Ky. Cir. Ct. Clerks' Manual ELECTIONS

36 ELECTIONS

KRS 118.176, 120.055, 120.065, 120.155, 120.165,

120.095, 120.185, 242.020 Process Map

Circuit Court

36.1 Challenge to Election Candidacy

KRS 118.176

 A "bona fide" candidate means one who is seeking nomination in a primary, special, or

regular election.

 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 candidate 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.

1. When a motion is received that challenges the candidacy of an

individual in a primary or general election, treat the motion as an Quick Reference

initiating document. Collect filing fees

2. Collect filing fees as set forth in the Accounting Manual and give a

receipt. Do not apply the FILED stamp or process the petition until

the filing fees are paid.

EXCEPTIONS: The following are exempted from the filing fees:

• In Forma Pauperis Granted. See Section 57 Motion for Leave to

Proceed In Forma Pauperis.

• Petitioner is the Commonwealth KRS 453.010.

3. Assign to a division using the procedure in your local court rules.

4. Open a case. For more information, see Case Add in the KyCourts Apply FILED stamp

Manual. Use case type OTH. Use case type OTH

5. Generate the next number in the computer for circuit civil CI cases or

use the next pre-numbered file folder.

6. DO NOT proceed with the following steps unless filing fees have been

paid, In Forma Pauperis has been granted, or the petitioner is the Use motion type

Commonwealth. MH if motion sets

hearing date or use

7. Apply the FILED stamp to the motion; add the date and your initials. motion type MNH if

not

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8. The plaintiff must file enough copies of the motion for service upon each Quick Reference

defendant, in addition to the original, which is filed in your office. If

you make the copies, collect a copy fee as set forth in the Accounting Use motion type

Manual and give a receipt. MH if motion sets

9. Complete a scheduled events screen. hearing date or use

motion type MNH if

• If the motion sets a hearing date, complete a scheduled events not

screen using motion type MH, motion hour.

• If no hearing is required, set the motion using motion type MNH,

motion not requiring a hearing and then deliver it to the judge.

36.2 Service of Summons

The plaintiff will instruct whether service of summons is by certified mail or personal

delivery. If requested by the plaintiff, return the summons to the plaintiff to handle service

of process and record service type RAP. For Return of Service, see Service of Process.

36.3 Judgment/Order

1. When a signed judgment or order is received, apply the ENTERED Quick Reference

stamp to the judgment or order; add the date and your initials. Enter, date, initial

2. Enter the judgment or order on the document screen, including a

brief description. Document code OO – Order Other. Document code OO

3. Serve notice of entry on every party who is not in default or who has

not filed a written waiver of notice. For more information, see Notice Serve notice of

of Entry. entry

4. Make an entry on the document screen showing the manner and date

of the service of notice of entry or judgment. Document manner

and date of service

NOTE: If the Order states that the Court has found that the candidate

being challenged is not a bona fide candidate, send a certified copy of Kentucky Board of

the Order to the Board of Elections. The Order may be challenged Elections

within five days after the entry of the Order. 140 Walnut Street

Frankfort, KY 40601

5. When the judgment or order closes the case, complete the disposition

date, disposition type and judge at disposition on the case screen.

36.4 Appeals/Challenges

The order shall be subject to a motion to set aside in the Court of Appeals. The motion shall

be made before the Court of Appeals within five (5) days after the entry of the order in the

Circuit Court. KRS 118.176(4).

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36.5 Primary Elections

36.5.1 Primary Election Contests

KRS 120.055, 120.065

Any candidate for nomination to office at a primary or any candidate for nomination to a

city office at a primary for whom a number of votes was cast equal to not less than fifty

percent (50%) of the votes cast for the successful candidate for nomination to the office,

may contest the right of the successful candidate, and of any other candidate for

nomination to the office, to the nomination by filing a petition in the Circuit Court. The

petition shall be filed within ten (10) days from the day of the primary.

Venue

In the case of candidates elected by voters of the whole state, the petition shall be filed in

the Franklin Circuit Court; in the case of candidates of a county or local office the petition

shall be filed in the Circuit Court of the county in which the contestee resides.

Filing Fee

Collect filing fees as noted in the Challenge to Election Candidacy section. Do not apply the

FILED stamp or process the petition until the filing fees are paid.

Petition

Quick Reference

1. Assign to a division using the procedure in your local court rules.

2. Open a case. For more information, see Case Add in the KyCourts Case Type OTH

Manual. Use case type OTH.

3. Generate the next number in the computer for circuit civil CI cases or

use the next pre-numbered file folder.

4. DO NOT proceed with the following steps unless filing fees have been

paid, In Forma Pauperis has been granted, or the petitioner is the

Commonwealth.

File, stamp, date,

5. Apply the FILED stamp to the petition to contest the primary election initial

of officers; add the date and your initials.

6. Generate a Civil Summons for each person to be served by completing

Summons Code CI

a summons screen, using summons code CI. A summons shall be

issued, returnable in seven (7) days. KRS 120.055.

7. The summons and the petition (and any motions filed with the petition) shall be

served together. The party requesting the summons shall furnish sufficient copies of

the petition for this purpose. CR 4.04(1).

NOTE: If you make copies, collect a copy fee as set forth in Accounting Manual and

give a receipt.

8. The initiating party will instruct whether service of the summons is by certified mail

or personally delivered by the sheriff or other authorized person. CR 4.01(1). See

Service of Process. See Service of Process for return of service instructions.

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Hearing

Quick Reference

Upon return of the summons, the clerk shall immediately docket the cause Hearing Type OH

and notify the presiding judge of the court that the contest has been

instituted. Use hearing type OH.

Stamp ENTERED,

Judgment date, initial

1. When a signed judgment or order is received, apply the ENTERED stamp

to the judgment or order; add the date and your initials.

2. Enter the judgment or order on the document screen, including a brief

description. Serve notice of

entry

3. Serve notice of entry on every party who is not in default or who has not

filed a written waiver of notice. For more information, see Notice of Entry.

4. Make an entry on the document screen showing the manner and date of the service of

notice of entry or judgment.

5. When the judgment or order closes the case, complete the disposition date, disposition

type and judge at disposition on the case screen.

Appeals/Challenges

The order shall be subject to an appeal in the Court of Appeals.

The notice of appeal shall be filed and a supersedeas bond executed in the Circuit Court, and

the record shall be filed in the Court of Appeals, within ten (10) days after the entry of

judgment, or within such other time as the Court of Appeals may, for cause shown, permit.

KRS 120.075

36.5.2 Primary Election Recount

KRS 120.095

Venue

In the case of candidates elected by voters of the state at large, the petition shall be filed in

the Franklin Circuit Court; in the case of candidates of a county or local office the petition

shall be filed in the Circuit Court of the county in which the contestee resides.

Filing Fee

Collect filing fees as set forth in the Accounting Manual and give receipt. Do not apply the

FILED stamp or process the petition until the filing fees are paid.

Any candidate who is a contestee in a primary contest proceeding may request a recount in

their answer filed in the contest proceeding, but in that case the answer shall be filed within

five (5) days after the service of process on the petition. KRS. 120.095.

NOTE: When a request for a recount is made, the State Board of Elections or the county

board of elections, whichever would issue the certificate of nomination, shall be made a

party defendant.

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Petition

Any candidate voted for in a primary may petition the court for a request to recount the

ballots within ten (10) days after the date of the primary, any candidate qualified to bring a

contest proceeding may request a recount in a petition instituting the contest

proceeding, or contestee in a contest proceeding may request a recount in an Quick Reference

answer to a contest proceeding. The request for a recount made by a

File, date, initial.

contestee shall be filed within five (5) days after service of process on the

contest petition.

1. Upon receipt of a petition or answer to request a recount of the primary Case type OTH

election, apply the FILED stamp; add the date and your initials.

2. Open a case. For more information, see Case Add in the KyCourts Manual.

Use case type OTH.

NOTE: If the petition to request a recount is in the form of an answer of a

contestee in a contest petition use the existing case and file number.

3. Generate the next number in the computer for circuit civil CI cases or use

the next pre-numbered file folder.

4. DO NOT proceed with the following steps unless filing fees have been File, date, initial

paid, In Forma Pauperis has been granted, or the petitioner is the

Commonwealth.

5. Apply the FILED stamp to petition or answer to request a recount of the

primary election, add the date and your initials.

NOTE: Take the petition or answer to request a recount of the ballots to

the Circuit Judge to set a bond.

Bond

The party requesting the recount shall execute a bond with approved surety for the costs of

the recount, in an amount to be fixed by the Circuit Judge. Upon the bond being filed, the

clerk shall immediately notify the Circuit Judge of the request and the filing of the bond.

NOTE: Clerk must attest to the surety signature and administer the oath. KRS 395.140(2)

Oath to Sureties: “Do you solemnly swear or affirm that you will faithfully perform the

duties of ________________ according to law?” KRS. 62.030.

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Order for Recount Proceedings

Quick Reference

1. Upon receipt of a petition or answer to request a recount of the primary Stamp ENTERED,

election, apply the FILED stamp; add the date and your initials. date, initial.

2. Enter the judgment or order on the document screen, including a brief

description.

3. Serve notice of entry on every party who is not in default or who has not

Serve notice of

filed a written waiver of notice. For more information, see Notice of Entry.

entry

4. Make an entry on the document screen showing the manner and date of

the service of notice of entry or judgment.

NOTE: Voting machines, voting equipment, or voting system, the ballots,

boxes, and all papers pertaining to the election may be transferred to the

circuit court in which the action is pending. Receive the machines and/or ballots as

ordered, but constructive possession may be sufficient. KRS 120.095.

Final Order/Judgment of Results of Recount

1. When a signed judgment or order is received, apply the ENTERED stamp

Quick Reference

to the judgment or order; add the date and your initials.

Stamp FILED, date,

2. Enter the judgment or order on the document screen, including a brief initial.

description.

3. Serve notice of entry on every party who is not in default or who has not

Serve notice of

filed a written waiver of notice. For more information, see Notice of Entry.

entry

4. Make an entry on the document screen showing the manner and date of

the service of notice of entry or judgment.

5. When the judgment or order closes the case, complete the disposition date, disposition

type and judge at disposition on the case screen.

6. Send a certified copy of the Order to the Board of Elections.

Appeals/Challenges

The order shall be subject to an appeal in the Court of Appeals by any party.

The notice of appeal shall be filed and a supersedeas bond executed in the Circuit Court, and

the record shall be filed in the Court of Appeals, within ten (10) days after the entry of

judgment, or within such other time as the Court of Appeals may, for cause shown, permit.

KRS 120.075.

36.6 Regular Elections

36.6.1 Regular Election Contests

KRS 120.155, 120.165

 Any candidate for election to any state, county, district or city office (except the office of

Governor, Lieutenant Governor, member of the General Assembly, and those city offices

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as to which there are other provisions made by law for determining contest elections),

for whom a number of votes was cast equal to not less than twenty-five percent (25%)

of the number of votes cast for the successful candidate for the office, may contest the

election of the successful candidate.

 The petition shall be filed and process issued within thirty (30) days after the day of

election.

Venue

A petition to contest the election of the successful candidate is filed in the Circuit Court of

the

county where the contestee resides, unless the officer is elected by the voters of the whole

state, in which case the petition shall be filed in the Franklin Circuit Court.

Filing Fee

Collect filing fees as noted in the Challenge to Election Candidacy section and give receipt.

Do not apply the FILED stamp or process the petition until the filing fees are paid.

Petition

Quick Reference

1. Assign to a division using the procedure in your local court rules. Stamp FILED, date,

2. Open a case. For more information, see Case Add in the KyCourts initial.

Manual. Use case type OTH. Case type OTH

3. Generate the next number in the computer for circuit civil CI cases or Summons code CI

use the next pre-numbered file folder.

4. DO NOT proceed with the following steps unless filing fees have been

paid, In Forma Pauperis has been granted, or the petitioner is the

Commonwealth. File, date, initial

5. Apply the FILED stamp to the petition to contest the regular election of

officers; add the date and your initials.

Service of Summons Summons code CI

1. Generate a Civil Summons for each person to be served by completing a

summons screen, using summons code CI.

2. The summons and the petition (and any motions filed with the petition)

shall be served together. The party requesting the summons shall furnish

sufficient copies of the petition for this purpose. CR 4.04(1).

NOTE: If you make copies, collect a copy fee as set forth in Accounting Manual and give

a receipt.

3. The initiating party will instruct whether service of the summons is by certified mail or

personally delivered by the sheriff or other authorized person. CR 4.01(1). See Service

of Process.

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See Service of Process for return of service instructions.

Hearing

Schedule a hearing immediately upon the return of the executed summons and notify the

presiding judge of the court that the contest has been filed. Use hearing type OH.

Judgment

1. When a signed judgment or order is received, apply the ENTERED stamp Quick Reference

to the judgment or order; add the date and your initials. Stamp ENTERED,

date, initial.

2. Enter the judgment or order on the document screen, including a brief

description.

3. Serve notice of entry on every party who is not in default or who has not

filed a written waiver of notice. For more information, see Notice of Serve notice of

Entry. entry

4. Make an entry on the document screen showing the manner and date of

the service of notice of entry or judgment.

5. When the judgment or order closes the case, complete the disposition date, disposition

type and judge at disposition on the case screen.

Appeals/Challenges

The order shall be subject to an appeal in the Court of Appeals by any party. The notice of

appeal shall be filed and a supersedeas bond executed in the Circuit Court, and the record

shall be filed in the Court of Appeals, within ten (10) days after the entry of judgment, or

within such other time as the Court of Appeals may, for cause shown, permit. KRS 120.075.

36.6.2 Regular Election Recount

KRS 120.185

 Any candidate who was voted for at a regular election for any of the offices to which

KRS 120.155 applies, and who does not qualify for an automatic recount under KRS

120.157, may request a recount of the ballots by filing a petition. If the candidate is

qualified to institute a contest proceeding under KRS 120.155, the candidate may

request a recount by including a recount request in his or her petition instituting the

contest proceeding.

 KRS 120.185(1)(c): For any candidate who would receive a certificate of election from

the county board of elections under KRS 118.425 shall file their petition requesting a

recount no later than ten (10) days after the day of the election.

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 KRS 120.185(1)(d): For any candidate who would receive a certificate of election from

the State Board of Elections under KRS 118.425 shall file their petition requesting a

recount no later than the second Tuesday following the election.

 KRS 120.185(2)(b) For any slate of candidates for Governor and Lieutenant Governor,

the petition requesting a recount shall be filed not later than the Tuesday following the

election.

Venue

A petition to recount the election of the successful candidate is filed in the Circuit Court of

the county where the requesting candidate resides, unless the officer is elected by the

voters of the whole state, in which case the petition shall be filed in the Franklin Circuit

Court.

Filing Fee

Collect filing fees as noted in the Challenge to Election Candidacy section and give receipt.

Do not apply the FILED stamp or process the petition until the filing fees are paid.

Petition

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1. Assign to a division using the procedure in your local court rules.

Quick Reference

2. Open a case. For more information, see Case Add in the KyCourts

Manual. Use case type OTH.

3. Generate the next number in the computer for circuit civil CI cases or

use the next pre-numbered file folder.

4. DO NOT proceed with the following steps unless filing fees have been

paid, In Forma Pauperis has been granted, or the petitioner is the

Commonwealth.

5. Upon receipt of a petition, apply the FILED stamp; add the date and File, date, initial.

your initials.

NOTE: Take the petition to request a recount of the ballots to the Circuit

Judge to set a bond.

Bond

The party requesting the recount shall execute a bond with approved surety

for the costs of the recount, in an amount to be fixed by the Circuit Judge.

Upon the bond being filed, the clerk shall immediately notify the Circuit Judge

of the request and the filing of the bond.

NOTE: Clerk must attest to the surety signature and administer the oath. KRS

395.140(2)

Oath to Sureties: “Do you solemnly swear or affirm that you will faithfully

perform the duties of ________________ according to law?” KRS. 62.030.

NOTE: The bond may be filed by the state political party, political organization, or political

group, if any, to which the candidate is affiliated.

Order for Recount Proceedings Quick Reference

1. When a order to recount ballots is received, apply the ENTERED stamp Stamp ENTERED,

to the judgment or order; add the date and your initials. date, initial.

2. Enter the judgment or order on the document screen, including a brief

description. Serve notice of

3. Serve notice of entry on every party who is not in default or who has not entry

filed a written waiver of notice. For more information, see Notice of

Entry.

4. Make an entry on the document screen showing the manner and date of

the service of notice of entry or judgment.

NOTE: Voting machines and ballots may be removed to the court in which the action

is pending. Receive the machines and/or ballots as ordered, but constructive

possession may be sufficient. KRS 120.185.

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Final Order/Judgment of Results of Recount

Quick Reference

1. When a signed judgment or order is received, apply the ENTERED Stamp ENTERED,

stamp to the judgment or order; add the date and your initials. date, initial.

2. Enter the judgment or order on the document screen, including a brief

description.

Serve notice of

3. Serve notice of entry on every party who is not in default or who has not entry

filed a written waiver of notice. For more information, see Notice of

Entry.

4. Make an entry on the document screen showing the manner and date of the service

of notice of entry or judgment.

5. When the judgment or order closes the case, complete the disposition date,

disposition type and judge at disposition on the case screen.

6. Send a certified copy of the Order to the Board of Elections.

Appeals/Challenges

The order shall be subject to an appeal in the Court of Appeals. The motion shall be made

before the court of appeals or appellate judge within ten (10) days after the entry of the

order in the Circuit Court.

Any party may appeal from the court’s judgment under KRS 120.185(1)(j) setting out the

results of the recount. The notice of appeal shall be filed and a supersedeas bond executed

in the Circuit Court, and the record shall be filed in the Court of Appeals, within ten (10)

days after the entry of judgment, or within such other time as the Court of Appeals may,

for cause shown, permit. KRS 120.075.

NOTE: For the slate of candidates referenced in KRS 120.185(2), no appeal shall be taken

from the findings issued by the Franklin Circuit Court setting out the results of the recount.

However, any aggrieved party may file a petition for contest to the General Assembly

under KRS 120.195.

36.7 Local Option Election Board

KRS 242.020

 If a local option election for the limited sales of alcoholic beverages by the drink is to be

held on any day other than a primary or regular election date, a person or group seeking

the local option election shall post bond with the Circuit Court to cover all costs of the

election within five days after a signed petition for a local option election with the

qualifying number of signatures is filed with the county clerk. The cost of the election shall

be established by the county judge/executive to determine the bond amount.

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1. Collect the amount of the bond as determined and the bond filing fee as set forth in the

Accounting Manual and give a receipt. KRS 64.005.

NOTE: You do not need to complete a bond form. Quick Reference

Stamp FILED, date,

2. Apply the FILED stamp to the bond and affidavit (AFF); add the date and your initial.

initials.

3. Collect filing fees as set forth in the Accounting Manual and give a receipt.

4. Open a Circuit Civil case. For more information, see Case Add in the KyCourts

Manual. Use case type OTH. Generate the next number in the computer for Case type OTH

circuit civil CI cases or use the next pre-numbered file folder.

5. Complete a document screen. Use document type LOEB. Document type

6. Mail a copy of the bond to all appellees. LOEB

7. Make a notation of the mailing in the document screen memo where the bond

is filed.

8. Upon receipt of an Order release the bond as directed.