Ky. Rev. Stat. » Chapter 118

Ky. Rev. Stat. § 118.176

Challenging bona fides of candidate

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(1) A "bona fide" candidate means one who is seeking nomination in a primary or election in a special or regular election according to law. (2) 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. An action regarding the bona fides of the nominee of a political party or a nonpartisan or judicial nominee may be commenced at any time prior to the primary. An action regarding the bona fides for election to an office as a member of a political organization, political group, or as an independent may be commenced at any time prior to a special or regular election. The motion shall be tried summarily and without delay. Proof may be heard orally, and upon motion of either party shall be officially reported. If the Circuit Judge of the circuit in which the proceeding is filed is disqualified or absent from the county or is herself or himself a candidate, the proceeding may be presented to, heard and determined by the Circuit Judge of any adjoining judicial circuit. (3) In any action or proceeding under this section the burden of proof as to the bona fides of a candidate shall be on the person challenging the bona fides of a candidate. (4) If the court finds the candidate is not a bona fide candidate it shall so order, and certify the fact to the board of elections, and the candidate's name shall be stricken from the written designation of election officers filed with the board of elections or the court may refuse recognition or relief in a mandatory or injunctive way. The order of the Circuit Court shall be entered on the order book of the court and shall be subject to a motion to set aside in the Court of Appeals. The motion shall be heard by the Court of Appeals or a judge thereof in the manner provided for dissolving or granting injunctions, except that the motion shall be made before the court or judge within five (5) days after the entry of the order in the Circuit Court, and may be heard and tried upon the original papers, and the order of the Court of Appeals or judge thereof shall be final. (5) No person shall approach the Circuit Judge for the purpose or view of influencing his or her decision on the motion pending before the Circuit Judge or to be tried by him or her. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 197, sec. 76, effective June 29, 2021. -- Amended 2010 Ky. Acts ch. 123, sec. 1, effective July 15, 2010. -- Amended 2001 Ky. Acts ch. 52, sec. 1, effective June 21, 2001. -- Amended 1984 Ky. Acts ch. 413, sec. 2, effective April 11, 1984. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 131, effective January 2, 1978. -- Amended 1976 Ky. Acts ch. 62, sec. 86, effective June 19 1976; and ch. 247, sec. 7, effective June 19 1976. -- Created 1974 Ky. Acts ch. 130, sec. 107, effective June 21, 1974.

Notes of Decisions
Cited in 23 cases (5 in the last 5 years), 1978–2024 · leading case: Stephenson v. Woodward
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Stephenson v. Woodward (2006) ky · cites it 184× “The motion, filed pursuant to KRS 118.176, alleged that Stephenson failed to meet the residency requirement set forth in Section 32 of the Kentucky Constitution.”
Hon George W. Davis III v. Hon Thomas D. Wingate Judge, Franklin Circuit Court Div. II (2014) ky · cites it 68× “]" 20 A court acts outside its jurisdiction, accordingly, only "where [it] has not been given, by constitutional provision or statute, the power to do anything at all.”
Noble v. Meagher (1985) ky · cites it 20× “The critical issue is whether KRS 118.176 applies to non-partisan judicial races and whether the suit challenging the residency qualifications of Noble was brought in the right court.”
Thomas v. Lyons (1979) ky · cites it 11× “The action was brought in the form of a motion under KRS 118.176, a statute providing a summary procedure for challenging the good faith of a candidate “seeking party nomination or election as an independent,” etc.”
Heleringer v. Brown (2003) ky · cites it 8× “On March 11, 2003, an action was brought against Bates in the Oldham Circuit Court seeking a declaration under KRS 118.176 that Bates was not a bona fide candidate for Lieutenant Governor for failure to meet the six year residency requirement of Section 72 of the Kentucky…”
Mobley v. Armstrong (1998) ky · cites it 5× “Appellee filed a complaint in the Jefferson Circuit Court for Declaration of Rights pursuant to KRS 118.176 and CR 57 and Injunctive Relief pursuant to CR 65.”
Kentucky Judicial Conduct Commission v. Woods (2000) ky · cites it 2× “KRS 118.176 provides for the bona fide challenge of a candidate: (2) The bona fides of any candidate seeking .”
Gibson v. Thompson (2011) ky · cites it 4× “The motion must be denied because the Movants were not entitled to move the Court of Appeals for relief pursuant to KRS 118.176. Subsection (4) of KRS 118.176 provides: If the court finds the candidate is not a bona fide candidate it shall so order, and certify the fact to the…”
Hoffman v. Waterman (2004) kyctapp · cites it 2× “Pursuant to KRS 118.176(4), on June 22, 2004, Hoffman filed this motion to set aside the order of the circuit court.”
Ashley Ahrens v. Daniel Fendley (2023) kyctapp · cites it 48× “The order of December 16, 2022, also denied Ahrens’s petition for a declaration of rights seeking to declare that KRS 118.176 is unconstitutional. After our review, we affirm.”
Dickey v. Bagby (1978) kyctapp · cites it 3× “This action was brought pursuant to KRS 118.176 to determine the eligibility of the appellee for candidacy to the office of Kenton County Board of Education.”
Barnard v. Stone (1996) ky “By virtue of KRS 118.176(3), the burden of proof as to lack of bonafides of a candidate is upon the challenger.”
Show all 23 citing cases →
— Ky. Rev. Stat. § 118.176(1) — 4 cases
Stephenson v. Woodward (2006) ky “The motion, filed pursuant to KRS 118.176, alleged that Stephenson failed to meet the residency requirement set forth in Section 32 of the Kentucky Constitution.”
Hon George W. Davis III v. Hon Thomas D. Wingate Judge, Franklin Circuit Court Div. II (2014) ky “]" 20 A court acts outside its jurisdiction, accordingly, only "where [it] has not been given, by constitutional provision or statute, the power to do anything at all.”
Nirupama Kulkarni v. Dennis Horlander (2024) ky
Hon George W. Davis III v. Hon Thomas D. Wingate Judge, Franklin Circuit Court Div. II (2014) ky
— Ky. Rev. Stat. § 118.176(2) — 8 cases
Stephenson v. Woodward (2006) ky “The motion, filed pursuant to KRS 118.176, alleged that Stephenson failed to meet the residency requirement set forth in Section 32 of the Kentucky Constitution.”
Hon George W. Davis III v. Hon Thomas D. Wingate Judge, Franklin Circuit Court Div. II (2014) ky “]" 20 A court acts outside its jurisdiction, accordingly, only "where [it] has not been given, by constitutional provision or statute, the power to do anything at all.”
Ashley Ahrens v. Daniel Fendley (2023) kyctapp “The order of December 16, 2022, also denied Ahrens’s petition for a declaration of rights seeking to declare that KRS 118.176 is unconstitutional. After our review, we affirm.”
Hon George W. Davis III v. Hon Thomas D. Wingate Judge, Franklin Circuit Court Div. II (2014) ky
Geoffrey M. Young v. Honorable Jeremy Mattox (2022) ky
— Ky. Rev. Stat. § 118.176(3) — 2 cases
Barnard v. Stone (1996) ky “By virtue of KRS 118.176(3), the burden of proof as to lack of bonafides of a candidate is upon the challenger.”
Dickey v. Bagby (1978) kyctapp “This action was brought pursuant to KRS 118.176 to determine the eligibility of the appellee for candidacy to the office of Kenton County Board of Education.”
— Ky. Rev. Stat. § 118.176(4) — 12 cases
Stephenson v. Woodward (2006) ky “The motion, filed pursuant to KRS 118.176, alleged that Stephenson failed to meet the residency requirement set forth in Section 32 of the Kentucky Constitution.”
Hon George W. Davis III v. Hon Thomas D. Wingate Judge, Franklin Circuit Court Div. II (2014) ky “]" 20 A court acts outside its jurisdiction, accordingly, only "where [it] has not been given, by constitutional provision or statute, the power to do anything at all.”
Heleringer v. Brown (2003) ky “On March 11, 2003, an action was brought against Bates in the Oldham Circuit Court seeking a declaration under KRS 118.176 that Bates was not a bona fide candidate for Lieutenant Governor for failure to meet the six year residency requirement of Section 72 of the Kentucky…”
Thomas v. Lyons (1979) ky “The action was brought in the form of a motion under KRS 118.176, a statute providing a summary procedure for challenging the good faith of a candidate “seeking party nomination or election as an independent,” etc.”
Hoffman v. Waterman (2004) kyctapp “Pursuant to KRS 118.176(4), on June 22, 2004, Hoffman filed this motion to set aside the order of the circuit court.”
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