Kentucky Revised Statutes

Ky. Rev. Stat. § 415.040 (2026)

Duties of Commonwealth's attorneys

✓ current as of May 2026

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It shall be the duty of the several Commonwealth attorneys to institute the actions mentioned in this chapter against usurpers of county offices or franchises, if no other person be entitled thereto, or if the person entitled fail to institute the same during three (3) months after the usurpation. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 484.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1969–2023 · leading case: Withrow v. Willis, 447 S.W.2d 627 (Ky. Ct. App. 1969).

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Withrow v. Willis, 447 S.W.2d 627 (Ky. Ct. App. 1969). “KRS 415.040. Public officials who have election duties to perform may, under proper circumstances, raise the very questions here presented by appellant.”

Ashley Ahrens v. Daniel Fendley (Ky. Ct. App. 2023). “” 6 KRS 415.040 provides, “It shall be the duty of the several Commonwealth attorneys to institute the actions mentioned in this chapter against usurpers of county offices or franchises, if no other person be entitled thereto, or if the person entitled fail to institute the same…”

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