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

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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 <br>Governor, Lieutenant Governor, member of the General Assembly, and those city offices <br>as to which there are other provisions made by law for determining contest elections), for <br>whom a number of votes was cast equal to not less than twenty-five percent (25%) of the <br>number of votes cast for the successful candidate for the office, may contest the election <br>of the successful candidate, by filing a petition in the Circuit Court of the county where <br>the contestee resides, unless the officer is one (1) elected by the voters of the whole state, <br>in which case the petition shall be filed in the Franklin Circuit Court. The petition shall be <br>filed and process issued within thirty (30) days after the day of election; it shall state the <br>grounds of the contest relied on, and no other grounds shall afterwards be relied upon. <br>The contestee shall file an answer within twenty (20) days after the service of summons <br>upon him. The answer may consist of a denial of the averments of the petition and may <br>also set up grounds of contest against the contestant; if grounds are so set up they shall be <br>specifically pointed out and none other shall thereafter be relied upon by the party. Any <br>candidate who would have been qualified to bring a contest action under this section, who <br>is a party to a recount proceeding under KRS 120.185, may, by filing answer in the <br>recount proceeding within the time allowed by this section for filing grounds of contest, <br>set forth grounds of contest against the petitioner in the recount proceeding. A reply may <br>be filed within ten (10) days after the answer is filed; its affirmative allegations shall be <br>treated as controverted, and no subsequent pleading shall be allowed. History: Created 1974 Ky. Acts ch. 130, sec. 163.