Kentucky Revised Statutes

Ky. Rev. Stat. § 5.005 (2026)

Actions to challenge constitutionality of legislative districts -- Parties

✓ current as of May 2026

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(1) An action challenging the constitutionality of any legislative district created by this chapter shall be brought in the Circuit Court of the county where the plaintiff resides. (2) The Secretary of State shall be named as a defendant in any action challenging the constitutionality of any legislative district created by this chapter. (3) The Legislative Research Commission may intervene as a matter of right in any action challenging the constitutionality of any legislative district created by this chapter. Effective: Effective January 18, 2022 History: Amended 2022 Ky. Acts ch. 6, sec. 1, effective January 18, 2022. -- Amended 2019 Ky. Acts ch. 122, sec. 1, effective June 27, 2019. -- Created 1996 Ky. Acts ch. 1, sec. 103, effective January 11, 1996; and ch. 2, sec. 41, effective January 11, 1996. Legislative Research Commission Note (7/15/96). The text contained in this statute was enacted identically in two separate Acts of the 1996 Regular Session which have been codified together.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2012–2025 · leading case: Legislative Rsch. Comm'n v. Fischer, 366 S.W.3d 905 (Ky. 2012).

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Legislative Rsch. Comm'n v. Fischer, 366 S.W.3d 905 (Ky. 2012). · cites it 2× “" [4] The record reflects that both alternative plans also have a population variance within plus-or-minus 5 percent of the ideal districts.”

Commonwealth of Kentucky, Ex Rel. Attorney Gen. Russell Coleman v. Kentucky Educ. Ass'n (Ky. Ct. App. 2025). “005(1) and (2), which were not impacted by the Arkk decision, state: (1) Except as provided in KRS 5.005 and 286.12-135, and notwithstanding any other statute to the contrary, the venue for any civil action that: (a) Challenges the constitutionality of a Kentucky: 1.”

Commonwealth of Kentucky Ex Rel. Attorney Gen. Russell Coleman v. Saulette Davis, Individually & as Rep. Respectively of the Am. Fed'n of State, Cnty. & Mun. Employees Local 2629, Afl-Cio (Ky. Ct. App. 2025). “005(1) and (2), which were not impacted by the Arkk decision, state: (1) Except as provided in KRS 5.005 and 286.12-135, and notwithstanding any other statute to the contrary, the venue for any civil action that: (a) Challenges the constitutionality of a Kentucky: 1.”

— Ky. Rev. Stat. § 5.005(3) — 1 case

Legislative Rsch. Comm'n v. Fischer, 366 S.W.3d 905 (Ky. 2012). “" [4] The record reflects that both alternative plans also have a population variance within plus-or-minus 5 percent of the ideal districts.”

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