Ky. Rev. Stat. » Chapter 118

Ky. Rev. Stat. § 118.130

Repealed, 1972

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Catchline at repeal: When certificates and petitions of nominations to be filed. History: Repealed 1972 Ky. Acts ch. 188, sec. 69, effective December 1, 1972. -- Amended 1964 Ky. Acts ch. 142, sec. 3, effective June 18, 1964. -- Amended 1946 Ky. Acts ch. 242, sec. 26, effective March 23, 1946. -- Amended 1942 Ky. Acts ch. 174, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1456, 1482; 1520a-15.

Notes of Decisions
Cited in 7 cases, 1950–1972 · leading case: Pratt v. Begley
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Pratt v. Begley (1970) kyed · cites it 4× “While the majority correctly characterizes the issue in this case as the reasonableness of the challenged election statute [Kentucky Revised Statute § 118.130(3)] as applied to independent candidates, I respectfully dissent from their conclusion on this question.”
Treadway v. Miller (1962) kyctapp “080, and excluded from the count, under the language of KRS 118.130(2). In neither instance was the day of filing reckoned in connection with the forty-five-day period involved there.”
Evans v. Hill (1950) kyctapp “220, and was filed within not less than 45 nor more *62 than 60 days before the day of the election in compliance with KRS 118.130 (4). Subsequently, Evans discovered that by mistake his petition showed he was a candidate in District No.”
Duncan v. Queenan (1953) kyctapp · cites it 9× “030 the count must eliminate August 1, 1953, because KRS 118.130, Subsection (2), does not provide ‘not less than forty-five days before the primary election,’ but provides ‘not less than forty-five days before the day fixed by law for the election.”
Fannin v. Cassell (1972) kyctapp · cites it 2× “The provision of this statute fixing a time before which nominating papers shall not be filed is unusual, as is evidenced by the first three subsections of KRS 118.130, which omit any such provision as to the great majority of offices.”
Lisle v. Schooler (1956) kyctapp “Third, there is no'provision by which" a p'erson" can' have his name placed upon the ballot as an- independent candidate to fill a vacancy, if the vacancy occurs after the time prescribed in KRS 118.130 (3)for filing petitions 'of nomination has expired.”
Hallahan v. Anderson (1971) kyctapp · cites it 3× “080 shall be filed not less than fifty-five days before the day fixed by law for the holding of primary elections (if such petition is required to be filed with the Secretary of State), and not less than forty-five days before the day fixed by law for holding of primary…”
— Ky. Rev. Stat. § 118.130(2) — 2 cases
Treadway v. Miller (1962) kyctapp “080, and excluded from the count, under the language of KRS 118.130(2). In neither instance was the day of filing reckoned in connection with the forty-five-day period involved there.”
Duncan v. Queenan (1953) kyctapp “030 the count must eliminate August 1, 1953, because KRS 118.130, Subsection (2), does not provide ‘not less than forty-five days before the primary election,’ but provides ‘not less than forty-five days before the day fixed by law for the election.”
— Ky. Rev. Stat. § 118.130(3) — 3 cases
Pratt v. Begley (1970) kyed “While the majority correctly characterizes the issue in this case as the reasonableness of the challenged election statute [Kentucky Revised Statute § 118.130(3)] as applied to independent candidates, I respectfully dissent from their conclusion on this question.”
Duncan v. Queenan (1953) kyctapp “030 the count must eliminate August 1, 1953, because KRS 118.130, Subsection (2), does not provide ‘not less than forty-five days before the primary election,’ but provides ‘not less than forty-five days before the day fixed by law for the election.”
Hallahan v. Anderson (1971) kyctapp “080 shall be filed not less than fifty-five days before the day fixed by law for the holding of primary elections (if such petition is required to be filed with the Secretary of State), and not less than forty-five days before the day fixed by law for holding of primary…”
— Ky. Rev. Stat. § 118.130(4) — 1 case
Fannin v. Cassell (1972) kyctapp “The provision of this statute fixing a time before which nominating papers shall not be filed is unusual, as is evidenced by the first three subsections of KRS 118.130, which omit any such provision as to the great majority of offices.”
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