Kentucky Revised Statutes

Ky. Rev. Stat. § 120.250 (2026)

Contest or recount of election on public question

✓ current as of May 2026

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(1) Any elector who was qualified to and did vote on any public question, other than a constitutional amendment or a question of local option under KRS Chapter 242, submitted to the voters of any county, city or district for their approval or rejection may contest the election or demand a recount of the ballots by filing a petition, within thirty (30) days after the election, with the clerk of the Circuit Court of the county in which the election was held, which court shall have exclusive jurisdiction to hear and determine all matters in such cases. The petition shall be against the county, city or district in which the election was held, and shall set forth the grounds of contest or reason for requesting a recount. The grounds of contest may be the casting of illegal votes, the exclusion of legal votes, the unfair or illegal conduct of the election, tampering with the returns, the alteration of the certificates of the results, bribery, fraud, intimidation or corrupt practices, or any conduct or practice tending to frustrate, obstruct or interfere with the free expression of the will of the voters. A copy of the petition shall be posted at the courthouse door and at one or more public places in the county, city or district in which the election was held. Summons shall be served on the defendant as in equity actions. (2) Upon the petition being filed, the circuit clerk shall forthwith order the county board of election commissioners and the county clerk of the county involved in the contest to preserve and hold the ballots cast at the election on the question subject to the order of the Circuit Court. The court shall, within five (5) days after the petition is filed, determine whether there are sufficient grounds stated to justify the contest, and shall thereupon require the contestants to give bond for costs, and fix a time for the defendant to answer, not exceeding twenty (20) days. (3) If the county, city or district affected fails to defend the action, any elector may become a defendant by filing an answer or other proper pleading within thirty (30) days after the filing of the petition, and by giving security for the costs in an amount to be fixed by the court. Any elector may join and assist the defendant in resisting the action by filing an application to do so and by giving security for such proportion of the costs as may be adjudged against him. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 139, effective January 2, 1978. -- Created 1974 Ky. Acts ch. 130, sec. 170.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1976–2022 · leading case: Robinson v. Ehrler, 691 S.W.2d 200 (Ky. 1985).

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Robinson v. Ehrler, 691 S.W.2d 200 (Ky. 1985). · cites it 20× “plaintiffs complaint is barred for failing to challenge the election within thirty (80) days thereafter, pursuant to KRS 120.250.” Thus, in reviewing the judgment the threshold issue is whether this action to declare the election void is barred because it was not brought within…”

City of Pikeville v. Pike Cnty., 297 S.W.3d 47 (Ky. Ct. App. 2009). · cites it 13× “The petition sought relief pursuant to KRS 120.250, which governs contests and recounts of public elections, and KRS 418.”

Mary E. McCann Individually & on Behalf of All Others Similarly Situated v. The Sullivan Univ. Sys., Inc., D/B/A Sullivan Univ. Coll. of Pharmacy, 528 S.W.3d 331 (Ky. 2017). “165), as well as procedures for contesting an election on a public question (KRS 120.250) or constitutional amendment (KRS 120.”

King v. Campbell Cnty., 217 S.W.3d 862 (Ky. Ct. App. 2006). “We note, furthermore, that' election' challenges based on the wording of a public question constitute election contests governed by KRS 120.250, which requires that such contests be brought within thirty days after the election.”

Chandler v. City of Winchester, 973 S.W.2d 78 (Ky. Ct. App. 1998). “The Kentucky Supreme Court in the Robinson case held that a similar election contest statute (KRS 120.250) “relates to the type of case where the election is not void ab initio, but voidable (or contestable) on grounds specified in that Chapter.”

Dunn v. Marshall Cnty. Hosp. Dist., 543 S.W.2d 767 (Ky. 1976). “140 (now KRS 120.250). Having failed to challenge the election within the required time, the appellants are now barred from contesting it.”

Mary E. McCann Individually & on Behalf of All Others Similarly Situated v. The Sullivan Univ. Sys., Inc., D/B/A Sullivan Univ. Coll. of Pharmacy (Ky. 2017). “165), as well as procedures for contesting an election on a public question (KRS 120.250) or constitutional amendment (KRS 120.”

David M. Ward v. Sec'y of State, Ex Rel. Michael G. Adams in His Off. Capacity (Ky. 2022). “I would recognize the appellants’ standing in this case, independently of any statutory challenge under KRS 120.250. That noted, I concur in the majority’s result which tacitly upholds the amendment as approved by the voters of the Commonwealth, since, as practical matter, no…”

— Ky. Rev. Stat. § 120.250(1) — 2 cases

Robinson v. Ehrler, 691 S.W.2d 200 (Ky. 1985). “plaintiffs complaint is barred for failing to challenge the election within thirty (80) days thereafter, pursuant to KRS 120.250.” Thus, in reviewing the judgment the threshold issue is whether this action to declare the election void is barred because it was not brought within…”

City of Pikeville v. Pike Cnty., 297 S.W.3d 47 (Ky. Ct. App. 2009). “The petition sought relief pursuant to KRS 120.250, which governs contests and recounts of public elections, and KRS 418.”

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