Thieman v. Hancock

FULTON, Chief Justice. The above styled original actions in this court seek writs of prohibition to prevent a recount of the ballots cast at the regular November election of representatives from the thirty-sixth and thirty-eighth legislative districts of Jefferson County. The two cases are disposed of in this opinion since the sole question presented in each of them is whether there may be a recount by a circuit court of the ballots cast at an election of a member of a General Assembly, it being conceded that if no such recount may be had the respondent is proceeding beyond his jurisdiction in proposing to conduct a recount so as to be amenable to the prohibitory process of this court. K.R.S. 122.070 prescribes the procedure for the 'contest of the election of any state, county, district or city officer, except Governor, Lieutenant-Governor, member of the General Assembly and those city officers as to whom there are other provisions made by law'. K.R.S. 122.100 provides that 'any candidate who was voted for at a regular election for any of the offices mentioned in KRS 122.070 may request a recount of the ballots by filing a petition so requesting, with the same court that petitions of contest are required to be filed with * * *, or by including a request for a recount in a petition instituting contest proceedings * * *'.