LACKEY v. GARNER


367 S.W.2d 257 (1963)

Oscar B. LACKEY et al., Appellants, v. John W. GARNER et al., Appellees.

Court of Appeals of Kentucky.

April 19, 1963.


Attorney(s) appearing for the Case

Morris E. Burton of Johnson & Burton, Frankfort, Charles C. Adams of Adams & Adams, Somerset, for appellants.

H. K. Spear, Somerset, John B. Breckinridge, Atty. Gen., amicus curiae, Walter C. Herdman, Asst. Atty. Gen., Frankfort, for appellees.


BIRD, Judge.

The General Assembly of Kentucky at its regular session in 1960 enacted into law KRS 118.450(4) which reads as follows:

"Each county shall acquire voting machines meeting the specification of Section 125.040 of the Kentucky Revised Statutes, for each precinct in which such machines are not already in use, no later than the primary election in 1963; provided, however, that (a) counties containing a population of 21,000 or more shall acquire...

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