Ky. Rev. Stat. » Chapter 120

Ky. Rev. Stat. § 120.015

Corrupt practices as grounds for contest -- Effect if successful candidate

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found guilty. In any contest over the nomination or election of any state, county, city or district officer, it may be alleged in the pleadings of the contestant that the provisions of KRS 121.025, 121.045, 121.055 or 121.310, have been violated by the contestee or by others in his behalf with his knowledge, and it may likewise be alleged in the pleadings of the contestee that such provisions have been violated by the contestant or by others in his behalf with his knowledge. If it appears upon the trial of the contest that such provisions have been violated by the contestant or by others in his behalf with his knowledge, the contest action shall be dismissed and the contestant shall have no further right to maintain the same. If no such violation by the contestant, or by others in his behalf with his knowledge, appears, and it appears that such provisions have been violated by the contestee or by others in his behalf with his knowledge, the nomination or election of the contestee shall be declared void. In the case of primary elections, if any candidate who is a party to the contest proceedings has not violated the provisions of KRS 121.025, 121.045, 121.055 or 121.310, and all candidates who received more votes than he did are also parties and are found to have violated those provisions, such candidate shall be declared nominated. History: Created 1974 Ky. Acts ch. 130, sec. 157.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1979–2022 · leading case: Magoffin County Board of Elections v. John Montgomery
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Magoffin County Board of Elections v. John Montgomery (2016) ky · cites it 6× “055, a central component of the Corrupt Practices Act (KRS 120.015). A bench trial, which commenced on February 2, 2015, -included testimony of twenty-seven witnesses presented by Montgomery and ten witnesses presented by Appellants, in addition to the documentary evidence.”
Brown v. Hartlage (1982) scotus · cites it 2× “" Ky. Rev. Stat. § 120.015 (1982). [5] The Court of Appeals noted that under Kentucky law, "salaries for county officers elected by popular vote shall be set by the fiscal court `not later than the first Monday in May in the year in which the officers are elected, and the…”
Charles Hardin M.D. v. John Montgomery (2016) ky · cites it 6× “055, a central component of the Corrupt Practices Act (KRS 120.015). A bench trial, which commenced on February 2, 2015, included testimony of twenty-seven witnesses presented by Montgomery and ten witnesses presented by Appellants, in addition to the documentary evidence.”
Magoffin County Board of Elections v. John Montgomery (2016) ky · cites it 6× “055, a central component of the Corrupt Practices Act (KRS 120.015). A bench trial, which commenced on February 2, 2015, included testimony of twenty-seven witnesses presented by Montgomery and ten witnesses presented by Appellants, in addition to the documentary evidence.”
Charles Hardin M.D. v. John Montgomery (2016) ky · cites it 6× “055, a central component of the Corrupt Practices Act (KRS 120.015). A bench trial, which commenced on February 2, 2015, included testimony of twenty-seven witnesses presented by Montgomery and ten witnesses presented by Appellants, in addition to the documentary evidence.”
Kentucky Registry of Election Finance v. Jordan (1979) kyctapp “These provisions are substantially carried over into KRS 120.015. Under these statutes an election could be voided only at the instance of a defeated candidate in a contest, and not even then if the defeated candidate had also violated the Act.”
Magoffin County Board of Elections v. John Montgomery (2016) ky · cites it 4× “055, a central component of the Corrupt Practices Act (KRS 120.015). A bench trial, which commenced on February 2, 2015, included testimony of twenty-seven witnesses presented by Montgomery and ten witnesses presented .”
Charles Hardin M.D. v. John Montgomery (2016) ky · cites it 4× “055, a central component of the Corrupt Practices Act (KRS 120.015). A bench trial, which commenced on February 2, 2015, included testimony of twenty-seven witnesses presented by Montgomery and ten witnesses presented » by Appellants, in addition to the documentary evidence.”
James Luersen, in His Official Capacity as Campbell County Clerk v. David Fischer (2022) kyctapp “055,3 a central component of the Corrupt Practices Act (KRS 120.015), by distributing campaign materials and handing out pens worth $0.”
Newsome v. Hall (2005) kyctapp “055, that the contest was precluded by Hall’s own violations of the corrupt practices provisions set out in KRS 120.015, and that the illegal campaign contribution did not support the order of removal.”
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