Kentucky Revised Statutes
Ky. Rev. Stat. § 126.270 (2026)
Repealed, 1972
✓ current as of May 2026
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Catchline at repeal: Casting ballots -- Challenges -- Tabulation of vote -- Disposal of ballots and envelopes. History: Repealed 1972 Ky. Acts ch. 188, sec. 69. effective December 1, 1972. -- Amended 1970 Ky. Acts ch. 23, sec. 3, effective June 18, 1970. -- Amended 1952 Ky. Acts ch. 137, sec. 3, effective June 19, 1952. -- Created 1946 Ky. Acts ch. 242, sec. 14, effective March 23, 1946.
Notes of Decisions
Cited in 10
cases, 1949–1968 · leading case: Arnett v. Hensley, 425 S.W.2d 546 (Ky. Ct. App. 1968).
Arnett v. Hensley, 425 S.W.2d 546 (Ky. Ct. App. 1968). “The absentee ballots were not counted until the day after the election, although KRS 126.270 would seem to indicate that the absentee ballots should be tabulated before canvassing the votes cast at the polls.”
Pickard v. Jones, 243 S.W.2d 46 (Ky. Ct. App. 1951). “The substance of the statute relating to the counting of absentee ballots, KRS 126.270, is that as soon as the polls have closed, the election commissioners shall open the box containing them and examine the envelopes one at a time as to *49 form and condition.”
Jarboe v. Smith, 350 S.W.2d 490 (Ky. Ct. App. 1961). “The next two grounds urged for reversal are interrelated, as they concern how the ballots were treated when they were taken out of the box preparatory to their being made ready for tabulation in accordance *493 with certain provisions of KRS 126.270. To ascertain whether the…”
Hale v. Goble, 356 S.W.2d 33 (Ky. Ct. App. 1961). “It is provided by KRS 126.270 that the envelopes shall be removed one at a time from the ballot box.”
Stabile v. Osborne, 217 S.W.2d 980 (Ky. Ct. App. 1949). “The petition charges specifically the failure of the County Clerk and the Board of Election Commissioners to perform in the manner prescribed any of the duties imposed upon them by KRS 126.270(1, 3) relating to the handling and counting of absentee voters’ ballots.”
Burchell v. Smith, 262 S.W.2d 365 (Ky. Ct. App. 1953). “2d 980 , it was held that failure to comply with the provisions of KRS 126.270(1-3) did not invalidate absentee ballots which were not handled and counted in the manner directed by the statutes.”
Kincer v. Holbrook, 307 S.W.2d 922 (Ky. Ct. App. 1957). “The boxes shall remain locked, and the members of the county board of election commissioners shall retain the keys in their possession, until the boxes have been delivered to the county board of election commissioners following the election and opened as provided in KRS…”
Warren v. Rayburn, 267 S.W.2d 720 (Ky. Ct. App. 1954). “KRS 126.270 provides that the board of election commissioners, before counting and tabulating the absent voter ballots, shall remove from the ballot box, one at a-time, the envelopes and before proceeding further examine the outer envelope to determine whether it is in proper…”
Harmon v. Wilson, 254 S.W.2d 693 (Ky. Ct. App. 1953). “2d 980 , it was held that failure to' comply with the provisions of KRS 126.270(1-3) did not invalidate absentee ballots which were not handled and counted in the manner directed by the statute.”
Bradley v. Chaffins, 218 S.W.2d 975 (Ky. Ct. App. 1949). “However, the failure of the election officials to comply with the directions of the statute, KRS 126.270, would not invalidate them, in the absence of fraud or irregularity affecting the fairness of the election.”
— Ky. Rev. Stat. § 126.270(1) — 2 cases
Arnett v. Hensley, 425 S.W.2d 546 (Ky. Ct. App. 1968). “The absentee ballots were not counted until the day after the election, although KRS 126.270 would seem to indicate that the absentee ballots should be tabulated before canvassing the votes cast at the polls.”
Jarboe v. Smith, 350 S.W.2d 490 (Ky. Ct. App. 1961). “The next two grounds urged for reversal are interrelated, as they concern how the ballots were treated when they were taken out of the box preparatory to their being made ready for tabulation in accordance *493 with certain provisions of KRS 126.270. To ascertain whether the…”
— Ky. Rev. Stat. § 126.270(3) — 1 case
Jarboe v. Smith, 350 S.W.2d 490 (Ky. Ct. App. 1961). “The next two grounds urged for reversal are interrelated, as they concern how the ballots were treated when they were taken out of the box preparatory to their being made ready for tabulation in accordance *493 with certain provisions of KRS 126.270. To ascertain whether the…”
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