KRS 118.176: Challenging bona fides 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 as the nominee of a political

party or a nonpartisan or judicial nominee in a primary or election to an office as a

member of a political organization, political group, or as an independent in a special

or regular election may be questioned by any qualified voter entitled to vote for the

candidate or by an opposing cand idate by summary proceedings consisting of a

motion before the Circuit Court of the judicial circuit in which the candidate whose

bona fides is questioned resides. An action regarding the bona fides of the nominee

of a political party or a nonpartisan or j udicial nominee may be commenced at any

time prior to the primary. An action regarding the bona fides for election to an

office as a member of a political organization, political group, or as an independent

may be commenced at any time prior to a special o r 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 abse nt 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:

(a) 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;

(b) The order of the Circuit Court shall be entered on the order book of the cou rt

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 co urt 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;

and

(c) The person bringing the action shall be entitled to and awarded his or her

reasonable attorney's fees, expert witness fees, and other court costs for trial

and appeal, and those fees and costs shall be taxed against the candidate or his

or her campaign committee after the timely filing of a bil l of costs with the

Circuit Court.

(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.