{"data":{"id":"us-ky/krs-118.176","jurisdiction":"us-ky","citation":"KRS 118.176","heading":"Challenging bona fides of candidate.","body":"(1) A \"bona fide\" candidate means one who is seeking nomination in a primary or\nelection in a special or regular election according to law.\n(2) The bona fides of any candidate seeking nomination as the nominee of a political\nparty or a nonpartisan or judicial nominee in a primary or election to an office as a\nmember of a political organization, political group, or as an independent in a special\nor regular election may be questioned by any qualified voter entitled to vote for the\ncandidate or by an opposing cand idate by summary proceedings consisting of a\nmotion before the Circuit Court of the judicial circuit in which the candidate whose\nbona fides is questioned resides. An action regarding the bona fides of the nominee\nof a political party or a nonpartisan or j udicial nominee may be commenced at any\ntime prior to the primary. An action regarding the bona fides for election to an\noffice as a member of a political organization, political group, or as an independent\nmay be commenced at any time prior to a special o r regular election. The motion\nshall be tried summarily and without delay. Proof may be heard orally, and upon\nmotion of either party shall be officially reported. If the Circuit Judge of the circuit\nin which the proceeding is filed is disqualified or abse nt from the county or is\nherself or himself a candidate, the proceeding may be presented to, heard and\ndetermined by the Circuit Judge of any adjoining judicial circuit.\n(3) In any action or proceeding under this section the burden of proof as to the bona\nfides of a candidate shall be on the person challenging the bona fides of a candidate.\n(4) If the court finds the candidate is not a bona fide candidate:\n(a) It shall so order, and certify the fact to the board of elections, and the\ncandidate's name shall be stricken from the written designation of election\nofficers filed with the board of elections or the court may refuse recognition\nor relief in a mandatory or injunctive way;\n(b) The order of the Circuit Court shall be entered on the order book of the cou rt\nand shall be subject to a motion to set aside in the Court of Appeals. The\nmotion shall be heard by the Court of Appeals or a judge thereof in the\nmanner provided for dissolving or granting injunctions, except that the motion\nshall be made before the co urt or judge within five (5) days after the entry of\nthe order in the Circuit Court, and may be heard and tried upon the original\npapers, and the order of the Court of Appeals or judge thereof shall be final;\nand\n(c) The person bringing the action shall be  entitled to and awarded his or her\nreasonable attorney's fees, expert witness fees, and other court costs for trial\nand appeal, and those fees and costs shall be taxed against the candidate or his\nor her campaign committee after the timely filing of a bil l of costs with the\nCircuit Court.\n(5) No person shall approach the Circuit Judge for the purpose or view of influencing\nhis or her decision on the motion pending before the Circuit Judge or to be tried by\nhim or her.","path":["KRS Chapter 118"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58061","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:15Z","sha256":"b8014dd0fb976bc15ce11abfceb59ac04fa0b7d997b7781e829cef3114928ea3","source_id":"us-ky","stale":false,"prev":"us-ky/krs-118.175","next":"us-ky/krs-118.180"},"notice":"GroundRules: Original legal text. Not legal advice."}