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AN ACT relating to venue and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 120.280 is amended to read as follows: 3
(1) Any elector who is qualified to vote on any constitutional convention, 4
constitutional amendment, or statewide public question submitted to the voters of 5
the state for their ratification or rejection, and who otherwise has standing to sue, 6
may challenge a procedural defect in the enactment of the law placing the 7
amendment or question on the ballot, or ambiguity in the wording of the 8
amendment or question, by filing a petition within thirty (30) days after the act 9
becomes effective with the clerk of the Hardin Circuit Court, which court shall 10
have exclusive jurisdiction to hear and determine all matters in such cases. 11
(2) Any elector who was qualified to and did vote on any constitutional convention, 12
constitutional amendment, or statewide public question submitted to the voters of 13
the state for their ratification or rejection may contest the election or demand a 14
recount of the ballots by filing a petition, not more than fifteen (15) days after the 15
official canvass and the announcement of the vote for the state by the State Board 16
of Elections, with the clerk of the Hardin[Franklin] Circuit Court, which court shall 17
have exclusive jurisdiction to hear and determine all matters in such cases. 18
(3) The procedure for a contest under subsection (2) of this section shall be as 19
follows: 20
(a) The petition shall set forth the grounds of the contest. The contestant may file 21
with the clerk of the Hardin[Franklin] Circuit Court and the Secretary of State 22
a notice of his or her intention to contest the election before the 23
announcement of the official count by the State Board of Elections and 24
thereupon the Secretary of State shall forthwith notify all the county boards of 25
elections in the counties involved in the contest to hold the ballots cast at the 26
election on the question subject to the order of the Hardin[Franklin] Circuit 27 UNOFFICIAL COPY 24 RS BR 2317
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Court. The notice shall be served by the Secretary of State by mailing a true 1
and certified copy of the notice of contest, and the order to hold the ballots 2
subject to the order of the court, by certified mail, return receipt requested, to 3
the sheriffs of the counties in question, and the sheriffs shall forthwith 4
acknowledge receipt thereof; and[.] 5
(b)[(2)] The court shall, within five (5) days after the filing of the petition of 6
contest, determine whether there are sufficient grounds stated to justify the 7
contest, and shall thereupon require the contestants to give bonds for costs. 8
(4) All of the hearings relating to the contest shall be held in the courthouse of 9
Hardin[Franklin] County. 10
(5)[(3)] The clerk of the Hardin[Franklin] Circuit Court shall cause a notice of the 11
contest to be published pursuant to KRS Chapter 424, setting out the substance or 12
the grounds of contest alleged by the contestants. 13
(6)[(4)] Any elector who participated in the election on the convention, amendment, 14
or statewide public question may make himself or herself a party as contestee in 15
an[the] action pursuant to subsection (2) of this section by filing his or her 16
petition to be made a party not later than five (5) days after the contest is instituted, 17
and by giving bond of the costs as required of the contestant. If no elector makes 18
himself or herself a party to the contest, the Commonwealth's attorney for the 19
Hardin[Franklin] Circuit Court shall attend the trial of the cause, and he or she may 20
file motions and pleadings in the cause on behalf of the Commonwealth to 21
ensure[insure] a fair and honest determination of the contest. 22
(7)[(5)] All laws relating to contested elections for state offices shall apply with equal 23
force to contests brought pursuant to subsection (2) of[ the character contemplated 24
by] this section, except as otherwise provided in this section and in KRS 120.290. 25
Section 2. KRS 120.290 is amended to read as follows: 26
(1) (a) If a contest instituted under KRS 120.280 involves the recount of ballots, and 27 UNOFFICIAL COPY 24 RS BR 2317
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the court has determined that the petition of contest presents sufficient 1
grounds, the court shall immediately order the ballots of the counties and 2
precincts in which the recount is demanded sent to the courthouse in Hardin 3
County[at Frankfort], in a manner designated in the order. 4
(b) The court may appoint two (2) special commissioners to help make the 5
recount, who shall receive three dollars ($3) per day and their actual traveling 6
expenses, when approved by the Hardin[Franklin] Circuit Court. 7
(c) The attorneys representing the contestant and the Commonwealth's attorney 8
representing the contestee may be present at all hearings on the recount. 9
(d) The contestant and contestee shall each be entitled to appoint one (1) 10
inspector, who shall be allowed to witness the recount. 11
(2) (a) The result of the recount of ballots shall be reported to the court within three 12
(3) days after it has been completed, together with all the disputed ballots and 13
any ballots not counted. 14
(b) After inspecting and passing on the disputed and uncounted ballots, the court 15
shall add such of them as are found to be legal to the number of legal ballots 16
determined by the recount. 17
(c) If the court finds that any ballots were procured by fraud, duress, bribery, 18
intimidation, or for valuable consideration, they shall be rejected as illegal and 19
void. If there has been such error, fraud or other irregularity as to make it 20
impossible to ascertain the correct result in any precinct, the ballots from that 21
precinct shall be thrown out and considered void. The vote from a precinct 22
shall not be counted if the contestants prove that there was bribery or 23
intimidation of the electors in that precinct and the court finds that the 24
contestants were in the minority in that precinct and were not in any way 25
implicated in the bribery or fraud complained of. 26
Section 3. Whereas it is vital that a forum for resolution of important questions 27 UNOFFICIAL COPY 24 RS BR 2317
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of law be convenient and accessible to citizens from all parts of the Commonwealth, an 1
emergency is declared to exist, and this Act takes effect upon its passage and approval by 2
the Governor or upon its otherwise becoming a law. 3