117.295 Period during which voting equipment is to remain locked -- Video

439 words·~2 min read·/ky/117-295

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

surveillance -- Examination -- Custody of keys.

(1)For a period of thirty

(30)days following any election, the voting equipment shall

remain locked against voting, the ballot boxes containing all paper ballots shall

remain locked, and the voting equipment and ballot boxes shall be under video

surveillance. The system used to conduct the video surveillance shall have enough

storage capacity to retain sixty

(60)consecutive days of continuous recording data.

A request under the Kentucky Open Records Act, KRS 61.870 to 61.884, for this

video after an election shall be made during the sixty

(60)consecutive days

following the election, and the video may be disposed of after those sixty

(60)days,

or upon compliance with the Kentucky Open Records Act or the closure of an

investigation or any litigation, including appeals, in a District, Circuit, or federal

court, whichever is later.

(2)The voting equipment and the ballot boxes may be opened and all the data and

figures therein examined:

(a)Upon the order of any court of competent jurisdiction, or judge thereof;

(b)By direction of any legislative committee or board authorized and empowered

to investigate and report upon contested elections;

(c)By a county board of elections or its designee under the direction of the

Secretary of State pursuant to a hand-to-eye recount as described in KRS

117.383; or

(d)As required to conduct a recount under KRS 120.157.

All the data and figures shall be examined by the court, judge, county board of

elections, State Board of Elections, or committee in the presence of the officer

having the custody of the voting equipment, ballots, and ballot boxes. In the event

of a contest of election, the court in which the contest is pending or the committee

before which the contest is being heard may, upon motion of any party to the

contest, issue an order requiring that the voting equipment, ballots, and ballot boxes

shall remain continuously locked for further time as may be reasonable or

necessary, with due regard for the preparation of the voting equipment for a

succeeding primary, regular election, or special election, but in no event shall the

order compel that the voting equipment remain locked to a time within thirty

days next preceding any approaching primary, regular election, or special election.

(3)During the period when the voting equipment and the ballot boxes are required to

be kept locked, the keys thereto shall remain in the possession of the county board

of elections. After that period, it shall be the duty of the county board of elections to

return the keys to the custody of the county clerk.