{"data":{"id":"us-ky/krs-120.195","jurisdiction":"us-ky","citation":"KRS 120.195","heading":"Contest of election by slate of candidates for Governor and Lieutenant","body":"Governor or by candidate for General Assembly.\n(1) Any slate of candidates for Governor and Lieutenant Governor may contest any\nregular election or special election to the  General Assembly by filing a written\napplication and notice of the contest with the clerk of the Senate and with the clerk\nof the House of Representatives of the General Assembly. The application and\nnotice of contest shall be signed by the parties contesting the election, and:\n(a) If contesting a regular election, the application and notice of contest shall:\n1. Be filed not later than thirty (30) days after the final action of the State\nBoard of Elections; or\n2. Be filed not later than thirty (30) days fo llowing entry of the findings of\nthe Franklin Circuit Court as provided in KRS 120.185(2) if a recount\nwas conducted; and\n(b) If contesting a special election, the application and notice of contest shall be\nfiled not later than seven (7) days after the fin al action of the State Board of\nElections.\n(2) Any candidate for the General Assembly may contest any regular election or special\nelection to the General Assembly by filing a written application and notice of the\ncontest with the clerk of the house to whic h the candidate seeks election. The\napplication and notice of contest shall be signed by the party contesting the election,\nand:\n(a) If contesting a regular election, the application and notice of contest shall:\n1. Be filed not later than fifteen (15) days  after the final action of the State\nBoard of Elections; or\n2. Be filed not later than fifteen (15) days following entry of the findings\nentered by the Circuit Court as provided in KRS 120.185(3) if a recount\nwas conducted; and\n(b) If contesting a special election, the application and notice of contest shall be\nfiled not later than three (3) days following the final action of the State Board\nof Elections.\n(3) The application and notice required under subsections (1) and (2) of this section\nshall state the g rounds of the contest, and no grounds other than those stated in the\napplication and notice shall be heard as coming from that party following the filing\nof the application and notice. The candidate filing the application and notice may\ninclude a request for a recount which may be ordered by the board selected to try the\ncontest under KRS 120.205 or 120.215.\n(4) No election contest shall be heard unless the contestee to the proceeding has been\nserved with a copy of the application and notice of contest. The contestee may make\ndefense without giving counternotice.\n(5) No certificate of election shall be issued by the State Board of Elections while any\nelection contest is pending, and any certificate issued before, during, or after final\nresolution by the board of any election contest filed under this section shall be nu ll\nand void.\n(6) Immediately after the filing of the application and notice of contest, either party may\nproceed to take proof by depositions, under the same rules and regulations that\ngovern the taking of depositions in actions in equity, except that no c ommission\nshall be required for taking a deposition out of the state. The depositions shall be\nsealed by the officer taking them, and directed to the clerk of the Senate or clerk of\nthe House, as the case may require. The depositions properly taken shall b e read as\nevidence before the board or house of the General Assembly having jurisdiction of\nthe case, and the board or house may call for and hear other proof as either shall\ndetermine. The taking of depositions to be used before the board or house of the\nGeneral Assembly shall close ten (10) days before the next meeting of the General\nAssembly, or, if the General Assembly is in session when the application and notice\nis filed, when the board or house orders the taking of proof by deposition to close.\n(7) The costs of the proceeding shall be adjudged against the unsuccessful party, and a\ncertificate of costs shall be given by the clerk of the Senate or the clerk of the House\nto the parties to the contest or their attorneys, as the case requires, and shall be  paid\nto the prevailing party within thirty (30) days of adjudication. If the costs are not\ntimely paid, the prevailing party may seek entry of a judgment in a Circuit Court of\ncompetent jurisdiction.","path":["KRS Chapter 120"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51720","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:18Z","sha256":"f3bc5374dd8bf0c9f389b8d5ad008b348e9d7ee1417dc8317fa88150513ab93a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-120.190","next":"us-ky/krs-120.200"},"notice":"GroundRules: Original legal text. Not legal advice."}