Kentucky Revised Statutes

Ky. Rev. Stat. § 120.155 (2026)

Contest of regular election of officers other than Governor, Lieutenant

✓ current as of May 2026

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Governor, General Assembly member and certain city officers. (1) 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 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, by filing a petition in the Circuit Court of the county where the contestee resides, unless the officer is one (1) elected by the voters of the whole state, in which case the petition shall be filed in the Franklin Circuit Court. (2) (a) The petition shall be filed and process issued within thirty (30) days after the day of election. (b) The petition shall state the grounds of the contest relied on, and no other grounds shall afterwards be relied upon. (3) (a) The contestee shall file an answer within twenty (20) days after the service of summons upon him or her. (b) The answer may consist of a denial of the averments of the petition and may also set up grounds of contest against the contestant; if grounds are so set up they shall be specifically pointed out and none other shall thereafter be relied upon by the party. (4) Any candidate who would have been qualified to bring a contest action under this section, who is a party to a requested recount proceeding under KRS 120.185(1), may, by filing answer in the recount proceeding within the time allowed by this section for filing grounds of contest, set forth grounds of contest against the petitioner in the recount proceeding. (5) A reply may be filed within ten (10) days after the answer is filed; its affirmative allegations shall be treated as controverted, and no subsequent pleading shall be allowed. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 197, sec. 85, effective June 29, 2021. -- Created 1974 Ky. Acts ch. 130, sec. 163.

Notes of Decisions

Cited in 15 cases (1 in the last 5 years), 1977–2025 · leading case: Brown v. Hartlage, 456 U.S. 45 (1982).

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Brown v. Hartlage, 456 U.S. 45 (1982). · cites it 2× “Ky. Rev. Stat. §§ 120.155, 120.165 (1982).”

Stephenson v. Woodward, 182 S.W.3d 162 (Ky. 2006). · cites it 2× “" KRS 120.155 sets the stage and provides, in relevant part: Any candidate for election to any state, county, district or city office (except the office of Governor, Lieutenant Governor, member of the General Assembly,.”

Magoffin Cnty. Bd. of Elections v. John Montgomery, 495 S.W.3d 686 (Ky. 2016). · cites it 3× “Pursuant to KRS 120.155, Montgomery filed a petition in the Magoffin Circuit Court to contest the election.”

McClendon v. Hodges, 272 S.W.3d 188 (Ky. 2008). “At the outset, we note that this election contest was initiated by Hodges pursuant to KRS 120.155. As the circuit court tried this matter without a jury, we review the court’s findings of fact for clear error.”

Wood v. Kirby, 566 S.W.2d 751 (Ky. 1978). “Election contests are controlled by KRS 120.155,120.165 and 120.185. In the instant case, however, we are concerned with KRS 120.”

Clark v. Mason, 596 S.W.2d 16 (Ky. Ct. App. 1979). “Mason filed his petition on November 17, 1977, requesting a recount and contesting the election pursuant to KRS 120.155. This statute sets out the procedure to follow in a contest of a regular election and provides that evidence in chief for the contestant must be completed…”

Kirby v. Wood, 558 S.W.2d 180 (Ky. Ct. App. 1977). “This is an election contest brought pursuant to KRS 120.155. The facts are not in dispute.”

Charles Hardin M.D. v. John Montgomery (Ky. 2016). · cites it 3× “Pursuant to KRS 120.155, Montgomery filed a petition in the Magoffin Circuit Court to contest the election.”

Magoffin Cnty. Bd. of Elections v. John Montgomery (Ky. 2016). · cites it 3× “Pursuant to KRS 120.155, Montgomery filed a petition in the Magoffin Circuit Court to contest the election.”

Charles Hardin M.D. v. John Montgomery (Ky. 2016). · cites it 3× “Pursuant to KRS 120.155, Montgomery filed a petition in the Magoffin Circuit Court to contest the election.”

Magoffin Cnty. Bd. of Elections v. John Montgomery (Ky. 2016). “9 KRS 120.155 provides, in pertinent part: The petition [to contest the election] shall be filed and process issued within thirty (30) days after the day of election; it shall state the grounds l of the contest relied on, and no other grounds shall afterwards be relied ' _ upon.”

Charles Hardin M.D. v. John Montgomery (Ky. 2016). “` Pursuant to KRS 120.155, Montgomery filed a petition in the Magoffin .”

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