11RS SB155
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SB155

11RS

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SB 155/LM (BR 1363) - M. Wilson

     AN ACT relating to elections and declaring an emergency.
     Amend KRS 120.055 to specify that the Rules of Civil Procedure govern service of process in a primary contest proceeding, to provide grounds upon which a contest may be brought, and to require the Circuit Judge to enter an order directing all voting materials to be placed in the custody of the circuit clerk; amend KRS 120.065 to restate the standard of review in a contest to a preponderance of the evidence and to establish that a court may determine an election is void or valid; amend KRS 120.075 to specify that a supersedeas bond be executed if necessary following an appeal of the Circuit Court judgment; amend KRS 120.095 to specify how bond amount for a primary contest is established, to require that records be transferred to custody of Circuit court to maintain security consistent with regulations, and to specify how a recount of the votes is conducted in a contest of a primary; amend KRS 120.155 to specify that the Rules of Civil Procedure govern service of process in an election contest and to provide grounds upon which contest may be brought; amend KRS 120.165 to restate the standard of review in a contest to a preponderance of the evidence and to establish that a court may determine an election is void or valid; amend KRS 120.185 to specify how bond amount for an election recount is established, to require that records be transferred to custody of Circuit Court to maintain security consistent with regulations, and to specify how a recount of the votes is conducted in an election; declare EMERGENCY.

SB 155 - AMENDMENTS


     SCS (1/LM) - Retain original provisions; add section to state that provisions are not intended to be, nor shall be construed to be, a waiver of powers under Sections 38, 39, and 43 of the Constitution of Kentucky, and that provisions are not intended to, nor shall be construed to, change the law relating to those powers.
     SCS (2/LM) - Retain original provisions, except remove brackets and strikethroughs to retain original language in KRS 120.155 that restricts election contests to state, county, district, or city offices; create a new section of KRS Chapter 120 to provide that candidates for federal office can request or petition for an election recanvass or recount; add a section to state that provisions are not intended to be, nor shall be construed to be, a waiver of powers under Sections 38, 39, and 43 of the Constitution of Kentucky, and that provisions are not intended to, nor shall be construed to, change the law relating to those powers.

     Feb 11-introduced in Senate
     Feb 14-taken from Committee on Committees (S); 1st reading; returned to Committee on Committees (S)
     Feb 15-taken from Committee on Committees (S); 2nd reading; returned to Committee on Committees (S); to State & Local Government (S)
     Feb 16-reported favorably, to Rules
     Feb 17-recommitted to State & Local Government (S)
     Feb 18-reported favorably, to Rules with Committee Substitute ; posted for passage in the Regular Orders of the Day for Friday, February 18, 2011; 3rd reading; Committee Substitute adopted; recommitted to State & Local Government (S)
     Feb 23-reported favorably, to Rules with Committee Substitute (2) ; posted for passage in the Regular Orders of the Day for Wednesday, February 23, 2011; taken from the Orders of the Day; Committee Substitute (1) reconsidered; Committee Substitute (1) withdrawn; passed 36-0 with Committee Substitute (2)
     Feb 24-received in House
     Feb 25-to Elections, Const. Amendments & Intergovernmental Affairs (H)
     Feb 28-posting waived

Vote History
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