KRS § 117.315 — KY Code / Title X / Chapter 117 / Section 117.315
117.315 Appointment of challengers and inspectors
Status: in_force

117.315 Appointment of challengers and inspectors.

(1) Each political party is entitled to have not exceeding two (2) challengers at each

precinct during the holding of the primary election. Any group of bona fide

candidates, as defined in KRS 118.176, of the same political party equal to twenty-

five percent (25%) of all the candidates for that party to be voted for in a county in

any primary, including state, district, and all other candidates, may recommend to

the county committee or governing authority of the party for the county a list of

persons whom they desire to have appointed as challengers in each precinct in the

county. If more than two (2) such lists are furnished, the committee or governing

authority, in making appointments of challengers, shall alternate between the

several lists so furnished so as to give to each list an equal amount or proportion of

the appointments, but in no event shall there be appointed more than one (1)

challenger for any precinct from any one (1) list. The list of challengers shall be

presented to the chair or secretary of the party committee of the county on or before

the third Friday in April preceding the primary, and the committee or the chairman

thereof shall make the appointments, certify to same, and present a list of certified

challengers to the county clerk at least twenty (20) days before the date on which

the primary is held. The appointment of challengers shall be certified in all respects

as challengers at regular elections, except as otherwise provided in this section. The

challengers shall be registered voters of the county in which the primary is held and

shall be subject to the same penalties and possess the same rights and privileges as

challengers at regular elections, except that the challengers of one political party

shall not be entitled to challenge persons who offer to vote for candidates of any

other party in the primary. The provisions of this section shall be enforceable

against the chair of the political party committees by a mandatory summary

proceeding instituted in the Circuit Court. The order of the court may be reviewed

by the Court of Appeals as provided for the granting or dissolving of temporary

injunctions.

(2) Any school board candidate, any independent ticket or candidate for city office, any

nonpartisan city candidate, or candidate for an office of the Court of Justice at the

primary or regular election may designate not more than one (1) challenger to be

present at and witness the holding of primaries or elections in each precinct in the

county. A candidate who designates a challenger shall present the county clerk with

the name of the challenger at least twenty (20) days preceding the primary or regular

election. The challenger shall be entitled to stay in the room or at the door. The

challenger shall be a registered voter of the county in which the primary or election

is held, shall be appointed in writing by the chair of the committee, independent

candidate, or candidates representing a ticket, and shall produce written

appointment on demand of any election officer.

(3) The county executive committee of any political party having a ticket to elect at any

regular or special election may designate not more than two (2) challengers to be

present at and witness the holding of the election in each precinct in the county. The

challengers shall be entitled to stay in the room or at the door. The challengers shall

be registered voters of the county in which the election is held, shall be appointed in

writing signed by the chair of the committee, and shall produce written

appointments on demand of any election officer. The committee or chair shall

present the county clerk with a list of designated challengers at least twenty (20)

days preceding a regular election and at least fifteen (15) days preceding a special

election.

(4) Except as provided in KRS Chapter 242, not later than the fourth Tuesday

preceding an election at which constitutional amendments or other public questions

are to be submitted to the vote of the people, any committee that in good faith

advocates or opposes an amendment or public question may file a petition with the

clerk of the county asking that the petitioners be recognized as the committee

entitled to nominate challengers to serve at the election at which the constitutional

amendment or public question is to be voted on. If more than one (1) committee

alleging itself to advocate or oppose the same amendment file such a petition, the

county board of elections shall decide, and announce by certified mail, return

receipt requested, to each committee not less than the third Tuesday preceding the

election, which committee is entitled to nominate the challengers. The decision

shall not be final, but any aggrieved party may institute proceedings with the county

judge/executive and, upon hearing, the county judge/executive shall determine

which of the committees shall be recognized as the one to select challengers at the

election.

(5) The committee shall file the names of the persons nominated by it with the clerk of

the county at least twenty (20) days before the primary and regular elections and not

less that fifteen (15) days preceding the date of a special election. The county board

of elections shall, not later than the Thursday preceding the election, certify the

nominees of the committee for the respective precincts to serve as challengers at the

election where any constitutional amendment or public question is to be voted upon.

If more than one (1) amendment or question is to be voted upon, the county board

of elections may designate, on the petition of the committee, one (1) person for each

amendment and question to serve as challenger at the election.

(6) The challengers shall perform their duties in the same manner and be subject to the

same privileges as other challengers at an election.