of candidates cannot be placed on a ballot which can be accommodated by the voting machines currently in use by the county, he or she shall so notify the State Board of Elections not later than the last Tuesday in February preceding the primary or the last Tuesday in August preceding the regular election. The State Board of Elections shall meet within five (5) days of the notice, review the ballot conditions, and determine whether supplemental paper ballots are necessary for the election. Upon approval of the State Board of Elections, supplemental paper ballots may be used for nonpartisan candidates or slates of candidates for an office or offices and public questions submitted for a yes or no vote. All candidates or slates of candidates for any particular office shall be placed either on the machine ballot or on the paper ballot. Supplemental paper ballots may also be used to conduct the voting, in the instance of a small precinct as provided in KRS 117.066 .
  6. The ballot position of a candidate or slate of candidates shall not be changed after the ballot position has been designated by the county clerk.

History. Enact. Acts 1974, ch. 130, § 111; 1976, ch. 199, § 2; 1976, ch. 247, § 9; 1976 (Ex. Sess.), ch. 1, § 2; 1982, ch. 394, § 21, effective July 15, 1982; 1984, ch. 185, § 13, effective July 13, 1984; 1986, ch. 470, § 25, effective July 15, 1986; 1990, ch. 48, § 42, effective July 13, 1990; 1990, ch. 169, § 7, effective July 13, 1990; 1992, ch. 288, § 39, effective July 14, 1992; 1992, ch. 296, § 9, effective July 14, 1992; 1996, ch. 195, § 14, effective July 15, 1996; 2002, ch. 129, § 4, effective April 2, 2002; 2007, ch. 133, § 2, effective April 5, 2007; 2008, ch. 129, § 8, effective July 15, 2008; 2018 ch. 162, § 3, effective November 7, 2018; 2019 ch. 187, § 4, effective November 6, 2019.

NOTES TO DECISIONS

1. County Clerk.

The county court clerk had authority to enter into contracts for the material and printing of ballots. Jefferson County Fiscal Court v. Theisen, 297 Ky. 810 , 181 S.W.2d 436, 1944 Ky. LEXIS 828 ( Ky. 1944 ) (decided under prior law).

When the candidate and the running mate formed an election slate upon the Secretary of State certifying to the county clerk their names, places of residence, and party affiliation, the slate acquired a legal existence that continued until the running mate was found by a trial court not to be a bona fide candidate; accordingly, the subsequent finding that the running mate was “disqualified to hold the office sought,” and the Secretary of State’s certification of a vacancy on the slate permitted the candidate, under KRS 121A.080(11) to name a new running mate as a replacement. Heleringer v. Brown, 104 S.W.3d 397, 2003 Ky. LEXIS 97 ( Ky. 2003 ).

2. — Duty to Place Name on Ballot.

When a certificate of nomination made under party law had been filed substantially in the form and manner prescribed by statute, the county clerk could not question the validity of the nomination proceedings. Commonwealth v. Combs, 120 Ky. 368 , 86 S.W. 697, 27 Ky. L. Rptr. 751 , 1905 Ky. LEXIS 112 ( Ky. 1905 ) (decided under prior law).

The county clerk was liable in damages for failing to place upon the ballot the name of a person properly nominated and whose evidence of nomination had been filed within the required time. The clerk could not defend upon the ground that the nominee had violated the corrupt practices act, unless the nomination had been adjudged void on that ground by a court in a contest proceeding. Judd v. Polk, 267 Ky. 408 , 102 S.W.2d 325, 1937 Ky. LEXIS 323 ( Ky. 1937 ) (decided under prior law).

3. Independent Candidates.

Where there was an independent candidate for each of four county offices, and the county clerk placed the name of the candidate for sheriff in a separate column, with the candidate’s picture at the head and the words “Independent Party for Sheriff, S.T. Jackson” below the picture, and placed each of the other independent candidates in separate columns, with similar headings, instead of placing all of the independents in one column, and there was no political organization known as the “Independent Party” in the county, the form of the ballot was not improper. Bargo v. Tedders, 254 Ky. 341 , 71 S.W.2d 660, 1934 Ky. LEXIS 82 ( Ky. 1934 ) (decided under prior law).

Where two (2) candidates were running for the unexpired term for sheriff and the name of one of the candidates was placed at the foot of the column of one of the major parties under the heading “For Sheriff,” and the other’s name, he being the only independent candidate, was placed at the head of that column under the caption “For the Unexpired Term for Sheriff,” the election to fill that office was invalid because it was not conducted in compliance with the statute and because it was not “free and equal” as required by the constitution. Davidson v. White, 307 Ky. 269 , 210 S.W.2d 943, 1948 Ky. LEXIS 726 ( Ky. 1948 ) (decided under prior law).

4. Device.

Where independent ticket for five offices was nominated by petition, and the petition requested that the names be placed upon the ballot in one column under one device, it was the duty of the county clerk to so place them. Browning v. Lovett, 29 Ky. L. Rptr. 692 (1906) (decided under prior law).

Failure of clerk to place on ballot the device designated in petition of nomination would not invalidate votes cast for such candidate. Thompson v. Yowell, 137 Ky. 766 , 126 S.W. 1102, 1910 Ky. LEXIS 623 ( Ky. 1910 ) (decided under prior law).

No device or symbol should be used that will give one side an undue advantage over the other. Conley v. Hardwick, 141 Ky. 136 , 132 S.W. 140, 1910 Ky. LEXIS 398 ( Ky. 1910 ) (decided under prior law).

Where there were six (6) places on city council to be filled at election, and six (6) candidates filed separate petitions, each designating same title and device, it was proper for county clerk to print all of such names in one column under the designated title and device. Craft v. Davidson, 189 Ky. 378 , 224 S.W. 1082, 1920 Ky. LEXIS 436 ( Ky. 1920 ) (decided under prior law).

Where candidate for police judge filed petition of nomination asking that his name be placed on ballot under title of “Citizen’s Ticket,” with horseshoe as emblem, and a group of candidates was nominated for other city offices by a petition selecting the name “Citizen’s Progressive Ticket” and also selecting horseshoe as emblem, the placing of the police judge candidate’s name on the ballot under the title and device of the “Citizen’s Progressive Ticket” would not invalidate his election in the absence of proof that there was a fraudulent motive. Rice v. Hord, 252 Ky. 469 , 67 S.W.2d 715, 1934 Ky. LEXIS 813 ( Ky. 1934 ) (decided under prior law).

The primary purpose of the party emblem or device on election ballots is to enable voters unable to read to cast their vote without the assistance of the election officers. Justice v. Whitt, 302 Ky. 319 , 194 S.W.2d 665, 1946 Ky. LEXIS 676 ( Ky. 1946 ) (decided under prior law).

5. Defective Ballots.

Mistake in printing consecutive numbers on ballots held not to be evidence of fraud. Hill v. Mottley, 142 Ky. 385 , 134 S.W. 469, 1911 Ky. LEXIS 206 (Ky.), modified, Hill v. Motley, 143 Ky. 158 , 136 S.W. 134, 1911 Ky. LEXIS 345 ( Ky. 1911 ) (decided under prior law).

Where names of candidates for magistrate were inadvertently omitted from Republican ballots for primary election, the county clerk had authority to have supplemental ballots printed and substituted for the defective ones. Rice v. Jones, 250 Ky. 385 , 63 S.W.2d 474, 1933 Ky. LEXIS 705 ( Ky. 1933 ) (decided under prior law).

Where, through mistake of printer, ballots for election of school board members in one educational division erroneously carried names of candidates from another division, instead of candidates from that division, neither election officers nor voters had right to strike out printed names and substitute written names of proper candidates, and all such ballots were void. Lakes v. Estridge, 294 Ky. 655 , 172 S.W.2d 454, 1943 Ky. LEXIS 509 ( Ky. 1943 ) (decided under prior law).

6. Injunction to Restrain Placing of Name on Ballot.

A temporary injunction restraining the placing of a candidate’s name on the ballot for the regular election cannot be issued without notice if the time remaining before the date of the regular election is so short that the candidate will not have time to establish his right to have his name printed on the ballot before the election is held. An injunction granted under such circumstances is void. Commonwealth v. Combs, 120 Ky. 368 , 86 S.W. 697, 27 Ky. L. Rptr. 751 , 1905 Ky. LEXIS 112 ( Ky. 1905 ) (decided under prior law).

Opinions of Attorney General.

Where two (2) groups of petitioners select the same device as their party designation, the clerk should award the device to the first group selecting it and permit the other group to choose another. OAG 75-347.

Although former subsection (5) of this section did not state a procedure for a candidate to withdraw before or after his nomination, it did authorize such withdrawal and, in the absence of any statutory inhibition, any candidate had the natural or inherent right to resign at any time and to have his name deleted from the ballot. OAG 75-392 .

In preparing the ballot for November election in which there are candidates from the Republican and Democrat parties as well as at least five independent candidates running for the unexpired term of sheriff, since the independent candidates did not indicate any independent party designation or symbol, together with the probability that there would not be enough columns on the voting machine to list each independent candidate in a separate column, it would appear to be less confusing to the voter to list the independents in a single column with instructions to vote for one. OAG 75-537 .

Although only candidate for commonwealth’s attorney in the primary automatically became the party’s nominee immediately after the deadline for filing was passed a letter of withdrawal after such date was valid under former subsection (5) of this section, and a vacancy occurred which could be filled by the party executive committee under KRS 118.105(3), notwithstanding a later letter by such candidate, sent before the executive committee acted, asking that the previous letter of withdrawal be disregarded and that his name be placed on the ballot. OAG 75-588 .

All city elections involving independent candidates in cities of the fourth class as well as cities of other classes must be held on a nonpartisan basis in compliance with the terms of subsection (3) of this section. OAG 76-275 .

Regardless of how independent city candidates file, either by group or individually, and irrespective of whether they designate a title and device, they must be listed in conformance with subsection (3) of this section; therefore, even though not only the title but the device goes to the first candidate or group of candidates filing under subsection (2) of this section, in the end it is of no significance in view of subsection (3) of this section. OAG 77-240 .

Although an independent candidate can be listed under a title or device designated by him, such a candidate may not use a title containing the word “Democrat” or “Republican.” OAG 79-368.

Where a candidate inserts on his nominating papers superficial phrases (such as “I am a Democrat” or “Stop the bus”) in connection with or as part of his name, which can in no way be legally relevant to his name or normally used in conjunction therewith such as an honorary title or “nickname,” such phrases should not be included by the Secretary of State in the certification to the various clerks. OAG 80-203 .

Where the Secretary of State duly certified the names to be placed on the presidential preference primary ballot, a withdrawal letter received one week later from one of the certified candidates could not be legally accepted, and the Secretary of State could not order that his name be stricken from the ballot. OAG 80-241 .

Sixth-class cities will automatically elect their officers in a nonpartisan general election in November 1981 under subsection (3) of this section unless it elects to operate under the nonpartisan city primary statutory provision of KRS 83A.170 by enacting an ordinance to that effect 240 days before the general election. OAG 81-32 .

Where a candidate for mayor and city council have filed independent petitions for their offices, they must be listed on the November ballot in a single, vertical column by lot under the office they seek in accordance with this section, but there can be no independent party designation above or by their names; however, independent candidates for the office of magistrate must be listed each in separate columns under the independent party name and symbol that they designated, or, if none is designated, under the title “Independent.” OAG 81-265 .

Subsection (1) of this section clearly authorizes independent candidates for all offices, other than municipal and school board, to select a brief name or title of the party he desires to represent as well as a simple figure or device that he desires to be designated under on the voting machines. OAG 83-279 .

Candidates running as independents for the office of city council may file either individual petitions or a group petition containing not more than the number of councilmen to be elected; regardless of how the candidates file, whether individually or by group, they must draw for positions on the ballot by lot as required by subsection (3) of this section. Under the present statute independents cannot as permitted in the past designate individual party symbols and names and be listed separately; they are to be grouped according to the office they seek in a single column. OAG 83-408 .

The office of magistrate/representative should be listed as indicated in this section for justices of the peace following the officer of coroner. OAG 85-30 .

Failure to designate a campaign treasurer does not prevent a candidate’s name from appearing on the ballot, although it may have other adverse consequences, such as sanctions specified in KRS 121.990 . OAG 2005-08 .

118.220. Instruction cards. [Repealed.]

Compiler’s Notes.

This section (1466) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.175 .

118.225. Determination of order of names on ballot.

  1. For the purpose of determining the order in which the names of candidates or slates of candidates to be voted for by the electors of the entire state shall be certified and printed on the ballots with the designation of the respective offices, the Secretary of State shall prepare lists of the counties of each congressional district of the state. The Secretary of State shall arrange the surnames of all candidates or slates of candidates for each office in alphabetical order for the First Congressional District, and the names shall be certified in this order to the county clerks of all the counties comprising that district. For each succeeding congressional district, taken in numerical order, the name appearing first for each office in the last preceding district shall be placed last, and the name appearing second in the last preceding district shall be placed first, and each other name shall be moved up one (1) place. The lists shall be certified accordingly.
  2. For all other offices for which nomination papers and petitions are filed with the Secretary of State, the order of names of candidates for each office shall be determined by lot at a public drawing to be held in the office of the Secretary of State at 2 p.m., standard time, on the Thursday following the filing deadline for the primary as established in KRS 83A.045 , 118.165 , and 118A.060 or the Thursday following the first Tuesday after the first Monday in June preceding the regular election.
  3. For all offices for which nomination papers and petitions are filed in the office of the county clerk, the order in which the names of candidates for each office are to be printed on the ballot shall be determined by lot at a public drawing in the office of the county clerk at 2 p.m., standard time, on the Thursday following the filing deadline for the primary as established in KRS 83A.045 , 118.165 , and 118A.060 or the Thursday following the first Tuesday after the first Monday in June preceding the regular election.
  4. For all offices for which the deadline for filing nomination papers and petitions is governed by KRS 83A.165(4)(c) or 118.375(2), the order in which the names of candidates for each office are to be printed shall be determined by lot at a public drawing in the office at the place of filing at 2 p.m., standard time, on the Thursday following the second Tuesday in August preceding the regular election.
  5. If the number of certified candidates or slates of candidates cannot be placed on a ballot which can be accommodated on voting machines currently in use in the county, the county clerk shall notify the State Board of Elections, as provided in KRS 118.215 .

History. Enact. Acts 1974, ch. 130, § 112; 1976 (Ex. Sess.), ch. 1, § 10; 1982, ch. 394, § 22, effective July 15, 1982; 1984, ch. 185, § 14, effective July 13, 1984; 1986, ch. 470, § 26, effective July 15, 1986; 1990, ch. 48, § 43, effective July 13, 1990; 1992, ch. 288, § 40, effective July 14, 1992; 1992, ch. 296, § 10, effective July 14, 1992; 1996, ch. 195, § 15, effective July 15, 1996; 2008, ch. 129, § 9, effective July 15, 2008; 2018 ch. 162, § 4, effective November 7, 2018; 2019 ch. 187, § 5, effective November 6, 2019.

NOTES TO DECISIONS

1. Arrangement of Names in Columns.

Former similar section did not require that the names in each column be arranged according to the importance of the office. Eversole v. Holliday, 123 Ky. 496 , 96 S.W. 590, 29 Ky. L. Rptr. 927 , 1906 Ky. LEXIS 168 ( Ky. 1906 ) (decided under prior law).

Where there were a large number of candidates of each party, and to place the candidates in single columns would have required a ballot of unwieldy length, it was proper to use two columns for each party, each column being headed by the party device, and the columns being so arranged that the names of the candidates for each office were opposite each other. Nuetzel v. Will, 210 Ky. 453 , 276 S.W. 137, 1925 Ky. LEXIS 705 ( Ky. 1925 ) (decided under prior law).

118.226. Filling vacancy in candidacy for Lieutenant Governor. [Effective July 15, 2020]

  1. If a vacancy occurs in a candidacy for the office of Lieutenant Governor because of death, disqualification to hold the office sought, or a severe disabling condition that arose after the slate formed a campaign committee, the candidate for the office of Governor on that slate may designate a replacement for the vacant candidate.
  2. The designation of a replacement shall be on forms filed with the Secretary of State, but only following certification to the candidate for the office of Governor by the Secretary of State that a vacancy exists for a reason specified in subsection (1) of this section.
  3. If a replacement candidate for a vacancy in candidacy for Lieutenant Governor is made for a reason specified in subsection (1) of this section after the ballots are printed for the regular election, notices informing the voters of the change in composition of the slate shall be posted at each precinct polling place.

HISTORY: 2020 ch. 88, § 2, effective July 15, 2020.

118.227. Method for filling vacancy in slate of candidates before primary election. [Repealed effective July 15, 2020]

  1. If a vacancy occurs in a slate of candidates before the ballots are printed for the primary election because of death, disqualification to hold the office sought, or severe disabling condition which arose after the deadline for filing the notification and declaration, the remaining member of the slate may:
    1. Designate a replacement for the vacant candidate; or
    2. Change the composition of the slate and designate a running mate.

      Any changes made to the slate of candidates as set forth in this subsection shall be made on forms prescribed by the State Board of Elections and filed with the Secretary of State not later than the deadline for printing primary election ballots, but only following certification to the remaining candidates by the Secretary of State that a vacancy exists for a reason specified in this subsection. The Secretary of State shall immediately certify any changes made to a slate of candidates to the appropriate county clerk, the Registry of Election Finance, and the State Board of Elections.

  2. If a vacancy occurs in a slate of candidates after the ballots are printed for the primary, the remaining member of the slate may:
    1. Designate a replacement for the vacant candidate; or
    2. Change the composition of the slate and designate a running mate.

      Any changes made to the slate of candidates as set forth in this subsection shall be made on forms prescribed by the State Board of Elections and filed with the Secretary of State filed with the registry prior to the primary election, but only following certification to the remaining candidate by the Secretary of State that a vacancy exists for a reason specified in subsection (1) of this section. The Secretary of State shall immediately certify any changes made to a slate of candidates to the appropriate county clerk, the Registry of Election Finance, and the State Board of Elections.

  3. If a replacement for a vacant candidate is made after the ballots are printed for the primary because of death, disqualification to hold the office sought, or severe disabling condition which arose after the deadline for filing the notification and declaration, notices informing the voters of the change in the composition of the slate shall be printed by the State Board of Elections and sent to the appropriate county clerk to be posted at each precinct polling place. Any votes cast prior to any changes made to the composition of a slate shall be counted as votes cast for the new slate composition.
  4. The provisions of KRS 118.105 shall apply to vacancies occurring in the nomination of a qualifying slate of candidates.

History. Enact. Acts 2005, ch. 105, § 16, effective March 16, 2005; 2008, ch. 79, § 12, effective July 15, 2008.

118.227. Method for filling vacancy in slate of candidates before primary election. [Repealed effective July 15, 2020]

HISTORY: Enact. Acts 2005, ch. 105, § 16, effective March 16, 2005; 2008, ch. 79, § 12, effective July 15, 2008; repealed by 2020 ch. 88, § 12, effective July 15, 2020.

118.230. Ballot boxes — Adoption — Specifications — Locks — Delivery to election officers. [Repealed.]

Compiler’s Notes.

This section (1468, 1483a) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.195 .

118.235. Publication of names of candidates by county clerk. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 113) was repealed by Acts 2003, ch. 88, § 2, effective June 24, 2003.

118.240. Challengers at regular election. [Repealed.]

Compiler’s Notes.

This section (1470, 1481: amend. Acts 1964, ch. 142, § 5; 1968, ch. 181, § 1) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.315 .

118.245. Number of votes necessary to nominate candidates or slates — Section not applicable to presidential primaries. [Effective until July 15, 2020]

  1. The candidate for office, other than the offices of Governor and Lieutenant Governor, receiving the highest number of votes in a primary election for the office for which he is a candidate shall be the nominee of his party for that office and shall receive the certificate of nomination.
  2. The slate of candidates for Governor and Lieutenant Governor receiving the highest number of votes in a primary shall be the nominees of that party for Governor and Lieutenant Governor, and that slate of candidates shall receive the certificate of nomination.
  3. If two (2) or more candidates or slates of candidates in a primary election are found to have received the highest and an equal number of votes for nomination to the same office, the election shall be determined by lot in the manner the board directs, in the presence of not less than three (3) other persons. This section does not apply to presidential primaries.

History. Enact. Acts 1974, ch. 130, § 114; 1982, ch. 394, § 23, effective July 15, 1982; 1984, ch. 111, § 63, effective July 13, 1984; 1984, ch. 185, § 15, effective July 13, 1984; 1986, ch. 29, § 13, effective July 15, 1986; 1992, ch. 288, § 41, effective July 14, 1992; 2008, ch. 129, § 1, effective July 15, 2008.

NOTES TO DECISIONS

1. Contest.

Where, in contest between two candidates for nomination, recount of ballots reduced total votes for both parties below that of a third candidate, who was not a party to the contest, neither party could have been declared elected, nor could candidate who was not a party have been declared elected. Cooper v. Montgomery, 230 Ky. 633 , 20 S.W.2d 479, 1929 Ky. LEXIS 151 ( Ky. 1929 ) (decided under prior law).

The courts had no power to declare a primary election void, notwithstanding widespread fraud and illegal voting, but must have declared elected the person who received the greatest number of legal votes, unless all candidates violated the corrupt practice act. Douglas v. Greene, 231 Ky. 44 , 20 S.W.2d 1026, 1929 Ky. LEXIS 208 ( Ky. 1929 ) (decided under prior law).

2. Less Than Plurality.

A candidate who received less than a plurality of the votes could not have been declared elected unless he established that all candidates who received more votes than he did violated the corrupt practice act. Cooper v. Montgomery, 230 Ky. 633 , 20 S.W.2d 479, 1929 Ky. LEXIS 151 ( Ky. 1929 ) (decided under prior law).

118.245. Number of votes necessary to nominate candidates — Section not applicable to presidential primaries. [Effective July 15, 2020]

  1. The candidate for office receiving the highest number of votes in a primary for the office for which he or she is a candidate shall be the nominee of his or her party for that office and shall receive the certificate of nomination.
  2. If two (2) or more candidates in a primary are found to have received the highest and an equal number of votes for nomination to the same office, the election shall be determined by lot in the manner the board directs, in the presence of not less than three (3) other persons. This section does not apply to presidential primaries.

HISTORY: Enact. Acts 1974, ch. 130, § 114; 1982, ch. 394, § 23, effective July 15, 1982; 1984, ch. 111, § 63, effective July 13, 1984; 1984, ch. 185, § 15, effective July 13, 1984; 1986, ch. 29, § 13, effective July 15, 1986; 1992, ch. 288, § 41, effective July 14, 1992; 2008, ch. 129, § 1, effective July 15, 2008; 2020 ch. 88, § 7, effective July 15, 2020.

118.250. Written oath of voter when qualifications questioned — Grand jury to investigate oaths. [Repealed.]

Compiler’s Notes.

This section (1477a: amend. Acts 1966, ch. 255, § 120) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.245 .

118.255. Fees.

  1. The Secretary of State shall receive a fee of five hundred dollars ($500) for a candidate for statewide elected state office or the Congress, two hundred dollars ($200) for a candidate for Commonwealth’s attorney, the General Assembly, or the District Court, Circuit Court, Court of Appeals, or Supreme Court, twenty dollars ($20) for candidates for a city office, fifty dollars ($50) for other candidates who file with the Secretary of State for each notification and declaration and petition filed with him, and fifty dollars ($50) for a write-in candidate for office, to be paid by the candidate, or the candidate’s representative, when the notification and declaration and petition or declaration of intent is filed.
  2. The county clerk shall receive a fee pursuant to KRS 64.012 for each notification and declaration and petition filed with him to be paid by the candidate at the time of the filing.

History. Enact. Acts 1974, ch. 130, § 115; 1976, ch. 7, § 3; 1978, ch. 84, § 2, effective June 17, 1978; 1982, ch. 394, § 24, effective July 15, 1982; 1992, ch. 288, § 58, effective July 14, 1992; 1996, ch. 195, § 16, effective July 15, 1996; 2002, ch. 34, § 2, effective July 15, 2002; 2003, ch. 88, § 1, effective June 24, 2003; 2005, ch. 105, § 1, effective March 16, 2005; 2014, ch. 92, § 212, effective January 1, 2015.

NOTES TO DECISIONS

1. Listing and Registering Candidates.

County clerk was entitled to recover fees for listing and registering names of candidates. Bates v. Greenup County, 282 Ky. 268 , 138 S.W.2d 463, 1940 Ky. LEXIS 160 ( Ky. 1940 ) (decided under prior law).

2. Services to Election Commission.

County clerk was not entitled to recover more than $5 per day for services rendered to election commission. Bates v. Greenup County, 282 Ky. 268 , 138 S.W.2d 463, 1940 Ky. LEXIS 160 ( Ky. 1940 ) (decided under prior law).

118.260. Hearing witnesses as to qualifications of voter — Challenge by another voter. [Repealed.]

Compiler’s Notes.

This section (1477) was repealed by Acts 1972, ch. 188, § 69.

118.270. Precinct sheriff to preserve order at polls, enforce laws and act as umpire. [Repealed.]

Compiler’s Notes.

This section (1484) was repealed by Acts 1972, ch. 188, § 69.

118.280. Issuance and marking of ballot. [Repealed.]

Compiler’s Notes.

This section (1459, 1460, 1471, 1472: amend. Acts 1942, ch. 169, §§ 1, 3; 1952, ch. 136, sec. 1, effective June 19, 1952) was repealed by Acts 1972, ch. 188, § 69.

118.290. Casting ballot — Voting to be prompt. [Repealed.]

Compiler’s Notes.

This section (472, 1569: amend. Acts 1942, ch. 169, §§ 2, 4) was repealed by Acts 1972, ch. 188, § 69.

118.300. Voting by illiterate, blind or disabled voter. [Repealed.]

Compiler’s Notes.

This section (1475) was repealed by Acts 1972, ch. 188, § 69.

Regular Elections

118.305. Persons entitled to have name on ballot — Certification of names of candidates — Eligibility of candidates defeated in primary — Notification of vacancy in elective office — Ineligibility of Senior Status Special Judge. [Effective until July 15, 2020]

  1. Except as provided in KRS 118.345 , and subject to the provisions of subsections (2), (3), and (4) of this section, the county clerk of each county shall cause to be printed for the voting machines and on the absentee ballots for the regular election the names of the following persons:
    1. Candidates of a political party, as defined in KRS 118.015 , who have received certificates of nomination at the preceding primary, or certificates of nomination under KRS 118.185 , and whose certificates of nomination have been filed with the Secretary of State or the appropriate county clerk;
    2. Candidates of a political party, as defined in KRS 118.015 , who have been nominated for an unexpired term in a manner determined by the governing authority of the party, as provided in KRS 118.115 , and whose evidences of nomination have been filed with the Secretary of State or the appropriate county clerk within the time prescribed in this chapter;
    3. Candidates of a political party, as defined in KRS 118.015, who have been nominated by the governing authority of the party to fill a vacancy in the candidacy of a person nominated at the preceding primary election, as provided in KRS 118.105 , and whose certificates of nomination have been filed with the Secretary of State or the appropriate county clerk, by at least the date provided by the election law generally for such filing;
    4. Candidates who have been nominated by a political organization as provided in KRS 118.325 and whose certificates or petitions of nomination have been filed with the Secretary of State or the appropriate county clerk within the time prescribed in this chapter;
    5. Independent candidates who have been nominated by petition as provided in KRS 118.315 , and whose petitions of nomination have been filed with the Secretary of State or the appropriate county clerk within the time prescribed in this chapter;
    6. Successful nominees of all nonpartisan primaries which shall have been conducted;
    7. Candidates who have filed a petition of candidacy as shall be required to fill a vacancy which shall appear on the ballot;
    8. The county clerk shall determine whether the name of any replacement candidate who has been nominated as provided in KRS 118.105 (5) may be placed on the machine ballot or ballot cards and whether the voting machine may be reprogrammed to count the votes cast for that candidate or whether the ballot or ballot cards must be reprinted to accommodate votes cast for any replacement candidate and shall take the appropriate action to accommodate the replacement of any candidate. If the county clerk determines that the name of any replacement candidate cannot be accommodated on the existing ballot or ballot cards and if there is insufficient time before the election to reprint the entire ballot, the county clerk shall request approval to use supplemental paper ballots for voting for that office only in the same manner as permitted for other situations as provided in KRS 118.215(5), and, if approved, shall have an adequate number of supplemental paper ballots printed for voting for that office and only votes cast for that office by means of the supplemental paper ballots shall be tabulated and recorded by the precinct election officers and county board of elections. All actions by a county clerk, the State Board of Elections, and the Secretary of State which are necessary to provide for voting at a regular election for candidates nominated pursuant to KRS 118.105(5) shall be carried out with all possible speed. When a candidate has been replaced as provided in KRS 118.105(5) after absentee ballots have been printed and distributed for the regular election, neither the precinct election officers nor the county board of elections shall tabulate or record any absentee votes cast for the candidate who was replaced. If ballots are reprinted or supplemental paper ballots are printed, or if voting machines must be reprogrammed to count the votes cast for a replacement candidate, the costs for the printing and reprogramming shall be paid by the political party who has nominated a replacement candidate, or proportionately by each political party if each party nominates a replacement candidate;
    9. Candidates for President and Vice President of the United States, of those political parties and organizations who have nominated presidential electors as provided in KRS 118.325 , if the certificate of nomination of the electors has been filed with the Secretary of State within the time prescribed in this chapter;
    10. Candidates for soil and water district supervisors who have been nominated by petition as provided in KRS 262.210 ; and
    11. Candidates for city office for which no nonpartisan primary has been conducted in a city which requires nonpartisan city elections.
  2. Any candidate for city office who is defeated in a partisan or nonpartisan primary shall be ineligible as a candidate for the same office in the regular election.
  3. Candidates for members of boards of education shall have their names printed on ballot labels and absentee ballots for the regular election only after filing as provided in KRS 160.220 .
  4. Except as provided in KRS 118.105 and 118.115 , no candidate’s name shall be printed upon the ballot labels and absentee ballots for any regular election as the nominee of any political party, as defined in KRS 118.015 , or under the emblem of any political party, as so defined, except those candidates who have been duly and regularly nominated as nominees of that party at a primary held as provided in this chapter.
  5. No county clerk shall knowingly cause to be printed, upon the ballot labels or absentee ballots for any regular election, the name of any candidate of a political party, as defined in KRS 118.015 , who has not been nominated in the manner provided in the primary election laws or the name of any candidate who is not in compliance with the restrictions concerning party registration and candidacy provided in of KRS 118.315(1).
  6. The names of candidates for President and Vice President shall be certified in lieu of certifying the names of the candidates for presidential electors.
  7. When a vacancy occurs in an elective office which is required by law to be filled temporarily by appointment, the officer or body designated by law to make the appointment, or in the case of an office to be filled by appointment from a list of nominations, the officer or body designated by law to make the nominations, shall immediately notify in writing both the county clerk and Secretary of State of the vacancy.
  8. A judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate or a nominee for any elected office during the five (5) year term prescribed in KRS 21.580 (1)(a)1., regardless of the number of days served by the judge acting as a Senior Status Special Judge.

History. Enact. Acts 1974, ch. 130, § 116; 1982, ch. 394, § 25, effective July 15, 1982; 1984, ch. 185, § 16, effective July 13, 1984; 1986, ch. 287, § 13, effective July 15, 1986; 1988, ch. 341, § 36, effective July 15, 1988; 1990, ch. 48, § 44, effective July 13, 1990; 1990, ch. 366, § 7, effective July 13, 1990; 1994, ch. 482, § 2, effective April 13, 1994; 2007, ch. 46, § 2, effective June 26, 2007; 2013, ch. 66, § 4, effective June 25, 2013.

NOTES TO DECISIONS

1. Privilege Limited.

The right to vote and be voted for is a constitutional right, but the privilege of having one’s name printed on the ballot as a candidate is limited to those who comply with the statutory requirements. Asher v. Arnett, 280 Ky. 347 , 132 S.W.2d 772, 1939 Ky. LEXIS 87 ( Ky. 1939 ) (decided under prior law).

The right to have one’s name printed on a ballot as a candidate is a valuable right which will not be lightly disregarded. Lakes v. Estridge, 294 Ky. 655 , 172 S.W.2d 454, 1943 Ky. LEXIS 509 ( Ky. 1943 ) (decided under prior law).

2. Nomination by Primary Election.

Person who lost nomination of one party in primary election cannot have his name placed on the ballot as the candidate of another party where he would not have been entitled to have had his name placed on the primary ballot of the other party. Francis v. Sturgill, 163 Ky. 650 , 174 S.W. 753, 1915 Ky. LEXIS 318 ( Ky. 1915 ), limited, Napier v. Roberts, 172 Ky. 227 , 189 S.W. 206, 1916 Ky. LEXIS 191 ( Ky. 1916 ) (decided under prior law).

County clerk could not place on ballot name of person as candidate for office in city operating under commission form of government unless such person had been nominated at the primary provided for under the commission form of government law. Whitney v. Skinner, 194 Ky. 804 , 241 S.W. 350, 1922 Ky. LEXIS 259 ( Ky. 1922 ) (decided under prior law).

It was only candidates who sought to have their names placed on the ballot as the candidate of a political party within the meaning of KRS 119.010 (repealed) who had to be nominated under the primary election law. Eagle v. Cox, 268 Ky. 58 , 103 S.W.2d 682, 1937 Ky. LEXIS 411 ( Ky. 1937 ) (decided under prior law).

3. Nomination by Petition.

A person nominated by petition was not entitled to be placed on the ballot as the candidate of a party except when the party had failed to nominate a candidate by convention and the person who sought to have his name so placed on the ballot was in fact, and was shown to be, a nominee by petition of that party. Southall v. Griffith, 100 Ky. 91 , 37 S.W. 577, 18 Ky. L. Rptr. 599 , 1896 Ky. LEXIS 151 ( Ky. 1896 ) (decided under prior law).

4. Right to Question Validity of Nomination.

When a petition of nomination is regular on its face, the county clerk must place the name of the nominee on the ballot as requested by the petition, and he cannot question the qualifications of the persons who signed the petition. Wilkins v. Duffy, 114 Ky. 111 , 70 S.W. 668, 24 Ky. L. Rptr. 913 , 24 Ky. L. Rptr. 968 , 1902 Ky. LEXIS 157 ( Ky. 1902 ) (decided under prior law).

A party certificate of nomination cannot be collaterally impeached or ignored by the clerk. Commonwealth v. Combs, 120 Ky. 368 , 86 S.W. 697, 27 Ky. L. Rptr. 751 , 1905 Ky. LEXIS 112 ( Ky. 1905 ) (decided under prior law).

When a certificate of nomination made under party law is filed substantially in the form and manner prescribed by statute, the county clerk has no right to go behind the certificate to determine whether the nomination was rightfully done. Commonwealth v. Combs, 120 Ky. 368 , 86 S.W. 697, 27 Ky. L. Rptr. 751 , 1905 Ky. LEXIS 112 ( Ky. 1905 ) (decided under prior law).

In a contest of a regular election, the contestant had the right to challenge the legality of the means whereby the contestee procured the placing of his name on the ballot. Francis v. Sturgill, 163 Ky. 650 , 174 S.W. 753, 1915 Ky. LEXIS 318 ( Ky. 1915 ), limited, Napier v. Roberts, 172 Ky. 227 , 189 S.W. 206, 1916 Ky. LEXIS 191 ( Ky. 1916 ) (decided under prior law).

The fact that a person whose name was placed on the ballot as the candidate of a political party was not legally nominated as a candidate of such party may be proved in a contest proceeding, and if proved would deprive such candidate of the right to the election. Francis v. Sturgill, 163 Ky. 650 , 174 S.W. 753, 1915 Ky. LEXIS 318 ( Ky. 1915 ), limited, Napier v. Roberts, 172 Ky. 227 , 189 S.W. 206, 1916 Ky. LEXIS 191 ( Ky. 1916 ) (decided under prior law).

5. Injunction to Prevent Name on Ballot.

A temporary injunction restraining the placing of a candidate’s name on the ballot for the regular election cannot be issued without notice if the time remaining before the date of the regular election is so short that the candidate will not have time to establish his right to have his name printed on the ballot before the election is held. An injunction issued under such circumstances is void. Commonwealth v. Combs, 120 Ky. 368 , 86 S.W. 697, 27 Ky. L. Rptr. 751 , 1905 Ky. LEXIS 112 ( Ky. 1905 ) (decided under prior law).

6. Mandamus to Compel Name on Ballot.

The county clerk may be compelled by mandamus to place on the ballot the name of a person properly nominated. Schnabel v. Sutton, 213 Ky. 116 , 280 S.W. 488, 1926 Ky. LEXIS 463 ( Ky. 1926 ). See Commonwealth v. Combs, 120 Ky. 368 , 86 S.W. 697, 27 Ky. L. Rptr. 751 , 1905 Ky. LEXIS 112 ( Ky. 1905 ) (decided under prior law).

7. Liability for Failure to Place Name on Ballot.

The county clerk was liable in damages for failing to place upon the ballot the name of a person properly nominated and whose evidence of nomination had been filed within the required time. Judd v. Polk, 267 Ky. 408 , 102 S.W.2d 325, 1937 Ky. LEXIS 323 ( Ky. 1937 ) (decided under prior law).

8. Presumptions Arising from Placing of Name on Ballot.

When the county clerk has placed the name of a person on the ballot as the candidate of a party, it will be presumed, in the absence of proof, that such person was duly nominated and that the certificate of nomination was properly filed, since the clerk has the right to act upon his own knowledge. Parrish v. Powers, 127 Ky. 164 , 105 S.W. 391, 32 Ky. L. Rptr. 125 , 1907 Ky. LEXIS 127 ( Ky. 1907 ) (decided under prior law).

The placing of a person’s name upon the ballot, by the county clerk, as the candidate of a party for a designated office, created a presumption that such person possessed the qualifications necessary to make him eligible for the office. Parrish v. Powers, 127 Ky. 164 , 105 S.W. 391, 32 Ky. L. Rptr. 125 , 1907 Ky. LEXIS 127 ( Ky. 1907 ) (decided under prior law).

9. Names Written on Ballot.

The election clerk may not write on the ballot the name of any person, and any vote cast for a person whose name was so written on the ballot would not be counted. Hall v. Sumner, 194 Ky. 1 , 238 S.W. 197, 1922 Ky. LEXIS 114 ( Ky. 1 922). See Edwards v. Loy, 113 Ky. 746 , 68 S.W. 1091, 24 Ky. L. Rptr. 545 , 1902 Ky. LEXIS 102 ( Ky. 1902 ) (decided under prior law).

10. Mistake on Ballot.

Where county clerk, relying on opinion of attorney general and acting honestly, placed names of persons nominated by petition on ballot under title and device of “Independent Republican Party,” although petitions were sufficient to entitle persons to be placed on ballot as candidates of regular Republican party, no nomination by convention having been made, the election would not be held void notwithstanding that clerk’s conduct probably affected result of election. Wilkins v. Duffy, 114 Ky. 111 , 70 S.W. 668, 24 Ky. L. Rptr. 913 , 24 Ky. L. Rptr. 968 , 1902 Ky. LEXIS 157 ( Ky. 1902 ) (decided under prior law).

11. Violation of Corrupt Practice Law.

Violation of the corrupt practices law in the primary would not prevent a candidate’s name being printed on the ballot for the regular election unless the fact of violation had been declared by judgment of a court in a contest of the primary. Hardin v. Horn, 184 Ky. 548 , 212 S.W. 573, 1919 Ky. LEXIS 105 ( Ky. 1919 ). See Judd v. Polk, 267 Ky. 408 , 102 S.W.2d 325, 1937 Ky. LEXIS 323 ( Ky. 1937 ) (decided under prior law).

12. Pasters.

Where an individual who had not been nominated by any party as a candidate for office caused pasters to be printed bearing his name, and prevailed upon election officers in most precincts to past the pasters on the ballot under the emblem of the Democratic party, all votes for such candidate would be disregarded, but votes for other candidates on Democratic ticket would not be affected. Parrish v. Powers, 127 Ky. 164 , 105 S.W. 391, 32 Ky. L. Rptr. 125 , 1907 Ky. LEXIS 127 ( Ky. 1907 ) (decided under prior law).

13. Judicial Notice.

The court would take judicial notice of the fact that a certain political organization did not cast enough votes at the preceding presidential election to bring it within the definition of a political party as defined in KRS 119.010 (repealed). Eagle v. Cox, 268 Ky. 58 , 103 S.W.2d 682, 1937 Ky. LEXIS 411 ( Ky. 1937 ) (decided under prior law).

Opinions of Attorney General.

Where a school board member’s resignation is not tendered in writing to and accepted by the board more than 55 days prior to the general election, there is no vacancy and the office need not be placed on the ballot until the following election. OAG 75-635 .

118.305. Persons entitled to have name on ballot — Certification of names of candidates — Eligibility of candidates defeated in primary — Notification of vacancy in elective office — Ineligibility of Senior Status Special Judge. [Effective July 15, 2020]

  1. Except as provided in KRS 118.345 , and subject to the provisions of subsections (2), (3), and (4) of this section, the county clerk of each county shall cause to be printed for the voting machines and on the absentee ballots for the regular election the names of the following persons:
    1. Candidates of a political party, as defined in KRS 118.015 , who have received certificates of nomination at the preceding primary, or certificates of nomination under KRS 118.185 , and whose certificates of nomination have been filed with the Secretary of State or the appropriate county clerk;
    2. Candidates of a political party, as defined in KRS 118.015 , who have been nominated for an unexpired term in a manner determined by the governing authority of the party, as provided in KRS 118.115 , and whose evidences of nomination have been filed with the Secretary of State or the appropriate county clerk within the time prescribed in this chapter;
    3. Candidates of a political party, as defined in KRS 118.015, who have been nominated by the governing authority of the party to fill a vacancy in the candidacy of a person nominated at the preceding primary, as provided in KRS 118.105 , and whose certificates of nomination have been filed with the Secretary of State or the appropriate county clerk, by at least the date provided by the election law generally for such filing;
    4. Candidates who have been nominated by a political organization as provided in KRS 118.325 and whose certificates or petitions of nomination have been filed with the Secretary of State or the appropriate county clerk within the time prescribed in this chapter;
    5. Independent candidates who have been nominated by petition as provided in KRS 118.315 , and whose petitions of nomination have been filed with the Secretary of State or the appropriate county clerk within the time prescribed in this chapter;
    6. Successful nominees of all nonpartisan primaries which shall have been conducted;
    7. Candidates who have filed a petition of candidacy as shall be required to fill a vacancy which shall appear on the ballot;
    8. The county clerk shall determine whether the name of any replacement candidate who has been nominated as provided in KRS 118.105 (5) may be placed on the machine ballot or ballot cards and whether the voting machine may be reprogrammed to count the votes cast for that candidate or whether the ballot or ballot cards must be reprinted to accommodate votes cast for any replacement candidate and shall take the appropriate action to accommodate the replacement of any candidate. If the county clerk determines that the name of any replacement candidate cannot be accommodated on the existing ballot or ballot cards and if there is insufficient time before the election to reprint the entire ballot, the county clerk shall request approval to use supplemental paper ballots for voting for that office only in the same manner as permitted for other situations as provided in KRS 118.215(5), and, if approved, shall have an adequate number of supplemental paper ballots printed for voting for that office and only votes cast for that office by means of the supplemental paper ballots shall be tabulated and recorded by the precinct election officers and county board of elections. All actions by a county clerk, the State Board of Elections, and the Secretary of State which are necessary to provide for voting at a regular election for candidates nominated pursuant to KRS 118.105(5) shall be carried out with all possible speed. When a candidate has been replaced as provided in KRS 118.105(5) after absentee and federal provisional absentee ballots have been printed and distributed for the regular election, neither the precinct election officers nor the county board of elections shall tabulate or record any absentee or federal provisional absentee votes cast for the candidate who was replaced. If ballots are reprinted or supplemental paper ballots are printed, or if voting machines must be reprogrammed to count the votes cast for a replacement candidate, the costs for the printing and reprogramming shall be paid by the political party who has nominated a replacement candidate, or proportionately by each political party if each party nominates a replacement candidate;
    9. Candidates for President and Vice President of the United States, of those political parties and organizations who have nominated presidential electors as provided in KRS 118.325 , if the certificate of nomination of the electors has been filed with the Secretary of State within the time prescribed in this chapter;
    10. Candidates for soil and water district supervisors who have been nominated by petition as provided in KRS 262.210 ; and
    11. Candidates for city office for which no nonpartisan primary has been conducted in a city which requires nonpartisan city elections.
  2. Any candidate for city office who is defeated in a partisan or nonpartisan primary shall be ineligible as a candidate for the same office in the regular election.
  3. Candidates for members of boards of education shall have their names printed on ballot labels and absentee ballots for the regular election only after filing as provided in KRS 160.220 .
  4. Except as provided in KRS 118.105 and 118.115 , no candidate’s name shall be printed upon the ballot labels, federal provisional ballots, federal provisional absentee ballots, and absentee ballots for any regular election as the nominee of any political party, as defined in KRS 118.015 , or under the emblem of any political party, as so defined, except those candidates who have been duly and regularly nominated as nominees of that party at a primary held as provided in this chapter.
  5. No county clerk shall knowingly cause to be printed, upon the ballot labels, federal provisional ballots, federal provisional absentee ballots, or absentee ballots for any regular election, the name of any candidate of a political party, as defined in KRS 118.015 , who has not been nominated in the manner provided in the laws governing primaries or the name of any candidate who is not in compliance with the restrictions concerning party registration and candidacy provided in of KRS 118.315(1).
  6. The names of candidates for President and Vice President shall be certified in lieu of certifying the names of the candidates for presidential electors.
  7. When a vacancy occurs in an elective office which is required by law to be filled temporarily by appointment, the officer or body designated by law to make the appointment, or in the case of an office to be filled by appointment from a list of nominations, the officer or body designated by law to make the nominations, shall immediately notify in writing both the county clerk and Secretary of State of the vacancy.
  8. A judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate or a nominee for any elected office during the five (5) year term prescribed in KRS 21.580 (1)(a)1., regardless of the number of days served by the judge acting as a Senior Status Special Judge.

HISTORY: Enact. Acts 1974, ch. 130, § 116; 1982, ch. 394, § 25, effective July 15, 1982; 1984, ch. 185, § 16, effective July 13, 1984; 1986, ch. 287, § 13, effective July 15, 1986; 1988, ch. 341, § 36, effective July 15, 1988; 1990, ch. 48, § 44, effective July 13, 1990; 1990, ch. 366, § 7, effective July 13, 1990; 1994, ch. 482, § 2, effective April 13, 1994; 2007, ch. 46, § 2, effective June 26, 2007; 2013, ch. 66, § 4, effective June 25, 2013; 2020 ch. 89, § 28, effective July 15, 2020.

118.310. Ballot not voted — Spoiled ballot. [Repealed.]

Compiler’s Notes.

This section (1473) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.255 .

118.315. Nomination for regular election by petition — Form of petition — Examination of petition — Ineligibility of Senior Status Special Judge.

  1. A candidate for any office to be voted for at any regular election may be nominated by a petition of electors qualified to vote for him or her, complying with the provisions of subsection (2) of this section. No person whose registration status is as a registered member of a political party shall be eligible to election as an independent, or political organization, or political group candidate, nor shall any person be eligible to election as an independent, or political organization, or political group candidate whose registration status was as a registered member of a political party on January 1 immediately preceding the regular election for which the person seeks to be a candidate. This restriction shall not apply to candidates to those offices specified in KRS 118.105(7), for supervisor of a soil and water conservation district, for candidates for mayor or legislative body in cities of the home rule class, or to candidates participating in nonpartisan elections.
  2. The form of the petition shall be prescribed by the State Board of Elections. It shall be signed by the candidate and by registered voters from the district or jurisdiction from which the candidate seeks nomination. The petition shall include a declaration, sworn to by the candidate, that he or she possesses all the constitutional and statutory requirements of the office for which the candidate has filed. Signatures for a petition of nomination for a candidate seeking any office, excluding President of the United States in accordance with KRS 118.591(1), shall not be affixed on the document to be filed prior to the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot. Signatures for nomination papers shall not be affixed on the document to be filed prior to the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot. A petition of nomination for a state officer, or any officer for whom all the electors of the state are entitled to vote, shall contain five thousand (5,000) petitioners; for a representative in Congress from any congressional district, or for any officer from any other district except as herein provided, four hundred (400) petitioners; for a county officer, member of the General Assembly, or Commonwealth’s attorney, one hundred (100) petitioners; for a soil and water conservation district supervisor, twenty-five (25) petitioners; for a city officer or board of education member, two (2) petitioners; and for an officer of a division less than a county, except as herein provided, twenty (20) petitioners. It shall not be necessary that the signatures of the petition be appended to one (1) paper. Each petitioner shall include the date he or she affixes the signature, address of residence, and date of birth. Failure of a voter to include the signature affixation date, date of birth, and address of residence shall result in the signature not being counted. If any person joins in nominating, by petition, more than one (1) nominee for any office to be filled, he or she shall be counted as a petitioner for the candidate whose petition is filed first, except a petitioner for the nomination of candidates for soil and water conservation district supervisors may be counted for every petition to which his or her signature is affixed.
  3. Titles, ranks, or spurious phrases shall not be accepted on the filing papers and shall not be printed on the ballots as part of the candidate’s name; however, nicknames, initials, and contractions of given names may be accepted as the candidate’s name.
  4. The Secretary of State and county clerks shall examine the petitions of all candidates who file with them to determine whether each petition is regular on its face. If there is an error, the Secretary of State or the county clerk shall notify the candidate by certified mail within twenty-four (24) hours of filing.
  5. A judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate or a nominee for any elected office during the five (5) year term prescribed in KRS 21.580 (1)(a)1., regardless of the number of days served by the judge acting as a Senior Status Special Judge.

History. Enact. Acts 1974, ch. 130, § 117; 1978, ch. 318, § 7, effective June 17, 1978; 1982, ch. 394, § 26, effective July 15, 1982; 1984, ch. 185, § 17, effective July 13, 1984; 1986, ch. 287, § 14, effective July 15, 1986; 1986, ch. 470, § 27, effective July 15, 1986; 1988, ch. 17, § 11, effective July 15, 1988; 1990, ch. 48, § 45, effective July 13, 1990; 1990, ch. 166, § 1, effective July 13, 1990; 1990, ch. 476, Pt. V, § 304, effective July 13, 1990; 1992, ch. 296, § 11, effective July 14, 1992; 1998, ch. 2, § 5, effective July 15, 1998; 1998, ch. 243, § 2, effective April 1, 1998; 2000, ch. 275, § 2, effective July 14, 2000; 2003, ch. 53, § 1, effective June 24, 2003; 2005, ch. 71, § 8, effective June 20, 2005; 2006, ch. 187, § 1, effective July 12, 2006; 2008, ch. 79, § 13, effective July 15, 2008; 2010, ch. 123, § 2, effective July 15, 2010; 2013, ch. 66, § 5, effective June 25, 2013; 2014, ch. 92, § 213, effective January 1, 2015.

NOTES TO DECISIONS

1. Constitutionality.

The requirement of subsection (2) of this section that a candidate’s petition include a declaration that “the subscribers desire . . . . . to vote for the candidate” violates the right to a secret ballot guaranteed by Ky. Const., § 147, since the declaration operates to discourage signers from participating in the electoral process by revealing how they would vote. Anderson v. Mills, 664 F.2d 600, 1981 U.S. App. LEXIS 15841 (6th Cir. Ky. 1981 ).

The requirement of subsection (2) of this section, that only those supporters of a candidate who is attempting to be placed on the general election ballot through a petition need to declare that they desire to vote for that particular candidate, imposes an unnecessary burden on voting and associational rights in violation of the equal protection clause of U.S. Const., amend. 14; there is no compelling reason for making the declaration a mandatory part of the election in light of the less burdensome alternatives, such as restrictions on primary voting, to achieve the fundamental state interest. Anderson v. Mills, 664 F.2d 600, 1981 U.S. App. LEXIS 15841 (6th Cir. Ky. 1981 ).

The statutory scheme whereby a candidate is required by this section to obtain 5,000 signatures in order to be placed on the general ballot, but a candidate of a political party needs only two signatures to be placed on the primary ballot under the provisions of KRS 118.125 , does not violate the equal protection clause of the United States Constitution, since it reflects the Legislature’s recognition of the differences between established, well-financed parties and candidates and those parties and candidates who have no elaborate political network by providing greater access to the political process than a single route to the general election ballot. Anderson v. Mills, 664 F.2d 600, 1981 U.S. App. LEXIS 15841 (6th Cir. Ky. 1981 ).

The 1990 amendment to this section requiring nominating petitions to be signed by registered voters of the same political party affiliation as the petitioning candidate is unconstitutional and must be severed from this statute. Libertarian Party of Kentucky v. Ehrler, 776 F. Supp. 1200, 1991 U.S. Dist. LEXIS 16002 (E.D. Ky. 1991 ).

The 1990 amendment to this section that a voter who signs a nominating petition must include his Social Security number in order for his signature to be counted is in violation of Section VII of the Federal Privacy Act of 1974, Public Law 93-579, Title 5 USCS § 552a, and must be severed from this statute. Libertarian Party of Kentucky v. Ehrler, 776 F. Supp. 1200, 1991 U.S. Dist. LEXIS 16002 (E.D. Ky. 1991 ).

The requirement in subsection (2) of this section that a nominating petition of an independent candidate or a minority party candidate for statewide office contain the signatures of 5,000 registered voters in Kentucky is constitutional. Libertarian Party of Kentucky v. Ehrler, 776 F. Supp. 1200, 1991 U.S. Dist. LEXIS 16002 (E.D. Ky. 1991 ).

2. Construction.

The primary election law did not repeal that part of former similar section providing for nomination by petition of candidates who do not seek to be placed upon the ballot under the emblem of a political party within the meaning of the primary election law. Eagle v. Cox, 268 Ky. 58 , 103 S.W.2d 682, 1937 Ky. LEXIS 411 ( Ky. 1937 ) (decided under prior law).

While former similar section referred to “a candidate,” it was not to be construed as prohibiting several candidates for different offices from being grouped as one organization or under one name or device. Greene v. Slusher, 300 Ky. 715 , 190 S.W.2d 29, 1945 Ky. LEXIS 628 ( Ky. 1945 ).

Former similar section dealt only with nomination of independent candidates by petition and could not be used to keep the name of a candidate for justice of the peace off the primary ballot on grounds that the affidavits supporting his notification and declaration were filed by persons not qualified electors of the magisterial district involved. Brown v. Read, 311 Ky. 104 , 223 S.W.2d 592, 1949 Ky. LEXIS 1074 ( Ky. 1949 ) (decided under prior law).

Statute uses mandatory language of “shall” when requiring petitioners to date when they sign the nominating petition and “shall not” when specifying that the petition should not be signed earlier than a certain date; while the statute provides that certain missing information, including the lack of a date shall result in the signature not being counted, it does not specify the result which will follow if the petition contains a date that indicates the petitioner signed the petition prematurely. Stoecklin v. Fennell, 526 S.W.3d 104, 2017 Ky. App. LEXIS 440 (Ky. Ct. App. 2017).

Requirement in the statute that the nominating petition signatures be dated or they will not count, is not mandatory, so long as it can be established that the petition signers are eligible voters for the relevant election; if the provision that signatures be dated or they will not count is not mandatory, it is not logical to interpret the provision that voters must not sign before a certain date (which does not specify a penalty for noncompliance) as mandatory. Stoecklin v. Fennell, 526 S.W.3d 104, 2017 Ky. App. LEXIS 440 (Ky. Ct. App. 2017).

Requirement that petitioners not sign a nominating petition before a certain date is intended to ensure that voters sign the petition for the next election and will still likely be residents; where two voters sign the petition a day early, another voter signs two days early and another voter signs two weeks early, this intent was still accomplished, and the date on which the petition is signed is a mere directory requirement as to timing that does not affect the merits of the election. Stoecklin v. Fennell, 526 S.W.3d 104, 2017 Ky. App. LEXIS 440 (Ky. Ct. App. 2017).

3. Application.

Candidates for city offices in city operating under commission form of government cannot be nominated by petition. Whitney v. Skinner, 194 Ky. 804 , 241 S.W. 350, 1922 Ky. LEXIS 259 ( Ky. 1922 ) (decided under prior law).

4. Minority Political Parties.

Absent a showing of a significant modicum of support, members of a minority political party are not entitled to have their candidates placed on the November general election ballot. Libertarian Party of Kentucky v. Ehrler, 776 F. Supp. 1200, 1991 U.S. Dist. LEXIS 16002 (E.D. Ky. 1991 ).

5. Sufficiency of Petition.

Where petition of nomination prayed that nominee be placed upon the ballot as the nominee of a designated political party, but petition was not sufficient for that purpose, the nominee was not entitled to be placed upon the ballot as an independent. Southall v. Griffith, 100 Ky. 91 , 37 S.W. 577, 18 Ky. L. Rptr. 599 , 1896 Ky. LEXIS 151 ( Ky. 1896 ).

Circuit court properly affirmed the candidate's election to the city commission because there was substantial compliance with the statute; the fact that the petition was signed early was insignificant given that the nominating petition was signed by eligible registered voters, submitted timely, otherwise followed all statutory requirements and was not noted to have any error by the county clerk. Stoecklin v. Fennell, 526 S.W.3d 104, 2017 Ky. App. LEXIS 440 (Ky. Ct. App. 2017).

6. — Personal Signing Required.

The language of subsection (2) of this section is sufficiently explicit and unambiguous to require its literal application and precludes a voter from authorizing another to sign for him or her; names of persons authorizing their names to be affixed to independent candidate’s petition for nomination but not personally signing it were invalid and candidate was disqualified. Barnard v. Stone, 933 S.W.2d 394, 1996 Ky. LEXIS 114 ( Ky. 1996 ).

7. Nominations by Nonparty Organization.

Where independent ticket for five offices was nominated by petition, and the petition requested that the names be placed upon the ballot in one column under one device, it was the duty of the county clerk to so place them. Browning v. Lovett, 29 Ky. L. Rptr. 692 (1906) (decided under prior law).

A group of petitioners may select a party name and device, and nominate one candidate for each of several offices by one petition, in which it is requested that all of such nominees be placed on the ballot under the designated title and device. Asher v. Johnson, 192 Ky. 575 , 234 S.W. 18, 1921 Ky. LEXIS 110 ( Ky. 1921 ) (decided under prior law).

An organization of voters may nominate by petition a group of candidates, under a designated party name and device, and are entitled to have their nominees placed on the ballot under such name and device and it is not necessary that the persons signing the petition be members of the organization or party. Greene v. Slusher, 300 Ky. 715 , 190 S.W.2d 29, 1945 Ky. LEXIS 628 ( Ky. 1945 ) (decided under prior law).

It is a general rule that combinations of electors are entitled to nominate candidates by petition where they do not constitute a political party that is required by statute to make a nomination in another way. Queenan v. Mimms, 283 S.W.2d 380, 1955 Ky. LEXIS 313 ( Ky. 1955 ) (decided under prior law).

8. — Vacancy in Nomination.

A political organization, not constituting a “party” within the meaning of former statute that defined “political party” may fill a vacancy in its nomination by filing a supplementary petition of nomination, as contemplated by former law which provided procedure whereby a vacancy created by the death, resignation or removal of a candidate could be filled, even though the organization did not cast as much as two per cent of the votes at the last preceding election. Greene v. Slusher, 300 Ky. 715 , 190 S.W.2d 29, 1945 Ky. LEXIS 628 ( Ky. 1945 ) (decided under prior law).

9. Requirements of Petition.

It was not necessary that a petition seeking to have a person placed on the ballot as the candidate of a political party allege that the party has failed to nominate by convention. When the time for filing evidences of nomination has closed, if there was only one nomination of a party on file, and that was by petition, that fact was sufficient to inform the clerk that the party had failed to nominate by convention, and to warrant him in placing on the ballot the person nominated by petition. Wilkins v. Duffy, 114 Ky. 111 , 70 S.W. 668, 24 Ky. L. Rptr. 913 , 24 Ky. L. Rptr. 968 , 1902 Ky. LEXIS 157 ( Ky. 1902 ) (decided under prior law).

If a petition of nomination is properly signed, and the nominee is designated as a member and candidate of a political party for a designated office, and the party title and device is designated, the clerk must place the nominee on the ballot as the candidate of such party, unless a certificate of nomination by convention is filed before the time for filing expires, or unless petition for another candidate of such party has previously been filed. Wilkins v. Duffy, 114 Ky. 111 , 70 S.W. 668, 24 Ky. L. Rptr. 913 , 24 Ky. L. Rptr. 968 , 1902 Ky. LEXIS 157 ( Ky. 1902 ) (decided under prior law).

The requirements that the petition state the residence of the nominee, that he is legally qualified to hold the office, and that the petitioners desire and are legally qualified to vote for the nominee, are mandatory and a petition which failed to state those facts was not sufficient to entitle nominee to be placed on ballot. Ison v. Weddle, 226 Ky. 201 , 10 S.W.2d 814, 1928 Ky. LEXIS 56 ( Ky. 1928 ), overruled in part, Bogie v. Hill, 286 Ky. 732 , 151 S.W.2d 765, 1941 Ky. LEXIS 323 ( Ky. 1941 ). See Clark v. Nash, 192 Ky. 594 , 234 S.W. 1, 1921 Ky. LEXIS 102 ( Ky. 1921 ) (decided under prior law).

In regard to nominations by petition, it is not required that petitioners or candidates be members of the party or organization described, but simply that it be stated that the nominee is legally qualified to hold the office and that the subscribers desire and are legally qualified to vote for him. Greene v. Slusher, 300 Ky. 715 , 190 S.W.2d 29, 1945 Ky. LEXIS 628 ( Ky. 1945 ) (decided under prior law).

Separate petitions are not required for each candidate where several candidates will run for different offices and the petitioners are qualified to make nominations for each, and thus a single petition may embrace the name of one candidate of an independent party group for every office to be filled. Queenan v. Mimms, 283 S.W.2d 380, 1955 Ky. LEXIS 313 ( Ky. 1955 ) (decided under prior law).

10. — Registered Voters.

Since city was not divided into wards and each member of council was elected by the qualified voters of the entire city it followed that the nomination of candidates could have been made by qualified voters of entire city. Queenan v. Mimms, 283 S.W.2d 380, 1955 Ky. LEXIS 313 ( Ky. 1955 ) (decided under prior law).

Signers of nominating petition must be registered voters. Hall v. Reid, 305 S.W.2d 923, 1957 Ky. LEXIS 349 ( Ky. 1957 ) (decided under prior law).

The signer of a nominating petition filed under former similar section should have been a registered voter legally qualified to vote for the candidate. Huie v. Jones, 362 S.W.2d 287, 1962 Ky. LEXIS 255 ( Ky. 1962 ) (decided under prior law).

11. — Number of Signers.

A city is a “division less than a county” within the meaning of a former similar section and only 20 names are required. Jones v. Wilshire, 98 Ky. 391 , 33 S.W. 199, 17 Ky. L. Rptr. 989 , 1895 Ky. LEXIS 73 ( Ky. 1895 ) (decided under prior law).

If petition was signed by less than required number of electors, the nominee was not entitled to have his name placed on ballots, and votes cast for him would not be counted. Morgan v. Revis, 215 Ky. 30 , 284 S.W. 111, 1926 Ky. LEXIS 646 ( Ky. 1926 ). See Combs v. Dixon, 215 Ky. 566 , 286 S.W. 797, 1926 Ky. LEXIS 767 ( Ky. 1926 ); Ledford v. Hubbard, 219 Ky. 9 , 292 S.W. 345, 1926 Ky. LEXIS 123 (Ky. 1926) (decided under prior law).

12. — Signing More Than Once.

Where person signs same petition more than once, one of his signatures will be counted. Ledford v. Hubbard, 219 Ky. 9 , 292 S.W. 345, 1926 Ky. LEXIS 123 ( Ky. 1926 ) (decided under prior law).

13. — Names Signed by Other.

The name of a married person may not be signed to a nominating petition by the spouse in his or her absence, and a subsequent ratification of such signing will not validate it. Morgan v. Revis, 215 Ky. 30 , 284 S.W. 111, 1926 Ky. LEXIS 646 ( Ky. 1926 ). See Ledford v. Hubbard, 219 Ky. 9 , 292 S.W. 345, 1926 Ky. LEXIS 123 ( Ky. 1926 ) (decided under prior law).

Names signed to petition by another, without authority, direction or consent of persons whose names were signed, could not be counted. Combs v. Dixon, 215 Ky. 566 , 286 S.W. 797, 1926 Ky. LEXIS 767 ( Ky. 1926 ) (decided under prior law).

A person’s name may properly be signed to a petition by another, if it is done in his presence and by his direction, but not otherwise. Ledford v. Hubbard, 219 Ky. 9 , 292 S.W. 345, 1926 Ky. LEXIS 123 ( Ky. 1926 ) (decided under prior law).

Signature of person written for him by another is not valid unless he can see the signature being written. Ledford v. Hubbard, 219 Ky. 9 , 292 S.W. 345, 1926 Ky. LEXIS 123 ( Ky. 1926 ) (decided under prior law).

14. — Presumption as to Validity.

When a petition of nomination is regular on its face, the county clerk must place the name of the nominee on the ballot as requested by the petition, and he cannot question the qualifications of the persons who signed the petition. Wilkins v. Duffy, 114 Ky. 111 , 70 S.W. 668, 24 Ky. L. Rptr. 913 , 24 Ky. L. Rptr. 968 , 1902 Ky. LEXIS 157 ( Ky. 1902 ) (decided under prior law).

15. — Presumption as to Signatures.

There is a presumption that signatures appearing on petition were written by alleged signers and a person attacking the validity of petition has burden of showing that signatures were written by others than alleged signers, but upon his so showing the burden shifts to the proponent of the petition to show that the signatures were written in the presence and at the direction of the alleged signers. Ledford v. Hubbard, 219 Ky. 9 , 292 S.W. 345, 1926 Ky. LEXIS 123 ( Ky. 1926 ) (decided under prior law).

16. — Address.

The provision that the address of each petitioner be stated is mandatory. Where only 78 signers of petition for county office gave their address, the petition was insufficient. Skidmore v. Hurst, 113 Ky. 694 , 68 S.W. 841, 24 Ky. L. Rptr. 536 , 1902 Ky. LEXIS 90 ( Ky. 1902 ) (decided under prior law).

The requirement that the residence and post office address of each signer be designated is directory to the extent that the county clerk may exercise his discretion as to whether the designation is sufficient. Blackburn v. Welch, 138 Ky. 267 , 127 S.W. 991, 1910 Ky. LEXIS 68 ( Ky. 1910 ) (decided under prior law).

The requirement of former similar section that the residence and post office address of each petitioner be “designated” meant only that the county clerk must have been informed in some way of the residence and address, not necessarily by setting it forth in the petition. Blackburn v. Welch, 138 Ky. 267 , 127 S.W. 991, 1910 Ky. LEXIS 68 ( Ky. 1910 ) (decided under prior law).

Petition nominating candidate for city office in sixth-class city was sufficient, although address of some of signers was not designated, where county clerk knew signers and knew that they were residents of the city. Blackburn v. Welch, 138 Ky. 267 , 127 S.W. 991, 1910 Ky. LEXIS 68 ( Ky. 1910 ) (decided under prior law).

County clerk may reject petition if he knows that addresses designated in petition are not true. Blackburn v. Welch, 138 Ky. 267 , 127 S.W. 991, 1910 Ky. LEXIS 68 ( Ky. 1910 ) (decided under prior law).

Where heading of petition stated that all of undersigned petitioners were “residents and qualified voters of the first magisterial district of Jefferson County, Kentucky,” it was a sufficient designation of address for signers to write only their street address after their names, without adding the city, county and state. Lorenz v. Buckrop, 251 Ky. 1 , 64 S.W.2d 168, 1933 Ky. LEXIS 796 ( Ky. 1 933) (decided under prior law).

Where some of signers of petition of nomination for a county office did not designate their residence and post office address, and there was nothing in the petition to indicate that they were residents of county, other than statement in heading of petition that all signers were “legal voters” of county, and there was no proof that county clerk personally knew such signers to be qualified, they could not be counted in determining whether there were sufficient signatures to petition. Combs v. Dixon, 215 Ky. 566 , 286 S.W. 797, 1926 Ky. LEXIS 767 ( Ky. 1926 ) (decided under prior law).

Nominating petitions that stated petitioners’ respective house numbers, street names and “Louisville, Kentucky” met the requirements of former similar section without having specifically said that the same were “the post office addresses” of the respective signers. Rudy v. Queenan, 283 S.W.2d 383, 1955 Ky. LEXIS 314 ( Ky. 1955 ) (decided under prior law).

17. Burden of Compliance.

Person seeking to establish his right to have his name placed on ballot by virtue of petition of nomination has burden of showing that petition complies with the statute. Ledford v. Hubbard, 219 Ky. 9 , 292 S.W. 345, 1926 Ky. LEXIS 123 ( Ky. 1926 ) (decided under prior law).

A good faith purpose to nominate a candidate for public office should be recognized unless “plain or manifest purpose of the law” demands a decision invalidating the petition. Carter v. Herickson, 361 S.W.2d 102, 1962 Ky. LEXIS 227 ( Ky. 1962 ) (decided under prior law).

18. Mistake as to Number of Candidates.

Where ordinance increasing size of city council from six to 12 was never published and thus was invalid and petitioners in good faith mistakenly nominated 12 persons for 12 offices when only six (6) offices were vacant and then six of the 12 persons they sought to nominate withdrew, the fact of their error ought not to vitiate their petition and deprive electors of privilege of nominating the remainder. Queenan v. Mimms, 283 S.W.2d 380, 1955 Ky. LEXIS 313 ( Ky. 1955 ) (decided under prior law).

19. Conflicting Nominations.

It is neither proper nor right for same petitioner or petitioners to make conflicting nominations by naming more than one candidate for each city office. Queenan v. Mimms, 283 S.W.2d 380, 1955 Ky. LEXIS 313 ( Ky. 1955 ) (decided under prior law).

20. Write-in Candidates.

There is no authority for the contention that because the appellees had failed to secure nomination by petition under former similar section they were ineligible for election as write-in candidates. Dupin v. Sullivan, 355 S.W.2d 676, 1962 Ky. LEXIS 79 ( Ky. 1962 ) (decided under prior law).

21. Designation of Device or Title.

Where county clerk, relying on opinion of Attorney General and acting honestly, placed names of persons nominated by petition on ballot under title and device of “Independent Party,” although petitions were sufficient to entitle persons to be placed on ballot as candidates of regular party, no nomination by convention having been made, the election would not be held void notwithstanding that clerk’s conduct probably affected result of election. Wilkins v. Duffy, 114 Ky. 111 , 70 S.W. 668, 24 Ky. L. Rptr. 913 , 24 Ky. L. Rptr. 968 , 1902 Ky. LEXIS 157 ( Ky. 1902 ) (decided under prior law).

A candidate who does not seek to have his name placed on the ballot under the device and title of a political party need not designate in his petition any device or title, in which case he will be listed on the ballot as an independent. Eversole v. Holliday, 123 Ky. 496 , 96 S.W. 590, 29 Ky. L. Rptr. 927 , 1906 Ky. LEXIS 168 ( Ky. 1906 ) (decided under prior law).

A picture of the candidate is a proper “figure or device.” Eversole v. Holliday, 123 Ky. 496 , 96 S.W. 590, 29 Ky. L. Rptr. 927 , 1906 Ky. LEXIS 168 ( Ky. 1906 ) (decided under prior law).

22. — Failure to Put on Ballot.

Failure of clerk to place on ballot the device designated in petition of nomination would not invalidate votes cast for such candidate. Thompson v. Yowell, 137 Ky. 766 , 126 S.W. 1102, 1910 Ky. LEXIS 623 ( Ky. 1910 ) (decided under prior law).

23. Filing in More Than One County.

In the case of a city situated in more than one county, where petitions of nomination for city offices were required to be filed with the county clerk of each county, the nomination would have been valid if the petition filed with one of the clerks was sufficient in form, although the petition filed with the other clerk was defective. Eagle v. Cox, 268 Ky. 58 , 103 S.W.2d 682, 1937 Ky. LEXIS 411 ( Ky. 1937 ) (decided under prior law).

24. Objection to Petition.

Where defeated candidate had opportunity to inspect the list of successful candidate’s petitioners, before filing suit to restrain placing of the latter’s name on ballot, he was estopped from questioning sufficiency of successful candidate’s petition in later suit to contest election. Revis v. Duff, 275 Ky. 626 , 122 S.W.2d 518, 1938 Ky. LEXIS 488 ( Ky. 1938 ) (decided under prior law).

Cited:

Libertarian Party v. Davis, 601 F. Supp. 522, 1985 U.S. Dist. LEXIS 23566 (E.D. Ky. 1985 ).

Opinions of Attorney General.

The nominating petitions filed by candidates for the board of education of an independent school district, parts of which lie in two (2) counties, must be filed with the county clerks of each of the two (2) counties, the original copy with one county clerk and a duplicate copy with the other county clerk, not less than 55 days prior to the November election. OAG 74-647 .

The statutory requirements that petitioners state that the nominee is legally qualified to hold the office and that the petitioners desire and are legally qualified to vote for the nominee are mandatory and any petition which fails to state these facts is not sufficient to establish the nominee to be placed on the ballots. OAG 74-676 .

After a petition has been filed and accepted by the clerk, it is necessary for a summary action to be filed in circuit court if one wishes to prevent the candidate’s name from appearing on the November ballot and the action must be filed by either an opposing candidate or a qualified voter pursuant to KRS 118.176 . OAG 74-676 .

School board candidates, as well as other candidates for nomination, should use the filing form prescribed by the state board pursuant to this section, copies of which are in the clerk’s office. OAG 74-676 .

A petition which fails to indicate the residence of the signers or that they are qualified voters of the school district is insufficient to entitle the nominee’s name to be placed on the ballot. OAG 74-677 .

If the clerk conditionally accepts a petition pending a determination as to its compliance with the requirements of this section, he may reject it when the petition is determined invalid; but if it was accepted unconditionally, it will be necessary for an opposing candidate or a qualified voter to bring a summary action in Circuit Court to prevent the proposed candidate’s name from appearing on the ballot. OAG 74-677 .

Most of the requirements of this section are basic to the validity of any petition and are mandatory. OAG 74-677 .

Candidates filing as independents for election to board of trustees of cities of the sixth class are nominated by petition which must be filed with the county clerk pursuant to KRS 118.356 if they are candidates voted for by a county or by a district less than a county, but candidates for congress and the General Assembly must file with the Secretary of State. OAG 75-227 .

A registered Democrat or Republican may sign the petition of a candidate desiring to run as an independent for county wide office so long as the voter meets the other qualifications of this section. OAG 75-228 .

A candidate who already has filed for nomination for judicial office as both a Democrat and a Republican under KRS 118.145 (repealed) also may file for nomination under this section. OAG 75-267 .

The number of candidates that may be listed on a single independent slate or ticket is limited to the number of positions to be filled. OAG 75-347 .

Where the petitioners nominate a greater number of candidates than the number of offices to be filled, the petition is invalid and unacceptable to the clerk. OAG 75-347 .

Where a county sheriff died on or about May 3, 1975, which was too late for candidates to file and run in the May primary for the unexpired term, the major parties were authorized to make nominations for the November election pursuant to party rules under KRS 118.115 and, at the same time, any qualified person could file a petition to become an independent candidate for the office in question at the coming November election under the authority expressed in KRS 118.375 so that any person desiring to run as an independent must file a petition on a form prescribed by the state board which is in accordance with the requirements of this section. OAG 75-401 .

The only candidates who may file for office as independents after the May primary under KRS 118.365 would be those candidates seeking a city or school board office and any other independent candidates must file their petition pursuant to this section. OAG 75-441 .

The requirements of this section as to the contents of a nominating petition are mandatory and if any of the required contents are omitted, the names of the nominees may not be placed on the ballot unless the petition is made complete prior to the statutory deadline and the county clerk may not supply the missing facts of his own knowledge. OAG 75-611 .

Since school board candidates nominated by petition under this section may not, under KRS 160.230 , be represented by any political organization, the petitioners of such candidates may not fill vacancies occurring after the deadline for filing in the manner prescribed in KRS 118.325 . OAG 75-612.

Even though a person registered as an independent could not qualify to run in the May primary as a Democrat or Republican under the restrictions of KRS 116.055 and 118.125 , he could nevertheless run as an independent by timely filing a petition as prescribed in this section. OAG 76-78 .

Where a vacancy occurs in a magisterial district, any candidate desiring to run for the unexpired term as an independent would have to file not less than 55 days before the May primary a petition containing the names and addresses of 20 petitioners. OAG 76-179 .

A person running as an independent candidate for any elective office in a regular November election may be registered as a Democrat or a Republican rather than an independent; likewise any person signing an independent petition may be registered as a member of any party or no party. OAG 76-191 .

If there is sufficient address stated beside the petitioner’s name to satisfy the county clerk that he is in fact a resident of the school district, the clerk should accept the nominating petition of a school board candidate as being in compliance with the requirements of this section. OAG 76-519.

Where an independent candidate’s petition states that the petitioner is a candidate for magisterial district “one,” there would be sufficient compliance with the requirement that a candidate indicate the office that he seeks and the district from which he is running. OAG 77-638 .

Where one candidate filed to fill vacancy in city commission under former KRS 89.060 , which was then in effect, and second candidate subsequently filed, the names of both candidates should be listed on the general election ballot (following a drawing for position) under the heading of “city commissioner,” unexpired term, since theoretically both candidates were legally nominated under two separate laws though one was no longer in effect by the time of the election. OAG 80-507 .

A group of six (6) or fewer candidates for the office of city council may not file a single petition for the position, since group filing is not permitted under subsection (3) of KRS 83A.170 , even though it is permitted for independent petitions under this section. OAG 81-54 .

Defeated candidates in the Republican primary for statewide offices can run as an independent group for offices for which they were not defeated by filing a single petition with a minimum of 5,000 signatures and may designate a party name such as “Citizens United,” together with a symbol or device to represent said independent party. OAG 83-279 .

Where a number of candidates desire to run as an independent ticket with each candidate seeking a separate office, the number of signers required would be the same as that required of an individual candidate, which in the case of statewide offices would be 5,000 signatures of registered voters under the requirements of this section. This is based on the theory that each petitioner would have been entitled to sign the petition of each candidate had he filed individually. OAG 83-279 .

The provisions of § 7 (5 USCS § 552a note) of the Federal Privacy Act of 1974 prohibit any local government agency from denying an individual any right or privilege provided by law because of such individual’s refusal to disclose his Social Security account number, unless such disclosure requirement was in existence before January 1, 1975; therefore, since the requirement of subsection (2) of this section that the petitioner state his Social Security account number when signing a petition on behalf of an independent candidate was inserted by amendment in 1982, it must be construed as directory only. Thus being directory, the fact that the petitioner does not indicate his Social Security account number will not affect the validity of his signature in ascertaining the required number of petitioners necessary to establish the fact that the candidate has complied with the filing requirements of this section. OAG 83-437 .

The American Party may fill the vacancy created by the death of one of its designated presidential electors by appropriate certification filed with the Secretary of State by the chairman of the party’s state committee. OAG 84-170 .

A write in candidate may only run for a school board seat in which there is a validly filed and qualified candidate on the ballot. OAG 03-001 .

Research References and Practice Aids

ALR

Right of signer of petition or remonstrance to withdraw therefrom or revoke withdrawal, and time therefor. 27 A.L.R.2d 604.

Withdrawal of names from nominating petition, right of. 92 A.L.R. 1513.

Nonregistration as affecting one’s qualification as signer of petition. 100 A.L.R. 1308.

Nominations by petition or otherwise than by statutory convention or primary election, constitutionality of election laws with respect to. 146 A.L.R. 668.

Validity of delegation to private persons or organizations of power to appoint or nominate to public office. 97 A.L.R.2d 361.

118.320. Provisions for insuring secrecy of ballot. [Repealed.]

Compiler’s Notes.

This section (1472, 1474, 1476, 1569 to 1571) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.235 , 118.025 .

118.325. Nomination by parties by convention or primary election — Ineligibility of Senior Status Special Judge.

  1. Any political organization not constituting a political party within the meaning of KRS 118.015 but whose candidate received two percent (2%) of the vote of the state at the last preceding election for presidential electors may nominate, by a convention or primary held by the party in accordance with its constitution and bylaws, candidates for any offices to be voted for at any regular election, except the office of member of a board of education, for which nominations shall be made as provided in KRS 160.220 . Any political party, as defined in KRS 118.015 , and any political organization not constituting such a political party but whose candidate received two percent (2%) of the vote of the state at the last preceding election for presidential electors, may nominate, by a convention or primary held by the party or organization in accordance with its constitution and bylaws, as many electors of President and Vice President of the United States as this state is entitled to elect.
  2. The certificate of nomination by such a convention or primary shall be in writing, shall contain the name of each person nominated, his or her residence and the office to which he or she is nominated, and shall designate a title for the party or principle that such convention or primary represents, together with any simple figure or device by which its list of candidates may be designated on the voting machines. The certificate shall be signed by the presiding officer and secretary of the convention, or by the chair and secretary of the county, city, or district committee, who shall add to their signatures their respective places of residence, and acknowledge the same before an officer duly authorized to administer oaths. A certificate of the acknowledgment shall be appended to the certificate of nomination. In the case of electors of President and Vice President of the United States the certificate of nomination shall state the names of the candidates of the party for President and Vice President.
  3. Any person desiring to become a candidate for an office, the nomination to which is to be made by a convention pursuant to subsections (1) and (2) of this section, except for the office of elector of President and Vice President of the United States, shall file a statement with the official designated in KRS 118.165 with whom notification and declaration forms are filed for the office. The form of the statement shall be prescribed by the State Board of Elections. Such statement shall be filed as prescribed by KRS 118.365 .
  4. If the certificate of nomination of any state convention requests that the figure or device selected by such convention be used to designate the candidates of such party on the voting machines for all elections throughout the state, that figure or device shall be used until changed by request of a subsequent state convention of the same party. The device may be any appropriate symbol other than the coat of arms or seal of this state or of the United States, the national flag, or any other emblem common to the people at large.
  5. In case of death, resignation, or removal of any such candidate subsequent to nomination and before the certification of candidates for the regular election made under KRS 118.215 , the chair of the state, county, or city district committee shall fill the vacancy, unless a supplemental certificate or petition of nomination is filed. In the case of electors of President and Vice President of the United States, a vacancy may be filled by the chair of the state committee at any time before the meeting of the electors, whether the vacancy occurs before or after the election.
  6. If any political party entitled to nominate by convention fails to do so, the names of all nominees by petition for any office who are designated in their petition as members and candidates of that party shall be printed under the device and title on the voting machines as if nominated by a convention. If two (2) or more persons who have filed certificates of nomination under this section claim to be the nominee of the same political party, the governing authority of that party shall designate to the Secretary of State and county clerk, in writing, which of the candidates is entitled to the party emblem. If there are two (2) or more contending executive committees of the same party in the county or district, the county or district executive committee that is recognized by the state governing authority of the party, by the written certificate of its chair, shall be recognized by the Secretary of State and county clerk.
  7. A judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate or a nominee for any elected office during the five (5) year term prescribed in KRS 21.580 (1)(a)1., regardless of the number of days served by the judge acting as a Senior Status Special Judge.

History. Enact. Acts 1974, ch. 130, § 118; 1984, ch. 185, § 18, effective January 1, 1985; 1988, ch. 17, § 12, effective July 15, 1988; 1990, ch. 48, § 46, effective July 13, 1990; 1998, ch. 2, § 6, effective July 15, 1998; 2013, ch. 66, § 6, effective June 25, 2013.

NOTES TO DECISIONS

1. Construction.

In the case of a political party required to nominate by statutory primary, no candidate nominated by petition can have his name printed on the ballot under the title and device of that party even though the party has failed to make a nomination of the particular office. King v. McMahon, 179 Ky. 536 , 200 S.W. 956, 1918 Ky. LEXIS 255 ( Ky. 1918 ), overruled, Bogie v. Hill, 286 Ky. 732 , 151 S.W.2d 765, 1941 Ky. LEXIS 323 ( Ky. 1941 ), overruled in part, Bogie v. Hill, 286 Ky. 732 , 151 S.W.2d 765, 1941 Ky. LEXIS 323 ( Ky. 1941 ), overruled on other grounds, Bogie v. Hill, 286 Ky. 732, 151 S.W.2d 765, 1941 Ky. LEXIS 323 (Ky. 1941) (decided under prior law).

The primary election law did not repeal that part of former similar section that permitted minor political parties to nominate by convention or party law primary, and permitted major political parties to nominate for certain offices according to such methods. Eagle v. Cox, 268 Ky. 58 , 103 S.W.2d 682, 1937 Ky. LEXIS 411 ( Ky. 1937 ) (decided under prior law).

2. Judicial Officers.

As respects judicial officers there is no requirement that the nomination be made by a major political party nor by a minor political party. Mann v. Cornett, 445 S.W.2d 853, 1969 Ky. LEXIS 185 ( Ky. 1969 ) (decided under prior law).

3. Certificate of Nomination.

Ordinarily, the requisites of former similar section as to the form of a certificate of nomination would be treated as mandatory, at least where any objection was made by another candidate. Hallon v. Center, 102 Ky. 119 , 43 S.W. 174, 19 Ky. L. Rptr. 1134 (1897) (decided under prior law).

Where county clerk knew personally that persons signing certificate of nomination were chairman and secretary of county committee of party, and that nominees in certificate were residents of county, failure of chairman and secretary to have their signatures acknowledged, and failure of certificate to state their residence or the residence of the nominees, would not justify clerk in refusing to accept certificate and place names of nominees on ballot, in the absence of a protest by other nominees. Hallon v. Center, 102 Ky. 119 , 43 S.W. 174, 19 Ky. L. Rptr. 1134 (1897) (decided under prior law).

When a certificate of nomination made under party law is filed substantially in the form and manner prescribed by the statutes, the county clerk has no right to go behind the certificate to determine whether the nomination was rightfully done. Commonwealth v. Combs, 120 Ky. 368 , 86 S.W. 697, 27 Ky. L. Rptr. 751 , 1905 Ky. LEXIS 112 ( Ky. 1905 ) (decided under prior law).

A party certificate of nomination cannot be collaterally impeached or ignored by the clerk. Commonwealth v. Combs, 120 Ky. 368 , 86 S.W. 697, 27 Ky. L. Rptr. 751 , 1905 Ky. LEXIS 112 ( Ky. 1905 ) (decided under prior law).

4. — Intraparty Dispute.

In case of a party dispute as to which person is entitled to a nomination made under party law, the county clerk has no right to determine the controversy, but must accept the certificate of nomination filed by the governing authorities of the party. Commonwealth v. Combs, 120 Ky. 368 , 86 S.W. 697, 27 Ky. L. Rptr. 751 , 1905 Ky. LEXIS 112 ( Ky. 1905 ) (decided under prior law).

5. — Filing.

Candidate nominated by party convention has responsibility of seeing that certificate of nomination is filed in time. Where chairman and secretary of party convention prepared and filed certificates of nomination of candidates, but inadvertently omitted name of one candidate, he could not recover damages from chairman and secretary. Brodie v. Haswell, 160 Ky. 405 , 169 S.W. 856, 1914 Ky. LEXIS 470 ( Ky. 1914 ) (decided under prior law).

6. Failure to Nominate by Convention.

Whether or not a political party entitled to nominate by convention has failed to do so may be determined by the county clerk from his records, and if his records show no certificate of nomination by the party the clerk may place upon the ballot as the candidate of that party the first person who files a proper petition of nomination designating such person as the candidate of that party. In case another petition is filed, the clerk shall designate a suitable device for the candidate therein named, as provided in former law. However, if the party files a certificate of nomination by convention before the time for filing such certificates has expired, such certificate will supersede petitions previously filed. Skidmore v. Hurst, 113 Ky. 694 , 68 S.W. 841, 24 Ky. L. Rptr. 536 , 1902 Ky. LEXIS 90 ( Ky. 1902 ) (decided under prior law).

Where a party entitled to nominate by convention has failed to do so, a candidate nominated by petition shall be placed on the ballot as the candidate of that party if he is designated in the petition as a member and candidate of the party, and it is not necessary that the signers of the petition state that they are members of the party. Wilkins v. Duffy, 114 Ky. 111 , 70 S.W. 668, 24 Ky. L. Rptr. 913 , 24 Ky. L. Rptr. 968 , 1902 Ky. LEXIS 157 ( Ky. 1902 ). See Southall v. Griffith, 100 Ky. 91 , 37 S.W. 577, 18 Ky. L. Rptr. 599 , 1896 Ky. LEXIS 151 ( Ky. 1896 ) (decided under prior law).

7. Petition for Nomination.

A political organization which cast less than two percent of vote at last preceding election may nominate only by petition. Asher v. Johnson, 192 Ky. 575 , 234 S.W. 18, 1921 Ky. LEXIS 110 ( Ky. 1921 ) (decided under prior law).

Where county clerk knew that certain party had nominated candidates for all county offices by convention, that two of the candidates so nominated had resigned, and that the party had chosen to nominate candidates by petition to replace those who had resigned, the clerk should place the names of those nominated by petition on the ballot as candidates of the party, in the absence of any protest from other candidates. Wilkins v. Duffy, 114 Ky. 111 , 70 S.W. 668, 24 Ky. L. Rptr. 913 , 24 Ky. L. Rptr. 968 , 1902 Ky. LEXIS 157 ( Ky. 1902 ) (decided under prior law).

8. Vacancy.
9. — Filling by Nonparty Organization.

A political organization, not constituting a “party” within the meaning of former law that defined “party,” may fill a vacancy in its nomination by filing a supplementary petition of nomination, as contemplated by former similar section, even though the organization did not cast as much as two percent of the votes at the last preceding election. Greene v. Slusher, 300 Ky. 715 , 190 S.W.2d 29, 1945 Ky. LEXIS 628 ( Ky. 1945 ) (decided under prior law).

10. Executive Committee Nomination.

Where order of the county court reducing the number of magisterial districts in a county was finally affirmed about six weeks before the general election, the party executive committee, with the chairman participating, was empowered to nominate the candidates for magistrate and constable in each of the districts. Davenport v. Redmon, 394 S.W.2d 737, 1965 Ky. LEXIS 196 ( Ky. 1965 ) (decided under prior law).

11. Cancellation of Primary.

Where there were no opposed candidates in primary called by city executive committee of party, and committee therefore canceled the primary and issued certificates of nomination to the unopposed candidates, the nominations were valid. Gilbert v. Smith, 145 Ky. 165 , 140 S.W. 147, 1911 Ky. LEXIS 804 ( Ky. 1911 ) (decided under prior law).

12. Unlawful Revocation of Nomination.

A court of equity has jurisdiction to enjoin the unlawful revocation of a nomination regularly made. Meagher v. Howell, 171 Ky. 238 , 188 S.W. 373, 1916 Ky. LEXIS 341 ( Ky. 1916 ) (decided under prior law).

13. Designation of Emblem.

The Bible is an “emblem common to the people at large” and may not be used as a party symbol. Conley v. Hardwick, 141 Ky. 136 , 132 S.W. 140, 1910 Ky. LEXIS 398 ( Ky. 1910 ) (decided under prior law).

Opinions of Attorney General.

Although an independent political organization not constituting a major or minor political party filing a petition nominating candidates for the November election could, if its organization had a constitution and bylaws, file a supplemental petition after the filing deadline to fill a vacancy in an independent ticket, where the nominating petition is a simple, independent petition, not supported by any political organization, there is no statutory or other method whereby a vacancy can be filled after the deadline for filing has passed. OAG 75-612 .

Since school board candidates nominated by petition under KRS 118.315 may not, under KRS 160.230 , be represented by any political organization, the petitioners of such candidates may not fill vacancies occurring after the deadline for filing in the manner prescribed by this section. OAG 75-612.

The American Party may fill the vacancy created by the death of one of its designated presidential electors by appropriate certification filed with the Secretary of State by the chairman of the party’s state committee. OAG 84-170 .

Research References and Practice Aids

ALR

Construction and application of statutes relating to filling vacancies in nominations for election to public office. 143 A.L.R. 996.

Constitutionality of election laws as regards nominations otherwise than statutory convention or primary election. 146 A.L.R. 668.

Presidential and vice-presidential electors. 153 A.L.R. 1066.

118.327. Registers of candidates to be chosen by convention.

Each county clerk and the Secretary of State shall keep a book in which he shall enter certain information concerning candidates to be chosen by convention. Such book shall include the name, place of residence, office for which the person is a candidate, party designation, and the date of the receipt of the form required to be filed by KRS 118.325(3). Such book shall be a public record.

History. Enact. Acts 1984, ch. 185, § 1, effective January 1, 1985.

118.330. Persons to keep away from polls — Electioneering at polls prohibited. [Repealed.]

Compiler’s Notes.

This section (1467, 1470, 1472, 1569) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.235 .

118.335. Effect of conflicting certificates and petitions of nomination.

If any certificate or petition of nomination made under the provisions of this chapter contains the name of more than one (1) candidate for any office to be filled, neither name shall be printed as a candidate for that office. If any person has been nominated as a candidate for any office by primary election or by party convention, and also by petition, his name shall be placed in the list of candidates nominated by the primary or convention, and the place occupied by his name in the petition shall be left blank, unless the candidate makes written request, prior to the last day for filing evidences of nomination, that his name be printed as nominated by petition and be omitted from the list nominated by the primary or convention.

History. Enact. Acts 1974, ch. 130, § 119; 1976, ch. 54, § 26, effective March 10, 1976.

NOTES TO DECISIONS

1. One Petition for Several Offices.

A former similar section did not prevent a group of persons from filing a single petition in which one nomination was made for each of several offices. Asher v. Johnson, 192 Ky. 575 , 234 S.W. 18, 1921 Ky. LEXIS 110 ( Ky. 1921 ) (decided under prior law).

2. Nomination by Petition.

Where candidate was nominated by party convention and filed his certificate of nomination, but the party authorities then revoked the nomination and filed a certificate nominating another person, whereupon the first candidate filed a petition of nomination, such candidate was entitled to have his name placed on the ballot as nominated by petition without making the written request required by the former similar section. The fact that the candidate had obtained an injunction against the party authorities restraining them from nominating any other person made no difference where the injunction was dissolved before the ballots were printed. Eversole v. Holliday, 123 Ky. 496 , 96 S.W. 590, 29 Ky. L. Rptr. 927 , 1906 Ky. LEXIS 168 ( Ky. 1906 ) (decided under prior law).

118.340. Employees to be allowed time off to vote. [Repealed.]

Compiler’s Notes.

This section (1574: amend. Acts 1966, ch. 255, § 121) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 118.035 .

118.345. Defeated primary candidate barred from having name on regular election ballot — Section not applicable to presidential preference primary candidates.

  1. No  candidate who has been defeated for the nomination for any office in a primary  election shall have his name placed on voting machines in the succeeding regular  election as a candidate for the same office for the nomination to which he  was a candidate in the primary election, except that if a vacancy occurs in  the party nomination for which he was a candidate in the primary election  his name may be placed on voting machines for the regular election as a candidate  of that party if he has been duly made such party nominee after the vacancy  occurs as provided in KRS 118.105 .
  2. No  person who was a candidate for nomination for any office in a primary election  and who, before the succeeding regular election, is declared by the judgment  of any court of competent jurisdiction to have violated, in the primary election,  any provision of KRS Chapter 121, or to be responsible for such violation  by others, shall have his name placed on voting machines for any office to  be voted for in the succeeding regular election.
  3. This  section does not apply to presidential preference primary candidates.

History. Enact. Acts 1974, ch. 130, § 120; 1976, ch. 54, § 27, effective March 10, 1976; 1982, ch. 394, § 27, effective July 15, 1982; 1984, ch. 111, § 64, effective July 13, 1984; 1984, ch. 185, § 19, effective July 13, 1984; 1986, ch. 29, § 14, effective July 15, 1986.

NOTES TO DECISIONS

1. Constitutionality.

The provision of former similar section that a candidate defeated in the primary cannot have his name printed on the ballot for the regular election as a candidate for the same office is constitutional. However, such a person may be voted for by “write-in” votes. Mullins v. Jackson, 270 Ky. 149 , 109 S.W.2d 387, 1937 Ky. LEXIS 36 ( Ky. 1937 ). See Keen v. Revis, 270 Ky. 223 , 109 S.W.2d 609, 1937 Ky. LEXIS 58 ( Ky. 1937 ) (decided under prior law).

Former similar section did not violate Const., §§ 3, 6, 38, 59 or 153. Rosenberg v. Queenan, 261 S.W.2d 617, 1953 Ky. LEXIS 1025 ( Ky. 1953 ) (decided under prior law).

2. Application.

This section, the so-called “sore-loser” provision, does not apply to presidential candidates, since a candidate cannot lose his party’s nomination for president by losing the state’s primary election and since the legislature made no attempt by amendment to accommodate the presidential preference primary. Anderson v. Mills, 664 F.2d 600, 1981 U.S. App. LEXIS 15841 (6th Cir. Ky. 1981 ).

3. Independent Candidates.

Injunctive relief would not be granted to a presidential candidate who sought to have his name stricken from the ballot of a presidential primary election, where the presidential candidate, who had been running as a Republican at the time the board of elections nominated him to appear on the primary ballot but who decided to seek the presidency as an independent, did not give written notice of the withdrawal of his candidacy until after the Secretary of State’s certification of the primary ballot. Anderson v. Mills, 491 F. Supp. 1231, 1980 U.S. Dist. LEXIS 13620 (E.D. Ky. 1980 ).

This section applies only to those offices where a nomination is gained or lost through a primary process, not through a national convention; accordingly, a candidate’s failure to secure the Republican presidential nomination did not preclude him from having his name placed on the general election ballot as an independent candidate. Anderson v. Mills, 664 F.2d 600, 1981 U.S. App. LEXIS 15841 (6th Cir. Ky. 1981 ).

4. Write-in Votes.

A candidate who was defeated in the primary may be voted for by write-in votes. Asher v. Arnett, 280 Ky. 347 , 132 S.W.2d 772, 1939 Ky. LEXIS 87 ( Ky. 1939 ). See Mullins v. Jackson, 270 Ky. 149 , 109 S.W.2d 387, 1937 Ky. LEXIS 36 ( Ky. 1937 ) (decided under prior law).

5. Primary Defeat.

Candidate who was defeated in Democratic primary could not be nominated to fill vacancy in Republican candidacy and where a candidate was so nominated and was placed on the ballot as the candidate of the Republican party, the proof of such fact in a contest proceeding would be sufficient to deprive such candidate of the election. Francis v. Sturgill, 163 Ky. 650 , 174 S.W. 753, 1915 Ky. LEXIS 318 ( Ky. 1915 ), limited, Napier v. Roberts, 172 Ky. 227 , 189 S.W. 206, 1916 Ky. LEXIS 191 ( Ky. 1916 ) (decided under prior law).

If a contest of a primary election is instituted, whether or not a candidate was “defeated” in the primary depends upon the judgment in the contest proceeding, and not upon the returns of the election commissioners. Halteman v. Grogan, 233 Ky. 51 , 24 S.W.2d 921, 1930 Ky. LEXIS 489 ( Ky. 1930 ) (decided under prior law).

6. Nomination of Defeated Candidate to Fill Vacancy.

A candidate who was defeated in the primary may be nominated to fill a vacancy in the party nomination for which he was a candidate. Halteman v. Grogan, 233 Ky. 51 , 24 S.W.2d 921, 1930 Ky. LEXIS 489 ( Ky. 1930 ) (decided under prior law).

Cited:

Shepherd v. Johnson, 535 S.W.2d 238, 1976 Ky. LEXIS 91 ( Ky. 1976 ).

Opinions of Attorney General.

A judicial candidate running as an “independent” can be designated on the November ballot only as “independent” without adding any emblem, device or slogan. OAG 75-185 .

This section does not prevent a candidate defeated in the primary from running for a different office if he is permitted to file for said office after the primary, such as for a municipal or school board office. OAG 75-424 .

Although a candidate who has been defeated for nomination in the May primary could not have his name placed on the voting machine in the succeeding November election as a candidate for the same office, he could run as a “write-in” candidate for any office in November. OAG 77-368; OAG 77-484 .

Where a candidate’s party nomination at the primary was subsequently declared void by virtue of his violation of a section of the Corrupt Practices Act, the candidate could not be nominated by the party to have his name placed on the November ballot to fill the vacancy. OAG 77-388 .

Although a candidate for magistrate who was defeated in the primary could not have his name placed on the November ballot for the office of magistrate, he would be eligible to have his name placed on the ballot for any other office for which he could file an independent petition. OAG 77-389 .

A candidate defeated in the primary may run as a “write-in” candidate for the same office in November, even though this section prohibits a defeated candidate from having his name placed on the ballot in the November election, since he has a constitutional right to run as a “write-in” candidate. OAG 81-289 .

Defeated candidates in the Republican primary for statewide offices can run as an independent group for offices for which they were not defeated by filing a single petition with a minimum of 5,000 signatures and may designate a party name such as “Citizens United,” together with a symbol or device to represent said independent party. OAG 83-279 .

This section clearly prohibits candidates defeated in the primary from having their names printed on the November ballot for the same office; however, they may file as an independent candidate for any other office. OAG 83-279 .

Research References and Practice Aids

ALR

Public authorities, communications by private persons or concern to, concerning applicants, candidates, or nominees for public office or employment. 136 A.L.R. 547.

Defeated candidate for nomination: constitutionality, construction, and application of statute which declares him ineligible as a candidate at general election, or prohibits printing his name on official ballot. 143 A.L.R. 603.

118.350. Closing polls — Delivery of ballot boxes and election supplies to county clerks. [Repealed.]

Compiler’s Notes.

This section (1482: amend. 1952, ch. 107, § 3, effective June 19, 1952; 1966, ch. 255, § 122, effective June 16, 1966) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.275 , 117.285 .

118.355. Disposition of secondary stubs. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 169, § 2) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.275 , 117.285 .

118.356. Filing of certificates and petitions of nomination.

  1. Certificates  and petitions of nomination shall, in the case of candidates voted for by  the state at large or by a district greater than one (1) county, be filed  with the Secretary of State. In the case of candidates voted for by a county  or by a district less than a county, they shall be filed with the county clerk.  In the case of candidates voted for by a city whose boundaries extend beyond  those of a single county, they shall be filed with the county clerk of the  county in which a candidate resides. In the case of candidates for Congress  and for General Assembly, they shall be filed with the Secretary of State.
  2. Certificates  of nomination at a primary election held under this chapter shall be filed  by the State Board of Elections or the county board of elections, depending  upon which one issued the certificate. Certificates and petitions of nomination  shall be filed by the candidate or by someone on his behalf.

History. Enact. Acts 1974, ch. 130, § 121; 1990, ch. 169, § 8, effective July 13, 1990; 2000, ch. 354, § 4, effective July 14, 2000.

NOTES TO DECISIONS

1. Method of Filing.

A certificate or petition may be “filed” by delivering it to the custody of the clerk, accompanied with the communication to the clerk of the desire on the part of the candidate that it be filed. There is no requirement that the clerk indorse the date and fact of filing. Daniel v. Blankenship, 177 Ky. 726 , 198 S.W. 48, 1917 Ky. LEXIS 657 ( Ky. 1917 ) (decided under prior law).

Evidence of nomination need not be filed by candidate in person. Hewlett v. Carter, 194 Ky. 454 , 239 S.W. 789, 1922 Ky. LEXIS 179 ( Ky. 1922 ) (decided under prior law).

Filing of certificate of returns with county clerk by board of election commissioners did not constitute compliance with requirement that certificate of nomination be filed. Lewis v. Mosely, 215 Ky. 573 , 286 S.W. 793, 1926 Ky. LEXIS 766 ( Ky. 1926 ) (decided under prior law).

2. City in More Than One County.

In the case of a city situated in more than one county, certificates and petitions of nomination for city offices should have been filed with the county clerk of each county, and not with the secretary of state. If the petition filed with one of the clerks was sufficient in form, the fact that the petition filed with the other clerk was deficient would not invalidate the nomination. Eagle v. Cox, 268 Ky. 58 , 103 S.W.2d 682, 1937 Ky. LEXIS 411 ( Ky. 1937 ) (decided under prior law).

3. Failure to File.

Where Republican candidate had no opposition in primary it was the duty of the clerk to deliver a certificate of nomination to the candidate and thus where clerk was requested to file certificates of nomination for some of the Republican nominees it would be presumed that the request applied to the certificates of all Republican nominees and therefore there was sufficient compliance with the law as respects the filing of certificates of nomination. Hurt v. Bell, 274 Ky. 318 , 118 S.W.2d 785, 1938 Ky. LEXIS 291 ( Ky. 1938 ) (decided under prior law).

4. Inadvertent Omission of Candidate.

Candidate nominated by party convention had responsibility of seeing that certificate of nomination was filed in time. Where chairman and secretary of party convention prepared and filed certificates of nomination for party ticket, but inadvertently omitted name of one candidate, he could not recover damages from chairman and secretary. Brodie v. Haswell, 160 Ky. 405 , 169 S.W. 856, 1914 Ky. LEXIS 470 ( Ky. 1914 ) (decided under prior law).

Opinions of Attorney General.

The nominating petitions filed by candidates for the board of education of an independent school district, parts of which lie in two (2) counties, must be filed with the county clerks of each of the two counties, the original copy with one county clerk and a duplicate copy with the other county clerk, not less than 55 days prior to the November election. OAG 74-647 .

Candidates for city legislative bodies in cities of the fifth or sixth class generally file by petition with the county clerk not less than 55 days before the general election. OAG 75-227 .

Research References and Practice Aids

ALR

Time of filing candidate’s application or certificate of nomination before primary or election, mandatory or directory character of statutory provision as to. 72 A.L.R. 290.

Political principles or affiliations as ground for refusal of government officials to file certificate of nomination. 130 A.L.R. 1471.

Validity and effect of statutes exacting filing fees from candidates for public office. 89 A.L.R.2d 864.

Failure to pay filing fee as ground for exclusion of candidate’s name from official ballot. 89 A.L.R.2d 873.

118.360. Guarding ballot boxes and envelopes before meeting of election commissioners. [Repealed.]

Compiler’s Notes.

This section (1482) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.295 .

118.365. Time for filing certificates and petitions of nomination — Statement-of-candidacy forms — Petitions for recall elections or elections on public questions.

  1. Certificates of nomination issued by the State Board of Elections shall be filed by that board with the Secretary of State immediately. The certificates issued by the county board of elections shall be filed by that board with the county clerk immediately.
  2. Petitions of nomination for candidates for city offices except as provided in KRS 83A.047 , for candidates for members of boards of education, and for candidates for supervisors of soil and water conservation districts shall be filed with the county clerk not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot and not later than the first Tuesday after the first Monday in June preceding the day fixed by law for the holding of regular elections for the offices sought.
  3. Candidates for an office, the nomination to which is to be made by a convention pursuant to KRS 118.325(1) and (2), except for the office of electors of President and Vice President of the United States, shall file the statements required by KRS 118.325(3), with the official designated in KRS 118.165 with whom notification and declaration are filed for the office, not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot and not later than the first Tuesday after the first Monday in June preceding the regular election for the office sought.
  4. Certificates of nomination made by the governing authority of a political party within the meaning of KRS 118.015 or a political organization not constituting a political party within the meaning of KRS 118.015 but whose candidate received two percent (2%) of the vote of the state at the last preceding election for presidential electors to fill vacancies in office, as provided in KRS 118.115 and 118.325 , shall be filed as required with the Secretary of State or county clerk not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the offices will appear on the ballot and not later than the first Tuesday after the first Monday in June preceding the day fixed by law for the election of the person in nomination.
  5. Except as otherwise provided in this section, petitions of nomination shall be filed as required with the Secretary of State or county clerk not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the offices will appear on the ballot and not later than the first Tuesday after the first Monday in June preceding the day fixed by law for the holding of regular elections for the offices sought. Certificates of nomination shall be filed with the Secretary of State or county clerk, as required by law, not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the offices will appear on the ballot and not later than the first Tuesday after the first Monday in June preceding the day fixed by law for the holding of regular elections for the offices sought. The filing of petitions of nomination for independent, or political organization, or political group candidates shall not be accepted by the Secretary of State or the county clerk if the candidate has not filed a statement-of-candidacy form as required by KRS 118.367 .
  6. Petitions and certificates of nomination for electors of President and Vice President of the United States shall be filed with the Secretary of State not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which there is an election for President and Vice President of the United States and not later than the Friday following the first Tuesday in September preceding the date fixed by law for the election of the electors.
  7. Petitions for recall elections or elections on public questions shall be filed as required with the county clerk not later than the second Tuesday in August preceding the day fixed by law for holding a regular election.
  8. Petitions of any kind named in this section, statements, and certificates of nomination shall be filed no later than 4 p.m. local time at the place of filing when filed on the last date on which papers are permitted to be filed.

History. Enact. Acts 1974, ch. 130, § 122; 1978, ch. 384, § 254, effective June 17, 1978; 1982, ch. 394, § 28, effective July 15, 1982; 1984, ch. 185, § 20, effective July 13, 1984; 1984, ch. 185, § 21, effective January 2, 1985; 1986, ch. 185, § 2, effective January 1, 1987; 1986, ch. 470, § 28, effective July 15, 1986; 1988, ch. 238, § 2, effective July 15, 1988; 1990, ch. 48, § 47, effective July 13, 1990; 1990, ch. 169, § 9, effective July 13, 1990; 1990, ch. 476 Pt. V, § 305, effective July 13, 1990; 1992, ch. 296, § 12, effective July 14, 1992; 1996, ch. 195, § 17, effective July 15, 1996; 1998, ch. 2, § 7, effective July 15, 1998; 2003, ch. 92, § 2, effective June 24, 2003; 2007, ch. 133, § 3, effective April 5, 2007; 2010, ch. 123, § 3, effective July 15, 2010; 2018 ch. 162, § 7, effective November 7, 2018.

Compiler’s Notes.

For this section as effective until November 7, 2018, see the bound volume.

NOTES TO DECISIONS

1. In General.

It is the duty of the candidate to see that his petition or certificate of nomination is filed within the prescribed time. Daniel v. Blankenship, 177 Ky. 726 , 198 S.W. 48, 1917 Ky. LEXIS 657 ( Ky. 1917 ) (decided under prior law).

2. Constitutionality.

This section, which was amended effective July 13, 1984, and with which political party failed to comply in submitting petitions with the required number of signatures 70 days before the date of the election, is constitutional, and did not violate the political party’s rights under the First, Fifth and Fourteenth Amendments to the United States Constitution.Libertarian Party v. Davis, 601 F. Supp. 522, 1985 U.S. Dist. LEXIS 23566 (E.D. Ky. 1985 ).

3. Application.

Former similar section applied to elections for Circuit Judge and Judge of the Court of Appeals. Asher v. Arnett, 280 Ky. 347 , 132 S.W.2d 772, 1939 Ky. LEXIS 87 ( Ky. 1939 ) (decided under prior law).

The filing deadline of 119 days prior to the primary election for the nominating petitions of independent candidates and minority party candidates, is impermissibly early and is unconstitutional. Libertarian Party of Kentucky v. Ehrler, 776 F. Supp. 1200, 1991 U.S. Dist. LEXIS 16002 (E.D. Ky. 1991 ) (decided under prior law).

4. Independent Presidential Candidates.

Electors for independent presidential candidates are not required to file petitions and certificates of nomination until 55 days before the general election, as required by subsection (4) of this section prior to amendment, since that subsection made no distinction between independent and major party candidates; moreover, if the Legislature had intended that subsection to apply only to major parties, it could have omitted the word “petition.” Anderson v. Mills, 664 F.2d 600, 1981 U.S. App. LEXIS 15841 (6th Cir. Ky. 1981 ).

5. Delay in Seeking Relief.

Where political party waited 48 days after the Secretary of State had refused to allow it to file petition containing only 2,450 signatures, and waited 94 days after this section as amended and effective July 13, 1984, became law before filing suit, where it had constructive knowledge of the amendment, and where inclusion of such party’s candidates would mean redesigning and reprinting the ballot face of voting machines at considerable cost, failure of such party to press its case when it should have known that an injury had occurred was fatal to its receiving any relief. Libertarian Party v. Davis, 601 F. Supp. 522, 1985 U.S. Dist. LEXIS 23566 (E.D. Ky. 1985 ).

6. Filing.
7. — Method.

A certificate or petition may be “filed” by delivering it to the custody of the clerk, accompanied with the communication to the clerk of the desire on the part of the candidate that it be filed. There is no requirement that the clerk indorse the date and fact of filing. Daniel v. Blankenship, 177 Ky. 726 , 198 S.W. 48, 1917 Ky. LEXIS 657 ( Ky. 1917 ). See Schnabel v. Sutton, 213 Ky. 116 , 280 S.W. 488, 1926 Ky. LEXIS 463 ( Ky. 1926 ) (decided under prior law).

If a candidate’s name is printed on the ballot, although he did not file his evidence of nomination within the required time, the votes cast for him will not be counted. Justice v. Justice, 184 Ky. 130 , 211 S.W. 419, 1919 Ky. LEXIS 27 ( Ky. 1919 ). See Hewlett v. Carter, 194 Ky. 454 , 239 S.W. 789, 1922 Ky. LEXIS 179 ( Ky. 1922 ); Morgan v. Revis, 215 Ky. 30 , 284 S.W. 111, 1926 Ky. LEXIS 646 ( Ky. 1926 ); Combs v. Dixon, 215 Ky. 566 , 286 S.W. 797, 1926 Ky. LEXIS 767 ( Ky. 1926 ); Lewis v. Mosely, 215 Ky. 573 , 286 S.W. 793, 1926 Ky. LEXIS 766 (Ky. 1926) (decided under prior law).

8. — Time.

There is no provision by which a person can have his name placed upon the ballot as an independent candidate to fill a vacancy, if the vacancy occurs after the time prescribed in former similar section for filing petitions of nominations has expired. Lisle v. Schooler, 288 S.W.2d 652, 1956 Ky. LEXIS 272 ( Ky. 1956 ) (decided under prior law).

As to the timing of filing tax protest petitions, because KRS 132.017(1)(a) specifically governs the levy and assessment of property taxes, it controls over the general statute in KRS 118.365(7), concerning the conduct of elections; therefore, the trial court correctly determined that the taxpayers had 45 days in which to file their recall petition, and that the petition was valid and timely filed even though it did not specify “that portion” of the rate subject to recall. Daviess County Pub. Library Taxing Dist. v. Boswell, 185 S.W.3d 651, 2005 Ky. App. LEXIS 263 (Ky. Ct. App. 2005).

9. — Minimum Time Mandatory.

The requirement that evidences of nomination must be filed before a certain date is mandatory, and if the requirement is not met the clerk has no right to place the candidate’s name on the ballot. Brodie v. Hook, 135 Ky. 87 , 121 S.W. 979, 1909 Ky. LEXIS 263 ( Ky. 1909 ). See Daniel v. Blankenship, 177 Ky. 726 , 198 S.W. 48, 1917 Ky. LEXIS 657 ( Ky. 1917 ); Justice v. Justice, 184 Ky. 130 , 211 S.W. 419, 1919 Ky. LEXIS 27 ( Ky. 1919 ); Whitney v. Skinner, 194 Ky. 804 , 241 S.W. 350, 1922 Ky. LEXIS 259 ( Ky. 1922 ); Morgan v. Revis, 215 Ky. 30 , 284 S.W. 111, 1926 Ky. LEXIS 646 ( Ky. 1926 ); Combs v. Dixon, 215 Ky. 566 , 286 S.W. 797, 1926 Ky. LEXIS 767 ( Ky. 1926 ); Lewis v. Mosely, 215 Ky. 573 , 286 S.W. 793, 1926 Ky. LEXIS 766 (Ky. 1926) (decided under prior law).

10. — Exclusion of Day of Primary.

The day of primary election should be excluded from the count since law regarding time of filing for city office provided that the candidate must file his declaration not more than forty-five days before the day fixed by law for the election. Treadway v. Miller, 354 S.W.2d 500, 1962 Ky. LEXIS 43 ( Ky. 1962 ) (decided under prior law).

11. — Failure.

Where certificate of nomination is not filed within prescribed time, nomination becomes vacant, and vacancy can be filled by party authorities, who may nominate person who had received certificate of nomination if they so desire. Ledford v. Hubbard, 219 Ky. 9 , 292 S.W. 345, 1926 Ky. LEXIS 123 ( Ky. 1926 ). See Lewis v. Mosely, 215 Ky. 573 , 286 S.W. 793, 1926 Ky. LEXIS 766 ( Ky. 1926 ) (decided under prior law).

12. Inadvertent Omission of Candidate.

Where certificate of nomination of group of candidates by party convention was filed in time, but name of candidate for one office was inadvertently omitted, a subsequent certificate correcting the omission could not be accepted where it was tendered for filing after the time for filing had expired. Brodie v. Hook, 135 Ky. 87 , 121 S.W. 979, 1909 Ky. LEXIS 263 ( Ky. 1909 ) (decided under prior law).

13. Municipal and School Elections.

In elections for municipal offices, boards of education, or school trustees, candidates may file their nominating papers with the county court clerk at any time prior to 15 days before the election. Logsdon v. Howard, 280 Ky. 342 , 133 S.W.2d 60, 1939 Ky. LEXIS 116 ( Ky. 1939 ) (decided under prior law).

14. Sufficient Compliance.

Where candidates nominated at primary election came to county clerk’s office and tendered their certificates of nomination within proper time, but the clerk told them that filing would not be necessary because duplicate certificates accompanying election returns filed by election commissioners would be sufficient, there was a sufficient compliance with this section and such candidates were entitled to have their names printed on the ballots. Schnabel v. Sutton, 213 Ky. 116 , 280 S.W. 488, 1926 Ky. LEXIS 463 ( Ky. 1926 ) (decided under prior law).

Where county clerk had possession of candidate’s certificate of nomination, and candidate went to clerk before time for filing had expired and asked that clerk file the certificate, but clerk said it would not be necessary to file it until 15 days before election, the candidate’s request that the certificate be filed was a sufficient compliance with this section, although clerk did not mark certificate “filed” until after time for filing had expired. James v. Buster, 234 Ky. 462 , 28 S.W.2d 501, 1930 Ky. LEXIS 209 ( Ky. 1930 ) (decided under prior law).

Filing of certificate of returns with county clerk by board of election commissioners does not constitute compliance with requirement that certificate of nomination be filed. Lewis v. Mosely, 215 Ky. 573 , 286 S.W. 793, 1926 Ky. LEXIS 766 ( Ky. 1926 ) (decided under prior law).

Opinions of Attorney General.

The nominating petitions filed by candidates for the board of education of an independent school district, parts of which lie in two (2) counties, must be filed with the county clerks of each of the two (2) counties, the original copy with one county clerk and a duplicate copy with the other county clerk, not less than 55 days prior to the November election. OAG 74-647 .

The only candidates who may file for office as an independent after the May primary would be those candidates seeking a city or school board office and any other independent candidates must file their petition pursuant to the requirements of KRS 118.315 . OAG 75-441 .

As a vacancy in the office of county judge occurred less than 70 days before the primary, this section would control and both the Republican and Democratic parties may nominate a person of their choice pursuant to their party rules and file a statement of nomination with the county clerk not less than 55 days before the general election as provided by this section. OAG 75-525 .

Where a school board member’s resignation is not tendered in writing to and accepted by the board prior to 55 days before the general election, there is no vacancy and the office need not be placed on the ballot until the following election. OAG 75-635 .

A candidate desiring to run as an independent for a vacancy on a city council need not file his nominating petition until 55 days before the general election pursuant to subsection (4) of this section. OAG 76-15 .

Though a person registered as an independent could not qualify to run in the 1976 May primary as a Democrat or Republican under the restrictions of KRS 116.055 and 118.125 , he could still run as an independent by filing a petition as prescribed in KRS 118.315 not later than March 31, 1976, as required by this section. OAG 76-78 .

Even though no one filed a petition to run against the current county jailer as an independent, or sought nomination in the primary, any qualified voter could campaign for the office as a “write-in” candidate. OAG 79-462 .

In view of the 1982 amendment to this section, any person can file as an Independent for any office to be filled for a regular or unexpired term, not less than 55 days before the regular election. accordingly, where two candidates for the vacant office of constable filed for a primary which was not held because of the erroneous assumption that the office could not be filled in the following regular election, the two party candidates in question, irrespective of their party affiliation, and any other individual, could file an independent petition containing the names of a minimum of 20 petitioners for the office, provided they filed their petition within the 55-day deadline. OAG 82-415 .

Where a constable resigned his office in early 1984, but neither major party nominated a candidate for the office in the May 1984 primary, regardless of whether or not anyone filed as an independent for constable, Ky. Const., § 152 would require the office to be placed on the November 1984 ballot for “write-in” purposes, since the office must be filled by an election; if no one is elected, then a vacancy occurs to be filled by the county judge/executive for the remainder of the term ending in January 1986. OAG 84-244 .

Persons filing for city council in a city of the fourth class who desire to file as an independent or for party nomination must file 90 days before the May primary election; with respect to candidates for city council in cities of the fifth class who are prohibited under KRS 118.105(4) from seeking party nomination, they may file independent petitions up until 70 days before the general election. OAG 84-318 .

Where a few days before the primary election the unopposed Republican candidate for Property Valuation Administrator (PVA), who was the incumbent PVA in the county, died, and where the only other person having a qualified certificate issued pursuant to KRS 132.380 qualifying him to run for PVA was the unopposed Democratic candidate, the giving of a special examination was mandatory in light of the provisions of KRS 118.105(3) and KRS 132.380 , with the takers limited to registered Republicans, since the Democratic Party had a qualified nominee, and it was too late for an independent candidate to file for the office under the terms of this section. OAG 85-101 .

The 120-day filing deadline established in this section and KRS 118.165 and 118A.060 was meant to uniformly apply to all filing deadlines, except those for municipal offices, and therefore by implication applies to candidates seeking unexpired terms under the provisions of KRS 118.115 , 118.375 and 118A.100 . OAG 89-5 .

118.367. Statement-of-candidacy form for independent, political organization, or political group candidate — Exceptions — Examination of forms.

  1. An independent, or political organization, or political group candidate required to file nomination papers pursuant to KRS 118.365(5) shall be required to file a statement-of-candidacy form with the same office at which nomination papers are filed. Candidates for federal office and candidates for mayor or legislative body in cities of the home rule class participating in partisan elections shall not be required to file a statement-of-candidacy form. The statement-of-candidacy form shall be filed not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot and not later than the last Tuesday in January preceding the day fixed by law for holding of regular elections for the offices sought. The statement-of-candidacy form shall be filed no later than 4 p.m. local time when filed on the last day on which papers are permitted to be filed. No person shall file a statement-of-candidacy form for more than one (1) public office during an election cycle.
  2. The statement-of-candidacy form shall be prescribed by the State Board of Elections. The statement-of-candidacy form shall be signed by the candidate upon filing. No charge shall be assessed for the filing of a statement-of-candidacy form. The Secretary of State and county clerks shall examine the statement-of-candidacy form of each candidate who files the form to determine if there is an error. If an error has occurred, the candidate shall be notified by certified mail within twenty-four (24) hours.

HISTORY: Enact. Acts 2003, ch. 92, § 1, effective June 24, 2003; 2005, ch. 71, § 9, effective June 20, 2005; 2010, ch. 123, § 4, effective July 15, 2010; 2014, ch. 92, § 214, effective January 1, 2015; 2019 ch. 23, § 1, effective March 19, 2019; 2019 ch. 187, § 14, effective November 6, 2019.

Legislative Research Commission Note.

(11/6/2019). This statute was amended by 2019 Ky. Acts chs. 23 and 187. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 23, which was last enacted by the General Assembly, prevails under KRS 446.250 .

118.370. County board of election commissioners to canvass election returns. [Repealed.]

Compiler’s Notes.

This section (1482, 1596a-5, 1596a-8a: amend. Acts 1952, ch. 107, § 4) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.275 .

118.375. Independent, political organization, or political group candidates filing to fill vacancy — Ineligibility of Senior Status Special Judge.

  1. If a vacancy occurs in any elective office less than one hundred sixty (160) days before the primary or at any time before the time prescribed in KRS 118.365 for filing petitions of nomination, independent, or political organization, or political group candidates may file their petitions at the time and place provided in KRS 118.365 , subject to the restrictions concerning party registration and candidacy provided in KRS 118.315(1).
  2. If a vacancy occurs in any elective office after the time prescribed in KRS 118.365 for filing petitions of nomination, but not less than three (3) months before the regular election, independent, or political organization, or political group candidates may file their petitions not later than the second Tuesday in August preceding the regular election for the office sought, subject to the restrictions concerning party registration and candidacy provided in KRS 118.315(1).
  3. A judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate or a nominee for any elected office during the five (5) year term prescribed in KRS 21.580 (1)(a)1., regardless of the number of days served by the judge acting as a Senior Status Special Judge.

History. Enact. Acts 1974, ch. 130, § 123; 1984, ch. 185, § 22, effective July 13, 1984; 1986, ch. 287, § 15, effective July 15, 1986; 1990, ch. 48, § 48, effective July 13, 1990; 2010, ch. 123, § 5, effective July 15, 2010; 2013, ch. 66, § 7, effective June 25, 2013; 2018 ch. 162, § 8, effective November 7, 2018; 2019 ch. 187, § 11, effective November 6, 2019.

Opinions of Attorney General.

Where a county sheriff died on or about May 3, 1975, which was too late for candidates to file and run in the May primary for the unexpired term, the major parties were authorized to make nominations for the November election pursuant to party rules under KRS 118.115 and, at the same time, any qualified person could file a petition to become an independent candidate for the office in question at the coming November election under the authority expressed in this section so that any person desiring to run as an independent must file a petition on a form prescribed by the state board which is in accordance with the requirements of KRS 118.315 . OAG 75-401 .

If the mayor of a fourth-class city resigns his office in January of 1979 or at any time less than 70 days before the May primary (May 29), party nominations would have to be made at the May primary for the November election, which would be an election for an unexpired term, but candidates for the vacancy could run as independents by filing not less than 55 days before the November election. OAG 78-784 .

The 120-day filing deadline established in KRS 118.165 , 118.365 and 118A.060 was meant to uniformly apply to all filing deadlines, except those for municipal offices, and therefore by implication applies to candidates seeking unexpired terms under the provisions of this section and KRS 118.115 and 118A.100 . OAG 89-5 .

118.380. Parties may designate inspectors to witness count. [Repealed.]

Compiler’s Notes.

This section (1482: amend. Acts 1964, ch. 142, § 6) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.275 .

118.385. Preservation of certain voting records.

  1. The  Secretary of State and county clerks shall preserve in their respective offices  all certificates and petitions of nomination filed therein, for six (6) months  after the election for which the nominations were made.
  2. Each  county clerk and the Secretary of State shall retain and preserve, for a period  of twenty-two (22) months from the date of any primary or general or special  election at which candidates for the office of presidential elector or member  of the United States Senate or House of Representatives are voted for, and  only for the precincts in which any such office appears on the ballot all  records and papers relative to the voter returns for all the offices voted  for in those precincts.

History. Enact. Acts 1974, ch. 130, § 124; 1986, ch. 470, § 29, effective July 15, 1986.

118.390. Return of keys to ballot boxes, stub books and ballots — Preservation and disposal of election papers. [Repealed.]

Compiler’s Notes.

This section (1482, 1482b, 1483, 1596a-5: amend. Acts 1942, ch. 169, §§ 2, 4; 1968, ch. 152, § 93) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.295 .

118.395. Arrangement of judicial ballot. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 125; 1976, ch. 247, § 12) was repealed by Acts 1976 (Ex. Sess.), ch. 19, § 1. For present law, see KRS 118A.060 , 118A.090 .

118.400. County board to issue certificates of election, certify votes. [Repealed.]

Compiler’s Notes.

This section (1482, 1596a-5, 1596a-8a, 1596a-9, 1596a-11: amend. Acts 1960, ch. 34, § 1; 1968, ch. 152, § 94) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 118.425 .

118.405. Name of candidate to appear on ballot but once — Exceptions for filling of vacancy. [Effective until July 15, 2020]

No candidate’s name shall appear on any voting machine or absentee ballot more than once, except that a candidate’s name may appear twice if he is a candidate for a primary or a regular election and also a candidate to fill a vacancy in the same office required to be filled at a special election, when the special election to fill a vacancy is scheduled for the regular election day.

History. Enact. Acts 1974, ch. 130, § 126; 1976, ch. 54, § 28, effective March 10, 1976; 1986, ch. 470, § 30, effective July 15, 1986; 1990, ch. 48, § 49, effective July 13, 1990.

Opinions of Attorney General.

A candidate may not run for the offices of police court judge and city councilman in the same election. OAG 75-554 .

Inasmuch as this section prohibits any candidate’s name from appearing on any voting machine or special ballot more than once, a candidate for the unexpired term for the office of magistrate could not cross-file. OAG 76-179 .

A person cannot have his name placed on the November ballot in 1979 as the party nominee for State Representative or Senator and at the same time have his name placed on said ballot as an independent candidate for the office of Governor. OAG 79-3 .

118.405. Name of candidate to appear on ballot but once — Exceptions for filling of vacancy. [Effective July 15, 2020]

No candidate’s name shall appear on any voting machine, federal provisional ballot, federal provisional absentee ballot, or absentee ballot more than once, except that a candidate’s name may appear twice if he or she is a candidate for a primary or a regular election and also a candidate to fill a vacancy in the same office required to be filled at a special election, when the special election to fill a vacancy is scheduled for the regular election day.

HISTORY: Enact. Acts 1974, ch. 130, § 126; 1976, ch. 54, § 28, effective March 10, 1976; 1986, ch. 470, § 30, effective July 15, 1986; 1990, ch. 48, § 49, effective July 13, 1990; 2020 ch. 89, § 29, effective July 15, 2020.

118.410. Form of certificate of election and certificate of returns. [Repealed.]

Compiler’s Notes.

This section (1483, 1596a-7) was repealed by Acts 1972, ch. 188, § 69.

118.415. Constitutional amendments.

  1. The  General Assembly may state the substance of the amendment proposed to the  Constitution of Kentucky in the form of a question in a manner calculated  to inform the electorate of the substance of the amendment. When an amendment  to the Constitution has been proposed by the General Assembly, the Secretary  of State shall cause the question calculated to inform the electorate of the  substance of the amendment which is prepared by the General Assembly or the  Attorney General to be published at least one (1) time in a newspaper of general  circulation published in this state, and shall also cause to be published  at the same time and in the same manner the fact that the amendment will be  submitted to the voters for their acceptance or rejection at the next regular  election at which members of the General Assembly are to be voted for. The  publication shall be made not later than the first Tuesday in August preceding  the election at which the amendment is to be voted on.
  2. The  Attorney General shall, if the General Assembly has not already done so, state  the substance of an amendment to the Constitution of Kentucky which has been  proposed by the General Assembly in the form of a question in a manner calculated  to inform the electorate of the substance of the amendment, and, not later  than fourteen (14) days preceding the first Tuesday in August preceding the  next regular election at which members of the General Assembly are to be chosen,  shall certify the question to the Secretary of State to be placed on the voting  machine.
  3. The  Secretary of State, not later than the second Monday after the second Tuesday  in August preceding the next regular election at which members of the General  Assembly are to be chosen in a year in which there is not an election for  President and Vice President of the United States, or not later than the Thursday  after the first Tuesday in September preceding a regular election in a year  in which there is an election for President and Vice President of the United  States, shall certify the substance of the amendment, as stated and certified  by the General Assembly or by the Attorney General, to the county clerk of  each county, and the county clerk shall have the substance of the amendment,  as so certified, indicated on the voting machines.
  4. The  votes cast for and against the amendment shall be counted, canvassed, and  certified to the Secretary of State in the same manner as the votes cast for  any officer elective by the votes of the whole state. If a majority of the  votes cast on the question are for the amendment, it shall become a part of  the Constitution.
  5. The  expenses of the publications provided for in this section shall be paid as  are the expenses of other publications that the Secretary of State is required  to make in connection with elections.

History. Enact. Acts 1974, ch. 130, § 127; 1978, ch. 318, § 8, effective June 17, 1978; 1982, ch. 394, § 29, effective July 15, 1982; 1984, ch. 185, § 23, effective July 13, 1984; 1992, ch. 296, § 13, effective July 14, 1992; 1994, ch. 461, § 1, effective July 15, 1994; 1996, ch. 195, § 18, effective July 15, 1996; 1998, ch. 2, § 8, effective July 15, 1998.

NOTES TO DECISIONS

1. Publication of Notice.

Where Secretary of State did not publish amendment and notice that it would be submitted to voters until 60 days before election, the election on the amendment was void, notwithstanding that amendment had received wide publicity. McCreary v. Speer, 156 Ky. 783 , 162 S.W. 99, 1914 Ky. LEXIS 202 ( Ky. 1914 ) (decided under prior law).

2. Duty of Attorney General.

It is the duty of the Attorney General to state the substance of the amendment as actually set out in the legislative proposal, without interpretive expansion or restriction. Smith v. Livingston County, 195 Ky. 382 , 242 S.W. 612, 1922 Ky. LEXIS 337 ( Ky. 1922 ) (decided under prior law).

3. Purpose of Amendment.

Where act proposing constitutional amendment did not express a purpose to repeal or to modify this section, subsection of act stating the language in which question should be submitted to the voters was void. Hatcher v. Meredith, 295 Ky. 194 , 173 S.W.2d 665, 1943 Ky. LEXIS 191 ( Ky. 194 3 ) (decided under prior law).

118.420. State board to issue certificates of election for state and district offices — Tie votes. [Repealed.]

Compiler’s Notes.

This section (1482, 1596a-8a, 1596a-10: amend. Acts 1942, ch. 174, § 6; 1966, ch. 239, § 127; 1968, ch. 152, § 95) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 118.425 .

118.425. Issuance of certificates of election — Tie votes.

  1. The State Board of Elections shall issue certificates of election where the successful candidate was voted for by the state at large, was voted for by a district greater than one (1) county, or was a candidate for member of Congress or the General Assembly.
  2. Except as provided in subsection (3) of this section, not later than the second Monday after the election, the county board of elections shall issue certificates of election where the successful candidate was voted for by the electors of one (1) county, or of a district less than one (1) county, except members of Congress, members of the General Assembly, and designated officers filing with the Secretary of State. The right to contest or recount an election in accordance with KRS Chapter 120 shall not be impaired. The county board of elections of the candidate’s residence shall issue certificates of election where the successful candidate was voted for by the electors of a city or school district whose boundaries extend beyond those of a single county. The board shall forward the certificate to the elected candidate. If the board finds that two (2) or more candidates have received the highest and equal number of votes for the same office, the board shall determine by lot which of the candidates is elected.
  3. In counties containing cities of the first class, not later than the thirtieth day of December after the election, the county board of elections shall issue certificates of election where the successful candidate was voted for by the electors of the county, except members of Congress, members of the General Assembly, and designated officers filing with the Secretary of State. The right to contest or recount an election in accordance with KRS Chapter 120 shall not be impaired. The county board of elections of the candidate’s residence shall issue certificates of election where the successful candidate was voted for by the electors of a city whose boundaries extend beyond those of a single county. The board shall forward the certificate to the elected candidate. If the board finds that two (2) or more candidates have received the highest and equal number of votes for the same office, the board shall determine by lot which of the candidates is elected.
  4. In the case of all offices voted for, and in the case of public questions submitted to the vote of the people of the state at large or of a district greater than one (1) county, the county board of elections shall make out duplicate certificates of the total number of votes received by each of the candidates for the office and the total number of votes for and against each of the questions on a form prescribed by the State Board of Elections through the promulgation of administrative regulations in accordance with KRS Chapter 13A. The certificate of the total number of votes shall be certified to the Secretary of State’s Office not later than 12 p.m., prevailing time, on the Friday following the election. For special elections the certificate of the total number of votes shall be certified to the Secretary of State’s Office not later than 12 p.m., prevailing time, on the day following the election. The clerk shall keep one (1) of the certificates in his or her office. He or she shall not later than three (3) days after receiving the certificate from the board, forward the other certificate by mail to the Secretary of State who shall deliver it to the State Board of Elections.
  5. The State Board of Elections shall meet, to count and tabulate the votes received by the different candidates as certified to the Secretary of State no later than the third Monday after the election. The right to contest or recount an election in accordance with KRS Chapter 120 shall not be impaired. A majority of the members of the board shall constitute a quorum and may act. The board shall make out the certificates of election in the office of the board from the returns made. The board shall make out duplicate certificates of election, in writing, over the signatures of its members. The board shall forward the original certificate, by mail, to the elected candidate. The duplicate shall be retained in the office of the board. In the case of the election of a representative in Congress, an additional certificate shall be made and sent, by mail, to the clerk of the House of Representatives.
  6. The certificate of election shall be issued to the candidate receiving the highest number of votes in the territory from which the election is to be made. If two (2) or more persons are found to have received the highest and an equal number of votes for the same office, the election shall be determined by lot in the manner the board directs, in the presence of not less than three (3) other persons. In the case of elections for electors of President and Vice President of the United States, the board shall issue a certificate of election to each elector of the political party or organization whose candidates for President and Vice President received the highest number of votes and the determination by the board that the candidates of any political party or organization for President and Vice President have received the highest number of votes shall constitute a determination that the electors nominated by that party have been elected.

History. Enact. Acts 1974, ch. 130, § 128; 1978, ch. 318, § 9, effective June 17, 1978; 1982, ch. 394, § 30, effective July 15, 1982; 1984, ch. 185, § 24, effective July 13, 1984; 1986, ch. 470, § 31, effective July 15, 1986; 1990, ch. 169, § 10, effective July 13, 1990; 2002, ch. 77, § 2, effective July 15, 2002; 2008, ch. 79, § 8, effective July 15, 2008; 2010, ch. 176, § 12, effective July 15, 2010; 2016 ch. 62, § 6, effective July 15, 2016.

NOTES TO DECISIONS

1. Certificate of Election.
2. — Validity.

When a candidate had been awarded a certificate of election, the validity of the election could have been attacked only in contest proceedings, and not in an action for usurpation of office. Stine v. Berry, 96 Ky. 63 , 27 S.W. 809, 16 Ky. L. Rptr. 279 , 1894 Ky. LEXIS 81 ( Ky. 1894 ) (decided under prior law).

3. — Effect.

The certificate of election gives the holder the prima facie right to the office covered by the certificate, and he cannot be enjoined from discharging the duties of the office pending a contest. Harrison v. Stroud, 129 Ky. 193 , 110 S.W. 828, 33 Ky. L. Rptr. 653 , 1908 Ky. LEXIS 147 ( Ky. 1908 ) (decided under prior law).

A certificate of election is not conclusive as to the holder’s eligibility for the office, when his eligibility is denied in a direct proceeding against him attacking his right to exercise the duties of the office. Hermann v. Lampe, 175 Ky. 109 , 194 S.W. 122, 1917 Ky. LEXIS 306 ( Ky. 1917 ) (decided under prior law).

4. Order to Issue.

Though contestant in election contest did not demand issuance of a certificate of election, judgment ordering election commissioners to issue the certificate to the party entitled thereto as shown by a recount was proper. Rives v. Pettit, 513 S.W.2d 475, 1974 Ky. LEXIS 371 ( Ky. 1974 ) (decided under prior law).

5. Election by Lot.

Where Court of Appeals, on appeal in contest suit, found that there was a tie vote, the case was remanded to the lower court with directions that the board of election commissioners be ordered to reconvene and determine by lot which candidate was elected. Covington v. Joiner, 200 Ky. 378 , 254 S.W. 1048, 1923 Ky. LEXIS 90 ( Ky. 1923 ). But see Heitzman v. Voiers, 155 Ky. 39 , 159 S.W. 625, 1913 Ky. LEXIS 189 ( Ky. 1913 ) (decided under prior law).

County board of election commissioners had authority to determine by lot, in case of a tie vote, which of two candidates for board of education was elected. Caudill v. Stidham, 246 Ky. 174 , 54 S.W.2d 654, 1932 Ky. LEXIS 726 ( Ky. 1932 ), overruled, Hogg v. Caudill, 254 Ky. 409 , 71 S.W.2d 1020, 1934 Ky. LEXIS 105 ( Ky. 1934 ), overruled in part, Hogg v. Caudill, 254 Ky. 409 , 71 S.W.2d 1020, 1934 Ky. LEXIS 105 ( Ky. 1934 ), overruled, Widick v. Ralston, 303 Ky. 373 , 197 S.W.2d 261, 1946 Ky. LEXIS 880 (1946), overruled on other grounds, Hogg v. Caudill, 254 Ky. 409, 71 S.W.2d 1020, 1934 Ky. LEXIS 105 (Ky. 1934) (decided under prior law).

Where there is a tie between two candidates for the office of city councilman, the county board of election commissioners has no authority to determine by lot which is the successful candidate, or to issue a certificate of election. In such case the board must certify the returns to the city council, which has power to “judge of the eligibility and election returns of its members.” Rose v. Turner, 301 Ky. 272 , 191 S.W.2d 397, 1945 Ky. LEXIS 730 ( Ky. 1945 ) (decided under prior law).

Contestants in election recount proceeding, wherein a tied vote was agreed upon, could not waive the statutory duty of the board of election commissioners to determine election by lot, and therefore the court exceeded its power and jurisdiction in attempting to give force and effect to such a waiver. Little v. Mann, 302 Ky. 661 , 195 S.W.2d 321, 1946 Ky. LEXIS 737 ( Ky. 1946 ) (decided under prior law).

6. Elections on Public Questions.

In an election on a public question, the only power of the board of election commissioners is to certify how many votes were cast for and against the proposition; the board has no power to declare whether or not the question has been carried by the required majority. Denton v. Pulaski County, 170 Ky. 33 , 185 S.W. 481, 1916 Ky. LEXIS 9 ( Ky. 1916 ). See Smith v. Livingston County, 195 Ky. 382 , 242 S.W. 612, 1922 Ky. LEXIS 337 ( Ky. 1922 ) (decided under prior law).

7. Result of Election.

In an election on the question of issuing county bonds, the board of election commissioners is not required to certify the returns to the fiscal court; the recording of the returns on the records of the board is sufficient. Smith v. Livingston County, 195 Ky. 382 , 242 S.W. 612, 1922 Ky. LEXIS 337 ( Ky. 1922 ) (decided under prior law).

Opinions of Attorney General.

The term “tabulate,” as used in this section, may be construed broadly enough to include the possible use of a computer to tally the votes in an election subject to the prior approval of the state board of elections. OAG 75-229 .

Since an election commission is a ministerial body and has no authority to determine the validity of the election, the commission must certify the candidate receiving the most votes in a primary election, unless a contest suit has been filed within 15 days following the primary. OAG 77-376 .

Where two candidates for city council tie with respect to the votes cast at a November election, the county board of elections must determine the winner by lot under the terms of subsection (2) of this section; in case of a tie vote the board should notify the two candidates involved to give them an opportunity to be present and participate in the drawing. OAG 83-465 .

118.430. Constitutional amendments — How submitted to vote and voted on. [Repealed.]

Compiler’s Notes.

This section (1459: amend. Acts 1946, ch. 242, § 28; 1968, ch. 152, § 96) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 118.415 .

118.435. Time of election of presidential electors.

The election of electors of President and Vice President of the United States shall be held on the Tuesday next after the first Monday in November every four (4) years, beginning with 1892. The Governor may, by proclamation, appoint the same day in any other year, pursuant to Act of Congress, for holding the election, in the event of a vacancy in the offices of President and Vice President.

History. Enact. Acts 1974, ch. 130, § 129.

NOTES TO DECISIONS

1. Vacancies in State and Local Offices.

Presidential electors are “state officers” within the meaning of Ky. Const., § 152, and a vacancy in a city, county or state office can be filled at an election at which presidential electors are to be voted for. Todd v. Johnson, 99 Ky. 548 , 36 S.W. 987, 18 Ky. L. Rptr. 354 , 1896 Ky. LEXIS 121 ( Ky. 1896 ) (decided under prior law).

118.440. Challengers and inspectors for election on constitutional amendment. [Repealed.]

Compiler’s Notes.

This section (1539a-8 to 1539a-10) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.315 .

118.445. Meeting of presidential electors — Filling vacancy if elector fails to attend.

The electors of President and Vice President of the United States shall convene at the State Capitol, at 11:45 a.m. on the first Monday after the second Wednesday in December next after their election, give their votes at or after 12 noon, and make return thereof according to law. If any elector fails to attend by 12 noon, on the day of the meeting, those in attendance shall fill his place by the election of another person, who shall have the same powers as if originally elected by the people.

History. Enact. Acts 1974, ch. 130, § 130; 1986, ch. 470, § 32, effective July 15, 1986.

118.450. Cost of elections — Payment — Voting machines, acquisition. [Repealed.]

Compiler’s Notes.

This section (1452, 1540: amend. Acts 1946, ch. 25; 1960, ch. 129, § 1; 1962, ch. 33; 1962, ch. 210, § 19; 1968, ch. 152, § 97) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.345 .

118.455. Compensation of presidential electors.

Each elector of President and Vice President of the United States, for each day he attends at the State Capitol as an elector, shall receive the same per diem and mileage as may at the time be allowed to members of the General Assembly, to be paid out of the State Treasury.

History. Enact. Acts 1974, ch. 130, § 131.

118.465. Election of United States Senators.

One (1) United States Senator shall be elected at the regular November election every six (6) years beginning with 1914, and one (1) shall be elected at the regular November election every six (6) years beginning with 1918, to succeed the Senator whose term will expire the succeeding year. The election for United States Senator shall be held and the result shall be ascertained and certified in the same manner as the elections for state officers. After the returns have been canvassed, the Governor shall certify the election of the person elected to the President of the Senate of the United States. The certificate shall be under the seal of the state and shall be countersigned by the Secretary of State. All electors who are eligible to vote for representatives in Congress shall be eligible to vote for United States Senator, and the person receiving the highest number of votes shall be declared elected.

History. Enact. Acts 1974, ch. 130, § 132.

118.475. Time of election of representatives in Congress.

The election of representatives in Congress shall be held on the Tuesday next after the first Monday in November in every even numbered year.

History. Enact. Acts 1974, ch. 130, § 133.

118.485. Congressional districts. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 134; 1982, ch. 81, § 1, effective March 10, 1982) was repealed by Acts 1991 (2nd Ex. Sess.), ch. 4, § 9, effective December 20, 1991. For present law see KRS chapter 118B.

118.495. Construction of KRS 118.485. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 135; 1982, ch. 81, § 2, effective March 10, 1982) was repealed by Acts 1991 (2nd Ex. Sess.), ch. 4, § 9, effective December 20, 1991.

Presidential Preference Primaries

118.550. Definitions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 136) was repealed by Acts 1982, ch. 402, § 5, effective January 1, 1984.

118.551. Definition of political party.

As used in KRS 118.561 to 118.651 , “political party” means each political party whose candidates received ten percent (10%) or more of the vote for Governor and Lieutenant Governor in the preceding election, or has a registration equal to ten percent (10%) or more of the total registered voters in the Commonwealth.

History. Enact. Acts 1986, ch. 29, § 1, effective July 15, 1986; 1998, ch. 2, § 9, effective July 15, 1998.

Opinions of Attorney General.

The Reform Party was not entitled to utilize a presidential preference primary in the year 2000, regardless of whether it garnered more than 10% of the vote for Governor and Lieutenant Governor in the 1999 general election or had registration equal to ten (10) percent of the total registered voters in Kentucky since it received less than 20% of the total votes cast in the last presidential general election. OAG 00-1 .

118.555. Methods by which to determine a political party’s delegate votes for presidential candidates.

  1. The  state executive committee of each political party shall, pursuant to its party’s  rules, determine whether to distribute its party’s authorized delegate votes  for presidential candidates at its party’s national convention based on the  results of a party caucus, a presidential preference primary, or a combination  of the two (2) methods. Each state executive committee shall notify the State  Board of Elections of its decision not later than the December 31 preceding  the day for conducting a presidential preference primary as set by KRS 118.561 .
  2. If  a state executive committee determines that its party’s authorized delegate  votes for presidential candidates at its party’s national convention shall  be distributed based on the results of a party caucus, a presidential preference  primary shall not be conducted for that political party, and the provisions  of KRS 118.561 to 118.651 shall not apply. The distribution of delegates among  the presidential candidates shall be determined by party rule.
  3. If  a state executive committee determines that its party’s authorized delegate  votes for presidential candidates at its party’s national convention shall  be distributed based on the results of both a party caucus and a presidential  preference primary, the formula for distribution of authorized delegate votes  based on the results of a party caucus shall be determined by party rule.  The distribution of delegates based on the results of a presidential preference  primary shall be in accordance with the provisions of KRS 118.641(1). Regardless  of the method by which the authorized delegate votes are distributed, the  casting of votes on the first ballot at each party’s national convention shall  be in accordance with the provisions of KRS 118.641(2).

History. Enact. Acts 1990, ch. 431, § 2, effective July 13, 1990; 1992, ch. 296, § 14, effective July 14, 1992.

118.560. Presidential preference primary elections. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 137) was repealed by Acts 1982, ch. 402, § 5, effective January 1, 1984.

118.561. Presidential preference primary election.

  1. Subject  to KRS 118.555 , on the first Tuesday after the third Monday in May, in each  presidential election year, the Commonwealth of Kentucky shall conduct presidential  preference primary elections within each political party.
  2. Hours  of voting shall be in accordance with KRS 118.035 .
  3. The  cost of election, officials, and the entire method of conducting the presidential  preference primary shall be in accordance with Kentucky statutory provisions  on primary elections.

History. Enact. Acts 1986, ch. 29, § 2, effective July 15, 1986; 1990, ch. 431, § 3, effective July 13, 1990; 2002, ch. 262, § 2, effective July 15, 2002.

118.570. Voter qualification. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 138) was repealed by Acts 1982, ch. 402, § 5, effective January 1, 1984.

118.571. Voter qualification.

To qualify to vote in a presidential preference primary in the Commonwealth a voter must register to vote in the same manner as prescribed in KRS Chapter 116. A voter shall vote only in the presidential preference primary of the political party for which he has declared a preference as required by KRS 116.055 .

History. Enact. Acts 1986, ch. 29, § 3, effective July 15, 1986.

118.580. Nomination of candidates by state board of elections. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 139; 1982, ch. 394, § 31, effective July 15, 1982) was repealed by Acts 1982, ch. 402, § 5, effective January 1, 1984.

118.581. Nomination of candidates by State Board of Elections.

The State Board of Elections shall convene in Frankfort on the third Tuesday in December preceding a presidential preference primary. At the meeting required by this section, the board shall nominate as presidential preference primary candidates all those candidates of the political parties for the office of President of the United States who have qualified for matching federal campaign funds. Immediately upon completion of this requirement, the board shall transmit a list of all the nominees selected to the Secretary of State and shall also release the list to the news media.

History. Enact. Acts 1986, ch. 29, § 4, effective July 15, 1986; 1986, ch. 470, § 20, effective July 15, 1986; 1990, ch. 48, § 52, effective July 13, 1990; 1990, ch. 431, § 4, effective July 13, 1990; 1992, ch. 296, § 15, effective July 14, 1992; 2019 ch. 187, § 6, effective November 6, 2019.

NOTES TO DECISIONS

Cited:

Kay v. Ehrler, 499 U.S. 432, 111 S. Ct. 1435, 113 L. Ed. 2d 486, 1991 U.S. LEXIS 2219 (1991).

118.590. Nomination of candidate by petition. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 140; 1976, ch. 23, § 1, effective March 2, 1976; 1978, ch. 318, § 10, effective June 17, 1978) was repealed by Acts 1982, ch. 402, § 5, effective January 1, 1984.

118.591. Nomination of presidential preference primary candidate by petition — Qualification of candidate through filing of notice of candidacy.

  1. Any person seeking the endorsement by a political party for the office of President of the United States, or any group organized in this state on behalf of, and with the consent of, the person, may file with the Secretary of State certified petitions signed by five thousand (5,000) persons who, at the time they sign, are registered and qualified voters in the Commonwealth and are affiliated, by registration, with the same political party as the candidate for whom petitions are filed.
  2. The petitions shall be filed by the petitioners with the Secretary of State no later than the first Friday following the first Monday in January preceding a presidential preference primary.
  3. The petitions shall state:
    1. The name of the candidate for nomination and the party of which the candidate is a member; and
    2. The name and address of the chair of the group circulating such petition.
  4. The Secretary of State shall determine the sufficiency of petitions filed with him or her and shall immediately communicate his or her determination to the chair of the group which has filed the petitions.
  5. In lieu of the petition requirements of subsections (1) to (4) of this section, a candidate may qualify to appear on the presidential preference primary ballot of the candidate’s political party by filing with the Secretary of State, no later than the first Friday following the first Monday in January preceding a presidential preference primary, a notice of candidacy signed by the candidate and either of the following:
    1. A certification by the Federal Election Commission that, by the filing deadline, the candidate has qualified for matching federal campaign funds; or
    2. Evidence that, by the filing deadline, the candidate’s name is qualified to appear on the presidential preference primary ballot of the candidate’s political party in at least twenty (20) other states.
  6. The Secretary of State shall determine the sufficiency of the documentation provided pursuant to subsection (5) of this section and shall immediately communicate his or her determination to the candidate or the candidates’s agent.

History. Enact. Acts 1986, ch. 29, § 5, effective July 15, 1986; 1986, ch. 470, § 21, effective July 15, 1986; 1990, ch. 48, § 53, effective July 13, 1990; 1990, ch. 431, § 5, effective July 13, 1990; 1992, ch. 296, § 16, effective July 14, 1992; 1996, ch. 3, § 1, effective January 29, 1996; 2019 ch. 187, § 7, effective November 6, 2019.

118.600. Notification of nominees by Secretary of State. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 141; 1980, ch. 114, § 15, effective July 15, 1980) was repealed by Acts 1982, ch. 402, § 5, effective January 1, 1984.

118.601. Notification of nominees by Secretary of State — Order of names on ballot — Certification of candidates.

  1. The Secretary of State shall contact each person who has been nominated by petition, or who has been nominated pursuant to KRS 118.591(5) and (6), and notify him or her in writing by certified mail, with return receipt requested, that his or her name will appear as a candidate on the Kentucky presidential primary ballot of his or her party.
  2. The order in which the names of candidates for a presidential preference primary are to be printed on the ballot shall be determined by lot at a public drawing in the office of the Secretary of State at 2 p.m., standard time, on the Thursday following the filing deadline for the presidential preference primary as established in KRS 118.591 .
  3. Not later than the date set forth in KRS 118.215(1)(a) preceding the presidential preference primary, and after the order of the names has been determined as provided by subsection (2) of this section, the Secretary of State shall certify to each county clerk the name, place of residence, and party of each candidate, as specified in the notice of candidacy forms or petitions filed with the Secretary of State and shall designate the device with which the candidates of each party shall be printed, in the order in which they are to appear on the ballot, with precedence to be given to the party that polled the highest number of votes at the preceding election for presidential electors, followed by the political party which received the second highest number of votes.

History. Enact. Acts 1986, ch. 29, § 6, effective July 15, 1986; 1986, ch. 470, § 22, effective July 15, 1986; 1990, ch. 48, § 54, effective July 13, 1990; 1990, ch. 431, § 6, effective July 13, 1990; 1992, ch. 296, § 17, effective July 14, 1992; 1996, ch. 3, § 2, effective January 29, 1996; 2008, ch. 79, § 14, effective July 15, 2008; 2019 ch. 187, § 8, effective November 6, 2019.

118.610. Candidates required to make deposit with Secretary of State. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 142; 1982, ch. 394, § 32, effective July 15, 1982) was repealed by Acts 1982, ch. 402, § 5, effective January 1, 1984.

118.611. Candidates required to make deposit with Secretary of State — Refund — Escheat to Commonwealth.

Before any candidate’s name is placed upon the official ballot by the Secretary of State for a presidential preference primary in the Commonwealth, the candidate shall remit to the Secretary of State a filing fee of one thousand dollars ($1,000), which shall be nonrefundable unless no presidential preference primary is held.

History. Enact. Acts 1986, ch. 29, § 7, effective July 15, 1986; 1990, ch. 48, § 55, effective July 13, 1990; 1990, ch. 431, § 7, effective July 13, 1990.

Legislative Research Commission Note.

(7/13/90) This section was amended by two 1990 Acts which do not appear to be in conflict and have been compiled together.

118.620. Secretary of state to place candidates’ names on ballots — Provision for casting “uncommitted” vote. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 143; 1976, ch. 81, § 1, effective March 29, 1976) was repealed by Acts 1982, ch. 402, § 5, effective January 1, 1984.

118.621. Secretary of State to place candidates’ names on ballot — Provisions for casting uncommitted vote.

The Secretary of State shall place the names of all candidates who have been nominated by petition, or who have been nominated pursuant to KRS 118.591(5) and (6), on the official presidential preference primary ballot of their respective political parties. The Secretary of State shall additionally place on the ballot of each political party a ballot slot for voters to cast an “uncommitted” vote. This vote shall be entitled to the same proportionate representation as a candidate under KRS 118.641 , but delegates representing these voters shall not be bound by the first ballot requirement of KRS 118.631 .

History. Enact. Acts 1986, ch. 29, § 8, effective July 15, 1986; 1990, ch. 48, § 56, effective July 13, 1990; 1996, ch. 3, § 3, effective January 29, 1996.

118.630. Certification of results of preference primary. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 144) was repealed by Acts 1982, ch. 402, § 5, effective January 1, 1984.

118.631. Certification of results of preference primary.

Upon completion of the official canvass of the results of the primary by the State Board of Elections, the Secretary of State shall certify to the state chairman of each political party participating in the presidential preference primary the following:

  1. The  names of the candidates entitled to delegate votes under provisions of KRS 118.641 ;
  2. The  total vote received by each;
  3. A  declaration that the results of the presidential preference primary, in accordance  with the division of votes reflected by the official canvass, shall be the  official vote cast by each political party at its national convention, on  the first ballot only, and shall be designated by KRS 118.551 to 118.651 as  an automatic vote, expressing the will of the people of the Commonwealth of  Kentucky; and
  4. After  the vote on the first ballot by the political party at its national convention,  as required by this section, all responsibility under KRS 118.551 to 118.651 shall terminate and further balloting shall be the prerogative of the political  parties as might be prescribed by the rules of such political parties.

History. Enact. Acts 1986, ch. 29, § 9, effective July 15, 1986.

118.640. Distribution of authorized delegate vote among party candidates. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 145; 1976, ch. 81, § 2, effective March 29, 1976; 1980, ch. 166, § 1, effective July 15, 1980) was repealed by Acts 1982, ch. 402, § 5, effective January 1, 1984.

118.641. Distribution of authorized delegate vote among party candidates.

  1. The  political parties in distributing authorized delegate votes among party candidates  shall select one (1) of the following methods of distribution:
    1. The  candidates receiving the highest number of votes, provided each candidate  receives at least fifteen percent (15%) of the total vote cast by his political  party, shall be awarded a pro rata portion of the authorized delegate vote  of his political party as follows:
      1. The  total vote received by the candidates qualifying under the provisions of KRS 118.551 to 118.651 and subsections herein shall, when combined, be equal to  one hundred percent (100%);
      2. Each  such candidate shall share in the total percentage in direct proportion to  the total vote received by him mathematically determined to be the percentage  of the aggregate vote which represents one hundred percent (100%);
      3. Each  political party shall appropriate such percentage, as is determined by this  section, to the total number of delegate votes as are allotted by the national  committee of each party; or
    2. The  candidate receiving the highest number of votes cast by his political party  shall be awarded a pro rata portion of the authorized delegate vote of his  political party in compliance with the state party rules for that party.
  2. Each  political party shall, on the first ballot at its national convention, cast  this Commonwealth’s vote for the candidates as determined by the primary or  party caucus and calculated under this section or under party rules, whichever  is applicable. Provided, however, that in the event of the death or withdrawal  of a candidate receiving votes under this section prior to the tabulation  of the first ballot, any delegate votes allocated to such candidate shall  be considered uncommitted. Withdrawal shall mean notice in writing by the  candidate to the chairman of the Kentucky delegation prior to the first ballot.

History. Enact. Acts 1986, ch. 29, § 10, effective July 15, 1986; 1990, ch. 431, § 8, effective July 13, 1990.

118.650. Notice to political party’s national committee. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 146) was repealed by Acts 1982, ch. 402, § 5, effective January 1, 1984.

118.651. Notice to political party’s national committee.

It shall be the responsibility of the state chairman of each political party to notify his party’s national committee, no later than January 30 of each year in which such presidential primary shall be conducted, of the provisions contained herein relating to the automatic vote on the first ballot as required under KRS 118.551 to 118.641 .

History. Enact. Acts 1986, ch. 29, § 11, effective July 15, 1986.

Special Elections

118.710. Proclamation for special election of Governor.

Except as provided in KRS 120.205 , when a vacancy happens in the office of Governor, requiring an election, a proclamation therefor shall be issued by the Chief Justice of the Supreme Court, or if he is absent from the state or unable to act, by one (1) of the associate justices, and shall be directed to the sheriffs. The proclamation shall be published by the sheriffs as required by KRS 118.750 .

History. Enact. Acts 1974, ch. 130, § 147; 1976 (Ex. Sess.), ch. 14, § 132; 1986, ch. 470, § 33, effective July 15, 1986.

118.720. Proclamation for special election for Congressional representative.

When an election is to be held to fill a vacancy in the office of representative in Congress, a proclamation therefor, in lieu of a writ of election, shall be issued and signed by the Governor and shall be directed to the proper sheriffs. The proclamation shall be published by the sheriffs as required by KRS 118.750 .

History. Enact. Acts 1974, ch. 130, § 148; 1986, ch. 470, § 34, effective July 15, 1986.

118.730. Writ for special election for member of General Assembly — Location where voting to be conducted when only one candidate nominated — Exceptions.

  1. When a vacancy exists in either house of the General Assembly during its session, the presiding officer of the house in which the vacancy exists shall issue a writ of election; when the General Assembly is not in session, the writ shall be issued by the Governor. 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.
  2. If a writ of election has been issued to fill a vacancy in either house of the General Assembly and only one (1) candidate has been nominated under KRS 118.760 and 118.770 and no candidate has filed a declaration of intent to be a write-in candidate for the vacancy under KRS 117.265(2), the county clerks of the counties in the territory in which the special election is to be held shall conduct voting in only one (1) of the following:
    1. The county clerk’s office; or
    2. Other place or places designated by the county board of elections and approved by the State Board of Elections.
  3. Subsection (2) of this section shall not apply when the writ of election calls for the election to be held on either:
    1. The day of a primary or general election; or
    2. The same day as any other special election, except an uncontested special election to fill a vacancy in either house of the General Assembly.

History. Enact. Acts 1974, ch. 130, § 149; 1984, ch. 208, § 1, effective July 13, 1984; 2012, ch. 8, § 2, effective March 28, 2012.

Legislative Research Commission Note.

(3/28/2012). 2012 Ky. Acts ch. 8, sec. 5, provides that the amendments to this statute in 2012 Ky. Acts ch. 8 shall be cited as “The Dewayne Bunch Act.”

NOTES TO DECISIONS

1. Time of Election.

The provisions of Ky. Const., § 152 as to the time of elections to fill vacancies do not apply to vacancies in the General Assembly, and elections to fill vacancies in the General Assembly are not required to be held at the next regular election following the occurrence of the vacancy. Furste v. Gray, 240 Ky. 604 , 42 S.W.2d 889, 1931 Ky. LEXIS 458 ( Ky. 1931 ) (decided under prior law).

2. Writ of Election.

Vacancy in General Assembly cannot be filled at regular election unless a writ of election has been issued designating the regular election day as the day for holding the special election to fill the vacancy. Meagher v. Howell, 171 Ky. 238 , 188 S.W. 373, 1916 Ky. LEXIS 341 ( Ky. 1916 ). See Furste v. Gray, 240 Ky. 604 , 42 S.W.2d 889, 1931 Ky. LEXIS 458 ( Ky. 1931 ) (decided under prior law).

A writ of election must be issued before an election to fill a vacancy in the General Assembly may be held, and until the writ is issued no nomination to fill the vacancy can be made. Any steps taken by primary, convention or party authority, prior to the issuance of the writ, are absolutely void. Furste v. Gray, 240 Ky. 604 , 42 S.W.2d 889, 1931 Ky. LEXIS 458 ( Ky. 1931 ) (decided under prior law).

Opinions of Attorney General.

Where a State Senator’s letter of resignation was submitted to the President of the Senate on the next to last day of the session, the President of the Senate as the presiding officer of the house in which the legislative vacancy occurred would be required to issue a writ of election to fill the vacancy for the unexpired term. OAG 76-267 .

The Speaker of the Kentucky House of Representatives has, without question, discretion as to when he issues the writ of election, which means that he may do so within a reasonable time. OAG 79-12 .

Where the death of a State Representative following his reelection at the November general election creates an immediate vacancy when his present term expires on January 1, pursuant to Ky. Const., § 30, and where the legislature does not convene until January 5, under Ky. Const., § 36, the proper procedure for filling the vacancy affecting the new term would be to have the Governor call a special election by issuing a writ pursuant to this section. OAG 81-388 .

118.740. Delivery of proclamations and writs to sheriffs — Notice of election or special election.

  1. A copy of a proclamation issued under KRS 118.710 or 118.720 , or a writ of election issued under KRS 118.730 shall be forwarded by mail to the sheriff of each county in the district in which the election is to be held, at least fifty-six (56) days before the election. The sheriff of each county in which an election is to be held shall give notice at least forty-nine (49) days before the day of election. If, from any cause, the sheriff cannot properly act, he shall immediately hand the writ or proclamation to the person authorized to act in his place.
  2. If a special election is administered under KRS 118.730(2), the notice required by subsection (1) of this section shall include the location of the election.

History. Enact. Acts 1974, ch. 130, § 150; 1990, ch. 48, § 57, effective July 13, 1990; 2012, ch. 8, § 3, effective March 28, 2012; 2013, ch. 131, § 24, effective April 5, 2013.

Legislative Research Commission Note.

(3/28/2012). 2012 Ky. Acts ch. 8, sec. 5, provides that the amendments to this statute in 2012 Ky. Acts ch. 8 shall be cited as “The Dewayne Bunch Act.”

Opinions of Attorney General.

Where the time element involved was such that hand delivery would be necessary to permit the election to be held in connection with a short session, the courts would sustain it, provided the receipt of the writ was properly receipted in writing by the sheriff so that there was documented evidence that the writ had actually been received. OAG 79-12 .

118.750. Publication of proclamations and writs by sheriffs.

Immediately on receipt of a proclamation or writ of election, or other sufficient information thereof, the sheriff shall give notice thereof by publication pursuant to KRS Chapter 424 and by handbills posted at the courthouse door and at the several places of voting.

History. Enact. Acts 1974, ch. 130, § 151.

Research References and Practice Aids

ALR

Special election, statutory provision as to manner and time of notice of, as mandatory or directory. 119 A.L.R. 661.

Submission of special questions — validity of public election as affected by fact that it was held at time other than fixed by law. 121 A.L.R. 990.

Special election, validity of, as affected by publication or dissemination of matter or information extrinsic to the question as submitted, regarding nature or effect of the proposal. 122 A.L.R. 1142.

118.760. Nominations of candidates for special elections.

Nominations by political parties, as defined in KRS 118.015 , to fill vacancies at special elections shall be made in the manner determined by the governing authority of the party in the territory in which the election is to be held. An independent, or political organization, or political group candidate may be nominated at a special election by a petition of electors qualified to vote for him or her. The independent, or political organization, or political group candidate shall not be a registered member of a political party prior to the filing of the petition as prescribed in KRS 118.770 . The form of the petition and the required number of signatures on the petition are set forth in KRS 118.315(2).

History. Enact. Acts 1974, ch. 130, § 152; 1986, ch. 470, § 35, effective July 15, 1986; 2010, ch. 123, § 6, effective July 15, 2010.

NOTES TO DECISIONS

1. Constitutionality.

Where a county chairman was chosen from each county by respective political parties, each county chairman had one vote in selecting the party nominee, regardless of the population of the respective counties, and each county chairman was chosen at county conventions composed of committeemen elected by precincts which were malapportioned both as to population and registered voters, substantial constitutional questions on the “one-man, one-vote” issue at both precinct and county levels were presented. Grimes v. Kentucky, 462 F.2d 1359, 1972 U.S. App. LEXIS 8699 (6th Cir. Ky. 1972 ) (decided under prior law).

2. Circuit Court Jurisdiction.

A Circuit Court has jurisdiction to enjoin the governing authority of a party from revoking a nomination it has lawfully made. Meagher v. Howell, 171 Ky. 238 , 188 S.W. 373, 1916 Ky. LEXIS 341 ( Ky. 1916 ) (decided under prior law).

3. Time of Nomination.

A nomination to fill a vacancy at a special election cannot be made until the special election has been called, and if made before that time the nominee has no vested right to the nomination. Meagher v. Howell, 171 Ky. 238 , 188 S.W. 373, 1916 Ky. LEXIS 341 ( Ky. 1916 ). See Furste v. Gray, 240 Ky. 604 , 42 S.W.2d 889, 1931 Ky. LEXIS 458 ( Ky. 1931 ) (decided under prior law).

118.770. Time for filing petitions and certificates of nomination for special election of Governor, congressional representative or General Assembly member.

When a writ of election or proclamation is issued to fill a vacancy as prescribed in KRS 118.710 , 118.720 , or 118.730 , independent, or political organization, or political group petitions and certificates of nomination shall be filed at least forty-nine (49) days before the day of election, and if filed with the Secretary of State shall be immediately certified by him or her to the proper county clerks.

History. Enact. Acts 1974, ch. 130, § 153; 1986, ch. 470, § 36, effective July 15, 1986; 1990, ch. 48, § 58, effective July 13, 1990; 2010, ch. 123, § 7, effective July 15, 2010; 2012, ch. 8, § 4, effective March 28, 2012; 2013, ch. 131, § 25, effective April 5, 2013.

Legislative Research Commission Note.

(3/28/2012). 2012 Ky. Acts ch. 8, sec. 5, provides that the amendments to this statute in 2012 Ky. Acts ch. 8 shall be cited as “The Dewayne Bunch Act.”

Opinions of Attorney General.

The deadline for filing petitions and certificates of nomination to fill a vacancy is ten (10) days prior to the special election and, in computing the deadline, days excluded by KRS 446.030 are not included in the computation. OAG 74-751 .

Research References and Practice Aids

ALR

Petition for special election, nonregistration as affecting one’s qualification as signer of. 100 A.L.R. 1308.

118.775. Person elected to fill vacancy to take office immediately upon certification of results and administration of oath.

A successful candidate in a special election held for the purpose of filling a vacancy in any elective office shall take office immediately upon certification of the election results by the State Board of Elections or the county board of elections in which the special election was held, and administration of the oath of office.

History. Enact. Acts 1990, ch. 48, § 50, effective July 13, 1990; 2010, ch. 123, § 8, effective July 15, 2010.

118.780. Absent voting by disabled person. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 154) was repealed by Acts 1976, ch. 247, § 16. For present law see KRS 117.075 , 117.085 to 117.087 .

118.790. Application for absent ballot. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 155) was repealed by Acts 1976, ch. 247, § 16. For present law see KRS 117.075 , 117.085 to 117.087 .

Penalties

118.990. Penalties. [Repealed.]

Compiler’s Notes.

This section (1462, 1472, 1475, 1476, 1477a, 1482, 1550-33, 1550-34, 1569 to 1571, 1574: amend. Acts 1942, ch. 169, § 4; 1960, ch. 34, § 2) was repealed by Acts 1972, ch. 188, § 69.

118.995. Penalties.

  1. Any  person who violates any of the provisions of KRS 118.136 shall be guilty of  a Class A misdemeanor.
  2. If  the Secretary of State violates any of the provisions of subsection (4) of  KRS 118.215 , he shall be guilty of a Class D felony.
  3. Any  person who violates subsection (5) of KRS 118.176 shall be guilty of a Class  A misdemeanor.
  4. If  any county clerk violates any of the provisions of subsection (5) of KRS 118.305 ,  he shall be guilty of a Class D felony.

History. Enact. Acts 1974, ch. 130, § 156; 1978, ch. 384, § 562, effective June 17, 1978; 1980, ch. 188, § 100, effective July 15, 1980; 1990, ch. 48, § 59, effective July 13, 1990; 1990, ch. 366, § 9, effective July 13, 1990.

Legislative Research Commission Note.

(7/13/90) This section was amended by two 1990 Acts which do not appear to be in conflict and have been compiled together.

CHAPTER 118A Election of Judges

118A.010. Definitions — Applicability of provisions of KRS Chapter 118.

As used in this chapter, unless the context otherwise requires:

  1. “Ballot” or “official ballot” means the voting machine ballot label, ballot cards, paper ballots, an absentee ballot, a special ballot, or a supplemental paper ballot which has been authorized for the use of the voters in any primary, general, or special election by the Secretary of State or the county clerk;
  2. “Ballot card” means a tabulating card on which votes may be recorded by a voter by use of a voting device or by marking with a pen or special marking device;
  3. “Ballot label” means the cards, papers, booklet, pages, or other material on which appear the names of candidates and the questions to be voted on by means of ballot cards or voting machines;
  4. “Election” refers only to elections for offices of the Court of Justice; and
  5. “Voting machine” or “machine” shall include lever machines and, as far as applicable, any electronic or electromechanical unit and supplies utilized or relied upon by a voter in casting his vote in an election.

No provisions of KRS Chapter 118 existing on March 10, 1976, except KRS 118.015 through 118.045 shall apply to such elections. All other provisions of the election laws not inconsistent with this chapter shall be applicable thereto.

History. Enact. Acts 1976, ch. 54, § 1, effective March 10, 1976; 1982, ch. 360, § 42, effective July 15, 1982; 2003, ch. 66, § 17, effective June 24, 2003.

NOTES TO DECISIONS

1. Judicial Candidates.

This chapter contains no provision for challenging the qualifications of a judicial candidate, and the application of KRS 118.176 is not prohibited by the express wording of this section. Noble v. Meagher, 686 S.W.2d 458, 1985 Ky. LEXIS 207 ( Ky. 1985 ).

Opinions of Attorney General.

A merit system employee may not participate in the campaign for the election of a member of the judiciary, without violating the proscription of KRS 18A.140 . OAG 76-637 .

Research References and Practice Aids

Kentucky Bench & Bar.

An Overview of Kentucky’s New Court System, Vol. 41, No. 2, April 1977 Ky. Bench & B. 13.

118A.020. Justices of the Supreme Court.

Justices of the Supreme Court shall be elected from the Supreme Court districts established by KRS Chapter 21A.

History. Enact. Acts 1976, ch. 54, § 2, effective March 10, 1976.

118A.030. Judges of the Court of Appeals.

  1. Judges  of the Court of Appeals shall be elected from the same districts as are justices  of the Supreme Court.
  2. In  each Court of Appeals district there shall be, for election purposes, numbered  divisions corresponding to the number of Court of Appeals Judges in the district.  Each judge shall be elected at large from the entire district.
  3. Each  numbered division of a district shall be voted upon and shall be tallied separately.

History. Enact. Acts 1976, ch. 54, § 3, effective March 10, 1976.

118A.040. Circuit Judges.

  1. Circuit  Judges shall be elected from the judicial circuits established in KRS Chapter  23A.
  2. In  judicial circuits having two (2) or more judges there shall be, for election  purposes, numbered divisions corresponding to the number of Circuit Judges  in the circuit. Each judge shall be elected at large from the entire circuit.
  3. Each  numbered division of a circuit shall be voted upon and shall be tallied separately.

History. Enact. Acts 1976, ch. 54, § 4, effective March 10, 1976; 1980, ch. 188, § 101, effective July 15, 1980.

Research References and Practice Aids

Cross-References.

Election, Const., § 117.

118A.045. Election of family court judges.

  1. Family court judges shall be elected from the judicial circuits established in KRS Chapter 23A and to a family court division so designated by the Supreme Court pursuant to Section 112(6) of the Constitution of Kentucky.
  2. All family court divisions as certified by the Clerk of the Supreme Court of Kentucky shall have such designation specifically appear on the ballot. The words “Family Court” shall be printed on the ballot in an appropriate location for divisions of Circuit Court certified by the Clerk of the Supreme Court of Kentucky as family court divisions. Prior to the first Wednesday after the first Monday in November of each scheduled election year, the Clerk of the Supreme Court of Kentucky shall certify the divisions of Circuit Court within a judicial circuit that are designated as family court divisions and deliver such certification to the Secretary of State.
  3. Except as provided in KRS 23A.070 , in judicial circuits having two (2) or more judges there shall be, for election purposes, numbered divisions corresponding to the number of Circuit Judges in the circuit. Each judge shall be elected at large from the entire circuit.
  4. Each numbered division of a circuit shall be voted upon and shall be tallied separately.

History. Enact. Acts 2003, ch. 66, § 3, effective June 24, 2003; 2005, ch. 124, § 2, effective June 20, 2005.

118A.050. District Judges.

  1. District  Judges shall be elected from judicial districts.
  2. In  judicial districts having two (2) or more judges there shall be, for election  purposes, numbered divisions corresponding to the number of District Judges  in the district. Each judge shall be elected at large from the entire district.
  3. Each  numbered division of a district shall be voted upon and shall be tallied separately.

History. Enact. Acts 1976, ch. 54, § 5, effective March 10, 1976.

118A.060. Petition for nomination — Examination of petition — Form and order of names on ballot — Secretary of State’s duties — Ballot position unalterable — Certification of nomination.

  1. Except as provided in KRS 118A.100 , no person’s name shall appear on a ballot label or absentee ballot for an office of the Court of Justice without first having been nominated as provided in this section.
  2. Each candidate for nomination shall file a petition for nomination with the Secretary of State not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot and not later than the first Friday following the first Monday in January preceding the day fixed by law for holding the primary for the office. The petition shall be sworn to before an officer authorized to administer an oath by the candidate and by not less than two (2) registered voters from the district or circuit from which he or she seeks nomination. Signatures for nomination papers shall not be affixed on the document to be filed prior to the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot. The petition shall be filed no later than 4 p.m. local time at the place of filing when filed on the last date on which the papers are permitted to be filed.
  3. The petition for nomination shall be in the form prescribed by the State Board of Elections. The petition shall include a declaration sworn to by the candidate, that he or she possesses all the constitutional and statutory requirements of the office for which the candidate has filed. Titles, ranks, or spurious phrases shall not be accepted on the petition and shall not be printed on the ballots as part of the candidate’s name; however, nicknames, initials, and contractions of given names may be acceptable as the candidate’s name.
  4. The Secretary of State shall examine the petition of each candidate to determine whether it is regular on its face. If there is an error, the Secretary of State shall notify the candidate by certified mail within twenty-four (24) hours of filing. The order of names on the ballot for each district or circuit, and numbered division if divisions exist, shall be determined by lot at a public drawing to be held in the office of the Secretary of State at 2 p.m., standard time, on the Thursday following the filing deadline for the primary as established in this section and in KRS 83A.045 and 118.165 .
  5. Not later than the date set forth in KRS 118.215(1)(a) preceding the primary, and after the order of names on the ballot has been determined as required in subsection (4) of this section, the Secretary of State shall:
    1. Certify to the county clerks of the respective counties entitled to participate in the election of the various candidates, the name and place of residence of each candidate for each office, by district or circuit, and numbered division if divisions exist, as specified in the petitions for nomination filed with him or her; and
    2. Designate for the county clerks the office of the Court of Justice with which the names of candidates shall be printed and the order in which they are to appear on the ballot.
  6. The ballot position of a candidate shall not be changed after the ballot position has been designated by the Secretary of State.
  7. The county clerks of each county shall cause to be printed on the ballot labels for the voting machines and on the special ballots for the primary the names of the candidates for offices in the Court of Justice.
  8. The names of the candidates shall be placed on the voting machine in a separate column or columns or in a separate line or lines and identified by the words “Judicial Ballot.” The words “Vote for one,” or “Vote for one in each division,” shall be printed on the ballot in an appropriate location. The office, numbered division if divisions exist, and the candidates shall be clearly labeled. No party designation or emblem of any kind, nor any sign indicating any candidate’s political belief or party affiliation, shall be used on voting machines or special ballots.
  9. The two (2) candidates receiving the highest number of votes for nomination for justice or judge of a district or circuit, or numbered division if divisions exist, shall be nominated. Certificates of nomination shall be issued as provided in KRS 118A.190 .
  10. If it appears after expiration of the time for filing petitions for nomination that there are not more than two (2) candidates who have filed the necessary petitions for a place on the ballot in the regular election, no drawing for ballot position shall be held and the Secretary of State shall immediately issue and file in the Secretary’s office certificates of nomination, and send copies to the candidates.

History. Enact. Acts 1976, ch. 54, § 6, effective March 10, 1976; 1976 (Ex. Sess.), ch. 1, § 11; 1982, ch. 394, § 33, effective July 15, 1982; 1984, ch. 185, § 25, effective July 13, 1984; 1986, ch. 470, § 37, effective July 15, 1986; 1988, ch. 238, § 3, effective July 15, 1988; 1990, ch. 48, § 60, effective July 13, 1990; 1992, ch. 296, § 18, effective July 14, 1992; 1998, ch. 2, § 10, effective July 15, 1998; 2000, ch. 275, § 3, effective July 14, 2000; 2008, ch. 79, § 15, effective July 15, 2008; 2019 ch. 187, § 3, effective November 6, 2019.

Legislative Research Commission Note.

(7/15/2008). The Reviser of Statutes has corrected a manifest clerical or typographical error in the way this statute was amended in 2008 Ky. Acts ch. 79, sec. 15. In that Act, subsection (3) of this statute was inadvertently deleted and subsection (2) of this statute was inadvertently repeated, then amended. This change has been made under the authority of KRS 7.136(1)(h).

(1/13/93). Pursuant to KRS 7.136(1)(e), the prior reference to KRS 118A.110 which appeared in subsection (1) of this statute has been deleted because of the repeal of KRS 118A.110 by 1992 Ky. Acts ch. 454, sec. 2, effective July 14, 1992.

NOTES TO DECISIONS

1. Constitutionality.

Former similar law did not violate Ky. Const., § 6 for although it provided for a separate judicial ballot, it afforded every voter an equal right to exercise his franchise in the selection of judicial officers. Mann v. Cornett, 445 S.W.2d 853, 1969 Ky. LEXIS 185 ( Ky. 1969 ) (decided under prior law).

Primary-election process for reducing the number of candidates for judicial office whose names shall appear on the general ballot is not a denial of access to the general election ballot and does not violate the First, Fifth or Fourteenth Amendments to the U.S. Constitution.Davis v. Delahanty, 551 S.W.2d 227, 1977 Ky. LEXIS 460 ( Ky. 1977 ).

Primary-election process for selecting candidates for judicial office does not, by mere label “primary-election,” denote a partisan election in violation of Ky. Const., § 117. Davis v. Delahanty, 551 S.W.2d 227, 1977 Ky. LEXIS 460 ( Ky. 1977 ).

2. Nature of Election.

Primary-election process for selecting candidates for judicial office is a part of the election process but is not an “election,” because it does not culminate in any candidate’s election to office and, therefore, is not subject to the constitutional inhibition against more than one election in each year. Davis v. Delahanty, 551 S.W.2d 227, 1977 Ky. LEXIS 460 ( Ky. 1977 ).

3. Nominating Petition.

Where the failure of each voter to swear to the fact of being registered and the failure to sign a nomination petition in the presence of an officer were mere technical violations of KRS 118A.060(2), (3), the petition was valid; therefore, the trial court properly denied an individual’s motion to disqualify the candidate. Hoffman v. Waterman, 141 S.W.3d 16, 2004 Ky. App. LEXIS 217 (Ky. Ct. App. 2004).

4. Death of candidate.

Candidate, who was the third-place primary election candidate, was not entitled to appear on the general election ballot for a district court judge when the first-place primary election candidate died after the primary election votes were cast but before the certification of the results by the county board of elections because certificates of nomination were directed only to the two candidates receiving the most votes in a primary election. Ky. State Bd. of Elections v. Faulkner, 591 S.W.3d 398, 2018 Ky. LEXIS 525 ( Ky. 2018 ).

Opinions of Attorney General.

There is nothing in this section or the prescribed form that would prohibit a person who has signed the petition of a candidate for District Judge from becoming a candidate for the same office. OAG 77-462 .

A voter may write in a candidate of his own selection for judge at the general election pursuant to KRS 117.265 , despite the fact that that candidate has not been nominated as required by subsection (1) of this section, since this section does not declare that a person must be nominated for a judicial office in order to be elected to that office. OAG 81-245 .

Where an incumbent District Judge died following his nomination for reelection and he was to be the only nominee on the November ballot, other possible candidates for his position cannot have their names placed on the ballot, since none of them were nominated as required by this section; thus, any aspiring candidates will have to run as “write-in” candidates. OAG 81-268 .

The 120-day filing deadline established in this section and KRS 118.165 and 118.365 was meant to uniformly apply to all filing deadlines, except those for municipal offices, and therefore by implication applies to candidates seeking unexpired terms under the provisions of KRS 118.115 , 118.375 and 118A.100 . OAG 89-5 .

Research References and Practice Aids

Kentucky Bench & Bar.

Bartlett, The Selection and Election of Judges in Kentucky, Vol. 53, No. 3, Summer 1989, Ky. Bench & Bar. 26.

118A.070. Eligibility of voters. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 54, § 8, effective March 10, 1976) was repealed by Acts 1988, ch. 341, § 50, effective July 15, 1988.

118A.080. Denial of right to have name placed on ballot — Restoration — Ineligibility of Senior Status Special Judge.

  1. No person who was a candidate for nomination for any office of the Court of Justice in a primary and who, before the succeeding regular election, is declared by the final judgment of any court of competent jurisdiction to have violated, in the primary, any provision of KRS Chapter 121, or to be responsible for such violation by others, shall have his or her name placed on the ballot for any office to be voted for in the succeeding regular election. However, if such judgment is subsequently reversed prior to the time of printing of the ballots, the candidate’s name shall be restored on the ballot.
  2. A judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate or a nominee for any elected office during the five (5) year term prescribed in KRS 21.580 (1)(a)1., regardless of the number of days served by the judge acting as a Senior Status Special Judge.

History. Enact. Acts 1976, ch. 54, § 8, effective March 10, 1976; 2013, ch. 66, § 9, effective June 25, 2013.

118A.090. Determination of order of names on ballot for regular election — Secretary of State’s duties — Ballot labels — Ballot position unalterable — District, circuit, or numbered division candidate with most votes elected.

  1. For the regular election, the order of names on the ballot for each district or circuit, and numbered division if divisions exist, shall be determined by lot at a public drawing to be held in the office of the Secretary of State at 2 p.m., standard time, on the Thursday following the first Tuesday after the first Monday in June preceding the regular election, except as provided in KRS 118A.100(6)..
  2. Not later than the date set forth in KRS 118.215(1)(b) after the filing deadline for the regular election in a year in which there is no election for President and Vice President of the United States, or not later than the date set forth in KRS 118.215(1)(c) preceding a regular election in a year in which there is an election for President and Vice President of the United States, and after the order of names on the ballot has been determined as required in subsection (1) of this section, the Secretary of State shall:
    1. Certify to the county clerks of the respective counties entitled to participate in the election of the various candidates, the name and place of residence of each candidate for each office, by district or circuit, and numbered division if divisions exist, as certified under KRS 118A.060 ; and
    2. Designate for the county clerks the office of the Court of Justice with which the names of candidates shall be printed and the order in which they are to appear on the ballot.
  3. The ballot position of a candidate shall not be changed after the ballot position has been designated by the Secretary of State. The county clerks of each county shall cause to be printed on the ballot labels for the voting machines and on the special ballots for the regular elections the names of the candidates for offices of the Court of Justice.
  4. The names of the candidates shall be placed on the voting machine in a separate column or columns or in a separate line or lines and identified by the words “Judicial Ballot,” and in such a manner that the casting of a vote for all of the candidates of a political party will not operate to cast a vote for judicial candidates. The words “Vote for one” or “Vote for one in each division,” shall be printed on the ballot in an appropriate location. The office, numbered division thereof if divisions exist, and the candidates therefor shall be clearly labeled. No party designation or emblem of any kind, nor any sign indicating any candidate’s political belief or party affiliation, shall be used on voting machines or special ballots.
  5. The candidate receiving the highest number of votes cast at the regular election for a district or circuit, or for a numbered division thereof if divisions exist, shall be elected.

History. Enact. Acts 1976, ch. 54, § 9, effective March 10, 1976; 1976 (Ex. Sess.), ch. 1, § 12; 1984, ch. 185, § 26, effective July 13, 1984; 1986, ch. 470, § 38, effective July 15, 1986; 1990, ch. 48, § 61, effective July 13, 1990; 1992, ch. 296, § 19, effective July 14, 1992; 1996, ch. 195, § 19, effective July 15, 1996; 1998, ch. 2, § 11, effective July 15, 1998; 2008, ch. 79, § 16, effective July 15, 2008; 2018 ch. 162, § 5, effective November 7, 2018.

Compiler’s Notes.

For this section as effective until November 7, 2018, see the bound volume.

Legislative Research Commission Note.

(2/12/2018). In subsection (2) of this statute, a reference to “KRS 118.215 (1)(c)” has been changed to read “KRS 118.215 (1)(b),” and a reference to “KRS 118.215(1)(d)” has been changed to read “KRS 118.215(1)(c).” When KRS 118.215 was amended in 2008 Ky. Acts ch. 129, sec. 8, the paragraphs in subsection (1) of that statute were renumbered, but this statute was not included in that Act to also conform the citations to the paragraphs of KRS 118.215(1) in this statute. The Reviser of Statutes has made the conforming change under the authority of KRS 7.135.

NOTES TO DECISIONS

1. Basis for Separate Judicial Ballot.

Because of the distinct qualifications, responsibilities and duties required of judicial officers separate from political affiliation, a valid basis exists for providing a separate judicial ballot. Mann v. Cornett, 445 S.W.2d 853, 1969 Ky. LEXIS 185 ( Ky. 1969 ) (decided under prior law).

Opinions of Attorney General.

Only the name of each judicial candidate and not the candidate’s address is required to be listed on the November ballot. OAG 77-552 .

118A.100. Filling vacancy for unexpired term — Filling nomination when nominees unavailable — Ineligibility of Senior Status Special Judge.

  1. Candidates for an unexpired term of a judicial office to be filled at a regular election shall be nominated at the primary next preceding the regular election in the manner prescribed in KRS 118A.060 if the vacancy occurs not later than the second Friday in December preceding the primary. If the vacancy occurs on or after that date, the election to fill the unexpired term shall be held in accordance with the procedures described in this section and Section 152 of the Constitution of Kentucky.
  2. If in a regular election for judicial office no candidates nominated as provided in KRS 118A.060 are available due to death, incapacity, or withdrawal, and the candidates have not been replaced as provided in KRS 118A.060 , the election to fill the regular term shall be conducted in the manner prescribed in subsections (3) through (11) of this section.
  3. Each candidate shall file a petition for nomination with the Secretary of State not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the election for the unexpired term will be held and not later than the first Tuesday after the first Monday in June preceding the day fixed by law for holding the regular election for the unexpired term, if the vacancy occurs prior to the first Tuesday following the first Monday in June. If the vacancy occurs after the first Tuesday following the first Monday in June, each candidate shall file a petition for nomination with the Secretary of State not later than the second Tuesday in August preceding the day fixed by law for holding the regular election for the unexpired term. The petition shall be sworn to by the candidate and by not less than two (2) registered voters from the district or circuit from which he or she seeks nomination, before an officer authorized to administer an oath. Signatures for nomination papers shall not be affixed on the document to be filed prior to the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot. The petition shall be filed no later than 4p.m. local time at the place of filing when filed on the last date on which the papers are permitted to be filed.
  4. The petition for nomination shall be in the form prescribed by the State Board of Elections. The petition shall include a declaration sworn to by the candidate, that he or she possesses all the constitutional and statutory requirements of the office for which the candidate has filed. Titles, ranks, or spurious phrases shall not be accepted on the petition and shall not be printed on the ballots as part of the candidate’s name; however, nicknames, initials, and contractions of given names may be acceptable as the candidate’s name.
  5. The Secretary of State shall examine the petition of each candidate to determine whether it is regular on its face. If there is an error, the Secretary of State shall notify the candidate by certified mail within twenty-four (24) hours of filing.
  6. The order of names on the ballot for each district or circuit, and numbered division if divisions exist, shall be determined by lot at a public drawing to be held in the office of the Secretary of State at 2 p.m., standard time, on the Thursday following the first Tuesday after the first Monday in June preceding the regular election for those petitions for nomination required to be filed no later than the first Tuesday following the first Monday in June. For those petitions for nomination required to be filed no later than the second Tuesday in August, the order of names on the ballot for each district and circuit, and numbered division if divisions exist, shall be determined by lot at a public drawing to be held in the office of the Secretary of State at 2 p.m., standard time, on the Thursday following the second Tuesday in August preceding the regular election.
  7. Not later than the date set forth in KRS 118.215 and after the order of names on the ballot has been determined as required in subsection (6) of this section, the Secretary of State shall:
    1. Certify to the county clerks of the respective counties entitled to participate in the election of the various candidates, the name and place of residence of each candidate for each office, by district or circuit, and numbered division if divisions exist, as specified in the petitions for nomination filed with the Secretary of State; and
    2. Designate for the county clerks the office of the Court of Justice with which the names of candidates shall be printed and the order in which they are to appear on the ballot.
  8. The ballot position of a candidate shall not be changed after the ballot position has been designated by the county clerk.
  9. The county clerks of each county shall cause to be printed on the ballot labels for the voting machines and on the absentee ballots for the regular election the names of the candidates for offices of the Court of Justice.
  10. The names of the candidates shall be placed on the voting machine in a separate column or columns or in a separate line or lines and identified by the words “Judicial Ballot,” and in a manner so that the casting of a vote for all of the candidates of a political party will not operate to cast a vote for judicial candidates. The words “Vote for one” or “Vote for one in each division,” shall be printed on the appropriate location. The office, numbered division if divisions exist, and the candidates therefor shall be clearly labeled. No party designation or emblem of any kind, nor any sign indicating any candidate’s political belief or party affiliation, shall be used on voting machines or special ballots.
  11. The candidate receiving the highest number of votes cast at the regular election for a district or circuit, or for a numbered division if divisions exist, shall be elected.
  12. A judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate or a nominee for any elected office during the five (5) year term prescribed in KRS 21.580 (1)(a)1., regardless of the number of days served by the judge acting as a Senior Status Special Judge.

History. Enact. Acts 1976, ch. 54, § 10, effective March 10, 1976; 1976 (Ex. Sess.), ch. 1, § 13; 1982, ch. 394, § 34, effective July 15, 1982; 1982, ch. 449, § 14, effective July 15, 1982; 1984, ch. 185, § 27, effective July 13, 1984; 1986, ch. 185, § 4, effective January 1, 1987; 1986, ch. 470, § 39, effective July 15, 1986; 1990, ch. 48, § 62, effective July 13, 1990; 1992, ch. 296, § 20, effective July 14, 1992; 1996, ch. 195, § 20, effective July 15, 1996; 1998, ch. 2, § 12, effective July 15, 1998; 2010, ch. 123, § 9, effective July 15, 2010; 2013, ch. 66, § 8, effective June 25, 2013; 2018 ch. 162, § 6, effective November 7, 2018; 2019 ch. 187, § 12, effective November 6, 2019.

NOTES TO DECISIONS

Cited:

Peers v. Davis, 573 S.W.2d 331, 1978 Ky. LEXIS 405 ( Ky. 1978 ).

Opinions of Attorney General.

Section 152 of the Constitution applies to all vacancies in elective offices except as otherwise provided in the Constitution; thus where a Circuit Judge resigned and a replacement to fill the vacancy was appointed on February 9, 1978, a candidate for the unexpired term must run in the November 1979 election. OAG 78-194 .

The 120-day filing deadline established in KRS 118.165 , 118.365 and 118A.060 was meant to uniformly apply to all filing deadlines, except those for municipal offices, and therefore by implication applies to candidates seeking unexpired terms under the provisions of this section and KRS 118.115 and 118.375 . OAG 89-5 .

118A.105. Filling vacancy where only one nominee in race. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1982, ch. 394, § 2, effective July 15, 1982) was repealed by Acts 1992, ch. 454, § 2, effective July 14, 1992.

118A.110. Initial election of judges to Court of Appeals. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 54, § 11, effective March 10, 1976; 1982, ch. 449, § 15, effective July 15, 1982; 1984, ch. 185, § 28, effective July 13, 1984) was repealed by Acts 1992, ch. 454, § 2, effective July 14, 1992.

118A.120. Publication and posting of names of certified candidates. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 54, § 12, effective March 10, 1976) was repealed by Acts 2003, ch. 88, § 2, effective June 24, 2003.

118A.130. Candidate’s name to appear but once.

No judicial candidate’s name shall appear on any voting machine or absentee ballot more than once.

History. Enact. Acts 1976, ch. 54, § 13, effective March 10, 1976; 1992, ch. 296, § 21, effective July 14, 1992.

118A.140. Register of candidates.

  1. The  Secretary of State shall keep a book entitled “Register of Candidates  for Nomination to Offices of the Court of Justice,” and shall enter  in that book the name and place of residence of each candidate for nomination  to the office of justice or judge in the primary election and the date of  receipt of his nomination papers. The book shall be a public record.
  2. Petitions  for candidacy filed pursuant to KRS 118A.100 shall also be entered in this  book.

History. Enact. Acts 1976, ch. 54, § 14, effective March 10, 1976.

Legislative Research Commission Note.

(1/13/93). Pursuant to KRS 7.136(1)(e), the prior reference to KRS 118A.110 which appeared in subsection (2) of this statute has been deleted because of the repeal of KRS 118A.110 by 1992 Ky. Acts ch. 454, sec. 2, effective July 14, 1992.

118A.150. Certification of candidates — Ballot labels — Effect of death or withdrawal of candidate — Penalty.

  1. In  certification of candidates for judicial office, no reference shall be made  to political affiliation.
  2. The  Secretary of State shall not knowingly certify to the county clerk of any  county the name of any candidate who has not filed the required nomination  or candidacy papers, nor knowingly fail to certify the name of any candidate  who has filed the required nomination or candidacy papers.
  3. No  county clerk shall knowingly cause to be printed on the ballot labels or absentee  ballots for any election, the name of a candidate for an office of the Court  of Justice who has not been certified in the manner specified in this chapter.
  4. If,  before the time of certification of candidates who will appear on the ballot  provided for in this chapter, any candidate whose petition or certificate  of nomination or petition for candidacy has been filed, dies or notifies the  Secretary of State in writing, signed and properly notarized, that he will  not accept the nomination or election, the Secretary of State shall not certify  his name.
  5. If,  after the certification of candidates who will appear on the ballot, any candidate  whose petition or certificate of nomination or petition for candidacy has  been filed, dies or notifies the Secretary of State in the manner described  in subsection (4) of this section, that he will not accept the nomination  or election, the Secretary of State shall immediately notify the appropriate  county clerk, and the clerk shall ensure that notice is provided to the appropriate  precincts as provided in subsection (7) of this section.
  6. If  after the certification of candidates who will appear on the ballot, any candidate  whose name appears on the ballot shall withdraw or die, neither the precinct  election officers nor the county board of elections shall tabulate or record  the votes cast for the candidate; and, in a primary election, if there are  only one (1) or two (2) remaining candidates on the ballot for that office,  following the withdrawal or death of the other candidate or candidates, neither  the precinct election officers nor the county board of elections shall tabulate  or record the votes for the remaining candidate or candidates, and the officer  with whom the remaining candidate or candidates has filed his or her nomination  papers shall immediately issue and file in his or her office a certificate  of nomination for that remaining candidate or candidates and send a copy to  the remaining candidate or candidates.
  7. If,  after the certification of candidates who will appear on the ballot, any candidate  whose name appears on the ballot shall withdraw pursuant to KRS 118.212 or  die, the county clerk shall provide notices to the precinct election officers  who shall see that a notice is conspicuously displayed at the polling place  advising voters of the change, and that votes for the candidate shall not  be tabulated or recorded. If the county clerk learns of the death or withdrawal  at least five (5) days prior to the election and provides the notices required  by this subsection and the precinct officers fail to post the notices at the  polling place, the officers shall be guilty of a violation, subject to a fine  of not less than ten dollars ($10) nor more than two hundred fifty dollars  ($250).

History. Enact. Acts 1976, ch. 54, § 15, effective March 10, 1976; 1986, ch. 470, § 40, effective July 15, 1986; 1990, ch. 48, § 63, effective July 13, 1990; 1998, ch. 2, § 13, effective July 15, 1998; 2003, ch. 101, § 4, effective June 24, 2003.

NOTES TO DECISIONS

1. Death of candidate.

Candidate, who was the third-place primary election candidate, was not entitled to appear on the general election ballot for a district court judge when the first-place primary election candidate died after the primary election votes were cast but before the certification of the results by the county board of elections because certificates of nomination were directed only to the two candidates receiving the most votes in a primary election. Ky. State Bd. of Elections v. Faulkner, 591 S.W.3d 398, 2018 Ky. LEXIS 525 ( Ky. 2018 ).

118A.160. Hours for filing — Inspection.

All nomination or candidacy papers filed under this chapter shall during normal business hours be subject to inspection by any person.

History. Enact. Acts 1976, ch. 54, § 16, effective March 10, 1976.

118A.170. Ballot labels. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 54, § 17, effective March 10, 1976) was repealed by Acts 1986, ch. 470, § 43, effective July 15, 1986.

118A.180. Preservation of petitions and certificates. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 54, § 18, effective March 10, 1976) was repealed by Acts 1988, ch. 341, § 50, effective July 15, 1988.

118A.190. Issuance of certificates by State Board of Elections — Tie votes.

  1. The State Board of Elections shall issue certificates of nomination or election for all primary and regular elections as provided in this section.
  2. Following a primary or regular election, the board of elections of each county shall make out duplicate certificates of the total number of votes received by each candidate, by circuit or district, and numbered division thereof if divisions exist. The certificate of the total number of votes shall be certified to the Secretary of State’s Office not later than 12 noon, prevailing time, on the Friday following the primary or regular election. The clerk shall keep one (1) of the certificates in his or her office and, within three (3) days of their receipt from the board, shall forward the other certificate by mail to the Secretary of State who shall deliver it to the State Board of Elections.
  3. The State Board of Elections shall meet to count and tabulate the votes received by the different candidates as certified to the Secretary of State no later than the third Monday after the primary or regular election. When the board certifies the results of a primary or regular election, the right to contest the election or primary shall not be impaired. A majority of the members of the board shall constitute a quorum and may act. The board shall prepare the certificates of nomination or election in the office of the board, from the returns made. The certificates shall be in writing and in duplicate, and shall be signed by the board members. The board shall forward the original certificate, by mail, to the nominated or elected candidate, unless he or she has failed to comply with KRS Chapter 121. The duplicate shall be retained in the office of the board.
  4. Certificates of nomination for a judicial office shall be issued to the two (2) candidates receiving the highest number of votes, except that if more than two (2) candidates are found to have received the highest and an equal number of votes for the same office or if two (2) or more candidates are found to have received the second highest and an equal number of votes for the same office, the election shall be determined by lot in the manner the board directs, in the presence of not less than three (3) other persons.
  5. The certificate of election for a judicial office shall be issued to the candidate receiving the highest number of votes, except that if two (2) or more candidates are found to have received the highest and an equal number of votes for the same office, the election shall be determined by lot in the manner the board directs, in the presence of not less than three (3) other persons.

History. Enact. Acts 1976, ch. 54, § 19, effective March 10, 1976; 1978, ch. 318, § 11, effective June 17, 1978; 1986, ch. 470, § 41, effective July 15, 1986; 2010, ch. 123, § 10, effective July 15, 2010.

NOTES TO DECISIONS

1. Death of candidate.

Candidate, who was the third-place primary election candidate, was not entitled to appear on the general election ballot for a district court judge when the first-place primary election candidate died after the primary election votes were cast but before the certification of the results by the county board of elections because certificates of nomination were directed only to the two candidates receiving the most votes in a primary election. Ky. State Bd. of Elections v. Faulkner, 591 S.W.3d 398, 2018 Ky. LEXIS 525 ( Ky. 2018 ).

Penalties

118A.990. Penalty.

Any person who violates any of the provisions of this chapter or who fails to perform his duties in the manner specified in this chapter shall be guilty of a Class A misdemeanor.

History. Enact. Acts 1976, ch. 54, § 29, effective March 10, 1976.

Research References and Practice Aids

Cross-References.

Class A misdemeanor, fines, KRS 534.040 .

Class A misdemeanor, term of imprisonment, KRS 532.090 .

CHAPTER 118B Districts for United States House of Representatives

Generalities

118B.010. 2012 redistricting — Explanation of sources — Official maps.

For the purpose of this chapter:

  1. The boundaries of the congressional districts created by this chapter shall be those shown on the maps generated by the Legislative Research Commission’s geographic information system to accompany the redistricting plan enacted into law. The official copies of these maps shall be on file with the State Board of Elections. A duplicate set of maps and associated population information shall be retained by the Legislative Research Commission.
    1. Designated precincts are those precincts in existence on July 15, 2010. Precinct boundaries shown in the maps referred to in subsection (1) of this section are taken from county precinct maps and verified and corrected by the Legislative Research Commission staff in consultation with county election officials. (2) (a) Designated precincts are those precincts in existence on July 15, 2010. Precinct boundaries shown in the maps referred to in subsection (1) of this section are taken from county precinct maps and verified and corrected by the Legislative Research Commission staff in consultation with county election officials.
    2. Census tracts and blocks shown in the maps referred to in subsection (1) of this section are those utilized for the making of the 2010 United States Census.
    3. Population data utilized for redistricting is the 2010 United States Census Pub. L. 94-171 population data that was deemed to be official by the United States Secretary of Commerce on or before July 15, 2011, and election precinct population data prepared by the Legislative Research Commission staff from the official Pub. L. 94-171 population data.

History. Enact. Acts 1991 (2nd Ex. Sess.), ch. 4, § 8, effective December 20, 1991; 2002, ch. 1, § 145, effective January 31, 2002; 2012, ch. 3, § 7, effective February 10, 2012.

Compiler’s Notes.

Pub. L. 94-171 referred to in subsection (2)(c) of this section is compiled as 13 USCS, § 141.

Congressional Districts

118B.100. Division of Commonwealth into congressional districts.

The Commonwealth of Kentucky is divided into six (6) congressional districts as provided by KRS 118B.110 to 118B.160 .

History. Enact. Acts 1991 (2nd Ex. Sess.), ch. 4, § 7, effective December 20, 1991.

NOTES TO DECISIONS

1. Jurisdiction of State Court.

Kentucky courts had no jurisdiction of an action by a candidate for Congress which was in effect a contest of the election for congressmen, since exclusive jurisdiction to pass on such contests is vested in the House of Representatives. Burchell v. State Bd. of Election Comm'rs, 252 Ky. 823 , 68 S.W.2d 427, 1934 Ky. LEXIS 869 ( Ky. 1934 ) (decided under prior law).

2. Res Adjudicata.

Judgment concerning constitutionality of redistricting act, in action in which secretary of state and all candidates for nomination to House of Representatives were parties, was res adjudicata in subsequent action by one candidate against secretary of state. Newhall v. Mahan, 245 Ky. 626 , 54 S.W.2d 26, 1932 Ky. LEXIS 655 ( Ky. 1932 ). See Russell v. Mahan, 245 Ky. 699 , 54 S.W.2d 32, 1932 Ky. LEXIS 659 ( Ky. 1932 ) (decided under prior law).

118B.110. First Congressional District.

The First Congressional District shall consist of the following territory:

COUNTY PREC NAME —CENSUS— SECT TRACT BLK ADAIR ALLEN BALLARD CALDWELL CALLOWAY CARLISLE CASEY CHRISTIAN CLINTON CRITTENDEN CUMBERLAND FULTON GRAVES HENDERSON HICKMAN HOPKINS LIVINGSTON LOGAN LYON MARION MARSHALL MCCRACKEN MCLEAN METCALFE MONROE MUHLENBERG OHIO RUSSELL SIMPSON TAYLOR TODD TRIGG UNION WASHINGTON C103 POTTSVILLE 930300 2017 0404 WASHINGTON C103 POTTSVILLE 930300 2027 0102 WASHINGTON C103 POTTSVILLE 930300 2031 WASHINGTON C103 POTTSVILLE 930300 2032 WASHINGTON C103 POTTSVILLE 930300 2033 WASHINGTON C103 POTTSVILLE 930300 2034 0202 WASHINGTON C103 POTTSVILLE 930300 2035 WASHINGTON C103 POTTSVILLE 930300 2036 0102 WASHINGTON C103 POTTSVILLE 930300 2037 WASHINGTON C103 POTTSVILLE 930300 2038 WASHINGTON C103 POTTSVILLE 930300 2039 WASHINGTON C103 POTTSVILLE 930300 2040 WASHINGTON C103 POTTSVILLE 930300 2041 WASHINGTON C103 POTTSVILLE 930300 2042 WASHINGTON C103 POTTSVILLE 930300 2043 WASHINGTON C103 POTTSVILLE 930300 2044 WASHINGTON C103 POTTSVILLE 930300 2045 WASHINGTON C103 POTTSVILLE 930300 2046 WASHINGTON C103 POTTSVILLE 930300 2051 WASHINGTON C103 POTTSVILLE 930300 2052 WASHINGTON C103 POTTSVILLE 930300 2053 WASHINGTON C103 POTTSVILLE 930300 2054 WASHINGTON C103 POTTSVILLE 930300 2055 WASHINGTON C103 POTTSVILLE 930300 2056 WASHINGTON C103 POTTSVILLE 930300 2057 WASHINGTON C103 POTTSVILLE 930300 2058 WASHINGTON C103 POTTSVILLE 930300 2059 WASHINGTON C103 POTTSVILLE 930300 2060 WASHINGTON C103 POTTSVILLE 930300 2061 WASHINGTON C103 POTTSVILLE 930300 2062 WASHINGTON C103 POTTSVILLE 930300 2063 WASHINGTON C103 POTTSVILLE 930300 2064 WASHINGTON C103 POTTSVILLE 930300 2065 WASHINGTON C103 POTTSVILLE 930300 2066 WASHINGTON C103 POTTSVILLE 930300 2069 0202 WASHINGTON C103 POTTSVILLE 930300 2070 WASHINGTON C103 POTTSVILLE 930300 2072 WASHINGTON C103 POTTSVILLE 930300 2076 WASHINGTON C103 POTTSVILLE 930300 2079 WASHINGTON C103 POTTSVILLE 930300 2080 WASHINGTON C103 POTTSVILLE 930300 2081 WASHINGTON C103 POTTSVILLE 930300 2082 WASHINGTON C103 POTTSVILLE 930300 2083 WASHINGTON C103 POTTSVILLE 930300 2084 WASHINGTON C103 POTTSVILLE 930300 2085 WASHINGTON C103 POTTSVILLE 930300 2086 WASHINGTON C103 POTTSVILLE 930300 2087 WASHINGTON C103 POTTSVILLE 930300 2088 WASHINGTON C103 POTTSVILLE 930300 2089 WASHINGTON C103 POTTSVILLE 930300 2090 WASHINGTON C103 POTTSVILLE 930300 2091 WASHINGTON C103 POTTSVILLE 930300 2092 WASHINGTON C103 POTTSVILLE 930300 2093 WEBSTER

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History. Enact. Acts 1991 (2nd Ex. Sess.), ch. 4, § 1, effective December 20, 1991; 1994, ch. 497, § 4, effective November 9, 1994; repealed and reenact., Acts 2002, ch. 1, § 139, effective January 31, 2002; repealed and reenact., Acts 2012, ch. 3, § 1, effective February 10, 2012.

118B.120. Second Congressional District.

The Second Congressional District shall consist of the following territory:

COUNTY PREC NAME —CENSUS— SECT TRACT BLK BARREN BOYLE BRECKINRIDGE BULLITT BUTLER DAVIESS EDMONSON GARRARD GRAYSON GREEN HANCOCK HARDIN HART JESSAMINE D101 NORTHEAST WILMORE #2 060400 1021 JESSAMINE D101 NORTHEAST WILMORE #2 060400 1022 JESSAMINE D101 NORTHEAST WILMORE #2 060400 1024 JESSAMINE D101 NORTHEAST WILMORE #2 060400 1025 JESSAMINE D101 NORTHEAST WILMORE #2 060400 1026 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5021 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5022 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5023 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5027 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5028 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5029 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5030 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5031 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5032 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5033 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5041 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5042 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5043 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5044 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5045 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5046 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5047 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5048 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5049 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5050 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5051 JESSAMINE D102 NORTHEAST WILMORE #1 060400 1003 JESSAMINE D102 NORTHEAST WILMORE #1 060400 1005 JESSAMINE D102 NORTHEAST WILMORE #1 060400 1007 JESSAMINE D102 NORTHEAST WILMORE #1 060400 1008 JESSAMINE D102 NORTHEAST WILMORE #1 060400 1009 JESSAMINE D102 NORTHEAST WILMORE #1 060400 1010 JESSAMINE D102 NORTHEAST WILMORE #1 060400 1011 JESSAMINE D102 NORTHEAST WILMORE #1 060400 1012 JESSAMINE D102 NORTHEAST WILMORE #1 060400 1013 JESSAMINE D102 NORTHEAST WILMORE #1 060400 1014 JESSAMINE D102 NORTHEAST WILMORE #1 060400 1015 JESSAMINE D102 NORTHEAST WILMORE #1 060400 1016 JESSAMINE D102 NORTHEAST WILMORE #1 060400 1023 0202 JESSAMINE D102 NORTHEAST WILMORE #1 060400 1027 JESSAMINE D102 NORTHEAST WILMORE #1 060400 1028 JESSAMINE D102 NORTHEAST WILMORE #1 060400 1029 JESSAMINE D102 NORTHEAST WILMORE #1 060400 1030 JESSAMINE D102 NORTHEAST WILMORE #1 060400 5003 JESSAMINE D102 NORTHEAST WILMORE #1 060400 5004 JESSAMINE D102 NORTHEAST WILMORE #1 060400 5024 JESSAMINE D102 NORTHEAST WILMORE #1 060400 5025 JESSAMINE D102 NORTHEAST WILMORE #1 060400 5026 JESSAMINE D104 NORTHWEST WILMORE #2 JESSAMINE D105 HIGH BRIDGE 060400 3000 0102 JESSAMINE D105 HIGH BRIDGE 060400 3001 JESSAMINE D105 HIGH BRIDGE 060400 3002 JESSAMINE D105 HIGH BRIDGE 060400 3003 JESSAMINE D105 HIGH BRIDGE 060400 3004 JESSAMINE D105 HIGH BRIDGE 060400 3005 JESSAMINE D105 HIGH BRIDGE 060400 3009 JESSAMINE D105 HIGH BRIDGE 060400 3010 JESSAMINE D105 HIGH BRIDGE 060400 3011 JESSAMINE D105 HIGH BRIDGE 060400 3012 JESSAMINE D105 HIGH BRIDGE 060400 3013 JESSAMINE D105 HIGH BRIDGE 060400 3014 JESSAMINE D105 HIGH BRIDGE 060400 3015 JESSAMINE D105 HIGH BRIDGE 060400 3016 JESSAMINE D105 HIGH BRIDGE 060400 4007 0103 JESSAMINE D105 HIGH BRIDGE 060400 4008 JESSAMINE D105 HIGH BRIDGE 060400 4009 JESSAMINE D105 HIGH BRIDGE 060400 4013 JESSAMINE D105 HIGH BRIDGE 060400 4014 JESSAMINE D105 HIGH BRIDGE 060400 4015 0102 JESSAMINE D105 HIGH BRIDGE 060400 4021 0102 JESSAMINE D105 HIGH BRIDGE 060400 4026 0102 JESSAMINE D105 HIGH BRIDGE 060400 4027 JESSAMINE D106 SOUTH WILMORE JESSAMINE E101 NORTH KEENE 060600 2003 0202 JESSAMINE E101 NORTH KEENE 060600 3000 JESSAMINE E101 NORTH KEENE 060600 3001 JESSAMINE E101 NORTH KEENE 060600 3002 JESSAMINE E101 NORTH KEENE 060600 3003 JESSAMINE E101 NORTH KEENE 060600 3004 JESSAMINE E101 NORTH KEENE 060600 3005 JESSAMINE E101 NORTH KEENE 060600 3006 JESSAMINE E101 NORTH KEENE 060600 3007 JESSAMINE E101 NORTH KEENE 060600 3008 JESSAMINE E101 NORTH KEENE 060600 3009 JESSAMINE E101 NORTH KEENE 060600 3010 JESSAMINE E101 NORTH KEENE 060600 3011 JESSAMINE E101 NORTH KEENE 060600 3012 JESSAMINE E101 NORTH KEENE 060600 3013 JESSAMINE E101 NORTH KEENE 060600 3014 JESSAMINE E101 NORTH KEENE 060600 3015 JESSAMINE E101 NORTH KEENE 060600 3016 JESSAMINE E101 NORTH KEENE 060600 3017 JESSAMINE E101 NORTH KEENE 060600 3018 JESSAMINE E101 NORTH KEENE 060600 3019 JESSAMINE E101 NORTH KEENE 060600 3020 JESSAMINE E101 NORTH KEENE 060600 3021 JESSAMINE E101 NORTH KEENE 060600 3022 0102 JESSAMINE E101 NORTH KEENE 060600 3038 JESSAMINE E102 SOUTH KEENE 060600 2010 JESSAMINE E102 SOUTH KEENE 060600 2011 JESSAMINE E102 SOUTH KEENE 060600 2012 0102 JESSAMINE E102 SOUTH KEENE 060600 2013 0202 JESSAMINE E102 SOUTH KEENE 060600 2014 JESSAMINE E102 SOUTH KEENE 060600 2015 JESSAMINE E102 SOUTH KEENE 060600 2016 JESSAMINE E102 SOUTH KEENE 060600 2017 JESSAMINE E102 SOUTH KEENE 060600 2018 JESSAMINE E102 SOUTH KEENE 060600 2019 JESSAMINE E102 SOUTH KEENE 060600 2020 JESSAMINE E102 SOUTH KEENE 060600 2021 JESSAMINE E102 SOUTH KEENE 060600 2022 JESSAMINE E102 SOUTH KEENE 060600 2023 JESSAMINE E102 SOUTH KEENE 060600 2024 JESSAMINE E102 SOUTH KEENE 060600 2025 JESSAMINE E102 SOUTH KEENE 060600 2035 JESSAMINE E102 SOUTH KEENE 060600 2043 JESSAMINE E102 SOUTH KEENE 060600 2044 JESSAMINE E102 SOUTH KEENE 060600 2045 JESSAMINE E102 SOUTH KEENE 060600 2046 JESSAMINE E102 SOUTH KEENE 060600 2047 JESSAMINE E102 SOUTH KEENE 060600 2048 JESSAMINE E102 SOUTH KEENE 060600 2049 JESSAMINE E102 SOUTH KEENE 060600 2050 JESSAMINE E102 SOUTH KEENE 060600 2052 0102 JESSAMINE E102 SOUTH KEENE 060600 3026 JESSAMINE E102 SOUTH KEENE 060600 3036 JESSAMINE E102 SOUTH KEENE 060600 3037 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1006 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1007 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1008 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1009 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1010 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1018 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1019 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1020 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1021 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1031 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1032 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1033 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 2000 0102 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 2002 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 2003 0102 JESSAMINE E104 NORTHWEST U.S.68 JESSAMINE E106 NORTHWEST WILMORE #1 JESSAMINE E107 NORTH WILMORE LARUE MEADE MERCER NELSON SPENCER B101 WATERFORD SPENCER D101 CAMPBRANCH 080200 3040 SPENCER D101 CAMPBRANCH 080200 3045 SPENCER D101 CAMPBRANCH 080200 3046 SPENCER D101 CAMPBRANCH 080200 3047 SPENCER D101 CAMPBRANCH 080200 3048 SPENCER D101 CAMPBRANCH 080200 3049 SPENCER D101 CAMPBRANCH 080200 3050 SPENCER D101 CAMPBRANCH 080200 3051 SPENCER D101 CAMPBRANCH 080200 3052 SPENCER D101 CAMPBRANCH 080200 3053 SPENCER D101 CAMPBRANCH 080200 3054 SPENCER D101 CAMPBRANCH 080200 3055 SPENCER D101 CAMPBRANCH 080200 3056 SPENCER D101 CAMPBRANCH 080200 3057 SPENCER D101 CAMPBRANCH 080200 3058 SPENCER D101 CAMPBRANCH 080200 3059 SPENCER D101 CAMPBRANCH 080200 3060 SPENCER D101 CAMPBRANCH 080200 3061 SPENCER D101 CAMPBRANCH 080200 3062 SPENCER D101 CAMPBRANCH 080200 3063 SPENCER D101 CAMPBRANCH 080200 3065 SPENCER D101 CAMPBRANCH 080200 3068 SPENCER D101 CAMPBRANCH 080200 3069 SPENCER D101 CAMPBRANCH 080200 3070 SPENCER D101 CAMPBRANCH 080200 3071 SPENCER D101 CAMPBRANCH 080200 3072 SPENCER D101 CAMPBRANCH 080200 3073 SPENCER D101 CAMPBRANCH 080200 3074 SPENCER D101 CAMPBRANCH 080200 3075 SPENCER D101 CAMPBRANCH 080200 3076 SPENCER D101 CAMPBRANCH 080200 3077 SPENCER D101 CAMPBRANCH 080200 3078 SPENCER D101 CAMPBRANCH 080200 3079 SPENCER D101 CAMPBRANCH 080200 3080 SPENCER D101 CAMPBRANCH 080200 3081 SPENCER D101 CAMPBRANCH 080200 3082 SPENCER D101 CAMPBRANCH 080200 3083 SPENCER D101 CAMPBRANCH 080200 3084 SPENCER D101 CAMPBRANCH 080200 3085 SPENCER D101 CAMPBRANCH 080200 3086 SPENCER D101 CAMPBRANCH 080200 3087 SPENCER D101 CAMPBRANCH 080200 3088 SPENCER D101 CAMPBRANCH 080200 3089 SPENCER D101 CAMPBRANCH 080200 3090 SPENCER D101 CAMPBRANCH 080200 3091 SPENCER D101 CAMPBRANCH 080200 3092 SPENCER D101 CAMPBRANCH 080200 3093 SPENCER D101 CAMPBRANCH 080200 3094 SPENCER D101 CAMPBRANCH 080200 3095 SPENCER D101 CAMPBRANCH 080200 3096 SPENCER D101 CAMPBRANCH 080200 3099 SPENCER D101 CAMPBRANCH 080200 3100 SPENCER D101 CAMPBRANCH 080200 3101 SPENCER D101 CAMPBRANCH 080200 3102 SPENCER D101 CAMPBRANCH 080200 3103 SPENCER D101 CAMPBRANCH 080200 3104 SPENCER D101 CAMPBRANCH 080200 3108 SPENCER D101 CAMPBRANCH 080200 3109 SPENCER D101 CAMPBRANCH 080200 3110 SPENCER D101 CAMPBRANCH 080200 3111 SPENCER D101 CAMPBRANCH 080200 3112 SPENCER D101 CAMPBRANCH 080200 3115 SPENCER D101 CAMPBRANCH 080200 3116 SPENCER D101 CAMPBRANCH 080200 3117 SPENCER D101 CAMPBRANCH 080200 3119 SPENCER D101 CAMPBRANCH 080200 3120 SPENCER D102 CAMPBRANCH #2 SPENCER D103 WATERFORD #9 SPENCER E102 MT. EDEN #7 WARREN WASHINGTON A101 MOORESVILLE WASHINGTON A102 BRUSH GROVE WASHINGTON A103 SHARPSVILLE WASHINGTON B101 WILLISBURG WASHINGTON B102 COURTHOUSE WASHINGTON C101 CARDWELL WASHINGTON C102 MACKVILLE WASHINGTON C103 POTTSVILLE 930300 2009 0102 WASHINGTON C103 POTTSVILLE 930300 2011 WASHINGTON C103 POTTSVILLE 930300 2013 0202 WASHINGTON C103 POTTSVILLE 930300 2014 WASHINGTON C103 POTTSVILLE 930300 2030 0102 WASHINGTON C103 POTTSVILLE 930300 2047 WASHINGTON C103 POTTSVILLE 930300 2048 WASHINGTON C103 POTTSVILLE 930300 2049 WASHINGTON C103 POTTSVILLE 930300 2050 WASHINGTON C103 POTTSVILLE 930300 2067 WASHINGTON C103 POTTSVILLE 930300 2071 WASHINGTON D101 HOUSING PROJECT WASHINGTON D102 HEALTH DEPT WASHINGTON E101 LIBRARY WASHINGTON E102 ARMORY WASHINGTON F101 FREDERICKTOWN WASHINGTON F102 CITY HALL

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History. Enact. Acts 1991 (2nd Ex. Sess.), ch. 4, § 2, effective December 20, 1991; 1994, ch. 497, § 5, effective November 9, 1994; repealed and reenact., Acts 2002, ch. 1, § 140, effective January 31, 2002; repealed and reenact., Acts 2012, ch. 3, § 2, effective February 10, 2012.

118B.130. Third Congressional District.

The Third Congressional District shall consist of the following territory:

COUNTY PREC NAME —CENSUS— SECT TRACT BLK JEFFERSON A105 PRECINCT 105 28 DISTRICT JEFFERSON A107 PRECINCT 107 28 DISTRICT JEFFERSON A108 PRECINCT 108 28 DISTRICT JEFFERSON A111 PRECINCT 111 28 DISTRICT JEFFERSON A113 PRECINCT 113 28 DISTRICT JEFFERSON A114 PRECINCT 114 28 DISTRICT JEFFERSON A115 PRECINCT 115 28 DISTRICT JEFFERSON A118 PRECINCT 118 28 DISTRICT JEFFERSON A119 PRECINCT 119 28 DISTRICT JEFFERSON A121 PRECINCT 121 28 DISTRICT JEFFERSON A122 PRECINCT 122 28 DISTRICT JEFFERSON A123 PRECINCT 123 28 DISTRICT JEFFERSON A124 PRECINCT 124 28 DISTRICT JEFFERSON A125 PRECINCT 125 28 DISTRICT JEFFERSON A126 PRECINCT 126 28 DISTRICT JEFFERSON A127 PRECINCT 127 28 DISTRICT JEFFERSON A128 PRECINCT 128 28 DISTRICT JEFFERSON A129 PRECINCT 129 28 DISTRICT JEFFERSON A130 PRECINCT 130 28 DISTRICT JEFFERSON A131 PRECINCT 131 28 DISTRICT JEFFERSON A134 PRECINCT 134 28 DISTRICT JEFFERSON A135 PRECINCT 135 28 DISTRICT JEFFERSON A136 PRECINCT 136 28 DISTRICT JEFFERSON A137 PRECINCT 137 28 DISTRICT JEFFERSON B119 PRECINCT 119 29 DISTRICT JEFFERSON B124 PRECINCT 124 29 DISTRICT JEFFERSON B125 PRECINCT 125 29 DISTRICT JEFFERSON B127 PRECINCT 127 29 DISTRICT JEFFERSON B130 PRECINCT 130 29 DISTRICT JEFFERSON B131 PRECINCT 131 29 DISTRICT JEFFERSON B132 PRECINCT 132 29 DISTRICT JEFFERSON B133 PRECINCT 133 29 DISTRICT JEFFERSON B134 PRECINCT 134 29 DISTRICT JEFFERSON B143 PRECINCT 143 29 DISTRICT JEFFERSON B149 PRECINCT 149 29 DISTRICT JEFFERSON B151 PRECINCT 151 29 DISTRICT JEFFERSON B152 PRECINCT 152 29 DISTRICT JEFFERSON B153 PRECINCT 153 29 DISTRICT JEFFERSON B154 PRECINCT 154 29 DISTRICT JEFFERSON B155 PRECINCT 155 29 DISTRICT JEFFERSON B156 PRECINCT 156 29 DISTRICT JEFFERSON B157 PRECINCT 157 29 DISTRICT JEFFERSON B158 PRECINCT 158 29 DISTRICT JEFFERSON B159 PRECINCT 159 29 DISTRICT JEFFERSON B160 PRECINCT 160 29 DISTRICT JEFFERSON B162 PRECINCT 162 29 DISTRICT JEFFERSON B163 PRECINCT 163 29 DISTRICT JEFFERSON B165 PRECINCT 165 29 DISTRICT 011102 1043 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011102 1051 JEFFERSON B166 PRECINCT 166 29 DISTRICT JEFFERSON B167 PRECINCT 167 29 DISTRICT JEFFERSON B168 PRECINCT 168 29 DISTRICT JEFFERSON B169 PRECINCT 169 29 DISTRICT JEFFERSON B170 PRECINCT 170 29 DISTRICT JEFFERSON B171 PRECINCT 171 29 DISTRICT JEFFERSON B172 PRECINCT 172 29 DISTRICT JEFFERSON B173 PRECINCT 173 29 DISTRICT JEFFERSON B175 PRECINCT 175 29 DISTRICT JEFFERSON B177 PRECINCT 177 29 DISTRICT JEFFERSON C101 PRECINCT 101 30 DISTRICT JEFFERSON C102 PRECINCT 102 30 DISTRICT JEFFERSON C103 PRECINCT 103 30 DISTRICT JEFFERSON C104 PRECINCT 104 30 DISTRICT JEFFERSON C105 PRECINCT 105 30 DISTRICT JEFFERSON C106 PRECINCT 106 30 DISTRICT JEFFERSON C108 PRECINCT 108 30 DISTRICT JEFFERSON C109 PRECINCT 109 30 DISTRICT JEFFERSON C110 PRECINCT 110 30 DISTRICT JEFFERSON C111 PRECINCT 111 30 DISTRICT JEFFERSON C113 PRECINCT 113 30 DISTRICT JEFFERSON C115 PRECINCT 115 30 DISTRICT JEFFERSON C122 PRECINCT 122 30 DISTRICT JEFFERSON C123 PRECINCT 123 30 DISTRICT JEFFERSON C124 PRECINCT 124 30 DISTRICT JEFFERSON C125 PRECINCT 125 30 DISTRICT JEFFERSON C126 PRECINCT 126 30 DISTRICT JEFFERSON C128 PRECINCT 128 30 DISTRICT JEFFERSON C129 PRECINCT 129 30 DISTRICT JEFFERSON C130 PRECINCT 130 30 DISTRICT JEFFERSON C131 PRECINCT 131 30 DISTRICT JEFFERSON C133 PRECINCT 133 30 DISTRICT JEFFERSON C134 PRECINCT 134 30 DISTRICT JEFFERSON C135 PRECINCT 135 30 DISTRICT JEFFERSON C136 PRECINCT 136 30 DISTRICT JEFFERSON C137 PRECINCT 137 30 DISTRICT JEFFERSON C138 PRECINCT 138 30 DISTRICT JEFFERSON C139 PRECINCT 139 30 DISTRICT JEFFERSON C140 PRECINCT 140 30 DISTRICT JEFFERSON C141 PRECINCT 141 30 DISTRICT JEFFERSON C142 PRECINCT 142 30 DISTRICT JEFFERSON D101 PRECINCT 101 31 DISTRICT JEFFERSON D104 PRECINCT 104 31 DISTRICT JEFFERSON D106 PRECINCT 106 31 DISTRICT JEFFERSON D108 PRECINCT 108 31 DISTRICT JEFFERSON D109 PRECINCT 109 31 DISTRICT JEFFERSON D110 PRECINCT 110 31 DISTRICT JEFFERSON D113 PRECINCT 113 31 DISTRICT JEFFERSON D114 PRECINCT 114 31 DISTRICT JEFFERSON D115 PRECINCT 115 31 DISTRICT JEFFERSON D116 PRECINCT 116 31 DISTRICT JEFFERSON D117 PRECINCT 117 31 DISTRICT JEFFERSON D120 PRECINCT 120 31 DISTRICT JEFFERSON D121 PRECINCT 121 31 DISTRICT JEFFERSON D122 PRECINCT 122 31 DISTRICT JEFFERSON D126 PRECINCT 126 31 DISTRICT JEFFERSON D129 PRECINCT 129 31 DISTRICT JEFFERSON D130 PRECINCT 130 31 DISTRICT JEFFERSON D131 PRECINCT 131 31 DISTRICT JEFFERSON D132 PRECINCT 132 31 DISTRICT JEFFERSON D135 PRECINCT 135 31 DISTRICT JEFFERSON D136 PRECINCT 136 31 DISTRICT JEFFERSON D137 PRECINCT 137 31 DISTRICT JEFFERSON D138 PRECINCT 138 31 DISTRICT JEFFERSON D139 PRECINCT 139 31 DISTRICT JEFFERSON D140 PRECINCT 140 31 DISTRICT JEFFERSON D141 PRECINCT 141 31 DISTRICT JEFFERSON D142 PRECINCT 142 31 DISTRICT JEFFERSON D143 PRECINCT 143 31 DISTRICT JEFFERSON E107 PRECINCT 107 32 DISTRICT JEFFERSON E139 PRECINCT 139 32 DISTRICT JEFFERSON E141 PRECINCT 141 32 DISTRICT JEFFERSON E142 PRECINCT 142 32 DISTRICT JEFFERSON E143 PRECINCT 143 32 DISTRICT JEFFERSON E144 PRECINCT 144 32 DISTRICT JEFFERSON E145 PRECINCT 145 32 DISTRICT JEFFERSON E147 PRECINCT 147 32 DISTRICT JEFFERSON E148 PRECINCT 148 32 DISTRICT JEFFERSON E149 PRECINCT 149 32 DISTRICT JEFFERSON E150 PRECINCT 150 32 DISTRICT JEFFERSON E151 PRECINCT 151 32 DISTRICT JEFFERSON E152 PRECINCT 152 32 DISTRICT JEFFERSON E154 PRECINCT 154 32 DISTRICT JEFFERSON E155 PRECINCT 155 32 DISTRICT JEFFERSON E157 PRECINCT 157 32 DISTRICT JEFFERSON E158 PRECINCT 158 32 DISTRICT JEFFERSON E159 PRECINCT 159 32 DISTRICT JEFFERSON E160 PRECINCT 160 32 DISTRICT JEFFERSON E161 PRECINCT 161 32 DISTRICT JEFFERSON E162 PRECINCT 162 32 DISTRICT JEFFERSON E163 PRECINCT 163 32 DISTRICT JEFFERSON E164 PRECINCT 164 32 DISTRICT JEFFERSON E165 PRECINCT 165 32 DISTRICT JEFFERSON E166 PRECINCT 166 32 DISTRICT JEFFERSON E167 PRECINCT 167 32 DISTRICT JEFFERSON E168 PRECINCT 168 32 DISTRICT JEFFERSON E169 PRECINCT 169 32 DISTRICT JEFFERSON E171 PRECINCT 171 32 DISTRICT JEFFERSON E172 PRECINCT 172 32 DISTRICT JEFFERSON E173 PRECINCT 173 32 DISTRICT JEFFERSON E174 PRECINCT 174 32 DISTRICT JEFFERSON E175 PRECINCT 175 32 DISTRICT JEFFERSON F101 PRECINCT 101 33 DISTRICT JEFFERSON F106 PRECINCT 106 33 DISTRICT JEFFERSON F111 PRECINCT 111 33 DISTRICT JEFFERSON F138 PRECINCT 138 33 DISTRICT JEFFERSON F143 PRECINCT 143 33 DISTRICT JEFFERSON F145 PRECINCT 145 33 DISTRICT JEFFERSON F149 PRECINCT 149 33 DISTRICT JEFFERSON F150 PRECINCT 150 33 DISTRICT JEFFERSON F151 PRECINCT 151 33 DISTRICT JEFFERSON F152 PRECINCT 152 33 DISTRICT JEFFERSON F153 PRECINCT 153 33 DISTRICT JEFFERSON F154 PRECINCT 154 33 DISTRICT JEFFERSON F155 PRECINCT 155 33 DISTRICT JEFFERSON F156 PRECINCT 156 33 DISTRICT JEFFERSON F157 PRECINCT 157 33 DISTRICT JEFFERSON F158 PRECINCT 158 33 DISTRICT JEFFERSON F159 PRECINCT 159 33 DISTRICT JEFFERSON F160 PRECINCT 160 33 DISTRICT JEFFERSON F161 PRECINCT 161 33 DISTRICT JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2011 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2012 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2017 0202 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2018 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2019 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2021 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2022 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2023 0202 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2026 0202 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2027 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2028 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2029 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2030 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2031 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2032 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2033 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2034 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2035 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2036 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2037 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2038 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2039 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2040 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2041 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2042 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2043 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2044 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2045 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2046 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2047 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2048 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2049 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2050 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2051 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2052 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2053 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2054 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2057 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010706 4004 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010706 4005 JEFFERSON F162 PRECINCT 162 33 DISTRICT 010706 4009 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1003 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1004 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1005 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1006 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1007 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1008 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1009 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1010 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1011 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1012 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1013 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1014 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1015 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1016 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1017 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1018 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1019 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1020 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1021 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1022 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1023 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1024 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1025 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1026 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1027 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1028 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1029 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1030 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1031 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1032 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1033 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1034 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1035 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1036 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1037 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1038 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1039 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1040 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1041 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1042 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1044 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1045 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1046 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1047 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1048 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1056 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1059 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011601 1053 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011601 1054 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011601 1063 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011601 1064 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011601 1065 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011601 1068 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011601 1069 0202 JEFFERSON F163 PRECINCT 163 33 DISTRICT JEFFERSON F164 PRECINCT 164 33 DISTRICT JEFFERSON F165 PRECINCT 165 33 DISTRICT JEFFERSON F166 PRECINCT 166 33 DISTRICT JEFFERSON F167 PRECINCT 167 33 DISTRICT JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2000 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2001 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2002 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2003 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2004 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2005 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2006 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2007 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2008 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2009 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2010 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2013 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2014 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2015 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2016 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2017 0102 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2020 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2023 0102 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2024 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2025 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2026 0102 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2055 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2056 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 3000 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 3001 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 3002 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 3007 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 3009 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 3010 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 3011 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 3012 JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 3013 JEFFERSON F168 PRECINCT 168 33 DISTRICT 011601 2012 0102 JEFFERSON F168 PRECINCT 168 33 DISTRICT 011601 2013 JEFFERSON F168 PRECINCT 168 33 DISTRICT 011601 2015 JEFFERSON F169 PRECINCT 169 33 DISTRICT JEFFERSON F170 PRECINCT 170 33 DISTRICT JEFFERSON F171 PRECINCT 171 33 DISTRICT JEFFERSON F172 PRECINCT 172 33 DISTRICT JEFFERSON F173 PRECINCT 173 33 DISTRICT JEFFERSON F175 PRECINCT 175 33 DISTRICT JEFFERSON F176 PRECINCT 176 33 DISTRICT JEFFERSON G103 PRECINCT 103 34 DISTRICT JEFFERSON G104 PRECINCT 104 34 DISTRICT JEFFERSON G106 PRECINCT 106 34 DISTRICT JEFFERSON G107 PRECINCT 107 34 DISTRICT JEFFERSON G108 PRECINCT 108 34 DISTRICT JEFFERSON G109 PRECINCT 109 34 DISTRICT JEFFERSON G111 PRECINCT 111 34 DISTRICT JEFFERSON G112 PRECINCT 112 34 DISTRICT JEFFERSON G116 PRECINCT 116 34 DISTRICT JEFFERSON G117 PRECINCT 117 34 DISTRICT JEFFERSON G119 PRECINCT 119 34 DISTRICT JEFFERSON G120 PRECINCT 120 34 DISTRICT JEFFERSON G121 PRECINCT 121 34 DISTRICT JEFFERSON G122 PRECINCT 122 34 DISTRICT JEFFERSON G123 PRECINCT 123 34 DISTRICT JEFFERSON G124 PRECINCT 124 34 DISTRICT JEFFERSON G126 PRECINCT 126 34 DISTRICT JEFFERSON G129 PRECINCT 129 34 DISTRICT JEFFERSON G140 PRECINCT 140 34 DISTRICT JEFFERSON G141 PRECINCT 141 34 DISTRICT JEFFERSON G142 PRECINCT 142 34 DISTRICT JEFFERSON G143 PRECINCT 143 34 DISTRICT JEFFERSON G144 PRECINCT 144 34 DISTRICT JEFFERSON G145 PRECINCT 145 34 DISTRICT JEFFERSON G146 PRECINCT 146 34 DISTRICT JEFFERSON G147 PRECINCT 147 34 DISTRICT JEFFERSON G148 PRECINCT 148 34 DISTRICT JEFFERSON G149 PRECINCT 149 34 DISTRICT JEFFERSON G150 PRECINCT 150 34 DISTRICT JEFFERSON G151 PRECINCT 151 34 DISTRICT JEFFERSON G154 PRECINCT 154 34 DISTRICT JEFFERSON G155 PRECINCT 155 34 DISTRICT JEFFERSON G156 PRECINCT 156 34 DISTRICT JEFFERSON G157 PRECINCT 157 34 DISTRICT JEFFERSON G158 PRECINCT 158 34 DISTRICT JEFFERSON G159 PRECINCT 159 34 DISTRICT JEFFERSON G160 PRECINCT 160 34 DISTRICT JEFFERSON G161 PRECINCT 161 34 DISTRICT JEFFERSON G162 PRECINCT 162 34 DISTRICT JEFFERSON G163 PRECINCT 163 34 DISTRICT JEFFERSON G164 PRECINCT 164 34 DISTRICT JEFFERSON G165 PRECINCT 165 34 DISTRICT JEFFERSON H102 PRECINCT 102 35 DISTRICT JEFFERSON H103 PRECINCT 103 35 DISTRICT JEFFERSON H105 PRECINCT 105 35 DISTRICT JEFFERSON H106 PRECINCT 106 35 DISTRICT JEFFERSON H109 PRECINCT 109 35 DISTRICT JEFFERSON H110 PRECINCT 110 35 DISTRICT JEFFERSON H111 PRECINCT 111 35 DISTRICT JEFFERSON H112 PRECINCT 112 35 DISTRICT JEFFERSON H113 PRECINCT 113 35 DISTRICT JEFFERSON H114 PRECINCT 114 35 DISTRICT JEFFERSON H115 PRECINCT 115 35 DISTRICT JEFFERSON H116 PRECINCT 116 35 DISTRICT JEFFERSON H117 PRECINCT 117 35 DISTRICT JEFFERSON H118 PRECINCT 118 35 DISTRICT JEFFERSON H120 PRECINCT 120 35 DISTRICT JEFFERSON H121 PRECINCT 121 35 DISTRICT JEFFERSON H123 PRECINCT 123 35 DISTRICT JEFFERSON H124 PRECINCT 124 35 DISTRICT JEFFERSON H125 PRECINCT 125 35 DISTRICT JEFFERSON H126 PRECINCT 126 35 DISTRICT JEFFERSON H127 PRECINCT 127 35 DISTRICT JEFFERSON H130 PRECINCT 130 35 DISTRICT JEFFERSON H131 PRECINCT 131 35 DISTRICT JEFFERSON H132 PRECINCT 132 35 DISTRICT JEFFERSON H133 PRECINCT 133 35 DISTRICT JEFFERSON H134 PRECINCT 134 35 DISTRICT JEFFERSON H138 PRECINCT 138 35 DISTRICT JEFFERSON H140 PRECINCT 140 35 DISTRICT JEFFERSON H141 PRECINCT 141 35 DISTRICT JEFFERSON H144 PRECINCT 144 35 DISTRICT JEFFERSON H145 PRECINCT 145 35 DISTRICT JEFFERSON H146 PRECINCT 146 35 DISTRICT JEFFERSON H147 PRECINCT 147 35 DISTRICT JEFFERSON H148 PRECINCT 148 35 DISTRICT JEFFERSON H149 PRECINCT 149 35 DISTRICT JEFFERSON H150 PRECINCT 150 35 DISTRICT JEFFERSON H151 PRECINCT 151 35 DISTRICT JEFFERSON I103 PRECINCT 103 37 DISTRICT JEFFERSON I104 PRECINCT 104 37 DISTRICT JEFFERSON I105 PRECINCT 105 37 DISTRICT JEFFERSON I106 PRECINCT 106 37 DISTRICT JEFFERSON I107 PRECINCT 107 37 DISTRICT JEFFERSON I109 PRECINCT 109 37 DISTRICT JEFFERSON I110 PRECINCT 110 37 DISTRICT JEFFERSON I111 PRECINCT 111 37 DISTRICT JEFFERSON I112 PRECINCT 112 37 DISTRICT JEFFERSON I114 PRECINCT 114 37 DISTRICT JEFFERSON I115 PRECINCT 115 37 DISTRICT JEFFERSON I117 PRECINCT 117 37 DISTRICT JEFFERSON I120 PRECINCT 120 37 DISTRICT JEFFERSON I122 PRECINCT 122 37 DISTRICT JEFFERSON I123 PRECINCT 123 37 DISTRICT JEFFERSON I124 PRECINCT 124 37 DISTRICT JEFFERSON I125 PRECINCT 125 37 DISTRICT JEFFERSON I126 PRECINCT 126 37 DISTRICT JEFFERSON I127 PRECINCT 127 37 DISTRICT JEFFERSON I129 PRECINCT 129 37 DISTRICT JEFFERSON I130 PRECINCT 130 37 DISTRICT JEFFERSON I133 PRECINCT 133 37 DISTRICT JEFFERSON I135 PRECINCT 135 37 DISTRICT JEFFERSON I138 PRECINCT 138 37 DISTRICT JEFFERSON J101 PRECINCT 101 38 DISTRICT JEFFERSON J104 PRECINCT 104 38 DISTRICT JEFFERSON J105 PRECINCT 105 38 DISTRICT JEFFERSON J107 PRECINCT 107 38 DISTRICT JEFFERSON J108 PRECINCT 108 38 DISTRICT JEFFERSON J110 PRECINCT 110 38 DISTRICT JEFFERSON J111 PRECINCT 111 38 DISTRICT JEFFERSON J113 PRECINCT 113 38 DISTRICT JEFFERSON J114 PRECINCT 114 38 DISTRICT JEFFERSON J117 PRECINCT 117 38 DISTRICT JEFFERSON J119 PRECINCT 119 38 DISTRICT JEFFERSON J120 PRECINCT 120 38 DISTRICT JEFFERSON J122 PRECINCT 122 38 DISTRICT JEFFERSON J123 PRECINCT 123 38 DISTRICT JEFFERSON J127 PRECINCT 127 38 DISTRICT JEFFERSON J128 PRECINCT 128 38 DISTRICT JEFFERSON J129 PRECINCT 129 38 DISTRICT JEFFERSON J130 PRECINCT 130 38 DISTRICT JEFFERSON J131 PRECINCT 131 38 DISTRICT JEFFERSON J135 PRECINCT 135 38 DISTRICT JEFFERSON J137 PRECINCT 137 38 DISTRICT JEFFERSON J138 PRECINCT 138 38 DISTRICT JEFFERSON J139 PRECINCT 139 38 DISTRICT JEFFERSON K103 PRECINCT 103 40 DISTRICT JEFFERSON K104 PRECINCT 104 40 DISTRICT JEFFERSON K105 PRECINCT 105 40 DISTRICT JEFFERSON K107 PRECINCT 107 40 DISTRICT JEFFERSON K108 PRECINCT 108 40 DISTRICT JEFFERSON K110 PRECINCT 110 40 DISTRICT JEFFERSON K111 PRECINCT 111 40 DISTRICT JEFFERSON K112 PRECINCT 112 40 DISTRICT JEFFERSON K113 PRECINCT 113 40 DISTRICT JEFFERSON K114 PRECINCT 114 40 DISTRICT JEFFERSON K116 PRECINCT 116 40 DISTRICT JEFFERSON K117 PRECINCT 117 40 DISTRICT JEFFERSON K118 PRECINCT 118 40 DISTRICT JEFFERSON K119 PRECINCT 119 40 DISTRICT JEFFERSON K121 PRECINCT 121 40 DISTRICT JEFFERSON K122 PRECINCT 122 40 DISTRICT JEFFERSON K123 PRECINCT 123 40 DISTRICT JEFFERSON K125 PRECINCT 125 40 DISTRICT JEFFERSON K126 PRECINCT 126 40 DISTRICT JEFFERSON K127 PRECINCT 127 40 DISTRICT JEFFERSON K128 PRECINCT 128 40 DISTRICT JEFFERSON K129 PRECINCT 129 40 DISTRICT JEFFERSON K130 PRECINCT 130 40 DISTRICT JEFFERSON K131 PRECINCT 131 40 DISTRICT JEFFERSON K132 PRECINCT 132 40 DISTRICT JEFFERSON K133 PRECINCT 133 40 DISTRICT JEFFERSON K134 PRECINCT 134 40 DISTRICT JEFFERSON L104 PRECINCT 104 41 DISTRICT JEFFERSON L107 PRECINCT 107 41 DISTRICT JEFFERSON L108 PRECINCT 108 41 DISTRICT JEFFERSON L110 PRECINCT 110 41 DISTRICT JEFFERSON L111 PRECINCT 111 41 DISTRICT JEFFERSON L112 PRECINCT 112 41 DISTRICT JEFFERSON L113 PRECINCT 113 41 DISTRICT JEFFERSON L115 PRECINCT 115 41 DISTRICT JEFFERSON L117 PRECINCT 117 41 DISTRICT JEFFERSON L118 PRECINCT 118 41 DISTRICT JEFFERSON L119 PRECINCT 119 41 DISTRICT JEFFERSON L134 PRECINCT 134 41 DISTRICT JEFFERSON L135 PRECINCT 135 41 DISTRICT JEFFERSON L136 PRECINCT 136 41 DISTRICT JEFFERSON L138 PRECINCT 138 41 DISTRICT JEFFERSON L139 PRECINCT 139 41 DISTRICT JEFFERSON L140 PRECINCT 140 41 DISTRICT JEFFERSON L141 PRECINCT 141 41 DISTRICT JEFFERSON L142 PRECINCT 142 41 DISTRICT JEFFERSON L143 PRECINCT 143 41 DISTRICT JEFFERSON L144 PRECINCT 144 41 DISTRICT JEFFERSON L145 PRECINCT 145 41 DISTRICT JEFFERSON L146 PRECINCT 146 41 DISTRICT JEFFERSON L147 PRECINCT 147 41 DISTRICT JEFFERSON L148 PRECINCT 148 41 DISTRICT JEFFERSON L149 PRECINCT L149 41 DISTRICT JEFFERSON M102 PRECINCT 102 42 DISTRICT JEFFERSON M103 PRECINCT 103 42 DISTRICT JEFFERSON M104 PRECINCT 104 42 DISTRICT JEFFERSON M105 PRECINCT 105 42 DISTRICT JEFFERSON M106 PRECINCT 106 42 DISTRICT JEFFERSON M107 PRECINCT 107 42 DISTRICT JEFFERSON M110 PRECINCT 110 42 DISTRICT JEFFERSON M120 PRECINCT 120 42 DISTRICT JEFFERSON M121 PRECINCT 121 42 DISTRICT JEFFERSON M123 PRECINCT 123 42 DISTRICT JEFFERSON M124 PRECINCT 124 42 DISTRICT JEFFERSON M129 PRECINCT 129 42 DISTRICT JEFFERSON M130 PRECINCT 130 42 DISTRICT JEFFERSON M131 PRECINCT 131 42 DISTRICT JEFFERSON M132 PRECINCT 132 42 DISTRICT JEFFERSON M133 PRECINCT 133 42 DISTRICT JEFFERSON M134 PRECINCT 134 42 DISTRICT JEFFERSON M137 PRECINCT 137 42 DISTRICT JEFFERSON M138 PRECINCT 138 42 DISTRICT JEFFERSON M139 PRECINCT 139 42 DISTRICT JEFFERSON M140 PRECINCT 140 42 DISTRICT JEFFERSON M141 PRECINCT 141 42 DISTRICT JEFFERSON M142 PRECINCT 142 42 DISTRICT JEFFERSON M143 PRECINCT 143 42 DISTRICT JEFFERSON M144 PRECINCT 144 42 DISTRICT JEFFERSON M145 PRECINCT 145 42 DISTRICT JEFFERSON M146 PRECINCT 146 42 DISTRICT JEFFERSON M147 PRECINCT 147 42 DISTRICT JEFFERSON M148 PRECINCT 148 42 DISTRICT JEFFERSON M149 PRECINCT 149 42 DISTRICT JEFFERSON M150 PRECINCT 150 42 DISTRICT JEFFERSON M153 PRECINCT 153 42 DISTRICT JEFFERSON N101 PRECINCT 101 43 DISTRICT JEFFERSON N102 PRECINCT 102 43 DISTRICT JEFFERSON N103 PRECINCT 103 43 DISTRICT JEFFERSON N104 PRECINCT 104 43 DISTRICT JEFFERSON N105 PRECINCT 105 43 DISTRICT JEFFERSON N106 PRECINCT 106 43 DISTRICT JEFFERSON N107 PRECINCT 107 43 DISTRICT JEFFERSON N108 PRECINCT 108 43 DISTRICT JEFFERSON N109 PRECINCT 109 43 DISTRICT JEFFERSON N110 PRECINCT 110 43 DISTRICT JEFFERSON N111 PRECINCT 111 43 DISTRICT JEFFERSON N112 PRECINCT 112 43 DISTRICT JEFFERSON N113 PRECINCT 113 43 DISTRICT JEFFERSON N115 PRECINCT 115 43 DISTRICT JEFFERSON N117 PRECINCT 117 43 DISTRICT JEFFERSON N119 PRECINCT 119 43 DISTRICT JEFFERSON N124 PRECINCT 124 43 DISTRICT JEFFERSON N125 PRECINCT 125 43 DISTRICT JEFFERSON N126 PRECINCT 126 43 DISTRICT JEFFERSON N127 PRECINCT 127 43 DISTRICT JEFFERSON N128 PRECINCT 128 43 DISTRICT JEFFERSON N130 PRECINCT 130 43 DISTRICT JEFFERSON N131 PRECINCT 131 43 DISTRICT JEFFERSON N132 PRECINCT 132 43 DISTRICT JEFFERSON N133 PRECINCT 133 43 DISTRICT JEFFERSON N134 PRECINCT 134 43 DISTRICT JEFFERSON N135 PRECINCT 135 43 DISTRICT JEFFERSON N136 PRECINCT 136 43 DISTRICT JEFFERSON N137 PRECINCT 137 43 DISTRICT JEFFERSON O105 PRECINCT 105 44 DISTRICT JEFFERSON O107 PRECINCT 107 44 DISTRICT JEFFERSON O109 PRECINCT 109 44 DISTRICT JEFFERSON O111 PRECINCT 111 44 DISTRICT JEFFERSON O112 PRECINCT 112 44 DISTRICT JEFFERSON O113 PRECINCT 113 44 DISTRICT JEFFERSON O114 PRECINCT 114 44 DISTRICT JEFFERSON O115 PRECINCT 115 44 DISTRICT JEFFERSON O116 PRECINCT 116 44 DISTRICT JEFFERSON O117 PRECINCT 117 44 DISTRICT JEFFERSON O119 PRECINCT 119 44 DISTRICT JEFFERSON O121 PRECINCT 121 44 DISTRICT JEFFERSON O123 PRECINCT 123 44 DISTRICT JEFFERSON O124 PRECINCT 124 44 DISTRICT JEFFERSON O126 PRECINCT 126 44 DISTRICT JEFFERSON O127 PRECINCT 127 44 DISTRICT JEFFERSON O128 PRECINCT 128 44 DISTRICT JEFFERSON O129 PRECINCT 129 44 DISTRICT JEFFERSON O130 PRECINCT 130 44 DISTRICT JEFFERSON O131 PRECINCT 131 44 DISTRICT JEFFERSON O133 PRECINCT 133 44 DISTRICT JEFFERSON O134 PRECINCT 134 44 DISTRICT JEFFERSON O135 PRECINCT 135 44 DISTRICT JEFFERSON O136 PRECINCT 136 44 DISTRICT JEFFERSON O137 PRECINCT 137 44 DISTRICT JEFFERSON Q101 PRECINCT 101 46 DISTRICT JEFFERSON Q103 PRECINCT 103 46 DISTRICT JEFFERSON Q104 PRECINCT 104 46 DISTRICT JEFFERSON Q105 PRECINCT 105 46 DISTRICT JEFFERSON Q107 PRECINCT 107 46 DISTRICT JEFFERSON Q109 PRECINCT 109 46 DISTRICT JEFFERSON Q112 PRECINCT 112 46 DISTRICT JEFFERSON Q113 PRECINCT 113 46 DISTRICT JEFFERSON Q114 PRECINCT 114 46 DISTRICT JEFFERSON Q115 PRECINCT 115 46 DISTRICT JEFFERSON Q116 PRECINCT 116 46 DISTRICT JEFFERSON Q117 PRECINCT 117 46 DISTRICT JEFFERSON Q118 PRECINCT 118 46 DISTRICT JEFFERSON Q119 PRECINCT 119 46 DISTRICT JEFFERSON Q122 PRECINCT 122 46 DISTRICT JEFFERSON Q123 PRECINCT 123 46 DISTRICT JEFFERSON Q124 PRECINCT 124 46 DISTRICT JEFFERSON Q125 PRECINCT 125 46 DISTRICT JEFFERSON Q126 PRECINCT 126 46 DISTRICT JEFFERSON Q127 PRECINCT 127 46 DISTRICT JEFFERSON Q128 PRECINCT 128 46 DISTRICT JEFFERSON Q129 PRECINCT 129 46 DISTRICT JEFFERSON Q130 PRECINCT 130 46 DISTRICT JEFFERSON Q131 PRECINCT 131 46 DISTRICT JEFFERSON Q132 PRECINCT 132 46 DISTRICT JEFFERSON Q133 PRECINCT 133 46 DISTRICT JEFFERSON Q134 PRECINCT 134 46 DISTRICT JEFFERSON S116 PRECINCT 116 48 DISTRICT JEFFERSON S117 PRECINCT 117 48 DISTRICT JEFFERSON S118 PRECINCT 118 48 DISTRICT JEFFERSON S119 PRECINCT 119 48 DISTRICT JEFFERSON S122 PRECINCT 122 48 DISTRICT JEFFERSON S125 PRECINCT 125 48 DISTRICT JEFFERSON S126 PRECINCT 126 48 DISTRICT JEFFERSON S128 PRECINCT 128 48 DISTRICT JEFFERSON S129 PRECINCT 129 48 DISTRICT JEFFERSON S130 PRECINCT 130 48 DISTRICT JEFFERSON S131 PRECINCT 131 48 DISTRICT JEFFERSON S132 PRECINCT 132 48 DISTRICT JEFFERSON S133 PRECINCT 133 48 DISTRICT JEFFERSON S135 PRECINCT 135 48 DISTRICT JEFFERSON S137 PRECINCT 137 48 DISTRICT JEFFERSON S139 PRECINCT 139 48 DISTRICT JEFFERSON S140 PRECINCT 140 48 DISTRICT JEFFERSON S141 PRECINCT 141 48 DISTRICT JEFFERSON S142 PRECINCT 142 48 DISTRICT JEFFERSON S143 PRECINCT 143 48 DISTRICT JEFFERSON S144 PRECINCT 144 48 DISTRICT JEFFERSON S145 PRECINCT 145 48 DISTRICT JEFFERSON S146 PRECINCT 146 48 DISTRICT JEFFERSON S147 PRECINCT 147 48 DISTRICT JEFFERSON S148 PRECINCT 148 48 DISTRICT JEFFERSON S150 PRECINCT 150 48 DISTRICT JEFFERSON S151 PRECINCT 151 48 DISTRICT JEFFERSON S152 PRECINCT 152 48 DISTRICT JEFFERSON S153 PRECINCT 153 48 DISTRICT JEFFERSON S154 PRECINCT 154 48 DISTRICT JEFFERSON S155 PRECINCT 155 48 DISTRICT JEFFERSON S156 PRECINCT 156 48 DISTRICT JEFFERSON S157 PRECINCT 157 48 DISTRICT JEFFERSON S159 PRECINCT 159 48 DISTRICT JEFFERSON S160 PRECINCT 160 48 DISTRICT JEFFERSON S161 PRECINCT 161 48 DISTRICT JEFFERSON S162 PRECINCT S162 48 DISTRICT JEFFERSON T101 PRECINCT 101 59 DISTRICT JEFFERSON T102 PRECINCT 102 59 DISTRICT JEFFERSON T103 PRECINCT 103 59 DISTRICT JEFFERSON T104 PRECINCT 104 59 DISTRICT

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History. Enact. Acts 1991 (2nd Ex. Sess.), ch. 4, § 3, effective December 20, 1991; repealed and reenact., Acts 2002, ch. 1, § 141, effective January 31, 2002; repealed and reenact., Acts 2012, ch. 3, § 3, effective February 10, 2012.

118B.140. Fourth Congressional District.

The Fourth Congressional District shall consist of the following territory:

COUNTY PREC NAME —CENSUS— SECT TRACT BLK BOONE BOYD A101 CATLETTSBURG BOYD A107 ENGLAND HILL BOYD A110 ELMWOOD-HILLTOP BOYD A111 GARTRELL BOYD A113 GARTIN BOYD A114 CARP BOYD A115 SOUTH ASHLAND BOYD A116 RATCLIFF BOYD A117 OAKVIEW BOYD A121 CANNONSBURG 031100 2000 BOYD A121 CANNONSBURG 031100 2001 BOYD A121 CANNONSBURG 031100 2003 BOYD A121 CANNONSBURG 031100 2007 BOYD B101 CENTRAL BOYD B102 POLLARD BOYD B103 LEWIS BOYD B105 DEBORD-TANNERY BOYD B106 BARBER BOYD B107 VINCENT BOYD B108 MT ADAMS BOYD B109 PRICHARD BOYD B110 FOREST HILLS BOYD B112 BRYSON BOYD B114 BEECH BOYD B115 GRAYSON-SPRINGHILL BOYD B116 AVONDALE BOYD B117 HILLENDALE BOYD B118 RICE # 1 BOYD B119 RICE # 2 BOYD B121 POAGE BOYD C103 KYOVA 031002 5015 BOYD C103 KYOVA 031002 5018 BOYD C103 KYOVA 031002 5019 BOYD C103 KYOVA 031002 5020 BOYD C104 HOODS CREEK BOYD C105 FAIRVIEW BOYD C106 BUCKLEY BOYD C107 WESTWOOD BOYD C108 MILLSEAT BOYD C109 MOORE BOYD C113 GREEN HILL BOYD C114 MEADS 1 BOYD C115 ROCKDALE-SUMMITT BOYD C116 WINSLOW-IRONVILLE BOYD C117 MEADS 2 031100 1023 BOYD C117 MEADS 2 031100 1024 BOYD C117 MEADS 2 031100 1025 BOYD C117 MEADS 2 031100 1026 BOYD C117 MEADS 2 031100 1027 BOYD C117 MEADS 2 031100 1028 BOYD C117 MEADS 2 031100 1029 BOYD C117 MEADS 2 031100 1030 BOYD C117 MEADS 2 031100 1031 BOYD C117 MEADS 2 031100 1032 BOYD C117 MEADS 2 031100 1033 BOYD C117 MEADS 2 031100 1034 BOYD C117 MEADS 2 031100 1035 BOYD C117 MEADS 2 031100 1036 BOYD C117 MEADS 2 031100 1037 BOYD C117 MEADS 2 031100 1038 BOYD C117 MEADS 2 031100 1039 BOYD C117 MEADS 2 031100 1040 BOYD C117 MEADS 2 031100 1041 BOYD C117 MEADS 2 031100 1043 BOYD C117 MEADS 2 031100 1044 BOYD C117 MEADS 2 031100 1045 BOYD C117 MEADS 2 031100 1046 BOYD C117 MEADS 2 031100 1047 BOYD C117 MEADS 2 031100 1048 BOYD C117 MEADS 2 031100 1050 BOYD C117 MEADS 2 031100 1052 BOYD C117 MEADS 2 031100 1059 BOYD C117 MEADS 2 031100 1060 BOYD C117 MEADS 2 031100 1061 BOYD C117 MEADS 2 031100 1062 BOYD C117 MEADS 2 031100 1064 BOYD C117 MEADS 2 031100 1065 BOYD C117 MEADS 2 031100 1070 BRACKEN CAMPBELL CARROLL GALLATIN GRANT GREENUP HARRISON B102 LIBRARY 950400 2021 0202 HARRISON B102 LIBRARY 950400 2025 HARRISON B102 LIBRARY 950400 3000 HARRISON B102 LIBRARY 950400 3003 0202 HARRISON B102 LIBRARY 950400 3030 0202 HARRISON D101 COUNTY EXTENSION OFFICE 950300 1024 HARRISON D101 COUNTY EXTENSION OFFICE 950300 1027 0202 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2062 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2063 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2064 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2066 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2086 HARRISON D102 LEESBURG HARRISON E101 WESTSIDE SCHOOL HARRISON E102 CONNERSVILLE HARRISON F101 SHERIFF’S OFFICE HARRISON F102 NORTHSIDE SCHOOL HARRISON G101 KINMAN HARRISON G102 BERRY HARRISON G103 DUTCH CHAPEL HARRISON H101 KELAT HARRISON H102 SUNRISE HENRY JEFFERSON B161 PRECINCT 161 29 DISTRICT JEFFERSON B164 PRECINCT 164 29 DISTRICT JEFFERSON B165 PRECINCT 165 29 DISTRICT 011102 1052 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011102 1053 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011102 1054 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011102 1055 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011102 1057 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011102 1058 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011102 1060 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011102 1061 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011102 1062 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011520 2000 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011520 2001 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011520 2003 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011520 2007 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011601 1051 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011601 1070 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011601 1071 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011601 1072 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011601 1073 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011601 1074 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011601 1075 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011601 1076 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1020 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1021 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1022 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1023 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1024 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1025 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1026 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1027 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1028 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1029 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1030 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1039 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1040 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1041 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1042 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1043 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1044 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1045 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1049 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1066 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1067 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1068 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1069 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1070 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1071 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1072 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1073 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1083 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1084 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1085 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1088 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1090 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1091 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1092 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1093 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1094 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1096 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2001 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2002 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2003 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2005 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2006 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2007 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2008 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2009 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2010 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2011 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2012 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2013 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2014 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2015 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2016 JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2035 JEFFERSON B174 PRECINCT 174 29 DISTRICT JEFFERSON B176 PRECINCT 176 29 DISTRICT JEFFERSON F109 PRECINCT 109 33 DISTRICT JEFFERSON F110 PRECINCT 110 33 DISTRICT JEFFERSON F126 PRECINCT 126 33 DISTRICT JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1001 0202 JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1002 0202 JEFFERSON F168 PRECINCT 168 33 DISTRICT 011102 1000 JEFFERSON F168 PRECINCT 168 33 DISTRICT 011102 1001 0102 JEFFERSON F168 PRECINCT 168 33 DISTRICT 011102 1002 0102 JEFFERSON F168 PRECINCT 168 33 DISTRICT 011601 1032 JEFFERSON F174 PRECINCT 174 33 DISTRICT JEFFERSON S149 PRECINCT 149 48 DISTRICT JEFFERSON S158 PRECINCT 158 48 DISTRICT JEFFERSON S163 PRECINCT 163 48 DISTRICT KENTON LEWIS MASON OLDHAM OWEN PENDLETON SHELBY SPENCER A101 TAYLORSVILLE #1 SPENCER B102 WATERFORD #10 SPENCER B103 WATERFORD #11 SPENCER C101 ELK CREEK SPENCER C102 ELK CREEK #8 SPENCER D101 CAMPBRANCH 080200 3064 SPENCER D101 CAMPBRANCH 080200 3066 SPENCER D101 CAMPBRANCH 080200 3067 SPENCER E101 LITTLE MOUNT TRIMBLE

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History. Enact. Acts 1991 (2nd Ex. Sess.), ch. 4, § 4, effective December 20, 1991; 1994, ch. 497, § 6, effective November 9, 1994; repealed and reenact., Acts 2002, ch. 1, § 142, effective January 31, 2002; repealed and reenact., Acts 2012, ch. 3, § 4, effective February 10, 2012.

118B.150. Fifth Congressional District.

The Fifth Congressional District shall consist of the following territory:

COUNTY PREC NAME —CENSUS— SECT TRACT BLK BELL BOYD A108 DURBINOIL-ASHLAND OIL BOYD A109 EAST FORK BOYD A118 FANNIN 1 BOYD A119 FANNIN 2 BOYD A121 CANNONSBURG 031100 2002 BOYD A121 CANNONSBURG 031100 2004 BOYD A121 CANNONSBURG 031100 2005 BOYD A121 CANNONSBURG 031100 2006 BOYD A121 CANNONSBURG 031100 2008 BOYD A121 CANNONSBURG 031100 2009 BOYD A121 CANNONSBURG 031100 2010 BOYD A121 CANNONSBURG 031100 2011 BOYD A121 CANNONSBURG 031100 2012 BOYD A121 CANNONSBURG 031100 2013 BOYD A121 CANNONSBURG 031100 2014 BOYD A121 CANNONSBURG 031100 2015 BOYD A121 CANNONSBURG 031100 2016 BOYD A121 CANNONSBURG 031100 2017 BOYD A121 CANNONSBURG 031100 2018 BOYD A121 CANNONSBURG 031100 2023 BOYD A121 CANNONSBURG 031100 2024 0102 BOYD A121 CANNONSBURG 031100 2025 BOYD A121 CANNONSBURG 031100 2026 BOYD A121 CANNONSBURG 031100 2027 BOYD C102 PRINCESS BOYD C103 KYOVA 031001 1000 BOYD C103 KYOVA 031001 1001 BOYD C103 KYOVA 031001 1002 BOYD C103 KYOVA 031001 1003 BOYD C103 KYOVA 031001 1004 BOYD C103 KYOVA 031001 1005 BOYD C103 KYOVA 031001 1006 BOYD C103 KYOVA 031001 1007 BOYD C103 KYOVA 031001 1008 BOYD C103 KYOVA 031001 1009 BOYD C103 KYOVA 031001 1013 BOYD C103 KYOVA 031001 1018 BOYD C103 KYOVA 031001 1030 BOYD C103 KYOVA 031001 1031 BOYD C103 KYOVA 031001 1036 BOYD C103 KYOVA 031001 1037 BOYD C103 KYOVA 031001 1038 BOYD C103 KYOVA 031001 1039 BOYD C103 KYOVA 031001 1040 BOYD C103 KYOVA 031001 1041 BOYD C103 KYOVA 031001 1042 BOYD C103 KYOVA 031001 1043 BOYD C103 KYOVA 031001 1045 BOYD C103 KYOVA 031001 1046 BOYD C103 KYOVA 031001 1047 BOYD C103 KYOVA 031001 1048 BOYD C103 KYOVA 031002 5010 BOYD C103 KYOVA 031002 5011 BOYD C103 KYOVA 031002 5012 BOYD C103 KYOVA 031002 5013 BOYD C103 KYOVA 031002 5014 BOYD C103 KYOVA 031002 5025 BOYD C103 KYOVA 031002 5026 BOYD C103 KYOVA 031002 5027 BOYD C103 KYOVA 031002 5028 BOYD C103 KYOVA 031002 5029 BOYD C103 KYOVA 031002 5030 BOYD C103 KYOVA 031002 5031 BOYD C103 KYOVA 031002 5032 BOYD C103 KYOVA 031002 5033 BOYD C103 KYOVA 031002 5034 BOYD C103 KYOVA 031002 5035 BOYD C103 KYOVA 031002 5036 BOYD C103 KYOVA 031002 5037 BOYD C103 KYOVA 031100 1055 BOYD C103 KYOVA 031100 1056 BOYD C103 KYOVA 031100 1057 BOYD C103 KYOVA 031100 1058 BOYD C103 KYOVA 031100 1063 BOYD C103 KYOVA 031100 1066 BOYD C103 KYOVA 031100 1067 BOYD C103 KYOVA 031100 1068 BOYD C103 KYOVA 031100 2019 BOYD C103 KYOVA 031100 2020 BOYD C117 MEADS 2 031100 1042 BOYD C117 MEADS 2 031100 1049 BOYD C117 MEADS 2 031100 1051 BOYD C117 MEADS 2 031100 1053 BOYD C117 MEADS 2 031100 1054 BREATHITT CARTER CLAY ELLIOTT FLOYD HARLAN JACKSON JOHNSON KNOTT KNOX LAUREL LAWRENCE LEE LESLIE LETCHER LINCOLN MAGOFFIN MARTIN MCCREARY MORGAN OWSLEY PERRY PIKE PULASKI ROCKCASTLE ROWAN WAYNE WHITLEY

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History. Enact. Acts 1991 (2nd Ex. Sess.), ch. 4, § 5, effective December 20, 1991; 1994, ch. 497, § 7, effective November 9, 1994; repealed and reenact., Acts 2002, ch. 1, § 143, effective January 31, 2002; repealed and reenact., Acts 2012, ch. 3, § 5, effective February 10, 2012.

118B.160. Sixth Congressional District.

The Sixth Congressional District shall consist of the following territory:

COUNTY PREC NAME —CENSUS— SECT TRACT BLK ANDERSON BATH BOURBON CLARK ESTILL FAYETTE FLEMING FRANKLIN HARRISON A101 SOUTHSIDE HARRISON A102 CLIFTON VILLAGE HARRISON B101 CITY FIRE STATION #2 HARRISON B102 LIBRARY 950400 2024 0202 HARRISON B102 LIBRARY 950400 2039 0102 HARRISON B102 LIBRARY 950400 2040 HARRISON B102 LIBRARY 950400 2042 HARRISON B102 LIBRARY 950400 2043 HARRISON B102 LIBRARY 950400 2044 HARRISON B102 LIBRARY 950400 2045 HARRISON B102 LIBRARY 950400 2046 HARRISON B102 LIBRARY 950400 2047 HARRISON B102 LIBRARY 950400 2048 HARRISON B102 LIBRARY 950400 2049 HARRISON B102 LIBRARY 950400 2050 HARRISON B102 LIBRARY 950400 3001 HARRISON B102 LIBRARY 950400 3002 HARRISON B102 LIBRARY 950400 3006 HARRISON B102 LIBRARY 950400 3008 HARRISON B102 LIBRARY 950400 3009 HARRISON B102 LIBRARY 950500 2004 HARRISON B102 LIBRARY 950500 2005 HARRISON B102 LIBRARY 950500 2006 HARRISON B102 LIBRARY 950500 2013 HARRISON B102 LIBRARY 950500 2014 HARRISON B102 LIBRARY 950500 2015 HARRISON B102 LIBRARY 950500 2016 HARRISON B102 LIBRARY 950500 2017 HARRISON C101 BUENA VISTA HARRISON C102 EASTSIDE SCHOOL HARRISON D101 COUNTY EXTENSION OFFICE 950300 1025 HARRISON D101 COUNTY EXTENSION OFFICE 950300 1028 HARRISON D101 COUNTY EXTENSION OFFICE 950300 1037 HARRISON D101 COUNTY EXTENSION OFFICE 950300 1046 HARRISON D101 COUNTY EXTENSION OFFICE 950300 1047 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2047 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2048 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2049 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2050 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2051 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2052 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2065 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2067 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2068 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2087 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2088 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2089 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2090 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2091 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2092 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2093 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2094 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2095 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2096 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2097 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2098 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2099 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2100 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2105 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2106 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2107 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2108 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2109 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2110 HARRISON D101 COUNTY EXTENSION OFFICE 950300 2111 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1051 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1052 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1053 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1054 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1060 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1061 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1062 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1063 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1064 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1065 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1066 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1068 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1069 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1070 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1071 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1072 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1073 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1074 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1075 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1076 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1077 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1078 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1079 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1080 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1081 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1082 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1083 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1084 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1085 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1086 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1087 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1088 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1089 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1090 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1091 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1092 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1093 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1096 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1097 HARRISON D101 COUNTY EXTENSION OFFICE 950500 1098 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4013 0202 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4014 0202 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4015 0102 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4017 0102 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4018 0202 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4020 0102 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4021 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4022 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4029 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4030 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4031 0102 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4032 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4035 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4036 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4038 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4039 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4040 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4041 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4042 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4043 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4044 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4045 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4046 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4047 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4048 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4049 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4050 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4051 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4052 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4053 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4054 HARRISON D101 COUNTY EXTENSION OFFICE 950500 4055 JESSAMINE A101 EAST NICHOLASVILLE #1 JESSAMINE A102 EAST NICHOLASVILLE #2 JESSAMINE A103 WEST NICHOLASVILLE #1 JESSAMINE A104 WEST NICHOLASVILLE #2 JESSAMINE A105 WEST NICHOLASVILLE #3 JESSAMINE A106 KEENE PLACE JESSAMINE A107 KEENE PLACE #2 JESSAMINE B101 MARBLE CREEK #1 JESSAMINE B102 MARBLE CREEK #2 JESSAMINE B103 MARBLE CREEK #3 JESSAMINE B104 THE VINEYARD JESSAMINE B105 THE ORCHARD JESSAMINE C101 SULPHUR WELL JESSAMINE C102 LITTLE HICKMAN JESSAMINE C103 MAPLE LEAF JESSAMINE C104 S. E. NICHOLASVILLE #1 JESSAMINE C105 SOUTHBROOK JESSAMINE C106 WEST PLACE JESSAMINE C107 SOUTHEAST NICHOLASVILLE #2 JESSAMINE D101 NORTHEAST WILMORE #2 060400 4007 0203 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5014 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5015 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5016 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5017 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5018 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5019 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5020 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5034 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5035 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5036 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5037 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5038 JESSAMINE D101 NORTHEAST WILMORE #2 060400 5052 JESSAMINE D102 NORTHEAST WILMORE #1 060400 1002 0202 JESSAMINE D102 NORTHEAST WILMORE #1 060400 1006 0202 JESSAMINE D102 NORTHEAST WILMORE #1 060400 5002 JESSAMINE D103 BETHEL JESSAMINE D105 HIGH BRIDGE 060400 4010 JESSAMINE D105 HIGH BRIDGE 060400 4011 JESSAMINE D105 HIGH BRIDGE 060400 4012 JESSAMINE D105 HIGH BRIDGE 060400 4016 0202 JESSAMINE D105 HIGH BRIDGE 060400 4018 JESSAMINE E101 NORTH KEENE 060101 2000 0102 JESSAMINE E101 NORTH KEENE 060101 2001 0102 JESSAMINE E101 NORTH KEENE 060101 2002 0102 JESSAMINE E101 NORTH KEENE 060101 2005 0202 JESSAMINE E101 NORTH KEENE 060101 3000 JESSAMINE E101 NORTH KEENE 060101 3001 0202 JESSAMINE E101 NORTH KEENE 060101 3002 0202 JESSAMINE E101 NORTH KEENE 060101 3003 JESSAMINE E101 NORTH KEENE 060101 3004 0202 JESSAMINE E101 NORTH KEENE 060101 3005 0202 JESSAMINE E101 NORTH KEENE 060101 3011 0202 JESSAMINE E101 NORTH KEENE 060101 3012 JESSAMINE E101 NORTH KEENE 060101 3013 JESSAMINE E101 NORTH KEENE 060101 3014 JESSAMINE E101 NORTH KEENE 060101 3028 0102 JESSAMINE E101 NORTH KEENE 060101 3029 JESSAMINE E101 NORTH KEENE 060600 2000 0202 JESSAMINE E101 NORTH KEENE 060600 2004 0202 JESSAMINE E102 SOUTH KEENE 060101 4000 0102 JESSAMINE E102 SOUTH KEENE 060101 4004 JESSAMINE E102 SOUTH KEENE 060101 4006 JESSAMINE E102 SOUTH KEENE 060101 4035 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1000 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1001 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1002 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1003 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1004 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1005 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1011 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1012 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1013 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1014 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1015 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1017 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1034 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1037 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1038 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1039 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1040 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1041 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1042 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1043 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 2001 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 2004 0102 JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 2005 JESSAMINE E105 IMPERIAL JESSAMINE F101 S W NICHOLASVILLE #1 JESSAMINE F102 S W NICHOLASVILLE #2 JESSAMINE F103 S W NICHOLASVILLE #3 JESSAMINE F104 S W NICHOLASVILLE #4 JESSAMINE F105 S W NICHOLASVILLE #5 MADISON MENIFEE MONTGOMERY NICHOLAS POWELL ROBERTSON SCOTT WOLFE WOODFORD

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History. Enact. Acts 1991 (2nd Ex. Sess.), ch. 4, § 6, effective December 20, 1991; 1994, ch. 497, § 8, effective November 9, 1994; repealed and reenact., Acts 2002, ch. 1, § 144, effective January 31, 2002; repealed and reenact., Acts 2012, ch. 3, § 6, effective February 10, 2012.

CHAPTER 119 Election Offenses and Prosecutions

119.005. Definitions. [Effective until July 15, 2020]

  1. A  “ballot” or “official ballot” means the voting machine  ballot label, ballot cards, paper ballots, an absentee ballot, a special ballot,  or a supplemental paper ballot which has been authorized for the use of the  voters in any primary, general or special election by the Secretary of State  or the county clerk;
  2. “Ballot  label” means the cards, papers, booklet, pages or other material on  which appear the names of candidates and the questions to be voted on by means  of ballot cards or voting machines;
  3. “Ballot  card” means a tabulating card on which votes may be recorded by a voter  by use of a voting punch device or by marking with a pen or special marking  device;
  4. “Voting  machine” or “machine” shall include lever machines and,  as far as applicable, any electronic or electromechanical unit and supplies  utilized or relied upon by a voter in casting and recording his vote in an  election.

History. Enact. Acts 1982, ch. 360, § 11, effective July 15, 1982.

119.005. Definitions. [Effective July 15, 2020]

  1. A “ballot” or “official ballot” means the voting machine ballot label, ballot cards, paper ballots, 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 label” means the cards, papers, booklet, pages or other material on which appear the names of candidates and the questions to be voted on by means of ballot cards or voting machines;
  3. “Ballot card” means a tabulating card on which votes may be recorded by a voter by use of a voting punch device or by marking with a pen or special marking device;
  4. “Voting machine” or “machine” shall include lever machines and, as far as applicable, any electronic or electromechanical unit and supplies utilized or relied upon by a voter in casting and recording his or her vote in an election.

HISTORY: Enact. Acts 1982, ch. 360, § 11, effective July 15, 1982; 2020 ch. 89, § 30, effective July 15, 2020.

119.010. Definition of “political party.” [Repealed.]

Compiler’s Notes.

This section (1550-5) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.015 .

119.015. Clerk making or permitting wrongful registration, or failing or refusing to deliver copies of registration records.

Any county clerk or deputy county clerk who falsely or fraudulently registers the name of any person, or permits any person to register knowing that the person is not entitled to register, or who fails or refuses to deliver copies of the registration records to a person entitled thereto, shall be guilty of a Class D felony.

History. Enact. Acts 1974, ch. 130, § 63; 1990, ch. 48, § 64, effective July 13, 1990.

119.020. Political parties must nominate candidates by primary — Exceptions — Vacancy in nomination. [Repealed.]

Compiler’s Notes.

This section (1550-1c, 1550-1e, 1550-1f, 1550-5: amend. Acts 1948, ch. 81, § 5; 1964, ch. 142, § 7) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.105 .

119.025. Wrongful registration.

Any person who knowingly or fraudulently causes himself to be registered in more than one (1) precinct, or to be registered more than once, or in a precinct other than the one in which he is a legal voter, or who registers under any name other than his real name, or who gives a false address, or who in any manner causes himself to be registered when he is not legally entitled to register, or who makes a false oath as to his ability to read or write, or who knowingly or fraudulently aids, abets, counsels or advises in the commission of any such act, shall be subject to the penalties prescribed for Class D felonies.

History. Enact. Acts 1974, ch. 130, § 64; 1990, ch. 48, § 65, effective July 13, 1990.

NOTES TO DECISIONS

1. Constitutionality.

The language “or who in any manner causes himself to be registered when he is not legally entitled to register,” when considered with other Kentucky statutes regarding qualification for voting, is sufficiently definite to put an ordinary person on notice that a convicted felon attempting to register would be in violation; therefore the section cannot be said to be unconstitutionally vague. Commonwealth v. Kash, 967 S.W.2d 37, 1997 Ky. App. LEXIS 119 (Ky. Ct. App. 1997).

2. Double Jeopardy.

Conviction for illegally registering did not bar subsequent prosecution for false swearing, although false swearing upon which second prosecution was based was done in connection with the illegal registering. Hughes v. Commonwealth, 131 Ky. 502 , 115 S.W. 744, 1909 Ky. LEXIS 48 ( Ky. 1909 ) (decided under prior law).

Opinions of Attorney General.

There is no reasonable, natural or logical basis for the classification contained in this section; the various substantive provisions of the two subsections would apply equally in all cities and counties, and there is no basis for holding that certain substantive acts or a particular penalty should be unique to cities of the first class. OAG 89-84 .

This section, in its entirety, is unconstitutional; it is not amenable to severability because the provisions are too intertwined, thus making it impossible to determine the intent of the legislature if one or the other of the two subsections are deemed to be unconstitutional. OAG 89-84.

119.030. Unexpired terms — Nominations for. [Repealed.]

Compiler’s Notes.

This section (1550-4) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.115 .

119.035. Alteration, suppression, mutilation, or destruction of registration record — Making or using false or fraudulent record.

Any person who fraudulently or unlawfully alters any registration record, or fraudulently adds any name thereto, or willfully secretes, suppresses, mutilates or destroys any registration record, or makes or uses any false or fraudulent registration record, and any person who aids or abets in the commission of such act, shall be subject to the penalties prescribed for Class D felonies.

History. Enact. Acts 1974, ch. 130, § 65; 1990, ch. 48, § 66, effective July 13, 1990.

119.040. Time and place of holding primary. [Repealed.]

Compiler’s Notes.

This section (1550-3: amend. Acts 1952, ch. 107, § 2; 1956, ch. 78; 1966, ch. 102, § 1) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 118.025 .

119.045. Interfering with registration.

Any person who attempts to or forcibly prevents any person from registering, or in any way unlawfully interferes with any person registering, or prevents or interferes with a clerk or registration officer in carrying out his duties with relation to the registration of voters, shall be guilty of a Class A misdemeanor.

History. Enact. Acts 1974, ch. 130, § 66; 1990, ch. 48, § 67, effective July 13, 1990.

119.050. Qualifications for nomination — Form of nomination papers. [Repealed.]

Compiler’s Notes.

This section (1550-1d, 1550-6, 1550-19: amend. Acts 1944, ch. 86, § 1) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 118.125 .

119.055. Procedure for candidate to get name on primary ballot. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 46) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.125 .

119.056. Alteration, mutilation, or suppression of nomination papers.

Any person in possession of nomination papers for attaining ballot access entitled to be filed under the statutes relating to primaries, regular and special elections who wrongfully alters, mutilates or suppresses such papers, or wrongfully fails to cause them to be filed at the proper time in the proper office, shall be guilty of a Class A misdemeanor.

History. Enact. Acts 1974, ch. 130, § 67; 1990, ch. 48, § 68, effective July 13, 1990; 2008, ch. 79, § 9, effective July 15, 2008.

119.060. “Dummy” candidates prohibited. [Repealed.]

Compiler’s Notes.

This section (1550-6) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.136 .

119.065. Forgery of nomination papers.

Any person who forges the name of a signer to a nomination paper shall be guilty of a Class C felony.

History. Enact. Acts 1974, ch. 130, § 68; 1990, ch. 48, § 69, effective July 13, 1990.

119.070. Special provisions for nomination of candidates for judicial offices. [Repealed.]

Compiler’s Notes.

This section (1550-6: amend. Acts 1966, ch. 255, § 123; 1970, ch. 92, § 97) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118A.060 .

119.075. Special provisions for nomination of candidates serving in armed forces. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1944, ch. 86, § 2) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.155 .

119.076. Clerk’s failure to place candidate’s name on ballot.

Any county clerk who willfully and knowingly refuses or fails to have the name of any candidate printed upon the official ballot in the manner provided by law shall be guilty of a Class D felony.

History. Enact. Acts 1974, ch. 130, § 69; 1990, ch. 48, § 70, effective July 13, 1990.

NOTES TO DECISIONS

1. Questioning Nomination.

When a certificate of nomination was filed substantially in the form and manner prescribed by former statutes, the county clerk had no right to go behind the certificate and question the validity of the nomination. Commonwealth v. Combs, 120 Ky. 368 , 86 S.W. 697, 27 Ky. L. Rptr. 751 , 1905 Ky. LEXIS 112 ( Ky. 1905 ) (decided under prior law).

2. Duty of County Clerk.

County clerk had duty to place on ballot names of persons whose nomination papers were proper on their face and whose nomination had not been impeached by party authorities or by judgment of court. Commonwealth v. Combs, 120 Ky. 368 , 86 S.W. 697, 27 Ky. L. Rptr. 751 , 1905 Ky. LEXIS 112 ( Ky. 1905 ) (decided under prior law).

Injunction issued by circuit clerk a few days before election, and without notice, restraining county clerk from placing names of certain candidates on ballot, was void. In such case, if county clerk honestly believed that injunction was valid and acted in reliance upon it, he was not guilty of violating former identical section, but where there was evidence that county clerk knew that injunction was part of fraudulent scheme to deprive party nominees of place on ballot, and county clerk, who had been defeated in primary for renomination, was one of plaintiffs in injunction suit, it was a jury question as to whether he “willfully” failed to place names on ballot. Commonwealth v. Combs, 120 Ky. 368 , 86 S.W. 697, 27 Ky. L. Rptr. 751 , 1905 Ky. LEXIS 112 ( Ky. 1905 ) (decided under prior law).

119.080. Where and when nomination paper to be filed. [Repealed.]

Compiler’s Notes.

This section (1550-7: amend. Acts 1946, ch. 242, § 23; 1964, ch. 142, § 9; 1972, ch. 188, § 47) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.165 .

119.085. Challenging good faith of candidate. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 48) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.176 .

119.086. Clerk’s failure to use proper paper for ballots. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 70) was repealed by Acts 1984, ch. 111, § 199, effective July 13, 1984.

119.090. Unopposed candidate entitled to certificate of nomination. [Repealed.]

Compiler’s Notes.

This section (1550-9) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.185 .

119.095. Printer’s violation of duty in printing ballots.

Any printer of ballots, or person employed in printing ballots, who prints or permits to be printed any ballot in any other form than the one prescribed by law, or with any name or device placed, spelled or arranged thereon other than as authorized and directed by the county clerk, or who gives or delivers, or knowingly permits to be taken, any ballot by any person other than the county clerk for whom the ballots are being printed, shall be guilty of a Class C felony.

History. Enact. Acts 1974, ch. 130, § 71; 1990, ch. 48, § 71, effective July 13, 1990.

119.100. Inspection of nomination papers. [Repealed.]

Compiler’s Notes.

This section (1550-11: amend. Acts 1974, ch. 98, § 1) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.195 .

119.105. Removal or destruction of election supplies or booths.

  1. Any  person who steals or willfully destroys any of the election supplies required  to be furnished by the county clerk shall be fined not less than fifty dollars  ($50) nor more than two hundred dollars ($200), and imprisoned in the county  jail for not less than one (1) month nor more than six (6) months.
  2. Any  person who, during an election, knowingly and willfully removes or defaces  the cards printed for the instruction of the voters, or destroys or removes  any booth or other convenience provided for the election, or induces or attempts  to induce any person to commit any such act, shall be imprisoned in the county  jail for not less than six (6) months nor more than one (1) year.

History. Enact. Acts 1974, ch. 130, § 72.

119.110. When nomination papers to be destroyed. [Repealed.]

Compiler’s Notes.

This section (1550-10) was repealed by Acts 1972, ch. 188, § 69.

119.115. Unauthorized possession of key to voting machine — Tampering with, injuring, or destroying ballot labels or voting machines.

  1. Any  unauthorized person found in possession of any key to a voting machine to  be used or being used in any primary, general, or special election shall be  guilty of a Class A misdemeanor.
  2. Any  person who, during or before any primary, general, or special election, willfully  tampers with or attempts to tamper with, disarrange, deface, or impair in  any manner whatsoever, injures, or destroys any ballot label, or destroys  any such voting machine while in use at an election or at any other time,  or who shall, after such machine is locked and sealed in order to preserve  the record of the vote, tamper with or attempt to tamper with the record of  the vote, or who aids or abets with intent to destroy or change the record  of the vote shall be guilty of a Class D felony.
  3. Any  election official, or other person entrusted with the custody or control of  any voting machine who, with intent to cause or permit any voting machine  to fail to correctly register votes cast thereon, tampers with or disarranges  such machine in any way, unlawfully opens such voting machine, prevents or  attempts to prevent the correct operation of such voting machine or causes  such voting machine to be used or consents to its being used for any election  with knowledge of the fact that the machine is not in order, or not perfectly  set and adjusted to correctly register all votes cast thereon, or removes,  changes, or mutilates any ballot label on a voting machine shall be guilty  of a Class D felony.

History. Enact. Acts 1974, ch. 277, § 1; 1984, ch. 111, § 65, effective July 13, 1984; 1990, ch. 48, § 72, effective July 13, 1990; 1992, ch. 463, § 11, effective July 14, 1992.

119.120. Register of candidates. [Repealed.]

Compiler’s Notes.

This section (1550-12) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.205 .

119.125. Sheriff’s failure to hold election or perform other election duties.

Any sheriff who willfully fails to cause an election to be held, as required by law, shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Any sheriff who willfully fails to perform any other duty concerning an election, for which there is no penalty specifically prescribed, shall be fined not less than twenty dollars ($20) nor more than two hundred dollars ($200).

History. Enact. Acts 1974, ch. 130, § 73.

119.130. Certification of candidates by Secretary of State — Order of listing county officers. [Repealed.]

Compiler’s Notes.

This section (1550-13, 1550-34: amend. Acts 1946, ch. 242, § 24; 1972, ch. 188, § 60) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.215 .

119.135. Election officer’s failure to perform duty. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 74) was repealed by Acts 1990, ch. 48, § 95, effective July 13, 1990.

119.140. Order of names on ballot — How determined. [Repealed.]

Compiler’s Notes.

This section (1550-14, 1550-15: amend. Acts 1946, ch. 242, § 25) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.225 .

119.145. Election officer’s refusal to admit challenger.

Any election officer who refuses to permit any challenger of any political party having a ticket to be voted for at an election, who has been duly appointed and presents a duly attested certificate of appointment, to perform his duties as challenger, shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500).

History. Enact. Acts 1974, ch. 130, § 75.

119.150. Order of offices on ballot. [Repealed.]

Compiler’s Notes.

This section (1550-16) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 118.215 .

119.155. Preventing voter from casting ballot — Interfering with election.

  1. Any  person who unlawfully prevents or attempts to prevent any voter from casting  his ballot, or intimidates or attempts to intimidate any voter so as to prevent  him from casting his ballot, or who unlawfully interferes with the election  officers in the discharge of their duties, shall be guilty of a Class D felony.
  2. Any  person who, by himself or in aid of others, forcibly breaks up or prevents,  or attempts to break up or prevent, or obstructs or attempts to obstruct,  the lawful holding of an election, shall be guilty of a Class A misdemeanor.

History. Enact. Acts 1974, ch. 130, § 76; 1990, ch. 48, § 73, effective July 13, 1990.

NOTES TO DECISIONS

1. Application.

Prohibition against interference with voter applied only to forcible interference with the voter or intimidation of the voter, and did not include acts done voluntarily by the voter or with his consent. Commonwealth v. Glass, 140 Ky. 589 , 131 S.W. 494, 1910 Ky. LEXIS 329 ( Ky. 1910 ) (decided under prior law).

2. Bribery.

Bribery of a voter not to vote was not a violation of prohibition against preventing voter from voting. Commonwealth v. Glass, 140 Ky. 589 , 131 S.W. 494, 1910 Ky. LEXIS 329 ( Ky. 1910 ) (decided under prior law).

3. Force Necessary.

In order to constitute a violation of provision prohibiting interference with election, some element of force must have been employed, although actual violence or direct force is not essential. Threats or acts of violence, or other conduct calculated to intimidate election officers or break up the election, will constitute a violation. Campbell v. Commonwealth, 244 Ky. 328 , 50 S.W.2d 929, 1932 Ky. LEXIS 414 ( Ky. 1932 ) (decided under prior law).

4. Interference by Police.

A policeman or other peace officer has no right to interfere with an election officer in the discharge of his duties. Skain v. Milward, 138 Ky. 200 , 127 S.W. 773, 1910 Ky. LEXIS 61 ( Ky. 1910 ) (decided under prior law).

5. Remonstration by Voter.

Voter who, upon being denied right to ballot by election officers, demanded right to vote and right to execute affidavit, and who remonstrated with officers for not permitting him to vote, but who used no force, was not guilty of violating provision prohibiting interference with election. Campbell v. Commonwealth, 244 Ky. 328 , 50 S.W.2d 929, 1932 Ky. LEXIS 414 ( Ky. 1932 ) (decided under prior law).

6. Indictment.

Indictment merely charging a violation of former similar section, without alleging the facts constituting the alleged violation, was not sufficient. Commonwealth v. Fain, 248 Ky. 383 , 58 S.W.2d 642, 1933 Ky. LEXIS 249 ( Ky. 1933 ) (decided under prior law).

Research References and Practice Aids

ALR

Conspiracy to prevent exercise of right to vote as within federal statutes denouncing conspiracy. 107 A.L.R. 1372; 162 A.L.R. 1373.

119.160. Clerk’s duties in regard to placing names on ballots. [Repealed.]

Compiler’s Notes.

This section (1550-15, 1550-33) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 119.076 .

119.165. False personation of a voter — Nonresident or unqualified person voting.

  1. Any  person who falsely personates a registered voter, and receives and casts a  ballot by means of such personation, shall be guilty of a Class D felony.  An attempt at such personation shall constitute a Class A misdemeanor.
  2. Any  person who, by means other than falsely personating a registered voter, votes  at an election in this state when he is a resident of another state or country,  or votes more than once at an election, or votes by use of the naturalization  papers of another person, shall be guilty of a Class D felony. Any person  who knowingly votes or attempts to vote in a precinct other than the one in  which he resides shall be guilty of a Class A misdemeanor, unless by voting  in a precinct in which he does not live he is enabled to vote in a race or  on a matter in which he could not vote in his proper precinct in which case  he shall be guilty of a Class D felony. Any person who lends or hires his  or another’s naturalization papers to be used for the purpose of voting shall  be subject to the same penalty.
  3. Any  resident of this state who, by means other than falsely personating a registered  voter, votes at a regular or special election before he has resided in this  state thirty (30) days, or in the county and precinct where the election is  held the time required by law, or before he has attained full age, or before  he has become a citizen, shall be guilty of a Class B misdemeanor.
  4. Any  person who, by means other than falsely personating a registered voter, votes  in a primary election knowing that he is not qualified as provided in KRS 116.055 , shall be guilty of a violation.
  5. Any  person who applies for or receives a ballot at any voting place other than  the one at which he is entitled to vote, under circumstances not constituting  a violation of any of the provisions of subsections (1) to (4) of this section,  shall be guilty of a Class A misdemeanor.

History. Enact. Acts 1974, ch. 130, § 77; 1990, ch. 48, § 74, effective July 13, 1990; 1992, ch. 463, § 12, effective July 14, 1992.

NOTES TO DECISIONS

1. Voting Twice.

Before a person can be prosecuted for repeated voting he must have stamped and deposited at least two ballots, but it is not necessary to prove that he actually stamped the ballots. The fact that the voter received a ballot, went into the booth and remained there long enough to stamp it, and then came out and deposited it in the box, will justify the jury finding that he voted the ballot. Commonwealth v. Baker, 237 Ky. 380 , 35 S.W.2d 548, 1931 Ky. LEXIS 611 ( Ky. 1931 ) (decided under prior law).

Where it was proved that person had voted in one precinct, and in another precinct had received a ballot, retired to the booth, and then emerged and deposited ballot in box, the fact that upon opening the box in the second precinct one ballot was found not stamped would not prevent jury from inferring that he had actually voted in second precinct. Baker v. Commonwealth, 240 Ky. 418 , 42 S.W.2d 537, 1931 Ky. LEXIS 421 ( Ky. 1931 ) (decided under prior law).

Research References and Practice Aids

ALR

Deceased or disqualified person, result of election as affected by votes cast for. 133 A.L.R. 319.

119.170. Court may compel compliance with law as to placing names on ballots. [Repealed.]

Compiler’s Notes.

This section (1550-27) was repealed by Acts 1972, ch. 188, § 69.

119.175. Receipt of illegal vote or rejection of legal vote by election officer.

  1. Except  as provided in subsection (2) of this section, any officer of election who  receives, assents to receive or records a vote at an election at a time or  place known by him not to be the time and place lawfully appointed, or who  knowingly receives the vote of any person other than a qualified voter, or  refuses to receive the vote of a qualified voter, shall, for each offense,  be fined not less than fifty dollars ($50) nor more than five hundred dollars  ($500), and shall forfeit any office he holds and be disqualified from ever  holding any office.
  2. Any  judge of a primary election who knowingly receives a vote of an elector who  is not qualified to vote in the primary election under KRS 116.055 shall be  fined one hundred dollars ($100) for each offense.

History. Enact. Acts 1974, ch. 130, § 78.

NOTES TO DECISIONS

1. Punishment of Clerk.

The clerk of the election could not be punished under former similar section for receiving an unlawful vote, (except at an election held at an unlawful time or place), or for refusing to receive a lawful vote, because the judges had the sole power to determine whether a vote shall be received. Barrow v. Commonwealth, 122 Ky. 802 , 92 S.W. 981, 29 Ky. L. Rptr. 320 , 1906 Ky. LEXIS 96 ( Ky. 1906 ) (decided under prior law).

119.180. Form of ballots — Sample ballots. [Repealed.]

Compiler’s Notes.

This section (1550-17) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.145 , 117.155 .

119.185. Disobeying election officer’s command.

Any person who willfully disobeys any lawful command of an election officer, given in the execution of his duty as such at an election, shall be fined not less than twenty-five dollars ($25) nor more than five hundred dollars ($500).

History. Enact. Acts 1974, ch. 130, § 79.

NOTES TO DECISIONS

1. Sheriff’s Use of Force.

If a person disobeyed order of sheriff of election, sheriff could have arrested him, but the sheriff could not strike such person unless in necessary self-defense, or in overcoming resistance to arrest. Ryan v. Quinn, 71 S.W. 872, 24 Ky. L. Rptr. 1513 (1903) (decided under prior law).

119.190. Publication of names of candidates by county clerk. [Repealed.]

Compiler’s Notes.

This section (1550-15, 1550-30: amend. Acts 1966, ch. 239, § 128; 1972, ch. 188, § 49) was repealed by Acts 1974, ch. 130, § 198.

119.195. Removing or tampering with ballots.

  1. Any  person who, during an election, knowingly and willfully removes or attempts  to remove an official ballot from the election room, or has in his possession  outside the election room any official ballot, either genuine or counterfeit,  shall be guilty of a Class D felony.
  2. Any  voter who attempts to leave the election room with an official ballot in his  possession shall at once be arrested on demand of either of the judges of  election and shall be guilty of a violation, unless the act was done knowingly  in which event he shall be guilty of a Class A misdemeanor.
  3. Any  person who takes or removes in any manner, feloniously or with the consent  or permission of the custodian, any official ballot from any place where it  may lawfully be, or knowingly and willfully has in his possession or custody  any such official ballot, except as an officer or custodian under the law  or while within the polling place for the purpose of voting, and any custodian  or officer who permits any official ballot to be removed or carried away from  the place where it may lawfully be by any person other than the officer or  custodian whose duty it is to receive it, shall be guilty of a Class C felony.
  4. Any  election officer, or other person entrusted with the custody or control of  any official ballot, either before or after it has been voted, who in any  way marks, mutilates, or defaces any official ballot or places any distinguishing  mark thereon, for the purpose of vitiating the official ballot, shall be guilty  of a Class C felony.
  5. Any  person who unlawfully destroys or attempts to destroy any official ballot  box used, or any official ballot deposited, at any election, or who unlawfully,  by force, fraud, or other improper means, obtains or attempts to obtain possession  of any ballot box or any official ballot therein deposited, while the voting  at any election is going on or before the official ballots are duly taken  out and counted according to law, shall be guilty of a Class D felony.
  6. Any  election officer who mutilates or tampers with any of the seals, or destroys  or removes any official ballots required to be preserved, shall be guilty  of a Class D felony.
  7. Any  county clerk who knowingly and willfully opens any ballot box and removes  any official ballot therefrom, or removes, destroys, or tampers with a ballot  box and official ballots left in his care and custody, or permits any other  person to do so, during the period the boxes are required to remain locked  in his office, shall be guilty of a Class D felony.
  8. Any  person who removes, mutilates, or destroys, or adds any new official ballots  to, the regular official ballots that have been counted and prepared for preservation,  or that have already been preserved, so that the result of the election in  the precinct or county is changed, shall be guilty of a Class D felony.
  9. Any  person who tampers with or changes the official ballots, or opens the receptacles  in which the official ballots are contained without the order of the court,  after the ballots have been sent to the Franklin County courthouse in connection  with the contest of a constitutional amendment, shall be guilty of a Class  D felony.

History. Enact. Acts 1974, ch. 130, § 80; 1976 (Ex. Sess.), ch. 1, § 14; 1990, ch. 48, § 75, effective July 13, 1990; 1992, ch. 463, § 13, effective July 14, 1992.

NOTES TO DECISIONS

1. Application.

Similar subsection (4) of former section applied to persons mutilating the ballots before they were counted and prepared for preservation, while subsections (6), (7), (8) of former section (similar to subsections (6)-(8) of this section) applied to persons mutilating the ballots after they were counted and prepared for preservation. Commonwealth v. Goulet, 137 Ky. 464 , 125 S.W. 1083, 1910 Ky. LEXIS 588 ( Ky. 1910 ) (decided under prior law).

2. Grand Jury Examination.

During the time the county clerk was required to retain custody of the ballots, the grand jury had no right to examine them. Bryan v. Yungblut, 136 Ky. 810 , 125 S.W. 251, 1910 Ky. LEXIS 546 ( Ky. 1910 ) (decided under prior law).

After the expiration of the time during which the county clerk was to retain custody of the ballots, the clerk could be compelled to submit them to the grand jury for examination. Miller v. Price, 260 Ky. 488 , 86 S.W.2d 152, 1935 Ky. LEXIS 499 ( Ky. 1935 ) (decided under prior law).

3. Inspector of Count.

An inspector to the count of the ballots designated by a political party was not an “officer of election” but he was a “person entrusted with the custody or control of any ballot” within the meaning of subsection (4) of former section (similar to subsection (4) of this section), and an inspector who scratched straight-ticket votes for a candidate of the opposite party, during the count, could be prosecuted under said subsection. Commonwealth v. Goulet, 137 Ky. 464 , 125 S.W. 1083, 1910 Ky. LEXIS 588 ( Ky. 1910 ) (decided under prior law).

4. Deficient Indictment.

Indictment charging unlawful taking of ballot box in violation of subsection (5) of former section (similar to subsection (5) of this section) was fatally defective in failing to allege that box was taken while the voting at the election was going on or before the ballots had been taken out and counted. Commonwealth v. Middleton, 257 Ky. 354 , 78 S.W.2d 26, 1935 Ky. LEXIS 27 ( Ky. 1935 ) (decided under prior law).

119.200. Qualifications of voters. [Repealed.]

Compiler’s Notes.

This section (1550-19: amend. Acts 1964, ch. 142, § 10) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 116.055 .

119.205. Making or receiving expenditures for vote, for withholding of vote, or for signing a petition to have public question on ballot — Definition of “expenditure” — Procedures for paying for transportation of voters — Applicability of KRS 502.020.

  1. Any person who makes or offers to make an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate or public question at an election shall be guilty of a Class D felony.
  2. Any person who solicits, accepts, or receives any such expenditure as payment or consideration for his vote, or the withholding of his vote, or to vote for or against any candidate or public question at an election shall be guilty of a Class D felony.
  3. Any person who makes or offers to make an expenditure to any person to sign a petition to have a public question placed on the ballot, or any person who solicits, accepts, or receives any such expenditure as payment or consideration to sign a petition to have a public question placed on the ballot, shall be guilty of a Class B misdemeanor.
  4. For purposes of this section, “expenditure” means any of the following when intended as payment or consideration for voting or withholding a vote, voting for or against any candidate or public question, or signing a petition to have a public question placed on the ballot:
    1. A payment, distribution, loan, advance, deposit, or gift of money or anything of value; or
    2. A contract, promise, or agreement, express or implied, whether or not legally enforceable, to make a payment, distribution, loan, advance, deposit, or gift of money or anything of value.

      “Expenditure,” as used in this section, shall not include the distribution of materials bearing the name, likeness, or other identification of a candidate, political party, committee, or organization, or position on a public question and not intended as payment or consideration for voting or withholding a vote, voting for or against any candidate or public question, or signing a petition to have a public question placed on the ballot.

  5. Any candidate or committee, or any person on his behalf, who pays any person, including campaign workers, for transporting voters to the polls on the day of the election, shall make all payments by check. All payments, regardless of amount, shall be reported to the Registry of Election Finance in the manner that the Registry shall provide by administrative regulation. Any person who knowingly violates any requirement of this subsection shall be guilty of a Class B misdemeanor.
  6. In addition to the above provisions, a person may be convicted of a violation of this section pursuant to KRS 502.020 .

History. Repealed, reenact., and amend. Acts 1991 (1st Ex. Sess.), ch. 5, § 1, effective February 15, 1991; 2000, ch. 53, § 1, effective July 14, 2000.

Compiler’s Notes.

Former KRS 119.205 (Enact. Acts 1974, ch. 130, § 81; 1988, ch. 341, § 37, effective July 15, 1988; 1990, ch. 48, § 76, effective July 13, 1990) was repealed and reenacted by Acts 1991, (1st Ex. Sess.), ch. 5, § 1, effective February 15, 1991.

NOTES TO DECISIONS

Analysis

1. Constitutionality.

This section lacks minimal objective guidelines for its application and therefore threatens the constitutional rights of all Kentucky citizens; it is violative of Ky. Const., §§ 1(4) and 2 and it may also violate Ky. Const., § 6. Commonwealth v. Foley, 798 S.W.2d 947, 1990 Ky. LEXIS 121 ( Ky. 1990 ), overruled in part, Martin v. Commonwealth, 96 S.W.3d 38, 2003 Ky. LEXIS 8 ( Ky. 2003 ).

This section as written is so broad and subject to such a vast array of interpretations that it must fail on due process and equal protection grounds; it is an open invitation to arbitrary, retaliatory, selective, trivial, and therefore unjust criminal prosecution. Commonwealth v. Foley, 798 S.W.2d 947, 1990 Ky. LEXIS 121 ( Ky. 1990 ), overruled in part, Martin v. Commonwealth, 96 S.W.3d 38, 2003 Ky. LEXIS 8 ( Ky. 2003 ).

2. Interpretation.

Upon review of this section as a whole, it would not be unreasonable to interpret it to prohibit the use of any money or thing of value with the intent to influence voters; such an interpretation is absurd and repugnant to the concept of free elections and the singular purpose of an election campaign and every undertaking attendant thereto is for the influencing of voters. The idea that candidates may solicit campaign funds and expend money to enhance the likelihood of their election, and at the same time be prohibited from spending money or things of value with the intent to influence voters is inherently contradictory. Commonwealth v. Foley, 798 S.W.2d 947, 1990 Ky. LEXIS 121 ( Ky. 1990 ), overruled in part, Martin v. Commonwealth, 96 S.W.3d 38, 2003 Ky. LEXIS 8 ( Ky. 2003 ).

The language contained in subdivisions (5)(a) and (b) of this section is so indefinite that its effect is to create the potential that any person who engages in the conduct impliedly authorized therein will be required to persuade a petit jury that the conduct was within normal or reasonable parameters; a citizen who engages in a legally authorized act should not be forced to guess whether his conduct will later be determined to be a violation of law. Commonwealth v. Foley, 798 S.W.2d 947, 1990 Ky. LEXIS 121 ( Ky. 1990 ), overruled in part, Martin v. Commonwealth, 96 S.W.3d 38, 2003 Ky. LEXIS 8 ( Ky. 2003 ).

3. Construction.

The word “election” included an election by the city council of Louisville for president of the council. Commonwealth v. Root, 96 Ky. 533 , 29 S.W. 351, 16 Ky. L. Rptr. 491 , 1895 Ky. LEXIS 115 ( Ky. 1895 ) (decided under prior law).

4. Application.

Former similar section was not restricted to bribery in elections by the people, but included an election of officers by a city council. Commonwealth v. Root, 96 Ky. 533 , 29 S.W. 351, 16 Ky. L. Rptr. 491 , 1895 Ky. LEXIS 115 ( Ky. 1895 ) (decided under prior law).

Former similar section relating to bribery in “elections” applied to a local option election. Commonwealth v. Steele, 97 Ky. 27 , 29 S.W. 855, 16 Ky. L. Rptr. 700 , 1895 Ky. LEXIS 144 ( Ky. 1895 ) (decided under prior law).

5. Indirect Bribery.

Promise of reward or benefit to a person other than the voter, for the purpose of influencing the vote of a voter, is bribery although the promise was not actually at the “instance” of the voter. Commonwealth v. Root, 96 Ky. 533 , 29 S.W. 351, 16 Ky. L. Rptr. 491 , 1895 Ky. LEXIS 115 ( Ky. 1895 ) (decided under prior law).

Offering money and job to brother of voter if voter would vote for certain candidate constituted bribery. Commonwealth v. Root, 96 Ky. 533 , 29 S.W. 351, 16 Ky. L. Rptr. 491 , 1895 Ky. LEXIS 115 ( Ky. 1895 ) (decided under prior law).

In defendants’ alleged vote buying scheme, district court did not err in determining that defendants’ conspiracy to violate Racketeer Influenced and Corrupt Organizations Act convictions rested on valid predicate act as vote buying under Kentucky law was type of activity that was generally known or characterized as involving bribery. United States v. Adams, 722 F.3d 788, 2013 FED App. 0179P, 2013 U.S. App. LEXIS 14418 (6th Cir. Ky. 2013 ).

6. Bribery Not to Vote.

Bribery of a person not to vote was a violation of former similar section. Commonwealth v. Roberts, 145 Ky. 290 , 140 S.W. 313, 1911 Ky. LEXIS 840 ( Ky. 1911 ). See Commonwealth v. Glass, 140 Ky. 589 , 131 S.W. 494, 1910 Ky. LEXIS 329 ( Ky. 1910 ) (decided under prior law).

7. Exclusion from Office and Suffrage.

The fact that a person has been adjudged guilty of bribery in a civil proceeding will not operate to exclude him from office and suffrage; there must be a criminal conviction. Lovely v. Cockrell, 237 Ky. 547 , 35 S.W.2d 891, 1931 Ky. LEXIS 639 ( Ky. 1931 ) (decided under prior law).

8. Indictment.

Indictment merely alleging that defendant bribed another “to vote,” and that the defendant did “vote as requested,” was not sufficient. Indictment must allege that voter was bribed to vote for or against a particular candidate or public question. Commonwealth v. Steele, 97 Ky. 27 , 29 S.W. 855, 16 Ky. L. Rptr. 700 , 1895 Ky. LEXIS 144 ( Ky. 1895 ) (decided under prior law).

Indictment alleging that defendant paid money to certain person “for the purpose of buying his influence with the Democratic challengers and election officers, and for the purpose of bribing the said challengers and election officers for the purpose of procuring and influencing votes,” was sufficient. Commonwealth v. Headley, 111 Ky. 815 , 64 S.W. 744, 23 Ky. L. Rptr. 1104 , 1901 Ky. LEXIS 255 ( Ky. 1901 ) (decided under prior law).

An indictment for bribery will be liberally construed. Commonwealth v. Headley, 111 Ky. 815 , 64 S.W. 744, 23 Ky. L. Rptr. 1104 , 1901 Ky. LEXIS 255 ( Ky. 1901 ) (decided under prior law).

9. Proof.

In prosecution under former similar section, allegation and proof that bribe was accepted was sufficient; it need not be alleged or proved that person who accepted bribe actually voted as he agreed to, or that he voted at all. Commonwealth v. Roberts, 145 Ky. 290 , 140 S.W. 313, 1911 Ky. LEXIS 840 ( Ky. 1911 ) (decided under prior law).

In prosecution for accepting bribe, evidence that accused had accepted bribes in other elections, or had reputation of being a bribe-taker, was not competent. Romes v. Commonwealth, 164 Ky. 334 , 175 S.W. 669, 1915 Ky. LEXIS 391 ( Ky. 1915 ). See Newsom v. Commonwealth, 164 Ky. 776 , 176 S.W. 192, 1915 Ky. LEXIS 445 ( Ky. 1915 ) (decided under prior law).

10. Action for Damages.

A candidate who lost a nomination or election because of bribery of voters by his opponent had no cause of action for damages against his opponent or against others who participated in the bribery. Shields v. Booles, 238 Ky. 673 , 38 S.W.2d 677, 1931 Ky. LEXIS 300 ( Ky. 1931 ) (decided under prior law).

Notes to Unpublished Decisions

1. Interpretation.

Unpublished decision: In a criminal trial in which two defendants were convicted of conspiracy to buy votes and vote buying in violation of 18 U.S.C.S. §§ 371 and 1973i(c), the district court did not err in giving a willful blindness jury instruction because there was sufficient evidence that both defendants consciously avoided knowledge of wrongdoing; the district court correctly denied one defendant’s request for a vote hauling instruction because defendant provided no case law to support the theory that transporting voters to the polls pursuant to KRS 119.205(5) included escorting them to the polls, watching them vote, and then escorting them back to another location. United States v. Young, 516 Fed. Appx. 599, 2013 FED App. 0236N, 2013 U.S. App. LEXIS 4782 (6th Cir. Ky. 2013 ).

119.207. Prohibition against paying compensation based upon number or characteristics of voters registered.

Any person who provides compensation or makes any such expenditure as payment or consideration for registering voters that is based upon the total number of voters a person registers or the total number of voters a person registers in a particular party, political group, political organization, or voters of independent status shall be guilty of a Class B misdemeanor.

History. Enact. Acts 2006, ch. 107, § 1, effective March 30, 2006.

119.210. Challengers. [Repealed.]

Compiler’s Notes.

This section (1550-23: amend. Acts 1968, ch. 181, § 2) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.315 .

119.215. Providing another with intoxicants on election day. [Repealed]

History. Enact. Acts 1974, ch. 130, § 82; 2013, ch. 121, § 99, effective June 25, 2013; repealed by 2017 ch. 62, § 119, effective June 29, 2017.

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 82; 2013, ch. 121, § 99, effective June 25, 2013) was repealed by Acts 2017, ch. 62, § 119, effective June 29, 2017.

119.220. Manner of issuing, marking and casting ballots. [Repealed.]

Compiler’s Notes.

This section (1550-24) was repealed by Acts 1972, ch. 188, § 69.

119.225. Denial of rights of inspectors by county board of elections.

Any member of a county board of elections who refuses to permit an inspector designated under KRS 117.275 and 117.315 to exercise free and full action in witnessing the count of the ballots, or interferes with the right of such an inspector to have a free and full opportunity to witness the count of the ballots, shall be guilty of a Class A misdemeanor.

History. Enact. Acts 1974, ch. 130, § 83; 1982, ch. 394, § 35, effective July 15, 1982; 1990, ch. 48, § 77, effective July 13, 1990.

119.230. Canvassing returns — Issuance of certificates of nomination. [Repealed.]

Compiler’s Notes.

This section (1482, 1550-26, 1596a-8a, 1596a-11) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.275 .

119.235. Alteration, suppression, or destruction of stub book, return, or certificate of election.

Any person who willfully alters, obliterates, secretes, suppresses or destroys a stub book, return or certificate of election, and any officer who makes, aids in making or authorizes the making of any false or fraudulent stub book, certificate of election or election return, shall be guilty of a Class D felony.

History. Enact. Acts 1974, ch. 130, § 84; 1990, ch. 48, § 78, effective July 13, 1990.

NOTES TO DECISIONS

1. Forging Names.

Person forging names on stubs of ballots could be prosecuted under former similar section. Tackett v. Commonwealth, 285 Ky. 83 , 146 S.W.2d 937, 1940 Ky. LEXIS 601 ( Ky. 1940 ) (decided under prior law).

2. False Return.

A person who acts as an officer at a legal election could be punished for making a false return, but not so a mere pretender at a pretended election. Commonwealth v. Brown, 123 Ky. 15 , 93 S.W. 605, 29 Ky. L. Rptr. 434 , 1906 Ky. LEXIS 115 ( Ky. 1906 ) (decided under prior law).

3. False or Fraudulent Stub Book.

Where precinct election officer, who was intrusted with ballot box, claimed it had been taken from his home, but he made no effort to find it, or report loss, and he later turned up with missing box at county clerk’s office without reporting what had happened, and the box was found to contain several hundred purported ballots, such evidence was sufficient to support conviction of officer for fraudulently conspiring to make up false and fraudulent poll book while acting as an election officer. Gilbert v. Commonwealth, 303 Ky. 677 , 198 S.W.2d 505, 1946 Ky. LEXIS 913 ( Ky. 1946 ) (decided under prior law).

4. Indictment.

Indictment of election officer for making false certificate of election need not allege that accused was properly appointed as an election officer, but it must allege that he acted as an officer at the election. Indictment merely alleging that accused pretendedly acted as a judge of election was not sufficient. Commonwealth v. Brown, 123 Ky. 15 , 93 S.W. 605, 29 Ky. L. Rptr. 434 , 1906 Ky. LEXIS 115 ( Ky. 1906 ) (decided under prior law).

In prosecution for making false certificate of returns, slight variance between original certificate and copy set forth at length in indictment was not fatal. Commonwealth v. Brown, 123 Ky. 15 , 93 S.W. 605, 29 Ky. L. Rptr. 434 , 1906 Ky. LEXIS 115 ( Ky. 1906 ) (decided under prior law).

Indictment alleging that accused was duly appointed to serve as clerk of election at a certain election in a certain precinct was sufficient without alleging when or by whom he was appointed. Commonwealth v. Drewry, 126 Ky. 183 , 103 S.W. 266, 31 Ky. L. Rptr. 635 , 1907 Ky. LEXIS 35 ( Ky. 1907 ) (decided under prior law).

Indictment alleging that clerk of election signed certificate of returns certifying that certain number of votes were cast when he knew that such number had not been cast was sufficient. Commonwealth v. Drewry, 126 Ky. 183 , 103 S.W. 266, 31 Ky. L. Rptr. 635 , 1907 Ky. LEXIS 35 ( Ky. 1907 ) (decided under prior law).

The fact that the accusatory part of the indictment charged the defendant with “forgery” was not a fatal defect, where the descriptive part clearly described an offense under former similar section. Wallace v. Commonwealth, 229 Ky. 776 , 18 S.W.2d 290, 1929 Ky. LEXIS 855 ( Ky. 1929 ) (decided under prior law).

Indictment alleging that defendant willfully altered election returns in such a manner as to increase his vote was sufficient without alleging that act was done with intent to defraud, and without alleging that a named person was intended to be defrauded. Wallace v. Commonwealth, 229 Ky. 776 , 18 S.W.2d 290, 1929 Ky. LEXIS 855 ( Ky. 1929 ) (decided under prior law).

In an indictment for violation of this section it was not necessary to set out the wording of the election return alleged to have been altered. Wallace v. Commonwealth, 229 Ky. 776 , 18 S.W.2d 290, 1929 Ky. LEXIS 855 ( Ky. 1929 ) (decided under prior law).

An indictment under this section need not comply with the formal requirements of an indictment for common-law forgery. Wallace v. Commonwealth, 229 Ky. 776 , 18 S.W.2d 290, 1929 Ky. LEXIS 855 ( Ky. 1929 ) (decided under prior law).

Indictment alleging that defendant wilfully altered election returns from certain county to secretary of state in primary for state auditor was sufficient without alleging that returns were those prepared by the county board of election commissioners. Wallace v. Commonwealth, 229 Ky. 776 , 18 S.W.2d 290, 1929 Ky. LEXIS 855 ( Ky. 1929 ) (decided under prior law).

Indictment alleging that certificates of returns from certain county to secretary of state showed a stated number of votes for a candidate, and that the defendant wilfully altered the returns to increase the number of votes shown for such candidate, was sufficiently clear and certain. Wallace v. Commonwealth, 229 Ky. 776 , 18 S.W.2d 290, 1929 Ky. LEXIS 855 ( Ky. 1929 ) (decided under prior law).

It was not necessary, in indictment for altering election returns, to allege that alteration was done without authority. Wallace v. Commonwealth, 229 Ky. 776 , 18 S.W.2d 290, 1929 Ky. LEXIS 855 ( Ky. 1929 ) (decided under prior law).

In indictment for altering election returns it was not necessary to allege that returns were valid before being altered. Wallace v. Commonwealth, 229 Ky. 776 , 18 S.W.2d 290, 1929 Ky. LEXIS 855 ( Ky. 1929 ) (decided under prior law).

5. Proof.

Where it was established that the defendant had the motive and the opportunity to change election returns, and that the returns were changed by someone to his benefit, there was sufficient evidence to sustain a conviction, without positive evidence that defendant did the changing. Wallace v. Commonwealth, 229 Ky. 776 , 18 S.W.2d 290, 1929 Ky. LEXIS 855 ( Ky. 1929 ) (decided under prior law).

In prosecution for altering election returns from certain counties to Secretary of State, it was prejudicial error to admit evidence as to alteration of returns from another county with which defendant was not shown to have any connection and with which he was not charged. Wallace v. Commonwealth, 229 Ky. 776 , 18 S.W.2d 290, 1929 Ky. LEXIS 855 ( Ky. 1929 ) (decided under prior law).

119.240. Plurality of votes nominates candidate. [Repealed.]

Compiler’s Notes.

This section (1550-1g) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.245 .

119.245. Violation of law or failure to perform duty by member of board of elections.

Any member of the State Board of Elections or of a county board of elections who willfully and knowingly violates any provision of the statutes relating to his duties, or fails to execute faithfully any of the duties imposed upon him by law, for which no other penalty is provided, shall be guilty of a Class B misdemeanor.

History. Enact. Acts 1974, ch. 130, § 85; 1982, ch. 394, § 36, effective July 15, 1982; 1990, ch. 48, § 79, effective July 13, 1990.

119.250. County clerk’s fees. [Repealed.]

Compiler’s Notes.

This section (1550-30: amend. Acts 1972, ch. 188, § 49a) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.255 .

119.255. Intimidation of election officer or board of elections.

Any person who, by threat of violence or in any other manner, intimidates or attempts to intimidate the election officers, the State Board of Elections or a county board of elections in the performance of their duty and any persons who conspire together and go forth armed for the purpose of intimidating said officers, shall be guilty of a Class D felony.

History. Enact. Acts 1974, ch. 130, § 86; 1982, ch. 394, § 37, effective July 15, 1982; 1990, ch. 48, § 80, effective July 13, 1990.

119.260. Regular election laws apply to primaries. [Repealed.]

Compiler’s Notes.

This section (1550-29, 1550-30, 1550-36) was repealed by Acts 1972, ch. 188, § 69.

119.265. Violation of duties for which no other penalty provided.

Any public officer who willfully neglects to perform a duty imposed upon him under the election laws, for which no other penalty is provided, or who willfully performs such duty in a way that hinders the objects of the election laws, shall be guilty of a Class B misdemeanor.

History. Enact. Acts 1974, ch. 130, § 87; 1990, ch. 48, § 81, effective July 13, 1990.

NOTES TO DECISIONS

1. Application.

Former similar section applied to primary elections. Commonwealth v. Kaufman, 126 Ky. 624 , 104 S.W. 740, 31 Ky. L. Rptr. 1064 , 1907 Ky. LEXIS 91 ( Ky. 1907 ) (decided under prior law).

2. Notary Public.

Since the election laws imposed no duty on a notary public in connection with absentee ballots, an indictment for falsely notarizing same was fatally defective in that it failed to state an offense under the provisions of former similar section. Redden v. Commonwealth, 339 S.W.2d 447, 1960 Ky. LEXIS 452 ( Ky. 1960 ) (decided under prior law).

3. Disobedient Clerk.

A clerk of election who refused to obey the order of the judges as to whether a certain voter should be permitted to vote could be punished under former similar section. Barrow v. Commonwealth, 122 Ky. 802 , 92 S.W. 981, 29 Ky. L. Rptr. 320 , 1906 Ky. LEXIS 96 ( Ky. 1906 ) (decided under prior law).

4. Intent.

In prosecution under former similar section it must be proved that the acts charged were committed with the intent to hinder the objects of the election law, and that they did so hinder them or were reasonably calculated to result in such hindrance. Commonwealth v. Kaufman, 126 Ky. 624 , 104 S.W. 740, 31 Ky. L. Rptr. 1064 , 1907 Ky. LEXIS 91 ( Ky. 1907 ) (decided under prior law).

5. Indictment.

Indictment alleging that judge of election willfully performed the duties of his office in such a way as to hinder the objects of the election law, in that he marked ballots for voters without their having taken the oath of disability, was sufficient. Commonwealth v. Kaufman, 126 Ky. 624 , 104 S.W. 740, 31 Ky. L. Rptr. 1064 , 1907 Ky. LEXIS 91 ( Ky. 1907 ) (decided under prior law).

Research References and Practice Aids

ALR

Criminal responsibility as one cooperating in violation of election law which he is incapable of committing personally. 5 A.L.R. 786; 74 A.L.R. 1113.

“Infamous offense,” elective franchise violation as, within constitutional or statutory provision in relation to presentment or indictment by grand jury. 24 A.L.R. 1009.

Conspiracy to prevent exercise of right respecting election as within federal statutes denouncing conspiracy. 107 A.L.R. 1372; 162 A.L.R. 1372.

Practice in courts of justice, statutes involving elections as in violation of constitutional provision against special or local laws regulating. 135 A.L.R. 375.

Officer, necessity of proving right to vote as condition of action against, for breach of duty in respect of election laws. 153 A.L.R. 143.

119.275. Advising or assisting violation of election laws.

Any person who counsels, advises, procures or aids in the commission of any of the offenses named in this chapter shall incur the penalty provided for committing such offense.

History. Enact. Acts 1974, ch. 130, § 88.

119.277. Prohibitions against holding elective office.

Any person who shall have been convicted of any election law offense which is a Class A misdemeanor shall not be permitted to hold elective office for a period of five (5) years following the conviction. Any person who shall have been convicted of any election law offense which is a felony shall not be permitted to hold elective office until his civil rights have been restored by executive pardon.

History. Enact. Acts 1988, ch. 341, § 17, effective July 15, 1988.

119.285. Irregularity or defect in conduct of election no defense.

Irregularities or defects in the mode of convening or conducting an election shall constitute no defense to a prosecution for a violation of the election laws.

History. Enact. Acts 1974, ch. 130, § 89.

119.295. Applicability of penalties for regular elections to primaries and to elections for United States Senator.

  1. Any  act or deed denounced by the statutes concerning regular elections or concerning  elections generally shall be an offense when committed in connection with  a primary election held under KRS Chapter 118, and shall be punished in the  same manner, and all the penalties for violation of the regular election laws  shall apply with equal force to all similar violations of the provisions of  the statutes relating to primary elections.
  2. Penalties  prescribed for offenses against the election laws in the election of other  officers shall apply to elections for United States Senator.

History. Enact. Acts 1974, ch. 130, § 90.

119.305. Report by election officers of violations — Arrest of offenders.

Election officers shall give information of all infractions of the election laws to the grand jury, Commonwealth’s attorney, Attorney General and the Registry of Election Finance. The election officers shall cooperate in any investigation or prosecution of election law violations. When there is reason to fear that an offender will escape out of the county before indictment, any election officer may procure his immediate apprehension.

History. Enact. Acts 1974, ch. 130, § 91; 1988, ch. 341, § 38, effective July 15, 1988.

119.307. Report to grand jury on election officials inexcusably absent — Subject to prosecution.

The county board of elections shall present to the grand jury next convening subsequent to each election the names of those election officials who failed to appear and serve at the election and who had not been properly excused. Any such person may be subpoenaed and inquiry made of his absence, and if no good cause be shown, he shall be subject to prosecution.

History. Enact. Acts 1988, ch. 341, § 18, effective July 15, 1988.

119.310. Persons entitled to have name placed on ballot for regular election. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 51, effective December 1, 1972; 1974, ch. 151, § 7, effective June 21, 1974) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.305 .

119.315. Grand jury may compel testimony as to violation of election laws.

Except as provided in KRS 119.325 , any person who refuses, when summoned, to testify on oath before a grand jury as to any knowledge he may possess concerning any violation of law in relation to elections in the county during the preceding eighteen (18) months shall be imprisoned until he submits, and be fined not less than ten dollars ($10) nor more than thirty dollars ($30) by the court, and a like sum for each daily repetition of the contempt.

History. Enact. Acts 1974, ch. 130, § 92.

119.320. Nomination for regular election by petition. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 52; 1974, ch. 151, § 8) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.315 .

119.325. Refusal to produce evidence of corrupt practices when summoned by grand jury a Class A misdemeanor.

Any person having the possession of any books, correspondence or papers of a corporation that may show or tend to show any violation of the provisions of KRS 121.025 , or of KRS 121.045 or 121.055 , or of subsection (1) of KRS 121.310 , who refuses, when summoned by a grand jury, to produce such books, correspondence or papers, or to appear and testify concerning them or to give any other evidence material to the matter under investigation, shall be guilty of a Class A misdemeanor.

History. Enact. Acts 1974, ch. 130, § 93; 1990, ch. 48, § 82, effective July 13, 1990.

119.330. Nomination by minor political parties, and by major political parties for certain offices. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 53) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.325 .

119.335. Evidence required to support conviction for violation of election laws.

No person shall be convicted of a violation of any of the statutes relating to elections upon the testimony of only one (1) witness, unless sustained by strong corroborating circumstances.

History. Enact. Acts 1974, ch. 130, § 94.

NOTES TO DECISIONS

1. Application.

Former similar section applied to prosecutions under provision prohibiting sale of intoxicants on election day. Commonwealth v. Hart, 98 Ky. 7 , 32 S.W. 138, 17 Ky. L. Rptr. 545 , 1895 Ky. LEXIS 4 ( Ky. 1895 ) (decided under prior law).

2. Corroboration.

Where only evidence to support testimony of principal witness that he gave bribe to defendant to vote for certain candidate was testimony of another witness that he saw defendant and principal witness talking together at time latter testified bribe was given, there was not sufficient corroboration. Commonwealth v. Roberts, 145 Ky. 290 , 140 S.W. 313, 1911 Ky. LEXIS 840 ( Ky. 1911 ) (decided under prior law).

In prosecution for accepting bribe, evidence that accused had reputation of being a bribe-taker, and had accepted bribes in other elections, was not sufficient corroboration of testimony of principal witness that he gave accused a bribe. Romes v. Commonwealth, 164 Ky. 334 , 175 S.W. 669, 1915 Ky. LEXIS 391 ( Ky. 1915 ) (decided under prior law).

In prosecution for bribery, where only two witnesses testified, one being the alleged bribe-taker who denied the bribery, and the other a witness who saw the defendant and first witness together, but did not see any money change hands, the evidence was not sufficient to convict. Benge v. Commonwealth, 204 Ky. 781 , 265 S.W. 307, 1924 Ky. LEXIS 569 ( Ky. 1924 ) (decided under prior law).

3. Circumstantial Evidence.

Former similar section did not mean that a conviction could not be had on circumstantial evidence. It was not essential that the principal witness give direct or positive evidence of the offense in a prosecution for bribery; both the guilt and the corroborating facts could be shown by circumstantial evidence. Commonwealth v. Roberts, 145 Ky. 290 , 140 S.W. 313, 1911 Ky. LEXIS 840 ( Ky. 1911 ) (decided under prior law).

119.340. Effect of conflicting certificates and petitions of nomination. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 54) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.335 .

119.345. Witness not exempted from giving incriminating testimony — Immunity except from perjury charge.

  1. At  the discretion of the prosecuting attorney, in any prosecution under the election  laws it shall be no exemption for a witness that his information may criminate  himself, and no such information given by a witness shall be used against  him in any prosecution, except for perjury, and if used on behalf of the Commonwealth  he shall stand discharged from all penalties for any violation of the election  laws so necessarily disclosed in the information he so discloses as tending  to convict the accused.
  2. The  statement of any person testifying in any case pending under the provisions  of KRS 121.025 , 121.045 , 121.055 , or subsection (1) of KRS 121.310 shall not  be used against him in any prosecution or civil proceeding.

History. Enact. Acts 1974, ch. 130, § 95; 1988, ch. 341, § 39, effective July 15, 1988.

NOTES TO DECISIONS

1. Constitutionality.

Former similar section did not violate Ky. Const., § 11. Duff v. Salyers, 220 Ky. 546 , 295 S.W. 871, 1927 Ky. LEXIS 574 ( Ky. 1927 ) (decided under prior law).

2. Compelling Testimony.

In contest proceeding involving violation of corrupt practices act, witnesses could be compelled to testify, since former similar section gave them immunity. Duff v. Salyers, 220 Ky. 546 , 295 S.W. 871, 1927 Ky. LEXIS 574 ( Ky. 1927 ) (decided under prior law).

Cited:

Commonwealth v. Brown, 619 S.W.2d 699, 1981 Ky. LEXIS 263 ( Ky. 1981 ), overruled, Murphy v. Commonwealth, 652 S.W.2d 69, 1983 Ky. LEXIS 249 ( Ky. 1983 ), overruled in part, Murphy v. Commonwealth, 652 S.W.2d 69, 1983 Ky. LEXIS 249 ( Ky. 1983 ).

119.350. Defeated primary candidate barred from having name on regular election ballot — Exception for judicial candidate. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 55) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.345 , 118A.060 .

119.355. Limitation of prosecutions.

No prosecution shall be had under the election laws where the penalty is less than confinement in the penitentiary unless the prosecution is commenced within two (2) years from the time of the commission of the offense.

History. Enact. Acts 1974, ch. 130, § 96.

NOTES TO DECISIONS

1. Indictment.

Indictment must show on its face that offense was committed within two years of finding of indictment. Commonwealth v. Roberts, 145 Ky. 290 , 140 S.W. 313, 1911 Ky. LEXIS 840 ( Ky. 1911 ) (decided under prior law).

119.360 to 119.990. Certificates of nomination — Vacancies — Names on ballot — Constitutional amendments — Penalties. [Repealed.]

Compiler’s Notes.

KRS 119.360 to 119.430 (Acts 1972, ch. 188, §§ 56 to 59, 61 to 64), and KRS 119.990 (1550-6, 1550-27, 1550-33, 1550-34: Acts 1972, ch. 188, § 50) were repealed by Acts 1974, ch. 130, § 198.

CHAPTER 120 Election Contests

Definitions

120.005. Definitions. [Effective until July 15, 2020]

  1. A  “ballot” or “official ballot” means the voting machine  ballot label, ballot cards, paper ballots, an absentee ballot, a special ballot,  or a supplemental paper ballot which has been authorized for the use of the  voters in any primary, general or special election by the Secretary of State  or the county clerk;
  2. “Ballot  label” means the cards, papers, booklet, pages or other material on  which appear the names of candidates and the questions to be voted on by means  of ballot cards or voting machines;
  3. “Ballot  card” means a tabulating card on which votes may be recorded by a voter  by use of a voting punch device or by marking with a pen or special marking  device;
  4. “Voting  machine” or “machine” shall include lever machines and,  as far as applicable, any electronic or electromechanical unit and supplies  utilized or relied upon by a voter in casting and recording his vote in an  election.

History. Enact. Acts 1982, ch. 360, § 12, effective July 15, 1982.

120.005. Definitions. [Effective July 15, 2020]

  1. A “ballot” or “official ballot” means the voting machine ballot label, ballot cards, paper ballots, 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 label” means the cards, papers, booklet, pages or other material on which appear the names of candidates and the questions to be voted on by means of ballot cards or voting machines;
  3. “Ballot card” means a tabulating card on which votes may be recorded by a voter by use of a voting punch device or by marking with a pen or special marking device;
  4. “Voting machine” or “machine” shall include lever machines and, as far as applicable, any electronic or electromechanical unit and supplies utilized or relied upon by a voter in casting and recording his vote in an election.

HISTORY: Enact. Acts 1982, ch. 360, § 12, effective July 15, 1982; 2020 ch. 89, § 31, effective July 15, 2020.

120.010. Time of election of presidential electors. [Repealed.]

Compiler’s Notes.

This section (1514) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.435 .

Grounds

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. Enact. Acts 1974, ch. 130, § 157.

NOTES TO DECISIONS

1. Constitutionality.

The provision of the former similar section that a candidate in a primary who received less votes than other candidates could be declared nominated, if the other candidates violated the corrupt practices act and he did not, was constitutional. Charles v. Flanary, 192 Ky. 511 , 233 S.W. 904, 1921 Ky. LEXIS 88 ( Ky. 1921 ). See Mellon v. Goble, 210 Ky. 711 , 276 S.W. 830, 1925 Ky. LEXIS 760 ( Ky. 1925 ); Hibbard v. Page, 230 Ky. 638 , 20 S.W.2d 475, 1929 Ky. LEXIS 149 ( Ky. 1929 ); Creech v. Fields, 276 Ky. 359 , 124 S.W.2d 503, 1939 Ky. LEXIS 537 ( Ky. 1939 ) (decided under prior law).

2. Contest.

Where candidate for Circuit Judge ran in both Republican and Democratic primaries, opponent who ran only in Democratic primary could contest Democratic nomination, but not Republican. Prewitt v. Caudill, 250 Ky. 698 , 63 S.W.2d 954, 1933 Ky. LEXIS 778 ( Ky. 1933 ) (decided under prior law).

3. — Purpose.

A candidate could maintain a contest for the purpose of having the nomination or election of his opponent declared void on the ground of violations of the corrupt practices act, although the contesting candidate had violated the act himself and therefore, could not claim the election for himself, but if contestant sought to have himself declared to be nominated he must allege and prove that he did not violate the act. McKinney v. Barker, 180 Ky. 526 , 203 S.W. 303, 1918 Ky. LEXIS 102 ( Ky. 1918 ) ( Ky. 1918 ). See Hardin v. Horn, 184 Ky. 548 , 212 S.W. 573, 1919 Ky. LEXIS 105 ( Ky. 1919 ); Greene v. Cawood, 230 Ky. 823 , 20 S.W.2d 984, 1929 Ky. LEXIS 180 ( Ky. 1929 ); Kluemper v. Zimmer, 240 Ky. 225 , 41 S.W.2d 1111, 1931 Ky. LEXIS 370 ( Ky. 1931 ); Humbert v. Heyburn, 240 Ky. 405 , 42 S.W.2d 538, 1931 Ky. LEXIS 422 ( Ky. 1931 ); Hart v. Rose, 255 Ky. 576 , 75 S.W.2d 43, 1934 Ky. LEXIS 297 ( Ky. 1934 ) (decided under prior law).

4. — Necessity.

A violation of the corrupt practices act did not render the nomination or election ipso facto void, but only void in the event of a contest by a defeated candidate. Judd v. Polk, 267 Ky. 408 , 102 S.W.2d 325, 1937 Ky. LEXIS 323 ( Ky. 1937 ) (decided under prior law).

The county clerk could not refuse to place the name of a candidate on the ballot for the general election on the ground that the candidate violated the corrupt practices act in the primary, where the nomination had not been declared void in a contest of the primary. Judd v. Polk, 267 Ky. 408 , 102 S.W.2d 325, 1937 Ky. LEXIS 323 ( Ky. 1937 ) (decided under prior law).

5. Void Nomination or Election.

Where the evidence conclusively showed that both contestant and contestee violated the corrupt practices act, neither of them should be declared elected, but the election should be held void. Johnson v. Hall, 275 Ky. 395 , 121 S.W.2d 935, 1938 Ky. LEXIS 442 ( Ky. 1938 ) (decided under prior law).

Where a candidate who received the majority in a general election violated the corrupt practices act, the court must declare the office vacant and that it be filled in the manner provided by law. Brewer v. Compton, 276 Ky. 53 , 122 S.W.2d 1024, 1938 Ky. LEXIS 532 ( Ky. 1938 ) (decided under prior law).

The bribery of one vote was sufficient to void the nomination of a successful candidate. Carter v. Lambert, 288 Ky. 39 , 155 S.W.2d 38, 1941 Ky. LEXIS 41 ( Ky. 1941 ) (decided under prior law).

Under the former similar section the election of the successful candidate could have been declared void for a violation of the provisions of the corrupt practices act and it was not necessary to allege that the result of the election was affected. Sparks v. Boggs, 339 S.W.2d 480, 1960 Ky. LEXIS 472 ( Ky. 1960 ) (decided under prior law).

6. Knowledge of Misconduct.

Evidence of vote-buying was not sufficient to invalidate election, although it created a strong suspicion that candidate furnished the money and it was used on his behalf, when there was no evidence directly connecting the candidate with the furnishing or expenditure of the money. Hardin v. Horn, 184 Ky. 548 , 212 S.W. 573, 1919 Ky. LEXIS 105 ( Ky. 1919 ) (decided under prior law).

Use of money to buy votes would not invalidate an election unless it was by the candidate, or on his behalf and with his knowledge. Hardin v. Horn, 184 Ky. 548 , 212 S.W. 573, 1919 Ky. LEXIS 105 ( Ky. 1919 ). See Graham v. Alliston, 180 Ky. 687 , 203 S.W. 563, 1918 Ky. LEXIS 134 ( Ky. 1918 ) (decided under prior law).

The knowledge of a candidate that others have violated the corrupt practices act in his behalf may be established by circumstantial evidence, but the evidence must do more than merely raise a suspicion, even though the suspicion be strong. Douglas v. Greene, 231 Ky. 44 , 20 S.W.2d 1026, 1929 Ky. LEXIS 208 ( Ky. 1929 ) (decided under prior law).

Evidence was not sufficient to establish knowledge by candidate of vote-buying, notwithstanding proof that some of money came from candidate’s brothers and that chief vote-buyer was campaign manager of candidate. Douglas v. Greene, 231 Ky. 44 , 20 S.W.2d 1026, 1929 Ky. LEXIS 208 ( Ky. 1929 ) (decided under prior law).

Bribery by the candidate himself or by others with his knowledge could be proved by circumstances, but such evidence must have transcended mere suspicion and there must be a reasonable inference of guilty knowledge. Hogg v. Combs, 250 Ky. 400 , 63 S.W.2d 465, 1933 Ky. LEXIS 701 ( Ky. 1933 ) (decided under prior law).

Proof of open and widespread vote-buying by contestee’s supporters held sufficient to establish contestee’s knowledge. Mounts v. Hatfield, 250 Ky. 727 , 63 S.W.2d 928, 1933 Ky. LEXIS 766 ( Ky. 1933 ) (decided under prior law).

Bribery of voters was not sufficient to deprive candidate of nomination unless it was proved that the bribing was done by the candidate, or that he had knowledge that the bribing would be or was being done and ratified it affirmatively or by acquiescence. Prewitt v. Caudill, 250 Ky. 698 , 63 S.W.2d 954, 1933 Ky. LEXIS 778 ( Ky. 1933 ) (decided under prior law).

Evidence held insufficient to establish knowledge of candidate that others were buying votes for him, notwithstanding that his sons were participating in the buying and meetings to discuss distribution of funds were held in candidate’s home and offices. Prewitt v. Caudill, 250 Ky. 698 , 63 S.W.2d 954, 1933 Ky. LEXIS 778 ( Ky. 1933 ) (decided under prior law).

Evidence of a concerted plan or scheme to bribe voters, and of bribery by candidate’s wife, was sufficient to establish candidate’s knowledge. Howard v. Whittaker, 250 Ky. 836 , 64 S.W.2d 173, 1933 Ky. LEXIS 793 ( Ky. 1933 ) (decided under prior law).

Knowledge by a candidate of corrupt practices by others in his behalf could be proved by showing that he committed, consented to, or authorized others to commit, or personally observed the commission by others of, an act or acts in violation of the corrupt practices act, or by showing facts and circumstances surrounding the candidate and his workers during the period of preparation for the day of election, as well as on the election day. Howard v. Whittaker, 250 Ky. 836 , 64 S.W.2d 173, 1933 Ky. LEXIS 793 ( Ky. 1933 ) (decided under prior law).

Evidence of the actions and conduct of the workers, their private meetings with the candidate, their association or relation to him, their reputations of engaging in corrupt practices in other elections, and evidence of the actions and conduct of the candidate before and on the day of the election, and his reputation as to corrupt practices in other elections, was competent on the question of the candidate’s knowledge of bribery of voters by others on his behalf. Howard v. Whittaker, 250 Ky. 836 , 64 S.W.2d 173, 1933 Ky. LEXIS 793 ( Ky. 1933 ) (decided under prior law).

Elections should not be set aside unless facts show corrupt practices act was violated by candidate, or by others with his knowledge or sanction. Wheeler v. Marshall, 280 Ky. 55 , 132 S.W.2d 519, 1939 Ky. LEXIS 58 ( Ky. 1939 ) (decided under prior law).

Knowledge of misconduct could be inferred from circumstances, but the candidate was not liable for improper actions on the part of supporters and relatives in the absence of showing such fraudulent actions were authorized or ratified upon the part of the candidate. Wheeler v. Marshall, 280 Ky. 55 , 132 S.W.2d 519, 1939 Ky. LEXIS 58 ( Ky. 1939 ) (decided under prior law).

Candidate’s knowledge of misconduct by supporters and relatives may be inferred from circumstances, but the candidate is not liable for such fraudulent actions unless he authorized or ratified them. Wheeler v. Marshall, 280 Ky. 55 , 132 S.W.2d 519, 1939 Ky. LEXIS 58 ( Ky. 1939 ) (decided under prior law).

Closeness of association of candidate with those violating act on his behalf may impute knowledge on his part, where the acts were brazen and repeated. Davisworth v. Middleton, 288 Ky. 77 , 155 S.W.2d 450, 1941 Ky. LEXIS 45 ( Ky. 1941 ) (decided under prior law).

Before one may be deprived of office or nomination because of alleged violation of the act it must be shown by convincing evidence that the one charged must himself have violated its provisions, or that it was violated by another with his knowledge, consent or procurement. Hoskins v. Turner, 288 Ky. 72 , 155 S.W.2d 486, 1941 Ky. LEXIS 53 ( Ky. 1941 ) (decided under prior law).

Corruption could not be imputed to the candidate from the wrongful act itself. Gearheart v. Hill, 288 Ky. 12 , 155 S.W.2d 498, 1941 Ky. LEXIS 56 ( Ky. 1941 ). See Claypool v. Hines, 288 Ky. 18 , 155 S.W.2d 478, 1941 Ky. LEXIS 51 ( Ky. 1941 ) (decided under prior law).

7. Plurality.

In regular election contest, contestant who did not receive a plurality of the legal votes could not be declared elected. Hardin v. Horn, 184 Ky. 548 , 212 S.W. 573, 1919 Ky. LEXIS 105 ( Ky. 1919 ). See Noble v. Bowman, 249 Ky. 343 , 60 S.W.2d 948, 1933 Ky. LEXIS 525 ( Ky. 1933 ); Muncy v. Hughes, 265 Ky. 588 , 97 S.W.2d 546, 1936 Ky. LEXIS 548 ( Ky. 1936 ); Bogie v. Hill, 286 Ky. 732 , 151 S.W.2d 765, 1941 Ky. LEXIS 323 ( Ky. 1941 ) (decided under prior law).

The fact that the successful candidate received a large plurality would not prevent his election being declared void, where it was established that he violated the corrupt practices act. Howard v. Whittaker, 250 Ky. 836 , 64 S.W.2d 173, 1933 Ky. LEXIS 793 ( Ky. 1933 ) (decided under prior law).

8. Legal Expenditures.

The fact that a candidate had signed a note for a leader of a colored community was not sufficient to establish a violation of this section. Hogg v. Combs, 250 Ky. 400 , 63 S.W.2d 465, 1933 Ky. LEXIS 701 ( Ky. 1933 ) (decided under prior law).

Expenditure of money to transport voters to the polls was legitimate, and did not violate the corrupt practices act. Brandenberg v. Hurst, 290 Ky. 592 , 162 S.W.2d 223, 1942 Ky. LEXIS 471 ( Ky. 1942 ) (decided under prior law).

9. Pleading.

Violation of corrupt practices act could not be used as ground of contest where it was not alleged in the petition. Craft v. Davidson, 189 Ky. 378 , 224 S.W. 1082, 1920 Ky. LEXIS 436 ( Ky. 1920 ) (decided under prior law).

Petition alleging vote-buying on the part of the contestee was sufficient on demurrer, although it did not set forth the time, place, or names of persons involved. Bingham v. Smith, 210 Ky. 256 , 275 S.W. 811, 1925 Ky. LEXIS 655 ( Ky. 1925 ). See Goad v. Jackson, 270 Ky. 92 , 109 S.W.2d 17, 1937 Ky. LEXIS 25 ( Ky. 1937 ) (decided under prior law).

Where contestant’s petition alleged that contestee was guilty of vote-buying, it was not necessary to allege that the vote-buying affected the result of the election. Bingham v. Smith, 210 Ky. 256 , 275 S.W. 811, 1925 Ky. LEXIS 655 ( Ky. 1925 ) (decided under prior law).

Petition alleging that contestee violated corrupt practices act by bribing voters to vote for him, was sufficient without specifying the names or number of persons bribed. Combs v. Brock, 240 Ky. 269 , 42 S.W.2d 323, 1931 Ky. LEXIS 390 ( Ky. 1931 ). See Humbert v. Heyburn, 240 Ky. 405 , 42 S.W.2d 538, 1931 Ky. LEXIS 422 ( Ky. 1931 ); Goad v. Jackson, 270 Ky. 92 , 109 S.W.2d 17, 1937 Ky. LEXIS 25 ( Ky. 1937 ) (decided under prior law).

Petition alleging that contestee conspired with others to bribe voters, and that pursuant to such conspiracy voters and election officers were bribed, was sufficient, without specifically alleging that bribery was with contestee’s knowledge. Humbert v. Heyburn, 240 Ky. 405 , 42 S.W.2d 538, 1931 Ky. LEXIS 422 ( Ky. 1931 ) (decided under prior law).

Where only relief prayed for in petition was that contestant be declared nominated, and he was not entitled to such relief because of a defect in his petition, the court had no authority to declare contestee’s nomination void, although contestant would have been entitled to such a declaration had he so prayed. Humbert v. Heyburn, 240 Ky. 405 , 42 S.W.2d 538, 1931 Ky. LEXIS 422 ( Ky. 1931 ) (decided under prior law).

Petition seeking to have contestant declared nominated on ground that contestee violated corrupt practices act was fatally defective unless petition alleged that contestant did not himself violate the act. Humbert v. Heyburn, 240 Ky. 405 , 42 S.W.2d 538, 1931 Ky. LEXIS 422 ( Ky. 1931 ) (decided under prior law).

Failure of contestant to allege that he had not violated corrupt practices act was waived where contestee did not insist on ruling on demurrer but proceeded to set up counter-contest alleging violations by contestant, which contestant denied in reply. Mounts v. Hatfield, 250 Ky. 727 , 63 S.W.2d 928, 1933 Ky. LEXIS 766 ( Ky. 1933 ) (decided under prior law).

A statement that contestee had violated the provisions of the corrupt practices act by bribing voters to cast their ballots for him, and procuring others to do so with his knowledge and consent was sufficient. Kelley v. Barlow, 287 Ky. 680 , 155 S.W.2d 10, 1941 Ky. LEXIS 621 ( Ky. 1941 ) (decided under prior law).

Where contestant pleaded that he had not violated the corrupt practices act, which was denied by contestee, but prayed alternatively that the court adjudged no election, it was not necessary for contestee to allege violation of the act by contestant. Bartley v. Potter, 290 Ky. 509 , 161 S.W.2d 933, 1942 Ky. LEXIS 432 ( Ky. 1942 ) (decided under prior law).

In an election contest, once the action was properly filed, the Rules of Civil Procedure governed the time for filing an answer. Shackleford v. Barnette, 445 S.W.2d 449, 1969 Ky. LEXIS 166 ( Ky. 1969 ) (decided under prior law).

10. — Necessary Parties.

A candidate in the primary cannot be declared nominated because of violations of the corrupt practices act by his opponents unless all candidates who received more votes than he did were parties to the contest and were proved to have violated the corrupt practices act. A candidate who was not a party to the contest cannot be declared nominated, even though it appeared that all candidates who received more votes than he did violated the corrupt practices act. Mellon v. Goble, 210 Ky. 711 , 276 S.W. 830, 1925 Ky. LEXIS 760 ( Ky. 1925 ) (decided under prior law).

11. Evidence.

In order to establish violation of corrupt practices act there must be evidence creating more than a mere suspicion, but a violation may be established by circumstantial evidence. Proof of circumstances from which guilt may logically and reasonably be inferred is sufficient. Charles v. Flanary, 192 Ky. 511 , 233 S.W. 904, 1921 Ky. LEXIS 88 ( Ky. 1921 ) (decided under prior law).

Evidence consisting of the testimony of a number of witnesses to the effect that contestant and his supporters tried to buy their votes was sufficient to justify declaring his election void. Hibbard v. Page, 230 Ky. 638 , 20 S.W.2d 475, 1929 Ky. LEXIS 149 ( Ky. 1929 ). See Booher v. Smith, 230 Ky. 643 , 20 S.W.2d 477, 1929 Ky. LEXIS 150 ( Ky. 1929 ); Greene v. Cawood, 230 Ky. 823 , 20 S.W.2d 984, 1929 Ky. LEXIS 180 (Ky. 1929); Broughton v. Ridings, 247 Ky. 722 , 57 S.W.2d 672, 1933 Ky. LEXIS 449 ( Ky. 1933 ); Prewitt v. Caudill, 250 Ky. 698 , 63 S.W.2d 954, 1933 Ky. LEXIS 778 ( Ky. 1933 ); Ward v. Salyer, 283 Ky. 294 , 140 S.W.2d 1016, 1940 Ky. LEXIS 305 ( Ky. 1940 ) (decided under prior law).

Testimony of two (2) discredited witnesses as to vote-buying by contestant was insufficient to establish his guilt. Mounts v. Hatfield, 250 Ky. 727 , 63 S.W.2d 928, 1933 Ky. LEXIS 766 ( Ky. 1933 ) (decided under prior law).

Acts not technically constituting violations of the corrupt practices act may be shown to establish candidate’s intent, motive and willingness to violate the act. Howard v. Whittaker, 250 Ky. 836 , 64 S.W.2d 173, 1933 Ky. LEXIS 793 ( Ky. 1933 ) (decided under prior law).

Testimony that contestee purchased six votes was sufficient to deprive him of election. Scott v. Roberts, 265 Ky. 375 , 96 S.W.2d 1046, 1936 Ky. LEXIS 498 ( Ky. 1936 ) (decided under prior law).

Evidence to the effect that some witnesses testified that bank had solicited their support of appellee but it was shown that in every instance it was a perfectly legitimate request accompanied by condition that voter could see his way clear to do so and that bank received a few contributions for appellee but they were not reported to him was insufficient to establish that money spent by bank officers in election for city office was with knowledge of candidate. Gallagher v. Campbell, 267 Ky. 370 , 102 S.W.2d 340, 1937 Ky. LEXIS 328 ( Ky. 1937 ) (decided under prior law).

One violation of the corrupt practices act was sufficient to deprive one of the office to which he had been elected. Ward v. Salyer, 283 Ky. 294 , 140 S.W.2d 1016, 1940 Ky. LEXIS 305 ( Ky. 1940 ) (decided under prior law).

12. — Degree of Proof.

Charges of violation of corrupt practices act need not be proved beyond a reasonable doubt. Greene v. Cawood, 230 Ky. 823 , 20 S.W.2d 984, 1929 Ky. LEXIS 180 ( Ky. 1929 ) (decided under prior law).

Bribery by the candidate or by others with his knowledge may be proved by circumstances, and guilty knowledge may be inferred from such circumstances, but the evidence must transcend mere suspicion and there must be a reasonable inference of guilty knowledge. Hogg v. Combs, 250 Ky. 400 , 63 S.W.2d 465, 1933 Ky. LEXIS 701 ( Ky. 1933 ) (decided under prior law).

13. Necessity of Judgment in Contest Suit.

The fact that a candidate violated the corrupt practices act in the primary did not invalidate his nomination until it had been so adjudged in a contest of the nomination, and if there was no contest of the nomination his name would legally be printed on the ballot for the general election and votes cast for him would be legal votes. Hardin v. Horn, 184 Ky. 548 , 212 S.W. 573, 1919 Ky. LEXIS 105 ( Ky. 1919 ) (decided under prior law).

14. — Res Judicata.

Judgment in action for recount that stated that the election commissioners had improperly counted the ballots instituted after certificate of election had been issued was a bar to an action brought against candidate who received the highest number of votes on the ground that his election was the result of bribery, fraud and intimidation, the reception of illegal votes and corrupt practice violations. Wright v. Crase, 274 Ky. 628 , 119 S.W.2d 858, 1938 Ky. LEXIS 308 ( Ky. 1938 ) (decided under prior law).

Where in action brought by candidate who had received third highest number of votes it was shown that candidate who had received highest number was guilty of corrupt practices, but it was not shown that second highest candidate was guilty of such practices there was no judgment against highest candidate from which he could appeal, however, in second action brought by second highest candidate, highest candidate could appeal from finding that he was guilty of corrupt practices. Smith v. Ward, 280 Ky. 173 , 132 S.W.2d 762, 1939 Ky. LEXIS 84 ( Ky. 1939 ) (decided under prior law).

15. Violation in Primary, Ground for Contesting General Election.

The fact that a candidate violated the corrupt practices act in the primary cannot be established as a ground for contesting the general election, where the violation was not adjudged in a contest of the primary. Hardin v. Horn, 184 Ky. 548 , 212 S.W. 573, 1919 Ky. LEXIS 105 ( Ky. 1919 ) (decided under prior law).

In a contest of the final election of a candidate for the office of commissioner of a city of the second class operating under the commission form of government, violations of the corrupt practices act in the primary may be made grounds of contest, since there was no statutory procedure for contesting a primary held under the commission form of government. Kluemper v. Zimmer, 240 Ky. 225 , 41 S.W.2d 1111, 1931 Ky. LEXIS 370 ( Ky. 1931 ) (decided under prior law).

16. Criminal Conviction.

It was not necessary that there had been a criminal conviction of bribery in order to throw out, in a contest proceeding, votes secured by bribery. Noble v. Bowman, 249 Ky. 343 , 60 S.W.2d 948, 1933 Ky. LEXIS 525 ( Ky. 1933 ) (decided under prior law).

Cited:

Kentucky Registry of Election Finance v. Jordan, 583 S.W.2d 90, 1979 Ky. App. LEXIS 424 (Ky. Ct. App. 1979); Brown v. Hartlage, 456 U.S. 45, 102 S. Ct. 1523, 71 L. Ed. 2d 732, 1982 U.S. LEXIS 92 (1982); Burkhart v. Blanton, 635 S.W.2d 328, 1982 Ky. App. LEXIS 222 (Ky. Ct. App. 1982).

Research References and Practice Aids

Kentucky Law Journal.

Comments, Freedom of Speech: The Case of the “Corrupt” Campaign Promise, 70 Ky. L.J. 203 (1982).

Northern Kentucky Law Review.

Weber and Felts, The Strange Case of The RecklessPromise: Reflections on Brown v. Hartlage, 10 N. Ky. L. Rev. 227 (1983).

ALR

Necessity as justifying action in election contest by officer otherwise disqualified to act. 39 A.L.R. 1476.

120.017. Administrative or clerical errors as grounds for contest — Action brought in Circuit Court — Recount — Appeal.

  1. It  shall be the duty of precinct election officers at all primary, regular, 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 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 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 proper 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, the  ballots, boxes and all papers pertaining to the 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.

History. Enact. Acts 1982, ch. 295, § 1, effective July 15, 1982.

120.020. Meeting of presidential electors — Filling vacancy if elector fails to attend. [Repealed.]

Compiler’s Notes.

This section (1543, 1544: amend. Acts 1966, ch. 255, § 124) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.445 to 118.475 .

120.030. Compensation of presidential electors. [Repealed.]

Compiler’s Notes.

This section (1545) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.445 to 118.475 .

120.040. Election of United States senators. [Repealed.]

Compiler’s Notes.

This section (1546-1) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.445 to 118.475 .

120.050. Time of election of congressmen. [Repealed.]

Compiler’s Notes.

This section (1515) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.445 to 118.475 .

Primary Elections

120.055. Procedure for contest of primary election. [Effective until July 15, 2020]

Any candidate or slate of candidates for nomination to office at a primary election 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 election 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 or slate of candidates for nomination to the office, may contest the right of the successful candidate or slate of candidates, and of any other candidate or slate of candidates 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 election, 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 or slates 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 home with a member of his family over sixteen (16) years of age, or by posting a copy on the door of his residence. The contestee shall file his 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 or slate of candidates 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.

History. Enact. Acts 1974, ch. 130, § 158; 1976, ch. 62, § 87; 1976, ch. 199, § 3; 1992, ch. 288, § 42, effective July 14, 1992.

NOTES TO DECISIONS

1. Contesting Elections.

Action contesting the primary election of city commissioners for a second-class city with a city manager form of government was dismissed, since KRS 118.015 to 118.035 and KRS 118.105 to 118.255 make no provision for such proceedings and KRS 118.105 (4) expressly excludes this type of office from the provisions of the chapter. Thompson v. Kenton County Board of Election Com., 535 S.W.2d 68, 1975 Ky. LEXIS 4 ( Ky. 1975 ), cert. denied, 423 U.S. 1083, 96 S. Ct. 873, 47 L. Ed. 2d 94, 1976 U.S. LEXIS 1215 (U.S. 1976).

The right to contest a primary election is not inherent, but is given and controlled by statute. Brumleve v. Cronan, 176 Ky. 818 , 197 S.W. 498, 1917 Ky. LEXIS 134 ( Ky. 1917 ). See Hall v. Bryant, 210 Ky. 260 , 275 S.W. 825, 1925 Ky. LEXIS 656 ( Ky. 1925 ); Dodge v. Johnson, 210 Ky. 843 , 276 S.W. 984, 1925 Ky. LEXIS 793 ( Ky. 1925 ); Kash v. Smith, 250 Ky. 490 , 63 S.W.2d 617, 1933 Ky. LEXIS 737 ( Ky. 1933 ) (decided under prior law).

If recount proceeding only was instituted before certificate of nomination had been issued, a separate contest proceeding could thereafter be instituted. Kincaid v. Hurst, 287 Ky. 824 , 155 S.W.2d 225, 1941 Ky. LEXIS 642 ( Ky. 1941 ) (decided under prior law).

The right to a recount or to contest an election is purely statutory. Wilhoit v. Liles, 300 Ky. 564 , 189 S.W.2d 851, 1945 Ky. LEXIS 599 ( Ky. 1945 ); WATTS v. FUGATE, 442 S.W.2d 569, 1969 Ky. LEXIS 271 (Ky. Ct. App. 1969) (decided under prior law).

2. Petition.
3. — Sufficiency.

Where illegal votes constituted a ground of contest, the petition had to allege the names of the illegal voters and the precinct in which they voted; contestant could not introduce proof as to illegal votes under a general allegation as to illegal voting by persons unknown. Weller v. Muenninghoff, 155 Ky. 77 , 159 S.W. 632, 1913 Ky. LEXIS 191 ( Ky. 1913 ) (decided under prior law).

Allegation of petition that “an accurate, fair and impartial count” of the ballots would show that contestant received more votes than contestee was sufficient to authorize a recount, it being unnecessary to use the words “mistake,” “oversight” or “fraud” in charging an erroneous count. Thurman v. Alvey, 192 Ky. 341 , 233 S.W. 749, 1921 Ky. LEXIS 63 ( Ky. 1921 ) (decided under prior law).

Where illegal votes are made a ground of contest, the petition must allege the names of the voters and the facts which made their votes illegal. Thurman v. Alvey, 192 Ky. 341 , 233 S.W. 749, 1921 Ky. LEXIS 63 ( Ky. 1921 ). See Combs v. Brock, 240 Ky. 269 , 42 S.W.2d 323, 1931 Ky. LEXIS 390 ( Ky. 1931 ); Humbert v. Heyburn, 240 Ky. 405 , 42 S.W.2d 538, 1931 Ky. LEXIS 422 ( Ky. 1931 ); Brock v. Williams, 260 Ky. 569 , 86 S.W.2d 324, 1935 Ky. LEXIS 524 ( Ky. 1935 ); Kelley v. Barlow, 287 Ky. 680 , 155 S.W.2d 10, 1941 Ky. LEXIS 621 ( Ky. 1941 ) (decided under prior law).

Allegation that contestee formed a pool with other candidates for purpose of bribing voters, and that large sum was contributed and used for bribery, was not sufficient where the names of the other candidates, the names of the persons bribed, the method of bribing, and the precincts where the bribery was committed were not alleged. Owsley v. Hill, 210 Ky. 285 , 275 S.W. 797, 1925 Ky. LEXIS 661 ( Ky. 1925 ) (decided under prior law).

Where facts alleged in petition showed that contestant had necessary qualifications for office, it was not necessary that eligibility be alleged in specific terms. Bingham v. Smith, 210 Ky. 256 , 275 S.W. 811, 1925 Ky. LEXIS 655 ( Ky. 1925 ) (decided under prior law).

It was not necessary for contestant to allege that his nomination papers were properly filed; it was sufficient if he alleged that he was a candidate and his name regularly appeared on the ballot. Bingham v. Smith, 210 Ky. 256 , 275 S.W. 811, 1925 Ky. LEXIS 655 ( Ky. 1925 ) (decided under prior law).

Petition alleging illegal voting in certain precincts was not sufficient unless it further alleged that the throwing out of the illegal votes would give the contestant a plurality of the remaining votes. Baker v. Colson, 210 Ky. 277 , 275 S.W. 879, 1925 Ky. LEXIS 659 ( Ky. 1925 ) (decided under prior law).

Petition alleging that contestee conspired with others to bribe voters, and that pursuant to such conspiracy voters and election officers were bribed, was sufficient, without alleging names and number of persons bribed. Humbert v. Heyburn, 240 Ky. 405 , 42 S.W.2d 538, 1931 Ky. LEXIS 422 ( Ky. 1931 ) (decided under prior law).

An allegation that contestee violated the Corrupt Practices Act by bribing voters was sufficient without setting out the names of voters bribed or their number, or other details or particulars. Goad v. Jackson, 270 Ky. 92 , 109 S.W.2d 17, 1937 Ky. LEXIS 25 ( Ky. 1937 ). See Bingham v. Smith, 210 Ky. 256 , 275 S.W. 811, 1925 Ky. LEXIS 655 ( Ky. 1925 ); Combs v. Brock, 240 Ky. 269 , 42 S.W.2d 323, 1931 Ky. LEXIS 390 ( Ky. 1931 ) (decided under prior law).

Petition alleging that candidate for tax commissioner entered into a conspiracy with other candidates for the purpose of committing fraud, and that the candidate contributed $4,000 which was used for buying votes in violation of the Corrupt Practices Act, and that more than 600 votes were bought, sufficiently stated a cause of action, although the names of the bribed voters were not given and the petition referred to sections of the Corrupt Practices Act having no bearing on the alleged violations. Goad v. Jackson, 270 Ky. 92 , 109 S.W.2d 17, 1937 Ky. LEXIS 25 ( Ky. 1937 ) (decided under prior law).

The successful candidate may initiate contest proceedings as soon as his prima facie status is attacked by the unsuccessful party in recount proceedings. Moore v. Stephenson, 279 Ky. 780 , 132 S.W.2d 316, 1939 Ky. LEXIS 357 ( Ky. 1939 ) (decided under prior law).

Voter could not institute contest for violation of Corrupt Practices Act; such right was conferred only on defeated candidates. Davis v. Stahl, 287 Ky. 629 , 154 S.W.2d 736, 1941 Ky. LEXIS 607 ( Ky. 1941 ) (decided under prior law).

Where two of nine candidates for six positions of city councilman tied for sixth, each having same number of votes, either of tied candidates could maintain contest. Musgrave v. Jenkins, 419 S.W.2d 582, 1967 Ky. LEXIS 175 ( Ky. 1967 ) (decided under prior law).

Where two of nine candidates for six positions of city councilman tied for sixth, each having same number of votes, either of tied candidates could maintain contest. Musgrave v. Jenkins, 419 S.W.2d 582, 1967 Ky. LEXIS 175 ( Ky. 1967 ) (decided under prior law).

In filing an election contest based upon the casting of individual illegal votes, the contestant must allege for whom each of the identified illegal voters cast his ballot. Coomer v. Tamme, 777 S.W.2d 607, 1989 Ky. App. LEXIS 120 (Ky. Ct. App. 1989).

Where a petition contesting a primary election alleged that 55 individuals voted in that election although they were not eligible to do so, but where it did not identify for whom the illegal voters had cast their ballots, the petition was deficient under this section. Coomer v. Tamme, 777 S.W.2d 607, 1989 Ky. App. LEXIS 120 (Ky. Ct. App. 1989).

4. Power of Courts.

There is no inherent power in the courts to pass upon the validity of elections or to try contested elections; their authority is wholly statutory and must be either given expressly or by necessary implication. Pflanz v. Foster, 155 Ky. 15 , 159 S.W. 641, 1913 Ky. LEXIS 193 ( Ky. 1913 ). See Davis v. Stahl, 287 Ky. 629 , 154 S.W.2d 736, 1941 Ky. LEXIS 607 ( Ky. 1941 ) (decided under prior law).

In election contest, court acquired jurisdiction of the subject-matter when the petition was filed and it could proceed with the trial of the case as soon as it acquired jurisdiction over the person of the contestee, and such jurisdiction could be acquired by service of process on him or by his voluntary appearance and submission. Hudson v. Manning, 250 Ky. 760 , 63 S.W.2d 943, 1933 Ky. LEXIS 774 ( Ky. 1933 ) (decided under prior law).

5. — Initiation.

No one but a candidate may contest a primary election. Hardin v. Horn, 184 Ky. 548 , 212 S.W. 573, 1919 Ky. LEXIS 105 ( Ky. 1919 ) (decided under prior law).

A candidate could contest the nomination of his opponent even though the contestant could not be declared elected if the contest was successful. Greene v. Cawood, 230 Ky. 823 , 20 S.W.2d 984, 1929 Ky. LEXIS 180 ( Ky. 1929 ). See Kluemper v. Zimmer, 240 Ky. 225 , 41 S.W.2d 1111, 1931 Ky. LEXIS 370 ( Ky. 1931 ); Hart v. Rose, 255 Ky. 576 , 75 S.W.2d 43, 1934 Ky. LEXIS 297 ( Ky. 1934 ); Kelley v. Barlow, 287 Ky. 680 , 155 S.W.2d 10, 1941 Ky. LEXIS 621 ( Ky. 1941 ) (decided under prior law).

Where candidate for Circuit Judge ran in both Republican and Democratic primaries, opponent who ran only in Democratic primary could contest Democratic nomination, but not Republican. Prewitt v. Caudill, 250 Ky. 698 , 63 S.W.2d 954, 1933 Ky. LEXIS 778 ( Ky. 1933 ) (decided under prior law).

The successful candidate may initiate contest proceedings as soon as his prima facie status is attacked by the unsuccessful party in recount proceedings. Moore v. Stephenson, 279 Ky. 780 , 132 S.W.2d 316, 1939 Ky. LEXIS 357 ( Ky. 1939 ) (decided under prior law).

Voter could not institute contest for violation of Corrupt Practices Act; such right was conferred only on defeated candidates. Davis v. Stahl, 287 Ky. 629 , 154 S.W.2d 736, 1941 Ky. LEXIS 607 ( Ky. 1941 ) (decided under prior law).

Where two of nine candidates for six positions of city councilman tied for sixth, each having same number of votes, either of tied candidates could maintain contest. Musgrave v. Jenkins, 419 S.W.2d 582, 1967 Ky. LEXIS 175 ( Ky. 1967 ) (decided under prior law).

6. — Grounds.

Primary could not be contested on ground that contestee was not properly nominated and was not entitled to be on the ballot. Wheeler v. Patrick, 192 Ky. 529 , 233 S.W. 1054, 1921 Ky. LEXIS 99 ( Ky. 1921 ). See Bingham v. Smith, 210 Ky. 256 , 275 S.W. 811, 1925 Ky. LEXIS 655 ( Ky. 1925 ) (decided under prior law).

Petition alleging conduct which consisted of nothing more than ordinary electioneering tactics did not state valid ground of contest. Baker v. Colson, 210 Ky. 277 , 275 S.W. 879, 1925 Ky. LEXIS 659 ( Ky. 1925 ) (decided under prior law).

7. Summons.

Recitation in return by officer of steps taken in effort to make personal service on contestee held sufficient to justify substituted service by leaving copy with contestee’s wife and posting copy on door of residence. Walker v. Taylor, 230 Ky. 689 , 20 S.W.2d 727, 1929 Ky. LEXIS 163 ( Ky. 1929 ) (decided under prior law).

Evidence that summons was served on neighbor was insufficient to overcome officer’s return stating that summons was served on contestee’s wife. Greene v. Cawood, 230 Ky. 823 , 20 S.W.2d 984, 1929 Ky. LEXIS 180 ( Ky. 1929 ) (decided under prior law).

If contestant filed his petition and caused summons to be issued within sufficient time, his right of action would not be defeated by failure of clerk to issue a proper summons. Humbert v. Heyburn, 240 Ky. 405 , 42 S.W.2d 538, 1931 Ky. LEXIS 422 ( Ky. 1931 ) (decided under prior law).

The return on the summons could be amended to accord with the true facts, even after the time for pleading had expired. Hudson v. Manning, 250 Ky. 760 , 63 S.W.2d 943, 1933 Ky. LEXIS 774 ( Ky. 1933 ) (decided under prior law).

Where circuit clerk disappeared on last day for filing contest petition, leaving no deputy with whom petition could be filed, and there was ample evidence that disappearance was result of conspiracy between clerk and contestee, the filing of the petition with the jailer at the clerk’s office on the last day, and the service of notice of the filing on the contestee, followed by issuance of a summons on the day when the clerk returned, was sufficient to give the court jurisdiction of the suit. Prewitt v. Caudill, 250 Ky. 698 , 63 S.W.2d 954, 1933 Ky. LEXIS 778 ( Ky. 1933 ) (decided under prior law).

8. — Filing.

The contestee’s answer could be verified after the time for filing answer had expired. Hudson v. Manning, 250 Ky. 760 , 63 S.W.2d 943, 1933 Ky. LEXIS 774 ( Ky. 1933 ) (decided under prior law).

Where petition had been filed and summons issued, contestee was not required to await service of the summons before filing his answer, but could waive service and enter his appearance by answer. Hudson v. Manning, 250 Ky. 760 , 63 S.W.2d 943, 1933 Ky. LEXIS 774 ( Ky. 1933 ) (decided under prior law).

When petition was lodged with clerk within 15-day period, but filing fee was not paid until after expiration of period, action was dismissed because not “filed” within statutory period. Hawkins v. Colbert, 292 Ky. 84 , 165 S.W.2d 984, 1942 Ky. LEXIS 34 ( Ky. 1942 ) (decided under prior law).

Since under this section a suit to contest a primary election must be commenced within 15 days from the date of election and an action is commenced when summons is given to the sheriff, where June 12th was the last day appellant could have commenced his action and he filed his complaint on June 11th and secured a summons from the clerk but did not deliver it to the sheriff until June 14th and sheriff did not deliver it until June 15th and there was no valid reason for the delay, suit was not commenced within the 15-day required period. Wooton v. Begley, 305 S.W.2d 270, 1957 Ky. LEXIS 299 ( Ky. 1957 ) (decided under prior law).

In an election contest, once the action was properly filed, the Rules of Civil Procedure governed the time for filing an answer. Shackleford v. Barnette, 445 S.W.2d 449, 1969 Ky. LEXIS 166 ( Ky. 1969 ) (decided under prior law).

Where the clerk received the election contest documents without indicating that it was not being accepted as filed or without indicating that it was not to be docketed until the fee was paid, the election contest was properly filed despite the failure of the attorney to pay the filing fee. Ritchie v. Mann, 500 S.W.2d 62, 1973 Ky. LEXIS 199 ( Ky. 1973 ) (decided under prior law).

9. — Amending.

Amendment alleging bribery contract between candidate and supporter could not be filed after time for instituting contest had expired, although original petition alleged bribery in general terms. Taylor v. Weir, 155 Ky. 72 , 159 S.W. 646, 1913 Ky. LEXIS 194 ( Ky. 1913 ) (decided under prior law).

Petition alleging that a number of illegal votes were cast openly on the table, but not naming the voters, could not be amended, after the time for filing the original petition had expired, to set forth the names of the voters. Kash v. Hurst, 189 Ky. 233 , 224 S.W. 757, 1920 Ky. LEXIS 408 ( Ky. 1920 ) (decided under prior law).

Amendment not stating new ground of contest, or making original ground more definite, but merely supplying a jurisdictional fact which had been omitted inadvertently from the original petition, was permissible. Damron v. Johnson, 192 Ky. 350 , 233 S.W. 745, 1921 Ky. LEXIS 60 ( Ky. 1921 ) (decided under prior law).

Where post-primary expense statement was not filed until after time for bringing contest had expired, contestant could amend his petition to set forth grounds of contest disclosed by statement, but amendment had to be filed within ten days after statement was filed. Taylor v. Neutzel, 220 Ky. 510 , 295 S.W. 873, 1927 Ky. LEXIS 575 ( Ky. 1927 ) (decided under prior law).

Contestant could not amend his petition to allege names of illegal voters, although stub books containing names of voters were locked in ballot boxes and not available to him until more than 15 days after election. Kash v. Smith, 250 Ky. 490 , 63 S.W.2d 617, 1933 Ky. LEXIS 737 ( Ky. 1933 ). See Brock v. Williams, 260 Ky. 569 , 86 S.W.2d 324, 1935 Ky. LEXIS 524 ( Ky. 1935 ) (decided under prior law).

The provision that no ground of contest shall be filed or made more definite by amendment after the expiration of the time given for filing the original pleading was mandatory. Kash v. Smith, 250 Ky. 490 , 63 S.W.2d 617, 1933 Ky. LEXIS 737 ( Ky. 1933 ). See Brock v. Williams, 260 Ky. 569 , 86 S.W.2d 324, 1935 Ky. LEXIS 524 ( Ky. 1935 ) (decided under prior law).

The provision of this section that a ground of contest shall not be filed or made more definite by amendment after the time for filing the original pleading has expired did not prevent the contestee from filing, prior to the time the contest was instituted, an amended expense account statement under KRS 123.060 (repealed), correcting errors in the original statement filed by him. Best v. Sidebottom, 270 Ky. 423 , 109 S.W.2d 826, 1937 Ky. LEXIS 86 ( Ky. 1937 ) (decided under prior law).

Amendments not injecting a new ground of contest, or relating to existing grounds of contest, are permissible. Wooton v. Smith, 288 Ky. 48 , 155 S.W.2d 466, 1941 Ky. LEXIS 49 ( Ky. 1941 ) (decided under prior law).

Where contestant in primary election contest filed amended petition in Circuit Court 23 days after the primary, the amendment was filed too late, as the provision of the former similar section relating to amendment was mandatory. Holley v. Burke, 300 Ky. 571 , 189 S.W.2d 862, 1945 Ky. LEXIS 603 ( Ky. 1945 ) (decided under prior law).

Amendment to petition tendered 33 days after the election, enlarging the grounds of the contest by naming additional alleged illegal voters, was offered too late, even though the contestee had moved the court to require contestant to make his petition more specific and certain. The former similar section was mandatory and prohibited the filing of any pleading more than 15 days after the election making the grounds of the contest more definite, whether by agreement of the parties or not. Bennett v. Cavanah, 300 Ky. 655 , 190 S.W.2d 17, 1945 Ky. LEXIS 621 ( Ky. 1945 ) (decided under prior law).

Contestant was not entitled to add names of claimed illegal voters by amendment filed after the time for filing the original contest expired and consequently such names could not be added to the names theretofore set out in order to determine whether 20 percent of the total vote had been challenged. Davis v. Britt, 394 S.W.2d 738, 1965 Ky. LEXIS 197 ( Ky. 1965 ) (decided under prior law).

10. Answer.

The court could extend the time in which the contestee was required to answer. Weller v. Muenninghoff, 155 Ky. 77 , 159 S.W. 632, 1913 Ky. LEXIS 191 ( Ky. 1913 ) (decided under prior law).

Where contestee’s answer was defective because it consisted only of negative pregnants, it was proper to allow defendant to amend his answer for the purpose of making specific denials. Roby v. Croan, 177 Ky. 9 , 197 S.W. 456, 1917 Ky. LEXIS 534 ( Ky. 1917 ) (decided under prior law).

Where respondent was attempting to transverse the allegations of the notice, demurrer to answer was properly sustained. Roby v. Croan, 177 Ky. 9 , 197 S.W. 456, 1917 Ky. LEXIS 534 ( Ky. 1917 ) (decided under prior law).

11. Jurisdiction or Venue.

Where none of defendants in contest action were residents of Franklin County, Circuit Court of Franklin County had no jurisdiction of action. Hawkins v. Colbert, 292 Ky. 84 , 165 S.W.2d 984, 1942 Ky. LEXIS 34 ( Ky. 1942 ) (decided under prior law).

12. Reply.

Contestant could not set up new grounds of contest in his reply. Kean v. Whittle, 210 Ky. 273 , 275 S.W. 818, 1925 Ky. LEXIS 658 ( Ky. 1925 ) (decided under prior law).

13. Pleading.

If no objection was raised by contestee to the pleading, and evidence was permitted as to illegal votes not described in the petition, the contestee could not object for the first time when the case was submitted for judgment. Weller v. Muenninghoff, 155 Ky. 77 , 159 S.W. 632, 1913 Ky. LEXIS 191 ( Ky. 1913 ) (decided under prior law).

The contestee, by filing answer and counter-contest, did not waive his right to rely upon a demurrer, motion to strike or other motion affecting the jurisdiction of the court or sufficiency of service which had been filed before or simultaneously with the answer. Lay v. Rose, 177 Ky. 303 , 197 S.W. 921, 1917 Ky. LEXIS 603 ( Ky. 1917 ) (decided under prior law).

Pleadings should be liberally construed. Thurman v. Alvey, 192 Ky. 341 , 233 S.W. 749, 1921 Ky. LEXIS 63 ( Ky. 1921 ). See Williams v. Howard, 192 Ky. 395 , 233 S.W. 756, 1921 Ky. LEXIS 67 ( Ky. 1921 ) (decided under prior law).

Fact that contestee received illegal open votes did not estop him from charging that contestant received illegal open votes in same precinct. Kean v. Whittle, 210 Ky. 273 , 275 S.W. 818, 1925 Ky. LEXIS 658 ( Ky. 1925 ) (decided under prior law).

Where contestant alleges in one paragraph his candidacy for the office, and his qualifications and eligibility for the nomination, it was not necessary, in subsequent paragraphs setting forth various grounds of contest, to repeat such general allegations. Combs v. Brock, 240 Ky. 269 , 42 S.W.2d 323, 1931 Ky. LEXIS 390 ( Ky. 1931 ) (decided under prior law).

The fact that the clerk made the summons returnable in 20 days rather than ten days did not furnish grounds for demurrer or motion to quash summons. Humbert v. Heyburn, 240 Ky. 405 , 42 S.W.2d 538, 1931 Ky. LEXIS 422 ( Ky. 1931 ) (decided under prior law).

Where unsuccessful candidate in primary election brought proceedings for recount, and before filing answer in that action successful candidate brought contest proceedings in the proper county, and then filed answer in recount proceedings, setting up grounds of contests, plea of abatement to so much of the answer as sought to set up grounds of contest not related to recount was properly sustained. Moore v. Stephenson, 279 Ky. 780 , 132 S.W.2d 316, 1939 Ky. LEXIS 357 ( Ky. 1939 ) (decided under prior law).

Where amended complaint in contest of primary election listed less than 20 percent of the votes cast as being illegal and did not state how the illegal voters voted, the complaint did not state facts upon which relief could be granted. Davis v. Britt, 394 S.W.2d 738, 1965 Ky. LEXIS 197 ( Ky. 1965 ) (decided under prior law).

Where the contest of a primary election was premised on the ineligibility of voters, it was not necessary to include a claim of fraud, intimidation, bribery or violence. Musgrave v. Jenkins, 419 S.W.2d 582, 1967 Ky. LEXIS 175 ( Ky. 1967 ) (decided under prior law).

14. Time of Trial.

Where regular judge disqualified himself and there was some delay in obtaining a special judge, the trial could properly be commenced at a later date than five (5) days after issue was joined. Charles v. Flanary, 192 Ky. 511 , 233 S.W. 904, 1921 Ky. LEXIS 88 ( Ky. 1921 ) (decided under prior law).

The provision in former similar section that the judge should proceed to a trial within five (5) days after the issue was joined was merely directory. Charles v. Flanary, 192 Ky. 511 , 233 S.W. 904, 1921 Ky. LEXIS 88 ( Ky. 1921 ). See Seals v. Elam, 240 Ky. 485 , 42 S.W.2d 700, 1931 Ky. LEXIS 429 ( Ky. 1931 ) (decided under prior law).

Upon the return of the summons the clerk should immediately notify the judge, and the judge should proceed to a trial within five (5) days after issue is joined, but a failure of either to perform such duty would not prejudice any rights of the parties to the contest. Seals v. Elam, 240 Ky. 485 , 42 S.W.2d 700, 1931 Ky. LEXIS 429 ( Ky. 1931 ) (decided under prior law).

15. Res Judicata.

Adverse judgment in recount proceeding was not res judicata so as to preclude subsequent election contest, notwithstanding petitioner, in proceeding obviously for recount, alleged that election commissioners tabulated ballots but made mistake in counting them, especially where proceeding was captioned as petition for recount, prayed for recount, and judgment therein provided that it should not affect parties’ rights to maintain or defend contest action. Kincaid v. Hurst, 287 Ky. 824 , 155 S.W.2d 225, 1941 Ky. LEXIS 642 ( Ky. 1941 ) (decided under prior law).

Cited in

Ky. State Bd. of Elections v. Faulkner, 591 S.W.3d 398, 2018 Ky. LEXIS 525 ( Ky. 2018 ).

Research References and Practice Aids

ALR

Quo warranto to test result of primary election. 86 A.L.R. 246.

Joinder of several having similar interests to enforce election rights. 87 A.L.R. 530.

State court jurisdiction over contest involving primary election for member of congress. 68 A.L.R.2d 1320.

120.055. Procedure for contest of primary. [Effective July 15, 2020]

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.

HISTORY: Enact. Acts 1974, ch. 130, § 158; 1976, ch. 62, § 87; 1976, ch. 199, § 3; 1992, ch. 288, § 42, effective July 14, 1992; 2020 ch. 88, § 8, effective July 15, 2020.

120.060. Congressional districts. [Repealed.]

Compiler’s Notes.

This section (418a: amend. Acts 1952, ch. 219, § 1; 1956, ch. 50) was repealed by Acts 1962, ch. 98, § 2.

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. Enact. Acts 1974, ch. 130, § 159; 1976 (Ex. Sess.), ch. 14, § 133.

NOTES TO DECISIONS

1. Void Election.

Evidence showing that a number of illegal votes in excess of the contestee’s majority were cast in the election, but not showing for whom such votes were cast, would not authorize the court to declare the election void or to declare the contestant nominated. Taylor v. Weir, 155 Ky. 72 , 159 S.W. 646, 1913 Ky. LEXIS 194 ( Ky. 1913 ). See Kash v. Hurst, 189 Ky. 233 , 224 S.W. 757, 1920 Ky. LEXIS 408 ( Ky. 1920 ) (decided under prior law).

Where there was no evidence of general fraud, coercion, intimidation, bribery or illegal practices, the mere fact that three illegal votes were cast in one precinct, the election officers in another precinct failed to mark the fact of voting on the registration records, the election officers in another precinct marked the registration records as though all registered voters had voted, mistakes were made in adding up the votes in some precincts, and the ballot boxes in some precincts were stolen after the canvass of returns was completed, was not sufficient to require that the entire election be held void. Ferguson v. Gregory, 216 Ky. 382 , 287 S.W. 952, 1926 Ky. LEXIS 935 ( Ky. 1926 ) (decided under prior law).

Evidence of stuffing of ballot box, open voting, voting of unqualified and nonexistent persons, and interference with legal voters, was sufficient to justify throwing out entire vote of precinct. Hatcher v. Petry, 261 Ky. 52 , 86 S.W.2d 1043, 1935 Ky. LEXIS 587 ( Ky. 1935 ) (decided under prior law).

Where election was voided by Supreme Court for candidate’s violations of KRS 117.235 and KRS 121.055 , the trial court had jurisdiction to enforce the order by ordering candidate to vacate the office. Ellis v. Jasmin, 968 S.W.2d 669, 1998 Ky. LEXIS 91 ( Ky. 1998 ).

2. Sufficiency of Evidence.

Where four voters were not permitted to vote in an election because of a clerical error which they could have corrected on election day and voted thereafter but no other election transgressions were shown, there was no evidence to authorize the court in depriving the winner of the office to which she was elected. Kirk v. Harmon, 557 S.W.2d 220, 1977 Ky. App. LEXIS 831 (Ky. Ct. App. 1977).

3. Electioneering by Officials.

A candidate for alderman violated KRS 117.235 and KRS 121.055 by shaking hands with voters and making free food available to voters at ten (10) of fifteen (15) voting stations in his ward; as the candidate won by a mere eight (8) vote plurality, the election was set aside as possibly influenced or made unfair by the illegal electioneering. Ellis v. Meeks, 957 S.W.2d 213, 1997 Ky. LEXIS 101 ( Ky. 1997 ).

4. Illegal Votes.

Where it was possible to determine for whom illegal votes were cast, or to determine beyond doubt the correct legal vote of a precinct, the entire vote of the precinct would not be thrown out because of illegal voting or ballot-box stuffing. Kash v. Hurst, 189 Ky. 233 , 224 S.W. 757, 1920 Ky. LEXIS 408 ( Ky. 1920 ) (decided under prior law).

If it could be shown for whom illegal votes were cast, the party claiming such illegality must do so. Johnson v. Caddell, 251 Ky. 14 , 64 S.W.2d 441, 1933 Ky. LEXIS 807 ( Ky. 1933 ) (decided under prior law).

Where names of illegal voters could be determined from stub books, and how they voted from their testimony, election could not be declared void although number of illegal votes exceeded 20 percent of total cast. Johnson v. Caddell, 251 Ky. 14 , 64 S.W.2d 441, 1933 Ky. LEXIS 807 ( Ky. 1933 ) (decided under prior law).

Before a contestant was entitled to have the vote of an entire precinct thrown out he had to make some attempt to purge the illegal votes by showing for whom they were cast. Brock v. Williams, 260 Ky. 569 , 86 S.W.2d 324, 1935 Ky. LEXIS 524 ( Ky. 1935 ) (decided under prior law).

Officers of election or other persons who witnessed open voting were competent to testify as to how votes were cast. Runyon v. Trent, 270 Ky. 134 , 109 S.W.2d 396, 1937 Ky. LEXIS 40 ( Ky. 1937 ) (decided under prior law).

5. Ballot Box.

Where ballot boxes and stub books of several precincts were stolen after election commissioners had completed canvass of returns, vote of such precincts would not be thrown out but certificate of returns would be accepted as correct. Ferguson v. Gregory, 216 Ky. 382 , 287 S.W. 952, 1926 Ky. LEXIS 935 ( Ky. 1926 ) (decided under prior law).

Both in contest and recount proceedings, before ballot box could be opened, applicant had to prove that box had been kept as required by law and that ballots had not been tampered with. Jenkins v. Martin, 287 Ky. 557 , 154 S.W.2d 242, 1941 Ky. LEXIS 578 ( Ky. 1941 ) (decided under prior law).

6. Bribery.

It was not necessary that there had been a criminal conviction of bribery in order to throw out, in a contest proceeding, votes secured by bribery. Noble v. Bowman, 249 Ky. 343 , 60 S.W.2d 948, 1933 Ky. LEXIS 525 ( Ky. 1933 ) (decided under prior law).

7. Costs.

The unsuccessful party had to pay all of the costs. Hatcher v. Petry, 261 Ky. 52 , 86 S.W.2d 1043, 1935 Ky. LEXIS 587 ( Ky. 1935 ) (decided under prior law).

8. New Trial.

Since no provision was made for a motion for a new trial, it was not necessary that such a motion be made in order to perfect an appeal. Wilhoit v. Liles, 300 Ky. 564 , 189 S.W.2d 851, 1945 Ky. LEXIS 599 ( Ky. 1945 ) (decided under prior law).

9. Depositions.

Where court required that proof be taken by depositions within a specified time, and the proof was taken within that time, the mere fact that the depositions were not filed in court until after the time had expired would not prevent their being considered by the court. Runyon v. Trent, 270 Ky. 134 , 109 S.W.2d 396, 1937 Ky. LEXIS 40 ( Ky. 1937 ) (decided under prior law).

10. Reporter.

In absence of showing that official reporter was incompetent or corrupt, the mere fact that the reporter was unfriendly to contestant was not grounds for having some other stenographer appointed to take the evidence. Combs v. Brock, 240 Ky. 655 , 42 S.W.2d 895, 1931 Ky. LEXIS 460 ( Ky. 1931 ) (decided under prior law).

11. Pleading.

Where only relief prayed for in petition was that contestant be declared nominated, and he was not entitled to such relief because of a defect in his petition, the court had no authority to declare contestee’s nomination void. Humbert v. Heyburn, 240 Ky. 405 , 42 S.W.2d 538, 1931 Ky. LEXIS 422 ( Ky. 1931 ) (decided under prior law).

12. Proof.

Where it was shown that 19 illegal votes were cast in one precinct, but it was not shown for whom the votes were cast, and contestant and contestee each had received more than 19 votes in that precinct, the votes could not be deducted from either candidate. Kash v. Hurst, 189 Ky. 233 , 224 S.W. 757, 1920 Ky. LEXIS 408 ( Ky. 1920 ) (decided under prior law).

Where it was shown that eight illegal votes were cast in one precinct, and contestant had received only three votes in that precinct, five of the illegal votes were properly deducted from contestee’s total, but in absence of proof as to how ballots were voted the remaining three could not be deducted from contestant. Kash v. Hurst, 189 Ky. 233 , 224 S.W. 757, 1920 Ky. LEXIS 408 ( Ky. 1920 ) (decided under prior law).

Vote-buying need not be proved beyond a reasonable doubt. Greene v. Cawood, 230 Ky. 823 , 20 S.W.2d 984, 1929 Ky. LEXIS 180 ( Ky. 1929 ) (decided under prior law).

13. — Best Evidence.

Contestant seeking recount had to establish by proof that the ballots had been so preserved that they could be accepted as the best evidence of the result of the election. Ferguson v. Gregory, 216 Ky. 382 , 287 S.W. 952, 1926 Ky. LEXIS 935 ( Ky. 1926 ) (decided under prior law).

14. — Time of Taking.

Where no proof was taken because court decided case on demurrer, and case was reversed and remanded by Court of Appeals, proof could then be taken in such time as the court allows. Damron v. Johnson, 192 Ky. 350 , 233 S.W. 745, 1921 Ky. LEXIS 60 ( Ky. 1921 ) (decided under prior law).

In the absence of an order of court limiting the time within which the parties had to complete their proof, there was no limit upon the time within which proof could be taken. Charles v. Flanary, 192 Ky. 511 , 233 S.W. 904, 1921 Ky. LEXIS 88 ( Ky. 1921 ) (decided under prior law).

If the nature of the case was such that the taking of proof could be completed in a shorter period than 15 days for the contestant and ten days for the contestee, the court could and should limit the time to a shorter period. Charles v. Flanary, 192 Ky. 511 , 233 S.W. 904, 1921 Ky. LEXIS 88 ( Ky. 1921 ) (decided under prior law).

If the court was in vacation when the contest was filed, and for some reason the judge did not call the case for trial until the next regular term, the parties were not required to take their proof in the meantime, but upon the convening of the court the contestant should request the judge to give directions as to the time and manner of taking proof, and if he failed to make such request the case could be dismissed for want of prosecution. Seals v. Elam, 240 Ky. 485 , 42 S.W.2d 700, 1931 Ky. LEXIS 429 ( Ky. 1931 ). But see Lay v. Rose, 177 Ky. 303 , 197 S.W. 921, 1917 Ky. LEXIS 603 ( Ky. 1917 ) (decided under prior law).

15. — Oral.

Order of court requiring that proof be taken orally before court was not abuse of discretion, where it promoted an early disposition of the case and the only objection was that some witnesses would not be willing to testify in open court. Combs v. Brock, 240 Ky. 655 , 42 S.W.2d 895, 1931 Ky. LEXIS 460 ( Ky. 1931 ) (decided under prior law).

Cited:

Sims v. Atwell, 556 S.W.2d 929, 1977 Ky. App. LEXIS 826 (Ky. Ct. App. 1977).

Research References and Practice Aids

ALR

Admissibility of parol evidence of election officials to impeach election returns. 46 A.L.R.2d 1385.

120.070. Congressional districts. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 98, § 1; 1966, ch. 39, § 1) was repealed by Acts 1972, ch. 17, § 3. For present law, see KRS chapter 118B.

120.071. Congressional districts. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972 (1st Ex. Sess.), ch. 4, § 1) was repealed by Acts 1974, ch. 130, § 198.

A former act relating to congressional districts (Acts 1972, ch. 17, §§ 1 to 5) was repealed by Acts 1972 (1st Ex. Sess.), ch. 4, § 3.

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. Enact. Acts 1974, ch. 130, § 160; 1976, ch. 62, § 88; 1976 (Ex. Sess.), ch. 14, § 134.

Compiler’s Notes.

A former section (Acts 1966, ch. 39, § 2) was repealed by Acts 1972, ch. 17, § 3.

NOTES TO DECISIONS

1. Dismissal of Complaint.

Where there were 58 illegal votes in a primary election of which 31 were tainted by fraud, the contestant’s complaint under this section would be dismissed since the number of fraudulent votes was not enough to affect the outcome of the election. Sims v. Atwell, 556 S.W.2d 929, 1977 Ky. App. LEXIS 826 (Ky. Ct. App. 1977).

2. Statute of Limitations.

The filing of post-judgment motions in the Circuit Court does not stay the time for the taking of an appeal under this section. Stearns v. Davis, 707 S.W.2d 787, 1985 Ky. App. LEXIS 712 (Ky. Ct. App. 1985).

The time limitations set out by this section must be strictly enforced by the courts. Stearns v. Davis, 707 S.W.2d 787, 1985 Ky. App. LEXIS 712 (Ky. Ct. App. 1985).

3. Jurisdiction.

The failure to timely file notice of appeal under this section is a jurisdictional defect. Stearns v. Davis, 707 S.W.2d 787, 1985 Ky. App. LEXIS 712 (Ky. Ct. App. 1985).

4. Time for Appeal.

Since the time limitations under this statute were mandatory, the time for appeal could not be extended through consolidation of the contest action with another action in which a longer time was granted in which to perfect an appeal. Duvall v. Gatewood, 500 S.W.2d 416, 1973 Ky. LEXIS 216 ( Ky. 1973 ) (decided under prior law).

5. Supersedeas Bond.

Where circuit clerk deliberately absented himself from his office, so that appellant could not execute supersedeas bond before him on day after judgment, appellant could have executed bond on following day, but attempt to execute bond before clerk of Court of Appeals was not proper. Ward v. Howard, 177 Ky. 38 , 197 S.W. 506, 1917 Ky. LEXIS 537 ( Ky. 1917 ) (decided under prior law).

If the appellant was prevented from executing the supersedeas bond within the required time by unavoidable casualty or misfortune, or by accident or surprise which ordinary prudence could not have guarded against, or by circumstances beyond his control, he could execute the bond on the following day. Ward v. Howard, 177 Ky. 38 , 197 S.W. 506, 1917 Ky. LEXIS 537 ( Ky. 1917 ). See Johnson v. Caddell, 251 Ky. 14 , 64 S.W.2d 441, 1933 Ky. LEXIS 807 ( Ky. 1933 ) (decided under prior law).

Supersedeas bond had to be executed before the circuit clerk. Milliken v. Hatter, 177 Ky. 31 , 197 S.W. 511, 1917 Ky. LEXIS 538 ( Ky. 1917 ) (decided under prior law).

Where there were several contest suits involving different county offices, a separate supersedeas bond was necessary in each suit, although the suits were tried together in the Circuit Court for the purpose of convenience. Milliken v. Hatter, 177 Ky. 31 , 197 S.W. 511, 1917 Ky. LEXIS 538 ( Ky. 1917 ) (decided under prior law).

The provision of the former similar section as to the time of executing supersedeas bond was mandatory, and had to be complied within the absence of casualty or misfortune or circumstances beyond control of appellant. Williams v. Ezzel, 210 Ky. 213 , 275 S.W. 783, 1925 Ky. LEXIS 648 ( Ky. 1925 ). See Johnson v. Caddell, 251 Ky. 14 , 64 S.W.2d 441, 1933 Ky. LEXIS 807 ( Ky. 1933 ) (decided under prior law).

Where clerk and deputies were absent from office on day following entry of judgment, execution of supersedeas bond on following day was sufficient compliance. Johnson v. Caddell, 251 Ky. 14 , 64 S.W.2d 441, 1933 Ky. LEXIS 807 ( Ky. 1933 ) (decided under prior law).

The Court of Appeals had no jurisdiction of an appeal from a judgment in a primary election contest unless a supersedeas bond had been executed before the clerk of the Circuit Court. Wheeler v. Rea, 306 S.W.2d 294, 1957 Ky. LEXIS 42 ( Ky. 1957 ) (decided under prior law).

The filing of the supersedeas bond on the day required by the former similar section was mandatory unless the contestant made a showing of casualty, misfortune or circumstances beyond his control sufficient to justify excusing the dereliction. Wheeler v. Rea, 306 S.W.2d 294, 1957 Ky. LEXIS 42 ( Ky. 1957 ) (decided under prior law).

6. Surety on Bond.

Where the principal executing the bond named himself as surety on the bond, statute was not complied with and the court had no jurisdiction to entertain the appeal. Webb v. Webb, 500 S.W.2d 59, 1973 Ky. LEXIS 197 ( Ky. 1973 ) (decided under prior law).

Since a supersedeas bond in an appeal of an election contest case was a jurisdictional requisite for review by the Court of Appeals and since a supersedeas bond without a surety was no bond at all, the appeal was dismissed where no surety was indicated on the bond. Waller v. Watts, 500 S.W.2d 61, 1973 Ky. LEXIS 198 ( Ky. 1973 ) (decided under prior law).

7. Transfer of Record.

Where appellant filed schedule with clerk, directing him to transmit original papers to Court of Appeals, together with “such transcript of testimony as may be filed with you,” without designating the specific parts of the transcript to be transmitted, and the clerk therefore transmitted only a partial transcript, it would be presumed that the omitted evidence was sufficient to support the judgment. Wheeler v. Patrick, 192 Ky. 529 , 233 S.W. 1054, 1921 Ky. LEXIS 99 ( Ky. 1921 ) (decided under prior law).

Where clerk failed to transmit opinion of trial judge, although opinion was referred to in judgment, and appellant therefore attached copy of opinion to his brief, the Court of Appeals would consider the opinion as part of the record. Potter v. Reynolds, 210 Ky. 513 , 276 S.W. 535, 1925 Ky. LEXIS 718 ( Ky. 1925 ) (decided under prior law).

Parts of original record which clerk failed to transmit would be considered by Court of Appeals if they were otherwise transmitted and sufficiently identified. Potter v. Reynolds, 210 Ky. 513 , 276 S.W. 535, 1925 Ky. LEXIS 718 ( Ky. 1925 ) (decided under prior law).

The former provision that, upon an appeal from a contest, the clerk shall “immediately” transmit the papers in the case to the clerk of the Court of Appeals, did not mean “instantly” or “forthwith,” but rather meant “without unnecessary delay,” or “with due diligence under the circumstances.” The limitation of ten days for an appeal from a recount judgment indicated that the general assembly considered ten days a reasonable time. Austin v. Anderson, 279 Ky. 742 , 132 S.W.2d 56, 1939 Ky. LEXIS 345 ( Ky. 1939 ) (decided under prior law).

In determining whether the original papers in an election contest case were transmitted to the Court of Appeals “immediately” after the execution of the supersedeas bond, the date of the contest judgment, and not the date when the count of votes was ascertained by the court, was controlling. Austin v. Anderson, 279 Ky. 742 , 132 S.W.2d 56, 1939 Ky. LEXIS 345 ( Ky. 1939 ) (decided under prior law).

From September 24th to October 9th was a reasonable time for filing record in Court of Appeals on appeal in primary contest case, considering the size of the record. Davisworth v. Middleton, 288 Ky. 77 , 155 S.W.2d 450, 1941 Ky. LEXIS 45 ( Ky. 1941 ) (decided under prior law).

8. Bill of Exceptions.

A formal bill of exceptions was not required on an appeal in a contest case. Roby v. Croan, 177 Ky. 9 , 197 S.W. 456, 1917 Ky. LEXIS 534 ( Ky. 1917 ) (decided under prior law).

9. Judgment Appealable.

Where in an action brought by candidate who had received third highest number of votes it was shown that candidate who had received highest number was guilty of corrupt practices, but it was not shown that second highest candidate was guilty of such practices, there was no judgment against highest candidate from which he could appeal, however, in second action against highest candidate brought by second highest candidate, highest candidate could appeal from finding that he was guilty of corrupt practices. Smith v. Ward, 280 Ky. 173 , 132 S.W.2d 762, 1939 Ky. LEXIS 84 ( Ky. 1939 ) (decided under prior law).

10. Statement of Appeal.

Statement of appeal which adequately identified judgment appealed from was sufficient, although it was not signed and did not designate the page number of the record on which the judgment could be found. Tackett v. Mayo, 210 Ky. 299 , 275 S.W. 866, 1925 Ky. LEXIS 662 ( Ky. 1925 ) (decided under prior law).

11. Costs.

The unsuccessful party had to pay all of the costs. Hatcher v. Petry, 261 Ky. 52 , 86 S.W.2d 1043, 1935 Ky. LEXIS 587 ( Ky. 1935 ) (decided under prior law).

12. Evidence.

The Court of Appeals could not consider evidence that was not offered in the trial court. Lay v. Rose, 177 Ky. 303 , 197 S.W. 921, 1917 Ky. LEXIS 603 ( Ky. 1917 ) (decided under prior law).

13. Twenty Percent Rule.

The 20 percent rule could be applied only to an entire election, and not to any separate precinct or precincts constituting less than the entire political unit involved in the election for the office in question. WATTS v. FUGATE, 442 S.W.2d 569, 1969 Ky. LEXIS 271 (Ky. Ct. App. 1969) (decided under prior law).

14. Reversal.

In an election contest case, the judgment of the trial court is to be treated like the judgment of a chancellor, and will not be reversed if the Court of Appeals entertains no more than a doubt as to its correctness. Smith v. Ward, 280 Ky. 173 , 132 S.W.2d 762, 1939 Ky. LEXIS 84 ( Ky. 1939 ) (decided under prior law).

15. Final Judgment.

Judgment of Court of Appeals in contest case became final when the case was decided, and did not await petition for rehearing or issuance of mandate to lower court. Price v. Russell, 154 Ky. 824 , 159 S.W. 573, 1913 Ky. LEXIS 165 ( Ky. 1913 ) (decided under prior law).

16. Remand.

Where case was decided in lower court on the pleadings, and no evidence was taken, the Court of Appeals on finding error would not try and determine the case but would remand it to the lower court for trial. Damron v. Johnson, 192 Ky. 350 , 233 S.W. 745, 1921 Ky. LEXIS 60 ( Ky. 1921 ). See Wheeler v. Patrick, 192 Ky. 362 , 233 S.W. 747, 1921 Ky. LEXIS 61 ( Ky. 1921 ) (decided under prior law).

17. Breaking of Tie.

At the time when the Court of Appeals was required to make a final disposition of the case where Court of Appeals determined that each candidate had received the same number of legal votes, resulting in a tie, the clerk of the Court of Appeals was directed to break the tie by drawing lots. Heitzman v. Voiers, 155 Ky. 39 , 159 S.W. 625, 1913 Ky. LEXIS 189 ( Ky. 1913 ) (decided under prior law).

18. Moot Case.

Where final appeal did not reach Court of Appeals until after general election had been held, case was dismissed as moot. Williams v. Howard, 193 Ky. 848 , 237 S.W. 1062, 1922 Ky. LEXIS 86 ( Ky. 1922 ) (decided under prior law).

Cited:

Jernigan v. Curtis, 622 S.W.2d 686, 1981 Ky. App. LEXIS 297 (Ky. Ct. App. 1981); Burkhart v. Blanton, 635 S.W.2d 328, 1982 Ky. App. LEXIS 222 (Ky. Ct. App. 1982); Coomer v. Tamme, 777 S.W.2d 607, 1989 Ky. App. LEXIS 120 (Ky. Ct. App. 1989).

Waters v. Skinner, 237 S.W.3d 551, 2007 Ky. App. LEXIS 456 (Ky. Ct. App. 2007).

Research References and Practice Aids

ALR

Right of accused to bill of particulars — election frauds. 5 A.L.R.2d 466.

Elections — venue of actions or proceedings against public officers. 48 A.L.R.2d 478.

120.076. Construction of KRS 120.071. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972 (1st Ex. Sess.), ch. 4, § 2) was repealed by Acts 1974, ch. 130, § 198.

A former act relating to congressional districts (Acts 1972, ch. 17, §§ 1 to 5) was repealed by Acts 1972 (1st Ex. Sess.), ch. 4, § 3.

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. Enact. Acts 1974, ch. 130, § 161.

NOTES TO DECISIONS

1. Certification of Judgment.

Judgment of Court of Appeals in contest case becomes final when the case is decided. No mandate is issued to the lower court, but the result is certified directly to the county clerk or Secretary of State, as the case may be. Price v. Russell, 154 Ky. 824 , 159 S.W. 573, 1913 Ky. LEXIS 165 ( Ky. 1913 ) (decided under prior law).

It was only where the Court of Appeals made a final determination that a certification was made under similar section. Where case was decided in lower court on a jurisdictional question, and no proof was taken, Court of Appeals on finding error would remand case to Circuit Court for trial. Wheeler v. Patrick, 192 Ky. 362 , 233 S.W. 747, 1921 Ky. LEXIS 61 ( Ky. 1921 ) (decided under prior law).

2. Filing with Secretary of State.

Where petition for recount was filed before certificate of nomination could be issued to successful candidate, and time for filing certificate of nomination with Secretary of State had expired, copy of judgment declaring plaintiff in recount proceedings to be duly nominated could be filed with the Secretary of State and was sufficient authority to certify plaintiff’s name to the proper county clerks to be printed on the ballots in the general election. Moore v. Stephenson, 279 Ky. 780 , 132 S.W.2d 316, 1939 Ky. LEXIS 357 ( Ky. 1939 ) (decided under prior law).

120.095. Recount of primary election. [Effective until July 15, 2020]

  1. Any  candidate or slate of candidates voted for at a primary election 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  election, or, if the candidate or slate of candidates is qualified to bring  a contest proceeding under KRS 120.055 , by including a request for a recount  in his petition instituting the contest proceedings. Any candidate or slate  of candidates that is a contestee in a contest proceeding under KRS 120.055 may request a recount in his 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, 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.

History. Enact. Acts 1974, ch. 130, § 162; 1976 (Ex. Sess.), ch. 14, § 135, effective January 2, 1978; 1992, ch. 288, § 43, effective July 14, 1992.

NOTES TO DECISIONS

1. Construction.

The election commissioners required by former similar section to be made parties to a recount proceeding were the county election commissioners. Dixon v. Maddox, 311 Ky. 28 , 223 S.W.2d 178, 1949 Ky. LEXIS 1042 ( Ky. 1949 ) (decided under prior law).

2. Action Statutory.

The right to have a recount of a primary election was purely statutory, and the provisions had to be fully complied with to give the Court of Appeals jurisdiction of an appeal. Hudnall v. Fleenor, 300 Ky. 497 , 189 S.W.2d 724, 1945 Ky. LEXIS 585 ( Ky. 1945 ) (decided under prior law).

3. Cost Bond.

A recount proceeding shall not be entertained unless the party who initiates it executes a bond in an amount sufficient to cover any cost that may accrue in the course of the proceeding. Hatcher v. Ardery, 242 S.W.2d 105, 1951 Ky. LEXIS 1042 ( Ky. 1951 ) (decided under prior law).

4. Contest and Recount.

Former similar section provided two methods of obtaining a recount: (1) By request without stating any grounds therefor; and (2) by contest. Moore v. Stephenson, 279 Ky. 780 , 132 S.W.2d 316, 1939 Ky. LEXIS 357 ( Ky. 1939 ) (decided under prior law).

If recount proceeding only was instituted before certificate of nomination had been issued, a separate contest proceeding could thereafter be instituted. Kincaid v. Hurst, 287 Ky. 824 , 155 S.W.2d 225, 1941 Ky. LEXIS 642 ( Ky. 1941 ) (decided under prior law).

An action brought under the statute providing for recount was a special proceeding, and the remedy was exclusive. Hudnall v. Fleenor, 300 Ky. 497 , 189 S.W.2d 724, 1945 Ky. LEXIS 585 ( Ky. 1945 ) (decided under prior law).

Candidate for a statewide office could petition for a recount in designated counties without seeking a recount of all votes cast in the election. Hatcher v. Ardery, 242 S.W.2d 105, 1951 Ky. LEXIS 1042 ( Ky. 1951 ) (decided under prior law).

5. Integrity of Ballots.

The court suggests that where there is a question as to decision of Circuit Court as to integrity of ballots, the ballot boxes should be transmitted to the Court of Appeals as part of the record on appeal. Ferguson v. Gregory, 216 Ky. 382 , 287 S.W. 952, 1926 Ky. LEXIS 935 ( Ky. 1926 ) (decided under prior law).

Both in contest and recount proceedings, before ballot box could be opened for recount, applicant had to prove that box had been kept as required by law and that ballots had not been tampered with. Jenkins v. Martin, 287 Ky. 557 , 154 S.W.2d 242, 1941 Ky. LEXIS 578 ( Ky. 1941 ) (decided under prior law).

Before a ballot box could be opened and the ballots recounted, the one seeking the recount had to prove satisfactorily that the ballot box had been kept as the law requires, and that the ballots had not been tampered with. Rose v. Shotwell, 300 Ky. 556 , 189 S.W.2d 855, 1945 Ky. LEXIS 600 ( Ky. 1945 ) (decided under prior law).

Before the court was authorized to recount the ballots it had to be shown with reasonable certainty that the boxes had been protected and the ballots had been preserved in the condition they were in when counted originally by the board of election commissioners. Ashcraft v. Edmondson, 242 S.W.2d 635, 1951 Ky. LEXIS 1063 ( Ky. 1951 ) (decided under prior law).

6. — Establishment.

The person seeking a recount had the burden of establishing the integrity of the ballots. Roby v. Croan, 177 Ky. 9 , 197 S.W. 456, 1917 Ky. LEXIS 534 ( Ky. 1917 ) (decided under prior law).

Action of trial court in overruling contestant’s motion for a recount was not prejudicial where it did not deprive contestant of the right to introduce evidence as to the integrity of the ballots, and the evidence he introduced was not sufficient to establish their integrity. Ferguson v. Gregory, 216 Ky. 382 , 287 S.W. 952, 1926 Ky. LEXIS 935 ( Ky. 1926 ) (decided under prior law).

Recount should be denied and official tabulation should stand, where, despite evidence justifying holding that prima facie case for integrity of ballots had been proved, evidence and ballots themselves showed that, after count by election commissioners, access had been gained to ballot box in certain precinct and unsigned ballots substituted for ballots cast. Jenkins v. Martin, 287 Ky. 557 , 154 S.W.2d 242, 1941 Ky. LEXIS 578 ( Ky. 1941 ) (decided under prior law).

The integrity of the ballots had to be proved, but pleading the integrity of the ballots was not necessary. Howard v. Rowland, 261 S.W.2d 280, 1953 Ky. LEXIS 996 ( Ky. 1953 ) (decided under prior law).

The burden was on the contestant to establish the integrity of the ballots, the requirement in that respect had to be reasonable and it was incumbent upon him only to prove circumstances from which a logical inference could be deduced that the ballot boxes and their contents had not been disturbed. Monroe v. Graves County Board of Election Comm'rs, 293 S.W.2d 725, 1956 Ky. LEXIS 90 ( Ky. 1956 ) (decided under prior law).

7. — Storage.

Where there was no evidence of actual tampering, a recount was granted, although ballot boxes had been stored part of time in a second-floor room of courthouse which could have been broken into, and part of time on floor of clerk’s main office where persons came and went during the day, and boxes had cheap locks, where it was established that the clerk kept a proper guard over the boxes. Roby v. Croan, 177 Ky. 9 , 197 S.W. 456, 1917 Ky. LEXIS 534 ( Ky. 1917 ) (decided under prior law).

A recount would not be granted unless it fairly appeared from the evidence that the ballots had been properly lodged with and protected and preserved by the clerk, and had not been tampered with, and that rigorous care had been exercised to prevent a violation of their sanctity. Roby v. Croan, 177 Ky. 9 , 197 S.W. 456, 1917 Ky. LEXIS 534 ( Ky. 1917 ) (decided under prior law).

Where ballot boxes, after canvass by election commissioners, were stored in basement room of courthouse which could be entered by open window, some of the boxes were stolen, the boxes had ten-cent padlocks, and several election seals were in hands of interested parties, the integrity of ballots was not established, although there was no evidence of actual tampering with boxes not stolen. Ferguson v. Gregory, 216 Ky. 382 , 287 S.W. 952, 1926 Ky. LEXIS 935 ( Ky. 1926 ) (decided under prior law).

Evidence that ballot boxes were stored in a room, which was kept locked and was guarded at all times by the county clerk or his deputy and by representatives of both parties, satisfactorily showed the integrity of the ballots, and authorized recount proceedings, though there was some very remote possibility that someone might have entered the room, and some of the guards did not testify in the recount proceedings. Austin v. Anderson, 279 Ky. 742 , 132 S.W.2d 56, 1939 Ky. LEXIS 345 ( Ky. 1939 ) (decided under prior law).

8. Pleadings.

Motion for recount need not incorporate motion for leave to introduce proof as to integrity of ballots. Ferguson v. Gregory, 216 Ky. 382 , 287 S.W. 952, 1926 Ky. LEXIS 935 ( Ky. 1926 ) (decided under prior law).

Where plaintiff’s petition requested recount without stating grounds therefor, defendant’s answer could request a recount in precincts not named in the petition. Moore v. Stephenson, 279 Ky. 780 , 132 S.W.2d 316, 1939 Ky. LEXIS 357 ( Ky. 1939 ) (decided under prior law).

9. — Sufficiency.

Allegation of petition that “an accurate, fair and impartial count” of the ballots would show that contestant received more votes than contestee was sufficient to authorize a recount, it being unnecessary to use the words “mistake,” “oversight” or “fraud” in charging an erroneous count. Thurman v. Alvey, 192 Ky. 341 , 233 S.W. 749, 1921 Ky. LEXIS 63 ( Ky. 1921 ) (decided under prior law).

10. Certificate of Returns.

Where ballot boxes and stub books of several precincts were stolen after election commissioners had completed canvass of returns, vote of such precincts would not be thrown out but certificate of returns would be accepted as correct. Ferguson v. Gregory, 216 Ky. 382 , 287 S.W. 952, 1926 Ky. LEXIS 935 ( Ky. 1926 ) (decided under prior law).

11. Parol Testimony.

In recount proceedings Circuit Court could not hear parol testimony as to the legality of a ballot. Hogg v. Howard, 242 S.W.2d 626, 1951 Ky. LEXIS 1060 ( Ky. 1951 ) (decided under prior law).

12. Res Judicata.

Adverse judgment in recount proceedings was not res judicata so as to preclude subsequent election contest, notwithstanding petitioner, in proceeding obviously for recount, alleging that election commissioners tabulated ballots but made mistake in counting them, especially where proceeding was captioned as petition for recount, prayed for recount, and judgment therein provided that it should not affect parties’ rights to maintain or defend contest action. Kincaid v. Hurst, 287 Ky. 824 , 155 S.W.2d 225, 1941 Ky. LEXIS 642 ( Ky. 1941 ) (decided under prior law).

13. Appeal.

Where judgment in primary recount proceedings was entered on August 25, appeal filed on September 4 was too late, notwithstanding a Saturday half-holiday, Sunday and Labor Day intervened between mailing date of record and its receipt in office of clerk of Court of Appeals. Hudnall v. Fleenor, 300 Ky. 497 , 189 S.W.2d 724, 1945 Ky. LEXIS 585 ( Ky. 1945 ) (decided under prior law).

The right to a recount, and procedure to be followed, is purely statutory; and since no provision is made for a motion for a new trial, it is not necessary that such a motion be made in order to perfect on appeal. Wilhoit v. Liles, 300 Ky. 564 , 189 S.W.2d 851, 1945 Ky. LEXIS 599 ( Ky. 1945 ) (decided under prior law).

Where the time for filing transcript on appeal mandatory, and when no part of same has been filed in the required time there can be no extension, yet if an incomplete record has been filed in good faith within the prescribed time, and the ends of justice will be served by allowing an additional or supplemental transcript to be filed, the court should permit it upon proper showing. Wilhoit v. Liles, 300 Ky. 564 , 189 S.W.2d 851, 1945 Ky. LEXIS 599 ( Ky. 1945 ) (decided under prior law).

Cited in

Ky. State Bd. of Elections v. Faulkner, 591 S.W.3d 398, 2018 Ky. LEXIS 525 ( Ky. 2018 ).

Research References and Practice Aids

ALR

Custody of ballots since original count, determination of facts as condition of recount. 71 A.L.R. 435.

Excess or illegal ballots, treatment of, when it is not known for which candidate or on which side of a proposition they were cast. 155 A.L.R. 677.

120.095. Recount of primary. [Effective July 15, 2020]

  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, 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.

HISTORY: Enact. Acts 1974, ch. 130, § 162; 1976 (Ex. Sess.), ch. 14, § 135, effective January 2, 1978; 1992, ch. 288, § 43, effective July 14, 1992; 2020 ch. 88, § 9, effective July 15, 2020.

120.110. Definitions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 272, § 1, effective June 16, 1972) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.551 to 118.651 .

120.120. Presidential preference primary election authorized; when conducted; hours; method of conducting. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 272, § 2, effective June 16, 1972) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.551 to 118.651 .

120.130. Presidential preference primary election authorized; when conducted; hours; method of conducting. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 272, § 3, effective June 16, 1972) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.551 to 118.651 .

120.140. Nomination of candidates by State Board of Elections. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 272, § 4, effective June 16, 1972) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.551 to 118.651 .

120.150. Nomination of candidate by petition. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 272, § 5, effective June 16, 1972) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.551 to 118.651 .

Regular Elections

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

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. The petition shall be filed and process issued within thirty (30) days after the day of election; it shall state the grounds of the contest relied on, and no other grounds shall afterwards be relied upon. The contestee shall file an answer within twenty (20) days after the service of summons upon him. 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. Any candidate who would have been qualified to bring a contest action under this section, who is a party to a recount proceeding under KRS 120.185 , 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. 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.

History. Enact. Acts 1974, ch. 130, § 163.

NOTES TO DECISIONS

1. Speedy Trial.

This statute could not be more clear in pointing out the importance of quick decision-making in an election contest; the statute specifically states that the court shall complete the case as soon as practicable and that this action shall take precedence over all other cases. Clark v. Mason, 596 S.W.2d 16, 1979 Ky. App. LEXIS 517 (Ky. Ct. App. 1979).

2. Construction.

Where city charter provided that contests involving city offices “shall be decided as may be provided by ordinance,” but it appeared that city had never passed an ordinance governing contests, there was no “other provision made by law” within the meaning of the former similar section and the Circuit Court had jurisdiction of contest for office of police judge. Lyttle v. Wilson, 252 Ky. 392 , 67 S.W.2d 498, 1934 Ky. LEXIS 791 ( Ky. 1934 ) (decided under prior law).

This section did not repeal provisions of city charters with regard to contests involving city offices. Lyttle v. Wilson, 252 Ky. 392 , 67 S.W.2d 498, 1934 Ky. LEXIS 791 ( Ky. 1934 ) (decided under prior law).

A city ordinance for hearing contested elections was not necessary in order to come within the “other provisions made by law for determining contested elections.” Jackson v. Randolph, 311 S.W.2d 541, 1958 Ky. LEXIS 199 ( Ky. 1958 ) (decided under prior law).

3. Action Statutory.

There was no inherent power in the courts to pass upon the validity of elections or to try contested elections; their authority was wholly statutory and had to be given expressly or by necessary implication. Patterson v. Knapp, 125 Ky. 474 , 101 S.W. 379, 31 Ky. L. Rptr. 108 , 1907 Ky. LEXIS 295 ( Ky. 1907 ). See Pflanz v. Foster, 155 Ky. 15 , 159 S.W. 641, 1913 Ky. LEXIS 193 ( Ky. 1913 ); Wilson v. Whitley, 159 Ky. 69 , 166 S.W. 775, 1914 Ky. LEXIS 739 ( Ky. 1914 ); Cole v. Ridings, 271 Ky. 15 8, 111 S.W.2d 605, 1937 Ky. LEXIS 209 ( Ky. 1937 ) (decided under prior law).

The right to contest an election was purely statutory and the statutory regulations had to be complied with. Colvin v. Mills, 214 Ky. 812 , 284 S.W. 115, 1926 Ky. LEXIS 434 ( Ky. 1926 ). See Gross v. Ball, 258 Ky. 730 , 81 S.W.2d 409, 1935 Ky. LEXIS 230 ( Ky. 1935 ) (decided under prior law).

Election contests were purely statutory. WATTS v. FUGATE, 442 S.W.2d 569, 1969 Ky. LEXIS 271 (Ky. Ct. App. 1969) (decided under prior law).

4. Contest and Recount.

County superintendent of schools and school board had no authority to determine that person who had received certificate of election as member of school board was not in fact elected, and that a tie existed, since only method of setting aside certificate of election was by statutory contest. Hopkins v. Swift, 100 Ky. 14 , 37 S.W. 155, 18 Ky. L. Rptr. 526 , 1896 Ky. LEXIS 135 ( Ky. 1896 ) (decided under prior law).

An action of quo warranto cannot be substituted for a contest suit. Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ) (decided under prior law).

A defeated candidate could contest an election for the purpose of having the contestee deprived of the election, even though the contesting candidate did not claim to have been elected himself or could not be declared to have been elected. Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ). See Francis v. Sturgill, 163 Ky. 650 , 174 S.W. 753, 1915 Ky. LEXIS 318 ( Ky. 1915 ), limited, Napier v. Roberts, 172 Ky. 227 , 189 S.W. 206, 1916 Ky. LEXIS 191 ( Ky. 1916 ); McKinney v. Barker, 180 Ky. 526 , 203 S.W. 303, 1918 Ky. LEXIS 102 ( Ky. 1918 ) ( Ky. 1918 ); Hardin v. Horn, 184 Ky. 548 , 212 S.W. 573, 1919 Ky. LEXIS 105 ( Ky. 1919 ); Whitney v. Skinner, 194 Ky. 804 , 241 S.W. 350, 1922 Ky. LEXIS 259 ( Ky. 1922 ); Greene v. Cawood, 230 Ky. 823 , 20 S.W.2d 984, 1929 Ky. LEXIS 180 ( Ky. 1929 ); Kluemper v. Zimmer, 240 Ky. 225 , 41 S.W.2d 1111, 1931 Ky. LEXIS 370 ( Ky. 1931 ); Hart v. Rose, 255 Ky. 576 , 75 S.W.2d 43, 1934 Ky. LEXIS 297 ( Ky. 1934 ); Brandenberg v. Hurst, 290 Ky. 592 , 162 S.W.2d 223, 1942 Ky. LEXIS 471 ( Ky. 1942 ) (decided under prior law).

The Governor could not refuse to commission an officer on the ground that his election was void, where the election had not been declared void in a contest proceeding. McCreary v. Williams, 153 Ky. 49 , 154 S.W. 417, 1913 Ky. LEXIS 779 ( Ky. 1913 ) (decided under prior law).

Provisions of city charters giving city council power to determine contests involving city offices were not unconstitutional. Lyttle v. Wilson, 252 Ky. 392 , 67 S.W.2d 498, 1934 Ky. LEXIS 791 ( Ky. 1934 ) (decided under prior law).

Action by member of city council to enjoin defeated opponent from claiming the office or from interfering with plaintiff in the discharge of his duties was not a contest suit, and the Circuit Court had jurisdiction. Muncy v. Hughes, 265 Ky. 588 , 97 S.W.2d 546, 1936 Ky. LEXIS 548 ( Ky. 1936 ) (decided under prior law).

If procedure for obtaining a recount of ballots before certificate of election had been issued was followed, a general contest could also have been instituted as a separate proceeding. Wright v. Crase, 274 Ky. 628 , 119 S.W.2d 858, 1938 Ky. LEXIS 308 ( Ky. 1938 ) (decided under prior law).

The allegation in election contest complaint that mistake had been made in setting up the machine, resulting in erroneous reversal in the votes in the precinct, was surplusage and did not have the effect of casting the action under the contest statute, former KRS 122.070, instead of the recount statute, former KRS 122.100. Rives v. Pettit, 513 S.W.2d 475, 1974 Ky. LEXIS 371 ( Ky. 1974 ) (decided under prior law).

5. — Initiation.

Where two city commissioners were to be elected, and there were four (4) ccandidates, either one of losing candidates could maintain contest against either one of successful candidates without joining other candidates as parties. Gallagher v. Campbell, 267 Ky. 370 , 102 S.W.2d 340, 1937 Ky. LEXIS 328 ( Ky. 1937 ) (decided under prior law).

An election contest could not be maintained by a voter and citizen who was not a candidate. Brandenberg v. Hurst, 290 Ky. 592 , 162 S.W.2d 223, 1942 Ky. LEXIS 471 ( Ky. 1942 ) (decided under prior law).

Candidate who was duly nominated for membership on school board had right to contest election. Lakes v. Estridge, 294 Ky. 655 , 172 S.W.2d 454, 1943 Ky. LEXIS 509 ( Ky. 1943 ) (decided under prior law).

6. — Grounds.

Fact that contestee was unlawfully nominated to fill vacancy in Republican candidacy after being defeated in Democratic primary was proper grounds for contest. Francis v. Sturgill, 163 Ky. 650 , 174 S.W. 753, 1915 Ky. LEXIS 318 ( Ky. 1915 ), limited, Napier v. Roberts, 172 Ky. 227 , 189 S.W. 206, 1916 Ky. LEXIS 191 ( Ky. 1916 ) (decided under prior law).

The fact that a candidate did not file his certificate of nomination within the required time, and therefore was not entitled to have his name on the ballot, was a valid ground of contest, and votes cast for such candidate would not be counted. Justice v. Justice, 184 Ky. 130 , 211 S.W. 419, 1919 Ky. LEXIS 27 ( Ky. 1919 ) (decided under prior law).

Violation of Corrupt Practice Act could not be used as ground of contest where it was not alleged in the petition. Craft v. Davidson, 189 Ky. 378 , 224 S.W. 1082, 1920 Ky. LEXIS 436 ( Ky. 1920 ) (decided under prior law).

Fact that candidate was not entitled to certificate of nomination in primary could not be made a ground for contesting the general election. Williams v. Howard, 193 Ky. 848 , 237 S.W. 1062, 1922 Ky. LEXIS 86 ( Ky. 1922 ) (decided under prior law).

It was not essential that the contestant set forth the grounds of contest with the precision required of a pleading in a civil action; certainty to a common intent was all that was required and technical objections would be disregarded. Siler v. Brown, 215 Ky. 199 , 284 S.W. 997, 1926 Ky. LEXIS 669 ( Ky. 1926 ), overruled in part, Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ), overruled on other grounds, Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ) (decided under prior law).

An error in arrangement of the ballot strips on the machine was not an irregularity in the conduct of the election within the meaning of Hogg v. Howard, 242 S.W.2d 626, 1951 Ky. LEXIS 1060 (Ky. Ct. App. 1951), but was a mechanical error affecting the counting process. Rives v. Pettit, 513 S.W.2d 475, 1974 Ky. LEXIS 371 ( Ky. 1974 ) (decided under prior law).

7. Twenty Percent Rule.

If a contestant could not prove for whom the illegal votes were cast, and they amounted to less than 20 percent of the total, they were charged against him. WATTS v. FUGATE, 442 S.W.2d 569, 1969 Ky. LEXIS 271 (Ky. Ct. App. 1969) (decided under prior law).

The 20 percent rule could be applied only to an entire election, and not to any separate precinct or precincts constituting less than the entire political unit involved in the election for the office in question. WATTS v. FUGATE, 442 S.W.2d 569, 1969 Ky. LEXIS 271 (Ky. Ct. App. 1969) (decided under prior law).

8. Counter Contest.

Where petition alleged that certain voters voted illegally for contestee, the contestee could introduce proof to show that such voters actually voted for contestant, without filing a counter contest; but in such case the contestant could avoid the deduction of such votes from his total by withdrawing so much of his petition as charged illegal voting by such voters. Drennan v. Roberts, 234 Ky. 574 , 28 S.W.2d 735, 1930 Ky. LEXIS 218 ( Ky. 1930 ). See Hodges v. Murray, 240 Ky. 127 , 41 S.W.2d 923, 1931 Ky. LEXIS 355 ( Ky. 1931 ), overruled, Johnson v. May, 305 Ky. 292 , 203 S.W.2d 37, 1947 Ky. LEXIS 785 ( Ky. 1947 ); Land v. Land, 244 Ky. 126 , 50 S.W.2d 518, 1931 Ky. LEXIS 720 ( Ky. 1931 ) (decided under prior law).

8. Mayor and City Council.

Where the election of all the members of a city council was in issue, the Circuit Court had jurisdiction of the contest under the former similar section. Orr v. Kevil, 124 Ky. 720 , 100 S.W. 314, 30 Ky. L. Rptr. 761 , 30 Ky. L. Rptr. 946 , 1907 Ky. LEXIS 249 ( Ky. 1907 ). See Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ); Martin v. Eagle, 236 Ky. 267 , 32 S.W.2d 1020, 1930 Ky. LEXIS 729 ( Ky. 1930 ) (decided under prior law).

The city council of a fifth-class city had exclusive jurisdiction to try contests involving the election of members of the council, except where the election of a majority or more of the members was involved, in which case the Circuit Court had jurisdiction under the former similar section. Craft v. Davidson, 189 Ky. 378 , 224 S.W. 1082, 1920 Ky. LEXIS 436 ( Ky. 1920 ) (decided under prior law).

Where three members were to be elected to city council having six (6) members, and election of one candidate was not questioned, council had exclusive jurisdiction of contests involving other two memberships. Ratleff v. Tackett, 209 Ky. 588 , 273 S.W. 441, 1925 Ky. LEXIS 554 ( Ky. 1925 ) (decided under prior law).

Where contest involving city office was erroneously brought in Circuit Court, dismissal of action on ground of lack of jurisdiction would not prejudice right of contestant to bring contest before city council. Ratleff v. Tackett, 209 Ky. 588 , 273 S.W. 441, 1925 Ky. LEXIS 554 ( Ky. 1925 ). See Cole v. Ridings, 271 Ky. 158 , 111 S.W.2d 605, 1937 Ky. LEXIS 209 ( Ky. 1937 ) (decided under prior law).

Contest for office of mayor of second-class city was governed by the former similar section. Lilly v. O'Brien, 224 Ky. 474 , 6 S.W.2d 715, 1928 Ky. LEXIS 644 ( Ky. 1928 ) (decided under prior law).

10. Board of Commissioners.

Contests of election of members of board of commissioners in city operating under commission form of government were to be brought under the former similar section. Kluemper v. Zimmer, 240 Ky. 225 , 41 S.W.2d 1111, 1931 Ky. LEXIS 370 ( Ky. 1931 ) (decided under prior law).

11. Death of Party.

If unsuccessful candidate died before or after bringing contest suit, the action could not be commenced or continued by any other person. Galvin v. Shafer, 130 Ky. 563 , 113 S.W. 485, 1908 Ky. LEXIS 288 ( Ky. 1908 ) (decided under prior law).

12. Summons.

Where contestant filed petition in proper time and caused summons to issue, the fact that the clerk made the summons returnable in ten days instead of 20 days was not grounds for quashing summons or dismissing petition. Middleton v. Lewis, 248 Ky. 86 , 58 S.W.2d 251, 1933 Ky. LEXIS 186 ( Ky. 1933 ) (decided under prior law).

13. Venue.

Where two commissioners for city of Corbin were to be elected, and one of successful candidates resided in Whitley County and the other in Knox County, contestant who sought to contest election of both successful candidates was required to bring separate actions, one in each county. Gallagher v. Campbell, 267 Ky. 370 , 102 S.W.2d 340, 1937 Ky. LEXIS 328 ( Ky. 1937 ) (decided under prior law).

14. Jurisdiction.

Circuit Court did not have jurisdiction in mandamus proceeding to compel board of election commissioners to reconvene and count certain ballots as directed by the court; the exclusive remedy was by statutory contest proceedings. Anderson v. Likens, 104 Ky. 699 , 47 S.W. 867, 20 Ky. L. Rptr. 1001 , 1898 Ky. LEXIS 214 ( Ky. 1898 ) (decided under prior law).

Where ordinance of sixth-class city provided that contests for city offices should be tried by county contest board, and county contest board was abolished by 1900 law which vested jurisdiction of contests in Circuit Court, Circuit Court had jurisdiction of contest involving city office. Stewart v. Rose, 113 Ky. 502 , 68 S.W. 465, 24 Ky. L. Rptr. 347 , 1902 Ky. LEXIS 75 ( Ky. 1902 ). See Lyttle v. Wilson, 252 Ky. 392 , 67 S.W.2d 498, 1934 Ky. LEXIS 791 ( Ky. 1934 ) (decided under prior law).

Court in contest suit had no jurisdiction to enjoin contestee from discharging the duties of the office in question pending the contest. Harrison v. Stroud, 129 Ky. 193 , 110 S.W. 828, 33 Ky. L. Rptr. 653 , 1908 Ky. LEXIS 147 ( Ky. 1908 ). See Doss v. Howard, 180 Ky. 413 , 202 S.W. 888, 1918 Ky. LEXIS 83 ( Ky. 1918 ) (decided under prior law).

The Circuit Court had jurisdiction of contests involving city offices where there was no other provision of law for determining such contests, but not otherwise. Lyttle v. Wilson, 252 Ky. 392 , 67 S.W.2d 498, 1934 Ky. LEXIS 791 ( Ky. 1934 ). See Ratleff v. Tackett, 209 Ky. 588 , 273 S.W. 441, 1925 Ky. LEXIS 554 ( Ky. 1925 ) (decided under prior law).

The Circuit Court had no jurisdiction to hear and determine a contest involving the office of one councilman of a fourth-class city, since the power to determine such contests was vested in the council and the court had no jurisdiction of any steps looking to or in furtherance of such contest. Cole v. Ridings, 271 Ky. 158 , 111 S.W.2d 605, 1937 Ky. LEXIS 209 ( Ky. 1937 ) (decided under prior law).

15. Exclusive Remedy.

The legality of votes could be determined only in a contest proceeding, and not in a proceeding for a mandatory injunction against the canvassing officers. Coleman v. Goff, 239 Ky. 479 , 39 S.W.2d 1003, 1931 Ky. LEXIS 821 ( Ky. 1931 ). See Watts v. Glover, 239 Ky. 562 , 39 S.W.2d 1004, 1931 Ky. LEXIS 822 ( Ky. 1931 ) (decided under prior law).

Where county board of education, whose sole duty in election for subdistrict trustees was to canvass returns and issue certificate to candidate having most votes, refused to count certain votes on ground that they were illegal, aggrieved candidate could obtain injunction to compel board to meet and count the rejected votes, a contest suit not providing the exclusive remedy in such case. Wesley v. Holt, 243 Ky. 638 , 49 S.W.2d 547, 1932 Ky. LEXIS 167 ( Ky. 1932 ) (decided under prior law).

16. Eligibility and Qualification.

In a contest suit the question of whether one of the parties had become ineligible for the office by reason of events occurring subsequent to the election could not be litigated. Adams v. Roberts, 119 Ky. 364 , 83 S.W. 1035, 26 Ky. L. Rptr. 1271 , 1904 Ky. LEXIS 173 ( Ky. 1904 ) (decided under prior law).

The question of the eligibility or legal qualifications of the successful candidate for the office in question could not be passed upon in a contest suit. Wilson v. Tye, 122 Ky. 508 , 92 S.W. 295, 29 Ky. L. Rptr. 71 , 1906 Ky. LEXIS 66 ( Ky. 1906 ). See Potter v. Campbell, 159 Ky. 328 , 167 S.W. 404, 1914 Ky. LEXIS 810 ( Ky. 1914 ); Hart v. Rose, 255 Ky. 576 , 75 S.W.2d 43, 1934 Ky. LEXIS 297 ( Ky. 1934 ); Brandenberg v. Hurst, 290 Ky. 592 , 162 S.W.2d 223, 1942 Ky. LEXIS 471 ( Ky. 1942 ) (decided under prior law).

The question of whether a candidate was legally entitled to have his name on the ballot for the regular election, or whether he secured the placing of his name upon the ballot by legal means, could be determined in a contest suit. Francis v. Sturgill, 163 Ky. 650 , 174 S.W. 753, 1915 Ky. LEXIS 318 ( Ky. 1915 ), limited, Napier v. Roberts, 172 Ky. 227 , 189 S.W. 206, 1916 Ky. LEXIS 191 ( Ky. 1916 ). See Hewlett v. Carter, 194 Ky. 454 , 239 S.W. 789, 1922 Ky. LEXIS 179 ( Ky. 1922 ); Whitney v. Skinner, 194 Ky. 804 , 241 S.W. 350, 1922 Ky. LEXIS 259 ( Ky. 1922 ) (decided under prior law).

17. Pleadings.

Contestant was not entitled to have illegal votes thrown out without alleging that they were cast for contestee. Neely v. Rice, 123 Ky. 806 , 97 S.W. 737, 29 Ky. L. Rptr. 1142 , 30 Ky. L. Rptr. 164 , 1906 Ky. LEXIS 218 (Ky. Ct. App. 1906) (decided under prior law).

Where contestant alleged that all votes received by contestee were illegal, but did not allege that he had received any votes, and contestee denied allegations as to illegality of votes received by him, and case was decided in lower court on demurrer to answer, judgment for contestee was proper. Bingham v. Johnson, 193 Ky. 753 , 237 S.W. 1077, 1922 Ky. LEXIS 90 ( Ky. 1922 ) (decided under prior law).

Contestant who alleged as ground of contest illegal voting after closing time had to set forth names of voters who so voted, regardless of what percentage of total vote they represented. Hogg v. Caudill, 254 Ky. 409 , 71 S.W.2d 1020, 1934 Ky. LEXIS 105 ( Ky. 1934 ) (decided under prior law).

Court could act in vacation on demurrer to petition. Winstead v. Clarke, 269 Ky. 594 , 108 S.W.2d 518, 1937 Ky. LEXIS 644 ( Ky. 1937 ) (decided under prior law).

Where the grounds of the contest were directed to the casting of illegal votes, for any reason, the contestant had to allege and prove that there were enough of such illegally cast votes to overcome the certified majority of the contestee, and if such illegally cast votes were insufficient to overcome that majority, the contest would fail for want of proof. Bennett v. Day, 271 Ky. 676 , 113 S.W.2d 38, 1938 Ky. LEXIS 43 ( Ky. 1938 ) (decided under prior law).

18. — Filing.

The bringing of a contest suit within the time prescribed by the former similar section was a condition of jurisdiction, and failure to bring suit within the prescribed time could not be waived and need not be pleaded by the contestee. Lilly v. O'Brien, 224 Ky. 474 , 6 S.W.2d 715, 1928 Ky. LEXIS 644 ( Ky. 1928 ) (decided under prior law).

The provision of the former similar section that the petition had to be filed within 30 days and “no other grounds shall afterwards be relied upon” referred to the 30-day period only and did not prevent the filing of an amended petition within the 30 days. Adams v. Helton, 296 Ky. 9 , 175 S.W.2d 1012, 1943 Ky. LEXIS 761 ( Ky. 1943 ) (decided under prior law).

Failure to contest the election within the prescribed period of 30 days, or to allege any facts which would have rendered the election void, precluded questioning the fact that appellee had received a majority of the votes cast as certified by the election commissioners. Montague v. Collins, 296 Ky. 57 , 176 S.W.2d 79, 1943 Ky. LEXIS 91 ( Ky. 1943 ) (decided under prior law).

The time limitations for filing of pleadings in an election contest were mandatory, but if delay was not great and adverse party would not be prejudiced, trial court had discretion to permit late pleadings to be filed, provided a good excuse for delay was presented. Payne v. Blanton, 312 Ky. 636 , 229 S.W.2d 438, 1950 Ky. LEXIS 726 ( Ky. 1950 ) (decided under prior law).

19. — Sufficiency.

Where a pleading was indefinite and uncertain, or otherwise defective, and the judge was not available at the time when a motion to make more specific or to otherwise cure the defect should have been made, the filing of the motion in the clerk’s office would be considered as sufficient, and the judge should then at the earliest opportunity act on the motion and compel the parties to perfect their pleadings. Butler v. Roberson, 158 Ky. 101 , 164 S.W. 340, 1914 Ky. LEXIS 575 ( Ky. 1914 ) (decided under prior law).

If the parties proceeded to prepare and submit their case under indefinite pleadings, without motion to make more definite and certain, neither one could object, on final submission, to the sufficiency of the pleadings. Siler v. Brown, 215 Ky. 199 , 284 S.W. 997, 1926 Ky. LEXIS 669 ( Ky. 1926 ), overruled in part, Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ), overruled on other grounds, Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ) (decided under prior law).

The requirement that the illegal voters should be named had become a fundamental rule controlling the pleadings in an election contest proceeding. Hodges v. Hodges, 314 S.W.2d 208, 1958 Ky. LEXIS 292 ( Ky. 1958 ), cert. denied, 358 U.S. 894, 79 S. Ct. 156, 3 L. Ed. 2d 121, 1958 U.S. LEXIS 163 (1958), cert. denied, Hodges v. Hodges, 358 U.S. 894, 79 S. Ct. 156, 3 L. Ed. 2d 121, 1958 U.S. LEXIS 163 (1958) (decided under prior law).

20. — Withdrawal.

Either party may, at any time before final submission, withdraw all or any part of his pleadings. Hodges v. Murray, 240 Ky. 127 , 41 S.W.2d 923, 1931 Ky. LEXIS 355 ( Ky. 1931 ), overruled, Johnson v. May, 305 Ky. 292 , 203 S.W.2d 37, 1947 Ky. LEXIS 785 ( Ky. 1947 ), overruled in part, Johnson v. May, 305 Ky. 292 , 203 S.W.2d 37, 1947 Ky. LEXIS 785 ( Ky. 1947 ), overruled on other grounds, Johnson v. May, 305 Ky. 292, 203 S.W.2d 37, 1947 Ky. LEXIS 785 (Ky. 1947) (decided under prior law).

21. — Parties.

Where there were four commissioners to be elected in city operating under commission form of government, and there were eight (8) candidates, none of whom was a candidate for any particular commissionership, one candidate who was conceded to have been fairly elected was not a necessary party to a contest over the remaining three commissionerships. Burns v. Lackey, 171 Ky. 21 , 186 S.W. 909, 1916 Ky. LEXIS 297 ( Ky. 1916 ) (decided under prior law).

One of several candidates for an office could maintain a contest proceeding against the successful candidate, without joining as parties the other candidates, although some of the other candidates, according to the returns, received more votes than the contestant. Kirby v. Creech, 235 Ky. 816 , 32 S.W.2d 419, 1930 Ky. LEXIS 483 ( Ky. 1930 ) (decided under prior law).

Whether the parties were denominated as plaintiff and defendant, or contestant and contestee was of no significance. Substance, rather than form, controls. Arnett v. Hensley, 425 S.W.2d 546, 1968 Ky. LEXIS 418 ( Ky. 1968 ) (decided under prior law).

22. — Judgment.

Where contest was instituted and issues joined, and some evidence was taken, and then board of election commissioners, after reconvening to canvass returns of omitted precinct pursuant to court order, issued certificate of election to contestant, whereupon contestee in first suit instituted contest against erstwhile contestant, and in second suit both parties treated issues as being made up, defendant in second suit was not entitled to judgment on the pleadings notwithstanding failure of plaintiff to file timely reply to answer setting forth counter contest, and it was proper to permit plaintiff to file reply after expiration of prescribed time. Powell v. Horn, 159 Ky. 532 , 167 S.W. 928, 1914 Ky. LEXIS 862 ( Ky. 1914 ) (decided under prior law).

23. — Failure to Defend.

Where contestee did not file answer and did not defend the suit, it was not necessary for contestant to take evidence to support the allegations of his petition. Edwards v. Loy, 113 Ky. 746 , 68 S.W. 1091, 24 Ky. L. Rptr. 545 , 1902 Ky. LEXIS 102 ( Ky. 1902 ) (decided under prior law).

If contestee did not file a defensive pleading within the prescribed time, contestant was entitled to default judgment without introducing proof in support of his petition, but he was only entitled to such relief as was within the fair scope of the allegations and prayer of the petition. Doss v. Howard, 180 Ky. 413 , 202 S.W. 888, 1918 Ky. LEXIS 83 ( Ky. 1918 ) (decided under prior law).

Petition properly alleging facts sufficient to show that contestant was elected by majority of legal votes, and praying that he be declared elected, entitled contestant to judgment by default declaring him elected where contestee filed no defensive pleading. Doss v. Howard, 180 Ky. 413 , 202 S.W. 888, 1918 Ky. LEXIS 83 ( Ky. 1918 ) (decided under prior law).

24. Petition.

Petition alleging that illegal votes were cast in certain precincts, that votes in other precincts were erroneously not counted for contestee, and that voters in other precincts were wrongfully denied the right to vote, the number of voters in each instance being designated but the names of the voters not being stated, was sufficient, in the absence of a motion to make more definite and certain. Tunks v. Vincent, 106 Ky. 829 , 51 S.W. 622, 21 Ky. L. Rptr. 475 , 1899 Ky. LEXIS 111 ( Ky. 1899 ) (decided under prior law).

Petition alleging that contestant was Republican candidate for office, and that he was duly and legally elected to the office, was sufficient without alleging in specific terms that contestant was eligible to the office. Tunks v. Vincent, 106 Ky. 829 , 51 S.W. 622, 21 Ky. L. Rptr. 475 , 1899 Ky. LEXIS 111 ( Ky. 1899 ) (decided under prior law).

Although proof shows that illegal votes were cast for contestee, they could not be deducted from contestee’s total unless names of such voters were set forth in contestant’s petition. Francis v. Sturgill, 163 Ky. 650 , 174 S.W. 753, 1915 Ky. LEXIS 318 ( Ky. 1915 ), limited, Napier v. Roberts, 172 Ky. 227 , 189 S.W. 206, 1916 Ky. LEXIS 191 ( Ky. 1916 ) (decided under prior law).

The contestant, in his petition, need not negative the fact that illegal votes were received by him, or affirmatively allege that all of the votes received by him were legal votes. Rose v. Cecil, 167 Ky. 608 , 181 S.W. 170, 1916 Ky. LEXIS 445 ( Ky. 1916 ) (decided under prior law).

Where petition alleged specific illegal votes and prayed that they be thrown out and contestant declared elected, contestant was not entitled to have election declared void. Gross v. Ball, 258 Ky. 730 , 81 S.W.2d 409, 1935 Ky. LEXIS 230 ( Ky. 1935 ) (decided under prior law).

In order to have illegal votes deducted from the contestee’s vote it was indispensably necessary for the contestant to set out in his pleading the names of the illegal voters and for whom their votes were cast. WATTS v. FUGATE, 442 S.W.2d 569, 1969 Ky. LEXIS 271 (Ky. Ct. App. 1969) (decided under prior law).

If the contestant did not know how the illegal votes were cast, and there were not enough to invalidate the election, he did not have a cause of action. WATTS v. FUGATE, 442 S.W.2d 569, 1969 Ky. LEXIS 271 (Ky. Ct. App. 1969) (decided under prior law).

25. — Filing.

Where thirtieth day after day of election falls on Sunday, petition could not be filed on following day, but had to be filed on a previous day. Lowry v. Stotts, 138 Ky. 251 , 127 S.W. 789, 1910 Ky. LEXIS 65 ( Ky. 1910 ) (decided under prior law).

The time for pleading could not be extended unless it affirmatively appeared that a good excuse for the delay existed, arising out of unusual or extraordinary conditions appearing in the record, or due to accident or surprise which ordinary prudence could not have guarded against, or resulting from unavoidable casualty or misfortune, and that the rights of the adverse party were not affected by the delay. Allen v. Haddix, 178 Ky. 389 , 198 S.W. 1155, 1917 Ky. LEXIS 737 ( Ky. 1917 ) (decided under prior law).

The provision of the former similar section as to the time within which a contest had to be commenced was mandatory. Colvin v. Mills, 214 Ky. 812 , 284 S.W. 115, 1926 Ky. LEXIS 434 ( Ky. 1926 ) (decided under prior law).

26. — Sufficiency.

Petition alleging fraud in election need not specifically allege that fraud affected the result, if allegations taken as a whole necessarily imply that fact. Adams v. Roberts, 119 Ky. 364 , 83 S.W. 1035, 26 Ky. L. Rptr. 1271 , 1904 Ky. LEXIS 173 ( Ky. 1904 ) (decided under prior law).

Answer alleging that illegal votes were cast for contestee, but not alleging the number of such votes or the names of the voters, or the grounds of illegality, was not sufficient to entitle contestee to judgment on the pleadings, although contestant had filed no reply. Phillips v. Ratliff, 134 Ky. 704 , 121 S.W. 460, 1909 Ky. LEXIS 413 ( Ky. 1909 ) (decided under prior law).

Contest suits involving several offices could be consolidated for trial where evidence would be substantially the same. Powell v. Horn, 159 Ky. 532 , 167 S.W. 928, 1914 Ky. LEXIS 862 ( Ky. 1914 ) (decided under prior law).

Where petition alleged that certain voters, naming them, were not legally qualified, and alleged various grounds of disqualification, it was sufficient, in absence of motion to make more definite and certain, although it did not allege as to each named voter which ground of disqualification applied to him. Doss v. Howard, 180 Ky. 413 , 202 S.W. 888, 1918 Ky. LEXIS 83 ( Ky. 1918 ) (decided under prior law).

Where the petition sought to have the election in one precinct thrown out on the ground of fraud, intimidation, bribery and violence, and the contestant declared elected on his majority in the other precincts, the names and number of illegal voters need not be set forth if the facts constituting the fraud were sufficiently alleged. Schoonmaker v. Dunlap, 180 Ky. 835 , 203 S.W. 709, 1918 Ky. LEXIS 139 ( Ky. 1918 ) (decided under prior law).

Petition stating names of alleged illegal voters, but not stating facts which made their votes illegal, was sufficient where contestee did not move to make petition more definite and certain. Felts v. Edwards, 181 Ky. 287 , 204 S.W. 145 ( Ky. 1918 ) (decided under prior law).

Where contestee filed demurrer with answer, contestant could not file amended petition, curing defects in original petition, in vacation, without first giving notice to the contestee. Felts v. Edwards, 181 Ky. 287 , 204 S.W. 145 ( Ky. 1918 ) (decided under prior law).

Where pleadings alleged that contestee had been awarded certificate of election, contestant could not be adjudged to have been elected in the absence of allegations of facts in his petition showing that he received more votes than contestee. Mere allegation that contestant “was duly elected” was not sufficient, where there were no allegations as to the number of votes received by either party. Bingham v. Johnson, 193 Ky. 753 , 237 S.W. 1077, 1922 Ky. LEXIS 90 ( Ky. 1922 ) (decided under prior law).

Fact that petition was designated “petition in equity,” and that parties were designated “plaintiff” and “defendant,” was not fatal where petition otherwise was sufficient. Hewlett v. Carter, 194 Ky. 454 , 239 S.W. 789, 1922 Ky. LEXIS 179 ( Ky. 1922 ). See Noble v. Bowman, 249 Ky. 343 , 60 S.W.2d 948, 1933 Ky. LEXIS 525 ( Ky. 1933 ) (decided under prior law).

Where petition prayed that election be held void on account of bribery, it was not necessary to allege names of voters who were bribed. Burke v. Greer, 197 Ky. 555 , 247 S.W. 715, 1923 Ky. LEXIS 673 ( Ky. 1923 ) (decided under prior law).

Petition which prayed that election be held void on ground of bribery, and alleged that a designated number of voters, sufficient to affect result of election, were bribed, stated a good cause of action. Burke v. Greer, 197 Ky. 555 , 247 S.W. 715, 1923 Ky. LEXIS 673 ( Ky. 1923 ) (decided under prior law).

Where petition did not give names of alleged illegal voters, but contestee made no motion to make more definite and certain and permitted proof to be offered as to such voters without objection, contestee could not, on final submission, raise question as to sufficiency of petition. Siler v. Brown, 215 Ky. 199 , 284 S.W. 997, 1926 Ky. LEXIS 669 ( Ky. 1926 ), overruled in part, Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ), overruled on other grounds, Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ) (decided under prior law).

Petition alleging that certain voters had not resided in county and precinct the required length of time was sufficient without setting forth the specific facts as to the period of residence of each voter. Land v. Land, 244 Ky. 126 , 50 S.W.2d 518, 1931 Ky. LEXIS 720 ( Ky. 1931 ) (decided under prior law).

Where petition alleged only that certain voter was a nonresident, court could not throw out his vote on any other ground. Land v. Land, 244 Ky. 126 , 50 S.W.2d 518, 1931 Ky. LEXIS 720 ( Ky. 1931 ) (decided under prior law).

Petition seeking to have election declared void on ground that a number of voters used supplemental loose ballots furnished by county clerk after original supply ran out was insufficient where the names of the voters who used such ballots were not set forth, it appearing that contestant could have ascertained the names from the stubs. Watts v. Bowen, 250 Ky. 678 , 63 S.W.2d 917, 1933 Ky. LEXIS 762 ( Ky. 1933 ) (decided under prior law).

Contestant, in order to show his right to sue, needed only to allege his candidacy, and that his name as such candidate was on the ballot; he did not need to allege his citizenship or other qualifications. Brandenberg v. Hurst, 290 Ky. 592 , 162 S.W.2d 223, 1942 Ky. LEXIS 471 ( Ky. 1942 ) (decided under prior law).

A general allegation that voters in certain precincts were prevented from casting their ballots, not setting forth the names of the voters involved, was not sufficient. Jackson v. Bolt, 292 Ky. 503 , 166 S.W.2d 831, 1942 Ky. LEXIS 92 ( Ky. 1942 ) (decided under prior law).

Where it was sought to have votes eliminated on the ground that they were illegal because they were cast openly in the presence of other persons, the names of the persons casting the illegal votes had to be alleged. This is true even though the allegation was that all of the votes cast in the precinct were illegal. Jackson v. Bolt, 292 Ky. 503 , 166 S.W.2d 831, 1942 Ky. LEXIS 92 ( Ky. 1942 ) (decided under prior law).

27. — Amendment.

Where original petition alleged that certain named voters voted openly on the table, but did not allege that such voters did not take the oath before so voting, it was proper to permit amendment of petition setting forth latter fact. Clark v. Robinson, 159 Ky. 25 , 166 S.W. 801, 1914 Ky. LEXIS 756 ( Ky. 1914 ) (decided under prior law).

Where petition stated names of voters alleged to have voted illegally, petition could not be subsequently amended to add names of other illegal voters. Clark v. Robinson, 159 Ky. 25 , 166 S.W. 801, 1914 Ky. LEXIS 756 ( Ky. 1914 ) (decided under prior law).

Where original petition alleged illegal voting in designated precincts, it could not be amended, even in response to motion to make more definite and certain, to allege illegal voting in other precincts. Francis v. Sturgill, 163 Ky. 650 , 174 S.W. 753, 1915 Ky. LEXIS 318 ( Ky. 1915 ), limited, Napier v. Roberts, 172 Ky. 227 , 189 S.W. 206, 1916 Ky. LEXIS 191 ( Ky. 1916 ) (decided under prior law).

Where original petition, alleging illegal voting, did not give names of illegal voters, and contestee filed a motion to make more definite and certain, but the case proceeded to trial and evidence was completed without any action being taken on the motion, contestant could not then amend his petition to set forth the names of the illegal voters. Francis v. Sturgill, 163 Ky. 650 , 174 S.W. 753, 1915 Ky. LEXIS 318 ( Ky. 1915 ), limited, Napier v. Roberts, 172 Ky. 227 , 189 S.W. 206, 1916 Ky. LEXIS 191 ( Ky. 1916 ) (decided under prior law).

Where petition alleged illegal voting, but did not set forth names of illegal voters, an amendment to set forth such names was permissible, whether objection to petition was raised by motion to make more definite or by motion to strike, and regardless of fact that court was not in session when contestee’s motion was filed and proof was completed before court convened. Burke v. Greer, 197 Ky. 555 , 247 S.W. 715, 1923 Ky. LEXIS 673 ( Ky. 1923 ) (decided under prior law).

A pleading could be amended to make more specific the grounds of contest alleged. Siler v. Brown, 215 Ky. 199 , 284 S.W. 997, 1926 Ky. LEXIS 669 ( Ky. 1926 ), overruled in part, Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ), overruled on other grounds, Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ) (decided under prior law).

Where post-election expense statement was not filed until after time for bringing contest had expired, contestant could amend his petition to set forth grounds of contest disclosed by statement, but amendment had to be filed within ten days after statement was filed. Taylor v. Neutzel, 220 Ky. 510 , 295 S.W. 873, 1927 Ky. LEXIS 575 ( Ky. 1927 ) (decided under prior law).

A defective pleading could be perfected by amendment. Burke v. Greer, 197 Ky. 555 , 247 S.W. 715, 1923 Ky. LEXIS 673 ( Ky. 1923 ). See Hodges v. Murray, 240 Ky. 127 , 41 S.W.2d 923, 1931 Ky. LEXIS 355 ( Ky. 1931 ), overruled, Johnson v. May, 305 Ky. 292 , 203 S.W.2d 37, 1947 Ky. LEXIS 785 ( Ky. 1947 ) (decided under prior law).

The closing sentence of the former similar section prohibiting the filing of any pleading subsequent to a reply was merely to accelerate trial of election contests by dispensing with the usual formalities of pleading subsequent to a reply and did not preclude the filing of an amended petition within the 30-day period after the election. Adams v. Helton, 296 Ky. 9 , 175 S.W.2d 1012, 1943 Ky. LEXIS 761 ( Ky. 1943 ) (decided under prior law).

Under the express provisions of the former similar section no new or additional grounds of contest could be set up after the expiration of the time allowed therefor, however, a ground of contest defectively stated within the time could be perfected by amendment. Widick v. Ralston, 303 Ky. 373 , 197 S.W.2d 261, 1946 Ky. LEXIS 825 , 1946 Ky. LEXIS 880 ( Ky. 1946 ) (decided under prior law).

The time to state grounds of contest could not be extended by reservation of party or by permission of the court. Hodges v. Hodges, 314 S.W.2d 208, 1958 Ky. LEXIS 292 ( Ky. 1958 ), cert. denied, 358 U.S. 894, 79 S. Ct. 156, 3 L. Ed. 2d 121, 1958 U.S. LEXIS 163 (1958), cert. denied, Hodges v. Hodges, 358 U.S. 894, 79 S. Ct. 156, 3 L. Ed. 2d 121, 1958 U.S. LEXIS 163 (1958) (decided under prior law).

Unless otherwise provided by statute a ground of contest improperly or defectively stated in the petition could be cured by an amendment filed after the time provided by the statute in which to file an original petition. WATTS v. FUGATE, 442 S.W.2d 569, 1969 Ky. LEXIS 271 (Ky. Ct. App. 1969) (decided under prior law).

An amendment making an additional allegation to the effect that it was not possible to determine for whom the voters named in the complaint as having voted illegally cast their votes would not have stated a new ground of contest, but would simply have enlarged and made more definite the ground of contest theretofore stated in the complaint, and should have been permitted. WATTS v. FUGATE, 442 S.W.2d 569, 1969 Ky. LEXIS 271 (Ky. Ct. App. 1969) (decided under prior law).

28. — New Grounds.

If anything occurred after a contest had been instituted and after the time for pleading had expired, which was a relevant and necessary fact to be shown in aid of the original grounds alleged, an amendment stating such fact should be permitted. Adams v. Roberts, 119 Ky. 364 , 83 S.W. 1035, 26 Ky. L. Rptr. 1271 , 1904 Ky. LEXIS 173 ( Ky. 1904 ) (decided under prior law).

A petition could be amended to correct a mistake, where the correction did not set up any new or different ground of contest. Phillips v. Ratliff, 134 Ky. 704 , 121 S.W. 460, 1909 Ky. LEXIS 413 ( Ky. 1909 ) (decided under prior law).

Where ground of contest set forth in original petition was that contestee had filed his certificate of nomination after time for filing had expired, contestant could not amend petition to allege that contestee had not filed any certificate of nomination. Hewlett v. Carter, 194 Ky. 454 , 239 S.W. 789, 1922 Ky. LEXIS 179 ( Ky. 1922 ) (decided under prior law).

Charge of open voting could not be made by way of amendment, since it constituted a new ground of contest. Siler v. Brown, 215 Ky. 199 , 284 S.W. 997, 1926 Ky. LEXIS 669 ( Ky. 1926 ), overruled in part, Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ), overruled on other grounds, Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ) (decided under prior law).

The contestant could amend his petition to enlarge the grounds of his contest or to make it more definite and certain, but the amendment had to be connected with the original grounds and no new ground could be brought in by amendment. Taylor v. Neutzel, 220 Ky. 510 , 295 S.W. 873, 1927 Ky. LEXIS 575 ( Ky. 1927 ) (decided under prior law).

Where original petition did not allege violations of corrupt practices act, such violations could not be made grounds of contest by amendment. Taylor v. Neutzel, 220 Ky. 510 , 295 S.W. 873, 1927 Ky. LEXIS 575 ( Ky. 1927 ) (decided under prior law).

29. — Answer.

Where answer setting up grounds of counter contest stated names of alleged illegal voters, and certain reasons why their votes were illegal, it was proper to permit contestee to amend answer to set forth additional reasons why such votes were illegal. Johnson v. Little, 176 Ky. 505 , 196 S.W. 156, 1917 Ky. LEXIS 90 ( Ky. 1917 ) (decided under prior law).

Where answer of defendant alleged facts showing that illegal votes were cast for plaintiff, prayer that plaintiff’s petition be dismissed and that defendant be adjudged elected was sufficient without specifically praying that illegal votes be deducted. Brewer v. Compton, 276 Ky. 53 , 122 S.W.2d 1024, 1938 Ky. LEXIS 532 ( Ky. 1938 ) (decided under prior law).

30. — Filing.

The requirement of the former similar section that answer be filed within 20 days was mandatory. Combs v. Eversole, 114 Ky. 222 , 70 S.W. 638, 24 Ky. L. Rptr. 1063 , 1902 Ky. LEXIS 151 ( Ky. 1902 ). See Allen v. Brown, 144 Ky. 414 , 138 S.W. 253, 1911 Ky. LEXIS 609 ( Ky. 1911 ) (decided under prior law).

In determining the time within which the defendant had to answer, the day on which the summons was served had to be counted as one of the 20 days. Combs v. Eversole, 114 Ky. 222 , 70 S.W. 638, 24 Ky. L. Rptr. 1063 , 1902 Ky. LEXIS 151 ( Ky. 1902 ) (decided under prior law).

Alleged misrepresentation by contestant’s brother that contest suit would be withdrawn did not excuse contestee from obligation to file his answer within 20 days. Allen v. Brown, 144 Ky. 414 , 138 S.W. 253, 1911 Ky. LEXIS 609 ( Ky. 1911 ) (decided under prior law).

The provisions of the former similar section as to the time within which an answer or reply could be filed were mandatory, and an answer or reply tendered after the time had expired would not be accepted unless it was accompanied by affidavits showing good cause for the delay, such as accident, surprise, unavoidable casualty or misfortune. Powell v. Horn, 159 Ky. 532 , 167 S.W. 928, 1914 Ky. LEXIS 862 ( Ky. 1914 ) (decided under prior law).

Where contestee did not file answer within prescribed time, or offer any excuse for his failure, contestant was entitled to judgment by default. Allen v. Haddix, 178 Ky. 389 , 198 S.W. 1155, 1917 Ky. LEXIS 737 ( Ky. 1917 ) (decided under prior law).

Where answer was lodged with clerk within 20 days after service of summons, the fact that the clerk, by mistake, indorsed upon it that it was to be “filed” on the next rule day, which was after the 20 days had expired, was not grounds for striking the answer. Campbell v. Mason, 269 Ky. 128 , 106 S.W.2d 100, 1937 Ky. LEXIS 555 ( Ky. 1937 ) (decided under prior law).

31. — Demurrer.

If contestee wished to demur he had to file his demurrer within 20 days after service of summons. Doss v. Howard, 180 Ky. 413 , 202 S.W. 888, 1918 Ky. LEXIS 83 ( Ky. 1918 ) (decided under prior law).

Contestee’s demurrer to petition would not raise question of contestant’s right to have his name on the ballot. Kirby v. Creech, 235 Ky. 816 , 32 S.W.2d 419, 1930 Ky. LEXIS 483 ( Ky. 1930 ) (decided under prior law).

32. Reply.

Where contestant filed no reply to contestee’s answer, in which the casting of illegal votes for contestant was properly alleged, contestee was entitled to judgment on the pleadings. In such case, the fact that contestant had alleged in his petition that all of the votes received by him were legal votes did not relieve him of the necessity of filing a reply, since such allegation in his petition was surplusage. Rose v. Cecil, 167 Ky. 608 , 181 S.W. 170, 1916 Ky. LEXIS 445 ( Ky. 1916 ) (decided under prior law).

Where petition alleged only that certificate of returns in certain precinct had been fraudulently altered, contestant could not, in reply, allege fraud, intimidation and bribery as a ground for throwing out the vote of such precinct. Herald v. Turner, 237 Ky. 827 , 36 S.W.2d 623, 1931 Ky. LEXIS 694 ( Ky. 1931 ) (decided under prior law).

Where contestee’s original answer alleged that contestant had violated Corrupt Practices Act, which contestant denied in reply, contestant was not required to file another reply to contestee’s amended answer in which certain allegations were made more specific and the charge of violating the corrupt practices act was realleged. Caudill v. Stidham, 246 Ky. 174 , 54 S.W.2d 654, 1932 Ky. LEXIS 726 ( Ky. 1932 ), overruled, Hogg v. Caudill, 254 Ky. 409 , 71 S.W.2d 1020, 1934 Ky. LEXIS 105 ( Ky. 1934 ), overruled in part, Hogg v. Caudill, 254 Ky. 409 , 71 S.W.2d 1020, 1934 Ky. LEXIS 105 ( Ky. 1934 ), overruled, Widick v. Ralston, 303 Ky. 373 , 197 S.W.2d 261, 1946 Ky. LEXIS 880 (1946), overruled on other grounds, Hogg v. Caudill, 254 Ky. 409, 71 S.W.2d 1020, 1934 Ky. LEXIS 105 (Ky. 1934) (decided under prior law).

33. Evidence.

Fact that evidence showed that election officers in one precinct were drunk, that unauthorized persons were permitted to remain in voting room, and that over 70 percent of votes were cast openly on the table, did not constitute grounds for throwing out vote of precinct where none of such irregularities were alleged in the pleadings. Neely v. Rice, 123 Ky. 806 , 97 S.W. 737, 29 Ky. L. Rptr. 1142 , 30 Ky. L. Rptr. 164 , 1906 Ky. LEXIS 218 (Ky. Ct. App. 1906) (decided under prior law).

A contestant could not be declared elected unless he proved that he received the most legal votes, but failing that, he may nevertheless prevent the contestee from receiving the office by showing that the contestee was not legally elected or that the election was void because of fraud, intimidation, bribery or violence. Francis v. Sturgill, 163 Ky. 650 , 174 S.W. 753, 1915 Ky. LEXIS 318 ( Ky. 1915 ), limited, Napier v. Roberts, 172 Ky. 227 , 189 S.W. 206, 1916 Ky. LEXIS 191 ( Ky. 1916 ) (decided under prior law).

Proof as to illegal votes in certain precincts could not be admitted unless illegal voting in such precincts was alleged in the petition or answer. Siler v. Brown, 215 Ky. 199 , 284 S.W. 997, 1926 Ky. LEXIS 669 ( Ky. 1926 ), overruled in part, Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ), overruled on other grounds, Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ) (decided under prior law).

Evidence as to open voting by certain voters could not be admitted unless there was a pleading alleging open voting by such voters. Siler v. Brown, 215 Ky. 199 , 284 S.W. 997, 1926 Ky. LEXIS 669 ( Ky. 1926 ), overruled in part, Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ), overruled on other grounds, Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ) (decided under prior law).

Cited:

Kirby v. Wood, 558 S.W.2d 180, 1977 Ky. App. LEXIS 864 (Ky. Ct. App. 1977); Wood v. Kirby, 566 S.W.2d 751, 1978 Ky. LEXIS 364 ( Ky. 1978 ); Brown v. Hartlage, 456 U.S. 45, 102 S. Ct. 1523, 71 L. Ed. 2d 732, 1982 U.S. LEXIS 92 (1982); McClendon v. Hodges, — S.W.3d —, 2007 Ky. App. LEXIS 230 (Ky. Ct. App. 2007); McClendon v. Hodges, 272 S.W.3d 188, 2008 Ky. LEXIS 257 ( Ky. 2008 ).

Opinions of Attorney General.

Since there is no provision in this section and KRS 120.165 , the general election contest law, that in any way affects the rights of the candidates involved to run for office in the future, including the same office for an unexpired term where the office has been declared vacant, the two men who were elected to school board positions in an election that was contested and then declared void because of the improper conduct of the election officers would be qualified to run for the same office again. OAG 75-527.

120.160. Notification of nominees by Secretary of State. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 272, § 6; 1974, ch. 315, § 8) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.601 .

120.165. Procedure in contest of regular election — Trial — Judgment.

  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 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 case 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 may grant a reasonable extension  of time to either party.
  3. All  voting machines, 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 Circuit 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. If  one of the parties is adjudged by the court to be elected to the office, he  shall, on production of a copy of the final judgment, be permitted to qualify  or be commissioned.

History. Enact. Acts 1974, ch. 130, § 164; 1976 (Ex. Sess.), ch. 14, § 136, effective January 2, 1978.

NOTES TO DECISIONS

1. In General.

Election contests are purely statutory. WATTS v. FUGATE, 442 S.W.2d 569, 1969 Ky. LEXIS 271 (Ky. Ct. App. 1969) (decided under prior law).

2. Construction.

The provisions of former similar section were mandatory. Howard v. Bentley, 302 Ky. 854 , 196 S.W.2d 730, 1946 Ky. LEXIS 770 ( Ky. 1946 ) (decided under prior law).

The statutes governing election contests are mandatory and the statutory limitations as to time within which pleadings may be filed and proof taken should be strictly enforced. Ward v. Story, 258 S.W.2d 515, 1953 Ky. LEXIS 859 ( Ky. 1953 ) (decided under prior law).

3. Eligibility and Qualifications.

Eligibility for office cannot be challenged in a contest of an election. Brandenberg v. Hurst, 290 Ky. 592 , 162 S.W.2d 223, 1942 Ky. LEXIS 471 ( Ky. 1942 ) (decided under prior law).

4. Final Judgment.

In the case of an appeal, the “final judgment” referred to in the last sentence of former similar section was the judgment entered by the Circuit Court pursuant to the mandate of the Court of Appeals. Bradley v. Georgetown, 118 Ky. 735 , 82 S.W. 303, 26 Ky. L. Rptr. 614 , 1904 Ky. LEXIS 94 ( Ky. 1904 ) (decided under prior law).

5. Machine Malfunction.

Where the mechanical failure in the tabulation of the votes was such as to color the election with fraud and the proper tabulation of votes could not be done with a reasonable degree of certainty, the election was void. Wood v. Kirby, 566 S.W.2d 751, 1978 Ky. LEXIS 364 ( Ky. 1978 ).

6. Constructive Fraud.

The fraud contemplated by this section is not limited to conduct of or action by the candidates, but includes what might be classified as constructive fraud which arises through some breach of a legal duty which, irrespective of moral guilt, the law would pronounce fraudulent because of its tendency to deceive others, to violate confidence, or to injure public interests. Wood v. Kirby, 566 S.W.2d 751, 1978 Ky. LEXIS 364 ( Ky. 1978 ).

7. Evidence.

Proof that a voter was a member of a certain party was competent evidence on the question of how he voted. Tunks v. Vincent, 106 Ky. 829 , 51 S.W. 622, 21 Ky. L. Rptr. 475 , 1899 Ky. LEXIS 111 ( Ky. 1899 ) (decided under prior law).

Where there was evidence that certain illegal voter was a Republican, and, when Democratic contestant sought to secure his testimony as to how he voted, counsel for Republican contestee objected, evidence was sufficient to support finding that such voter had voted for contestee. Tunks v. Vincent, 106 Ky. 829 , 51 S.W. 622, 21 Ky. L. Rptr. 475 , 1899 Ky. LEXIS 111 ( Ky. 1899 ) (decided under prior law).

Where ballots were offered in evidence, the opposing party had the right to introduce evidence showing that the ballots had been tampered with since the election, although the time prescribed by former similar section for taking proof had expired. Galloway v. Bradburn, 119 Ky. 49 , 82 S.W. 1013, 26 Ky. L. Rptr. 977 , 1904 Ky. LEXIS 144 ( Ky. 1904 ) (decided under prior law).

Where election of school board member was being held at same time as election for other offices, and there was a separate school ballot, the fact that the school ballots ran out at 3 p.m. and that a number of persons presented themselves to vote after that time was not grounds for declaring the school election void, without proof by contestant that persons who voted after 3 p.m. were qualified and desired to vote the school ballot and that they were sufficient in number to change the result of the election. Drennan v. Roberts, 234 Ky. 574 , 28 S.W.2d 735, 1930 Ky. LEXIS 218 ( Ky. 1930 ) (decided under prior law).

How a voter voted may be established by circumstantial evidence. Hodges v. Murray, 240 Ky. 127 , 41 S.W.2d 923, 1931 Ky. LEXIS 355 ( Ky. 1931 ), overruled, Johnson v. May, 305 Ky. 292 , 203 S.W.2d 37, 1947 Ky. LEXIS 785 ( Ky. 1947 ), overruled in part, Johnson v. May, 305 Ky. 292 , 203 S.W.2d 37, 1947 Ky. LEXIS 785 ( Ky. 1947 ), overruled on other grounds, Johnson v. May, 305 Ky. 292, 203 S.W.2d 37, 1947 Ky. LEXIS 785 (Ky. 1947) (decided under prior law).

Where it appeared that contestant was instrumental in having certain illegal voter vote, and contestant objected to admission of testimony of such voter as to how he voted, court was justified in concluding that such voter voted for contestant. Land v. Land, 244 Ky. 126 , 50 S.W.2d 518, 1931 Ky. LEXIS 720 ( Ky. 1931 ) (decided under prior law).

Where, at the conclusion of the defendant’s evidence, the plaintiffs stated they had no rebuttal evidence at that time, the court, in its discretion, properly ordered plaintiffs’ case closed, even though they insisted on seven-day period allowed by subsection (2) of former similar section. Johnson v. May, 307 Ky. 399 , 211 S.W.2d 135, 1948 Ky. LEXIS 742 ( Ky. 1948 ) (decided under prior law).

Subsection (2) of former similar section permitted the introduction of rebuttal evidence in election contests within seven (7) days after contestee had concluded, but did not permit the contestant to introduce, by way of rebuttal, testimony concerning the votes of certain persons about whose votes no testimony had been offered in chief. Gross v. Helton, 267 S.W.2d 67, 1954 Ky. LEXIS 824 ( Ky. 1954 ) (decided under prior law).

Where evidence in the recount phase of a case was received in the contest phase in order to avoid duplication, contestant who was allowed to add such further evidence as he desired was not deprived of any rights under the contest statute. Rives v. Pettit, 513 S.W.2d 475, 1974 Ky. LEXIS 371 ( Ky. 1974 ) (decided under prior law).

8. — Time for Taking.

Ballots may be examined by court and treated as evidence after expiration of time within which parties are required to take their proof. Edwards v. Logan, 114 Ky. 312 , 70 S.W. 852, 75 S.W. 257, 24 Ky. L. Rptr. 1099 , 25 Ky. L. Rptr. 435 , 1902 Ky. LEXIS 164 ( Ky. 1902 ) (decided under prior law).

Agreement between contestant and contestee, extending time in which each could complete taking of proof, was binding. Francis v. Sturgill, 163 Ky. 650 , 174 S.W. 753, 1915 Ky. LEXIS 318 ( Ky. 1915 ), limited, Napier v. Roberts, 172 Ky. 227 , 189 S.W. 206, 1916 Ky. LEXIS 191 ( Ky. 1916 ) (decided under prior law).

Order of court submitting case and overruling contestee’s motion for a continuance was not error where more than 45 days had elapsed since contestant completed his proof, and contestee’s affidavit did not state what additional time he desired or what proof he would offer. Allen v. Haddix, 178 Ky. 389 , 198 S.W. 1155, 1917 Ky. LEXIS 737 ( Ky. 1917 ) (decided under prior law).

Contestant had to take his proof within the time allowed by former similar section, notwithstanding that the court had not acted on demurrer to answer and motion to strike filed by contestant. Buten v. Clark, 217 Ky. 436 , 289 S.W. 677, 1926 Ky. LEXIS 97 ( Ky. 1926 ) (decided under prior law).

The trial court has discretion to extend the time for taking proof if the circumstances are such that to deny an extension would be a denial of justice or a deprivation of the rights of a party. Land v. Land, 244 Ky. 126 , 50 S.W.2d 518, 1931 Ky. LEXIS 720 ( Ky. 1931 ) (decided under prior law).

Chancellor properly dismissed petition, where 30 days had expired from time summons served, without contestant having completed or even commenced taking evidence, and without him having requested, or having been granted additional time within which to take evidence, and where the motion of grounds for the contest were controverted in contestee’s answer. Howard v. Bentley, 302 Ky. 854 , 196 S.W.2d 730, 1946 Ky. LEXIS 770 ( Ky. 1946 ) (decided under prior law).

Where contestant failed to make a timely motion for an extension, before the time originally prescribed expired, the trial court had no authority to grant the extension. Jones v. Hammons, 357 S.W.2d 29, 1962 Ky. LEXIS 104 ( Ky. 1962 ) (decided under prior law).

9. — Depositions.

Where evidence is taken by depositions, the depositions should be transcribed and signed within the time allowed for taking proof. Skain v. Milward, 138 Ky. 200 , 127 S.W. 773, 1910 Ky. LEXIS 61 ( Ky. 1910 ) (decided under prior law).

Where depositions are taken within time allowed for taking proof, they may be filed after such time has expired. Potter v. Campbell, 159 Ky. 328 , 167 S.W. 404, 1914 Ky. LEXIS 810 ( Ky. 1914 ) (decided under prior law).

Former similar section necessarily contemplated that the contestee and the contestant both may have been taking depositions during the same period. Britton v. Garland, 335 S.W.2d 329, 1960 Ky. LEXIS 253 ( Ky. 1960 ) (decided under prior law).

10. — Illegal Votes.

In the case of illegal votes cast openly, the contestant must prove, by the election officers or the voter, for whom they were cast, and when such proof is made they will be deducted from the candidate for whom they were cast. Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ) (decided under prior law).

Illegal ballots secretly cast might be relied on to show the general uncertainty of an election, without proving for whom they were cast. Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ) (decided under prior law).

In order to deduct illegal votes from a candidate’s total, it had to be shown that they were cast and counted for him, but it could be shown by circumstantial evidence how they were cast. Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ) (decided under prior law).

If all illegal votes were deducted from contestee’s total, although it was not proved that they were all cast for contestee, and contestee still had a majority, his election could not be disturbed. Felts v. Edwards, 181 Ky. 287 , 204 S.W. 145 ( Ky. 1918 ). See Muncy v. Duff, 194 Ky. 303 , 239 S.W. 49, 1922 Ky. LEXIS 163 ( Ky. 1922 ) (decided under prior law).

Where the number of votes received by one candidate in a certain precinct is less than the number of illegal votes proved to have been cast in that precinct, the excess of illegal votes over the number of votes received by such candidate might have been deducted from the other candidate, without proof that they were cast for the latter. Siler v. Brown, 215 Ky. 199 , 284 S.W. 997, 1926 Ky. LEXIS 669 ( Ky. 1926 ), overruled in part, Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ), overruled on other grounds, Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ) (decided under prior law).

Although 20 percent or more of the votes of a precinct were cast after closing time, yet, if the names of the voters could be ascertained and it could be determined for whom they voted, the election would not be declared void, but the votes would be deducted from the total of the candidate for whom they were cast. Hogg v. Caudill, 254 Ky. 409 , 71 S.W.2d 1020, 1934 Ky. LEXIS 105 ( Ky. 1934 ) (decided under prior law).

Ballots voted alphabetically could not be thrown out, although obviously fraudulent, where it was not established by proof for whom they were cast. Gross v. Ball, 258 Ky. 730 , 81 S.W.2d 409, 1935 Ky. LEXIS 230 ( Ky. 1935 ) (decided under prior law).

Where no legal ballots were furnished to voters in certain precincts, such voters must have been regarded as having been disfranchised. Lakes v. Estridge, 294 Ky. 655 , 172 S.W.2d 454, 1943 Ky. LEXIS 509 ( Ky. 1943 ) (decided under prior law).

Where in one precinct, in school board election, two contestants received only 17 and 14 votes, while two contestees received 169 and 176 votes, and the evidence established that 90 illegal ballots were cast in alphabetical blocks, that the ballots must have been cast by the election officers, and that the election officers had openly supported the two contestees, the court was justified in concluding that all of the 90 illegal ballots were cast for the contestees and that this number should be deducted from their totals, rather than throwing out the entire precinct on the ground of fraud. Hendrickson v. Coign, 304 Ky. 383 , 200 S.W.2d 905, 1947 Ky. LEXIS 644 ( Ky. 1947 ) (decided under prior law).

11. — Burden of Proof.

The burden of proof was on the contestant to show such fraud, intimidation, bribery or violence in the conduct of the election that neither the contestant nor the contestee could have been adjudged to have been fairly elected. Skain v. Milward, 138 Ky. 200 , 127 S.W. 773, 1910 Ky. LEXIS 61 ( Ky. 1910 ) (decided under prior law).

12. — Compulsory Testimony.

Illegal voters may be compelled to testify how they voted, unless they may be subject to a criminal penalty and claim immunity on that ground. Hodges v. Murray, 240 Ky. 127 , 41 S.W.2d 923, 1931 Ky. LEXIS 355 ( Ky. 1931 ), overruled, Johnson v. May, 305 Ky. 292 , 203 S.W.2d 37, 1947 Ky. LEXIS 785 ( Ky. 1947 ). See Tunks v. Vincent, 106 Ky. 829 , 51 S.W. 622, 21 Ky. L. Rptr. 475 , 1899 Ky. LEXIS 111 ( Ky. 1899 ) (decided under prior law).

Voters who voted after closing time could be compelled to testify how they voted. Hogg v. Caudill, 254 Ky. 409 , 71 S.W.2d 1020, 1934 Ky. LEXIS 105 ( Ky. 1934 ) (decided under prior law).

13. — Party Membership.

The mere fact that a mentally incompetent person had been previously affiliated with a certain political party was not sufficient to justify conclusion that he voted for the candidates of that party. Edwards v. Logan, 114 Ky. 312 , 70 S.W. 852, 75 S.W. 257, 24 Ky. L. Rptr. 1099 , 25 Ky. L. Rptr. 435 , 1902 Ky. LEXIS 164 ( Ky. 1902 ) (decided under prior law).

Proof that a voter was considered to be a member of a certain political party was not sufficient to establish that he voted for the candidates of that party. Felts v. Edwards, 181 Ky. 287 , 204 S.W. 145 ( Ky. 1918 ) (decided under prior law).

14. — Testimony as to Vote.

Statements made by voter to others, after election, as to how he voted, were hearsay and not competent. Tunks v. Vincent, 106 Ky. 829 , 51 S.W. 622, 21 Ky. L. Rptr. 475 , 1899 Ky. LEXIS 111 ( Ky. 1899 ) (decided under prior law).

Where it was shown that one voter was mentally incompetent, evidence as to statements made by him as to how he voted was not competent. Edwards v. Logan, 114 Ky. 312 , 70 S.W. 852, 75 S.W. 257, 24 Ky. L. Rptr. 1099 , 25 Ky. L. Rptr. 435 , 1902 Ky. LEXIS 164 ( Ky. 1902 ) (decided under prior law).

A legal voter may not testify as to how he voted. Siler v. Brown, 215 Ky. 199 , 284 S.W. 997, 1926 Ky. LEXIS 669 ( Ky. 1926 ). See Schoonmaker v. Dunlap, 180 Ky. 835 , 203 S.W. 709, 1918 Ky. LEXIS 139 ( Ky. 1918 ) (decided under prior law).

Testimony by voter as to how he voted may be successfully contradicted by evidence as to his conduct and actions on the day of election and immediately preceding. Hodges v. Murray, 240 Ky. 127 , 41 S.W.2d 923, 1931 Ky. LEXIS 355 ( Ky. 1931 ), overruled, Johnson v. May, 305 Ky. 292 , 203 S.W.2d 37, 1947 Ky. LEXIS 785 ( Ky. 1947 ), overruled in part, Johnson v. May, 305 Ky. 292 , 203 S.W.2d 37, 1947 Ky. LEXIS 785 ( Ky. 1947 ), overruled on other grounds, Johnson v. May, 305 Ky. 292, 203 S.W.2d 37, 1947 Ky. LEXIS 785 (Ky. 1947) (decided under prior law).

15. — Contents of Ballots.

The contents of ballots could not be proved by parol, nor could a lost or destroyed ballot be supplied by parol. Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ) (decided under prior law).

Where Circuit Court erroneously refused to compel illegal voters to testify how they voted, Court of Appeals would not accept as true avowal of party as to how such voters would testify, but would reverse case with directions to compel such testimony on new trial. Hodges v. Murray, 240 Ky. 127 , 41 S.W.2d 923, 1931 Ky. LEXIS 355 ( Ky. 1931 ), overruled, Johnson v. May, 305 Ky. 292 , 203 S.W.2d 37, 1947 Ky. LEXIS 785 ( Ky. 1947 ), overruled in part, Johnson v. May, 305 Ky. 292 , 203 S.W.2d 37, 1947 Ky. LEXIS 785 ( Ky. 1947 ), overruled on other grounds, Johnson v. May, 305 Ky. 292, 203 S.W.2d 37, 1947 Ky. LEXIS 785 (Ky. 1947) (decided under prior law).

Where ballots of several precincts were stolen before election commissioners met to canvass returns, testimony of county clerk, from stub books in his possession, as to number of votes cast in such precincts, was competent, in contest involving magistrate’s race, to establish what percentage of votes was involved in such precincts, without proof as to how many of the ballots in such precincts were cast in the magistrate’s race. Scott v. Roberts, 255 Ky. 34 , 72 S.W.2d 728, 1934 Ky. LEXIS 177 ( Ky. 1934 ) (decided under prior law).

16. — Local Option Election.

Where, in local option election contest suit, six illegal voters testified they had voted in favor of prohibition, but before trial they executed written affidavits stating that they had voted against prohibition, and there was no evidence other than the affidavits to indicate that they had voted against prohibition, it was error to deduct their votes from the side opposed to prohibition. Adams v. Letcher County, 299 Ky. 171 , 184 S.W.2d 801, 1944 Ky. LEXIS 1039 ( Ky. 1944 ) (decided under prior law).

The purpose of KRS 242.030 , in requiring that at least 60 days elapse after filing of petition before holding of local option election, was to give ample time for investigation of signers of petition to determine validity of signatures; therefore trial court, in contest of local option election, did not err in failing to grant contestants more than five days additional time in which to take proof concerning insufficiency of signatures on petition. Peel v. Boyle County, 301 Ky. 655 , 191 S.W.2d 923, 1945 Ky. LEXIS 744 ( Ky. 1945 ) (decided under prior law).

17. Election Void.

Where, in election in city of Louisville, there was no election held in three (3) precincts, polling places were moved without notice and ballot boxes were stuffed in nine (9) precincts, ballots were stolen or burned in two (2) precincts, polls did not open until noon in two (2) precincts, and there was violence, intimidation, police interference and general fraud in a number of other precincts, and total vote involved in such precincts was enough to overcome contestees’ plurality and give contestants a substantial plurality, entire election was declared void. Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ) (decided under prior law).

Where contestant showed that a sufficient number of unqualified persons voted to affect the result of the election, but he did not show for whom they voted, he was not entitled to be declared elected, and having shown no fraud he was not entitled to have the election declared void. Drennan v. Roberts, 234 Ky. 574 , 28 S.W.2d 735, 1930 Ky. LEXIS 218 ( Ky. 1930 ) (decided under prior law).

Where it was established that neither contestant nor contestee had received a plurality of the votes, but that a third candidate who was not a party to the suit had received the plurality, it was adjudged that no candidate could be declared elected and that a vacancy existed. Kirby v. Creech, 235 Ky. 816 , 32 S.W.2d 419, 1930 Ky. LEXIS 483 ( Ky. 1930 ) (decided under prior law).

Judgment of Circuit Court that there was “no election” was sufficient, without adding that a vacancy existed as a result. Kirby v. Creech, 235 Ky. 816 , 32 S.W.2d 419, 1930 Ky. LEXIS 483 ( Ky. 1930 ) (decided under prior law).

Where armed body of men arrested election officers in school election and installed officers of their own, who conducted election, election was declared void. Middleton v. Lewis, 248 Ky. 86 , 58 S.W.2d 251, 1933 Ky. LEXIS 186 ( Ky. 1933 ) (decided under prior law).

Court could not declare an election void unless contestant had prayed for such relief in his petition and had alleged the necessary facts to state a cause of action for such relief. Gross v. Ball, 258 Ky. 730 , 81 S.W.2d 409, 1935 Ky. LEXIS 230 ( Ky. 1935 ). See Herald v. Turner, 237 Ky. 827 , 36 S.W.2d 623, 1931 Ky. LEXIS 694 ( Ky. 1931 ) (decided under prior law).

Where money and whiskey were used to influence voters, Circuit Court order was disregarded in selecting election officers, election equipment was stolen in one precinct, and in other precincts state patrolmen arrested election officers, confiscated ballot boxes and closed the polls, without warrant, the election was void, and office was declared vacant. Middleton v. Poer, 275 Ky. 401 , 121 S.W.2d 28, 1938 Ky. LEXIS 400 ( Ky. 1938 ) (decided under prior law).

In election contest where evidence showed conclusively that ballots in Six ballot boxes had been so exposed as to have provided opportunity for chicanery, election was invalid in respect to all offices contested but court could consider condition of ballots for purpose of determining that fraud was perpetrated. Smith v. Kincaid, 314 Ky. 333 , 235 S.W.2d 62, 1950 Ky. LEXIS 1089 ( Ky. 1950 ) (decided under prior law).

Where there were illegal votes cast in an election (as distinguished from fraud or impropriety in the conduct of an election) and it was impossible to determine for whom the votes were cast, the courts would not invalidate the election unless the amount of illegal votes was so substantial that the courts were warranted in concluding there was not a fair election. Napier v. Noplis, 318 S.W.2d 875, 1958 Ky. LEXIS 157 ( Ky. 1958 ) (decided under prior law).

Where the illegal votes secretly cast were so substantial in number and it could not be determined for whom they were cast, the elections affected were void. Wells v. Wallace, 337 S.W.2d 18, 1959 Ky. LEXIS 33 ( Ky. 1959 ) (decided under prior law).

Even though there be no fraud or other gross impropriety in the conduct of the election, if it has been established that a large proportion of the votes cast were illegal, and it is not possible to determine how the votes were cast so as to charge them to the recipient, the election will nevertheless be voided. Mills v. Broughton, 365 S.W.2d 315, 1962 Ky. LEXIS 291 ( Ky. 1962 ) (decided under prior law).

18. — Twenty Percent Rule.

Where at least 20 percent of voters voted openly on the table, and it was not shown for whom they voted, such number was sufficient to affect the result of the election, and as there were other irregularities, the election was held void. Harrison v. Stroud, 129 Ky. 193 , 110 S.W. 828, 33 Ky. L. Rptr. 653 , 1908 Ky. LEXIS 147 ( Ky. 1908 ) (decided under prior law).

Where vote of four (4) precincts which were thrown out because of fraud constituted more than 20 percent of total vote cast in election, entire election was declared void. Green v. Ball, 216 Ky. 563 , 288 S.W. 309, 1926 Ky. LEXIS 966 ( Ky. 1926 ) (decided under prior law).

Where there had been so much fraud that the illegal votes could not be separated from the legal ones, and it could not be determined with any accuracy how many illegal votes were cast, the so-called “20 percent” rule would not be applied. Taylor v. Neutzel, 220 Ky. 510 , 295 S.W. 873, 1927 Ky. LEXIS 575 ( Ky. 1927 ) (decided under prior law).

Where vote of one precinct was thrown out, and the vote of such precinct constituted more than 20 percent of total vote in election, entire election would be held void. Caudill v. Stidham, 246 Ky. 174 , 54 S.W.2d 654, 1932 Ky. LEXIS 726 ( Ky. 1932 ), overruled, Hogg v. Caudill, 254 Ky. 409 , 71 S.W.2d 1020, 1934 Ky. LEXIS 105 ( Ky. 1934 ), overruled in part, Hogg v. Caudill, 254 Ky. 409 , 71 S.W.2d 1020, 1934 Ky. LEXIS 105 ( Ky. 1934 ), overruled, Widick v. Ralston, 303 Ky. 373 , 197 S.W.2d 261, 1946 Ky. LEXIS 880 (1946), overruled on other grounds, Hogg v. Caudill, 254 Ky. 409, 71 S.W.2d 1020, 1934 Ky. LEXIS 105 (Ky. 1934) (decided under prior law).

The fact that some voters used supplemental loose ballots, furnished by county clerk after original ballots ran out, was not grounds for throwing out vote of precinct, where number of voters who used such ballots was less than 20 percent of total number of voters. Watts v. Bowen, 250 Ky. 678 , 63 S.W.2d 917, 1933 Ky. LEXIS 762 ( Ky. 1933 ) (decided under prior law).

Where illegal votes were cast, in sufficient number to affect result of election, and it could not be determined for whom such votes were cast, but the number of illegal votes was less than 20 percent of the total cast, the election would not be declared void. Watts v. Bowen, 250 Ky. 678 , 63 S.W.2d 917, 1933 Ky. LEXIS 762 ( Ky. 1933 ) (decided under prior law).

Candidate was not entitled to have election declared void on ground that more than 20 percent of votes were cast after closing time, since he could have ascertained the names of the illegal voters from the stub books, and might have compelled them to testify how they voted, and it was his duty to do so. Hogg v. Caudill, 254 Ky. 409 , 71 S.W.2d 1020, 1934 Ky. LEXIS 105 ( Ky. 1934 ) (decided under prior law).

The “twenty percent” rule was not an arbitrary mathematical measurement, but an interpretation of the statute. Scott v. Roberts, 255 Ky. 34 , 72 S.W.2d 728, 1934 Ky. LEXIS 177 ( Ky. 1934 ) (decided under prior law).

Where election commissioners did not count ballots from one precinct, because box had obviously been tampered with, and counted ballots from two other precincts but did not enter them on returns because a number of the ballots had been altered, and two of the boxes were stolen after the election commissioners had adjourned, and the vote in those three precincts constituted 40 percent of the total vote in the election, the election was declared void. Scott v. Roberts, 255 Ky. 34 , 72 S.W.2d 728, 1934 Ky. LEXIS 177 ( Ky. 1934 ) (decided under prior law).

Where ballots furnished to some of precincts in one educational division, in school board election, were void because they erroneously carried names of candidates from another division, and total number of registered voters in such precincts was more than 20 percent of the total for the educational division, the entire election was void although the votes actually cast in such precincts did not change the result of the election. Lakes v. Estridge, 294 Ky. 655 , 172 S.W.2d 454, 1943 Ky. LEXIS 509 ( Ky. 1943 ). See Hillard v. Lakes, 294 Ky. 659 , 172 S.W.2d 456, 1943 Ky. LEXIS 510 ( Ky. 1943 ) (decided under prior law).

The 20 percent rule could be applied only to an entire election, and not to any separate precinct or precincts constituting less than the entire political unit involved in the election for the office in question. WATTS v. FUGATE, 442 S.W.2d 569, 1969 Ky. LEXIS 271 (Ky. Ct. App. 1969) (decided under prior law).

19. — Reasonable Accuracy Impossible.

An election might be held void upon grounds other than fraud, intimidation, bribery or violence, where the circumstances surrounding the election were such that the court cannot determine with reasonable accuracy which candidate was elected. Johnson v. Little, 176 Ky. 505 , 196 S.W. 156, 1917 Ky. LEXIS 90 ( Ky. 1917 ). See Drennan v. Roberts, 234 Ky. 574 , 28 S.W.2d 735, 1930 Ky. LEXIS 218 ( Ky. 1930 ); Bowles v. Knight, 257 Ky. 640 , 78 S.W.2d 913, 1935 Ky. LEXIS 68 ( Ky. 1935 ) (decided under prior law).

Where there was proof of a conspiracy among group of leaders of Republican party, resulting in failure to purge registration lists, violence, intimidation, repeated voting, illegal voting and bribery, and illegal voting was of such character and abundance as to make it impossible for court to determine with any accuracy the true result of the election, the election was declared void. Taylor v. Neutzel, 220 Ky. 510 , 295 S.W. 873, 1927 Ky. LEXIS 575 ( Ky. 1927 ) (decided under prior law).

Where the number of illegal votes was such as to render doubtful who was the successful candidate, the election would be declared void. Caudill v. Stidham, 246 Ky. 174 , 54 S.W.2d 654, 1932 Ky. LEXIS 726 ( Ky. 1932 ), overruled, Hogg v. Caudill, 254 Ky. 409 , 71 S.W.2d 1020, 1934 Ky. LEXIS 105 ( Ky. 1934 ), overruled in part, Hogg v. Caudill, 254 Ky. 409 , 71 S.W.2d 1020, 1934 Ky. LEXIS 105 ( Ky. 1934 ), overruled, Widick v. Ralston, 303 Ky. 373 , 197 S.W.2d 261, 1946 Ky. LEXIS 880 (1946), overruled on other grounds, Hogg v. Caudill, 254 Ky. 409, 71 S.W.2d 1020, 1934 Ky. LEXIS 105 (Ky. 1934) (decided under prior law).

Where it was impossible to separate the good votes from the bad and thereby ascertain which candidate was elected, and the result of the election could not be determined by any reasonable method, the election would be declared void. Scott v. Roberts, 255 Ky. 34 , 72 S.W.2d 728, 1934 Ky. LEXIS 177 ( Ky. 1934 ) (decided under prior law) (decided under prior law).

20. — Fraud, Intimidation or Bribery.

The true test in determining whether an election should be set aside for fraud, intimidation, bribery or violence was not whether result would have been different in absence of such conduct, but whether court could determine with reasonable certainty what the result was. Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ) (decided under prior law).

An election may be set aside for fraud, intimidation, bribery or violence affecting the result, regardless of the contestee’s knowledge of or participation in the wrongful conduct. Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ). See Ford v. Hopkins, 141 Ky. 181 , 132 S.W. 542, 1910 Ky. LEXIS 448 ( Ky. 1910 ); Schoonmaker v. Dunlap, 180 Ky. 835 , 203 S.W. 709, 1918 Ky. LEXIS 139 ( Ky. 1918 ); Burke v. Greer, 197 Ky. 555 , 247 S.W. 715, 1923 Ky. LEXIS 673 ( Ky. 1923 ); Scott v. Roberts, 265 Ky. 375 , 96 S.W.2d 1046, 1936 Ky. LEXIS 498 ( Ky. 1936 ) (decided under prior law).

In order to set aside an election for fraud, intimidation, bribery or violence it was not necessary for contestant to show that he would have been elected except for such wrongful conduct. Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ) (decided under prior law).

An election would not be set aside on the ground of fraud, intimidation, bribery or violence if the votes influenced by such factors, or the effect of such factors on the election, could be fairly eliminated and the result determined by counting the legal votes and the votes uninfluenced by such factors. Butler v. Roberson, 158 Ky. 101 , 164 S.W. 340, 1914 Ky. LEXIS 575 ( Ky. 1914 ) (decided under prior law).

If it could reasonably be done, a court should uphold the validity of an election, and where the effects of fraud, intimidation, bribery or violence could be eliminated, and the results clearly ascertained between the legal votes, the court should sustain the election. Siler v. Brown, 215 Ky. 199 , 284 S.W. 997, 1926 Ky. LEXIS 669 ( Ky. 1926 ), overruled in part, Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ), overruled on other grounds, Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ) (decided under prior law).

The fact that contestant’s adherents were guilty of fraud, bribery, intimidation and violence would not excuse such conduct on the part of contestee and his adherents, or prevent the election being declared void because of such conduct. Taylor v. Neutzel, 220 Ky. 510 , 295 S.W. 873, 1927 Ky. LEXIS 575 ( Ky. 1927 ) (decided under prior law).

While KRS 120.165(4) directs the reviewing court to inspect the whole record, there is no requirement that fraud, intimidation, bribery or violence be evidenced throughout the entire record. Rather, the essence of this review is to determine whether any candidate can be judged to have been fairly elected; the court’s analysis is not necessarily focused on the breadth of the fraud itself, but its effect on the entire election. McClendon v. Hodges, 272 S.W.3d 188, 2008 Ky. LEXIS 257 ( Ky. 2008 ).

21. — — Fraud.

Agreement between group of Democratic candidates and group of Republican candidates for different offices, that each would support the other, did not constitute fraud. Hall v. Martin, 183 Ky. 120 , 208 S.W. 417, 1919 Ky. LEXIS 443 ( Ky. 1919 ), overruled, Colvin v. Mills, 214 Ky. 812 , 284 S.W. 115, 1926 Ky. LEXIS 434 ( Ky. 1926 ) (decided under prior law).

An agreement between election officers for assistance to illiterate voters did not constitute such fraud as to vitiate the election, where the officers were acting in good faith and the number of voters assisted was not enough to affect the result. Muncy v. Duff, 194 Ky. 303 , 239 S.W. 49, 1922 Ky. LEXIS 163 ( Ky. 1922 ) (decided under prior law).

Evidence that there were not more than 1,000 voters in four precincts in which the ballot boxes contained over 2,500 ballots was sufficient to justify throwing out such precincts on ground of fraud. Green v. Ball, 216 Ky. 563 , 288 S.W. 309, 1926 Ky. LEXIS 966 ( Ky. 1926 ) (decided under prior law).

In a contest of a mayoral election, although the evidence of election fraud was limited to one district, it cast doubt on the results of the entire election. As it was impossible to fairly discern a winner from the evidence presented, the trial court properly declared the election void. McClendon v. Hodges, 272 S.W.3d 188, 2008 Ky. LEXIS 257 ( Ky. 2008 ).

Substantial evidence supported the trial court’s finding that a clear majority of the walk-in absentee votes cast in one district were tainted because (1) improper addresses were provided; (2) persons obtaining absentee ballots were actually in the county on election day; and (3) that voters not entitled to assistance with voting machines under Kentucky law obtained such assistance. McClendon v. Hodges, 272 S.W.3d 188, 2008 Ky. LEXIS 257 ( Ky. 2008 ).

22. — — Intimidation.

Fact that contestee circulated posters before election advertising reward for arrest of illegal voters did not constitute intimidation. Skain v. Milward, 138 Ky. 200 , 127 S.W. 773, 1910 Ky. LEXIS 61 ( Ky. 1910 ) (decided under prior law).

There may be intimidation without use of physical force, and without threats against person or property. Burns v. Lackey, 171 Ky. 21 , 186 S.W. 909, 1916 Ky. LEXIS 297 ( Ky. 1916 ) (decided under prior law).

Where there was proof that 30 percent of voters were intimidated, and there was no way of telling how such voters would have voted in the absence of intimidation, election was declared void. Burns v. Lackey, 171 Ky. 21 , 186 S.W. 909, 1916 Ky. LEXIS 297 ( Ky. 1916 ) (decided under prior law).

Where approximately 90 percent of negro voters in city were organized in secret society, under domination of political leader, each member being required to take an oath in blood to obey the directions of the leader, and it was proved that the leader ordered the members to vote for a certain group of candidates, and that most members felt obligated by their oaths or were threatened with dire consequences if they failed to obey, such voters were intimidated, and where they constituted 30 percent of the total vote the election was void. Burns v. Lackey, 171 Ky. 21 , 186 S.W. 909, 1916 Ky. LEXIS 297 ( Ky. 1916 ) (decided under prior law).

Arguments between challengers, accompanied by some threats, were not sufficient to require vote of precinct to be thrown out on ground of intimidation. Land v. Land, 244 Ky. 126 , 50 S.W.2d 518, 1931 Ky. LEXIS 720 ( Ky. 1931 ) (decided under prior law).

23. — — Bribery.

The fact that contestant and his adherents were also guilty of bribery would not prevent election being declared void where bribery by both sides was so widespread that neither party could be adjudged to have been fairly elected. Ford v. Hopkins, 141 Ky. 181 , 132 S.W. 542, 1910 Ky. LEXIS 448 ( Ky. 1910 ) (decided under prior law).

When it appeared that in the entire election voters had been bribed in a number largely in excess of the majority received by the successful candidate, the election might be declared void without proving that bribery in any one precinct was sufficient to void the election in that precinct. Butler v. Roberson, 158 Ky. 101 , 164 S.W. 340, 1914 Ky. LEXIS 575 ( Ky. 1914 ) (decided under prior law).

The amount of money used to corrupt an election was not necessarily a controlling factor in determining whether the election should have been set aside; it was the wholesale use of money rather than the amount that was controlling. Butler v. Roberson, 158 Ky. 101 , 164 S.W. 340, 1914 Ky. LEXIS 575 ( Ky. 1914 ) (decided under prior law).

An election might be set aside for bribery without tracing the money to the candidates. Butler v. Roberson, 158 Ky. 101 , 164 S.W. 340, 1914 Ky. LEXIS 575 ( Ky. 1914 ) (decided under prior law).

Election would not be set aside for bribery unless number of bribed voters was sufficient to affect result. Potter v. Campbell, 159 Ky. 328 , 167 S.W. 404, 1914 Ky. LEXIS 810 ( Ky. 1914 ) (decided under prior law).

An election would not have been set aside for mere sporadic instances of bribery, with which the candidates were not connected. Felts v. Edwards, 181 Ky. 287 , 204 S.W. 145 ( Ky. 1918 ) (decided under prior law).

Where, in election for magistrate, each side spent over $1,000 in bribing voters, and it was impossible to tell how many voters were bribed or how they voted after being bribed, election was void. Burke v. Greer, 197 Ky. 555 , 247 S.W. 715, 1923 Ky. LEXIS 673 ( Ky. 1923 ) (decided under prior law).

It was not necessary that there had been a criminal conviction of bribery in order to throw out, in a contest proceeding, votes secured by bribery. Noble v. Bowman, 249 Ky. 343 , 60 S.W.2d 948, 1933 Ky. LEXIS 525 ( Ky. 1933 ) (decided under prior law).

24. — — — Proof.

Proof that opposing parties in city election in Lexington spent about $3,000 each was not sufficient to establish that the result of the election was affected by bribery. Skain v. Milward, 138 Ky. 200 , 127 S.W. 773, 1910 Ky. LEXIS 61 ( Ky. 1910 ) (decided under prior law).

Where evidence showed that men known to be active election workers were present at polls with money, and that persons known to be purchasable voters were also present, and that such workers and voters were seen together under circumstances reasonably creating belief that money was being promised or paid, a strong inference of bribery arose. Butler v. Roberson, 158 Ky. 101 , 164 S.W. 340, 1914 Ky. LEXIS 575 ( Ky. 1914 ) (decided under prior law).

In order to set election aside on ground of bribery it was not necessary to establish the exact number of voters who were bribed or what sum was paid to bribe them. Evidence as to widespread use of money to bribe voters was sufficient without positive evidence of each individual act. Butler v. Roberson, 158 Ky. 101 , 164 S.W. 340, 1914 Ky. LEXIS 575 ( Ky. 1914 ) (decided under prior law).

Where there was evidence of widespread bribery, and the court could not determine how many voters were bribed, or for whom they voted, the election was declared void. Butler v. Roberson, 158 Ky. 101 , 164 S.W. 340, 1914 Ky. LEXIS 575 ( Ky. 1914 ) (decided under prior law).

Where, in election for county officers in Pike County, evidence showed that one party spent $14,000 on election day, and the other party spent $6,000, and there was ample evidence of widespread bribery by both sides, election was declared void, although contestant did not establish specific instances of bribery in number sufficient to affect result. Ford v. Hopkins, 141 Ky. 181 , 132 S.W. 542, 1910 Ky. LEXIS 448 ( Ky. 1910 ) (decided under prior law).

Bribery sufficient to invalidate election might be shown by circumstantial evidence. Butler v. Roberson, 158 Ky. 101 , 164 S.W. 340, 1914 Ky. LEXIS 575 ( Ky. 1914 ) (decided under prior law).

25. — No Election in Precinct.

Where no election was held in a precinct, the court would assume, for the purpose of determining whether result of election was affected, that all of the registered voters in that precinct would have voted, in the absence of proof that any of them were unable to vote, disqualified or absent from the state. Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ) (decided under prior law).

Vote-buying need not be proved beyond a reasonable doubt. Greene v. Cawood, 230 Ky. 823 , 20 S.W.2d 984, 1929 Ky. LEXIS 180 ( Ky. 1929 ) (decided under prior law).

26. — Open Voting.

Where more than one-third (1/3) of the votes in a precinct were cast openly on the table, the election in that precinct was declared void. Hall v. Martin, 183 Ky. 120 , 208 S.W. 417, 1919 Ky. LEXIS 443 ( Ky. 1919 ), overruled, Colvin v. Mills, 214 Ky. 812 , 284 S.W. 115, 1926 Ky. LEXIS 434 ( Ky. 1926 ) (decided under prior law).

Where, in school election, practically all of votes were cast openly on the table, election was declared void, contestant not being required in such case to show for whom each vote was cast. Bowles v. Knight, 257 Ky. 640 , 78 S.W.2d 913, 1935 Ky. LEXIS 68 ( Ky. 1935 ) (decided under prior law).

27. — Prevention of Voting.

Fact that some persons were prevented from voting because of crowding and preferential selection of voting order by election officers, and because some of precincts were too large, was not sufficient to require election to be held void, where more than two-thirds of persons who did not vote were members of contestee’s party, indicating that result would not have been different if all voters had voted. Skain v. Milward, 138 Ky. 200 , 127 S.W. 773, 1910 Ky. LEXIS 61 ( Ky. 1910 ) (decided under prior law).

28. — Wrong Party Label.

The fact that the county clerk erroneously placed names of Republican candidates on ballot under device and title of “Independent Republican Party” did not constitute grounds for declaring whole election void, in the absence of proof that clerk had fraudulent motive, although result of election was probably affected by the error. Wilkins v. Duffy, 114 Ky. 111 , 70 S.W. 668, 24 Ky. L. Rptr. 913 , 24 Ky. L. Rptr. 968 , 1902 Ky. LEXIS 157 ( Ky. 1902 ) (decided under prior law).

29. Precinct Vote Thrown Out.

The mere fact that some of election officers were absent during part of day was not sufficient to require vote of entire precinct to be thrown out, in absence of evidence that any voter was thereby prevented from voting, or that the absence was for a fraudulent purpose. Anderson v. Likens, 104 Ky. 699 , 47 S.W. 867, 20 Ky. L. Rptr. 1001 , 1898 Ky. LEXIS 214 ( Ky. 1898 ) (decided under prior law).

Where more than half of voters were permitted to vote openly on the table, election officers were absent part of time, and election room had cracks in walls through which outside persons could watch voting, entire vote of precinct was thrown out. Banks v. Sergent, 104 Ky. 843 , 20 Ky. L. Rptr. 1024 , 48 S.W. 149, 1898 Ky. LEXIS 230 ( Ky. 1898 ), overruled in part, Widick v. Ralston, 303 Ky. 373 , 197 S.W.2d 261, 1946 Ky. LEXIS 880 (1946), overruled on other grounds, Widick v. Ralston, 303 Ky. 373 , 197 S.W.2d 261, 1946 Ky. LEXIS 880 ( Ky. 1946 ) (decided under prior law).

Testimony or other evidence as to how an illegal voter voted is competent. Tunks v. Vincent, 106 Ky. 829 , 51 S.W. 622, 21 Ky. L. Rptr. 475 , 1899 Ky. LEXIS 111 ( Ky. 1899 ) (decided under prior law).

Where election was held in house which had wide cracks in walls through which persons standing outside could see, persons not voting were not kept 50 feet from polls, most of voting was done openly on the table, some of election officers were drunk and others left the room from time to time, the vote of the entire precinct was thrown out. Combs v. Eversole, 114 Ky. 222 , 70 S.W. 638, 24 Ky. L. Rptr. 1063 , 1902 Ky. LEXIS 151 ( Ky. 1902 ) (decided under prior law).

Trivial irregularities not affecting result of election will not warrant throwing out vote of entire precinct. Combs v. Eversole, 114 Ky. 222 , 70 S.W. 638, 24 Ky. L. Rptr. 1063 , 1902 Ky. LEXIS 151 ( Ky. 1902 ) (decided under prior law).

Where about 90 percent of voters voted openly, election booths had holes through which outside persons could observe voting, one of election officers was incompetent, and there were other irregularities, entire vote of precinct was thrown out. Clark v. Robinson, 159 Ky. 25 , 166 S.W. 801, 1914 Ky. LEXIS 756 ( Ky. 1914 ) (decided under prior law).

Evidence that some of election officers were drunk, polls were opened before all election officers arrived, ballot box was stuffed by election officers, unqualified and nonexistent persons were voted, and unauthorized persons were permitted in the election room, was sufficient to justify throwing out vote of entire precinct. Schoonmaker v. Dunlap, 180 Ky. 835 , 203 S.W. 709, 1918 Ky. LEXIS 139 ( Ky. 1918 ) (decided under prior law).

Vote of individual precincts may be thrown out on the ground of fraud, intimidation, bribery or violence, and the party declared elected who received the most votes in the other precincts. Schoonmaker v. Dunlap, 180 Ky. 835 , 203 S.W. 709, 1918 Ky. LEXIS 139 ( Ky. 1918 ) (decided under prior law).

It was only when it had been shown that such large proportion of the votes cast were illegal and it was not possible to determine how they were voted, and consequently to charge them up to the recipient, that the entire electorate of the precinct would have been disfranchised. Land v. Land, 244 Ky. 126 , 50 S.W.2d 518, 1931 Ky. LEXIS 720 ( Ky. 1931 ) (decided under prior law).

The fact that the booths were placed against windows through which outside persons could observe voting was not sufficient to require throwing out precinct, in absence of evidence that anyone did look through windows. Land v. Land, 244 Ky. 126 , 50 S.W.2d 518, 1931 Ky. LEXIS 720 ( Ky. 1931 ) (decided under prior law).

30. Grounds of Contest.

Fact that candidate did not possess statutory qualifications for office at time of election was not grounds for contest, if he might have acquired such qualifications before commencement of term, unless particular law required candidate to possess qualifications at time of election. Kirkpatrick v. Brownfield, 97 Ky. 558 , 31 S.W. 137, 17 Ky. L. Rptr. 376 , 1895 Ky. LEXIS 222 ( Ky. 1895 ) (decided under prior law).

New or additional grounds of contest may not be set forth by amendment after time for bringing contest has expired. Banks v. Sergent, 104 Ky. 843 , 20 Ky. L. Rptr. 1024 , 48 S.W. 149, 1898 Ky. LEXIS 230 ( Ky. 1898 ), overruled in part, Widick v. Ralston, 303 Ky. 373 , 197 S.W.2d 261, 1946 Ky. LEXIS 880 (1946), overruled on other grounds, Widick v. Ralston, 303 Ky. 373 , 197 S.W.2d 261, 1946 Ky. LEXIS 880 ( Ky. 1946 ) (decided under prior law).

Decision to nullify the election results in a race for judge executive was not subject to reversal based on the slight departure from the statutory timetable for presenting evidence where the case presented a complex set of facts, and thus, the departure could not have been avoided. Hardin v. Montgomery, 495 S.W.3d 686, 2016 Ky. LEXIS 332 ( Ky. 2016 ).

31. Recount Proceeding.

A recount proceeding is not to await the trial of a concurrent contest proceeding. Rives v. Pettit, 513 S.W.2d 475, 1974 Ky. LEXIS 371 ( Ky. 1974 ) (decided under prior law).

Cited:

Brown v. Hartlage, 456 U.S. 45, 102 S. Ct. 1523, 71 L. Ed. 2d 732, 1982 U.S. LEXIS 92 (1982).

Opinions of Attorney General.

Nothing under this section or KRS 120.155 affects the rights of the candidates involved in election contests to run for office in the future, including the same office, following an election which has been contested and declared void. OAG 75-527 .

Absentee ballots and applications which were in the custody of the circuit clerk pending an election contest suit were “public records” in the possession of a “public agency” pursuant to KRS 61.870 and open to public inspection while in the clerk’s custody. OAG 83-476 .

Research References and Practice Aids

Kentucky Law Journal.

Comments, Freedom of Speech: The Case of the “Corrupt” Campaign Promise, 70 Ky. L.J. 203 (1982).

Northern Kentucky Law Review.

Weber and Felts, The Strange Case of The RecklessPromise: Reflections on Brown v. Hartlage, 10 N. Ky. L. Rev. 227 (1983).

120.170. Candidates required to make deposit with Secretary of State — Refund — Escheat to Commonwealth. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 272, § 7) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.611 .

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. Enact. Acts 1974, ch. 130, § 165.

NOTES TO DECISIONS

1. Bond.

Bond could not be executed in the Court of Appeals. Patterson v. Davis, 114 Ky. 77 , 70 S.W. 47, 24 Ky. L. Rptr. 842 , 1902 Ky. LEXIS 134 ( Ky. 1902 ) (decided under prior law).

Requirement that bond be executed within 30 days was mandatory, and if bond was not executed and filed within that time the Court of Appeals could not take jurisdiction. Patterson v. Davis, 114 Ky. 77 , 70 S.W. 47, 24 Ky. L. Rptr. 842 , 1902 Ky. LEXIS 134 ( Ky. 1902 ). See Smith v. Johnson, 161 Ky. 745 , 171 S.W. 425, 1914 Ky. LEXIS 149 ( Ky. 1914 ); Kash v. Strong, 165 Ky. 843 , 178 S.W. 1133, 1915 Ky. LEXIS 620 ( Ky. 1915 ); Philips v. Robinson, 225 Ky. 682 , 9 S.W.2d 995, 1928 Ky. LEXIS 840 ( Ky. 1928 ); Barker v. Blankenship, 271 Ky. 213 , 111 S.W.2d 592, 1937 Ky. LEXIS 204 ( Ky. 1937 ); Kinner v. Zachem, 273 Ky. 758 , 117 S.W.2d 943, 1938 Ky. LEXIS 711 ( Ky. 1938 ) (decided under prior law).

Bond executed by contestee on appeal from judgment in favor of contestant was insufficient where it was conditioned only to pay such damages as might be “adjudged against contestee on the appeal,” and that contestee would perform the judgment if affirmed. Galloway v. Bradburn, 119 Ky. 49 , 82 S.W. 1013, 26 Ky. L. Rptr. 977 , 1904 Ky. LEXIS 144 ( Ky. 1904 ) (decided under prior law).

Appeal bond was not valid unless it was executed before the circuit clerk and bore his indorsement so showing. Philips v. Robinson, 225 Ky. 682 , 9 S.W.2d 995, 1928 Ky. LEXIS 840 ( Ky. 1928 ) (decided under prior law).

Appeal bond conditioned only that appellant would “perform the judgment of the court” was fatally defective. Barker v. Blankenship, 271 Ky. 213 , 111 S.W.2d 592, 1937 Ky. LEXIS 204 ( Ky. 1937 ) (decided under prior law).

Appeal bond naming no obligee was fatally defective. Barker v. Blankenship, 271 Ky. 213 , 111 S.W.2d 592, 1937 Ky. LEXIS 204 ( Ky. 1937 ) (decided under prior law).

Appeal bond, which named no obligee and was not conditioned for payment of all costs and damages appellee might sustain, was fatally defective. Kinner v. Zachem, 273 Ky. 758 , 117 S.W.2d 943, 1938 Ky. LEXIS 711 ( Ky. 1938 ) (decided under prior law).

Appeal bond had to be executed before circuit clerk, and not in the Court of Appeals. Kinner v. Zachem, 273 Ky. 758 , 117 S.W.2d 943, 1938 Ky. LEXIS 711 ( Ky. 1938 ) (decided under prior law).

The appeal bond had to be executed and approved within 30 days from the rendition of the judgment, and before the record was filed. Stafford v. Bailey, 282 Ky. 528 , 138 S.W.2d 999, 1940 Ky. LEXIS 201 ( Ky. 1940 ) (decided under prior law).

KRS 453.190 does not authorize the court to relieve a litigant in election contest proceedings from the requirement that he execute an appeal bond. Stafford v. Bailey, 282 Ky. 525 , 138 S.W.2d 998, 1940 Ky. LEXIS 200 ( Ky. 1940 ) (decided under prior law).

The requirement of former statute that a bond be executed was mandatory and jurisdictional, and could not be dispensed with. Stafford v. Bailey, 282 Ky. 525 , 138 S.W.2d 998, 1940 Ky. LEXIS 200 ( Ky. 1940 ) (decided under prior law).

Where no appeal bond was filed, the Court of Appeals had no jurisdiction. Stafford v. Bailey, 282 Ky. 528 , 138 S.W.2d 999, 1940 Ky. LEXIS 201 ( Ky. 1940 ) (decided under prior law).

2. — Defective.

Where appeal bond was executed within prescribed time, but was defective, appellant was permitted to file an amended bond in the Court of Appeals correcting the defect. Galloway v. Bradburn, 119 Ky. 49 , 82 S.W. 1013, 26 Ky. L. Rptr. 977 , 1904 Ky. LEXIS 144 ( Ky. 1904 ) (decided under prior law).

Where original bond was defective, but a second bond fully complying with the statute was executed and filed within the 30-day period, the appeal was properly perfected. Johnson v. Little, 176 Ky. 505 , 196 S.W. 156, 1917 Ky. LEXIS 90 ( Ky. 1917 ) (decided under prior law).

3. — Supersedeas.

The supersedeas bond had to be conditioned for payment of all costs and damages the appellee could sustain by reason of the appeal. Galloway v. Bradburn, 119 Ky. 49 , 82 S.W. 1013, 26 Ky. L. Rptr. 977 , 1904 Ky. LEXIS 144 ( Ky. 1904 ) (decided under prior law).

Where contestant was successful in Circuit Court, execution of supersedeas bond by contestee had the effect of keeping the contestant out of the office pending the appeal. Galloway v. Bradburn, 119 Ky. 49 , 82 S.W. 1013, 26 Ky. L. Rptr. 977 , 1904 Ky. LEXIS 144 ( Ky. 1904 ) (decided under prior law).

Where supersedeas was filed on appeal from judgment declaring election void and office vacant, judgment did not become final and no vacancy existed until affirmed on appeal. Ball v. Cawood, 275 Ky. 108 , 120 S.W.2d 776, 1938 Ky. LEXIS 373 ( Ky. 1938 ) (decided under prior law).

The Court of Appeals had no jurisdiction to issue a mandatory writ to compel a Circuit Court clerk to approve an appeal bond in an election contest case. Stafford v. Bailey, 282 Ky. 528 , 138 S.W.2d 999, 1940 Ky. LEXIS 201 ( Ky. 1940 ) (decided under prior law).

The supersedeas bond must be specific, and an appeal will not be effective as to any party not named in the bond as an obligee. Kelly v. Shacklette, 290 Ky. 430 , 161 S.W.2d 612, 1942 Ky. LEXIS 412 ( Ky. 1942 ) (decided under prior law).

4. Time of Filing.

The provision as to filing the record within 30 days was mandatory. Krinn v. Helmbold, 113 Ky. 759 , 68 S.W. 1103, 24 Ky. L. Rptr. 551 , 1902 Ky. LEXIS 105 ( Ky. 1902 ). See McKinster v. Shaffer, 186 Ky. 598 , 217 S.W. 676, 1920 Ky. LEXIS 3 ( Ky. 1920 ); Hall v. Webber, 229 Ky. 320 , 17 S.W.2d 198, 1929 Ky. LEXIS 741 ( Ky. 1929 ); Whitt v. Reed, 235 Ky. 758 , 32 S.W.2d 324, 1930 Ky. LEXIS 454 ( Ky. 1930 ); Kinner v. Zachem, 273 Ky. 758 , 117 S.W.2d 943, 1938 Ky. LEXIS 711 ( Ky. 1938 ) (decided under prior law).

In computing the 30-day period, the day on which the judgment was entered had to be counted as the first day. McKinster v. Shaffer, 186 Ky. 598 , 217 S.W. 676, 1920 Ky. LEXIS 3 ( Ky. 1920 ) (decided under prior law).

Where action was designated in petition as a proceeding for a writ of mandamus, but it had all the elements of a contest suit, the provision of former law as to filing the record within 30 days applied. Hall v. Webber, 229 Ky. 320 , 17 S.W.2d 198, 1929 Ky. LEXIS 741 ( Ky. 1929 ) (decided under prior law).

Appeal from judgment in election contest was not filed within 30-day period when it was presented to the clerk of the Court of Appeals on Sunday, the thirtieth day, and filed by him on Monday, the thirty-first day, since where time given exceeds a week, Sundays must be counted, and appeal could not lawfully be filed on Sunday. Shaver v. Sparks, 277 Ky. 581 , 126 S.W.2d 1110, 1939 Ky. LEXIS 705 ( Ky. 1939 ) (decided under prior law).

5. — Extension.

Affidavit of appellant to effect that record would amount to more than 1,400 pages and it would be impossible to copy it within 30 days was not sufficient to warrant extension of time, where it was not shown that appellant had promptly directed the clerk to copy the record or had used proper diligence to have it copied by use of extra help. Creech v. Brock, 159 Ky. 739 , 169 S.W. 483, 1914 Ky. LEXIS 881 ( Ky. 1914 ) (decided under prior law).

If the only ground for delay was the size of the record, the appellant should have filed within the 30 days a partial transcript containing as much of the record as can be completed, together with proof of facts showing inability to complete the record within the 30-day period. Creech v. Brock, 159 Ky. 739 , 169 S.W. 483, 1914 Ky. LEXIS 881 ( Ky. 1914 ) (decided under prior law).

When from the size of the record or some misfortune or casualty it was utterly impossible to obtain and file the record within 30 days, the time for filing could be extended by the Court of Appeals. Creech v. Brock, 159 Ky. 739 , 169 S.W. 483, 1914 Ky. LEXIS 881 ( Ky. 1914 ) (decided under prior law).

Where four contest suits involving different offices were tried together on the same evidence, and unsuccessful contestants directed clerk to file original depositions, instead of copy, as record in Court of Appeals, contestants were not entitled to an extension of time in which to have record copied and filed. Bingham v. Anderson, 199 Ky. 680 , 251 S.W. 973, 1923 Ky. LEXIS 919 ( Ky. 1923 ) (decided under prior law).

6. Record.

Original records could not be filed in Court of Appeals in lieu of a transcript except by agreement of parties or by order of court made before time for filing had expired. Bingham v. Anderson, 199 Ky. 680 , 251 S.W. 973, 1923 Ky. LEXIS 919 ( Ky. 1923 ) (decided under prior law).

7. Costs.

Where candidate who received most votes declined to accept office and did not defend contest suit brought against him, successful contestant was required to pay all of the costs, the contestee being only a nominal party. Edwards v. Loy, 113 Ky. 746 , 68 S.W. 1091, 24 Ky. L. Rptr. 545 , 1902 Ky. LEXIS 102 ( Ky. 1902 ) (decided under prior law).

Where election was held void on account of bribery by both sides, each party to contest suit should pay his own costs. Burke v. Greer, 197 Ky. 555 , 247 S.W. 715, 1923 Ky. LEXIS 673 ( Ky. 1923 ) (decided under prior law).

8. Death of Party Pending Appeal.

Where one of parties died pending the appeal, the appeal abated and had to be dismissed. Galvin v. Shafer, 130 Ky. 563 , 113 S.W. 485, 1908 Ky. LEXIS 288 ( Ky. 1908 ) (decided under prior law).

9. Cross-appeal.

Motion of contestants for cross-appeal was denied where they failed to execute supersedeas bond as a condition of appeal and jurisdiction. Campbell v. Combs, 273 Ky. 404 , 116 S.W.2d 955, 1938 Ky. LEXIS 648 ( Ky. 1938 ) (decided under prior law).

10. Procedure.

Appellee did not waive objection as to failure to file bond by filing brief on the merits. Kash v. Strong, 165 Ky. 843 , 178 S.W. 1133, 1915 Ky. LEXIS 620 ( Ky. 1915 ) (decided under prior law).

Where circuit clerk sent up original depositions, certifying them as being a transcript, clerk’s affidavit setting forth the facts was admissible, on motion to dismiss appeal, to controvert his certificate attached to the purported transcript. Bingham v. Anderson, 199 Ky. 680 , 251 S.W. 973, 1923 Ky. LEXIS 919 ( Ky. 1923 ) (decided under prior law).

The granting of an appeal by the trial court was a prerequisite to the right of appeal in an election contest case, the same as in other civil cases. Kelly v. Shacklette, 290 Ky. 430 , 161 S.W.2d 612, 1942 Ky. LEXIS 412 ( Ky. 1942 ) (decided under prior law).

All steps in an appeal under former similar section, other than the question of time within which the appeal may be taken, and such steps as were expressly dispensed with by former similar section, were governed by rules governing civil cases generally. Kelly v. Shacklette, 290 Ky. 430 , 161 S.W.2d 612, 1942 Ky. LEXIS 412 ( Ky. 1942 ) (decided under prior law).

11. Mandate.

Upon motion and order, mandate may be issued by Court of Appeals immediately upon decision of case, without waiting 30 days for rehearing petition. Allen v. Griffith, 160 Ky. 621 , 170 S.W. 33, 1914 Ky. LEXIS 527 ( Ky. 1914 ) (decided under prior law).

The issuance of an immediate mandate in a contest case was a matter of discretion of the Court of Appeals, and not a matter of right of the parties. Glidewell v. Pace, 269 Ky. 512 , 107 S.W.2d 325, 1937 Ky. LEXIS 627 ( Ky. 1937 ) (decided under prior law).

12. Final Judgment.

Where judgment of Circuit Court finding contestee entitled to office was appealed to Court of Appeals, which reversed lower court and remanded case with directions to enter judgment for contestant, after overruling petition for rehearing, contestee was entitled to remain in office and receive emoluments until production of judgment entered by lower court pursuant to mandate. Bradley v. Georgetown, 118 Ky. 735 , 82 S.W. 303, 26 Ky. L. Rptr. 614 , 1904 Ky. LEXIS 94 ( Ky. 1904 ) (decided under prior law).

Cited:

Stearns v. Davis, 707 S.W.2d 787, 1985 Ky. App. LEXIS 712 (Ky. Ct. App. 1985); McClendon v. Hodges, — S.W.3d —, 2007 Ky. App. LEXIS 230 (Ky. Ct. App. 2007); Waters v. Skinner, 237 S.W.3d 551, 2007 Ky. App. LEXIS 456 (Ky. Ct. App. 2007).

120.180. Secretary of State to place candidates’ names on ballot. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 272, § 8) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.621 .

120.185. Recount of election of officers referred to in KRS 120.155.

  1. Any  candidate who was voted for at a regular election for any of the offices to  which KRS 120.155 applies may request a recount of the ballots by filing a  petition so requesting, with the same court that petitions of contest are  required to be filed with, within ten (10) days after the day of the election,  or, if the candidate is qualified to institute a contest proceeding under  KRS 120.155 , by including a request for a recount in his petition instituting  the contest proceedings, but in the latter case the petition shall be filed  within ten (10) days after the day of the election. Any candidate who is a  contestee in a contest proceeding under KRS 120.155 may request a recount  in his answer filed in the contest proceeding, but only if the answer is filed  within ten (10) days after the day of election. If a request for a recount  is made, the State Board of Elections or the county board of elections, whichever  would issue the certificate of election shall be made a party defendant. 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. 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, 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 election to issue  the same 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.

History. Enact. Acts 1974, ch. 130, § 166; 1976 (Ex. Sess.), ch. 14, § 137, effective January 2, 1978; 1992, ch. 288, § 54, effective July 14, 1992.

NOTES TO DECISIONS

1. Purpose.

The only purpose of a recount was to ascertain the correctness of the numerical result certified, and thus where contestant alleged that ballots were lost, stolen and misplaced, mutilated or spoiled in sufficient number to have changed result of election, he was not entitled to a recount, since recount would be useless. Burd v. Meadows, 276 Ky. 306 , 124 S.W.2d 85, 1939 Ky. LEXIS 517 ( Ky. 1939 ) (decided under prior law).

2. Application.

The recount statute applied to machine voting as well as paper balloting. Rives v. Pettit, 513 S.W.2d 475, 1974 Ky. LEXIS 371 ( Ky. 1974 ) (decided under prior law).

3. Grounds for Recount.

Where it was apparent that straight-ticket ballots had been altered after election, with a different stencil, so as to appear to be scratched for office in question, the official count would be accepted as correct and a recount denied. Galloway v. Bradburn, 119 Ky. 49 , 82 S.W. 1013, 26 Ky. L. Rptr. 977 , 1904 Ky. LEXIS 144 ( Ky. 1904 ) (decided under prior law).

Petition alleging that canvassing board by mistake, oversight or fraud erroneously counted votes for contestee that actually were cast for contestant, and failed to count votes for contestant that were cast for him, and that a recount would show that contestant received the most votes, sufficiently stated grounds for a recount. Siler v. Brown, 215 Ky. 199 , 284 S.W. 997, 1926 Ky. LEXIS 669 ( Ky. 1926 ), overruled in part, Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ), overruled on other grounds, Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ) (decided under prior law).

Contestant’s petition for a recount, alleging that he had received more than a designated number of votes and that contestee had received less than that number, was sufficient on demurrer. Kirby v. Creech, 235 Ky. 816 , 32 S.W.2d 419, 1930 Ky. LEXIS 483 ( Ky. 1930 ) (decided under prior law).

4. — Integrity of Ballots.

Where the ballots had been so exposed so as to have offered opportunity to be tampered with, and had not been guarded with such care as to remove all suspicion of substitution or change, they could not be relied on in a contest or recount proceeding. Edwards v. Logan, 114 Ky. 312 , 70 S.W. 852, 75 S.W. 257, 24 Ky. L. Rptr. 1099 , 25 Ky. L. Rptr. 435 , 1902 Ky. LEXIS 164 ( Ky. 1902 ) (decided under prior law).

A recount would not be granted where it appeared that the ballots had been changed, or so exposed as to afford opportunity to be tampered with, or left in the custody of an officer or person so personally interested in the result of the election as to be subject to the temptation or inducement to tamper with them. Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ) (decided under prior law).

The real test in determining whether a recount would be granted was whether the ballots had been preserved in such manner as to insure their integrity, and whether they had apparently been tampered with. Potter v. Campbell, 159 Ky. 328 , 167 S.W. 404, 1914 Ky. LEXIS 810 ( Ky. 1914 ) (decided under prior law).

Order of court directing that a recount be made was purely interlocutory, and court could set aside the order after the recount had been made and reject the report of the commissioners who made the recount, on the ground that the integrity of the ballots had not been established. Craft v. Davidson, 189 Ky. 378 , 224 S.W. 1082, 1920 Ky. LEXIS 436 ( Ky. 1920 ) (decided under prior law).

Ballots could not be recounted unless their integrity was first established by competent evidence. Lewis v. Hensley, 238 Ky. 58 , 36 S.W.2d 840, 1931 Ky. LEXIS 181 ( Ky. 1931 ) (decided under prior law).

If it appeared that the boxes had been properly safeguarded, the fact that some boxes bore evidence of tampering would not prevent the others from being recounted. Land v. Land, 244 Ky. 126 , 50 S.W.2d 518, 1931 Ky. LEXIS 720 ( Ky. 1931 ) (decided under prior law).

The trial judge should never reserve his ruling on the integrity of the boxes and proceed with the recount. Robinson v. Osborne, 314 S.W.2d 681, 1958 Ky. LEXIS 316 ( Ky. 1958 ) (decided under prior law).

Where absentee ballot box remained opened in the courtroom during a five minute period during which neither election commissioner was present, and in absence of evidence that the box had been disturbed during that period, a prima facie case for a recount existed. Secrest v. Wellman, 387 S.W.2d 290, 1965 Ky. LEXIS 463 ( Ky. 1965 ) (decided under prior law).

5. — — Evidence.

The party who desired a recount must have tendered, in connection with his petition for the recount, evidence that the boxes had been carefully preserved and not tampered with and such evidence could have been in the form of depositions or it could have been given by witnesses who the court could have permitted to testify orally, and the evidence should be preserved in the form of a bill of exceptions. Powell v. Horn, 159 Ky. 532 , 167 S.W. 928, 1914 Ky. LEXIS 862 ( Ky. 1914 ) (decided under prior law).

Where room containing ballot boxes had been broken into when boxes were in custody of county clerk, and one box stolen, and after boxes were removed to custody of circuit clerk pursuant to order of court the room in which they were kept was again entered by unknown persons, the court properly refused to recount the ballots. Powell v. Horn, 159 Ky. 532 , 167 S.W. 928, 1914 Ky. LEXIS 862 ( Ky. 1914 ) (decided under prior law).

Before a recount will be permitted to overcome the prima facie result as shown by the certificate of election, the person seeking the recount must show by clear and satisfactory evidence that the ballot boxes have been kept as required by statute, that the ballots have not been tampered with since the election, and that the ballots offered in evidence are the identical ones cast. Craft v. Davidson, 189 Ky. 378 , 224 S.W. 1082, 1920 Ky. LEXIS 436 ( Ky. 1920 ). See Edwards v. Logan, 114 Ky. 312 , 70 S.W. 852, 75 S.W. 257, 24 Ky. L. Rptr. 1099 , 25 Ky. L. Rptr. 435 , 1902 Ky. LEXIS 164 ( Ky. 1902 ) (decided under prior law).

Where the proof showed that the ballot boxes were placed in a securely locked room, all entrances to which were guarded, and that the boxes were properly guarded while being placed in the room, their integrity was sufficiently established to justify the opening of the boxes and the counting of the ballots in such boxes as bore no evidence of actual tampering. Land v. Land, 244 Ky. 126 , 50 S.W.2d 518, 1931 Ky. LEXIS 720 ( Ky. 1931 ) (decided under prior law).

Evidence that ballot boxes were stored in a room, which was kept locked and was guarded at all times by the county clerk or his deputy and by representatives of both parties, satisfactorily showed the integrity of the ballots, and authorized recount proceedings, though there was some very remote possibility that someone might have entered the room, and some of the guards did not testify in the recount proceedings. Austin v. Anderson, 279 Ky. 742 , 132 S.W.2d 56, 1939 Ky. LEXIS 345 ( Ky. 1939 ) (decided under prior law).

In a recount proceeding Circuit Court may not hear parol testimony as to the legality of a ballot. Hogg v. Howard, 242 S.W.2d 626, 1951 Ky. LEXIS 1060 ( Ky. 1951 ) (decided under prior law).

Failure to show that the keys that the three election commissioners carried to the boxes and the keys the circuit clerk, the county clerk and their deputies carried to their respective offices never got out of their possession was not fatal to proof of integrity of the boxes where no other indications of tampering were present. Robinson v. Osborne, 314 S.W.2d 681, 1958 Ky. LEXIS 316 ( Ky. 1958 ) (decided under prior law).

6. — — Burden of Proof.

When it was shown that the ballots came to the court from the officer whose duty it was by law to have and preserve them, and that they were apparently in the condition of preservation prescribed by the statute, there was a presumption as to their integrity; but if it is shown either that they have been tampered with, or that access has been afforded to them to unauthorized persons, the burden shifts, and the person seeking the recount must then prove affirmatively that the ballots are the identical ones cast, and that they have not been mutilated or tampered with. Edwards v. Logan, 114 Ky. 312 , 70 S.W. 852, 75 S.W. 257, 24 Ky. L. Rptr. 1099 , 25 Ky. L. Rptr. 435 , 1902 Ky. LEXIS 164 ( Ky. 1902 ) (decided under prior law).

Where party seeking recount merely moved that ballot boxes be opened and the ballots recounted, to which the opposing party objected, it was proper for court to deny recount in the absence of offer of proof as to integrity of ballots. Powell v. Horn, 159 Ky. 532 , 167 S.W. 928, 1914 Ky. LEXIS 862 ( Ky. 1914 ) (decided under prior law).

The rule was that the boxes would not be opened for a recount unless the person asking for it first showed more than a probability that their integrity had been preserved since the election, which fact had to be established with a reasonable degree of certainty. Robinson v. Osborne, 314 S.W.2d 681, 1958 Ky. LEXIS 316 ( Ky. 1958 ) (decided under prior law).

7. Certificate of Returns.

The certificates of returns were prima facie correct, but the ballots themselves, when preserved as the law directs, were better evidence, and would prevail in case of a difference. But if the ballots had not been properly protected, the certificates had to control. Scholl v. Bell, 125 Ky. 750 , 102 S.W. 248, 31 Ky. L. Rptr. 335 , 1907 Ky. LEXIS 328 ( Ky. 1907 ) (decided under prior law).

Where a recount was denied, the certificate of returns could not be contradicted by parol evidence of election officials or witnesses to the count. Land v. Land, 244 Ky. 126 , 50 S.W.2d 518, 1931 Ky. LEXIS 720 ( Ky. 1931 ) (decided under prior law).

8. Jurisdiction.

In action by defeated candidate seeking a recount of ballots cast in regular November election for city councilmen and for a recertification upon recount of those elected, the petition called into dispute the right of all the certified candidates for city council to assume office and therefore Circuit Court not city council properly had jurisdiction of the recount proceedings. Myers v. Shaw, 311 Ky. 721 , 225 S.W.2d 313, 1949 Ky. LEXIS 1237 ( Ky. 1949 ) (decided under prior law).

9. Appeals.

Where trial court, after sustaining demurrer to contestant’s petition for a recount, proceeded to recount the vote in some of the precincts as to which contestant had asked a recount, the recount was a nullity and would not be considered on appeal. Siler v. Brown, 215 Ky. 199 , 284 S.W. 997, 1926 Ky. LEXIS 669 ( Ky. 1926 ), overruled in part, Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ) (decided under prior law).

Before Court of Appeals would recount the ballots there had to be a showing that the integrity of the ballots had been safeguarded since the time the ballots were brought before the Circuit Court. Land v. Land, 244 Ky. 126 , 50 S.W.2d 518, 1931 Ky. LEXIS 720 ( Ky. 1931 ) (decided under prior law).

Where Circuit Court refused to make a recount, and ballot boxes were then brought to Court of Appeals as part of record, Court of Appeals, on being satisfied as to integrity of ballots, made a recount itself. Land v. Land, 244 Ky. 126 , 50 S.W.2d 518, 1931 Ky. LEXIS 720 ( Ky. 1931 ) (decided under prior law).

10. Bond.

If the plaintiff offered to execute the bond within the period allowed to file the petition, he had properly set the proceedings in motion and the court did not lose jurisdiction because it was not actually executed within that period. Adams v. Collins, 255 S.W.2d 500, 1953 Ky. LEXIS 659 ( Ky. 1953 ) (decided under prior law).

11. Pleadings.

Court had no authority to make a recount in the absence of a pleading asking for it. Siler v. Brown, 215 Ky. 199 , 284 S.W. 997, 1926 Ky. LEXIS 669 ( Ky. 1926 ), overruled in part, Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ) (decided under prior law).

12. — Time of Filing.

Where petition seeking contest of election and recount of votes was filed more than ten days after election, though within 30-day period allowed for contest, motion to strike portion of petition demanding a recount should have been sustained in view of former similar section. Bentley v. Wright, 303 Ky. 618 , 197 S.W.2d 420, 1946 Ky. LEXIS 832 ( Ky. 1946 ) (decided under prior law).

Compliance with time prescribed for filing supersedeas bond was jurisdictional requirement. Peyton v. Wells, 309 Ky. 237 , 217 S.W.2d 305, 1949 Ky. LEXIS 674 ( Ky. 1949 ) (decided under prior law).

13. Procedure.

It was not proper for commissioners appointed by court to make recount to exclude the parties and their attorneys during the count. Edwards v. Logan, 114 Ky. 312 , 70 S.W. 852, 75 S.W. 257, 24 Ky. L. Rptr. 1099 , 25 Ky. L. Rptr. 435 , 1902 Ky. LEXIS 164 ( Ky. 1902 ) (decided under prior law).

If contestee permitted ballot boxes to be opened and recount made without objection, he could not later raise objection that integrity of ballots was not established. Objection to recount had to be made before boxes were opened. Martin v. Eagle, 236 Ky. 267 , 32 S.W.2d 1020, 1930 Ky. LEXIS 729 ( Ky. 1930 ) (decided under prior law).

There are two methods of obtaining a recount, one by request, without stating any grounds, and the other by contest on the ground of fraud or mistake on the part of the election commissioners. Wurts v. Newsome, 253 Ky. 38 , 68 S.W.2d 448, 1934 Ky. LEXIS 595 ( Ky. 1934 ) (decided under prior law).

14. — Parties.

One of several candidates for an office could maintain a proceeding for a recount against the candidate who was awarded the certificate of election, without joining as parties the other candidates, although some of the other candidates, according to the returns, received more votes than the one who sought the recount. Kirby v. Creech, 235 Ky. 816 , 32 S.W.2d 419, 1930 Ky. LEXIS 483 ( Ky. 1930 ) (decided under prior law).

Where recount showed that neither contestant nor contestee had received a plurality of the votes, but a third candidate who was not a party to the suit had received the plurality, none of the candidates could be declared elected and a vacancy was declared to exist. Kirby v. Creech, 235 Ky. 816 , 32 S.W.2d 419, 1930 Ky. LEXIS 483 ( Ky. 1930 ) (decided under prior law).

15. Exclusive Remedy.

A candidate could not resort to mandamus to correct an error in the count; his sole remedy was by a recount proceeding. Wolff v. Clark, 212 Ky. 435 , 279 S.W. 658, 1925 Ky. LEXIS 1128 ( Ky. 1925 ) (decided under prior law).

Where returns from one precinct had not been counted by canvassing board, because board considered that ballots for such precinct had not been printed in legal form, the only remedy was by a recount proceeding, and the board could not be compelled by mandamus to reconvene and count the ballots of such precinct. Hall v. Webber, 229 Ky. 320 , 17 S.W.2d 198, 1929 Ky. LEXIS 741 ( Ky. 1929 ) (decided under prior law).

After the canvassing board had canvassed the votes and issued a certificate of election, the only method of changing the returns was by a proceeding for a recount; mandamus was not available. Hall v. Webber, 229 Ky. 320 , 17 S.W.2d 198, 1929 Ky. LEXIS 741 ( Ky. 1929 ) (decided under prior law).

16. Mandamus.

Mandamus would lie to compel canvassing board to do something which it had failed to do, but not to compel board to change its action on something which it had done. Wolff v. Clark, 212 Ky. 435 , 279 S.W. 658, 1925 Ky. LEXIS 1128 ( Ky. 1925 ) (decided under prior law).

17. Certificate of Election.

Though contestant in election contest did not demand issuance of a certificate of election, judgment ordering election commissioners to issue the certificate to the party entitled thereto as shown by a recount was proper. Rives v. Pettit, 513 S.W.2d 475, 1974 Ky. LEXIS 371 ( Ky. 1974 ) (decided under prior law).

18. Mechanical Error.

An error in arrangement of ballot strips on voting machines resulting in an erroneous reversal of votes was not an irregularity in the conduct of the election but rather a mechanical error affecting the counting process and was properly correctable in a recount proceeding. Rives v. Pettit, 513 S.W.2d 475, 1974 Ky. LEXIS 371 ( Ky. 1974 ) (decided under prior law).

Cited:

Wood v. Kirby, 566 S.W.2d 751, 1978 Ky. LEXIS 364 ( Ky. 1978 ); McClendon v. Hodges, — S.W.3d —, 2007 Ky. App. LEXIS 230 (Ky. Ct. App. 2007).

120.190. Secretary of State to certify results of preference primary. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 272, § 9) was repealed by Acts 1974, ch. 130, § 198.

120.195. Contest of election of Governor, Lieutenant Governor, or General Assembly member.

  1. No  application to contest the election of a Governor, Lieutenant Governor, or  member of the General Assembly shall be heard unless written notice, signed  by the party contesting, is given. The notice shall state the grounds of the  contest, and none other shall afterwards be heard as coming from that party,  but the contestee may make defense without giving counternotice.
  2. In  the case of the Governor or Lieutenant Governor, the notice shall be given  within thirty (30) days after the final action of the State Board of Elections.  In the case of a member of the General Assembly, the notice shall be given  within fifteen (15) days after the final action of the county board of elections  or the State Board of Elections, whichever canvasses the returns.
  3. Immediately  after the notice, 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 up 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 branch of the General Assembly having jurisdiction of  the case, and the board or branch may call for and hear other proof. The taking  of depositions to be used before a board or branch of the General Assembly  shall close ten (10) days before the next meeting of the General Assembly,  or, if in session when the notice is given, when the taking is ordered to  close.
  4. The  costs of the proceeding shall be adjudged against the unsuccessful party,  and a certificate thereof shall be given by the clerk of the Senate or the  clerk of the House, as the case requires. A judgment for the costs may be  obtained after five (5) days’ notice in a Circuit Court.

History. Enact. Acts 1974, ch. 130, § 167; 1976 (Ex. Sess.), ch. 14, § 138, effective January 2, 1978; 1992, ch. 288, § 55, effective July 14, 1992.

NOTES TO DECISIONS

1. Notice.
2. — Sufficiency.

Notice alleging that contestant was Republican candidate for office, and that he was duly and legally elected to the office, was sufficient without alleging specifically that contestant was eligible to the office. Tunks v. Vincent, 106 Ky. 829 , 51 S.W. 622, 21 Ky. L. Rptr. 475 , 1899 Ky. LEXIS 111 ( Ky. 1899 ) (decided under prior law).

In contest for office of Governor, General Assembly had exclusive power to pass on sufficiency of notice, and courts could not inquire as to whether decision of General Assembly was right. Taylor v. Beckham, 108 Ky. 278 , 56 S.W. 177, 21 Ky. L. Rptr. 1735 , 1900 Ky. LEXIS 39 (Ky.), writ of error dismissed, 178 U.S. 548, 20 S. Ct. 890, 44 L. Ed. 1187, 1900 U.S. LEXIS 1702 (U.S. 1900) (decided under prior law).

3. — Amendment.

Notice of contest may be amended to make it more definite and specific, but not so as to set up an entirely new ground of contest. Wilson v. Hines, 99 Ky. 221 , 35 S.W. 627, 18 Ky. L. Rptr. 233 , 1896 Ky. LEXIS 77 ( Ky. 1896 ) (decided under prior law).

Notice of contest alleging that named voters voted openly on the table could not be amended to name additional voters who voted openly. Anderson v. Likens, 104 Ky. 699 , 47 S.W. 867, 20 Ky. L. Rptr. 1001 , 1898 Ky. LEXIS 214 ( Ky. 1898 ) (decided under prior law).

After the period for giving notice of contest had expired, the original notice might not be amended to set forth new or additional grounds. Banks v. Sergent, 104 Ky. 843 , 20 Ky. L. Rptr. 1024 , 48 S.W. 149, 1898 Ky. LEXIS 230 ( Ky. 1898 ), overruled in part, Widick v. Ralston, 303 Ky. 373 , 197 S.W.2d 261, 1946 Ky. LEXIS 880 (1946), overruled on other grounds, Widick v. Ralston, 303 Ky. 373 , 197 S.W.2d 261, 1946 Ky. LEXIS 880 ( Ky. 1946 ) (decided under prior law).

During the period allowed for giving notice of contest, the contestant might amend his original notice to set forth additional grounds, or give additional notices. Banks v. Sergent, 104 Ky. 843 , 20 Ky. L. Rptr. 1024 , 48 S.W. 149, 1898 Ky. LEXIS 230 ( Ky. 1898 ), overruled in part, Widick v. Ralston, 303 Ky. 373 , 197 S.W.2d 261, 1946 Ky. LEXIS 880 (1946), overruled on other grounds, Widick v. Ralston, 303 Ky. 373 , 197 S.W.2d 261, 1946 Ky. LEXIS 880 ( Ky. 1946 ) (decided under prior law).

4. Depositions.

Former similar section contemplated that evidence should be taken by depositions as soon as notice was given, without awaiting convening of General Assembly. Commonwealth v. Coakley, 96 S.W. 876, 29 Ky. L. Rptr. 948 (1906) (decided under prior law).

5. Costs.

House of Representatives had authority, after determining contest over election of member, to appropriate sums to pay attorneys’ fees and costs of the contestant and contestee. Mercer v. Coleman, 227 Ky. 797 , 14 S.W.2d 144, 1929 Ky. LEXIS 975 ( Ky. 1929 ) (decided under prior law).

The provision that costs shall be assessed against the unsuccessful party does not include attorney fees of the successful party. Mercer v. Coleman, 227 Ky. 797 , 14 S.W.2d 144, 1929 Ky. LEXIS 975 ( Ky. 1929 ) (decided under prior law).

6. Death of Party.

Where contest over election of Governor and Lieutenant Governor was filed, and candidate contesting election for governor died pending contest, candidate contesting nomination for Lieutenant Governor had right to continue contest as to both offices. Taylor v. Beckham, 108 Ky. 278 , 56 S.W. 177, 21 Ky. L. Rptr. 1735 , 1900 Ky. LEXIS 39 (Ky.), writ of error dismissed, 178 U.S. 548, 20 S. Ct. 890, 44 L. Ed. 1187, 1900 U.S. LEXIS 1702 (U.S. 1900) (decided under prior law).

7. Final Action.

Final action of board of election commissioners is the act of issuing the certificate of election. Broaddus v. Mason, 95 Ky. 421 , 25 S.W. 1060, 16 Ky. L. Rptr. 38 , 1894 Ky. LEXIS 40 (Ky. Ct. App. 1894). See Anderson v. Likens, 104 Ky. 699 , 47 S.W. 867, 20 Ky. L. Rptr. 1001 , 1898 Ky. LEXIS 214 ( Ky. 1898 ) (decided under prior law).

8. Judicial Review.

KRS 118.176 permits a Circuit Court to consider and adjudicate challenges to a candidate’s bona fides that are commenced prior to the general election, and had jurisdiction to determine that due to that candidate’s failure to meet the residency requirements of Ky. Const., § 32, she was disqualified. Stephenson v. Woodward, 182 S.W.3d 162, 2005 Ky. LEXIS 391 ( Ky. 2005 ).

Research References and Practice Aids

ALR

Attorneys’ fees to successful party in election contest, validity of statute allowing. 11 A.L.R. 894; 90 A.L.R. 530.

Costs or reimbursement for expenses incident to recount. 106 A.L.R. 928.

120.200. Distribution of authorized delegate vote among party candidates. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 272, § 10) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.641 .

120.205. Board for determining contest of election of Governor or Lieutenant Governor.

When the election of a Governor or 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, and  the House of Representatives shall select eight (8) of its members, and the  eleven (11) so selected shall constitute a board to try the contest, seven  (7) of whom shall constitute a quorum. 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 his 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. If any person so selected swears that he cannot, without great  personal inconvenience, serve on the board, or that he feels an undue bias  for or against either of the parties, he may be excused by the house from  which he was chosen from serving on the board, and if it appears that a person  so selected is related to either party, or is liable to any other proper objection  on the score of his partiality, he shall be excused. Any deficiency in the  proper number so created shall be supplied by another draw from the box. The  members of the board so chosen shall be sworn by the Speaker of the House  of Representatives to try the contested election, and give true judgment thereon  according to the evidence unless dissolved before rendering judgment.
  2. The  board shall, within twenty-four (24) hours after its selection, meet, appoint  its chairman, 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 he shall be reported to the house to which he  belongs, and that house shall thereupon, in its discretion, punish him by  fine or imprisonment, or both.
  3. The  board may send for persons, papers and records and issue attachments therefor  signed by its chairman or clerk, and may issue commissions for taking proof.
  4. If  it appears that the candidates receiving the highest number of votes given  have received an equal number, the right to the office shall be determined  by lot, under the direction of the board. If the person returned is found  not to have been legally qualified to receive the office at the time of his  election, and the first two (2) years of his term have not expired, a new  election shall be ordered to fill the vacancy. If a person other than the  one returned is found to have received the highest number of legal votes given,  he shall be adjudged to be the person elected and entitled to the office.
  5. No  decision shall be made but by the vote of six (6) members of the board. The  decision of the board shall not be final nor 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.  If no decision of the board is given during the then session of the General  Assembly, it shall be dissolved, unless by joint resolution of the two (2)  houses it is empowered to continue longer.
  6. If  a new election is required, it shall be immediately ordered by proclamation  of the Speaker of the House, to take place on a day not less than thirty (30)  days nor more than six (6) weeks thereafter.
  7. When  a new election is ordered or the incumbent is adjudged not to be entitled  to the office, his power shall immediately cease, and if the office is not  adjudged to another it shall be deemed to be vacant.

History. Enact. Acts 1974, ch. 130, § 168.

NOTES TO DECISIONS

1. Constitutionality.

Method provided by former similar section for determining contest for office of Governor did not violate Fourteenth Amendment to federal constitution, even though action of General Assembly was held to be final and conclusive. Taylor v. Beckham, 108 Ky. 278 , 56 S.W. 177, 21 Ky. L. Rptr. 1735 , 1900 Ky. LEXIS 39 (Ky.), writ of error dismissed, 178 U.S. 548, 20 S. Ct. 890, 44 L. Ed. 1187, 1900 U.S. LEXIS 1702 (U.S. 1900) (decided under prior law).

2. Recount.

The board of contest had power to go behind the certificates of returns and make a recount. Broaddus v. Mason, 95 Ky. 421 , 25 S.W. 1060, 16 Ky. L. Rptr. 38 , 1894 Ky. LEXIS 40 (Ky. Ct. App. 1894) (decided under prior law).

3. Decision.

Kentucky Court of Appeals, in deciding that action of General Assembly in contest of election for Governor was final and conclusive, and that courts could not question sufficiency of grounds or procedure relied on in determining contest, did not deprive unsuccessful candidate of any right guaranteed him by the Fourteenth Amendment, or by U. S. Const., Art. IV, § 4. Taylor v. Beckham, 178 U.S. 548, 20 S. Ct. 890, 44 L. Ed. 1187, 1900 U.S. LEXIS 1702 (U.S. 1900) (decided under prior law).

Where General Assembly found that contestant in contest for office of Governor was elected, courts could not question the finding or adjudge that General Assembly should have declared election void. Taylor v. Beckham, 108 Ky. 278 , 56 S.W. 177, 21 Ky. L. Rptr. 1735 , 1900 Ky. LEXIS 39 (Ky.), writ of error dismissed, 178 U.S. 548, 20 S. Ct. 890, 44 L. Ed. 1187, 1900 U.S. LEXIS 1702 (U.S. 1900) (decided under prior law).

Decision of General Assembly that contestant in contest for office of Governor was entitled to the office was a self-executing judgment, and upon its entry in the journals of the General Assembly the contestant became Governor, notwithstanding that contestee remained in possession of executive building and records in defiance of General Assembly. Powers v. Commonwealth, 110 Ky. 386 , 61 S.W. 735, 22 Ky. L. Rptr. 1807 , 1901 Ky. LEXIS 95 ( Ky. 1901 ) (decided under prior law).

4. Contest Board.

Whether contest board was fairly and properly formed was a matter for the General Assembly to decide, and not for the courts. Taylor v. Beckham, 108 Ky. 278 , 56 S.W. 177, 21 Ky. L. Rptr. 1735 , 1900 Ky. LEXIS 39 (Ky.), writ of error dismissed, 178 U.S. 548, 20 S. Ct. 890, 44 L. Ed. 1187, 1900 U.S. LEXIS 1702 (U.S. 1900) (decided under prior law).

5. Journals.

The entries in the journals of the Houses of the General Assembly with respect to action in a contest proceeding were conclusive, and the courts could not question them or go behind them. Taylor v. Beckham, 108 Ky. 278 , 56 S.W. 177, 21 Ky. L. Rptr. 1735 , 1900 Ky. LEXIS 39 (Ky.), writ of error dismissed, 178 U.S. 548, 20 S. Ct. 890, 44 L. Ed. 1187, 1900 U.S. LEXIS 1702 (U.S. 1900) (decided under prior law).

Although journals of House and Senate, with regard to proceedings in contest for office of Governor, did not recite what evidence was before the General Assembly, or that any evidence was heard by it, the courts were required to presume that the General Assembly acted upon sufficient evidence. Taylor v. Beckham, 108 Ky. 278 , 56 S.W. 177, 21 Ky. L. Rptr. 1735 , 1900 Ky. LEXIS 39 (Ky.), writ of error dismissed, 178 U.S. 548, 20 S. Ct. 890, 44 L. Ed. 1187, 1900 U.S. LEXIS 1702 (U.S. 1900) (decided under prior law).

6. Sufficiency of Evidence.

General Assembly had exclusive power to pass on sufficiency of evidence, and courts could not inquire as to whether decision of General Assembly was right. Taylor v. Beckham, 108 Ky. 278 , 56 S.W. 177, 21 Ky. L. Rptr. 1735 , 1900 Ky. LEXIS 39 (Ky.), writ of error dismissed, 178 U.S. 548, 20 S. Ct. 890, 44 L. Ed. 1187, 1900 U.S. LEXIS 1702 (U.S. 1900) (decided under prior law).

120.210. Notice to political party’s national committee. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 272, § 11) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.651 .

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

When the election of a member of the General Assembly is contested, the branch to which he belongs 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. Such 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. It shall report its decision to the branch of the General Assembly by which it was appointed, for its further action.

History. Enact. Acts 1974, ch. 130, § 169.

NOTES TO DECISIONS

1. Judicial Review.

KRS 118.176 permits a Circuit Court to consider and adjudicate challenges to a candidate’s bona fides that are commenced prior to the general election, and had jurisdiction to determine that due to that candidate’s failure to meet the residency requirements of Ky. Const., § 32, she was disqualified. Stephenson v. Woodward, 182 S.W.3d 162, 2005 Ky. LEXIS 391 ( Ky. 2005 ).

Research References and Practice Aids

Treatises

Caldwell’s Kentucky Form Book, 5th Ed., Motion to Transfer, Form 101.07.

Public Questions and Constitutional Matters

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.

History. Enact. Acts 1974, ch. 130, § 170; 1976 (Ex. Sess.), ch. 14, § 139, effective January 2, 1978.

NOTES TO DECISIONS

1. In General.

The right to contest an election was not waived by the failure to object to the proposed manner of holding such election. Gill v. Board of Education, 288 Ky. 790 , 156 S.W.2d 844, 1941 Ky. LEXIS 142 ( Ky. 1941 ) (decided under prior law).

Under Robinson v. Ehrler, 691 S.W.2d 200, 1985 Ky. LEXIS 249 ( Ky. 1985 ) , a city and its officials could only proceed with a KRS 418.040 declaratory judgment action if they showed that an election was void, rather than merely voidable. Any allegations of error that fell within the parameters of KRS 120.250 had to be brought in an action pursuant to that statute. City of Pikeville v. Pike County, 297 S.W.3d 47, 2009 Ky. App. LEXIS 37 (Ky. Ct. App. 2009).

2. Limitation on Action.

Election on question of whether a hospital district should be established and a special ad valorem tax imposed cannot be contested after expiration of 30-day statutory period. Dunn v. Marshall County Hospital Dist., 543 S.W.2d 767, 1976 Ky. LEXIS 24 ( Ky. 1976 ).

3. Jurisdiction.

In suit to enjoin levy and collection of tax on property of subdistrict after election had been held on proposition whether to make levy, court of equity could not pass upon question whether certain persons were legal voters or how they voted, for such questions were for courts having jurisdiction to try election contests. North East Coal Co. v. Johnson County Fiscal Court, 284 Ky. 121 , 143 S.W.2d 1061, 1940 Ky. LEXIS 452 ( Ky. 1940 ) (decided under prior law).

Courts of equity had no inherent jurisdiction to try election contests. North East Coal Co. v. Johnson County Fiscal Court, 284 Ky. 121 , 143 S.W.2d 1061, 1940 Ky. LEXIS 452 ( Ky. 1940 ) (decided under prior law).

An election contest action which does not attack the election as void is justiciable under this chapter or under other specific statutory authorization, or not at all. But a suit challenging the election on jurisdictional prerequisites is a different matter. Robinson v. Ehrler, 691 S.W.2d 200, 1985 Ky. LEXIS 249 ( Ky. 1985 ).

4. — Over Void Elections.

The final phrase of the description of the type of conduct covered by the 30 days provision in this section, “or any conduct or practice tending to frustrate, obstruct, or interfere with the free expression of the will of the voters,” is intended to amplify the list of election violations in the phrases preceding it. It does not function as a divestiture of preexisting equitable jurisdiction over void elections. The rule of ejusdem generis applies. Such words are general words, not to be construed in their widest extent, but to be held as applying only to things of the same general kind or class as those specifically mentioned. This chapter, and more specifically, subdivision (1) of this section, is a grant of authority, not a limitation of preexisting authority. Robinson v. Ehrler, 691 S.W.2d 200, 1985 Ky. LEXIS 249 ( Ky. 1985 ).

5. — Thirty Day Time Limit.

The 30 days provision in this section relates to the type of case where the election is not void ab initio, but voidable (or contestable) on grounds specified in this chapter. Robinson v. Ehrler, 691 S.W.2d 200, 1985 Ky. LEXIS 249 ( Ky. 1985 ).

The 30 day proviso for election contests under this section does not bar a claim that a referendum on the question of whether to return the fiscal court from the commissioner back to the magisterial form of government was void. Robinson v. Ehrler, 691 S.W.2d 200, 1985 Ky. LEXIS 249 ( Ky. 1985 ).

County occupational license fee was properly approved by public question pursuant to KRS 68.197 because the ballot question met the requirements of KRS 83A.120 and 120.250 . Further, a taxpayer’s challenge was untimely under KRS 120.250 in that it was not brought within 30 days after the election. King v. Campbell County, 217 S.W.3d 862, 2006 Ky. App. LEXIS 331 (Ky. Ct. App. 2006).

6. Initiation of Contest.

Corporations, not having been electors, had no right of contest. North East Coal Co. v. Johnson County Fiscal Court, 284 Ky. 121 , 143 S.W.2d 1061, 1940 Ky. LEXIS 452 ( Ky. 1940 ) (decided under prior law).

7. Ground for Recount.

Fact that petition for election on question of stock running at large was insufficient, and there was no order calling election, were not grounds for contesting the election under former similar section. Adams v. Magisterial Dist. Perry County, 254 Ky. 113 , 71 S.W.2d 21, 1934 Ky. LEXIS 43 ( Ky. 1934 ) (decided under prior law).

A simple allegation that the votes were miscounted thereby affecting the result of the election was a sufficient reason for requesting a recount. Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ) (decided under prior law).

8. Amendment of Petition.

New or additional grounds of contest may not be added by amendment after the time for filing the “petition” has expired. Howell v. Haney, 330 S.W.2d 941, 1959 Ky. LEXIS 213 ( Ky. 1959 ) (decided under prior law).

A party could at anytime amend his pleadings so long as he did not set up a new ground of contest. Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ) (decided under prior law).

The addition of names in support of an allegation that illegal votes were cast was tantamount to stating new grounds. Durr v. Washington County, 339 S.W.2d 444, 1960 Ky. LEXIS 450 ( Ky. 1960 ) (decided under prior law).

9. Validation of Election.

Proponents of public question were not entitled to have election in certain precincts declared void because of frauds committed by their own supporters and representatives. Jackson v. Bolt, 292 Ky. 503 , 166 S.W.2d 831, 1942 Ky. LEXIS 92 ( Ky. 1942 ) (decided under prior law).

Where both the complaint and the intervening complaint were filed too late to contest the election, although the part of the judgment validating the election was improper in a judgment dismissing the action as to all contestants, it had the practical effect of validating the election. Webster v. Board of Education, 437 S.W.2d 956, 1969 Ky. LEXIS 465 ( Ky. 1969 ) (decided under prior law).

Qualified voters were entitled to vote on an annexation ordinance, and a city and its officials were precluded from contesting the election pursuant to KRS 120.250 . The statute gave only electors who were qualified to and did vote in the election the right to contest it. City of Pikeville v. Pike County, 297 S.W.3d 47, 2009 Ky. App. LEXIS 37 (Ky. Ct. App. 2009).

The city’s challenge to an election, that voters submitted a possibly untruthful affidavit in order to be allowed to vote on an annexation question, fell squarely within the purview of KRS 120.250(1). Even though the alleged conduct was characterized as the sort of mischief the statute sought to prevent, the city and its officials lacked standing under the statute. City of Pikeville v. Pike County, 297 S.W.3d 47, 2009 Ky. App. LEXIS 37 (Ky. Ct. App. 2009).

10. Fraud or Lack of Jurisdiction.

If fraud was committed in the recount proceeding, or if the court had no jurisdiction to render the recount judgment, this was a matter of which only voters or authorized parties could complain. Lyon v. Holbrook, 316 S.W.2d 862, 1958 Ky. LEXIS 66 ( Ky. 1958 ) (decided under prior law).

11. Necessary Parties.

In a contest proceeding involving a subdistrict tax levy election, the subdistrict was not a necessary party but the board of education was. Gill v. Board of Education, 288 Ky. 790 , 156 S.W.2d 844, 1941 Ky. LEXIS 142 ( Ky. 1941 ) (decided under prior law).

12. Default Judgment.

The negligent omission or willful failure of the board of election commissioners to answer within the prescribed time a petition contesting a local option election would not justify a default judgment. In such case the court could reasonably extend the time for answering, and if no answer was filed the court should treat the petition as controverted. Keeling v. Coker, 294 Ky. 199 , 171 S.W.2d 263, 1943 Ky. LEXIS 423 ( Ky. 1943 ) (decided under prior law).

13. Procedure.

Although the trial court was vested with a discretion to permit the filing of an intervening complaint, on motion for summary judgment the trial court was justified in concluding that the intervening complaint was insufficient to warrant relief, as it showed on its face that it came too late as an election contest under the statute and the new issues it presented should not be adjudicated in that action. Webster v. Board of Education, 437 S.W.2d 956, 1969 Ky. LEXIS 465 ( Ky. 1969 ) (decided under prior law).

14. Injunction.

Injunction was authorized where election officers falsely or fraudulently certified result of election, but election contest was remedy where election officers erroneously determined how votes should be counted. North East Coal Co. v. Johnson County Fiscal Court, 284 Ky. 121 , 143 S.W.2d 1061, 1940 Ky. LEXIS 452 ( Ky. 1940 ) (decided under prior law).

An action to enjoin county board of education from levying a subdistrict tax, voted at special subdistrict election, was not an action to contest this election and therefore was not governed by the 30-day limitations prescribed by former similar section. Gregory v. Franklin-Simpson County Board of Education, 302 Ky. 404 , 194 S.W.2d 961, 1946 Ky. LEXIS 689 ( Ky. 1946 ) (decided under prior law).

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.

History. Enact. Acts 1974, ch. 130, § 171; 1976 (Ex. Sess.), ch. 14, § 140, effective January 2, 1978.

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. Enact. Acts 1974, ch. 130, § 172.

NOTES TO DECISIONS

1. Election Void.

Where so many ballots were mutilated or tainted with fraud to the extent that it would be unreasonable to suppose that the voters could make so many honest mistakes, the court held that there had been no election. Franklin v. Helton, 298 Ky. 580 , 183 S.W.2d 532, 1944 Ky. LEXIS 945 ( Ky. 1944 ) (decided under prior law).

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 .

History. Enact. Acts 1974, ch. 130, § 173; 1976 (Ex. Sess.), ch. 14, § 141, effective January 2, 1978; 1980, ch. 114, § 16, effective July 15, 1980; 1992, ch. 288, § 56, effective July 14, 1992.

NOTES TO DECISIONS

1. Applicability.

Attorney general’s challenge to a 1994 ballot question, involving an alleged latent defect in the question which would render the election voidable only upon proof of underlying facts, constituted a challenge of the election and, as such, was time-barred under subsection (1), since it was filed two (2) years after the election. Chandler v. City of Winchester, 973 S.W.2d 78, 1998 Ky. App. LEXIS 63 (Ky. Ct. App. 1998).

2. Sufficiency of Ballot.

Ballot question by which 1994 amendment to Ky. Const., § 157 was adopted was not misleading or inconsistent, but revealed the substance of the amendment, and was therefore constitutional and in compliance with this section. Chandler v. City of Winchester, 973 S.W.2d 78, 1998 Ky. App. LEXIS 63 (Ky. Ct. App. 1998).

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.

History. Enact. Acts 1974, ch. 130, § 174; 1976 (Ex. Sess.), ch. 14, § 142, effective January 2, 1978.

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. Enact. Acts 1974, ch. 130, § 175.

Miscellaneous Provisions

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. Enact. Acts 1974, ch. 130, § 176.

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. Enact. Acts 1974, ch. 130, § 177.

NOTES TO DECISIONS

1. Parties.

Where, in suit to keep nominee’s name off ballot, petition alleged that elected party nominee for office of sheriff, in violation of former Corrupt Practices Act, paid another candidate to dismiss an election contest, petition did not state a cause of action against nominee because the prohibition in former similar section was directed against the party who, for payment, agreed not to contest an election or ceased prosecution of such a suit after it had been filed. Helm v. Arnold, 311 Ky. 356 , 224 S.W.2d 173, 1949 Ky. LEXIS 1143 ( Ky. 1949 ) (decided under prior law).

CHAPTER 121 Campaign Finance Regulation

121.005. Legislative findings on electronic storage and retrieval of campaign finance information.

  1. The General Assembly finds and declares that:
    1. The intent of disclosure of campaign finance information is to make that information about political contributions and expenditures accessible to the public;
    2. The volume of campaign finance reports submitted each year to the state renders it virtually impossible, without the help of computer technology, to derive meaningful conclusions from the records; and
    3. Computer automation is a necessary and effective means of transmitting, organizing, storing, and retrieving vast amounts of data submitted by candidates in election campaigns.
  2. The General Assembly enacts this legislation to accomplish the following:
    1. To improve the existing system of electronic reporting and extend its usage to more candidates;
    2. To allow concerned persons easy, convenient, and timely access to campaign finance reports submitted to the state;
    3. To ease the burden on candidates and committees of tabulating, filing, and maintaining public records of financial activity;
    4. To strengthen both the disclosure and enforcement capabilities of the Registry of Election Finance;
    5. To cooperate in the standardization of reporting formats among states so that interstate as well as intrastate sources of political money can be known;
    6. To provide for a fully informed electorate; and
    7. To help restore public trust in the governmental and electoral institutions of this state.

History. Enact. Acts 2000, ch. 398, § 1, effective July 14, 2000; 2019 ch. 2, § 1, effective June 27, 2019.

121.010. Proclamation for special election for Governor. [Repealed.]

Compiler’s Notes.

This section (1523-2, 1525: amend. Acts 1966, ch. 239, § 129) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.710 .

121.015. Definitions for chapter. [Effective until July 15, 2020]

As used in this chapter:

  1. “Registry” means the Kentucky Registry of Election Finance;
  2. “Election” means any primary, regular, or special election to fill vacancies regardless of whether a candidate or slate of candidates is opposed or unopposed in an election. Each primary, regular, or special election shall be considered a separate election;
  3. “Committee” includes the following:
    1. “Campaign committee,” which means one (1) or more persons who receive contributions and make expenditures to support or oppose one (1) or more specific candidates or slates of candidates for nomination or election to any state, county, city, or district office, but does not include an entity established solely by a candidate which is managed solely by a candidate and a campaign treasurer and whose name is generic in nature, such as “Friends of (the candidate),” and does not reflect that other persons have structured themselves as a committee, designated officers of the committee, and assigned responsibilities and duties to each officer with the purpose of managing a campaign to support or oppose a candidate in an election;
    2. “Caucus campaign committee,” which means members of one (1) of the following caucus groups who receive contributions and make expenditures to support or oppose one (1) or more specific candidates or slates of candidates for nomination or election, or a committee:
      1. House Democratic caucus campaign committee;
      2. House Republican caucus campaign committee;
      3. Senate Democratic caucus campaign committee;
      4. Senate Republican caucus campaign committee; or
      5. Subdivisions of the state executive committee of a minor political party, which serve the same function as the above-named committees, as determined by regulations promulgated by the registry;
    3. “Political issues committee,” which means three (3) or more persons joining together to advocate or oppose a constitutional amendment or public question which appears on the ballot if that committee receives or expends money in excess of one thousand dollars ($1,000);
    4. “Permanent committee,” which means a group of individuals, including an association, committee, or organization, other than a campaign committee, political issues committee, inaugural committee, caucus campaign committee, or party executive committee, which is established as, or intended to be, a permanent organization having as a primary purpose expressly advocating the election or defeat of one (1) or more clearly identified candidates, slates of candidates, or political parties, which functions on a regular basis throughout the year;
    5. An executive committee of a political party; and
    6. “Inaugural committee,” which means one (1) or more persons who receive contributions and make expenditures in support of inauguration activities for any candidate or slate of candidates elected to any state, county, city, or district office;
  4. “Contributing organization” means a group which merely contributes to candidates, slates of candidates, campaign committees, caucus campaign committees, or executive committees from time to time from funds derived solely from within the group, and which does not solicit or receive funds from sources outside the group itself. However, any contributions made by the groups in excess of one hundred dollars ($100) shall be reported to the registry;
  5. “Testimonial affair” means an affair held in honor of a person who holds or who is or was a candidate for nomination or election to a political office in this state designed to raise funds for any purpose not charitable, religious, or educational;
  6. “Contribution” means any:
    1. Payment, distribution, loan, deposit, or gift of money or other thing of value, to a candidate, his or her agent, a slate of candidates, its authorized agent, a committee, or contributing organization. As used in this subsection, “loan” shall include a guarantee, endorsement, or other form of security where the risk of nonpayment rests with the surety, guarantor, or endorser, as well as with a committee, contributing organization, candidate, slate of candidates, or other primary obligor. No person shall become liable as surety, endorser, or guarantor for any sum in any one (1) election which, when combined with all other contributions the individual makes to a candidate, his or her agent, a slate of candidates, its agent, a committee, or a contributing organization, exceeds the contribution limits provided in KRS 121.150 ;
    2. Payment by any person other than the candidate, his or her authorized treasurer, a slate of candidates, its authorized treasurer, a committee, or a contributing organization, of compensation for the personal services of another person which are rendered to a candidate, slate of candidates, committee, or contributing organization, or for inauguration activities;
    3. Goods, advertising, or services with a value of more than one hundred dollars ($100) in the aggregate in any one (1) election which are furnished to a candidate, slate of candidates, committee, or contributing organization or for inauguration activities without charge, or at a rate which is less than the rate normally charged for the goods or services; or
    4. Payment by any person other than a candidate, his or her authorized treasurer, a slate of candidates, its authorized treasurer, a committee, or contributing organization for any goods or services with a value of more than one hundred dollars ($100) in the aggregate in any one (1) election which are utilized by a candidate, slate of candidates, committee, or contributing organization, or for inauguration activities;
  7. Notwithstanding the foregoing meanings of “contribution,” the word shall not be construed to include:
    1. Services provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate, a slate of candidates, committee, or contributing organization;
    2. A loan of money by any financial institution doing business in Kentucky made in accordance with applicable banking laws and regulations and in the ordinary course of business; or
    3. An independent expenditure by any individual or permanent committee;
  8. “Candidate” means any person who has received contributions or made expenditures, has appointed a campaign treasurer, or has given his or her consent for any other person to receive contributions or make expenditures with a view to bringing about his or her nomination or election to public office, except federal office;
  9. “Slate of candidates” means any two (2) persons who have filed a joint notification and declaration pursuant to KRS 118.127 , received contributions or made expenditures, appointed a campaign treasurer, designated a campaign depository, or given their consent for any other person to receive contributions or make expenditures with a view to bringing about their nomination for election to the offices of Governor and Lieutenant Governor. Unless the context requires otherwise, any provision of law that applies to a candidate shall also apply to a slate of candidates;
  10. “Knowingly” means, with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or should have been aware that his or her conduct is of that nature or that the circumstance exists;
  11. “Fundraiser” means an individual who directly solicits and secures contributions on behalf of a candidate or slate of candidates for a statewide-elected state office or an office in a jurisdiction with a population in excess of two hundred thousand (200,000) residents;
  12. “Independent expenditure” means the expenditure of money or other things of value for a communication which expressly advocates the election or defeat of a clearly identified candidate or slate of candidates, and which is made without any coordination, consultation, or cooperation with any candidate, slate of candidates, campaign committee, or any authorized person acting on behalf of any of them, and which is not made in concert with, or at the request or suggestion of any candidate, slate of candidates, campaign committee, or any authorized person acting on behalf of any of them;
  13. “Electronic reporting” means the use of technology, having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities, by which an individual or other entity submits, compiles, or transmits campaign finance reports to the registry, or by which the registry receives, stores, analyzes, or discloses the reports;
  14. “Security procedure” means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures;
  15. “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record;
  16. “Filer” means any candidate, a slate of candidates, committee, or other individual or entity required to submit financial disclosure reports to the registry; and
  17. “Filer-side software” means software provided to or used by the filer that enables transmittal of financial reports to the registry.

History. Enact. Acts 1974, ch. 130, § 178; 1980, ch. 292, § 1, effective July 15, 1980; 1986, ch. 100, § 1, effective July 15, 1986; 1992, ch. 288, § 15, effective July 14, 1992; 1994, ch. 458, § 1, effective July 15, 1994; 1996, ch. 153, § 4, effective July 15, 1996; 1996, ch. 179, § 1, effective July 15, 1996; 2000, ch. 398, § 2, effective July 14, 2000; 2005, ch. 105, § 2, effective March 16, 2005; 2008, ch. 129, § 10, effective July 15, 2008; 2018 ch. 4, § 1, effective February 20, 2018.

NOTES TO DECISIONS

1. Purpose.

The legislative intent of the Kentucky Corrupt Practices Act is to guard against the reality or appearance of corruption in the election process, and to equalize the relative ability of all voters to affect the outcome of elections. Lee v. Commonwealth, 565 S.W.2d 634, 1978 Ky. App. LEXIS 511 (Ky. Ct. App. 1978).

The purpose of this chapter is to regulate the financing of campaigns for public office and other activities involving questions to be submitted to the state’s voters. Kentucky Educators Public Affairs Council v. Kentucky Registry of Election Finance, 677 F.2d 1125, 1982 U.S. App. LEXIS 19286 (6th Cir. Ky. 1982 ).

2. Contribution.

The definition of “contribution” is not unconstitutionally overbroad; the law regulates the amount of contributions when the slate of candidates elects to receive public financing, thus requiring the candidates to obtain funding from a greater number of sources, and the overall effect of the limitation on contributions is merely to require candidates and political committees to raise funds from a greater number of persons and to compel people who would otherwise contribute amounts greater than the statutory limits to expend such funds on direct political expression, rather than to reduce the total amount of money potentially available to promote political expression. Commonwealth v. Martin, 2000 Ky. App. LEXIS 135 (Ky. Ct. App. Nov. 9, 2000).

3. Knowingly.

The definition of “knowingly” as applied to the defendants was constitutional as they were experienced political operatives who knew that their campaign had elected to receive state funding and were certainly not novices in the political arena and, therefore, they could determine with reasonable certainty whether their actions were illegal. Commonwealth v. Martin, 2000 Ky. App. LEXIS 135 (Ky. Ct. App. Nov. 9, 2000).

The mens rea element of “aware or should have been aware” in KRS 121.015(10) suffices to support a criminal conviction under KRS 121.990(3) because it requires defendants to have sufficient knowledge of the nature of their conduct so as not to deny them their due process and First Amendment rights. Martin v. Commonwealth, 96 S.W.3d 38, 2003 Ky. LEXIS 8 (Ky.), cert. denied, 539 U.S. 928, 123 S. Ct. 2586, 156 L. Ed. 2d 605, 2003 U.S. LEXIS 4633 (U.S. 2003).

Opinions of Attorney General.

Since the election finance act refers to and applies only to elections involving public questions, concerning which committees for or against have been formed, and certain candidates for public office, political action committees advocating or opposing public questions that are not subject to referendum would not be governed by the election finance act. OAG 75-546 .

Under the definition of the term “election,” which means any primary, regular or special election, a person could contribute up to $3,000 to a particular candidate for use in his primary election campaign and a sum equal to this amount for use in his general election campaign. OAG 75-590.

Since announcement for a public office is not made until after January 1 in the calendar year of the election, while election officers for precincts are selected by the previous September 20 in the preceding calendar year, members of the county board of elections would be entitled to perform their duties, including the selection of election officers on or before September 20 as prescribed in KRS 117.045 through the year preceding the candidacy for public office, unless, prior to such election, they become candidates under any of the conditions set forth in the definition of candidates set forth in subsection (7) of this section, and in addition, they would become disqualified whenever they actually file as a candidate for public office. OAG 76-409 , modifying OAG 73-202 .

A candidate can continue to contribute his regular personal contributions unrelated to political campaigns to charitable organizations of which he is a member or to which he has been a regular contributor for more than six months; however, unless and until an officer becomes a candidate for reelection within the meaning of the term as defined in subsection (7) of this section, the personal contribution restriction under KRS 121.150(2) would have no application. OAG 82-255 .

Expenditures of campaign funds can be made solely for campaign purposes under the terms of the Corrupt Practices Act. OAG 82-255 .

Research References and Practice Aids

Kentucky Law Journal.

Note, PACS in Kentucky: Regulating the Permanent Committees, 76 Ky. L.J. 1011 (1987-88).

Notes, Campaign Finance Reform in Kentucky: The Race For Governor, 85 Ky. L.J. 723 (1996-97).

121.015. Definitions for chapter. [Effective July 15, 2020]

As used in this chapter:

  1. “Registry” means the Kentucky Registry of Election Finance;
  2. “Election” means any primary, regular, or special election to fill vacancies regardless of whether a candidate or slate of candidates is opposed or unopposed in an election. Each primary, regular, or special election shall be considered a separate election;
  3. “Committee” includes the following:
    1. “Campaign committee,” which means one (1) or more persons who receive contributions and make expenditures to support or oppose one (1) or more specific candidates or slates of candidates for nomination or election to any state, county, city, or district office, but does not include an entity established solely by a candidate which is managed solely by a candidate and a campaign treasurer and whose name is generic in nature, such as “Friends of (the candidate),” and does not reflect that other persons have structured themselves as a committee, designated officers of the committee, and assigned responsibilities and duties to each officer with the purpose of managing a campaign to support or oppose a candidate in an election;
    2. “Caucus campaign committee,” which means members of one (1) of the following caucus groups who receive contributions and make expenditures to support or oppose one (1) or more specific candidates or slates of candidates for nomination or election, or a committee:
      1. House Democratic caucus campaign committee;
      2. House Republican caucus campaign committee;
      3. Senate Democratic caucus campaign committee;
      4. Senate Republican caucus campaign committee; or
      5. Subdivisions of the state executive committee of a minor political party, which serve the same function as the above-named committees, as determined by regulations promulgated by the registry;
    3. “Political issues committee,” which means three (3) or more persons joining together to advocate or oppose a constitutional amendment or public question which appears on the ballot if that committee receives or expends money in excess of one thousand dollars ($1,000);
    4. “Permanent committee,” which means a group of individuals, including an association, committee, or organization, other than a campaign committee, political issues committee, inaugural committee, caucus campaign committee, or party executive committee, which is established as, or intended to be, a permanent organization having as a primary purpose expressly advocating the election or defeat of one (1) or more clearly identified candidates, slates of candidates, or political parties, which functions on a regular basis throughout the year;
    5. An executive committee of a political party; and
    6. “Inaugural committee,” which means one (1) or more persons who receive contributions and make expenditures in support of inauguration activities for any candidate or slate of candidates elected to any state, county, city, or district office;
  4. “Contributing organization” means a group which merely contributes to candidates, slates of candidates, campaign committees, caucus campaign committees, or executive committees from time to time from funds derived solely from within the group, and which does not solicit or receive funds from sources outside the group itself. However, any contributions made by the groups in excess of one hundred dollars ($100) shall be reported to the registry;
  5. “Testimonial affair” means an affair held in honor of a person who holds or who is or was a candidate for nomination or election to a political office in this state designed to raise funds for any purpose not charitable, religious, or educational;
  6. “Contribution” means any:
    1. Payment, distribution, loan, deposit, or gift of money or other thing of value, to a candidate, his or her agent, a slate of candidates, its authorized agent, a committee, or contributing organization. As used in this subsection, “loan” shall include a guarantee, endorsement, or other form of security where the risk of nonpayment rests with the surety, guarantor, or endorser, as well as with a committee, contributing organization, candidate, slate of candidates, or other primary obligor. No person shall become liable as surety, endorser, or guarantor for any sum in any one (1) election which, when combined with all other contributions the individual makes to a candidate, his or her agent, a slate of candidates, its agent, a committee, or a contributing organization, exceeds the contribution limits provided in KRS 121.150 ;
    2. Payment by any person other than the candidate, his or her authorized treasurer, a slate of candidates, its authorized treasurer, a committee, or a contributing organization, of compensation for the personal services of another person which are rendered to a candidate, slate of candidates, committee, or contributing organization, or for inauguration activities;
    3. Goods, advertising, or services with a value of more than one hundred dollars ($100) in the aggregate in any one (1) election which are furnished to a candidate, slate of candidates, committee, or contributing organization or for inauguration activities without charge, or at a rate which is less than the rate normally charged for the goods or services; or
    4. Payment by any person other than a candidate, his or her authorized treasurer, a slate of candidates, its authorized treasurer, a committee, or contributing organization for any goods or services with a value of more than one hundred dollars ($100) in the aggregate in any one (1) election which are utilized by a candidate, slate of candidates, committee, or contributing organization, or for inauguration activities;
  7. Notwithstanding the foregoing meanings of “contribution,” the word shall not be construed to include:
    1. Services provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate, a slate of candidates, committee, or contributing organization;
    2. A loan of money by any financial institution doing business in Kentucky made in accordance with applicable banking laws and regulations and in the ordinary course of business; or
    3. An independent expenditure by any individual or permanent committee;
  8. “Candidate” means any person who has received contributions or made expenditures, has appointed a campaign treasurer, or has given his or her consent for any other person to receive contributions or make expenditures with a view to bringing about his or her nomination or election to public office, except federal office;
  9. “Slate of candidates” means:
    1. Between the time a certificate or petition of nomination has been filed for a candidate for the office of Governor under KRS 118.365 and the time the candidate designates a running mate for the office of Lieutenant Governor under KRS 118.126 , a slate of candidates consists of the candidate for the office of Governor; and
    2. After that candidate has designated a running mate under KRS 118.126 , that same slate of candidates consists of that same candidate for the office of Governor and the candidate’s running mate for the office of Lieutenant Governor. Unless the context requires otherwise, any provision of law that applies to a candidate shall also apply to a slate of candidates;
  10. “Knowingly” means, with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or should have been aware that his or her conduct is of that nature or that the circumstance exists;
  11. “Fundraiser” means an individual who directly solicits and secures contributions on behalf of a candidate or slate of candidates for a statewide-elected state office or an office in a jurisdiction with a population in excess of two hundred thousand (200,000) residents;
  12. “Independent expenditure” means the expenditure of money or other things of value for a communication which expressly advocates the election or defeat of a clearly identified candidate or slate of candidates, and which is made without any coordination, consultation, or cooperation with any candidate, slate of candidates, campaign committee, or any authorized person acting on behalf of any of them, and which is not made in concert with, or at the request or suggestion of any candidate, slate of candidates, campaign committee, or any authorized person acting on behalf of any of them;
  13. “Electronic reporting” means the use of technology, having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities, by which an individual or other entity submits, compiles, or transmits campaign finance reports to the registry, or by which the registry receives, stores, analyzes, or discloses the reports;
  14. “Security procedure” means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures;
  15. “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record;
  16. “Filer” means any candidate, a slate of candidates, committee, or other individual or entity required to submit financial disclosure reports to the registry; and
  17. “Filer-side software” means software provided to or used by the filer that enables transmittal of financial reports to the registry.

HISTORY: Enact. Acts 1974, ch. 130, § 178; 1980, ch. 292, § 1, effective July 15, 1980; 1986, ch. 100, § 1, effective July 15, 1986; 1992, ch. 288, § 15, effective July 14, 1992; 1994, ch. 458, § 1, effective July 15, 1994; 1996, ch. 153, § 4, effective July 15, 1996; 1996, ch. 179, § 1, effective July 15, 1996; 2000, ch. 398, § 2, effective July 14, 2000; 2005, ch. 105, § 2, effective March 16, 2005; 2008, ch. 129, § 10, effective July 15, 2008; 2018 ch. 4, § 1, effective February 20, 2018; 2020 ch. 88, § 10, effective July 15, 2020.

121.020. Proclamation for special election for Representative in Congress. [Repealed.]

Compiler’s Notes.

This section (1523-1, 1523-2: Acts 1966, ch. 239, § 130) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.720 .

121.025. Corporate contributions to candidates prohibited.

No corporation authorized to do business in this state or in another state, and no officer or agent of a corporation on its behalf, shall contribute, either directly or indirectly, any money, service, or other thing of value towards the nomination or election of any state, county, city, or district officer in this state, or pay, promise, loan, or become liable in any way for any money or other valuable thing on behalf of any candidate for office at any election, primary or nominating convention held in this state. No attorney or other person shall accept employment and compensation from a corporation with the understanding or agreement, either direct or implied, that he or she will contribute to any such candidate, or on his or her behalf, any part or all of such compensation, towards the nomination or election of such candidate. The prohibitions in this section shall not prevent a corporation from making a monetary contribution to a state executive committee’s building fund account established under KRS 121.172 .

HISTORY: Enact. Acts 1974, ch. 130, § 179; 1984, ch. 111, § 66, effective July 13, 1984; 1994, ch. 458, § 2, effective July 15, 1994; 2017 ch. 122, § 5, effective June 29, 2017.

NOTES TO DECISIONS

1. Purpose.

The purpose of both Ky. Const., § 150 and this section appear to be for the prevention of the exertion of unwarranted and perhaps unwholesome influence over political affairs by corporations formed for profit. Kentucky Registry of Election Finance v. Louisville Bar Asso., 579 S.W.2d 622, 1978 Ky. App. LEXIS 673 (Ky. Ct. App. 1978).

2. Advertisements.
3. — Poll.

The proposed application of this section and Ky. Const., § 150 prohibiting the expression of thought through the Louisville bar association’s paid advertisement showing the results of a poll of its members as to the qualification of candidates for the judiciary would be incompatible with the freedoms secured by the first amendment of both the Kentucky and the United States constitutions. Kentucky Registry of Election Finance v. Louisville Bar Asso., 579 S.W.2d 622, 1978 Ky. App. LEXIS 673 (Ky. Ct. App. 1978).

4. Strict Construction.

This section, KRS 121.990 , and Ky. Const., § 150 are penal in nature and must be narrowly construed so as not to infringe on first amendment rights. Kentucky Registry of Election Finance v. Louisville Bar Asso., 579 S.W.2d 622, 1978 Ky. App. LEXIS 673 (Ky. Ct. App. 1978).

5. Board of Education.

Argument that a board of education is a corporation under Corrupt Practices Act and that as such it could not participate in a payroll deduction that included a donation to a political action committee was correctly rejected. Kentucky Educators Public Affairs Council v. Kentucky Registry of Election Finance, 677 F.2d 1125, 1982 U.S. App. LEXIS 19286 (6th Cir. Ky. 1982 ).

6. Application.

The former Corrupt Practices Act did not apply to voting for individuals to an office, but only made it unlawful to vote for or support any particular thing or measure in consideration for the vote, or the support, financial or moral, of a corporation, association or person in any election, primary or convention. Landrum v. Cockrill, 267 Ky. 397 , 102 S.W.2d 337, 1937 Ky. LEXIS 327 ( Ky. 1937 ) (decided under prior law).

Former Corrupt Practices Act did not provide that a candidate who had violated any of its provisions should be ineligible in the future to accept nominations or hold office. Lovely v. Cockrell, 237 Ky. 547 , 35 S.W.2d 891, 1931 Ky. LEXIS 639 ( Ky. 1931 ); Petrey v. Hazard, 346 S.W.2d 534, 1961 Ky. LEXIS 314 ( Ky. 1961 ) (decided under prior law).

7. Corporation Loan.

In action on note by holder in due course, defense that original corporate payee from whom money was borrowed on note knew that money was to be used on behalf of a certain candidate was not available, there being nothing in the statute to make such a note void. First Nat'l Bank v. Combs, 237 Ky. 834 , 36 S.W.2d 644, 1931 Ky. LEXIS 703 ( Ky. 1931 ) (decided under prior law).

8. Activity by Corporation Employee.

Evidence that a part-time employee of a corporation was active on behalf of a candidate did not sustain charge that corporation participated in election in violation of former similar section. Napier v. Witt, 300 Ky. 652 , 190 S.W.2d 33, 1945 Ky. LEXIS 629 ( Ky. 1945 ) (decided under prior law).

9. Union’s Contribution.

Contribution to candidate by local lodge of miners’ union was not a violation of former similar section where the local was not a corporation. Hatcher v. Petry, 261 Ky. 52 , 86 S.W.2d 1043, 1935 Ky. LEXIS 587 ( Ky. 1935 ) (decided under prior law).

10. Payments to Election Officers.

Additional payments to election officers by political parties did not violate former corrupt practices act unless it was shown that the money paid was used for corrupt purposes. Beauchamp v. Willis, 300 Ky. 630 , 189 S.W.2d 938, 1945 Ky. LEXIS 609 ( Ky. 1945 ) (decided under prior law).

11. Election Void.

Court would not declare an election void and of no effect on account of a violation of former Corrupt Practices Act, unless it was shown by unimpeachable evidence that the contestee violated the act himself, or that with his knowledge, consent or procurement, the act was violated by others for him. Gross v. Cawood, 270 Ky. 264 , 109 S.W.2d 597, 1937 Ky. LEXIS 54 ( Ky. 1937 ) (decided under prior law).

Where a candidate who had received the majority of votes in a general election became incapacitated to assume the office by reason of violations of former Corrupt Practices Act the court must declare the office vacant and to be filled in the manner provided by law. Brewer v. Compton, 276 Ky. 53 , 122 S.W.2d 1024, 1938 Ky. LEXIS 532 ( Ky. 1938 ) (decided under prior law).

Cited:

Naegele Outdoor Advertising Co., Div. of Naegele, Inc. v. Moulton, 773 F.2d 692, 1985 U.S. App. LEXIS 23280 (6th Cir. 1985), cert. denied, 475 U.S. 1121, 106 S. Ct. 1639, 90 L. Ed. 2d 184, 1986 U.S. LEXIS 1890 (1986).

Opinions of Attorney General.

The statutory prohibition found under KRS 95.470 applicable only to individual members of the police department and would not apply to a lodge of the fraternal order of police but if fraternal order of police is incorporated it would be prohibited as a corporation from contributing, either directly or indirectly, any money, services or other things of value towards the nomination of any state, county, city, or district officer pursuant to this section; only where such organization is not incorporated would there be no prohibition except such reporting requirements that may be necessary under the Corrupt Practices Act, KRS Chapter 121. OAG 77-22 .

A business corporation would not be in violation of this section were it to invite all candidates for state and local office to appear at the corporation’s premises to meet and address its employes as a part of an educational program and to encourage participation in a coming election, provided all candidates were treated alike as far as being given the opportunity to appear before the election and provided the company did not attempt to influence its employes to support one candidate or party over another. OAG 80-522 .

Research References and Practice Aids

Kentucky Law Journal.

Kentucky Law Survey, Wallingford, Professional Responsibility, 67 Ky. L.J. 757 (1978-1979).

Notes, Campaign Finance Reform in Kentucky: The Race For Governor, 85 Ky. L.J. 723 (1996-97).

ALR

Constitutionality and construction of statute respecting political contributions or other political activities by labor unions. 167 A.L.R. 1465.

Solicitation or receipt of funds by public officer or employe for political campaign expenses or similar purposes as bribery. 55 A.L.R.2d 1137.

121.030. Writ for special election for member of General Assembly. [Repealed.]

Compiler’s Notes.

This section (1523, 1524) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.730 .

121.035. Corporate contributions to aid candidates for public office prohibited — Aid to support a constitutional amendment, public issue, or building fund account permitted.

  1. No corporation organized or authorized to do business in this state or in another state shall, by itself or by or through an officer, agent, attorney, or employee, subscribe, give, procure or furnish, or afterwards reimburse or compensate in any way any person who has subscribed, given, procured, or furnished, any money, privilege, favor, or other thing of value to any political or quasi-political organization, or any officer or member thereof, to be used by such organization for the purpose of aiding, assisting, or advancing any candidate for public office in this state in any way whatever.
  2. No officer, agent, attorney, or employee of any corporation organized or authorized to do business in this state or in another state, or person acting for or representing any such corporation, shall disburse, distribute, pay out, or in any way handle any money, funds, or other thing of value that belongs to or has been or is being furnished by any such corporation or any officer, agent, attorney, or employee thereof to be used or employed in any way for the purpose of aiding, assisting, or advancing any candidate for public office in this state in any way whatever.
  3. Nothing in this section shall be construed to prohibit a corporation from making contributions in support of a constitutional amendment, a public question which appears on the ballot, or position on an issue of public importance,  or to prohibit a corporation from making contributions to a state executive committee’s building fund account established under KRS 121.172 . Nothing in this chapter shall be construed to prohibit a not-for-profit corporation, which does not derive a substantial portion of its revenue from for-profit corporations, from making independent expenditures.

HISTORY: Enact. Acts 1974, ch. 130, § 179; 1980, ch. 292, § 2, effective July 15, 1980; 1994, ch. 458, § 3, effective July 15, 1994; 1996, ch. 153, § 5, effective July 15, 1996; 2017 ch. 122, § 6, effective June 29, 2017.

NOTES TO DECISIONS

Cited:

Naegele Outdoor Advertising Co., Div. of Naegele, Inc. v. Moulton, 773 F.2d 692, 1985 U.S. App. LEXIS 23280 (6th Cir. 1985), cert. denied, 475 U.S. 1121, 106 S. Ct. 1639, 90 L. Ed. 2d 184, 1986 U.S. LEXIS 1890 (1986).

Opinions of Attorney General.

The sale of advertising in the National Democratic Review, a nonprofit corporation not connected with any political party but whose purposes permit it to publish and discuss information about the statements made by Democratic candidates for national office, to corporations to solicit business and not as political advertisements at comparable commercial rates for the purchase of advertising space would not be in violation of this section. OAG 75-535 .

This section and particularly the phrase “political or quasi-political organization” were intended to refer only to those organizations organized on behalf of political parties and the candidates of those parties seeking election to public office and thus it has no application to independent organizations organized for the purpose of favoring or opposing a public question. OAG 76-406 .

This section does not prohibit Kentucky corporations from making contributions to the committee organized for the purpose of defeating Proposition 15 in a California election since the committee is not a “political or quasi-political organization” within the meaning of this section. OAG 76-406 .

Research References and Practice Aids

Kentucky Law Journal.

Fox, Corporate Political Speech: The Effect of First National Bank of Boston v. Bellotti Upon Statutory Limitations on Corporate Referendum Spending, 67 Ky. L.J. 75 (1978-1979).

121.040. Delivery of proclamations and writs to sheriffs. [Repealed.]

Compiler’s Notes.

This section (1457, 1523-2, 1523-5) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.740 .

121.045. Contributions to certain candidates or slates of candidates by individuals prohibited.

No person and no agent of any person on his behalf, shall contribute, either directly or indirectly, any money, service, or other thing of value towards the nomination or election of any state, county, city, or district officer who, in his official capacity, is required by law to perform any duties peculiar to the person not common to the general public, or to supervise, regulate, or control in any manner the affairs of the person, or to perform any duty in assessing the property of the person for taxation. No person, and no agent of any person on his behalf, shall pay, promise, loan, or become liable in any way for any money or other valuable thing on behalf of any candidate or slate of candidates for any office at any election, primary, or nominating convention held in this state. No attorney or other person shall accept employment and compensation from any person with the understanding or agreement, either direct or implied, that he will contribute to any candidate or slate of candidates for any office, or on his behalf, any part or all of his compensation, towards the nomination or election of any candidate or slate of candidates.

History. Enact. Acts 1974, ch. 130, § 181; 1984, ch. 111, § 67, effective July 13, 1984; 1992, ch. 288, § 23, effective July 14, 1992.

NOTES TO DECISIONS

1. Constitutionality.

So much of this section as prohibits donations to the election campaigns of candidates for the office of property valuation administrator by persons whose property he may assess is unconstitutional. Lee v. Commonwealth, 565 S.W.2d 634, 1978 Ky. App. LEXIS 511 (Ky. Ct. App. 1978).

2. Purpose.

One of the purposes of former similar statute was to prevent coerced contributions from a person who might be under the dominion or control of a candidate for office, and it was primarily for the protection of the employee. Riddle v. Eaton, 447 S.W.2d 47, 1969 Ky. LEXIS 63 ( Ky. 1969 ) (decided under prior law).

The obvious purpose intended by this section was to prohibit bribes, coerced donations from employees and the payment for votes. Lee v. Commonwealth, 565 S.W.2d 634, 1978 Ky. App. LEXIS 511 (Ky. Ct. App. 1978).

3. Construction.

“Official capacity” refers to the public office for which the election is being held, and not to an office in a corporation with which the contributor is affiliated. Hatcher v. Petry, 261 Ky. 52 , 86 S.W.2d 1043, 1935 Ky. LEXIS 587 ( Ky. 1935 ) (decided under prior law).

4. Knowledge.

Where there was not sufficient evidence to authorize a finding, as a matter of law, that the alleged activities of the sheriff and his deputy were conducted with the knowledge or by the procurement of the defendant, the trial court’s finding that the defendant had not violated the former Corrupt Practices Act was not erroneous. Riddle v. Eaton, 447 S.W.2d 47, 1969 Ky. LEXIS 63 ( Ky. 1969 ) (decided under prior law).

5. Time of Filing.

In an election contest, once the action was properly filed the Rules of Civil Procedure governed the time for filing an answer. Shackleford v. Barnette, 445 S.W.2d 449, 1969 Ky. LEXIS 166 ( Ky. 1969 ) (decided under prior law).

Opinions of Attorney General.

This section would prohibit an employe of a municipal housing commission from contributing to the candidacy of his employer. OAG 75-101.

This section would not prevent an employee of the county government, a department head in county government, an attorney who practices before the fiscal court, or a citizen of the county whose affairs are “supervised, regulated, or controlled in any manner” from contributing to the campaign of a candidate for county commissioner, since county officers and employes would not be under the candidate’s personal or individual direction or control if he is presently holding the office of commissioner, or if he assumes said office, as he is but one of four voting members of the fiscal court which of course includes the county judge. OAG 77-40 .

Since the property valuation administrator has the duty to assess most, if not all, property in the county pursuant to KRS 132.420 , a homeowner subject to such assessment would be prohibited from contributing to a candidate for said office. OAG 77-40 .

Since trial commissioners are appointed by the District Judge pursuant to KRS 24A.100 , a trial commissioner could contribute to the campaign of a county judge seeking reelection to the office of county judge/executive. OAG 77-598 .

Research References and Practice Aids

Kentucky Law Journal.

Note, PACS in Kentucky: Regulating the Permanent Committees, 76 Ky. L.J. 1011 (1987-88).

Underwood, Part-Time Prosecutors and Conflicts of Interest: A Survey and Some Proposals, 81 Ky. L.J. 1 (1993).

Notes, Campaign Finance Reform in Kentucky: The Race for Governor, 85 Ky. L.J. 723 (1996-97).

121.050. Publication of proclamations and writs by sheriff. [Repealed.]

Compiler’s Notes.

This section (1523-3: amend. Acts 1966, ch. 239, § 131) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.750 .

121.055. Candidates prohibited from making expenditure, loan, promise, agreement or contract as to action when elected, in consideration for vote.

No candidate for nomination or election to any state, county, city or district office shall expend, pay, promise, loan or become liable in any way for money or other thing of value, either directly or indirectly, to any person in consideration of the vote or financial or moral support of that person. No such candidate shall promise, agree or make a contract with any person to vote for or support any particular individual, thing or measure, in consideration for the vote or the financial or moral support of that person in any election, primary or nominating convention, and no person shall require that any candidate make such a promise, agreement or contract.

History. Enact. Acts 1974, ch. 130, § 182; 1980, ch. 292, § 3, effective July 15, 1980; 1984, ch. 111, § 68, effective July 13, 1984.

NOTES TO DECISIONS

1. In General.

Whether successful candidates in city primary under commission form of government had violated former similar section could not be determined in a suit by taxpayers and electors for a declaratory judgment as to legality of nominations. Dietz v. Zimmer, 231 Ky. 546 , 21 S.W.2d 999, 1929 Ky. LEXIS 329 ( Ky. 1929 ) (decided under prior law).

The names of particular voters were not of significance in a suit claiming a violation of former Corrupt Practices Act. Ragan v. Burnett, 305 S.W.2d 759, 1957 Ky. LEXIS 330 ( Ky. 1957 ) (decided under prior law).

2. Construction.

“Other thing of value” means property or something having an intrinsic value that may be measured in money, and does not include an office or position which has none of the qualities of property. Van Meter v. Burns, 176 Ky. 153 , 195 S.W. 470, 1917 Ky. LEXIS 41 ( Ky. 1917 ) (decided under prior law).

3. Application.

Former similar section did not apply to promises made by a candidate to the people at large. Owsley v. Hill, 210 Ky. 285 , 275 S.W. 797, 1925 Ky. LEXIS 661 ( Ky. 1925 ) (decided under prior law).

Former similar section did not apply to parties seeking appointment to an office from the fiscal court. Frost v. Johnston, 262 Ky. 592 , 90 S.W.2d 1045, 1936 Ky. LEXIS 82 ( Ky. 1936 ) (decided under prior law).

Former Corrupt Practices Act did not make it a violation for a policeman to run for the office of police judge. Strong v. Peters, 270 Ky. 323 , 109 S.W.2d 793, 1937 Ky. LEXIS 75 ( Ky. 1937 ) (decided under prior law).

The objects and purposes of former Corrupt Practices Act were as essential in the election of school officers as in the election of any other governmental officers. Norton v. Letton, 271 Ky. 353 , 111 S.W.2d 1053, 1937 Ky. LEXIS 242 ( Ky. 1937 ) (decided under prior law).

One violation of the former Corrupt Practices Act was sufficient to deprive one of the office to which he had been elected. Ward v. Salyer, 283 Ky. 294 , 140 S.W.2d 1016, 1940 Ky. LEXIS 305 ( Ky. 1940 ) (decided under prior law).

The former Corrupt Practices Act was applicable to county school board elections. Owen v. Brooks, 300 Ky. 743 , 190 S.W.2d 326, 1945 Ky. LEXIS 637 ( Ky. 1945 ) (decided under prior law).

4. Contract to Share Power.

A promise, in consideration of support, to appoint a person as an officer or deputy, did not violate former similar section. Van Meter v. Burns, 176 Ky. 153 , 195 S.W. 470, 1917 Ky. LEXIS 41 ( Ky. 191 7 ). See Graham v. Alliston, 180 Ky. 687 , 203 S.W. 563, 1918 Ky. LEXIS 134 ( Ky. 191 8 ); Hardin v. Horn, 184 Ky. 548 , 212 S.W. 573, 1919 Ky. LEXIS 105 ( Ky. 1919 ); Murrey v. Kirkman, 231 Ky. 191, 21 S.W.2d 240, 1929 Ky. LEXIS 237 ( Ky. 1929 ) (decided under prior law).

Fact that candidate for sheriff had made agreement with another, in consideration of support, that the other could name ten deputies, did not justify county court in refusing to approve appointment of deputies. Fox v. Petty, 235 Ky. 240 , 30 S.W.2d 945, 1930 Ky. LEXIS 330 ( Ky. 1930 ) (decided under prior law).

Contract pursuant to which one of candidates in primary withdrew in favor of another candidate and gave him his support in the general election, in consideration of promise to be given appointment as chief deputy and one-half of control and net proceeds of office, did not violate former similar section. Roberts v. Sturgill, 257 Ky. 194 , 77 S.W.2d 789, 1934 Ky. LEXIS 548 ( Ky. 1934 ) (decided under prior law).

Contract between nominees whereby a pending action under former Corrupt Practices Act was to be dismissed, and whereby the parties were to divide the fees and emoluments of the office, and jointly supervise the office, did not violate the former Corrupt Practices Act. Landrum v. Cockrill, 267 Ky. 397 , 102 S.W.2d 337, 1937 Ky. LEXIS 327 ( Ky. 1937 ) (decided under prior law).

5. Money.

Payment of money by candidate to his supporters, to “get out the vote,” and for the alleged purpose of compensating them for use of their automobile in contacting and hauling voters, was a violation of former similar section, where amounts paid were in excess of that needed for legitimate purposes, there was no definite agreement as to how the money should be spent, and a substantial portion of the money was actually used to buy votes. Prewitt v. Caudill, 250 Ky. 698 , 63 S.W.2d 954, 1933 Ky. LEXIS 778 ( Ky. 1933 ) (decided under prior law).

Where proof was that candidate for school board was given a package containing $200, by relative of candidate for school superintendent, but that nothing was said at the time the money changed hands, a violation of former similar section was sufficiently established. Horn v. Wells, 253 Ky. 494 , 69 S.W.2d 1011, 1934 Ky. LEXIS 695 ( Ky. 1934 ) (decided under prior law).

The use of money and whiskey to influence voters, with knowledge of candidate, violated former Corrupt Practices Act, and candidate benefiting by such violation would be denied office. Middleton v. Poer, 275 Ky. 401 , 121 S.W.2d 28, 1938 Ky. LEXIS 400 ( Ky. 1938 ) (decided under prior law).

Uncontradicted evidence that candidate offered money for votes showed a violation of former similar section. Brewer v. Compton, 276 Ky. 53 , 122 S.W.2d 1024, 1938 Ky. LEXIS 532 ( Ky. 1938 ) (decided under prior law).

6. Payments by Campaign Workers.

Payments and attempted payments to voters by workers on behalf of a candidate for Circuit Court clerk constituted a violation of this section. Jernigan v. Curtis, 622 S.W.2d 686, 1981 Ky. App. LEXIS 297 (Ky. Ct. App. 1981).

7. Promises to Voters.

Where salary of county attorney for coming term had not been fixed by fiscal court, candidate for such office who announced his willingness to accept salary less than that paid incumbent did not violate former similar section. Owsley v. Hill, 210 Ky. 285 , 275 S.W. 797, 1925 Ky. LEXIS 661 ( Ky. 1925 ) (decided under prior law).

Announcement by candidate for sheriff that he would personally pay the taxes of widows and orphans where the tax was less than $20 was a violation of former similar section. Walker v. Taylor, 230 Ky. 689 , 20 S.W.2d 727, 1929 Ky. LEXIS 163 ( Ky. 1929 ) (decided under prior law).

Promise by candidates for office of commissioner in city operating under commission form of government, that if elected they would donate a substantial portion of their salaries to pay the salary of a city manager, violated former similar section. Kluemper v. Zimmer, 240 Ky. 225 , 41 S.W.2d 1111, 1931 Ky. LEXIS 370 ( Ky. 1931 ) (decided under prior law).

Agreement by candidate, with voter, that if voter was prosecuted for voting candidate would contribute $100 towards his defense or fine, violated former similar section. Prewitt v. Caudill, 250 Ky. 698 , 63 S.W.2d 954, 1933 Ky. LEXIS 778 ( Ky. 1933 ) (decided under prior law).

Promise by candidate for county board of education to employ certain superintendent and bus drivers and to repair buildings, buying and distribution of ginger cakes at polls by candidate, and spending money wrongfully on candidate’s behalf by his kinsmen, did not violate former Corrupt Practices Act. Lewis v. Sizemore, 274 Ky. 58 , 118 S.W.2d 133, 1938 Ky. LEXIS 225 ( Ky. 1938 ) (decided under prior law).

Testimony that candidate for nomination as county attorney said in speech that he did not believe in indicting a man for picketing did not show promise to labor union members not to permit their indictment for conspiracy. May v. Runyon, 287 Ky. 725 , 155 S.W.2d 195, 1941 Ky. LEXIS 632 ( Ky. 1941 ) (decided under prior law).

Promise by candidate for tax commissioner “to visit each home and get their list” for the purpose of taking assessments did not violate former Corrupt Practices Act. Miniard v. Jones, 300 Ky. 544 , 189 S.W.2d 862, 1945 Ky. LEXIS 604 ( Ky. 1945 ) (decided under prior law).

Candidate’s promise that if elected, his people would receive surplus commodities “seven days a week, 365 days a year,” and also that he would “put butter on their bread” and furnish a warehouse to store commodities did not violate former similar section. Begley v. Wooton, 350 S.W.2d 497, 1961 Ky. LEXIS 110 ( Ky. 1961 ) (decided under prior law).

A promise to take a reduction in the salary set by law for an elective public office or an agreement to discharge the duties of the office gratis advanced by one to induce votes for his candidacy was so vicious in its tendency as to constitute a violation of the former Corrupt Practices Act. Sparks v. Boggs, 339 S.W.2d 480, 1960 Ky. LEXIS 472 ( Ky. 1960 ) (decided under prior law).

Where primary candidate for tax commissioner in his radio advertising promised voters not to tax farm equipment and livestock, since the promise offered to reduce pro tanto the taxes each individual must pay it thus made an offer to the voter of primary gain just as effectively as a promise to serve at reduced pay, if elected. Draughn v. Martin, 350 S.W.2d 161, 1961 Ky. LEXIS 88 ( Ky. 1961 ) (decided under prior law).

The First Amendment prohibits the state from declaring an election void under this section merely because the victorious candidate had pledged to the voters during his campaign that if elected he intended to work at a reduced salary, even where the promise could not be carried out since the salary for that office had already been fixed by law. Brown v. Hartlage, 456 U.S. 45, 102 S. Ct. 1523, 71 L. Ed. 2d 732, 1982 U.S. LEXIS 92 (U.S. 1982).

Where a candidate for the office of commissioner publicly pledged to lower the salaries of the commissioners if elected, and then later retracted that pledge upon learning that it might have violated this section, the candidate’s original promise was protected by the First Amendment because there was no constitutional basis upon which the candidate’s pledge to reduce his salary could have been equated with a candidate’s promise to pay voters for their support from his own pocketbook; moreover, even though the pledge was a factual misstatement, since the commissioner’s salaries for that term of office had already been fixed by law, the statement was protected by the First Amendment interest in a free and robust political debate. Brown v. Hartlage, 456 U.S. 45, 102 S. Ct. 1523, 71 L. Ed. 2d 732, 1982 U.S. LEXIS 92 (U.S. 1982).

8. Violations.

A candidate for alderman violated KRS 117.235 and this section by shaking hands with voters and making free food available to voters at ten (10) of fifteen (15) voting stations in his ward; as the candidate won by a mere eight (8) vote plurality, the election was set aside as possibly influenced or made unfair by the illegal electioneering. Ellis v. Meeks, 957 S.W.2d 213, 1997 Ky. LEXIS 101 ( Ky. 1997 ).

Decision to invalidate the election of a judge executive on the basis of vote-buying was reversed where circumstantial evidence only supported the invalidation of one vote, which was well short of the 27 votes the challenger needed to win the election. Hardin v. Montgomery, 495 S.W.3d 686, 2016 Ky. LEXIS 332 ( Ky. 2016 ).

9. Sanctions.

Where election was voided by Supreme Court for candidate’s violations of KRS 117.235 and KRS 121.055 , the trial court had jurisdiction to enforce the order by ordering candidate to vacate the office. Ellis v. Jasmin, 968 S.W.2d 669, 1998 Ky. LEXIS 91 ( Ky. 1998 ).

10. Helping Voters.

Evidence that candidate for justice of the peace was instrumental in procuring poor relief allowances for certain voters was not sufficient to deprive him of election. Hibbard v. Page, 230 Ky. 638 , 20 S.W.2d 475, 1929 Ky. LEXIS 149 ( Ky. 1929 ) (decided under prior law).

Bona fide gift by candidate to a voter did not violate former similar section even though candidate hoped that voter would vote for him. Murrey v. Kirkman, 231 Ky. 191 , 21 S.W.2d 240, 1929 Ky. LEXIS 237 ( Ky. 1929 ) (decided under prior law).

Where candidate had frequently given small amounts of money to certain family to help them out, his request, on giving them some money a few days before the election, that they remember that he was a friend and vote for him, did not violate former similar section. Scalf v. Pursifull, 250 Ky. 447 , 63 S.W.2d 504, 1933 Ky. LEXIS 719 ( Ky. 1933 ) (decided under prior law).

Contribution by candidate, several days prior to election, to a fund to purchase a wheel chair for an invalid, did not violate the former corrupt practices law, particularly since invalid did not vote and was of opposite political faith. Napier v. Witt, 300 Ky. 652 , 190 S.W.2d 33, 1945 Ky. LEXIS 629 ( Ky. 1945 ) (decided under prior law).

11. Bribery.

Payment of money by party committee to preachers, to secure their support and the support of their congregations for a certain candidate, was a violation of former similar section, but would not invalidate election of candidate in absence of proof that payment was made with his knowledge. Graham v. Alliston, 180 Ky. 687 , 203 S.W. 563, 1918 Ky. LEXIS 134 ( Ky. 1918 ) (decided under prior law).

Payment of money to voters to secure their support was a violation of former similar section, even though the amount paid was insignificant. Graham v. Alliston, 180 Ky. 687 , 203 S.W. 563, 1918 Ky. LEXIS 134 ( Ky. 1918 ). See Asher v. Broughton, 231 Ky. 165 , 21 S.W.2d 260, 1929 Ky. LEXIS 247 ( Ky. 1929 ) (decided under prior law).

Inference of vote-buying could not be indulged in where amount shown to have been spent did not exceed a sum that could reasonably have been spent for legitimate expenses. Wilson v. Smith, 230 Ky. 648 , 20 S.W.2d 472, 1929 Ky. LEXIS 147 (Ky. Ct. App. 1929) (decided under prior law).

As a contest proceeding is not a criminal proceeding vote-buying need not be proved beyond a reasonable doubt. Greene v. Cawood, 230 Ky. 823 , 20 S.W.2d 984, 1929 Ky. LEXIS 180 ( Ky. 1929 ) (decided under prior law).

Evidence that candidate, a few days before election, gave young man a dollar and said, “think of me on the day of election,” was not sufficient, standing alone, to deprive candidate of election. Asher v. Broughton, 231 Ky. 165 , 21 S.W.2d 260, 1929 Ky. LEXIS 247 ( Ky. 1929 ) (decided under prior law).

Evidence that candidate requested person to find out how much money would be necessary to buy controlling votes in certain precinct was not sufficient to establish violation of former similar section, where such person declined the request and there was no evidence of actual vote-buying. Murrey v. Kirkman, 231 Ky. 191 , 21 S.W.2d 240, 1929 Ky. LEXIS 237 ( Ky. 1929 ) (decided under prior law).

The fact that a candidate who was in the garage business gave a young man a junked car several weeks before the election, which the young man repaired and placed in running condition, did not establish a violation of former similar section, although the candidate subsequently asked the young man to vote for him and to carry workers to the polls for him, and took a mortgage on the car after the election. Murrey v. Kirkman, 231 Ky. 191 , 21 S.W.2d 240, 1929 Ky. LEXIS 237 ( Ky. 1929 ) (decided under prior law).

Chartering a theater and putting on a free show at which candidate presented his claims to the voters did not constitute a violation of former similar section. Bargo v. Tedders, 254 Ky. 341 , 71 S.W.2d 660, 1934 Ky. LEXIS 82 ( Ky. 1934 ) (decided under prior law).

12. Employment.

The employment of persons to distribute a candidate’s cards or handbills did not violate former similar section, if the number and compensation of such persons was reasonable for the purpose. Van Meter v. Burns, 176 Ky. 153 , 195 S.W. 470, 1917 Ky. LEXIS 41 ( Ky. 1917 ) (decided under prior law).

Hiring of persons to haul voters to polls did not violate former similar section, if the number hired and amount of compensation was reasonable for the purpose. Van Meter v. Burns, 176 Ky. 153 , 195 S.W. 470, 1917 Ky. LEXIS 41 ( Ky. 191 7 ). See Murrey v. Kirkman, 231 Ky. 191 , 21 S.W.2d 240, 1929 Ky. LEXIS 237 ( Ky. 1929 ); Combs v. Brock, 240 Ky. 655 , 42 S.W.2d 895, 1931 Ky. LEXIS 460 ( Ky. 1931 ); Hogg v. Combs, 250 Ky. 400 , 63 S.W.2d 465, 1933 Ky. LEXIS 701 ( Ky. 1933 ) (decided under prior law).

If number or compensation of persons employed is so disproportionate to the service required as to justify the conclusion that the persons were not employed in good faith to perform the service, but that the pretended employment was for purpose of securing their votes or influence, the employment will be held to be a violation of the statute. Van Meter v. Burns, 176 Ky. 153 , 195 S.W. 470, 1917 Ky. LEXIS 41 ( Ky. 1917 ) (decided under prior law).

Employment of precinct workers to bring persons to polls, keep check lists of voters, hand out cards, and solicit votes, is not illegal so long as the persons employed confine themselves to such work and the number of workers and amounts paid them are reasonable for the purpose. Asher v. Broughton, 231 Ky. 165 , 21 S.W.2d 260, 1929 Ky. LEXIS 247 ( Ky. 1929 ) (decided under prior law).

Employment of challengers is not illegal. Asher v. Broughton, 231 Ky. 165 , 21 S.W.2d 260, 1929 Ky. LEXIS 247 ( Ky. 1929 ) (decided under prior law).

Payment of small amounts of money for automobile hire, and to compensate a worker to ride over precinct counteracting false rumor as to candidate’s withdrawal, was not a violation of former similar section. Dempsey v. Cassady, 250 Ky. 810 , 64 S.W.2d 161, 1933 Ky. LEXIS 790 ( Ky. 1933 ) (decided under prior law).

Payment of money to a worker to secure his services in hauling voters to the polls did not violate the former corrupt practices law. Napier v. Witt, 300 Ky. 652 , 190 S.W.2d 33, 1945 Ky. LEXIS 629 ( Ky. 1945 ) (decided under prior law).

13. Support of Government Employees.

Statement by candidate for county attorney, to postmistress, that if he was elected his recommendation for her reappointment could carry more weight, was not a violation of former similar section. Baker v. Colson, 210 Ky. 277 , 275 S.W. 879, 1925 Ky. LEXIS 659 ( Ky. 1925 ) (decided under prior law).

The allegation that a deputy went to Florida for the national sheriff’s convention shortly after the primary election and received expense money was not sufficient to show a violation of former statute, for it was mere speculation to hold that the trip was promised as part of an election deal. Riddle v. Eaton, 447 S.W.2d 47, 1969 Ky. LEXIS 63 ( Ky. 1969 ) (decided under prior law).

14. Knowledge.

Evidence that candidate did not know of payments at time they were made, and upon later learning of the payments demanded that the amount of the payments be deducted from his share of the committee expenses, justified finding that he was not responsible for violation. Graham v. Alliston, 180 Ky. 687 , 203 S.W. 563, 1918 Ky. LEXIS 134 ( Ky. 1918 ) (decided under prior law).

A candidate is not chargeable with vote-buying done without his knowledge or consent. Hardin v. Horn, 184 Ky. 548 , 212 S.W. 573, 1919 Ky. LEXIS 105 ( Ky. 1919 ). See Scalf v. Pursifull, 250 Ky. 447 , 63 S.W.2d 504, 1933 Ky. LEXIS 719 ( Ky. 1933 ) (decided under prior law).

Candidate is responsible for vote-buying by others on his behalf if there is substantial evidence that he had knowledge of their acts, or if the circumstances are such that it may be inferred that he had such knowledge. Asher v. Broughton, 231 Ky. 165 , 21 S.W.2d 260, 1929 Ky. LEXIS 247 ( Ky. 1929 ) (decided under prior law).

Guilty knowledge may be shown by circumstances, but the circumstances must be such as to connect the candidate with the unlawful act. Murrey v. Kirkman, 231 Ky. 191 , 21 S.W.2d 240, 1929 Ky. LEXIS 237 ( Ky. 1929 ) (decided under prior law).

Fact that certain vote-buyers were known to be supporters of candidate was not sufficient to establish candidate’s knowledge or participation, where it was shown that the vote-buyers were also supporting other candidates. Murrey v. Kirkman, 231 Ky. 191 , 21 S.W.2d 240, 1929 Ky. LEXIS 237 ( Ky. 1929 ) (decided under prior law).

Proof that person who asked another to take a substantial sum of money to a certain precinct was engaged in business with candidate and had joint bank account with him was not sufficient to establish agency such as would make candidate responsible for vote-buying by such person. Murrey v. Kirkman, 231 Ky. 191 , 21 S.W.2d 240, 1929 Ky. LEXIS 237 ( Ky. 1929 ) (decided under prior law).

Where amount of money used to buy votes in election was small, candidate was not charged with knowledge that vote-buying was going on. Lovely v. Cockrell, 237 Ky. 547 , 35 S.W.2d 891, 1931 Ky. LEXIS 639 ( Ky. 1931 ) (decided under prior law).

Bribery by the candidate or by others with his knowledge may be proved by circumstances, and guilty knowledge may be inferred, but the evidence must transcend mere suspicion and there must be reasonable inference of guilty knowledge. Lovely v. Cockrell, 237 Ky. 547 , 35 S.W.2d 891, 1931 Ky. LEXIS 639 ( Ky. 1931 ). See Hogg v. Combs, 250 Ky. 400 , 63 S.W.2d 465, 1933 Ky. LEXIS 701 ( Ky. 1933 ) (decided under prior law).

Candidate’s denial of knowledge of vote-buying was rejected where vote-buying was so widespread and open that candidate could not have been ignorant of it. Mounts v. Hatfield, 250 Ky. 727 , 63 S.W.2d 928, 1933 Ky. LEXIS 766 ( Ky. 1933 ) (decided under prior law).

Evidence of the actions and conduct of the workers, their private meetings with the candidate, their association with him or relationship to him, and their reputations of engaging in corrupt practices in previous elections, as well as their conduct on the day of election, and also evidence of the actions and conduct of the candidate before and on the day of election, and his reputation of engaging in corrupt practices, are competent in determining whether candidate had knowledge of bribery by the workers on his behalf. Howard v. Whittaker, 250 Ky. 836 , 64 S.W.2d 173, 1933 Ky. LEXIS 793 ( Ky. 1933 ) (decided under prior law).

The sporadic, spontaneous spending of money by friends, relatives or partisans of a candidate, without an opportunity for him to obtain knowledge, is quite different from the expending of money for him by organized workers, according to a smooth-working scheme. Howard v. Whittaker, 250 Ky. 836 , 64 S.W.2d 173, 1933 Ky. LEXIS 793 ( Ky. 1933 ) (decided under prior law).

Former Corrupt Practices Act did not find a candidate liable by the doctrine of imputed knowledge; actual knowledge of illegal acts is essential. Dyche v. Scoville, 270 Ky. 196 , 109 S.W.2d 581, 1937 Ky. LEXIS 50 ( Ky. 1937 ) (decided under prior law).

Actual knowledge by the candidate of the illegal acts of another in his behalf was an indispensable element to establish a violation of former Corrupt Practices Act and actual knowledge cannot be inferred from merely suspicious circumstances of a vague character. Dyche v. Scoville, 270 Ky. 196 , 109 S.W.2d 581, 1937 Ky. LEXIS 50 ( Ky. 1937 ) (decided under prior law).

Former Corrupt Practices Act did not permit the courts to infer a knowledge on the part of a candidate from evidence showing that he was aware of certain facts and circumstances. Turner v. Linton, 270 Ky. 297 , 109 S.W.2d 642, 1937 Ky. LEXIS 72 ( Ky. 1937 ) (decided under prior law).

While knowledge of misconduct may often be inferred from the circumstances, a candidate will not be held responsible for the zeal of his supporters leading to improper conduct unless it can be shown that he authorized or ratified their action. Lewis v. Sizemore, 274 Ky. 58 , 118 S.W.2d 133, 1938 Ky. LEXIS 225 ( Ky. 1938 ) (decided under prior law).

Candidate’s knowledge of misconduct by supporters and relatives may be inferred from circumstances, but the candidate is not liable for such fraudulent actions unless he authorized or ratified them. Wheeler v. Marshall, 280 Ky. 55 , 132 S.W.2d 519, 1939 Ky. LEXIS 58 ( Ky. 1939 ) (decided under prior law).

Corrupt act of election workers cannot be imputed to a candidate from the mere act itself. Wheeler v. Marshall, 280 Ky. 55 , 132 S.W.2d 519, 1939 Ky. LEXIS 58 ( Ky. 1939 ) (decided under prior law).

Evidence that certain candidates for nomination including contestee had raised pool of money, without positive or direct evidence that contestee had knowledge of unlawful use of such money, created only suspicion of knowledge on contestee’s part insufficient to deprive him of nomination, where evidence did not disclose whether money was to be used for vote-buying or for legitimate campaign purposes. Veal v. Thompson, 287 Ky. 742 , 155 S.W.2d 214, 1941 Ky. LEXIS 638 ( Ky. 1941 ) (decided under prior law).

Evidence that chain ballot was used in one precinct, apparently as voluntary act of supporters of contestee without showing that he had knowledge of it, was insufficient to show his violation of former Corrupt Practices Act. Veal v. Thompson, 287 Ky. 742 , 155 S.W.2d 214, 1941 Ky. LEXIS 638 ( Ky. 1941 ) (decided under prior law).

Evidence that certain persons had bought votes for candidate was properly stricken out, there being nothing to show that it was with his knowledge or authority. Osborne v. Helton, 287 Ky. 730 , 155 S.W.2d 218, 1941 Ky. LEXIS 639 ( Ky. 1941 ) (decided under prior law).

Knowledge of misconduct may be inferred from the circumstances, but in the absence of proof that corrupt conduct was authorized or ratified by the candidate, he is not liable for such conduct on the part of his relatives or supporters. Gearheart v. Hill, 288 Ky. 12 , 155 S.W.2d 498, 1941 Ky. LEXIS 56 ( Ky. 1941 ) (decided under prior law).

Evidence that some of workers for certain candidates used whiskey and money on day of election to secure votes did not establish violation of former Corrupt Practices Act, where there was no evidence that the candidates participated in such practices or that any illegal acts were done with the candidates’ knowledge, direction, consent or acquiescence. Napier v. Witt, 300 Ky. 652 , 190 S.W.2d 33, 1945 Ky. LEXIS 629 ( Ky. 1945 ) (decided under prior law).

15. — Evidence.

In order to establish that candidate was guilty of vote-buying there must be evidence creating more than a suspicion, but a violation may be established by circumstantial evidence. Proof of circumstances from which guilt may logically and reasonably be inferred is sufficient. Charles v. Flanary, 192 Ky. 511 , 233 S.W. 904, 1921 Ky. LEXIS 88 ( Ky. 1921 ). See Asher v. Broughton, 231 Ky. 165 , 21 S.W.2d 260, 1929 Ky. LEXIS 247 ( Ky. 1929 ) (decided under prior law).

Evidence that candidate saw his campaign manager with money and knew that he had furnished the money and knew that it was being prepared for election day and knew that other money had been used for the same purpose was sufficient to establish that candidate participated in vote-buying and had knowledge of vote-buying by others on his behalf. Charles v. Flanary, 192 Ky. 511 , 233 S.W. 904, 1921 Ky. LEXIS 88 ( Ky. 1921 ). See Hibbard v. Page, 230 Ky. 638 , 20 S.W.2d 475, 1929 Ky. LEXIS 149 ( Ky. 1929 ); Booher v. Smith, 230 Ky. 643 , 20 S.W.2d 477, 1929 Ky. LEXIS 150 ( Ky. 1929 ); Broughton v. Ridings, 247 Ky. 722 , 57 S.W.2d 672, 1933 Ky. LEXIS 449 ( Ky. 1933 ) (decided under prior law).

Testimony of several witnesses that candidate bought their votes was not sufficient to establish violation of former similar section as ground of contest, where such witnesses were successfully impeached. Baker v. Colson, 210 Ky. 277 , 275 S.W. 879, 1925 Ky. LEXIS 659 ( Ky. 1925 ) (decided under prior law).

Statement by candidate, to friend, that he was buying as many votes as he could, was not sufficient to establish violation where it appeared that statement was intended as a joke. Wilson v. Smith, 230 Ky. 648 , 20 S.W.2d 472, 1929 Ky. LEXIS 147 (Ky. Ct. App. 1929) (decided under prior law).

Evidence held insufficient to charge candidate with responsibility for vote-buying by another on his behalf, although there was proof that such person had held conferences with candidate’s son. Asher v. Broughton, 231 Ky. 165 , 21 S.W.2d 260, 1929 Ky. LEXIS 247 ( Ky. 1929 ) (decided under prior law).

There must be substantial proof of violation before election will be held void; mere surmises, conjectures and speculations based on suspicious circumstances are not enough. Asher v. Broughton, 231 Ky. 165 , 21 S.W.2d 260, 1929 Ky. LEXIS 247 ( Ky. 1929 ) (decided under prior law).

Evidence indicating intention of candidate to violate former similar section was insufficient in absence of showing that intent was carried out. Murrey v. Kirkman, 231 Ky. 191 , 21 S.W.2d 240, 1929 Ky. LEXIS 237 ( Ky. 1929 ) (decided under prior law).

Contradicted and uncorroborated testimony of two discredited witnesses that candidate bought their votes was not sufficient to establish candidate’s guilt. Phillips v. Langford, 250 Ky. 578 , 63 S.W.2d 782, 1933 Ky. LEXIS 746 ( Ky. 1933 ) (decided under prior law).

Evidence as to acts, conduct and statements of candidate before the day of election were admissible to show his intent, motive and willingness to violate former similar section, although such evidence did not show any actual violations. Howard v. Whittaker, 250 Ky. 836 , 64 S.W.2d 173, 1933 Ky. LEXIS 793 ( Ky. 1933 ) (decided under prior law).

Conspiracy between candidate for nomination as county attorney and operators of gambling devices and slot machines to give them immunity in return for their support was not shown by evidence that there were number of such places in county to candidate’s knowledge and some of their proprietors supported his candidacy. May v. Runyon, 287 Ky. 725 , 155 S.W.2d 195, 1941 Ky. LEXIS 632 ( Ky. 1941 ) (decided under prior law).

16. — — Compelling Production.

Candidate could not be compelled to produce all checks drawn by him for a period preceding the election, where there was no showing as to what the checks would have disclosed. Wilson v. Smith, 230 Ky. 648 , 20 S.W.2d 472, 1929 Ky. LEXIS 147 (Ky. Ct. App. 1929) (decided under prior law).

17. Contest.

Although not claiming to have been elected himself, a defeated candidate could contest the election of his opponent on the ground that he had violated former Corrupt Practices Act could not be determined in a suit brought by taxpayers and electors. Sparks v. Boggs, 339 S.W.2d 480, 1960 Ky. LEXIS 472 ( Ky. 1960 ) (decided under prior law).

The question of whether a successful candidate had violated former Corrupt Practices Act could not be determined in a suit brought by taxpayers and electors. Sparks v. Boggs, 339 S.W.2d 480, 1960 Ky. LEXIS 472 ( Ky. 1960 ) (decided under prior law).

Cited:

Naegele Outdoor Advertising Co., Div. of Naegele, Inc. v. Moulton, 773 F.2d 692, 1985 U.S. App. LEXIS 23280 (6th Cir. 1985), cert. denied, 475 U.S. 1121, 106 S. Ct. 1639, 90 L. Ed. 2d 184, 1986 U.S. LEXIS 1890 (1986).

Opinions of Attorney General.

If a candidate had run on a platform of salary reduction which salary had not been fixed before his election, or if he had run for a salary reduction for a term following his own, there would be no violation of this section. OAG 79-562 .

A general statement by a candidate made in good faith that he will accept a salary less than that fixed by law would not violate this section. OAG 83-435 .

Research References and Practice Aids

Kentucky Law Journal.

Comments, Freedom of Speech: The Case of the “Corrupt” Campaign Promise, 70 Ky. L.J. 203 (1982).

Notes, Campaign Finance Reform in Kentucky: The Race for Governor, 85 Ky. L.J. 723 (1996-97).

Northern Kentucky Law Review.

Weber and Felts, The Strange Case of The RecklessPromise: Reflections on Brown v. Hartlage, 10 N. Ky. L. Rev. 227 (1983).

ALR

Treating of voters by candidate for office as violation of corrupt practices or similar act. 2 A.L.R. 402.

121.056. Restrictions upon specified campaign contributors.

  1. No person who contributes more than the maximum legal contribution established by KRS 121.150 in any one (1) election to a slate of candidates for Governor and Lieutenant Governor that is elected to office shall hold any appointive state office or position, which shall be made by gubernatorial appointment, during the term of office following the campaign in which the contribution shall be made.
  2. No person who has contributed more than the maximum legal contribution established by KRS 121.150 in any one (1) election to a slate of candidates for Governor and Lieutenant Governor that is elected to office or any entity in which such a person has a substantial interest shall have any contract with the Commonwealth of Kentucky during the term of office following the campaign in which the contributions shall be made unless the contract shall be attained by competitive bidding and the person or entity shall have the lowest and best bid.
    1. “Substantial interest” means the person making the contribution owns or controls ten percent (10%) or more of an entity or a member of the person’s immediate family owns or controls ten percent (10%) of the entity or the person and his immediate family together own or control ten percent (10%) or more of the entity.
    2. “Immediate family” means the spouse of the person, the parent of the person or spouse, or the child of the person or spouse.
  3. No person shall give or conspire to contribute money or property to any other person for the purpose of making a campaign contribution, in violation of this section. The restrictions established by subsections (1) and (2) of this section to a person who shall contribute in excess of the maximum legal contribution established by KRS 121.150 in any one (1) election as provided by those subsections, shall apply to a person who makes a total contribution in excess of the maximum legal contribution established by KRS 121.150 in any one (1) election to a slate of candidates for Governor and Lieutenant Governor that is elected to office as provided by this subsection.

History. Enact. Acts 1988, ch. 118, § 1; 1991; 1992, ch. 288, § 24, effective July 14, 1992; 2005, ch. 105, § 3, effective March 16, 2005.

Compiler’s Notes.

This section becomes effective with the term of office of the Governor elected at the November 1995 election.

KRS 121.150 as amended in 1992 stated that the maximum amount that any person may contribute to any one candidate in any one election is $500.

Section 63 of Acts 1992, ch. 288, provides: “The provisions of Sections 16 [KRS 121.330 ] and 24 [KRS 121.056 ] of this Act shall first apply to any appointment to any state office or position made by gubernatorial appointment, lease or any contract with the Commonwealth awarded during the term of office of the Governor elected at the November 1995 election. Any restriction on the receipt of an appointment or contract by the provisions of KRS 121.056 as it existed prior to is amendment by Section 24 of this Act shall remain operative for the term of office of the Governor elected at the November 1991 election.”

NOTES TO DECISIONS

1. Constitutionality.

State Supreme Court rejected a constitutional challenge to KRS 121.015(6) and KRS 121.150(1) that was brought by defendants who were charged with violating Kentucky’s Campaign Finance Regulation Act, KRS ch. 121, and Kentucky’s Public Financing Campaign Act, KRS ch. 121A, by working illegally on a candidate’s 1995 gubernatorial campaign and/or by soliciting and obtaining an illegal gubernatorial appointment. Martin v. Commonwealth, 96 S.W.3d 38, 2003 Ky. LEXIS 8 (Ky.), cert. denied, 539 U.S. 928, 123 S. Ct. 2586, 156 L. Ed. 2d 605, 2003 U.S. LEXIS 4633 (U.S. 2003).

121.060. Nominations by political parties of candidates for special elections. [Repealed.]

Compiler’s Notes.

This section (1550-3) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.760 .

121.065. Limitation of political advertising rates — Injunction.

  1. No  publisher of newspapers, magazines, handbills, or other printed matter, owner  or lessor of billboards, radio or television station or network, or any other  person, company, corporation, or organization offering its communications  services for hire to the public shall be permitted to charge fees for political  advertising in excess of the lowest rate charged to other advertisers at the  time the political advertising is purchased.
  2. Political  advertising means any communication intended to support or defeat a candidate  for public office.
  3. An  action to enjoin violations of this section shall be in the Circuit Court  of the county where the complaining candidate resides.

History. Enact. Acts 1974, ch. 130, § 183; 1994, ch. 458, § 4, effective July 15, 1994.

121.070. Petitions, certificates of nomination for General Assembly, congressional vacancies. [Repealed.]

Compiler’s Notes.

This section (1457: amend. Acts 1972, ch. 188, § 66) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 118.770 .

Registry of Election Finance

121.100. Applicability of statutes. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 184; 1976, ch. 247, § 14; 1978, ch. 5, § 1, effective June 17, 1978; 1978, ch. 221, § 1, effective June 17, 1978; 1984, ch. 376, § 3, effective July 13, 1984) was repealed by Acts 1986, ch. 100, § 11, effective July 15, 1986.

121.110. Registry of Election Finance — Membership — Terms — Meetings — Compensation.

  1. There  is hereby created as an independent agency of state government a Kentucky  Registry of Election Finance. The registry shall be composed of seven (7)  members appointed as provided herein. The registry shall remain independent  of any other agency or department of state government. Members shall be at  least twenty-five (25) years of age, registered voters in Kentucky, not announced  candidates for public office, not officers of a political party’s state central  executive committee, shall not have been convicted of an election offense,  and shall be persons of high ethical standards who have an active interest  in promoting fair elections. Appointees shall be subject to Senate confirmation  at the next regular session of the General Assembly following appointment,  or at the next special session if included in the Governor’s call. Appointees  shall have full power to serve until any vote of nonconfirmation.
  2. Members  of the registry shall be selected as follows:
    1. One  (1) member shall be appointed by the Governor from a list of three (3) nominees  submitted by the state central committee of the political party polling the  largest vote at the last gubernatorial election.
    2. One  (1) member shall be appointed by the Governor from a list of three (3) nominees  submitted by the state central committee of the political party polling the  second largest vote at the last gubernatorial election. The members appointed  pursuant to subsections (a) and (b) of this section shall take office on August  15, 1990, for a term of one (1) year and their successors shall serve a term  of four (4) years beginning August 15, 1991, or until their successors are  appointed and qualified.
    3. Two  (2) other members shall be appointed by the Governor. Before making these  appointments, the Governor shall solicit nominations from at least two (2)  organizations which have demonstrated a nonpartisan interest in fair elections  and informed voting. The Governor’s solicitations and the replies shall be  public records. The Governor shall give due consideration to such nominations.  The two (2) members appointed pursuant to this subsection shall be one (1)  from each of the two (2) political parties which polled the greatest number  of votes at the last gubernatorial election. Members appointed pursuant to  this subsection shall take office on August 15, 1988, for a term of four (4)  years or until their successors are appointed and qualified and their successors  shall serve a term of four (4) years.
    4. One  (1) member shall be appointed by the Auditor of Public Accounts after soliciting  nominations as provided by subsection (c) of this section. The appointee shall  be a member of one (1) of the two (2) political parties which polled the greatest  number of votes at the last gubernatorial election. The member appointed pursuant  to this subsection shall take office on August 15, 1997, for a term of four  (4) years or until his successor is appointed and qualified and his successors  shall serve a term of four (4) years.
    5. One  (1) member shall be appointed by the Attorney General after soliciting nominations  as provided by subsection (c) of this section. The appointee shall not be  a member of the same political party as the person appointed by the Auditor  of Public Accounts pursuant to subsection (d) of this section. The member  appointed pursuant to this subsection shall take office on August 15, 1990,  for a term of four (4) years or until his successor is appointed and qualified  and his successors shall serve a term of four (4) years.
    6. One  (1) member shall be appointed by the Secretary of State after soliciting nominations  as provided by subsection (c) of this section. The Secretary of State’s appointment  shall be without regard to political affiliation. The member appointed pursuant  to this subsection shall take office on August 15, 1990, for a term of three  (3) years or until his successor is appointed and qualified and his successors  shall serve a term of four (4) years.
  3. The  members of the registry shall select a chairman from among the appointed membership,  effective August 15, 1990. The chairman shall serve in that capacity for one  (1) year and shall be eligible for reelection. The chairman shall preside  at all meetings and shall have all the powers and privileges of the other  members.
  4. In  the event of a vacancy in the office of any member, the vacancy shall be filled  in the same manner as the vacating member’s office was filled pursuant to  subsection (2) of this section.
  5. The  registry shall fix the place and time of its regular meetings by order duly  recorded in its minutes. No action shall be taken without a quorum present.  Special meetings shall be called by the chairman on his own initiative or  on the written request of three (3) members. Members shall receive seven (7)  days’ written notice of a special meeting and the notice shall specify the  purpose, time and place of the meeting, and no other matters may be considered,  without a specific waiver by all the members.
  6. The  members of the registry shall receive sixty-five dollars ($65) per diem, and  shall be reimbursed for all reasonable and necessary expenses.

History. Enact. Acts 1974, ch. 130, § 185; 1978, ch. 154, § 5, effective June 17, 1978; 1988, ch. 341, § 40, effective July 15, 1988; 1994, ch. 458, § 5, effective July 15, 1994.

Compiler’s Notes.

Section 20 of Acts 1994, ch. 245 provides that: “The amendment to KRS 121.110 contained in Section 5 of this Act shall not operate to terminate the term of the existing appointment by the Lieutenant Governor. The successor to the existing board member appointed by the Lieutenant Governor shall be governed by the provisions of the amendment to KRS 121.110 contained in Section 5 of this Act.”

Research References and Practice Aids

Kentucky Law Journal.

Note, PACS in Kentucky: Regulating the Permanent Committees, 76 Ky. L.J. 1011 (1987-88).

Notes, Campaign Finance Reform in Kentucky: The Race For Governor, 85 Ky. L.J. 723 (1996-97).

121.120. Duties and powers of registry — Appointment of certain employees — Electronic reporting system — Mandatory electronic reporting of campaign finance reports.

  1. The registry may:
    1. Require by special or general orders, any person to submit, under oath, any written reports and answers to questions as the registry may prescribe;
    2. Administer oaths or affirmations;
    3. Require by subpoena, signed by the chair, the attendance and testimony of witnesses and the production of all documentary evidence, excluding individual and business income tax records, relating to the execution of its duties;
    4. In any proceeding or investigation, to order testimony to be taken by deposition before any person who is designated by the registry and has the power to administer oaths and, in those instances, to compel testimony and the production of evidence in the same manner as authorized under paragraph (c) of this subsection;
    5. Initiate, through civil actions for injunctive, declaratory, or other appropriate relief, defend, or appeal any civil action in the name of the registry to enforce the provisions of this chapter through its legal counsel;
    6. Render advisory opinions under KRS 121.135 ;
    7. Promulgate administrative regulations necessary to carry out the provisions of this chapter;
    8. Conduct investigations and hearings expeditiously, to encourage voluntary compliance, and report apparent campaign finance law violations to the appropriate law enforcement authorities;
    9. Petition any court of competent jurisdiction to issue an order requiring compliance with an order or subpoena issued by the registry. Any failure to obey the order of the court may be punished by the court as contempt; and
    10. Conduct random audits of receipts and expenditures of committees which have filed registration papers with the registry pursuant to KRS 121.170 .
  2. No person shall be subject to civil liability to any person other than the registry or the Commonwealth for disclosing information at the request of the registry.
  3. The registry may appoint a full-time executive director, legal counsel, and an accountant for auditing purposes, all of whom shall serve at the pleasure of the registry. The registry may also appoint such other employees as are necessary to carry out the purposes of this chapter. All requests for personnel appointments shall be forwarded by the registry directly to the secretary of the Personnel Cabinet and shall be subject to the secretary’s review and certification only.
  4. The registry shall adopt official forms and perform other duties necessary to implement the provisions of this chapter. The registry shall not require the listing of a person’s Social Security number on any form developed by the registry. Without limiting the generality of the foregoing, the registry shall:
    1. Develop prescribed forms for the making of the required reports;
    2. Prepare and publish a manual for all candidates, slates of candidates, contributing organizations, and committees, describing the requirements of the law, including uniform methods of bookkeeping and reporting, requirements as to reporting dates, and the length of time that candidates, slates of candidates, contributing organizations, and committees are required to keep any records pursuant to the provisions of this chapter;
    3. Develop a filing, coding, and cross-indexing system;
    4. Make each report filed available for public inspection and copying during regular office hours at the expense of any person requesting copies of them;
    5. Preserve all reports for at least six (6) years from the date of receipt. Duly certified reports shall be admissible as evidence in any court in the Commonwealth;
    6. Prepare and make available for public inspection a summary of all reports grouped according to candidates, slates of candidates, committees, contributing organizations, and parties containing the total receipts and expenditures; and
      1. For each contribution made by a permanent committee of any amount to a candidate or slate of candidates, the date, name, and business address of the permanent committee, the amount contributed, and a description of the major business, social, or political interest represented by the permanent committee;
      2. For each contribution in excess of one hundred dollars ($100) made to a candidate or slate of candidates for a statewide-elected state office, or to a campaign committee for a candidate or slate of candidates for a statewide-elected state office, the date, name, address, occupation, and employer of each contributor and the spouse of the contributor or, if the contributor or spouse of the contributor is self-employed, the name under which the contributor is doing business, and the amount contributed by each contributor, listed alphabetically; and
      3. For each contribution in excess of one hundred dollars ($100) made to any candidate or campaign committee other than those specified in subparagraph 2., the date, name, address, occupation, and employer of each other contributor or, if the contributor is self-employed, the name under which the contributor is doing business, and the amount contributed by each contributor, listed alphabetically;
    7. Prepare and publish an annual report with cumulative compilations named in paragraph (f) of this subsection;
    8. Distribute upon request, for a nominal fee, copies of all summaries and reports;
    9. Determine whether the required reports have been filed and if so, whether they conform with the requirements of this chapter; give notice to delinquents to correct or explain defections; issue an order, if appropriate, as provided in KRS 121.140 ; and make public the fact that a violation has occurred and the nature thereof;
    10. Conduct random audits of receipts and expenditures of candidates running for city, county, urban-county government, charter county government, consolidated local government, unified local government, and district offices. When the registry audits the records of any selected candidate, it shall also audit the records of all other candidates running for the same office in the selected city, county, urban-county government, charter county government, consolidated local government, unified local government, or district office;
    11. Conduct audits of receipts and expenditures of all candidates or slates of candidates running for statewide office;
    12. Require that candidates and slates of candidates shall maintain their records for a period of six (6) years from the date of the regular election in their respective political races;
    13. Initiate investigations and make investigations with respect to reports upon complaint by any person and initiate proceedings on its own motion; and
    14. Forward to the Attorney General or the appropriate Commonwealth’s or county attorney any violations of this chapter which may become the subject of civil or criminal prosecution.
  5. All policy and enforcement decisions concerning the regulation of campaign finance shall be the ultimate responsibility of the registry. No appointed or elected state officeholder or any other person shall, directly or indirectly, attempt to secure or create privileges, exemptions, or advantages for himself, herself, or others in derogation of the public interest at large in a manner that seeks to leave any registry member or employee charged with the enforcement of the campaign finance laws no alternative but to comply with the wishes of the officeholder or person. Registry members and employees shall be free of obligation or the appearance of obligation to any interest other than the fair and efficient enforcement of the campaign finance laws and administrative regulations. It shall not be considered a violation of this subsection for an officeholder or other person to seek remedies in a court of law to any policy or enforcement decision he or she considers to be an abridgement of his or her legal rights.
  6. If adequate and appropriate agency funds are available, the registry shall:
    1. Develop or acquire a system for electronic reporting for use by individuals and entities required to file campaign finance reports with the registry under this chapter. The registry shall promulgate administrative regulations under KRS Chapter 13A which provide for a nonproprietary standardized format or formats, using industry standards, for the transmission of data required under this chapter;
    2. Accept test files from software vendors and persons wishing to file reports electronically for the purpose of determining whether the file format complies with the nonproprietary standardized format developed under paragraph (a) of this subsection and is compatible with the registry’s system for receiving the data;
    3. Make all reports filed with the registry pertaining to candidates for the General Assembly and statewide office available on the Internet free of charge, in an easily understood format that allows the public to browse, search, and download the data contained in the reports by each of the reporting categories required by this chapter, including but not limited to:
      1. The name of each candidate or committee;
      2. The office sought by each candidate;
      3. The name of each contributor;
      4. The address of each contributor;
      5. The employer or business occupation of each contributor, or if the contributor is a permanent committee, a description of the major business, social, or political interest represented by the permanent committee;
      6. The date of each contribution; and
      7. The amount of each contribution;
    4. Make all data specified in paragraph (c) of this subsection available on the Internet no later than ten (10) business days after its receipt by the registry. If a contribution or expenditure report is filed late with the registry, that data shall be made available on the Internet within twenty-four (24) hours of the registry’s receipt of the data;
    5. Make filer-side software available free of charge to all individuals or entities subject to the reporting requirements of this chapter;
    6. Establish a training program on the electronic reporting program and make it available free of charge to all individuals and entities subject to the reporting requirements of this chapter;
    7. Maintain all campaign finance data pertaining to legislative and statewide candidates on-line for twenty (20) years after the date the report containing the data is filed, and then archive the data in a secure format;
    8. Require candidates and slates of candidates running for statewide office, and campaign committees of candidates and slates of candidates registered to run for statewide office, beginning with elections scheduled in 2015, to electronically report all campaign finance reports that must be submitted to the registry under this chapter. If any statewide candidate, slate of candidates, or campaign committee of a statewide candidate or slate of candidates submits a campaign finance report in a nonelectronic format for an election scheduled in 2015 or later, the registry shall require the statewide candidate, slate of candidates, or campaign committee of the statewide candidate or slate of candidates to resubmit the campaign finance report in an electronic format;
    9. Require all candidates, slates of candidates, committees, and contributing organizations, beginning with the primary scheduled in 2020, and for each subsequent election scheduled thereafter, to electronically report all campaign finance reports required to be submitted to the registry under this chapter. If any candidate, slate of candidates, committee, or contributing organization submits a campaign finance report to the registry in a nonelectronic format for an election or calendar period beginning in 2020 or later, the registry shall require the candidate, slate of candidates, committee, or contributing organization to resubmit the campaign finance report in an electronic format. If any candidate, slate of candidates, committee, or contributing organization does not submit the required campaign finance reports electronically by the applicable filing deadline, the registry shall publish the candidate, slate of candidates, committee, or contributing organization’s name as a delinquent filer until such time as the campaign finance report is properly filed in an electronic format; and
    10. Require all independent expenditure reports to be submitted electronically within forty-eight (48) hours of the date that the communication is publicly distributed or otherwise publicly disseminated, beginning with the primary scheduled in 2020, and for each subsequent election scheduled thereafter.
  7. In conjunction with the program of electronic reporting set out in subsection (6) of this section, the registry shall deem an electronic report to be filed when submitted by either of the following methods:
    1. Online Internet transmission; or
    2. Hand delivery of the electronic report, saved on a current and compatible computer component, and downloaded at the registry.

History. Enact. Acts 1974, ch. 130, § 186; 1980, ch. 292, § 4, effective July 15, 1980; 1986, ch. 100, § 2, effective July 15, 1986; 1988, ch. 341, § 41, effective July 15, 1988; 1992, ch. 288, § 44, effective July 14, 1992; 1993 (1st Ex. Sess.), ch. 4, § 56, effective November 3, 1993; 1994, ch. 458, § 6, effective July 15, 1994; 1996, ch. 155, § 2, effective July 15, 1996; 1996, ch. 240, § 1, effective July 15, 1996; 1996, ch. 252, § 1, effective January 1, 1997; 1998, ch. 154, § 75, effective July 15, 1998; 2000, ch. 398, § 3, effective July 14, 2000; 2005, ch. 105, § 4, effective March 16, 2005; 2012, ch. 48, § 1, effective July 12, 2012; 2019 ch. 2, § 2, effective June 27, 2019.

Compiler’s Notes.

Section 88(1) of Acts 1993 (1st Ex. Sess.), Ch. 4 provided that this section “shall become effective on November 3, 1993”; however, § 88(2) provided that “notwithstanding the provisions of subsection (1)” the provisions of this section as amended by this Act “shall not apply to the primary and regular elections held in 1993”.

NOTES TO DECISIONS

1. Federal Law Preemption.

Section 453 of the Federal Election Campaign Act, 2 USCS § 431 et seq., preempts state law and prohibited the Registry of Election Finance from investigating, requiring disclosure of advertising poll and limiting expenditures made by federal congressional representative’s federal political committee, duly registered with the Federal Election Commission. Bunning v. Kentucky, 42 F.3d 1008, 1994 FED App. 0416P, 1994 U.S. App. LEXIS 36103 (6th Cir. Ky. 1994 ).

2. Authority of Attorney General.

Campaign finance regulatory statutes do not limit the authority of the Attorney General to conduct his own investigation of violations nor do they restrict the authority of a grand jury to render an indictment absent a preliminary finding of probable cause by the Registry of Election Finance. Democratic Party v. Graham, 976 S.W.2d 423, 1998 Ky. LEXIS 126 ( Ky. 1998 ).

Cited:

Kentucky Registry of Election Finance v. Jordan, 583 S.W.2d 90, 1979 Ky. App. LEXIS 424 (Ky. Ct. App. 1979); Naegele Outdoor Advertising Co., Div. of Naegele, Inc. v. Moulton, 773 F.2d 692, 1985 U.S. App. LEXIS 23280 (6th Cir. 1985); General Drivers, Local Union No. 89 v. Chandler, 968 S.W.2d 680, 1998 Ky. App. LEXIS 40 (Ky. Ct. App. 1998).

Opinions of Attorney General.

Where circumstances suggested that checks made payable to a political fund-raising organization were illegally converted and improperly cashed by some unknown person, the jurisdiction for the investigation of possible violations of the criminal law rested with the county grand jury and not the registry of election finance. OAG 76-720 .

Since Chapter 4 of Acts 1993 (1st Ex. Sess.) contained an emergency clause [§ 92] it became effective as a whole when the Governor tendered the bill, which he had signed, to the Secretary of State on February 18, 1993. However, section 87 (13) of Ch. 4 of Acts 1993 (1st Ex. Sess.), provided that, except as provided in §§ 88, 89, and 90, §§ 1-84 of the Act should become effective two hundred ten (210) days after the effective date of the Act, September 16, 1993; other subsections within § 87 establish a transition schedule with other specific dates calculated from the effective date of the Act. Such schedule is actually a listing of deadlines within which certain actions called for in § 87 of the Act are to be completed. Such schedule is as follows: “within 45 days of the effective date of the act” = on or before April 5, 1993; “within 60 days of the effective date of the act” = on or before April 19, 1993; “within 75 days of the effective date of the act” = on or before May 4, 1993; “within 90 days of the effective date of the act” = on or before May 19, 1993; “within 150 days of the effective date of the act” = on or before July 19, 1993; “within 180 days of the effective date of the act” = on or before August 17, 1993; “two hundred ten (210) days after the effective date of the act” = September 16, 1993. OAG 93-25 .

Research References and Practice Aids

Kentucky Law Journal.

Note, PACS in Kentucky: Regulating the Permanent Committees, 76 Ky. L.J. 1011 (1987-88).

121.130. Dissemination of information to candidates, treasurers, depositories and general public.

  1. The  registry shall take such steps as may be necessary to furnish timely and adequate  information to every candidate or prospective candidate for public office  who becomes or is likely to become subject to the provisions of this chapter.  The registry shall also take such steps as are necessary to inform every treasurer  and depository duly designated under this chapter of their actual obligations  and responsibilities under this chapter.
  2. The  registry shall take such steps to disseminate among the general public such  information as may serve to guide all persons who may become subject to the  provisions of this chapter by reason of their participation in election campaigns  or in the dissemination of political information, for the purpose of facilitating  voluntary compliance with the provisions and purposes of this chapter.

History. Enact. Acts 1974, ch. 253, § 2.

121.135. Advisory opinion by registry — Effect — Publication.

  1. Any  person may file a written request with the registry for an advisory opinion  concerning the application of the provisions of this chapter or any administrative  regulation promulgated by the registry with respect to a specific transaction  or activity by the person. The registry shall render a written advisory opinion  relating to the specific transaction or activity to the person making the  request not later than thirty (30) days after the registry receives the request.
  2. If  a candidate, slate of candidates, or either of their campaign committees files  a written request with the registry for an advisory opinion not more than  thirty (30) days before the date of an election at which the candidate or  slate of candidates shall appear on the ballot, the registry shall render  a written advisory opinion relating to the request not later than twenty (20)  days after the registry receives a complete request.
  3. No  advisory opinion shall be issued by the registry or any of its employees except  in accordance with the provisions of this section.
    1. Any  advisory opinion rendered by the registry under subsection (1) or (2) of this  section may be relied upon only by the person or committee involved in the  specific transaction or activity with respect to which the advisory opinion  is rendered. (4) (a) Any  advisory opinion rendered by the registry under subsection (1) or (2) of this  section may be relied upon only by the person or committee involved in the  specific transaction or activity with respect to which the advisory opinion  is rendered.
    2. Notwithstanding  any other provision of law, any person or committee to whom a written advisory  opinion has been rendered who relies upon any provision or finding of the  advisory opinion and who acts in good faith in accordance with the provisions  and findings of the advisory opinion shall not, as a result of any act with  respect to a transaction or activity addressed by the advisory opinion, be  subject to any sanction provided by this chapter or any administrative regulation  promulgated by the registry.
    3. It  shall be no defense in any civil or criminal proceeding regarding a violation  of any provision of this chapter or any administrative regulation promulgated  by the registry for a person or committee to claim that he relied upon and  acted in good faith based upon any provision or finding of an advisory opinion  if the person or committee was not the person or committee involved in the  specific transaction or activity with respect to which the advisory opinion  was rendered.
    1. The  registry shall make public all written requests for an advisory opinion made  under subsection (1) or (2) of this section. Before rendering an advisory  opinion, the registry shall accept written comments submitted by any interested  party within the ten (10) day period following the date the request is made  public. (5) (a) The  registry shall make public all written requests for an advisory opinion made  under subsection (1) or (2) of this section. Before rendering an advisory  opinion, the registry shall accept written comments submitted by any interested  party within the ten (10) day period following the date the request is made  public.
    2. The  registry shall make public all advisory opinions rendered under subsection  (1) or (2) of this section.

History. Enact. Acts 1992, ch. 288, § 45, effective July 14, 1992.

NOTES TO DECISIONS

1. In General.

The advisory opinion mechanism cannot cure constitutional infirmities in the campaign finance statutes. Commonwealth v. Martin, 2000 Ky. App. LEXIS 135 (Ky. Ct. App. Nov. 9, 2000).

The advisory opinion mechanism embodied in KRS 121.135 did not cure or even pro tanto reduce the degree of overbreadth that existed in KRS 121.015(6)(e) and 121.150(1). Martin v. Commonwealth, 96 S.W.3d 38, 2003 Ky. LEXIS 8 (Ky.), cert. denied, 539 U.S. 928, 123 S. Ct. 2586, 156 L. Ed. 2d 605, 2003 U.S. LEXIS 4633 (U.S. 2003).

Research References and Practice Aids

Kentucky Bench & Bar.

Samford, Reforming Reform — Kentucky’s Campaign Finance Laws in Transition, Vol. 72, No. 4, July 2008, Ky. Bench & Bar 34.

121.140. Investigation of complaint — Conciliation agreement hearing — Decision and order — Appeal from order — Reference for possible prosecution — Judicial review.

  1. Upon  the sworn complaint of any person, or on its own initiative, the registry  shall investigate alleged violations of campaign finance law. In conducting  any investigation, the registry shall have the power of subpoena and may compel  production of evidence including the financial records of any person determined  by the registry to be vital to the investigation. The records subject to subpoena  include, but are not limited to, a person’s bank records and other relevant  documents, but excluding individual and business income tax records.
  2. If  the registry concludes that there is probable cause to believe that the law  has been violated, the registry shall notify the alleged violator of its conclusions  and the evidence supporting them, and shall offer the alleged violator a conciliation  agreement to resolve the issue. A conciliation agreement may require the alleged  violator to comply with one (1) or more of the following:
    1. To  cease and desist violations of the law;
    2. To  file required reports or other documents or information;
    3. To  pay a penalty not to exceed one hundred dollars ($100) a day, up to a maximum  total fine of five thousand dollars ($5,000), for failure to file any report,  payment of an administrative fee, or other document or information required  by law until the report, fee payment, document, or information is filed; except  that there shall be no maximum total fine for candidates for statewide office;  or
    4. To  pay a penalty not to exceed five thousand dollars ($5,000) per violation for  acts of noncompliance with provisions contained within this chapter.
  3. To  accept a conciliation agreement, an alleged violator shall deliver the signed  agreement to the registry either in person or by mail postmarked not later  than ten (10) days after the day he received it. The registry may institute  a civil action in Franklin Circuit Court or the Circuit Court for the county  of the violator’s residence to enforce the provisions of any conciliation  agreement accepted by a violator who is not complying with its provisions.
  4. If  the alleged violator declines to accept the conciliation agreement or fails  to respond within the time allowed, the registry shall submit a written request  to the Chief Justice of the Kentucky Supreme Court to recommend not fewer  than five (5) nor more than ten (10) retired or former justices or retired  or former judges of the Court of Justice who are qualified and willing to  conduct a hearing to determine if a violation has occurred. Upon receipt of  the recommendations of the Chief Justice, the registry shall randomly select  one (1) retired or former justice or judge from the list to conduct the hearing,  which shall be held in accordance with the Kentucky Rules of Civil Procedure,  or, if the Chief Justice declines to make recommendations, the registry, on  its own initiative, shall request retired or former justices or judges to  serve. The time and location of hearings shall be determined by the registry.  Retired or former justices or judges selected to serve shall receive reimbursement  from the registry for their reasonable and necessary expenses incurred as  a result of the performance of their duties at the hourly rate set for attorneys  by the Finance and Administration Cabinet. The registry shall notify the complainant  and the alleged violator that a hearing shall be conducted of the specific  offenses alleged not less than thirty (30) days prior to the date of the hearing.  At the hearing, which shall be open to the public pursuant to KRS 61.810 ,  the attorney for the registry shall present the evidence against the alleged  violator, and the alleged violator shall have all of the protections of due  process, including, but not limited to, the right to be represented by counsel,  the right to call and examine witnesses, the right to the production of evidence  by subpoena, the right to introduce exhibits and the right to cross-examine  opposing witnesses. If the justice or judge determines that the preponderance  of the evidence shows a violation has occurred, the justice or judge shall  render a decision not more than sixty (60) days after the case is submitted  for determination. The decision shall become the final decision of the registry  unless the registry board at its next regular meeting acts to set aside or  modify the justice’s or judge’s decision, in which case the registry board’s  decision shall become the final registry decision. A party adversely affected  by the registry’s order may appeal to Franklin Circuit Court within thirty  (30) days after the date of the registry’s order. The violator may be ordered  to comply with any one (1) or more of the following requirements:
    1. To  cease and desist violation of this law;
    2. To  file any reports or other documents or information required by this law;
    3. To  pay a penalty not to exceed one hundred dollars ($100) a day, up to a maximum  total fine of five thousand dollars ($5,000), for failure to file any report,  payment of an administrative fee, or other document or information required  by law until the report, fee payment, document, or information is filed; except  that there shall be no maximum total fine for candidates for statewide office;  or
    4. To  pay a penalty not to exceed five thousand dollars ($5,000) per violation for  acts of noncompliance with provisions contained within this chapter. An appeal  of an order shall be advanced on the docket to permit a timely decision.
  5. If  the registry concludes that there is probable cause to believe that the campaign  finance law has been violated knowingly, it shall refer the violation to the  Attorney General or the appropriate Commonwealth’s or county attorney for  prosecution. The Attorney General may request the registry’s attorney or the  appropriate county or Commonwealth’s attorney to prosecute the matter and  may request from the registry all evidence collected in its investigation.  In the event the Attorney General or the appropriate local prosecutor fails  to prosecute in a timely fashion, the registry may petition the Circuit Court  to appoint the registry’s attorney to prosecute, and upon a motion timely  filed, for good cause shown, the court shall enter an order to that effect.  Prosecutions involving campaign finance law violations, in which the reports  are required to be filed in Frankfort, may be conducted in Franklin Circuit  Court or in the Circuit Court for the county in which the contribution or  expenditure constituting a campaign finance violation was solicited, made,  or accepted. The prosecution of a person who unlawfully solicits, makes, or  accepts a contribution or expenditure through the use of the mail may be conducted  in the Circuit Court for the county in which the solicitation is mailed, the  county in which the contribution is mailed or received, or the county in which  the expenditure is mailed.
  6. Any  person directly involved or affected by an action of the registry which is  final, other than of a determination to refer a violation to the Attorney  General or appropriate Commonwealth’s or county attorney for prosecution,  may seek judicial review of the action within thirty (30) days after the date  of the action.
  7. If  judicial review is sought of any action of the registry relating to a pending  election, the matter shall be advanced on the docket of the court. The court  may take any steps authorized by law to accelerate its procedures so as to  permit a timely decision.

History. Enact. Acts 1974, ch. 253, § 3; 1980, ch. 292, § 5, effective July 15, 1980; 1986, ch. 100, § 3, effective July 15, 1986; 1988, ch. 341, §§ 19, 42, effective July 15, 1988; 1992, ch. 288, § 46, effective July 14, 1992; 1994, ch. 458, § 7, effective July 15, 1994; 1998, ch. 109, § 1, effective July 15, 1998.

Legislative Research Commission Note.

Because of the similarity in the substance of 1988 Acts ch. 341, § 19, and the last sentence of (3) of this section, 1988 Acts ch. 341, § 19 has been treated as an amendment rather than a newly created section.

NOTES TO DECISIONS

1. Referral to Commonwealth’s Attorney.

The action of the registry in referring information concerning fund-raising activities to two Commonwealth’s Attorneys did not infringe on the first and fourteenth amendment rights of a campaign committee and would not be enjoined. Carroll Hubbard for Governor Committee v. Kentucky Registry of Election Finance, 477 F. Supp. 184, 1979 U.S. Dist. LEXIS 9425 (W.D. Ky. 1979 ).

2. Nonexclusive Control by Registry.

The statutory scheme in this chapter did not vest exclusive control in the registry to the exclusion of the Kentucky State Police or the Commonwealth’s Attorneys to independently investigate. Naegele Outdoor Advertising Co., Div. of Naegele, Inc. v. Moulton, 773 F.2d 692, 1985 U.S. App. LEXIS 23280 (6th Cir. Ky. 1985 ), cert. denied, 475 U.S. 1121, 106 S. Ct. 1639, 90 L. Ed. 2d 184, 1986 U.S. LEXIS 1890 (U.S. 1986).

Campaign finance regulatory statutes do not limit the authority of the Attorney General to conduct his own investigation of violations nor do they restrict the authority of a grand jury to render an indictment absent a preliminary finding of probable cause by the Registry of Election Finance. Democratic Party v. Graham, 976 S.W.2d 423, 1998 Ky. LEXIS 126 ( Ky. 1998 ).

3. Preemption by Federal Law.

Section 453 of the Federal Election Campaign Act, 2 USCS § 431 et seq., preempts state law and prohibited the Registry of Election Finance from investigating, requiring disclosure of advertising poll and limiting expenditures made by federal congressional representative’s federal political committee, duly registered with the Federal Election Commission. Bunning v. Kentucky, 42 F.3d 1008, 1994 FED App. 0416P, 1994 U.S. App. LEXIS 36103 (6th Cir. Ky. 1994 ).

Cited:

Kentucky Educators Public Affairs Council v. Kentucky Registry of Election Finance, 677 F.2d 1125, 1982 U.S. App. LEXIS 19286 (6th Cir. 1982); General Drivers, Local Union No. 89 v. Chandler, 968 S.W.2d 680, 1998 Ky. App. LEXIS 40 (Ky. Ct. App. 1998).

Opinions of Attorney General.

The Registry of Election Finance cannot legally maintain a trust and agency account, into which it places moneys received from fines and penalties it has levied and collected, and it cannot utilize that account to finance activities of the registry since the operations of the registry are funded solely by appropriations from the general fund by the General Assembly and there is no provision in the state’s budget under the section dealing with trust and agency funds for the registry to spend the money from the fines and penalties it has levied and collected. OAG 82-3 .

Research References and Practice Aids

Kentucky Law Journal.

Note, PACS in Kentucky: Regulating the Permanent Committees, 76 Ky. L.J. 1011 (1987-88).

Notes, Campaign Finance Reform in Kentucky: The Race for Governor, 85 Ky. L.J. 723 (1996-97).

121.150. Campaign contribution restrictions and expenditure limitations.

  1. No contribution shall be made or received, directly or indirectly, other than an independent expenditure, to support inauguration activities or to support or defeat a candidate, slate of candidates, constitutional amendment, or public question which will appear on the ballot in an election, except through the duly appointed campaign manager, or campaign treasurer of the candidate, slate of candidates, or registered committee. Any person making an independent expenditure, shall report these expenditures when the expenditures by that person exceed five hundred dollars ($500) in the aggregate in any one (1) election, on a form provided or using a format approved by the registry and shall sign a statement on the form, under penalty of perjury, that the expenditure was an actual independent expenditure and that there was no prior communication with the campaign on whose behalf it was made.
  2. Except as provided in KRS 121.180(10), the solicitation from and contributions by campaign committees, caucus campaign committees, political issues committees, permanent committees, and party executive committees to any religious, charitable, civic, eleemosynary, or other causes or organizations established primarily for the public good is expressly prohibited; except that it shall not be construed as a violation of this section for a candidate or a slate of candidates to contribute to religious, civic, or charitable groups.
  3. No candidate, slate of candidates, committee, or contributing organization, nor anyone acting on their behalf, shall accept any anonymous contribution in excess of one hundred dollars ($100), and all anonymous contributions in excess of one hundred dollars ($100) shall be returned to the donor, if the donor can be determined. If no donor is found, the contribution shall escheat to the state. No candidate, slate of candidates, committee, or contributing organization, nor anyone acting on their behalf shall accept anonymous contributions in excess of two thousand dollars ($2,000) in the aggregate in any one (1) election. Anonymous contributions in excess of two thousand dollars ($2,000) in the aggregate which are received in any one (1) election shall escheat to the state.
  4. No candidate, slate of candidates, committee, or contributing organization, nor anyone on their behalf, shall accept a cash contribution in excess of one hundred dollars ($100) in the aggregate from each contributor in any one (1) election. No candidate, slate of candidates, committee, or contributing organization, nor anyone on their behalf, shall accept a cashier’s check or money order in excess of the maximum cash contribution limit unless the instrument clearly identifies both the payor and the payee. A contribution made by cashier’s check or money order which identifies both the payor and payee shall be treated as a contribution made by check for purposes of the contribution limits contained in this section. No person shall make a cash contribution in excess of one hundred dollars ($100) in the aggregate in any one (1) election to a candidate, slate of candidates, committee, or contributing organization, nor anyone on their behalf.
  5. No candidate, slate of candidates, committee, contributing organization, nor anyone on their behalf, shall accept any contribution in excess of one hundred dollars ($100) from any person who shall not become eighteen (18) years of age on or before the day of the next general election.
  6. Except as provided in subsection (22) of this section, no candidate, slate of candidates, campaign committee, nor anyone acting on their behalf, shall accept a contribution of more than two thousand dollars ($2,000) as indexed for inflation every odd-numbered year using the preceding year’s percent increase in the non-seasonally adjusted annual average Consumer Price Index for all Urban Consumers (CPI-U), U.S. City Average, All Items, for that year as published by the United States Bureau of Labor Statistics and rounded to the nearest hundred dollars, from any person, permanent committee, or contributing organization in any one (1) election. No person, permanent committee, or contributing organization shall contribute more than two thousand dollars ($2,000) as indexed for inflation every odd-numbered year using the preceding year’s percent increase in the non-seasonally adjusted annual average Consumer Price Index for all Urban Consumers (CPI-U), U.S. City Average, All Items, as published by the United States Bureau of Labor Statistics and rounded to the nearest hundred dollars, to any one (1) candidate, campaign committee, nor anyone acting on their behalf, in any one (1) election.
  7. Permanent committees or contributing organizations affiliated by bylaw structure or by registration, as determined by the Registry of Election Finance, shall be considered as one (1) committee for purposes of applying the contribution limits of subsection (6) of this section.
  8. No permanent committee shall contribute funds to another permanent committee for the purpose of circumventing contribution limits of subsection (6) of this section.
  9. No person shall contribute funds to a permanent committee, political issues committee, or contributing organization for the purpose of circumventing the contribution limits of subsection (6) of this section.
  10. No person shall contribute more than two thousand dollars ($2,000) as indexed for inflation every odd-numbered year using the preceding year’s percent increase in the non-seasonally adjusted annual average Consumer Price Index for all Urban Consumers (CPI-U), U.S. City Average, All Items, for that year as published by the United States Bureau of Labor Statistics and rounded to the nearest hundred dollars, to a permanent committee or contributing organization in any one (1) year.
    1. No person shall contribute more than five thousand dollars ($5,000) to the state executive committee of a political party in any one (1) year. The contribution limit in this paragraph shall not apply to a contribution designated exclusively for a state executive committee’s building fund account established under KRS 121.172 . (11) (a) No person shall contribute more than five thousand dollars ($5,000) to the state executive committee of a political party in any one (1) year. The contribution limit in this paragraph shall not apply to a contribution designated exclusively for a state executive committee’s building fund account established under KRS 121.172 .
    2. No person shall contribute more than five thousand dollars ($5,000) to a subdivision or affiliate of a state political party in any one (1) year.
    3. No person shall contribute more than five thousand dollars ($5,000) to a caucus campaign committee in any one (1) year.
  11. No person shall make a payment, distribution, loan, advance, deposit, or gift of money to another person to contribute to a candidate, a slate of candidates, committee, contributing organization, or anyone on their behalf. No candidate, slate of candidates, committee, contributing organization, nor anyone on their behalf shall accept a contribution made by one (1) person who has received a payment, distribution, loan, advance, deposit, or gift of money from another person to contribute to a candidate, a slate of candidates, committee, contributing organization, or anyone on their behalf.
  12. Subject to the provisions of subsection (17) of this section, no candidate or slate of candidates for nomination to any state, county, city, or district office, nor their campaign committees, nor anyone on their behalf, shall solicit or accept contributions for primary election expenses after the date of the primary. No person other than the candidate or slate of candidates shall contribute for primary election expenses after the date of the primary.
  13. Subject to the provisions of subsection (17) of this section, no candidate or slate of candidates for any state, county, city, or district office at a regular election, nor their campaign committees, nor anyone on their behalf, shall solicit or accept contributions for regular election expenses after the date of the regular election. No person other than the candidate or slate of candidates shall contribute for regular election expenses after the date of the regular election.
  14. Subject to the provisions of subsection (17) of this section, no candidate or slate of candidates for nomination or election to any state, county, city, or district office, nor their campaign committees, nor anyone on their behalf, shall solicit or accept contributions for special election expenses after the date of the special election. No person other than the candidate or slate of candidates shall contribute for special election expenses after the date of the special election.
  15. The provisions of subsections (13) and (14) of this section shall apply only to those candidates in a primary or regular election which shall be conducted subsequent to January 1, 1989. The provisions of subsection (15) of this section shall apply only to those candidates or slates of candidates in a special election which shall be conducted subsequent to January 1, 1993.
  16. A candidate, slate of candidates, or a campaign committee may solicit and accept contributions after the date of a primary election, regular election, or special election to defray necessary expenses that arise after the date of the election associated with election contests, recounts, and recanvasses of a specific election, complaints regarding alleged campaign finance violations that are filed with the registry pertaining to a specific election, or other legal actions pertaining to a specific election to which a candidate, slate of candidates, or campaign committee is a party, and for repayment of debts and obligations owed by the campaign. Reports of contributions received and expenditures made after the date of the specific election shall be made in accordance with KRS 121.180 .
  17. No candidate, slate of candidates, committee, except a political issues committee, or contributing organization, nor anyone on their behalf, shall knowingly accept a contribution from a corporation, directly or indirectly, except to the extent that the contribution is designated to a state executive committee’s building fund account established under KRS 121.172 .
  18. Nothing in this section shall be construed to restrict the ability of a corporation to administer its permanent committee insofar as its actions can be deemed not to influence an election as prohibited by KRS 121.025 .
  19. No candidate, slate of candidates, or committee, nor anyone on their behalf, shall solicit a contribution of money or services from a state employee, whether or not the employee is covered by the classified service provisions of KRS Chapter 18A. However, it shall not be a violation of this subsection for a state employee to receive a solicitation directed to him as a registered voter in an identified precinct as part of an overall plan to contact voters not identified as state employees.
  20. No candidate or slate of candidates for any office in this state shall accept a contribution, including an in-kind contribution, which is made from funds in a federal campaign account. No person shall make a contribution, including an in- kind contribution, from funds in a federal campaign account to any candidate or slate of candidates for any office in this state.
  21. It shall be permissible for a married couple to make a contribution with one (1) check that reflects the combined individual contribution limits of each individual spouse per election, as set forth in subsection (6) of this section, for all elections in a calendar year and the following shall be required to be written on the check:
    1. The signatures of both spouses on the signature line of the check; and
    2. The designation of each contribution amount and the election or elections to which they apply shall be memorialized on the memo line of the check.

HISTORY: Enact. Acts 1974, ch. 130, § 187; 1980, ch. 292, § 6, effective July 15, 1980; 1986, ch. 100, § 4, effective July 15, 1986; 1986, ch. 168, § 1, effective July 15, 1986; 1988, ch. 15, § 1, effective July 15, 1988; 1988, ch. 55, § 1, effective March 11, 1988; 1988, ch. 118, § 2, effective 1991; 1988, ch. 341, § 43, effective July 15, 1988; 1990, ch. 314, § 1, effective July 13, 1990; 1990, ch. 476, Pt. II, § 73, effective July 13, 1990; 1992, ch. 288, § 25, effective July 14, 1992*; 1993 (1st Ex. Sess.), ch. 4, § 57, effective September 16, 1993; 1994, ch. 458, § 8, effective July 15, 1994; 1996, ch. 153, § 3, effective July 15, 1996; 1996, ch. 188, § 1, effective July 15, 1996; 1996, ch. 372, § 1, effective April 12, 1996; 1998, ch. 599, § 1, effective July 15, 1998; 2000, ch. 398, § 4, effective July 14, 2000; 2005, ch. 105, § 5, effective March 16, 2005; 2008, ch. 129, § 11, effective July 15, 2008; 2011, ch. 51, § 1, effective June 8, 2011; 2017 ch. 122, § 2, effective June 29, 2017.

Compiler’s Notes.

Section 62 of Acts 1992, ch. 288 provides: “The provisions of Section 25 [KRS 121.150 ] and subsection (6)(b) of Section 28 [KRS 121.180 ] of this Act relating to limitations on contributions and administrative fees on contributions to candidates by permanent committees, shall first apply to elections held and contributions made, respectively, after January 1, 1993. Subject to the limitations of subsection (6) of Section 8 [KRS 121A.080 ] of this Act, the balance a candidate has in his campaign account as of December 31, 1992 shall not be subject to the limitations of Section 25 [KRS 121.150 ] of this Act and may be used for future campaign expenses.”

Section 86 of Acts 1993 (1st Ex. Sess.), Ch. 4 provided that: “The balance a candidate has in his campaign account on November 2, 1993, shall not be subject to the limitations of subsection (25) of Section 57 [KRS 121.150 ] of this Act.”

Section 88(1) of Acts 1993 (1st Ex. Sess.), Ch. 4 provided that subsections (4) and (25) of KRS 121.150 should become effective November 3, 1993; however, § 88(2) provided that notwithstanding subsection (1) of § 88, subsections (4) and (25) of KRS 121.150 as amended by the Act “shall not apply to the primary and regular elections held in 1993”; section 89 of Acts 1993 (1st Ex. Sess.), Ch. 4 provided that the provisions of subsections (7) and (10) of KRS 121.150 should become effective on January 1, 1994.

NOTES TO DECISIONS

1. Constitutionality.

The Campaign Finance Law’s distinction between permanent committees and political candidates does not render it unconstitutional. The disparate treatment reflects an analogous legislative determination that aggregate limitations are necessary to prevent manipulation of permanent committees in order to evade the Law’s $1,000 limitation of direct contributions to any one political candidate. Kentucky Right to Life v. Terry, 108 F.3d 637, 1997 FED App. 0088P, 1997 U.S. App. LEXIS 4004 (6th Cir. Ky.), cert. denied, 522 U.S. 860, 118 S. Ct. 162, 139 L. Ed. 2d 106, 1997 U.S. LEXIS 5334 (U.S. 1997).

The $1,000 limitation of subsection (6) of this section and KRS 121A.050(1) on direct contributions in connections with state and local elections is not different in kind from the $1,000 limitation on direct contributions in connection with federal elections, and plaintiffs’ First Amendment challenge to the limitation was rejected. Kentucky Right to Life v. Terry, 108 F.3d 637, 1997 FED App. 0088P, 1997 U.S. App. LEXIS 4004 (6th Cir. Ky.), cert. denied, 522 U.S. 860, 118 S. Ct. 162, 139 L. Ed. 2d 106, 1997 U.S. LEXIS 5334 (U.S. 1997).

The $1,500 limit of subsection (10) of this section furthers the goal of preventing corruption in Kentucky politics by avoiding evasion of the individual contribution limitations. This goal of combating corruption, combined with the limited protection afforded this type of speech, compels the conclusion that subsection (10) is constitutional. Kentucky Right to Life v. Terry, 108 F.3d 637, 1997 FED App. 0088P, 1997 U.S. App. LEXIS 4004 (6th Cir. Ky.), cert. denied, 522 U.S. 860, 118 S. Ct. 162, 139 L. Ed. 2d 106, 1997 U.S. LEXIS 5334 (U.S. 1997).

The definition of “independent expenditure” does not impinge on constitutionally protected activity as it does not prohibit individuals or organizations from communicating with a campaign, but rather attempts to prevent circumvention of the restriction on contributions after a slate elects to accept state funds for running its campaign. Commonwealth v. Martin, 2000 Ky. App. LEXIS 135 (Ky. Ct. App. Nov. 9, 2000).

Prohibition on solicitation of contributions for election expenses after regular elections in KRS 121.150(16) is sufficiently narrowly tailored as to survive strict scrutiny. Anderson v. Spear, 189 F. Supp. 2d 644, 2002 U.S. Dist. LEXIS 5215 (E.D. Ky. 2002 ), aff'd in part and rev'd in part, 356 F.3d 651, 2004 FED App. 0025P, 2004 U.S. App. LEXIS 586 (6th Cir. Ky. 2004 ).

Commonwealth of Kentucky’s $50,000 limitation on loans by candidates to their campaign committees serves compelling state interests. As well, the provision is narrowly tailored and acts in tandem with other provisions of the statutory scheme in guarding against corruption and the appearance thereof. Anderson v. Spear, 189 F. Supp. 2d 644, 2002 U.S. Dist. LEXIS 5215 (E.D. Ky. 2002 ), aff'd in part and rev'd in part, 356 F.3d 651, 2004 FED App. 0025P, 2004 U.S. App. LEXIS 586 (6th Cir. Ky. 2004 ).

Twenty-eight (28) day window is a pillar without which the Commonwealth’s public-financing scheme cannot stand. The provision of KRS 121.150(23) is valid. Anderson v. Spear, 189 F. Supp. 2d 644, 2002 U.S. Dist. LEXIS 5215 (E.D. Ky. 2002 ), aff'd in part and rev'd in part, 356 F.3d 651, 2004 FED App. 0025P, 2004 U.S. App. LEXIS 586 (6th Cir. Ky. 2004 ).

State Supreme Court rejected a constitutional challenge to KRS 121.015(6) and 121.150(1) that was brought by defendants who were charged with violating Kentucky’s Campaign Finance Regulation Act, KRS Ch. 121, and Kentucky’s Public Financing Campaign Act, KRS Ch. 121A, by working illegally on a candidate’s 1995 gubernatorial campaign and/or by soliciting and obtaining an illegal gubernatorial appointment. Martin v. Commonwealth, 96 S.W.3d 38, 2003 Ky. LEXIS 8 (Ky.), cert. denied, 539 U.S. 928, 123 S. Ct. 2586, 156 L. Ed. 2d 605, 2003 U.S. LEXIS 4633 (U.S. 2003).

2. Limit on Candidate’s Loan to Committee.

The $50,000 loan limit of former subsection (15) (now see (13)) and former subsection (20) (now see (19)) of this section removes the appearance that heavily indebted candidates are easy bedfellows for quid pro quo contributors. Because they may not make loans in excess of $50,000 to their own campaigns, they cease to be personally financially vulnerable and therefore do not appear to be easy targets for corrupt contributors. Wilkinson v. Jones, 876 F. Supp. 916, 1995 U.S. Dist. LEXIS 1777 (W.D. Ky. 1995 ).

The $50,000 limit on amount that candidate can loan to his committee is not so low as to chill a candidate’s early and loud speech. Wilkinson v. Jones, 876 F. Supp. 916, 1995 U.S. Dist. LEXIS 1777 (W.D. Ky. 1995 ).

3. Permanent Committees.

The $1,500 aggregate limit of subsection (10) of this section furthers the Campaign Finance Law’s statutory scheme by preventing evasion of the $1,000 limit upon direct individual contributions to candidates. Absent this aggregate limit, unscrupulous individuals could pass unlimited amounts of cash to permanent committees with the understanding that those funds would be disbursed directly to specific candidates. Kentucky Right to Life v. Terry, 108 F.3d 637, 1997 FED App. 0088P, 1997 U.S. App. LEXIS 4004 (6th Cir. Ky.), cert. denied, 522 U.S. 860, 118 S. Ct. 162, 139 L. Ed. 2d 106, 1997 U.S. LEXIS 5334 (U.S. 1997).

4. Post-Election Contributions.

The contribution limits of election financing laws target the size of contributions, presumably based upon the theory that the smaller the contribution the less coercive it will be. The provision governing the timing of contributions diminishes the appearance that contributions that are made by supporters after the election foster a quid pro quo relationship. While post-election contributions may in actuality reimburse a candidate for loans made to the campaign, there is an impression that the contributor is lining the candidate’s pocket, as there is no ongoing campaign to which the contribution may be made. Wilkinson v. Jones, 876 F. Supp. 916, 1995 U.S. Dist. LEXIS 1777 (W.D. Ky. 1995 ).

5. Preemption by Federal Law.

Section 453 of the Federal Election Campaign Act, 2 USCS § 431 et seq., preempts state law and prohibited the Registry of Election Finance from investigating, requiring disclosure of advertising poll and limiting expenditures made by federal congressional representative’s federal political committee, duly registered with the Federal Election Commission. Bunning v. Kentucky, 42 F.3d 1008, 1994 FED App. 0416P, 1994 U.S. App. LEXIS 36103 (6th Cir. Ky. 1994 ).

Opinions of Attorney General.

Under the definitions of “cash” and “cashier’s checks” given in Lane v. Railey (1939), 280 Ky. 319 , 133 S.W.2d 74, 1939 Ky. LEXIS 120 , and other authorities, a cashier’s check should be considered a cash political contribution, pursuant to subsection (4) of this section, where there cannot be established a substantial nexus between the individual contributor and the check. OAG 75-159 .

The $3,000 limitation in this section applies only to those persons making contributions to the candidate, his treasurer or committee on his behalf and not to the candidate himself. OAG 75-590 .

Since the term “person” as used in this section refers to a human being and does not include an unincorporated association, the $3,000 limitation would not apply to one contribution from an association or a group of people, although the limitation would apply to each individual of the group. OAG 76-325 .

A candidate can continue to contribute his regular personal contributions unrelated to political campaigns to charitable organizations of which he is a member or to which he has been a regular contributor for more than six (6) months; however, unless and until an officer becomes a candidate for reelection within the meaning of the term as defined in KRS 121.015(7), the personal contribution restriction under subsection (2) of this section would have no application. OAG 82-255 .

Expenditures of campaign funds can be made solely for campaign purposes under the terms of the Corrupt Practices Act. OAG 82-255 .

Subsection (2) of this section clearly prohibits campaign contributions by or on behalf of a candidate to charitable organizations, irrespective of whether they are so-called left-over campaign funds. OAG 82-255 .

The use of corporate facilities or other “things of value” by a sponsored Political Action Committee (PAC) should be reimbursed to the corporation and reported to the Registry of Election Finance, if funds from that PAC are to be contributed to candidates in a Kentucky election. OAG 91-80 .

Legislative candidates for the November 1996 general electionhave until 20 days following that election to bring permanent committee contribution percentages into compliance with the newly established limits of 50 percent or $10,000, whichever is greater. Because of the deletion of references to “election cycle” from subsection (25) of this section, that concept, and contributions during such period as previously defined, have no application to the November 1996 general election or contributions made in such regard. Accounting for permanent committee campaign contributions in relation to the November 1996 general election, will be based upon committee contributions subsequent to the May 1996 primary, since, with the elimination of the “election cycle” concept, contribution accounting will be from election to election. OAG 96-25 .

With the elimination of statutory limitations on contributions by political party executive committees to certain candidates during an “election cycle,” no statutory limitations were present to restrict political party executive committee contributions to candidates in special elections conducted in June 1996. OAG 96-26 .

Subsections (1)(b), (2)(d), and (2)(f) of 32 KAR 2:190, Section 1, partially exceed their statutory mandate of determining affiliation “by bylaw structure or by registration,” and are unenforceable to that extent. Affiliation of committees under KRS 121.150(7) affects only contribution limits imposed by KRS 121.150(6). Determination of permanent committees’ affiliation “by bylaw structure” must be made in context of overall control relationship of the entities when committee bylaws do not establish an affiliation. OAG 2004-14 .

Research References and Practice Aids

Kentucky Law Journal.

Note, PACS in Kentucky: Regulating the Permanent Committees, 76 Ky. L.J. 1011 (1987-88).

Notes, Campaign Finance Reform in Kentucky: The Race for Governor, 85 Ky. L.J. 723 (1996-97).

121.160. Campaign treasurers — Duties.

  1. As  part of the filing papers each candidate or slate of candidates shall, on  a duplicate form prescribed and furnished by the registry, designate a campaign  treasurer to act as their agent at the time and at the office with which they  file as a candidate or slate of candidates and until this requirement is met  the candidate or slate of candidates shall be listed as their own treasurer  and accountable as such. The candidate or slate of candidates may appoint  themselves or any registered voter in Kentucky as the campaign treasurer.  The office with which the candidate or slate of candidates is required to  file shall immediately forward to the registry the duplicate copy of the completed  form designating the candidate’s or slate’s campaign treasurer and shall attach  the original to the candidate’s or slate’s filing papers. The office with  which the candidate or slate of candidates files shall promptly notify the  registry when a candidate withdraws.
  2. The  duties of a campaign treasurer shall be to:
    1. Designate  a depository bank in which the primary campaign account shall be maintained  and deposit all contributions in that account;
    2. Keep  detailed and exact accounts of:
      1. Contributions  of any amount made by a permanent committee, by name and business address  of the permanent committee, the date of the contribution, the amount contributed,  and a description of the major business, social, or political interest represented  by the permanent committee;
      2. Contributions  in excess of one hundred dollars ($100) made to a candidate or slate of candidates  for a statewide-elected state office, by the date, name, address, occupation,  and employer of each contributor and the spouse of the contributor or, if  the contributor or spouse of the contributor is self-employed, the name under  which he is doing business, and the amount contributed by each contributor;  and
      3. Contributions  in excess of one hundred dollars ($100) made to any candidate other than those  specified in subparagraph 2., by name, address, age if under legal voting  age, date of the contribution, amount of the contribution, and the employer  and occupation of each other contributor. If the contributor is self-employed,  the name under which he is doing business shall be listed. The occupation  listed for the contributor shall be specific. A general classification, such  as “businessman”, shall be insufficient;
    3. Make  or authorize all expenditures on behalf of a candidate or slate of candidates.  Any expenditure in excess of twenty-five dollars ($25) shall be by check and  the treasurer’s records shall disclose the name, address, and occupation of  every person or firm to whom made, and shall list the date and amount of the  expenditure and the treasurer shall keep a receipted bill for each;
    4. Maintain  all receipted bills and accounts required by this section for a period of  six (6) years from the date he files his last report under KRS 121.180(3)(b)1.;  and
    5. Make  no payment to any person not directly providing goods or services with the  intent to conceal payment to another.
  3. A  candidate or slate of candidates may remove a campaign treasurer at any time.
  4. In  case of the death, resignation, or removal of a campaign treasurer, the candidate  or slate of candidates shall within three (3) days after receiving notice  thereof by certified mail, appoint a successor and shall file his name and  address with the registry. The candidate, or slate shall be accountable as  their own campaign treasurer if they fail to meet this filing requirement.
  5. A  person may serve as campaign treasurer for more than one (1) candidate or  slate of candidates, but all reports shall be made separately for each individual  candidate or slate.
  6. The  candidate or slate of candidates may pay a campaign treasurer a salary for  his services which shall be considered a campaign expense and shall comply  with the reporting provisions of KRS 121.180 and administrative regulations  promulgated by the registry.

History. Enact. Acts 1974, ch. 130, § 188; 1976, ch. 6, § 1; 1980, ch. 114, § 17, effective July 15, 1980; 1984, ch. 111, § 69, effective July 13, 1984; 1986, ch. 100, § 5, effective July 15, 1986; 1988, ch. 341, § 44, effective July 15, 1988; 1992, ch. 288, § 26, effective July 14, 1992; 1993 (1st Ex. Sess.), ch. 4, § 58, effective November 3, 1993; 1994, ch. 458, § 9, effective July 15, 1994.

Compiler’s Notes.

Section 88(1) of Acts 1993 (1st Ex. Sess.), Ch. 4 provided that this section shall become effective on November 3, 1993; however, subsection (2) of § 88 provided that “notwithstanding the provisions of subsection (1)” this section as amended by this act “shall not apply to the primary and regular elections held in 1993.”

NOTES TO DECISIONS

1. Delay in Appointment.

The penalty provisions of former law providing penalties for violation of election law could not reasonably apply to a mere delay in appointing a campaign treasurer in the manner and in the time provided by former law that required appointment of a campaign treasurer before a candidate’s qualifications were complete; nor could they reasonably apply to a simple failure to make the designation on or in the precise form prescribed by the registry. Stovall v. Cook, 512 S.W.2d 487, 1974 Ky. LEXIS 392 ( Ky. 1974 ) (decided under prior law).

2. Failure to Designate.

An unsuccessful candidate in the primary election had no capacity to bring an action against the successful candidate and the county clerk to have the nomination declared void and to enjoin the clerk from placing the candidate’s name on the ballot for the general election for failure to timely appoint a campaign treasurer and file financial reports. Withrow v. Willis, 447 S.W.2d 627, 1969 Ky. LEXIS 97 ( Ky. 1969 ) (decided under prior law).

Cited:

Kentucky Registry of Election Finance v. Jordan, 583 S.W.2d 90, 1979 Ky. App. LEXIS 424 (Ky. Ct. App. 1979); Naegele Outdoor Advertising Co., Div. of Naegele, Inc. v. Moulton, 773 F.2d 692, 1985 U.S. App. LEXIS 23280 (6th Cir. 1985).

Opinions of Attorney General.

This section, which requires candidates to designate at the time of their filing for office a campaign treasurer, is not applicable to those candidates running for magistrate or magistrate/representative; however, such candidates must comply with the identification requirements on their political advertisements as provided in KRS 121.190 . OAG 85-30 .

Failure to designate a campaign treasurer does not prevent a candidate’s name from appearing on the ballot, although it may have other adverse consequences, such as sanctions specified in KRS 121.990 . OAG 2005-08 .

121.170. Registration of committees and fundraisers — Information required — Permanent committee by member of General Assembly prohibited — Official contact person. [Effective until July 15, 2020]

  1. Any committee, except a federally registered out-of-state permanent committee, organized under any provisions of this chapter shall register with the registry, by filing official notice of intention at the time of organization, giving names, addresses, and positions of the officers of the organization, identifying an official contact person of the committee, and designating the candidate or candidates, slate of candidates, or question it is organized to support or oppose on forms prescribed by the registry; except that no campaign committee for a slate of candidates for Governor and Lieutenant Governor shall be registered prior to the filing of a joint notification and declaration by the slate of candidates pursuant to KRS 118.125 and 118.127 . No entity which is excluded from the definition of “campaign committee” established in KRS 121.015(3)(a) shall be required to register as a committee with the registry. The name of the committee shall reasonably identify to the public the sponsorship and purpose of the committee. The forms filed with the registry shall require the registrant to clearly identify the specific purpose, sponsorship, and source from which the committee originates; and the registry shall refuse to allow filing by any committee until this requirement has been satisfied.
  2. Any person who acts as a fundraiser by directly soliciting contributions for an election campaign of a candidate or slate of candidates for statewide-elected state office or an office in a jurisdiction containing in excess of two hundred thousand (200,000) residents shall register with the registry when he or she raises in excess of three thousand dollars ($3,000) in any one (1) election for the campaign committee by filing official notice giving his or her name, address, occupation, employer or, if he or she is self-employed, the name under which he or she is doing business, and all candidates or slates of candidates for whom he or she is soliciting on forms prescribed by the registry. A registered fundraiser shall comply with the campaign finance reporting requirements of KRS 121.180(3), (4), and (5).
  3. All provisions of KRS 121.160 governing the duties and responsibilities of a candidate, slate of candidates, or campaign treasurer shall apply to a registered committee, except a federally registered out-of-state permanent committee, and a person acting as a campaign fundraiser. In case of the death, resignation, or removal of a campaign treasurer for a permanent committee or executive committee, the chairperson of the permanent committee or executive committee shall, within three (3) days after receiving notice of the vacancy by certified mail, appoint a successor as treasurer for the committee and file the name and address of the successor with the registry. The chairperson of the permanent committee or executive committee shall be accountable as the treasurer for the committee if the chairperson fails to meet this filing requirement.
  4. The chairperson of a committee and the campaign treasurer shall be separate persons.
  5. Any federally registered out-of-state permanent committee that contributes to a Kentucky candidate or a slate of candidates shall:
    1. File with the registry a copy of its federal registration (Federal Election Commission Form 1 - Committee Registration Form);
    2. File with the registry a copy of the Federal Election Commission finance report when a contribution is made to a Kentucky candidate or a slate of candidates; and
    3. Contribute not more than the maximum amount permitted for a permanent committee to make under Kentucky law to any candidate or to any slate of candidates for any office in this Commonwealth.
  6. Notwithstanding any provision of law to the contrary, a contribution made by a federally registered permanent committee to any candidate or to any slate of candidates for any office in this Commonwealth that complies with the provisions of 2 U.S.C. sec. 441 b, 11 C.F.R. sec. 104.10, 11 C.F.R. sec. 106.6, and 11 C.F.R. sec. 114.1-114.12 regarding limitations on contributions by corporations shall be deemed to comply with the campaign finance laws of this Commonwealth prohibiting corporate contributions to candidates or slates of candidates.
  7. The organization, formation, or registration of a permanent committee by any member of the General Assembly shall be prohibited.
  8. The official contact person of a permanent committee shall not be a legislative agent as defined in KRS 6.611 or an executive agency lobbyist as defined in KRS 11A.201 .

History. Enact. Acts 1974, ch. 130, § 189; 1980, ch. 292, § 7, effective July 15, 1980; 1986, ch. 100, § 6, effective July 15, 1986; 1988, ch. 341, § 45, effective July 15, 1988; 1992, ch. 288, § 27, effective July 14, 1992; 1993 (1st Ex. Sess.), ch. 4, § 59, effective January 1, 1994; 1994, ch. 458, § 10, effective July 15, 1994; 1996, ch. 153, § 6, effective July 15, 1996; 1996, ch. 179, § 2, effective July 15, 1996; 1998, ch. 599, § 2, effective July 15, 1998; 2005, ch. 105, § 6, effective March 16, 2005; 2011, ch. 51, § 2, effective June 8, 2011.

NOTES TO DECISIONS

1. Limitation of Actions.

Where a committee which had never registered with the registry of election finance had received and disbursed funds for political candidates for almost two years and was still disbursing funds less than one year prior to indictment of its members, prosecution for violation of this section was not barred by the one-year limitation statute (former KRS 123.991 ). Commonwealth v. Litzelswope, 528 S.W.2d 707, 1975 Ky. LEXIS 80 ( Ky. 1975 ) (decided under prior law).

Cited:

Naegele Outdoor Advertising Co., Div. of Naegele, Inc. v. Moulton, 773 F.2d 692, 1985 U.S. App. LEXIS 23280 (6th Cir. 1985), cert. denied, 475 U.S. 1121, 106 S. Ct. 1639, 90 L. Ed. 2d 184, 1986 U.S. LEXIS 1890 (1986).

Opinions of Attorney General.

Unless or until the General Assembly specifically requires the local governing authority of each political party to register as a campaign committee by amending and clarifying not only the definition section but also the provisions of this section, these local governing authorities of the two major parties are not required to register with the Registry of Election Finance as campaign committees pursuant to this section. OAG 84-32 .

Research References and Practice Aids

Kentucky Law Journal.

Note, PACS in Kentucky: Regulating the Permanent Committees, 76 Ky. L.J. 1011 (1987-88).

121.170. Registration of committees and fundraisers — Information required — Permanent committee by member of General Assembly prohibited — Official contact person. [Effective July 15, 2020]

  1. Any committee, except a federally registered out-of-state permanent committee, organized under any provisions of this chapter shall register with the registry, by filing official notice of intention at the time of organization, giving names, addresses, and positions of the officers of the organization, identifying an official contact person of the committee, and designating the candidate or candidates, slate of candidates, or question it is organized to support or oppose on forms prescribed by the registry; except that no campaign committee for a slate of candidates for Governor and Lieutenant Governor shall be registered prior to the filing of a certificate or petition of nomination for the candidate for Governor under KRS 118.365 . No entity which is excluded from the definition of “campaign committee” established in KRS 121.015(3)(a) shall be required to register as a committee with the registry. The name of the committee shall reasonably identify to the public the sponsorship and purpose of the committee. The forms filed with the registry shall require the registrant to clearly identify the specific purpose, sponsorship, and source from which the committee originates; and the registry shall refuse to allow filing by any committee until this requirement has been satisfied.
  2. Any person who acts as a fundraiser by directly soliciting contributions for an election campaign of a candidate or slate of candidates for statewide-elected state office or an office in a jurisdiction containing in excess of two hundred thousand (200,000) residents shall register with the registry when he or she raises in excess of three thousand dollars ($3,000) in any one (1) election for the campaign committee by filing official notice giving his or her name, address, occupation, employer or, if he or she is self-employed, the name under which he or she is doing business, and all candidates or slates of candidates for whom he or she is soliciting on forms prescribed by the registry. A registered fundraiser shall comply with the campaign finance reporting requirements of KRS 121.180(3), (4), and (5).
  3. All provisions of KRS 121.160 governing the duties and responsibilities of a candidate, slate of candidates, or campaign treasurer shall apply to a registered committee, except a federally registered out-of-state permanent committee, and a person acting as a campaign fundraiser. In case of the death, resignation, or removal of a campaign treasurer for a permanent committee or executive committee, the chairperson of the permanent committee or executive committee shall, within three (3) days after receiving notice of the vacancy by certified mail, appoint a successor as treasurer for the committee and file the name and address of the successor with the registry. The chairperson of the permanent committee or executive committee shall be accountable as the treasurer for the committee if the chairperson fails to meet this filing requirement.
  4. The chairperson of a committee and the campaign treasurer shall be separate persons.
  5. Any federally registered out-of-state permanent committee that contributes to a Kentucky candidate or a slate of candidates shall:
    1. File with the registry a copy of its federal registration (Federal Election Commission Form 1 - Committee Registration Form);
    2. File with the registry a copy of the Federal Election Commission finance report when a contribution is made to a Kentucky candidate or a slate of candidates; and
    3. Contribute not more than the maximum amount permitted for a permanent committee to make under Kentucky law to any candidate or to any slate of candidates for any office in this Commonwealth.
  6. Notwithstanding any provision of law to the contrary, a contribution made by a federally registered permanent committee to any candidate or to any slate of candidates for any office in this Commonwealth that complies with the provisions of 2 U.S.C. sec. 441 b, 11 C.F.R. sec. 104.10, 11 C.F.R. sec. 106.6, and 11 C.F.R. sec. 114.1-114.12 regarding limitations on contributions by corporations shall be deemed to comply with the campaign finance laws of this Commonwealth prohibiting corporate contributions to candidates or slates of candidates.
  7. The organization, formation, or registration of a permanent committee by any member of the General Assembly shall be prohibited.
  8. The official contact person of a permanent committee shall not be a legislative agent as defined in KRS 6.611 or an executive agency lobbyist as defined in KRS 11A.201 .

HISTORY: Enact. Acts 1974, ch. 130, § 189; 1980, ch. 292, § 7, effective July 15, 1980; 1986, ch. 100, § 6, effective July 15, 1986; 1988, ch. 341, § 45, effective July 15, 1988; 1992, ch. 288, § 27, effective July 14, 1992; 1993 (1st Ex. Sess.), ch. 4, § 59, effective January 1, 1994; 1994, ch. 458, § 10, effective July 15, 1994; 1996, ch. 153, § 6, effective July 15, 1996; 1996, ch. 179, § 2, effective July 15, 1996; 1998, ch. 599, § 2, effective July 15, 1998; 2005, ch. 105, § 6, effective March 16, 2005; 2011, ch. 51, § 2, effective June 8, 2011; 2020 ch. 88, § 11, effective July 15, 2020.

121.172. State political party building fund account — Permitted and prohibited expenditures — Exclusive designation of contributions — Information provided to potential contributors — Separate bank account required — Reports of contributions and expenditures.

  1. A state executive committee of a political party may establish a building fund account. The registry shall promulgate administrative regulations, in accordance with KRS Chapter 13A, necessary to implement this section.
  2. A building fund account established under this section may be used for expenditures related to the purchase, construction, maintenance, renovation, and repair of the state executive committee’s main headquarters facility. Permissible expenditures from a building fund account shall be limited to payments for or purchases of:
    1. Land;
    2. Leases and property taxes;
    3. Appliances and fixtures;
    4. Utilities, pest control, lawn care, security, and trash removal;
    5. Equipment for Internet, telephone, cable or satellite television, or other communications services;
    6. Building construction, expansion, or renovation;
    7. Major and minor repairs to the state executive committee’s main headquarters facility, including but not limited to the facility’s roof, foundation, and structure, and to the facility’s plumbing, HVAC, and electrical systems; and
    8. The services of contractors, subcontractors, and other building design or construction professionals related to the state executive committee’s main headquarters facility.
  3. A building fund account established under this section shall not be used to advocate for or against the election or defeat of a clearly identified candidate or a ballot measure or for issue advocacy.
  4. Prohibited expenditures from a building fund account include:
    1. Money or in-kind contributions to a federal, state, or local candidate or slate of candidates;
    2. Money or in-kind contributions to a state or local committee; and
    3. Money or in-kind contributions to advocate for or against the election or defeat of a clearly identified candidate or a ballot measure or for issue advocacy.
  5. Contributions solicited and accepted by a state executive committee for a building fund account established under this section shall be designated as being exclusively for the state executive committee’s building fund account.
  6. The state executive committee shall advise all potential contributors to a building fund account established under this section that funds contributed will be used exclusively for the building fund account and will not be used to advocate for or against the election or defeat of a clearly identified candidate or a ballot measure or for issue advocacy.
  7. For any building fund account established under this section, a state executive committee shall establish a separate bank account into which all contributions shall be deposited, and no other contributions shall be commingled with building fund account contributions.
  8. A state executive committee shall report all contributions to and expenditures from a building fund account to the Registry of Election Finance on a quarterly basis, as required by KRS 121.180 .

HISTORY: 2017 ch. 122, § 4, effective June 29, 2017.

121.175. Allowable campaign expenditures — Administrative regulations — Penalties.

  1. No candidate, committee, or contributing organization shall permit funds in a campaign account to be expended for any purpose other than for allowable campaign expenditures. “Allowable campaign expenditures” means expenditures including reimbursement for actual expenses, made directly and primarily in support of or opposition to a candidate, constitutional amendment, or public question which will appear on the ballot and includes, but is not limited to, expenditures for staff salaries, gifts and meals for volunteer campaign workers, food and beverages provided at a campaign rally, advertising, office space, necessary travel, campaign paraphernalia, purchases of advertisements in athletic and scholastic publications, communications with constituents or prospective voters, polling and consulting, printing, graphic arts, or advertising services, postage, office supplies, stationery, newsletters, and equipment which is used primarily for the administration of the campaign. “Allowable campaign expenditures” does not include expenditures of funds in a campaign account for any purpose made unlawful by other provisions of the Kentucky Revised Statutes or which would bestow a private pecuniary benefit, except for payment of the reasonable value of goods and services provided upon a candidate, member of the candidate’s family, committee, or contributing organization, or any of their employees, paid or unpaid, including: tickets to an event which is unrelated to a political campaign or candidacy; items of personal property for distribution to prospective voters except items bearing the name, likeness, or logo of a candidate or a campaign-related communication; expenditures to promote or oppose a candidacy for a leadership position in a governmental, professional, or political organization, or other entity; and equipment or appliances the primary use of which is for purposes outside of the campaign. The provisions of KRS 121.190 notwithstanding, a candidate shall not be required to include a disclaimer on campaign stationery purchased with funds from his campaign account. A member of the General Assembly may utilize funds in his campaign account to purchase admission tickets for political party functions and caucus campaign committee functions, to purchase items with a value of not in excess of one hundred dollars ($100) for donation to a political party or caucus campaign committee for auctions and fundraisers, and to participate in or support other events sponsored by a political party or caucus campaign committee. A member of the General Assembly may make allowable campaign expenditures in both election years and nonelection years.
  2. By December 31, 1993, the registry shall promulgate administrative regulations to implement and enforce the provisions of subsection (1).
  3. In lieu of the penalties provided in KRS 121.140 and 121.990 for a violation of this section, the registry may, after hearing:
    1. For a violation which was not committed knowingly, order the violator to repay the amount of campaign funds which were expended for other than allowable campaign expenditures, and if not repaid within thirty (30) days, may impose a fine of up to one hundred dollars ($100) for each day the amount is not repaid, up to a maximum fine of one thousand dollars ($1,000); and
    2. For a violation which was committed knowingly, in addition to referring the matter for criminal prosecution, order the violator to repay the amount of campaign funds which were expended for other than allowable campaign expenditures, and if not repaid within thirty (30) days, may impose a fine of up to one hundred dollars ($100) for each day the amount is not repaid, up to a maximum fine of one thousand dollars ($1,000).

History. Enact. Acts 1993 (1st Ex. Sess.), ch. 4, § 63, effective November 3, 1993; 1994, ch. 458, § 11, effective July 15, 1994; 1994, ch. 479, § 7, effective July 15, 1994; 2005, ch. 105, § 7, effective March 16, 2005.

Compiler’s Notes.

Subsection (1) of § 88 of Acts 1993 (1st Ex. Sess.), Ch. 4 provided that this section would become effective November 3, 1993; however, subsection (2) of § 88 provided that “notwithstanding the provisions of subsection (1)” KRS 121.175 “as amended by this Act shall not apply to the primary and regular elections held in 1993”.

Research References and Practice Aids

Kentucky Law Journal.

Notes, Campaign Finance Reform in Kentucky: The Race for Governor, 85 Ky. L.J. 723 (1996-97).

121.180. Request for exemption from campaign finance reporting requirements — Reports required of committees and treasurers — Penalties — Use of campaign funds — Prohibited uses — Disposition of unexpended campaign funds — Electronic reporting — “No change since last report” designation.

    1. Any candidate, slate of candidates, or political issues committee shall be exempt from filing any campaign finance reports required by subsections (3) and (4) of this section if the candidate, slate of candidates, or political issues committee chair files a form prescribed and furnished by the registry stating that currently no contributions have been received and that contributions will not be accepted or expended in excess of three thousand dollars ($3,000) in any one (1) election. A separate form shall be required for each primary, regular, or special election in which the candidate or slate of candidates participates or in which the public question appears on the ballot, unless the candidate, slate of candidates, or political issues committee chair indicates on a request for exemption that the request will be applicable to more than one (1) election. The form shall be filed with the same office with which a candidate or slate of candidates files nomination papers or, in the case of a political issues committee, with the registry. (1) (a) Any candidate, slate of candidates, or political issues committee shall be exempt from filing any campaign finance reports required by subsections (3) and (4) of this section if the candidate, slate of candidates, or political issues committee chair files a form prescribed and furnished by the registry stating that currently no contributions have been received and that contributions will not be accepted or expended in excess of three thousand dollars ($3,000) in any one (1) election. A separate form shall be required for each primary, regular, or special election in which the candidate or slate of candidates participates or in which the public question appears on the ballot, unless the candidate, slate of candidates, or political issues committee chair indicates on a request for exemption that the request will be applicable to more than one (1) election. The form shall be filed with the same office with which a candidate or slate of candidates files nomination papers or, in the case of a political issues committee, with the registry.
    2. For a primary, a candidate or slate of candidates shall file a request for exemption not later than the deadline for filing nomination papers and, except as provided in subparagraph 2. of paragraph (c) of this subsection, shall be bound by its terms unless it is rescinded in writing not later than thirty (30) days preceding the primary. For a regular election, a candidate or slate of candidates shall file or rescind in writing a request for exemption not later than sixty (60) days preceding the regular election, except as provided in subparagraph 2. of paragraph (c) of this subsection. For a special election, a candidate or slate of candidates shall file a request for exemption not later than ten (10) days after the candidate or slate of candidates is nominated for a special election and shall be bound by its terms unless it is rescinded in writing not later than thirty (30) days preceding the special election. A political issues committee chair shall file a request for exemption when the committee registers with the registry and shall be bound by its terms unless it is rescinded in writing not later than thirty (30) days preceding the date the issue appears on the ballot.
      1. A candidate or slate of candidates that revokes a request for exemption in a timely manner shall file all reports required of a candidate intending to raise or spend in excess of three thousand dollars ($3,000) in an election. To revoke the request for an exemption, the candidate or slate of candidates shall file the appropriate form with the registry not later than the deadline for filing a revocation. (c) 1. A candidate or slate of candidates that revokes a request for exemption in a timely manner shall file all reports required of a candidate intending to raise or spend in excess of three thousand dollars ($3,000) in an election. To revoke the request for an exemption, the candidate or slate of candidates shall file the appropriate form with the registry not later than the deadline for filing a revocation.
      2. A candidate or slate of candidates that is exempted from campaign finance reporting requirements pursuant to paragraph (a) of this subsection but who accepts contributions or makes expenditures in excess of the exempted amount in an election, shall file all applicable reports required for the remainder of that election, based upon the amount of contributions or expenditures the candidate or slate of candidates accepts or receives in that election. The filing of applicable required reports by a candidate or slate of candidates after the exempted amount is exceeded shall serve as notice to the registry that the initial exemption has been rescinded. No further notice to the registry shall be required and no penalty for exceeding the initial exempted amount shall be imposed against the candidate or slate of candidates, except for failure to file applicable reports required after the exempted amount is exceeded.
    3. Any candidate or slate of candidates that is subject to a June or August filing deadline and that intends to execute a request for exemption shall file the appropriate request for exemption not later than the filing deadline and, except as provided in subparagraph 2. of paragraph (c) of this subsection, shall be bound by its terms unless it is rescinded in writing not later than sixty (60) days preceding the regular election. A candidate or slate of candidates that is covered by this paragraph shall have the same reversion rights as those provided in subparagraph 1. of paragraph (c) of this subsection.
    4. Any candidate or slate of candidates that will appear on the ballot in a regular election that has signed a request for exemption for that election may exercise the reversion rights provided in subparagraph 1. of paragraph (c) of this subsection if a candidate or slate of candidates that is subject to a June or August filing deadline subsequently files in opposition to the candidate or slate of candidates. Except as provided in subparagraph 2. of paragraph (c) of this subsection, a candidate or slate of candidates covered by this paragraph shall comply with the deadline for rescission provided in subparagraph 1. of paragraph (c) of this subsection.
    5. Except as provided in subparagraph 2. of paragraph (c) of this subsection, any candidate or slate of candidates that has filed a request for exemption for a regular election that later is opposed by a person who has filed a declaration of intent to receive write-in votes may rescind the request for exemption and exercise the reversion rights provided in subparagraph 1. of paragraph (c) of this subsection.
    6. Any candidate or slate of candidates that has filed a request for exemption may petition the registry to determine whether another person is campaigning as a write-in candidate prior to having filed a declaration of intent to receive write-in votes, and, if the registry determines upon a preponderance of the evidence that a person who may later be a write-in candidate is conducting a campaign, the candidate or slate of candidates, except as provided in subparagraph 2. of paragraph (c) of this subsection, may petition the registry to permit the candidate or slate of candidates to exercise the reversion rights provided in subparagraph 1. of paragraph (c) of this subsection.
    7. If the opponent of a candidate or slate of candidates is replaced due to his or her withdrawal because of death, disability, or disqualification, the candidate or slate of candidates, except as provided in subparagraph 2. of paragraph (c) of this subsection, may exercise the reversion rights provided in subparagraph 1. of paragraph (c) of this subsection not later than fifteen (15) days after the party executive committee nominates a replacement for the withdrawn candidate or slate of candidates.
    8. A person intending to be a write-in candidate for any office in a regular or special election may execute a request for exemption under paragraph (a) of this subsection and shall be bound by its terms unless it is rescinded in writing not later than fifteen (15) days preceding the regular or special election. A person intending to be a write-in candidate who revokes a request for exemption in a timely manner shall file all reports required of a candidate intending to raise or spend in excess of three thousand dollars ($3,000) in an election. Except as provided in subparagraph 2. of paragraph (c) of this subsection, a person intending to be a write-in candidate who revokes a request for exemption shall file the appropriate form with the registry.
    9. Except as provided in subparagraph 2. of paragraph (c) of this subsection, the campaign committee of any candidate or slate of candidates that has filed a request for exemption or a political issues committee whose chair has filed a request for exemption shall be bound by its terms unless it is rescinded in a timely manner.
      1. Except as provided in subparagraph 2. of paragraph (c) of this subsection, any candidate, slate of candidates, or political issues committee that is exempt from filing campaign finance reports pursuant to paragraph (a), (d), or (i) of this subsection that accepts contributions or makes expenditures, or whose campaign treasurer accepts contributions or makes expenditures, in excess of the applicable limit in any one (1) election without rescinding the request for exemption in a timely manner shall comply with all applicable reporting requirements and, in lieu of other penalties prescribed by law, pay a fine of not less than five hundred dollars ($500). (k) 1. Except as provided in subparagraph 2. of paragraph (c) of this subsection, any candidate, slate of candidates, or political issues committee that is exempt from filing campaign finance reports pursuant to paragraph (a), (d), or (i) of this subsection that accepts contributions or makes expenditures, or whose campaign treasurer accepts contributions or makes expenditures, in excess of the applicable limit in any one (1) election without rescinding the request for exemption in a timely manner shall comply with all applicable reporting requirements and, in lieu of other penalties prescribed by law, pay a fine of not less than five hundred dollars ($500).
      2. Except as provided in subparagraph 2. of paragraph (c) of this subsection, a candidate, slate of candidates, campaign committee, or political issues committee that is exempt from filing campaign finance reports pursuant to paragraph (a), (d), or (i) of this subsection that knowingly accepts contributions or makes expenditures in excess of the applicable spending limit in any one (1) election without rescinding the request for exemption in a timely manner shall comply with all applicable reporting requirements and shall be guilty of a Class D felony.
    1. State and county executive committees, and caucus campaign committees shall make a full report, upon a prescribed form, to the registry, of all money, loans, or other things of value, received from any source, and expenditures authorized, incurred, or made, since the date of the last report, including: (2) (a) State and county executive committees, and caucus campaign committees shall make a full report, upon a prescribed form, to the registry, of all money, loans, or other things of value, received from any source, and expenditures authorized, incurred, or made, since the date of the last report, including:
      1. For each contribution of any amount made by a permanent committee, the name and business address of the permanent committee, the date of the contribution, the amount contributed, and a description of the major business, social, or political interest represented by the permanent committee;
      2. For other contributions in excess of one hundred dollars ($100), the full name, address, age if less than the legal voting age, the date of the contribution, the amount of the contribution, and the employer and occupation of each contributor. If the contributor is self-employed, the name under which he or she is doing business shall be listed;
      3. The total amount of cash contributions received during the reporting period; and
      4. A complete statement of expenditures authorized, incurred, or made. The complete statement of expenditures shall include the name and address of each person to whom an expenditure is made in excess of twenty-five dollars ($25), and the amount, date, and purpose of each expenditure.
    2. In addition to the reporting requirements in paragraph (a) of this subsection, the state executive committee of a political party that has established a building fund account under KRS 121.172 shall make a full report, upon a prescribed form, to the registry, of all contributions received from any source, and expenditures authorized, incurred, or made, since the date of the last report for the separate building fund account, including:
      1. For each contribution of any amount made by a corporation, the name and business address of the corporation, the date of the contribution, the amount contributed, and a description of the major business conducted by the corporation;
      2. For other contributions in excess of one hundred dollars ($100), the full name and address of the contributor, the date of the contribution, the amount of the contribution, and the employer and occupation of each contributor. If the contributor is self-employed, the name under which he or she is doing business shall be listed;
      3. The total amount of cash contributions received during the reporting period; and
      4. A complete statement of expenditures authorized, incurred, or made. The complete statement of expenditures shall include the name and address of each person to whom an expenditure is made in excess of twenty-five dollars ($25), and the amount, date, and purpose of each expenditure.
    3. The report required by paragraph (a) of this subsection shall be made on a semiannual basis and shall be received by the registry by January 31 and by July 31. The January report shall cover the period from July 1 to December 31. The July report shall cover the period from January 1 to June 30. If an individual gives a reportable contribution to a caucus campaign committee or to a state or county executive committee with the intention that the contribution or a portion of the contribution go to a candidate or slate of candidates, the name of the contributor and the sum shall be indicated on the committee report. The report required by paragraph (b) of this subsection relating to a state executive committee’s building fund account shall be received by the registry within two (2) business days after the close of each calendar quarter. The receipts and expenditures of funds remitted to each political party under KRS 141.071 to 141.073 shall be separately accounted for and reported to the registry in the manner required by KRS 121.230 . The separate report may be made a separate section within the report required by this subsection to be received by the registry by January 31.
    1. Except for candidates or slates of candidates, campaign committees, or political issues committees exempted from reporting requirements pursuant to subsection (1) of this section, each campaign treasurer of a candidate, slate of candidates, campaign committee, or political issues committee who accepts contributions or expends, expects to accept contributions or expend, or contracts to expend more than three thousand dollars ($3,000) in any one (1) election, and each fundraiser who secures contributions in excess of three thousand dollars ($3,000) in any one (1) election, shall make a full report to the registry, on a form provided or using a format approved by the registry, of all money, loans, or other things of value, received from any source, and expenditures authorized, incurred, and made, since the date of the last report, including: (3) (a) Except for candidates or slates of candidates, campaign committees, or political issues committees exempted from reporting requirements pursuant to subsection (1) of this section, each campaign treasurer of a candidate, slate of candidates, campaign committee, or political issues committee who accepts contributions or expends, expects to accept contributions or expend, or contracts to expend more than three thousand dollars ($3,000) in any one (1) election, and each fundraiser who secures contributions in excess of three thousand dollars ($3,000) in any one (1) election, shall make a full report to the registry, on a form provided or using a format approved by the registry, of all money, loans, or other things of value, received from any source, and expenditures authorized, incurred, and made, since the date of the last report, including:
      1. For each contribution of any amount made by a permanent committee, the name and business address of the permanent committee, the date of the contribution, the amount contributed, and a description of the major business, social, or political interest represented by the permanent committee;
      2. For each contribution in excess of one hundred dollars ($100) made to a candidate or slate of candidates for a statewide-elected state office, or to a campaign committee for a candidate or slate of candidates for a statewide-elected state office, the date, name, address, occupation, and employer of each contributor and the spouse of the contributor or, if the contributor or spouse of the contributor is self-employed, the name under which he or she is doing business, and the amount contributed by each contributor;
      3. For each contribution in excess of one hundred dollars ($100) made to any candidate or campaign committee other than those specified in subparagraph 2. of this paragraph or a political issues committee, the full name, address, age if less than the legal voting age, the date of the contribution, the amount of the contribution, and the employer and occupation of each other contributor. If the contributor is self-employed, the name under which he or she is doing business shall be listed;
      4. The total amount of cash contributions received during the reporting period; and
      5. A complete statement of all expenditures authorized, incurred, or made. The complete statement of expenditures shall include the name, address, and occupation of each person to whom an expenditure is made in excess of twenty-five dollars ($25), and the amount, date, and purpose of each expenditure.
    2. Reports of all candidates, slates of candidates, campaign committees, political issues committees, and registered fundraisers shall be made as follows:
      1. Candidates as defined in KRS 121.015(8), slates of candidates, candidate-authorized and unauthorized campaign committees, political issues committees, and fundraisers which register in the year before the year an election in which the candidate, a slate of candidates, or public question shall appear on the ballot, shall file financial reports with the registry at the end of the first calendar quarter after persons become candidates or slates of candidates, or following registration of the committee or fundraiser, and each calendar quarter thereafter, ending with the last calendar quarter of that year. Candidates, slates of candidates, committees, and registered fundraisers shall make all reports required by this section during the year in which the election takes place;
      2. All candidates, slates of candidates, candidate-authorized and unauthorized campaign committees, political issues committees, and registered fundraisers shall make reports on the sixtieth day preceding a regular election, including all previous contributions and expenditures;
      3. All candidates, slates of candidates, candidate-authorized and unauthorized campaign committees, political issues committees, and registered fundraisers shall make reports on the thirtieth day preceding an election, including all previous contributions and expenditures;
      4. All candidates, slates of candidates, candidate-authorized and unauthorized campaign committees, political issues committees, and registered fundraisers shall make reports on the fifteenth day preceding the date of the election; and
      5. All reports to the registry shall cover campaign activity during the entire reporting period and must be received by the registry within two (2) business days after the date the reporting period ends to be deemed timely filed.
  1. Except for candidates, slates of candidates, and political issues committees, exempted pursuant to subsection (1)(a) of this section, all candidates, regardless of funds received or expended, candidate-authorized and unauthorized campaign committees, political issues committees, and registered fundraisers shall make post- election reports within thirty (30) days after the election. All post-election reports to the registry shall cover campaign activity during the entire reporting period and must be received by the registry within two (2) business days after the date the reporting period ends to be deemed timely filed.
  2. In making the preceding reports, the total gross receipts from each of the following categories shall be listed: proceeds from the sale of tickets for events such as testimonial affairs, dinners, luncheons, rallies, and similar fundraising events, mass collections made at the events, and sales of items such as campaign pins, buttons, hats, ties, literature, and similar materials. When any individual purchase or the aggregate purchases of any item enumerated above from a candidate or slate of candidates for a statewide-elected state office or a campaign committee for a candidate or slate of candidates for a statewide-elected state office exceeds one hundred dollars ($100), the purchaser shall be identified by name, address, age, if less than the legal voting age, occupation, and employer and the employer of the spouse of the purchaser or, if the purchaser or the spouse of the purchaser is self- employed, the name under which he or she is doing business, and the amount of the purchase. When any individual purchase or the aggregate purchases of any item enumerated above from any candidate or campaign committee other than a candidate or slate of candidates for a statewide-elected state office or campaign committee for a candidate or slate of candidates for a statewide-elected state office exceeds one hundred dollars ($100), the purchaser shall be identified by name, address, age if less than the legal voting age, occupation, and employer, or if the purchaser is self-employed, the name under which he or she is doing business, and the amount of the purchase. The lists shall be maintained by the campaign treasurer, political issues committee treasurer, registered fundraiser, or other sponsor for inspection by the registry for six (6) years following the date of the election.
  3. Each permanent committee, except a federally registered permanent committee, inaugural committee, or contributing organization shall make a full report to the registry, on a form provided or using a format approved by the registry, of all money, loans, or other things of value, received by it from any source, and all expenditures authorized, incurred, or made, since the date of the last report, including:
    1. For each contribution of any amount made by a permanent committee, the name and business address of the permanent committee, the date of the contribution, the amount contributed, and a description of the major business, social, or political interest represented by the permanent committee;
    2. For other contributions in excess of one hundred dollars ($100), the full name, address, age if under the legal voting age, the date of the contribution, the amount of the contribution, and the employer and occupation of each contributor. If the contributor is self-employed, the name under which he or she is doing business shall be listed;
    3. An aggregate amount of cash contributions, the amount contributed by each contributor, and the date of each contribution; and
    4. A complete statement of all expenditures authorized, incurred, or made, including independent expenditures. This report shall be made by a permanent committee, inaugural committee, or contributing organization to the registry on the last day of the first calendar quarter following the registration of the committee with the registry and on the last day of each succeeding calendar quarter until such time as the committee terminates. A contributing organization shall file a report of contributions received and expenditures on a form provided or using a format approved by the registry not later than the last day of each calendar quarter in which contributions are received or expenditures are made. All reports to the registry shall be received on or before each filing deadline, and any report received by the registry within two (2) business days after each filing deadline shall be deemed timely filed.
  4. If the final statement of a candidate, campaign committee, or political issues committee shows an unexpended balance of contributions, continuing debts and obligations, or an expenditure deficit, the campaign treasurer shall file with the registry a supplemental statement of contributions and expenditures not more than thirty (30) days after the deadline for filing the final statement. Subsequent supplemental statements shall be filed annually, to be received by the registry by December 1 of each year, until the account shows no unexpended balance, continuing debts and obligations, expenditures, or deficit, or until the year before the candidate or a slate of candidates seeks to appear on the ballot for the same office for which the funds in the campaign account were originally contributed, in which case the candidate or a slate of candidates shall file the supplemental annual report by December 1 of that year or at the end of the first calendar quarter of that year after the candidate or slate of candidates files nomination papers for the next year’s primary or regular election. All post-election reports to the registry shall cover campaign activity during the entire reporting period and must be received by the registry within two (2) business days after the date the reporting period ends to be deemed timely filed. All contributions shall be subject to KRS 121.150 as of the date of the election in which the candidate appeared on the ballot.
  5. All reports filed under the provisions of this chapter shall be a matter of public record open to inspection by any member of the public immediately upon receipt of the report by the registry.
  6. A candidate or slate of candidates is relieved of the duty personally to file reports and keep records of receipts and expenditures if the candidate or slate states in writing or on forms provided by the registry that:
    1. Within five (5) business days after personally receiving any contributions, the candidate or slate of candidates shall surrender possession of the contributions to the treasurer of their principal campaign committee without expending any of the proceeds thereof. No contributions shall be commingled with the candidate’s or slated candidates’ personal funds or accounts. Contributions received by check, money order, or other written instrument shall be endorsed directly to the campaign committee and shall not be cashed or redeemed by the candidate;
    2. The candidate or slate of candidates shall not make any unreimbursed expenditure for the campaign, except that this paragraph does not preclude a candidate or slate from making an expenditure from personal funds to the designated principal campaign committee, which shall be reported by the committee as a contribution received; and
    3. The waiver shall continue in effect as long as the candidate or slate of candidates complies with the conditions under which it was granted.
  7. No candidate, slate of candidates, campaign committee, political issues committee, or contributing organization shall use or permit the use of contributions or funds solicited or received for the person or in support of or opposition to a public issue which will appear on the ballot to further the candidacy of the person for a different public office, to support or oppose a different public issue, or to further the candidacy of any other person for public office; except that nothing in this subsection shall be deemed to prohibit a candidate or slate of candidates from using funds in the campaign account to purchase admission tickets for any fundraising event or testimonial affair for another candidate or slate of candidates if the amount of the purchase does not exceed two hundred dollars ($200) per event or affair. Any funds or contributions solicited or received by or on behalf of a candidate, slate of candidates, or any committee, which has been organized in whole or in part to further any candidacy for the same person or to support or oppose the same public issue, shall be deemed to have been solicited or received for the current candidacy or for the election on the public issue if the funds or contributions are solicited or received at any time prior to the regular election for which the candidate, slate of candidates, or public issue is on the ballot. Any unexpended balance of funds not otherwise obligated for the payment of expenses incurred to further a political issue or the candidacy of a person shall, in whole or in part, at the election of the candidate or committee, escheat to the State Treasury, be returned pro rata to all contributors, or, in the case of a partisan candidate, be transferred to a caucus campaign committee, or to the state or county executive committee of the political party of which the candidate is a member except that a candidate, committee, or an official may retain the funds to further the same public issue or to seek election to the same office or may donate the funds to any charitable, nonprofit, or educational institution recognized under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended, and any successor thereto.
  8. If adequate and appropriate agency funds are available to implement this subsection, electronic reporting shall be made available by the registry to all candidates, slates of candidates, committees, contributing organizations, registered fundraisers, and persons making independent expenditures. The electronic report submitted to the registry shall be the official campaign finance report for audit and other legal purposes, whether mandated or filed by choice.
  9. Filers not required to file reports electronically, as set forth in this section, are strongly encouraged to do so voluntarily.
  10. The date that an electronic or on-line report shall be deemed to have been filed with the registry shall be the date on which it is received by the registry.
  11. All electronic or online filers shall affirm, under penalty of perjury, that the report filed with the registry is complete and accurate.
  12. Filers who submit electronic campaign finance reports which are not readable, or cannot be copied, or are not accompanied by any requisite paper copy shall be deemed to not be in compliance with the requirements set forth in this section.
  13. Beginning with the primary scheduled in calendar year 2020, and for each subsequent election scheduled thereafter, reports required to be submitted to the registry involving candidates, slates of candidates, committees, contributing organizations, and independent expenditures shall be reported electronically.
    1. On each paper and electronic form that the registry supplies for the reports required under subsections (2), (3), and (6) of this section, the registry shall include an entry reading, “No change since last report.” (17) (a) On each paper and electronic form that the registry supplies for the reports required under subsections (2), (3), and (6) of this section, the registry shall include an entry reading, “No change since last report.”
    2. If a person or entity that is required to report under subsection (2), (3), or (6) of this section has received no money, loans, or other things of value from any source since the date of its last report and has not authorized, incurred, or made any expenditures since that date, the person or entity may check or otherwise designate the entry that reads, “No change since last report.” A person or entity designating this entry in a report shall state the balance carried forward from the last report but need not specify receipts or expenditures in further detail.

History. Enact. Acts 1974, ch. 130, § 190; 1976, ch. 247, § 15; 1976, ch. 279, § 1; 1978, ch. 5, § 2, effective June 17, 1978; 1978, ch. 216, § 1, effective June 17, 1978; 1978, ch. 255, § 2, effective June 17, 1978; 1978, ch. 384, § 255, effective June 17, 1978; 1980, ch. 292, § 8, effective July 15, 1980; 1984, ch. 111, § 70, effective July 13, 1984; 1986, ch. 100, § 7, effective July 15, 1986; 1988, ch. 15, § 2, effective July 15, 1988; 1988, ch. 17, § 13, effective July 15, 1988; 1988, ch. 341, § 46, effective July 15, 1988; 1990, ch. 204, § 1, effective July 13, 1990; 1992, ch. 288, § 28, effective July 14, 1992; 1993 (1st Ex. Sess.), ch. 4, § 60, effective September 16, 1993; 1994, ch. 458, § 12, effective July 15, 1994; 1996, ch. 106, § 1, effective July 15, 1996; 1996, ch. 153, § 7, effective July 15, 1996; 1996, ch. 372, § 2, effective April 12, 1996; 1996, ch. 252, § 2, effective January 1, 1997; 1998, ch. 599, § 3, effective July 15, 1998; 2000, ch. 398, § 5, effective July 14, 2000; 2005, ch. 105, § 8, effective March 16, 2005; 2008, ch. 129, § 12, effective July 15, 2008; 2010, ch. 88, § 1, effective November 3, 2010; 2010, ch. 124, § 1, effective July 15, 2010; 2012, ch. 48, § 2, effective July 12, 2012; 2016 ch. 62, § 1, effective July 15, 2016; 2017 ch. 122, § 1, effective June 29, 2017; 2019 ch. 2, § 3, effective June 27, 2019.

Compiler’s Notes.

Section 62 of Acts 1992, ch. 288, provides: “The provisions of Section 25 [ KRS 121.150 ] and subsection (6)(b) of Section 28 [ KRS 121.180 ] of this Act relating to limitations on contributions and administrative fees on contributions to candidates by permanent committees, shall first apply to elections held and contributions made, respectively, after January 1, 1993. Subject to the limitations of subsection (6) of Section 8 [ KRS 121.180 ] of this Act, the balance a candidate has in his campaign account as of December 31, 1992 shall not be subject to the limitations of Section 25 [ KRS 121.150 ] of this Act and may be used for future campaign expenses.”

Legislative Research Commission Note.

(7/15/98). Previous references to “subparagraph (k)1. or 2. of this subsection” in subsection (1) of this statute were not changed to “subparagraph (l)1. or 2.” when the paragraphs of subsection (1) were relettered in 1998 Ky. Acts ch. 599, sec. 3, because of the addition of a new paragraph within the subsection. It is clear from context that this should have been done but that it was inadvertently overlooked. This omission has been corrected in codification under KRS 7.136(1)(e) and (h).

Research References and Practice Aids

Kentucky Law Journal.

Notes, Campaign Finance Reform in Kentucky: The Race For Governor, 85 Ky. L.J. 723 (1996-97).

121.190. Identification of contributors and advertisers.

  1. All  newspaper or magazine advertising, posters, circulars, billboards, handbills,  sample ballots, and paid-for television or radio announcements which expressly  advocate the election or defeat of a clearly identified candidate, slate of  candidates, or group of candidates for nomination or election to any public  office shall be identified by the words “paid for by” followed  by the name and address of the individual or committee which paid for the  communication; except that if paid for by a candidate, slate of candidates,  or campaign committee, it shall be identified only by the words “paid  for by” followed by the name of the candidate, slate of candidates,  or campaign committee, whichever is applicable. For television and radio broadcasts,  compliance with Federal Communications Commission regulations regarding sponsored  programs and broadcasts by candidates for public office shall be considered  compliance with this section.
  2. The  management of newspapers and magazines shall keep a one (1) year record of  all statements, articles, or advertisements referred to in subsection (1)  of this section, that appear in their publications, however, nothing in subsection  (1) of this section shall be construed to require editors or editorial writers  of newspapers and magazines to identify themselves in the manner therein required  with any article or editorial written by them as part of their duties as an  employee or employer.

History. Enact. Acts 1974, ch. 130, § 191; 1994, ch. 458, § 13, effective July 15, 1994; 1996, ch. 153, § 8, effective July 15, 1996.

NOTES TO DECISIONS

1. Sponsors’ Names and Addresses.

The requirement that campaign advertising and literature state the name and address of the sponsors promotes a fair and honest campaign and the First Amendment to the United States Constitution obviates the need for anonymity. Morefield v. Moore, 540 S.W.2d 873, 1976 Ky. LEXIS 39 ( Ky. 1976 ).

Subsection (1) of this section is not unduly restrictive and overbroad in its inclusion of posters, circulars, and handbills in a listing of communications which must bear the identity of their payor. Wilkinson v. Jones, 876 F. Supp. 916, 1995 U.S. Dist. LEXIS 1777 (W.D. Ky. 1995 ).

The identification provisions of subsection (1) of this section that campaign communications contain the language “paid for by” is narrowly tailored to meet the compelling state requirements of providing the electorate with sufficient information as to where campaign money is from and how it is spent, deterring actual corruption and the appearance of corruption by exposing large contributions and expenditures to the light of publicity and recordkeeping, reporting and disclosure to gather data necessary to detect violations of the contribution limitations inasmuch as they only require the identification of the payor. Wilkinson v. Jones, 876 F. Supp. 916, 1995 U.S. Dist. LEXIS 1777 (W.D. Ky. 1995 ).

The sponsorship of speech can properly be subject to disclosure when the speech is directed toward or intended for the support or defeat of a candidate, slate of candidates, or group of candidates for nomination or election to any public office. Wilkinson v. Jones, 876 F. Supp. 916, 1995 U.S. Dist. LEXIS 1777 (W.D. Ky. 1995 ).

2. — Posters, Circulars and Handbills.

Subsection (1) of this section is not unduly restrictive and overbroad in its inclusion of posters, circulars, and handbills in a listing of communications which must bear the identity of their payor. Wilkinson v. Jones, 876 F. Supp. 916, 1995 U.S. Dist. LEXIS 1777 (W.D. Ky. 1995 ).

3. Exemption for Bumper Stickers.

Though it would not be unreasonable to consider bumper stickers as a type of “poster,” their use has been so widespread and of such long standing that the General Assembly intended them to be excluded from the requirement of this section. Thomas v. Collinsworth, 606 S.W.2d 159, 1980 Ky. LEXIS 253 ( Ky. 1980 ).

4. Identification Disclaimer.

The identification disclaimer for independent expenditures contained in subsection (1) of this section is narrowly tailored toward achieving the goals of preventing actual and perceived corruption by immediately notifying the public of any possible allegiance a particular candidate may feel toward the publisher, and provides the registry with a method of detecting those expenditures which are not truly independent by providing a paper trial to detect violations by unscrupulous PACs routing expenditures through individuals. Therefore, plaintiffs First Amendment challenge to subsection (1) was rejected. Kentucky Right to Life v. Terry, 108 F.3d 637, 1997 FED App. 0088P, 1997 U.S. App. LEXIS 4004 (6th Cir. Ky.), cert. denied, 522 U.S. 860, 118 S. Ct. 162, 139 L. Ed. 2d 106, 1997 U.S. LEXIS 5334 (U.S. 1997).

Opinions of Attorney General.

A handbill or sample ballot prepared by a printer which did not include the disclaimer would not make the printer guilty of violating this section as the requirement to show who paid for such advertisement places the burden of inserting the disclaimer on such person, committee or organization that pays for the advertisement and in no way places the burden on the printer so that the penalty section of KRS 121.990 could not be invoked against a printer unless he paid for the advertisement. OAG 75-6 .

Although candidates for magisterial districts are excluded from reporting to the registry of election finance, such candidates must comply with provisions of this section. OAG 76-179 .

A candidate for the office of magistrate is exempt from complying with the requirements of the Corrupt Practices Act pursuant to KRS 121.100 (repealed) but such candidates must comply with this section requiring all political advertisements, with certain exceptions, to be identified by the words “paid for by” followed by the name and address of the payer or the committee on whose behalf the advertisement appears. OAG 77-148.

All candidates for public office regardless of the office they may seek must comply under KRS 121.100 (repealed) with the advertising requirements of this section and every advertisement of the types mentioned in the statute must be identified by the words “paid for by” following by the name and address of the payer or the committee, organization or association and its treasurer, on whose behalf the communication appears. OAG 81-10 .

KRS 121.160 , which requires candidates to designate at the time of their filing for office a campaign treasurer, is not applicable to those candidates running for magistrate or magistrate/representative; however, such candidates must comply with the identification requirements on their political advertisements as provided in this section. OAG 85-30 .

Research References and Practice Aids

Kentucky Bench & Bar.

Samford, Reforming Reform — Kentucky’s Campaign Finance Laws in Transition, Vol. 72, No. 4, July 2008, Ky. Bench & Bar 34.

Kentucky Law Journal.

Notes, Campaign Finance Reform in Kentucky: The Race for Governor, 85 Ky. L.J. 723 (1996-97).

121.200. Reports to be kept four years — Admissibility as evidence. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 130, § 192; 1986, ch. 100, § 8, effective July 15, 1986) was repealed by Acts 1992, ch. 288, § 60, effective July 14, 1992.

121.210. Central campaign committee — Designation — Duties — Unauthorized or disavowed campaign committee.

  1. Each candidate or slate of candidates may designate one (1) central campaign committee as a candidate-authorized campaign committee. If so designated, the central campaign committee shall receive all reports made by any other campaign committee authorized in writing by the candidate or slate of candidates to accept contributions or make expenditures for the purpose of influencing the nomination for election, or election, of the candidate or slate of candidates who designated a central campaign committee.
  2. Each statement or report which a candidate-authorized committee is required to file with or furnish to the registry shall, if that committee is not a central campaign committee, be furnished instead to the central campaign committee for the candidate on whose behalf that committee is, or is established for the purpose of, accepting contributions or making expenditures.
  3. Each central campaign committee shall receive all reports and statements filed with or furnished to it by other candidate-authorized committees, and shall consolidate and furnish the reports and statements to the registry, together with its own reports and statements as prescribed by KRS 121.180 .
  4. A campaign committee not authorized by, or which has been disavowed by the candidate, shall not include the name of the candidate as part of the committee’s name and shall file the reports and statements with the registry as prescribed in KRS 121.180 as an unauthorized campaign committee.

History. Enact. Acts 1974, ch. 253, § 7; 1980, ch. 292, § 9, effective July 15, 1980; 2019 ch. 2, § 4, effective June 27, 2019.

Research References and Practice Aids

Kentucky Law Journal.

Note, PACS in Kentucky: Regulating the Permanent Committees, 76 Ky. L.J. 1011 (1987-88).

121.220. Primary campaign depository — Secondary depository — Deposits — Statements.

  1. Each candidate, slate of candidates, and each committee shall, before receiving any contributions or expending any money, designate one (1) primary campaign depository for the purpose of depositing all contributions received and disbursing all expenditures made by the candidate, slate of candidates, or committee. The candidate, slate of candidates, or committee may also designate one (1) secondary depository in each county in which an election is held and in which the candidate, slate of candidates, or committee participates. Deputy campaign treasurers may make expenditures from secondary depositories but only from moneys which first have been deposited in the primary campaign depository. Only a financial institution authorized to transact business in Kentucky may be designated as a campaign depository. The candidate, slate of candidates, or committee shall file the name and address of each primary and secondary depository so designated at the same time the candidate, slate of candidates, or committee files the name of his or its campaign treasurer.
  2. All funds received by the campaign treasurer or any deputy campaign treasurer of any candidate, slate of candidates, or committee shall be deposited in a campaign depository in an account designated “Campaign Fund of (name of candidate or committee).” For each deposit, the campaign treasurer or deputy campaign treasurer shall retain a statement showing the name and business address of the permanent committee, the amount contributed, and a description of the major business, social, or political interest represented by the permanent committee for each contribution of any amount made by a permanent committee, and the full name, address, employer of each other contributor and the spouse of the contributor or, if the contributor or spouse of the contributor is self-employed, the name under which he is doing business, and occupation of each contributor of more than one hundred dollars ($100) and the amount contributed. Cash contributions shall be accompanied by the same receipt form.

History. Enact. Acts 1974, ch. 253, § 8; 1978, ch. 5, § 3, effective June 17, 1978; 1980, ch. 292, § 10, effective July 15, 1980; 1986, ch. 100, § 9, effective July 15, 1986; 1988, ch. 341, § 47, effective July 15, 1988; 1992, ch. 288, § 29, effective July 14, 1992; 1993 (1st Ex. Sess.), ch. 4, § 61, effective November 3, 1993; 2005, ch. 105, § 9, effective March 16, 2005.

Compiler’s Notes.

Subsection (1) of § 88 of Acts 1993 (1st Ex. Sess.), Ch. 4 provided that KRS 121.220 would become effective on November 3, 1993; however, subsection (2) of § 88 provided that “Notwithstanding the provisions of subsection (1)” KRS 121.220 “as amended by this Act shall not apply to the primary and regular elections held in 1993”.

Research References and Practice Aids

Kentucky Law Journal.

Note, PACS in Kentucky: Regulating the Permanent Committees, 76 Ky. L.J. 1011 (1987-88).

121.230. Use of portion of income tax designated to political party — Records and reports — Audit.

  1. No state or local governing authority of a political party to which funds are remitted under KRS 141.071 to 141.073 shall use such funds other than in support of the party’s candidates in a general election and for the administrative costs of maintaining a political party headquarters.
  2. Each state or local governing authority of a political party to which funds are remitted under KRS 141.071 to 141.073 shall deposit such funds in a bank account and shall report the amount of such funds received as a separate entry on its committee report. All expenditures from such remitted funds shall be by check. A copy of each canceled check written on the account of funds remitted under KRS 141.071 to 141.073 shall be retained by the state or local governing authority of the political party for a period of not less than four (4) years.
  3. The designated official of each state or local governing authority of a political party to which funds are remitted under KRS 141.071 to 141.073 shall maintain a current record of the receipts, balance, and expenditures of the funds so remitted. In addition, the official shall, by January 31 each year, forward to the Registry of Election Finance a report of:
    1. The unexpended and unobligated balance of such remitted funds; and
    2. An itemized listing of each expenditure authorized, incurred or made from such remitted funds, indicating the amount, date, and purpose of each expenditure, regardless of the amount, and the name, address, and occupation of each person to whom an expenditure of fifty dollars ($50) or more was made, since the date of the last report.
  4. The reports required by subsection (3) of this section shall be a matter of public record open to inspection by any member of the public immediately upon receipt of the report by the registry.
  5. The Registry of Election Finance may annually audit the accounts and records of receipts and expenditures of funds in the amount of one thousand five hundred dollars ($1,500) or less that are remitted to each state or local governing authority of a political party under KRS 141.071 to 141.073 . The registry shall annually audit the accounts and records of receipts and expenditures of funds in the amount of more than one thousand five hundred dollars ($1,500) that are remitted to each state or local governing authority of a political party under KRS 141.071 to 141.073 . The registry shall report the results of each audit conducted to the General Assembly. In the course of such audits, the registry or its authorized agents may ascertain the amount of such remitted funds on deposit in the separate bank account, required by subsection (2) of this section, of the political party audited and may audit the account on the books of the bank. No bank shall be liable for making available to the registry any of the information required under this section.

HISTORY: Enact. Acts 1978, ch. 255, § 1, effective June 17, 1978; 1980, ch. 292, § 11, effective July 15, 1980; 1982, ch. 167, § 3, effective January 1, 1983; 1996, ch. 372, § 3, effective April 12, 1996; 1998, ch. 599, § 5, effective July 15, 1998; 2017 ch. 122, § 3, effective June 29, 2017.

Prohibitions

121.310. Coercement of employee’s vote prohibited.

  1. No  person shall coerce or direct any employee to vote for any political party  or candidate for nomination or election to any office in this state, or threaten  to discharge any employee if he votes for any candidate, or discharge any  employee on account of his exercise of suffrage, or give out or circulate  any statement or report that employees are expected or have been requested  or directed by the employer, or by anyone acting for him, to vote for any  person, group of persons or measure.
  2. No  corporation organized or authorized to do business in this state shall influence  or attempt to influence, by bribe, favor, promise, inducement or otherwise,  the vote or suffrage of any employee of such corporation against or in favor  of any candidate, platform, principle or issue in any election held under  the laws of this state.

History. Enact. Acts 1974, ch. 130, § 193.

NOTES TO DECISIONS

1. Constitutionality.

Purpose of the statute was simply to prevent an employer from coercing his or her employees into voting a certain way; however, it placed an unconstitutional restriction on campaign speech that was protected by the First Amendment. State Registry of Election Fin. v. Blevins, 57 S.W.3d 289, 2001 Ky. LEXIS 157 ( Ky. 2001 ).

2. Lack of Evidence.

In the absence of evidence showing that the defendant had been involved in or consented to the alleged coercion of an employee of the sheriff’s office, there was no violation of the former Corrupt Practices Act established. Riddle v. Eaton, 447 S.W.2d 47, 1969 Ky. LEXIS 63 ( Ky. 1969 ) (decided under prior law).

121.320. Assessment of state or federal employee prohibited.

  1. No  person shall obtain or attempt to obtain money by assessment or coercion from  any state or federal employee with the purpose of using the money to promote  or aid the candidacy of any person, or any political party, or any question  to be voted upon by the voters of this state or any section or portion of  this state in any state, national, district, county, city or precinct election,  or primary election, or in securing delegates or in any manner where nominations  are to be made by convention. Every assessment and each act of coercion shall  constitute a separate offense.
  2. The  term “assessment,” as used in this section, means the fixing of  any amount, to be given in money by any employee, and the soliciting of that  amount or any amount in money from a person so assessed. The term “coercion,”  as used in this section, means any threat of discharging any employee for  failure to contribute any amount of money for campaign or political purposes,  or any attempt to force contribution of any amount of money for political  or campaign purposes by any influence, or discharging, demoting or reducing  the salary or wages of any employee for failure to contribute portions of  his salary or wages, or by putting such employee in fear in any manner.
  3. The  term “state or federal employee,” as used in this section, means  any person who holds any appointive office in any department of the state  or federal government, and who receives wages or salary for his work from  the funds of the state or the United States.

History. Enact. Acts 1974, ch. 130, § 194.

NOTES TO DECISIONS

1. Reverse Check-Off Procedure.

Reverse check-off procedure utilized by Kentucky Educators Public Affairs Council (KEPAC), an unincorporated political action committee established by the Kentucky Education Association (KEA), whereby contributions were deducted from KEA members’ paychecks unless the member affirmatively checked off that he declined to contribute, which system permitted a member to subsequently decide not to participate and obtain a refund, was neither coercion nor an assessment under this section, and sufficiently protected the rights of dissenting members; hence, order of the Kentucky Registry of Election Finance finding that KEPAC’s procedure violative of this section infringed on KEPAC’s first amendment rights to collect money for political purposes. Kentucky Educators Public Affairs Council v. Kentucky Registry of Election Finance, 677 F.2d 1125, 1982 U.S. App. LEXIS 19286 (6th Cir. Ky. 1982 ).

121.330. Restrictions on elected officials and their appointees in dealing with certain contributors and fundraisers.

  1. No  elected official or any of his appointees shall knowingly award any nonbid  contract with the governing authority which the elected official serves to  any entity whose officers or employees, or the spouses of officers or employees,  knowingly contributed in excess of five thousand dollars ($5,000) in the aggregate  in any one (1) election to the election campaign of the elected official during  the term of office following the election campaign in which the contributions  were made.
  2. No  entity whose officers or employees, or the spouses of officers or employees,  have knowingly contributed in excess of five thousand dollars ($5,000) in  the aggregate in any one (1) election to the election campaign of any elected  official shall knowingly receive any nonbid contract with the governing authority  which the elected official serves during the term of office following the  election campaign in which the contributions were made.
  3. No  elected official or any of his appointees shall knowingly award any nonbid  contract, lease, or appointment to any office or board with the governing  authority which the elected official serves to any person who has acted as  a fundraiser by directly soliciting contributions to the election campaign  of the elected official who secured in excess of thirty thousand dollars ($30,000)  in contributions in the aggregate in any one (1) election for the election  campaign, or to his immediate family, employer, or employee, during the term  of office following the election campaign in which the contributions were  made, nor shall any award of a nonbid contract or lease with the governing  authority knowingly be made to the entity in which the person has an interest  during the term of office following the election campaign in which the contributions  were made.
  4. No  person who has acted as a fundraiser by directly soliciting contributions  for the election campaign of an elected official who secured in excess of  thirty thousand dollars ($30,000) in contributions in the aggregate in any  one (1) election for the election campaign, nor his immediate family, employer,  or employee, shall knowingly receive any nonbid contract, lease, or appointment  to any office or board with the governing authority which the elected official  serves during the term of office following the election campaign in which  the contributions were made, nor shall an entity in which the person has an  interest knowingly receive a nonbid contract or lease with the governing authority  during the term of office following the election campaign in which the contributions  were made.
  5. For  the purposes of this section, “entity” means any person, sole  proprietorship, partnership, unincorporated association, unincorporated company,  joint stock company, public service corporation, professional services corporation,  corporation, or any other business organization.
  6. For  the purposes of this section, “immediate family” means the spouse  of the person, the parent of the person or spouse, or the child of the person  or spouse.
  7. For  the purposes of this section, “governing authority” means the  elected legislative, executive, and judicial officers charged with the administration  of the affairs of the political subdivision which they serve.

History. Enact. Acts 1992, ch. 288, § 16, effective July 14, 1992.

Compiler’s Notes.

Section 63 of Acts 1992, ch. 288, provides: “The provisions of Sections 16 and 24 of this Act shall first apply to any appointment to any state office or position made by gubernatorial appointment, lease or any contract with the Commonwealth awarded during the term of office of the Governor elected at the November 1995 election. Any restriction on the receipt of an appointment or contract by the provisions of KRS 121.056 as it existed prior to its amendment by Section 24 of this Act shall remain operative for the term of office of the Governor elected at the November 1991 election.”

Research References and Practice Aids

Kentucky Law Journal.

Notes, Campaign Finance Reform in Kentucky: The Race For Governor, 85 Ky. L.J. 723 (1996-97).

121.990. Penalties.

  1. Any corporation or any officer, agent, attorney, or employee of a corporation, who knowingly violates any of the provisions of KRS 121.025 , shall be fined not more than ten thousand dollars ($10,000), and, in the case of individuals, be guilty of a Class D felony.
  2. Any corporation that knowingly violates any of the provisions of KRS 121.035(1) or KRS 121.310(2) shall be fined not more than ten thousand dollars ($10,000) for each offense, and upon conviction its charter shall be forfeited or its authority to do business revoked.
  3. Any person who knowingly violates any of the provisions of KRS 121.035(2), 121.045 , 121.055 , 121.150 to 121.230 , 121.310(1), or 121.320 shall, for each offense, be guilty of a Class D felony. Violations of KRS 121.150 to 121.230 shall include, but shall not be limited to, any of the following acts or omissions:
    1. Failure to make required reports or to file reports at times specified;
    2. Making any false statement or report;
    3. Giving money under a fictitious name; or
    4. Making any communication in violation of KRS 121.190(1).
  4. The nomination for, or election to, an office of any candidate or slate of candidates who knowingly violates any provision of KRS 121.150 to 121.220 , or whose campaign treasurer knowingly violates any provision of KRS 121.150 to 121.220 , with the knowledge of that candidate or slate of candidates, shall be void, and, upon a final judicial determination of guilt, the office shall be declared vacant and the officeholder shall forfeit all benefits which he would have been entitled to receive had he continued to serve, and the office or candidacy shall be filled as provided by law for the filling of a vacancy. An action to declare a vacancy under this subsection may be brought by the registry, the Attorney General, any candidate or slate of candidates for the office sought to be declared vacant, or any qualified voter.
  5. The Attorney General, Commonwealth’s attorney, the registry, or any qualified voter may sue for injunctive relief to compel compliance with the provisions of KRS 121.056 and KRS 121.120 to 121.230 .
  6. The Commonwealth’s attorney or county attorney for the county in which the candidate or slated candidates reside shall be the chief prosecutor upon receipt of a written request from the registry and shall prosecute any violator under this chapter. In the event he fails or refuses to prosecute a violator, upon written request from the registry, the Attorney General shall appoint a special prosecutor with full authority to carry out the provisions of this section.
  7. Any officeholder who knowingly violates the provisions of KRS 121.150(12) shall, upon a final judicial determination of guilt, have his office declared vacant and shall forfeit all benefits which he would have been entitled to receive had he continued to serve.
  8. Any Governor or any gubernatorial appointee who knowingly appoints, approves the appointment, or participates in the appointing of any person to any appointive state office or position in violation of KRS 121.056(1) shall be guilty of a Class D felony and, upon a final judicial determination of guilt, have his office declared vacant and shall forfeit all benefits which he would have been entitled to receive had he continued to serve.
  9. Any person who knowingly receives an appointment to any appointive state office or position in violation of KRS 121.056(1) shall be guilty of a Class D felony and, upon a final judicial determination of guilt, have his office declared vacant, forfeit all benefits which he would have been entitled to receive, and shall be ineligible to receive an appointment to a state office or position for a period of five (5) years from the date of a final judicial determination of guilt.
  10. Any elected or appointed state officeholder who knowingly awards or participates in the awarding of a contract with the Commonwealth of Kentucky to a person or entity in violation of KRS 121.056(2) shall be guilty of a Class D felony and, upon a final judicial determination of guilt, have his office declared vacant and shall forfeit all benefits which he would have been entitled to receive had he continued to serve.
  11. Any person or entity who knowingly receives a contract with the Commonwealth of Kentucky in violation of KRS 121.056(2) shall be guilty of a Class D felony. Upon conviction, the contract shall be canceled, and the person or entity convicted shall be ineligible to receive a contract with the Commonwealth of Kentucky for a period of five (5) years from the date of a final judicial determination of guilt.
  12. Any person who knowingly violates any of the provisions of KRS 121.056(3) shall be guilty of a Class D felony.
  13. Any person who knowingly fails to pay a civil penalty, assessed by the registry or a judicial panel pursuant to KRS 121.140 for violation of campaign finance laws, shall be disqualified from filing for public office until such penalty is paid or the registry rules that settlement has otherwise been made.
  14. Any elected official who knowingly awards or participates in the awarding of a nonbid contract or whose appointee knowingly awards or participates in the awarding of a nonbid contract in violation of KRS 121.330(1) shall be guilty of a Class D felony and, upon a final judicial determination of guilt, have his office declared vacant and shall forfeit all benefits which he would have been entitled to receive had he continued to serve.
  15. Any entity who knowingly receives a nonbid contract with a governing authority in violation of KRS 121.330(2) shall be guilty of a Class D felony. Upon conviction, the nonbid contract shall be canceled, and the entity convicted shall be ineligible to receive a nonbid contract with a governing authority for a period of five (5) years from the date of final judicial determination of guilt.
  16. Any elected official who knowingly awards or participates in awarding of a nonbid contract, lease, or appointment to an office or board or whose appointee knowingly awards or participates in the awarding of a nonbid contract, lease, or appointment to an office or board in violation of KRS 121.330(3) shall be guilty of a Class D felony and, upon a final judicial determination of guilt, have his office declared vacant and shall forfeit all benefits which he would have been entitled to receive had he continued to serve.
    1. Any fundraiser who knowingly receives a nonbid contract, lease, or appointment to an office or board or any entity in which he has an interest who knowingly receives a nonbid contract or lease in violation of KRS 121.330(4) shall be guilty of a Class D felony; (17) (a) Any fundraiser who knowingly receives a nonbid contract, lease, or appointment to an office or board or any entity in which he has an interest who knowingly receives a nonbid contract or lease in violation of KRS 121.330(4) shall be guilty of a Class D felony;
    2. Any immediate family member, employer, or employee of a fundraiser who knowingly receives a nonbid contract, lease, or appointment to an office or board in violation of KRS 121.330(4) shall be guilty of a Class D felony; and
    3. Upon conviction, the nonbid contract, lease, or appointment shall be canceled, and the person or entity convicted shall be ineligible to receive a nonbid contract, lease, or appointment with a governing authority for a period of five (5) years from the date of a final judicial determination of guilt.
  17. Any appointed or elected state office holder or any other person who knowingly violates the provisions of KRS 121.120(5) shall be guilty of a Class D felony. In the event a candidate has assumed office, upon a final judicial determination of guilt, his office shall be declared vacant and he shall forfeit all benefits which he would have been entitled to receive had he continued to serve.
  18. Any person who knowingly violates the provisions of KRS 121.065(1) shall be guilty of a Class A misdemeanor.

History. Enact. Acts 1974, ch. 130, §§ 195 and 196; 1980, ch. 292, § 12, effective July 15, 1980; 1986, ch. 100, § 10, effective July 15, 1986; 1986, ch. 168, § 2, effective July 15, 1986; 1988 Ky. Acts ch. 118, § 3, effective 1991; 1988, ch. 341, § 48, effective July 15, 1988; 1992, ch. 288, § 30, effective July 14, 1992; 1992, ch. 463, § 14, effective July 14, 1992; repealed and reenact., Acts 1994, ch. 279, § 1, effective July 15, 1994; 1994, ch. 458, § 14, effective July 15, 1994; 1996, ch. 153, § 9, effective July 15, 1996; 2005, ch. 105, § 10, effective March 16, 2005.

Compiler’s Notes.

Section 7 of Acts 1994, ch. 279 read, “In enacting Sections 1 to 4 of this Act, the General Assembly ratifies and confirms any prior actions on statutes contained in those sections by the Reviser of Statutes acting pursuant to the authority established by KRS 7.140 and 7.136 . Nothing in Sections 1 to 6 of this Act shall be construed under KRS 7.123(4) as appearing to effect any substantive law in the statute law of Kentucky, and the repeal and reenactments contained in Sections 1 to 5 of this Act shall not operate under KRS 446.260 to defeat any amendments in other Acts of this session to the statutes contained in those sections.”

This section (Enact. Acts 1974, ch. 130, §§ 195, 196; 1980, ch. 292, § 12, effective July 15, 1986; 1986, ch. 100, § 10, effective July 15, 1986; 1986, ch. 168, § 2, effective July 15, 1986; 1988, ch. 118, § 3, effective with gubernatorial election of 1991; 1988, ch. 341, § 48, effective July 15, 1988; 1992, ch. 288, § 30, effective July 14, 1992; 1992, ch. 463, § 14, effective July 14, 1992) was repealed and reenacted by Acts 1994, ch. 279, § 1, effective July 15, 1994.

Legislative Research Commission Note.

(7/14/92). This section was amended by 1992 Ky. Acts ch. 288, sec. 30, and ch. 463, sec. 14, which appear to be in conflict. Those changes made by ch. 463 which are purely technical to standardize penalties into Penal Code format, are revisory in nature, and the substantive changes made by ch. 288 prevail by virtue of KRS 7.123(1). Otherwise, the changes of ch. 463 control pursuant to KRS 446.250 .

NOTES TO DECISIONS

1. Construction.

“Shall” is a word which is generally given a mandatory interpretation and the act says an election shall be void if the act is violated. Kentucky Registry of Election Finance v. Jordan, 583 S.W.2d 90, 1979 Ky. App. LEXIS 424 (Ky. Ct. App. 1979).

2. Financial Reports.
3. — Late Filing.

In first cases testing the new Corrupt Practices Act (KRS 121.015 et seq.) elections would not be held void for late filing of financial reports where registry initially told candidates they were in substantial conformity with law then sought to void the elections for treasurer’s failure to file reports even though candidate had no knowledge of such failure, or treated candidates unequally; however, in future cases, an election will be held void if the act is not complied with. Kentucky Registry of Election Finance v. Jordan, 583 S.W.2d 90, 1979 Ky. App. LEXIS 424 (Ky. Ct. App. 1979).

4. — Failure to File.

If a candidate is also his own treasurer, or if the treasurer is not the candidate, but the candidate knows that the treasurer is failing, or has failed, to file the required financial reports and takes no action to get them filed, then the candidate is responsible for the failure to file. Kentucky Registry of Election Finance v. Jordan, 583 S.W.2d 90, 1979 Ky. App. LEXIS 424 (Ky. Ct. App. 1979).

5. Strict Construction.

KRS 121.025 , this section and Ky. Const., § 150 are penal in nature and must be narrowly construed so as not to infringe on first amendment rights. Kentucky Registry of Election Finance v. Louisville Bar Asso., 579 S.W.2d 622, 1978 Ky. App. LEXIS 673 (Ky. Ct. App. 1978).

6. Initiation of Action.

Institution of contest did not await filing of post-election statement. Roberts v. Stumbo, 227 Ky. 334 , 12 S.W.2d 1110, 1928 Ky. LEXIS 511 ( Ky. 1928 ). See Ward v. Howard, 177 Ky. 38 , 197 S.W. 506, 1917 Ky. LEXIS 537 ( Ky. 1917 ) (decided under prior law).

An unsuccessful candidate in the primary election had no capacity to bring an action against the successful candidate and the county clerk to have the nomination declared void and to enjoin the clerk from placing the candidate’s name on the ballot for the general election for failure to timely appoint a campaign treasurer and file financial reports. Withrow v. Willis, 447 S.W.2d 627, 1969 Ky. LEXIS 97 ( Ky. 1969 ) (decided under prior law).

7. Duty of County Clerk.

Under law providing that no certificates of nomination should be issued until candidate’s statements of contributions and expenses had been filed county clerk could not refuse to place name of candidate on ballot on ground that candidate had failed to file his primary expense statements, or his pre-election expense statement, where the candidate’s certificate of nomination was duly filed with the clerk and the nomination had not been declared void in a contest. Judd v. Polk, 267 Ky. 408 , 102 S.W.2d 325, 1937 Ky. LEXIS 323 ( Ky. 1937 ) (decided under prior law).

8. Canvassing Board.

The canvassing board had no power to determine whether expense statements were correct or sufficient. Roberts v. Stumbo, 227 Ky. 334 , 12 S.W.2d 1110, 1928 Ky. LEXIS 511 ( Ky. 1928 ) (decided under prior law).

9. Failure to File.

If candidate did not file expense statements he could neither accept nor hold the office to which he was elected. Felts v. Edwards, 181 Ky. 287 , 204 S.W. 145 ( Ky. 1918 ) (decided under prior law).

Failure of candidate to file expense statement disqualified the candidate but except in primary elections the loser did not win for the result was a void election and a vacancy in the office. Dupin v. Sullivan, 355 S.W.2d 676, 1962 Ky. LEXIS 79 ( Ky. 1962 ) (decided under prior law).

10. Election Void.

Where candidate did not designate his campaign depository or file any financial reports before the primary election, his nomination at such election was void. Dempsey v. Stovall, 418 S.W.2d 419, 1967 Ky. LEXIS 216 ( Ky. 1967 ) (decided under prior law).

11. Revocation of Corporate Charter.

Corporate charter cannot be revoked in quo warranto proceeding, for violation of former corrupt practices act unless the corporation has been convicted of the violation in the criminal prosecution. Commonwealth v. Kentucky Jockey Club, 238 Ky. 739 , 38 S.W.2d 987, 1931 Ky. LEXIS 321 ( Ky. 1931 ) (decided under prior law).

12. Appointment of Treasurer.

The penalty provisions of former law providing penalties for violation of election law could not reasonably apply to a mere delay in appointing a campaign treasurer in the manner and in the time provided by former law that required appointment of a campaign treasurer before a candidate’s qualifications were complete; nor could they reasonably apply to a simple failure to make the designation on or in the precise form prescribed by the registry. Stovall v. Cook, 512 S.W.2d 487, 1974 Ky. LEXIS 392 ( Ky. 1974 ) (decided under prior law).

13. Limitation of Actions.

Where a committee which had never registered with the registry of election finance had received and disbursed funds for political candidates for almost two (2) years and was still disbursing funds less than one year prior to indictment of its members, prosecution for violation of the registration statute (former KRS 123.075 ) was not barred by the limitations of statute that provided prosecution should not be commenced after one (1) year from the date of violation. Commonwealth v. Litzelswope, 528 S.W.2d 707, 1975 Ky. LEXIS 80 ( Ky. 1975 ) (decided under prior law).

14. Standing.

Trial court erred in dismissing election contest suit on the ground that the unsuccessful candidate for public office had no standing to maintain a contest suit, where the unsuccessful candidate’s eligibility was not open to question in such a suit. Johnson v. Shepherd, 521 S.W.2d 247, 1975 Ky. LEXIS 155 ( Ky. 1975 ) (decided under prior law).

15. Relation to Other Statutes.

The mens rea element of “aware or should have been aware” in KRS 121.015(10) suffices to support a criminal conviction under KRS 121.990(3) because it requires defendants to have sufficient knowledge of the nature of their conduct so as not to deny them their due process and First Amendment rights. Martin v. Commonwealth, 96 S.W.3d 38, 2003 Ky. LEXIS 8 (Ky.), cert. denied, 539 U.S. 928, 123 S. Ct. 2586, 156 L. Ed. 2d 605, 2003 U.S. LEXIS 4633 (U.S. 2003).

Cited:

Naegele Outdoor Advertising Co., Div. of Naegele, Inc. v. Moulton, 773 F.2d 692, 1985 U.S. App. LEXIS 23280 (6th Cir. 1985), cert. denied, 475 U.S. 1121, 106 S. Ct. 1639, 90 L. Ed. 2d 184, 1986 U.S. LEXIS 1890 (1986); Wilkinson v. Jones, 876 F. Supp. 916, 1995 U.S. Dist. LEXIS 1777 (W.D. Ky. 1995 ).

Morefield v. Moore, 540 S.W.2d 873, 1976 Ky. LEXIS 39 ( Ky. 1976 ); Lee v. Commonwealth, 565 S.W.2d 634, 1978 Ky. App. LEXIS 511 (Ky. Ct. App. 1978).

Opinions of Attorney General.

A handbill or sample ballot prepared by a printer which did not include the required disclaimer would not make the printer guilty of violating KRS 121.190 as the requirement to show who paid for such advertisement places the burden of inserting the disclaimer on such person, committee or organization that pays for the advertisement and in no way places the burden on the printer so that the penalty of this section could not be invoked against a printer unless he paid for the advertisement. OAG 75-6 .

Political action committees advocating or opposing public questions that are not subject to referendum would not be governed by the election finance act. OAG 75-546 .

Research References and Practice Aids

Kentucky Law Journal.

Underwood, Part-Time Prosecutors and Conflicts of Interest: A Survey and Some Proposals, 81 Ky. L.J. 1 (1993).

Notes, Campaign Finance Reform in Kentucky: The Race For Governor, 85 Ky. L.J. 723 (1996-97).

CHAPTER 121A Public Financing Campaign Act

121A.005. Short title for chapter. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 288, § 13, effective July 14, 1992) was repealed by Act 2005, ch. 105, § 17, effective March 16, 2005.

121A.010. Definitions for chapter. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 288, § 1, effective July 14, 1992) was repealed by Act 2005, ch. 105, § 17, effective March 16, 2005.

121A.015. Exploratory committees for possible slates for Governor and Lieutenant Governor. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 155, § 1, effective July 15, 1996) was repealed by Act 2005, ch. 105, § 17, effective March 16, 2005.

121A.020. Election campaign fund — Transfers. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 288, § 2, effective July 14, 1992) was repealed by Act 2005, ch. 105, § 17, effective March 16, 2005.

121A.030. Campaign expenditure limitations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 288, § 3, effective July 14, 1992) was repealed by Act 2005, ch. 105, § 17, effective March 16, 2005.

121A.040. Statement of intent. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 288, § 4, effective July 14, 1992) was repealed by Act 2005, ch. 105, § 17, effective March 16, 2005.

121A.050. Contribution limits. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 288, § 5, effective July 14, 1992) was repealed by Act 2005, ch. 105, § 17, effective March 16, 2005.

121A.060. Certification of qualification to receive transfer from fund. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 288, § 6, effective July 14, 1992) was repealed by Act 2005, ch. 105, § 17, effective March 16, 2005.

121A.070. Deposit of transferred funds — Duty of campaign treasurer. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 288, § 7, effective July 14, 1992) was repealed by Act 2005, ch. 105, § 17, effective March 16, 2005.

121A.080. Amounts transferred from fund. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 288, § 8, effective July 14, 1992) was repealed by Act 2005, ch. 105, § 17, effective March 16, 2005.

121A.090. Recipients of transfers subject to KRS Chapter 121. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 288, § 9, effective July 14, 1992) was repealed by Act 2005, ch. 105, § 17, effective March 16, 2005.

121A.100. Televised candidate forums or debates. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 288, § 10, effective July 14, 1992) was repealed by Act 2005, ch. 105, § 17, effective March 16, 2005.

121A.110. Misuse of transferred funds prohibited. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 288, § 11, effective July 14, 1992) was repealed by Act 2005, ch. 105, § 17, effective March 16, 2005.

121A.990. Penalties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 288, § 12, effective July 14, 1992) was repealed by Act 2005, ch. 105, § 17, effective March 16, 2005.

CHAPTER 122 Contest of Elections [Repealed]

122.010 to 122.210. Contest of elections. [Repealed.]

Compiler’s Notes.

The following sections were repealed by Acts 1974, ch. 130, § 198:

122.010 . Corrupt practices as grounds; effect if successful candidate found guilty. (1565b-11: amend. Acts 1946, ch. 151, § 1; 1968, ch. 152, § 98.)

122.020. Contest of primary election; who may institute; when, where and how instituted; process; pleadings. (1550-28: amend. Acts 1946, ch. 151, § 2.)

122.030. Evidence in primary contest; trial; judgment. (1550-28.)

122.040. Appeal to Court of Appeals from judgment in primary contest. (1550-28: amend. Acts 1960, ch. 104, § 6, effective June 16, 1960.)

122.050. Certification of result of contest of primary election to Secretary of State and county clerks; winner’s name placed on ballots. (1550-28.)

122.060. Recount of primary election. (1550-28: amend. Acts 1946, ch. 151, § 3; 1960, ch. 104, § 7, effective June 16, 1960.)

122.070. Contest of regular election of officers other than Governor, Lieutenant-Governor, member of General Assembly and certain city officers; how instituted; process; pleadings. (1596a-12: amend. Acts 1946, ch. 151, § 4.)

122.080. Procedure in contest of election under KRS 122.070; trial; judgment. (1596a-12: amend. Acts 1944, ch. 39.)

122.090. Appeals to Court of Appeals from judgment in contest under KRS 122.070. (1596a-12: amend. Acts 1944, ch. 39; 1960, ch. 104, § 8, effective June 16, 1960.)

122.100. Recount of election of officers mentioned in KRS 122.070. (1596a-12: amend. Acts 1946, ch. 151, § 5; 1960, ch. 104, § 9.)

122.110. Contest of election of Governor, Lieutenant Governor or member of General Assembly; how instituted; notice; hearing; evidence; costs. (1535.)

122.120. Board to determine contest of election of Governor or Lieutenant Governor. (1596a-8.)

122.130. Board to determine contest of election of member of General Assembly. (1532.)

122.140. Contest or recount of election on public question; when, where and by whom instituted; grounds; process; pleadings; parties. (1596a-17, 1596a-18, 1596a-20.)

122.150. Procedure for recount of election on public question. (1596a-19.)

122.160. Judgment in contest or recount of election on public question; costs; appeal. (1596a-19, 1596a-20.)

122.170. Contest of election on Constitutional convention or amendment; parties; procedure. (1539a-1, 1539a-2, 1539a-6, 1539a-11 to 1539a-14: amend. Acts 1956 (1st Ex. Sess.), ch. 5, § 4; 1964, ch. 142, § 11; 1966, ch. 239, § 132; 1974, ch. 315, § 9.)

122.180. Procedure for recount of election on Constitutional amendment. (1539a-3 to 1539a-5.)

122.190. Appeal from judgment in contest or recount of election on Constitutional amendment. (1539a-14.)

122.200. Compensation, powers and duties of witnesses and officers in election contest cases. (1542.)

122.210. Prohibition of agreement by candidate not to contest election; penalty. (Enact. Acts 1946, ch. 151, § 6.)

For present law, see KRS Chapter 120.

CHAPTER 123 Corrupt Practices [Repealed]

123.005. Definition of terms in KRS 123.051 to 123.101. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 216, § 1; 1970, ch. 81, § 1; 1974, ch. 375, § 1) was repealed by Acts 1974, ch. 130, § 198. The substantive provisions were incorporated in Acts 1974, ch. 130, § 178, herein compiled as KRS 121.015 .

123.010. Contributions to candidates by corporations prohibited. [Repealed.]

Compiler’s Notes.

This section (1565b-1) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 121.

123.020. Contributions to political organizations by corporations prohibited. [Repealed.]

Compiler’s Notes.

This section (1574a-1, 1574a-2) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 121.

123.030. Contributions to certain candidates by individuals prohibited. [Repealed.]

Compiler’s Notes.

This section (1565b-1) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 121.

123.040. Candidate not to make expenditure, or agreement as to action when elected, to secure vote or support. [Repealed.]

Compiler’s Notes.

This section (1565b-3) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 121.

123.045. Political advertising charged at ordinary rate; injunction. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 89, § 1) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 121.

123.050. Purposes for which candidates may make expenditures — Amount limited. [Repealed.]

Compiler’s Notes.

This section (1565b-3, 1565b-13 to 1565b-18: amend. Acts 1946, ch. 28) was repealed by Acts 1966, ch. 216, § 14.

123.051. Applicability. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 216, § 2; 1970, ch. 81, § 2; 1974, ch. 375, § 2) was repealed by Acts 1974, ch. 130, § 198. The substantive provisions were incorporated in Acts 1974, ch. 130, § 184, and compiled as KRS 121.100 (now repealed).

123.055. Registry of Election Finance — Members — Appointment — Qualifications — Terms — Vacancies — Meetings — Compensation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 216, § 3) was repealed by Acts 1974, ch. 130, § 198.

123.060. Statement of contributions and expenditures to be filed by candidate prior and subsequent to nomination date. [Repealed.]

Compiler’s Notes.

This section (1565b-6) was repealed by Acts 1966, ch. 216, § 14.

123.061. Duties and powers of registry. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 216, § 12; 1970, ch. 81, § 3; 1974, ch. 253, § 1; 1974, ch. 375, § 3) was repealed by Acts 1974, ch. 130, § 198. The substantive provisions were incorporated in Acts 1974, ch. 130, § 186, herein compiled as KRS 121.120 .

123.065. Campaign contributions and expenditures, regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 216, § 6; 1970, ch. 81, § 4; 1974, ch. 375, § 4) was repealed by Acts 1974, ch. 130, § 198. The substantive provisions were incorporated in Acts 1974, ch. 130, § 187, herein compiled as KRS 121.150 .

123.070. Statement of contributions and expenditures to be filed by candidate prior and subsequent to election date. [Repealed.]

Compiler’s Notes.

This section (1565b-4, 1565-6: amend. Acts 1944, ch. 173, § 7) was repealed by Acts 1966, ch. 216, § 14.

123.071. Campaign treasurers. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 216, § 4; 1970, ch. 81, § 5; 1974, ch. 315, § 10; 1974, ch. 375, § 5) was repealed by Acts 1974, ch. 130, § 198. The substantive provisions were incorporated in Acts 1974, ch. 130, § 188, herein compiled as KRS 121.160 .

123.075. Registration of committees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 216, § 5; 1970, ch. 81, § 6; 1974, ch. 253, § 4; 1974, ch. 375, § 6) was repealed by Acts 1974, ch. 130, § 198. The substantive provisions were incorporated in Acts 1974, ch. 130, § 189, herein compiled as KRS 121.170 .

123.080. Statement of contributions and expenditures for candidate or public question to be filed by campaign committees and managers. [Repealed.]

Compiler’s Notes.

This section (1565b-5, 1565-6) was repealed by Acts 1966, ch. 216, § 14.

123.081. Regulations as to deposit and withdrawal of campaign funds. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 216, § 7) was repealed by Acts 1970, ch. 81, § 11.

123.085. Notice and forms for statement of contributions and expenditures to be sent to candidates and committees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 207) was repealed by Acts 1966, ch. 216, § 14.

123.086. Reports of executive committees and campaign treasurers — Time for making — Contents. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 216, § 8; 1970, ch. 81, § 7; 1972, ch. 179, § 1; 1974, ch. 253, § 5; 1974, ch. 375, § 7) was repealed by Acts 1974, ch. 130, § 198. The substantive provisions were incorporated in Acts 1974, ch. 130, § 190, herein compiled as KRS 121.180 .

123.090. Failure to file statement — Effect of. [Repealed.]

Compiler’s Notes.

This section (1565b-7, 1565b-9) was repealed by Acts 1966, ch. 216, § 14.

123.091. Campaign depository’s statement after election. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 216, § 9) was repealed by Acts 1970, ch. 81, § 11.

123.095. Identification of contributors and advertisers. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 216, § 10; 1968, ch. 112; 1970, ch. 81, § 8) was repealed by Acts 1974, ch. 130, § 198.

123.100. Public may inspect statements — Obtain copies. [Repealed.]

Compiler’s Notes.

This section (1565b-10) was repealed by Acts 1966, ch. 216, § 14.

123.101. Reports kept two years — Evidence. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 216, § 11; 1970, ch. 81, § 9; 1974, ch. 253, § 6) was repealed by Acts 1974, ch. 130, § 198. The substantive provisions were incorporated in Acts 1974, ch. 130, § 192, and compiled as KRS 121.200 (now repealed).

123.110. Employe’s vote not to be coerced. [Repealed.]

Compiler’s Notes.

This section (1565b-2, 1574a-3) was repealed by Acts 1974, ch. 130, § 198.

123.120. Assessment of state or Federal employe prohibited. [Repealed.]

Compiler’s Notes.

This section (1565c-1 to 1565c-4) was repealed by Acts 1974, ch. 130, § 198.

123.130. Regulation of printed matter relative to candidates for office. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 174, §§ 1, 2, and 4) was repealed by Acts 1970, ch. 81, § 11.

123.990. Penalties. [Repealed.]

Compiler’s Notes.

This section (1565b-1 to 1565b-3, 1565b-5, 1565b-8, 1565b-19, 1565c-1, 1574a-1 to 1574a-3: amend. Acts 1966, ch. 216, § 14) was repealed by Acts 1974, ch. 130, § 198.

123.991. Penalties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 216, § 13; 1970, ch. 81, § 10; 1974, ch. 375, § 8) was repealed by Acts 1974, ch. 130, § 198. The substantive provisions were incorporated in Acts 1974, ch. 130, §§ 195, 196, herein compiled as KRS 121.990 .

123.992. Penalty. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 174, § 3) was repealed by Acts 1970, ch. 81, § 11.

CHAPTER 124 Election Offenses and Prosecutions [Repealed]

124.010. Clerk making or permitting wrongful registration, or failing to deliver copies of registration records. [Repealed.]

Compiler’s Notes.

This section (1486bb-17) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.020. Clerk making or permitting wrongful registration, or failing to deliver copies of registration records. [Repealed.]

Compiler’s Notes.

This section (1486b-54, 1486bb-18) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.030. Alteration, suppression, mutilation or destruction of registration record; making or use of false or fraudulent record. [Repealed.]

Compiler’s Notes.

This section (1486b-55, 1486bb-17, 1486bb-19) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.040. Interfering with registration. [Repealed.]

Compiler’s Notes.

This section (1486b-57, 1486bb-20) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.050. Alteration or suppression of nomination papers. [Repealed.]

Compiler’s Notes.

This section (1550-32) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.060. Forgery of nomination papers. [Repealed.]

Compiler’s Notes.

This section (1550-31) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.070. Clerk failing to place candidate’s name on ballot. [Repealed.]

Compiler’s Notes.

This section (1457a) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.080. Clerk not using proper paper for ballots. [Repealed.]

Compiler’s Notes.

This section (1462a) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.090. Printer violating duty in printing ballots. [Repealed.]

Compiler’s Notes.

This section (1463) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.100. Removal or destruction of election booths or supplies. [Repealed.]

Compiler’s Notes.

This section (1465, 1568) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.110. Sheriff failing to hold election or perform other duty concerning election. [Repealed.]

Compiler’s Notes.

This section (1578) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.120. Election officer failing to perform duty. [Repealed.]

Compiler’s Notes.

This section (1579) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.130. Election officer refusing to admit challenger. [Repealed.]

Compiler’s Notes.

This section (1481a) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.140. Preventing voter from casting ballot; interfering with election. [Repealed.]

Compiler’s Notes.

This section (1585a-4, 1588) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.150. False personation of voter; nonresident or unqualified person voting; repeating. [Repealed.]

Compiler’s Notes.

This section (1550-19, 1569, 1572, 1584, 1585) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.160. Election officer receiving illegal vote or rejecting legal vote. [Repealed.]

Compiler’s Notes.

This section (1550-19, 1583) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.170. Disobeying election officer’s command. [Repealed.]

Compiler’s Notes.

This section (1576) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.180. Removing or tampering with ballots. [Repealed.]

Compiler’s Notes.

This section (1473, 1476, 1539a-3, 1566, 1567, 1573, 1585a-1 to 1585a-3: amend. Acts 1974, ch. 277, § 2) was repealed by Acts 1974, ch. 130, § 198. The substantive provisions were incorporated in Acts 1974, ch. 130, § 80, herein compiled as KRS 119.195 .

124.190. Bribery. [Repealed.]

Compiler’s Notes.

This section (1586, 1587) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.200. Providing another with intoxicants on election day. [Repealed.]

Compiler’s Notes.

This section (1575) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.220. Fabricating, altering, suppressing or destroying stub book, return or certificate of election. [Repealed.]

Compiler’s Notes.

This section (1581) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.230. Member of board of election commissioners violating law or failing to perform duties. [Repealed.]

Compiler’s Notes.

This section (1596a-15) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.240. Intimidating election officer or board of election commissioners. [Repealed.]

Compiler’s Notes.

This section (1596a-16) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.250. Violations of duties for which no other penalty is provided. [Repealed.]

Compiler’s Notes.

This section (1577) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.260. Advising or assisting violation of election laws. [Repealed.]

Compiler’s Notes.

This section (1590) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.270. Irregularity in convening or conducting election no defense. [Repealed.]

Compiler’s Notes.

This section (1591) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.280. Penalties applicable to regular elections apply to primaries and to elections for United States Senator. [Repealed.]

Compiler’s Notes.

This section (1546-3, 1550-35) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.290. Election officers to report violations; may arrest offenders. [Repealed.]

Compiler’s Notes.

This section (1592) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.300. Grand jury may compel testimony as to violations of election laws. [Repealed.]

Compiler’s Notes.

This section (1593) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.310. Grand jury may compel production of evidence relating to corrupt practices. [Repealed.]

Compiler’s Notes.

This section (1565b-21) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.320. Evidence required to support conviction for violating election laws. [Repealed.]

Compiler’s Notes.

This section (1594) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.330. Witnesses not exempted from giving self-criminating testimony; immunity. [Repealed.]

Compiler’s Notes.

This section (1565b-20, 1594) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

124.340. Limitation of prosecutions. [Repealed.]

Compiler’s Notes.

This section (1595) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS Chapter 119.

CHAPTER 125 Voting Machines [Repealed]

Conduct of Elections

125.005. Basic provisions for elections. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 21) was repealed by Acts 1974, ch. 130, § 198.

125.010. Use of voting machines authorized. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 181, § 1) was repealed by Acts 1972, ch. 188, § 69. For present law, see KRS 117.105 .

125.013. Hours of voting; time off to vote. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 22) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 117.105 to 117.393 .

125.017. Establishment of voting place. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 23; 1974, ch. 31, § 1) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 117.105 to 117.393 .

125.020. Use of voting machines. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 181, § 2; 1962, ch. 86; 1972, ch. 188, § 24) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 117.105 to 117.393 .

125.030. Power to select make of machine. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 181, § 3) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 117.105 to 117.393 .

125.040. Specifications machines must comply with. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 181, § 4) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 117.105 to 117.393 .

125.050. Custody of machines. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 181, § 5) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 117.105 to 117.393 .

125.060. Preparation of ballot labels, special paper ballots. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 181, § 6; 1972, ch. 188, § 25) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 117.105 to 117.393 .

125.070. Placing ballot labels in machines. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 181, § 7; 1972, ch. 188, § 26) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 117.105 to 117.393 .

125.080. Examination of machines by county board — Delivery of keys — New ballot labels in case of vacancy in candidacy. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 181, § 8; 1972, ch. 188, § 27) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 117.105 to 117.393 .

125.090. Instruction cards. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 181, § 9; 1972, ch. 188, § 28) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 117.105 to 117.393 .

125.100. Instructions of election officers. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 181, § 10; 1972, ch. 188, § 29) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 117.105 to 117.393 .

125.110. Delivery of machines to precincts — Arrangement in voting room. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 181, § 11; 1972, ch. 188, § 30) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 117.105 to 117.393 .

125.120. Examination of machine by election officers — Correction of defects — Substitute machines. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 181, § 12; 1972, ch. 188, § 31) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 117.105 to 117.393 .

125.130. Procedure when machine in disrepair. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 181, § 13; 1972, ch. 188, § 32) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 117.105 to 117.393 .

125.132. Voter’s signature. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 36) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 117.105 to 117.393 .

125.135. Maintenance of order in voting room; electioneering prohibited. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 33) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 117.105 to 117.393 .

125.137. Procedure when voter’s right to vote is disputed. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 37) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 117.105 to 117.393 .

125.140. Instruction of voters — Assistance of physically disabled — Manner of voting. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 181, § 14; 1960, ch. 18; 1972, ch. 188, § 34; 1972, ch. 320, § 9) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 117.105 to 117.393 .

125.150. Counting and certification of votes — Return of keys and machines. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 181, § 15; 1972, ch. 188, § 43) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 117.105 to 117.393 .

125.160. Form of return sheets and statements; delivery. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 181, § 16) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 117.105 to 117.393 .

125.170. Period machines to remain locked; custody of keys. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 181, § 17) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 117.105 to 117.393 .

125.180. Number of voters in precincts where machines are used. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 181, § 18) was repealed by Acts 1972, ch. 188, § 69.

125.190. Recanvass of votes — Test of machine. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 181, § 19; 1946, ch. 115; 1974, ch. 308, § 28) was repealed by Acts 1974, ch. 130, § 198. For present law, see KRS 117.305 .

125.200. General election laws apply. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 181, § 20) was repealed by Acts 1972, ch. 188, § 69.

125.210. Appointment of challengers. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 38; 1974, ch. 315, § 11) was repealed by Acts 1974, ch. 130, § 198. The substantive provisions were incorporated in Acts 1974, ch. 130, § 45, herein compiled as KRS 117.315 .

125.220. Absent voting by disabled person. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 35, effective December 1, 1972) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974. For present law, see KRS 117.075 to 117.087 .

125.230. Application for absent ballot by voter expecting to be absent on election day. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 40, effective December 1, 1972) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974. For present law, see KRS 117.075 to 117.087 .

125.240. Marking absent ballot. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 41, effective December 1, 1972) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974. For present law, see KRS 117.075 to 117.087 .

125.250. Counting absent ballots. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 42, effective December 1, 1972) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974. For present law, see KRS 117.075 to 117.087 .

125.260. Cost of elections — Payment. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 39, effective December 1, 1972) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974. For present law, see KRS 117.075 to 117.087 .

Acquisition of Voting Machines

125.310. Definitions for KRS 125.310 to 125.430. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 128, § 1, effective March 25, 1960) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974.

125.320. Powers and duties of commission as to voting machines. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 128, § 2, effective March 25, 1960) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974.

125.330. Financing voting machine projects. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 128, § 3, effective March 25, 1960; 1968, ch. 110, § 19) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974.

125.340. Procedure for acquiring voting machines. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 128, § 4, effective March 25, 1960) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974.

125.350. Negotiable and tax-free character of bonds; source of payment. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 128, § 5, effective March 25, 1960) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974.

125.360. Ways in which money received may be used. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 128, § 6, effective March 25, 1960) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974.

125.370. Sinking Fund Reserve. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 128, § 7, effective March 25, 1960) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974.

125.380. One or more counties; one or more bond issues. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 128, § 8, effective March 25, 1960) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974.

125.390. Action after termination of lease. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 128, § 8, effective March 25, 1960) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974.

125.400. More than one bond issue for same county. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 128, § 9, effective March 25, 1960) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974.

125.410. Bondholder’s right to proceed. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 128, § 10, effective March 25, 1960) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974.

125.420. Refunding bonds. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 128, § 11, effective March 25, 1960) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974.

125.430. Additional and alternative character of KRS 125.310 to 125.430. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 128, § 12, effective March 25, 1960) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974.

125.990. Penalties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 181, § 21) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974.

CHAPTER 126 Absentee Voting [Repealed]

126.010. Right of absentees to vote in time of war, in federal elections. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1944, ch. 134, § 1, effective March 17, 1944) was repealed by Acts 1946, ch. 242, § 31, effective March 23, 1946.

126.020. Application for ballot — Transmittal to local registration officials. [Repealed]

Compiler’s Notes.

This section (Enact. Acts 1944, ch. 134, § 2, effective March 17, 1944) was repealed by Acts 1946, ch. 242, § 31, effective March 23, 1944.

126.030. Form of application for ballot — Affidavit. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1944, ch. 134, § 3, effective March 17, 1944) was repealed by Acts 1946, ch. 242, § 31, effective March 23, 1946.

126.040. Verification of registration — New registration — Lists of applicants. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1944, ch. 134, § 4, effective March 17, 1944) was repealed by Acts 1946, ch. 242, § 31, effective March 23, 1946.

126.050. Preparation and printing of ballots. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1944, ch. 134, § 5, effective March 17, 1944) was repealed by Acts 1946, ch. 242, § 31, effective March 23, 1946.

126.060. Envelopes for mailing ballots — Instructions for voters. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1944, ch. 134, § 6, effective March 17, 1944) was repealed by Acts 1946, ch. 242, § 31, effective March 23, 1946.

126.070. Sending ballots, envelopes and instructions to voters. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1944, ch. 134, § 7, effective March 17, 1944) was repealed by Acts 1946, ch. 242, § 31, effective March 23, 1946.

126.080. Preparation of ballot by voter — Mailing to Secretary of State. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1944, ch. 134, § 8, effective March 17, 1944) was repealed by Acts 1946, ch. 242, § 31, effective March 23, 1946.

126.090. Transmittal of ballots to county clerk and election officers — Handling of late ballots. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1944, ch. 134, § 9, effective March 17, 1944) was repealed by Acts 1946, ch. 242, § 31, effective March 23, 1946.

126.100. Manner of casting ballots — Challenges. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1944, ch. 134, § 10, effective March 17, 1944) was repealed by Acts 1946, ch. 242, § 31, effective March 23, 1946.

126.110. Returns of election officers. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1944, ch. 134, § 11, effective March 17, 1944) was repealed by Acts 1946, ch. 242, § 31, effective March 23, 1946.

126.120. Administering of oaths by military and naval officers. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1944, ch. 134, § 12, effective March 17, 1944) was repealed by Acts 1946, ch. 242, § 31, effective March 23, 1946.

126.130. Jurisdiction of offenses. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1944, ch. 134, § 16, effective March 17, 1944) was repealed by Acts 1946, ch. 242, § 31, effective March 23, 1946.

126.140. Definitions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 242, § 1, effective March 23, 1946; 1960, ch. 146, § 1, effective June 16, 1960; 1962, ch. 120, § 1, effective June 14, 1962; 1964, ch. 189, § 1, effective June 18, 1964; 1972, ch. 320, § 10, effective June 16, 1972) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972. For present law on absentee voting see KRS 117.085 to 117.087 .

126.145. Application for registration by absent person in United States service. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1964, ch. 189, § 2, effective June 18, 1964; 1966, ch. 255, § 125) was repealed by Acts 1970, ch. 126, § 4, effective June 18, 1970. For present law on absentee voting see KRS 117.085 to 117.087 .

126.150. Application for ballot, when and to whom made. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 242, § 2, effective March 23, 1946; 1960, ch. 146, § 2, effective June 16, 1960; 1962, ch. 120, § 2, effective June 14, 1962; 1964, ch. 189, § 3, effective June 18, 1964) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972. For present law, see KRS 117.085 .

126.160. Form of application for ballot and registration — Affidavit. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 242, § 3, effective March 23, 1946; 1952, ch. 137, § 1, effective June 19, 1952; 1960, ch. 146, § 4, effective June 16, 1960; 1962, ch. 120, § 3, effective June 14, 1962; 1964, ch. 189, § 4, effective June 18, 1964; 1970, ch. 126, § 1, effective June 18, 1970) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972. For present law, see KRS 117.085 .

126.170. Verification of registration — Reregistration required — Oath. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 242, § 4, effective March 23, 1946; 1952, ch. 137, § 2, effective June 19, 1952; 1960, ch. 146, § 5, effective June 16, 1960; 1962, ch. 120, § 4, effective June 14, 1962; 1964, ch. 189, § 5, effective June 18, 1964; 1970, ch. 126, § 2, effective June 18, 1970) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972.

126.175. Examination of applications. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 146, § 3, effective June 16, 1960) was repealed by Acts 1962, ch. 120, § 9, effective June 14, 1962.

126.180. Precinct lists of ballots. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 242, § 5, effective March 23, 1946) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972. For present law, see KRS 117.085 .

126.190. Mailing ballots, envelopes and instructions to voters. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 242, § 6, effective March 23, 1946; 1962, ch. 120, § 5, effective June 14, 1962; 1970, ch. 23, § 1, effective June 18, 1970) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972. For present law, see KRS 117.085 .

126.200. Outer envelopes for ballots. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 242, § 7, effective March 23, 1946; 1960, ch. 146, § 6, effective June 16, 1960) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972. For present law, see KRS 117.085 .

126.210. Inner envelope for ballots — Voter’s affidavit — Evidence. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 242, § 8; 1960, ch. 146, § 7, effective June 16, 1960; 1962, ch. 120, § 6, effective June 14, 1962; 1964, ch. 189, § 6, effective June 18, 1964; 1970, ch. 23, § 2, effective June 18, 1970) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972. For present law, see KRS 117.085 .

126.220. Application forms — Instructions for voters — Furnishing of supplies. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 242, § 9, effective March 23, 1946) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972. For present law, see KRS 117.085 .

126.230. Preparation of ballot by voter — Mailing to county clerk. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 242, § 10, effective March 23, 1946; 1960, ch. 146, § 8, effective June 16, 1960; 1962, ch. 120, § 7, effective June 14, 1962; 1964, ch. 189, § 8, effective June 18, 1964) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972. For present law, see KRS 117.086 .

126.240. Ballot boxes. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 242, § 11, effective March 23, 1946) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972. For present law, see KRS 117.086 .

126.250. Handling of ballots when received by county clerk — Disposition of late ballots. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 242, § 12, effective March 23, 1946) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972. For present law, see KRS 117.086 .

126.255. Posting of lists of absentees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1964, ch. 189, § 9, effective June 18, 1964; 1972, ch. 320, § 10, effective June 16, 1972) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972.

126.260. Keeping of locked ballot boxes. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 242, § 13, effective March 23, 1946) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972.

126.270. Casting ballots — Challenges — Tabulation of vote — Disposal of ballots and envelopes. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 242, § 14, effective March 23, 1946; 1952, ch. 137, § 3, effective June 19, 1952; 1970, ch. 23, § 3; June 18, 1970) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972.

126.275. Written challenges required. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1964, ch. 189, § 10, effective June 18, 1964) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972.

126.280. Death of voter prior to election. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 242, § 15, effective March 23, 1946) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972.

126.290. Voting in person, procedure. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 242, § 16, effective March 23, 1946) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972.

126.294. Absentee ballot not counted, when. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1964, ch. 189, § 11, effective June 18, 1964) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972.

126.295. Presence of absent voter in county, ballot not counted. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 146, § 9, effective June 16, 1960) was repealed by Acts 1962, ch. 120, § 10, effective June 14, 1962.

126.300. Precinct officers not to reissue ballot. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 242, § 17, effective March 23, 1946; 1970, ch. 126, § 3, effective June 18, 1970) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972.

126.310. Administering of oaths by officers of armed forces. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 242, § 18, effective March 23, 1946) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972.

126.320. Cost of postage and envelopes. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 242, § 19, effective March 23, 1946) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972.

126.330. Jurisdiction of offenses. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 242, § 20, effective March 23, 1946) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972.

126.990. Penalties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 242, § 21, effective March 23, 1946) was repealed by Acts 1972, ch. 188, § 69, effective December 1, 1972.

CHAPTER 127 Boards of Elections [Repealed]

127.010. State board of elections; membership; meetings; compensation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 1, effective December 1, 1972) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974. For present law see KRS 117.015 to 117.085 .

127.020. Employment of director, staff; powers, duties of state board. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 2, effective December 1, 1972) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974. For present law see KRS 117.015 to 117.085 .

127.030. County board of elections; membership; meetings; staff in counties containing city of first or second class. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 3, effective December 1, 1972) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974. For present law see KRS 117.015 to 117.085 .

127.040. Precinct election officers. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 4, effective December 1, 1972) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974. For present law see KRS 117.015 to 117.085 .

Acts 1972, ch. 188, § 4 was amended by Acts 1974, ch. 31, § 3, and its substantive provisions were incorporated in Acts 1974, ch. 130, § 21, herein compiled as KRS 117.045 .

127.050. Division of county into election precincts. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 188, § 4(a), effective December 1, 1972) was repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974. For present law see KRS 117.015 to 117.085 .

CHAPTER 128 Voter Registration [Repealed]

128.010 to 128.990. Voter registration. [Repealed.]

Compiler’s Notes.

The following sections were repealed by Acts 1974, ch. 130, § 198, effective June 21, 1974:

128.010 Definitions. (Enact. Acts 1972, ch. 188, § 5, effective December 1, 1972.)

128.020 Eligibility to vote. (Enact. Acts 1972, ch. 188, § 6, effective December 1, 1972; 1972 (1st Ex. Sess.), ch. 5, § 4, effective December 1, 1972.)

128.030 Determining residence for purpose of voting. (Enact. Acts 1972, ch. 188, § 7, effective December 1, 1972.)

128.040 Time, place and manner of registration; registration or change of party affiliation by mail. (Enact. Acts 1972, ch. 188, § 8; 1972 (1st Ex. Sess.), ch. 5, § 5, effective December 1, 1972.)

128.050 Qualifications for voting in primary election. (Enact. Acts 1972, ch. 188, § 9, effective December 1, 1972.)

128.060 Verification of applications. (Enact. Acts 1972, ch. 188, § 10, effective December 1, 1972.)

128.070 Reporting registrations to state board. (Enact. Acts 1972, ch. 188, § 11, effective December 1, 1972.)

128.080 Transferring registration. (Enact. Acts 1972, ch. 188, § 12, effective December 1, 1972.)

128.090 Access to registration records. (Enact. Acts 1972, ch. 188, § 13, effective December 1, 1972.)

128.100 County clerk’s fees. (Enact. Acts 1972, ch. 188, § 14, effective December 1, 1972.)

128.110 Purging on notice from state board. (Enact. Acts 1972, ch. 188, § 15, effective December 1, 1972.)

128.120 Purging on county board’s own knowledge. (Enact. Acts 1972, ch. 188, § 16, effective December 1, 1972.)

128.130 Appeal from decision of county board. (Enact. Acts 1972, ch. 188, § 17, effective December 1, 1972.)

128.140 Initial registration under this chapter. (Enact. Acts 1972, ch. 188, § 18, effective December 1, 1972.)

128.150 Registration and purgation forms. (Enact. Acts 1972, ch. 188, § 19, effective December 1, 1972.)

128.160 Penalty for falsification. (Enact. Acts 1972, ch. 188, § 20.)

128.990 Penalties. (Enact. Acts 1972, ch. 188, § 68, effective December 1, 1972.)

For present law on voter registration see KRS Chapter 116.