Ky. Rev. Stat. » Chapter 122
Kentucky Revised Statutes

Ky. Rev. Stat. § 122.060 (2026)

Repealed, 1974

✓ current as of May 2026
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Catchline at repeal: Recount of primary election. History: Repealed 1974 Ky. Acts ch. 130, sec. 198. -- Amended 1960 Ky. Acts ch. 107, sec. 7, effective June 16, 1960. -- Amended 1946 Ky. Acts ch. 151, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1550-28.

Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1945–2022 · leading case: Hon George W. Davis III v. Hon Thomas D. Wingate Judge, Franklin Circuit Court Div. II, 437 S.W.3d 720 (Ky. 2014).
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Hon George W. Davis III v. Hon Thomas D. Wingate Judge, Franklin Circuit Court Div. II, 437 S.W.3d 720 (Ky. 2014). · cites it 2× “020 and KRS 122.060. Moreover, the Court stated, "[s]uch procedure cannot be changed or obviated by incorporating grounds for a recount .”
Hogg v. Howard, 242 S.W.2d 626 (Ky. Ct. App. 1951). · cites it 3× “Hogg thereupon instituted a recount proceeding, under KRS 122.060, in the .Harlan Circuit Court.”
Dixon v. Maddox, 223 S.W.2d 178 (Ky. Ct. App. 1949). · cites it 3× “These officers are required to issue certain certificates which unquestionably are those referred to in KRS 122.060. The members of the County Election Commission were not made parties to the action as prescribed by KRS 122.”
Berndt v. Fitzpatrick, 189 S.W.2d 678 (Ky. Ct. App. 1945). · cites it 2× “Fitzpatrick won the nomination by 84 votes and Berndt filed a petition against Fitzpatrick and the County Board of Election Commissioners asking a recount as is provided in KRS 122.060. The recount resulted in Fitzpatrick being adjudged the *485 nominee by 11 votes.”
Ritchie v. Mann, 500 S.W.2d 62 (Ky. Ct. App. 1973). · cites it 2× “Inman filed suit under KRS 122.060 for a recount, in which it was eventually determined that Ritchie had won by two votes, 173 to 171.”
Hatcher v. Ardery, 242 S.W.2d 105 (Ky. Ct. App. 1951). · cites it 4× “Following the state-wide primary election held on August 4, 1951, George Glenn Hatcher, who was a candidate for Democratic nomination for Auditor of Public Accounts, filed a petition in the Franklin Circuit Court, under KRS 122.060, seeking a recount of the votes in 16 counties…”
Brock v. Saylor, 189 S.W.2d 688 (Ky. Ct. App. 1945). “The statute, KRS 122.060, does not require that the boxes shall be delivered or ordered delivered to the circuit clerk in person.”
Monroe v. Graves Cnty. Bd. of Election Commissioners, 293 S.W.2d 725 (Ky. Ct. App. 1956). · cites it 2× “The trial court denied the recount *726 on the ground that the integrity of the ballots had not been satisfactorily shown as required by KRS 122.060. This story has two parts. The first part covers a period of about two weeks when the 57 boxes containing the ballots of all…”
Wilhoit v. Liles, 189 S.W.2d 851 (Ky. Ct. App. 1945). · cites it 2× “Within the time prescribed by statute, Liles filed this action against Wilhoit and the county board of Election Commissioners, under KRS 122.060, asking a recount. Included in the petition were averments that Wilhoit had violated the Corrupt Practices Act, KRS 123.”
Stevens v. Coleman, 224 S.W.2d 149 (Ky. Ct. App. 1949). · cites it 2× “The record was filed here September 9, and within ten days, as provided by KRS 122.060. We are not disposed to hold this a fatal error, but counsel should acquaint themselves with the provisions of Civil Code of Practice, section 739, and section 1.”
Bridgette Ehly v. Commonwealth of Kentucky State Bd. of Elections (Ky. Ct. App. 2022). · cites it 2× “The Court noted that KRS 122.060, the statute then relating to a petition for a recount of the ballots, provided: “A copy of the order shall be served upon the parties or their counsel in the same manner as notices are required to be served, which shall be deemed sufficient…”
Ashcraft v. Edmondson, 242 S.W.2d 635 (Ky. Ct. App. 1951). “Ashcraft filed a petition asking the circuit court to recount the ballots but combined her request under the particular statute, KRS 122.060, with other allegations constituting a contest of Edmondson’s election on the ground that the early closing of the.”
Show all 18 citing cases →
— Ky. Rev. Stat. § 122.060(2) — 1 case
Stevens v. Coleman, 224 S.W.2d 149 (Ky. Ct. App. 1949). “The record was filed here September 9, and within ten days, as provided by KRS 122.060. We are not disposed to hold this a fatal error, but counsel should acquaint themselves with the provisions of Civil Code of Practice, section 739, and section 1.”
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