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

costs.

(1) A contest instituted under KRS 120.155 shall proceed as equity actions. Upon

return of the summons properly executed to the office of the circuit clerk, he or she

shall immediately docket the case and notify the presiding judge of the court that

the contest has been filed. The judge shall proceed to a trial of the cause without

delay. In courts having more than one (1) judge, the judge who shall try the ca se

shall be determined by lot. The court shall complete the case as soon as practicable.

The action shall have precedence over all other cases.

(2) The evidence in chief for the contestant shall be completed within thirty (30) days

after service of summons ; the evidence for the contestee shall be completed within

twenty-five (25) days after filing of answer, and evidence for contestant in rebuttal

shall be completed within seven (7) days after the contestee has concluded;

provided that for cause the court m ay grant a reasonable extension of time to either

party.

(3) All voting machines, voting equipment, or voting systems, ballots, stub books, and

other papers concerning which there is any ground for contest may be removed to

the court in which the action is pending.

(4) If it appears from an inspection of the whole record that there has been such fraud,

intimidation, bribery, or violence in the conduct of the election that neither

contestant nor contestee can be judged to have been fairly elected, the Circui t

Court, or an appellate court on appeal, may adjudge that there has been no election.

In that event the office shall be deemed vacant, with the same legal effect as if the

person elected had refused to qualify. In the event a majority of the offices of a

legislative body are deemed vacant under KRS 83A.040(5)(b), the county clerk and

local board of elections shall call a special election of the bona fide candidates who

previously qualified as soon as practicable, within at least forty-five (45) days of the

declaration of vacancies becoming final orders. If one (1) of the parties is adjudged

by the court to be elected to the office, he or she shall, on production of a copy of

the final judgment, be permitted to qualify or be commissioned.

(5) If an election contest brought under this section is successful, as determined by the

Circuit Court or an appellate court on appeal, the contestant shall be entitled to

recover reasonable attorney's fees, expert witness fees, and other court costs. The

fees and costs sha ll be taxed by the court against the local board of elections or

against any party adjudicated to have engaged in fraud, intimidation, bribery, or

violence that prevented either the contestant or contestee from being fairly elected.