120.017 Administrative or clerical errors as grounds for contest -- Action brought
478 words·~2 min read·
/ky/120-017A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
in Circuit Court -- Recount -- Appeal -- Determination regarding automatic
recount.
(1)It shall be the duty of precinct election officers at all primaries, regular elections, or
special elections to immediately report to the county clerk any administrative or
clerical error discovered in the process of conducting the polling or tabulation of
votes at any such primary or election.
(2)Upon receipt by the county clerk of notice of error in conducting the polling or
tabulation of votes pursuant to subsection
(1)of this section, the county clerk shall
file an action in the Circuit Court within fifteen
(15)days of the primary or election,
requesting a recount of ballots for the precinct reporting the administrative or
clerical error. Simultaneously with the filing of such action, the county clerk shall
make written notice by regular mail to all candidates appearing on the ballot of the
precinct at issue that such action is being filed. In the case of an election for
candidates for offices for the state at large or an election on a statewide public
question, the action shall be filed in the Franklin Circuit Court; in the case of other
elections, the action shall be filed in the Circuit Court of the county in which the
precinct reporting the error is located.
(3)An action filed in the Circuit Court of competent jurisdiction pursuant to this
section shall be heard summarily and without delay. Upon filing of the action, the
circuit clerk shall immediately notify the Circuit Judge, and the judge shall at once
enter an order directing custody of the voting machine, voting equipment, or voting
system, the ballots, ballot boxes, and all papers pertaining to the primary or election
from that precinct claiming error, to be transferred to the Circuit Court, and fix a
day for the recount proceeding to begin.
(4)Candidates notified pursuant to subsection
(3)of this section shall, upon proper
motion, be made parties to the action.
(5)On the day fixed for the recount, the court shall proceed to recount the ballots if
their integrity is satisfactorily shown and shall complete the recount as soon as
practicable, and shall file and enter of record the results thereof.
(6)Any person made party to the action pursuant to subsection
(4)of this section may
appeal from the judgment to the Court of Appeals, in the same manner as provided
in KRS 120.075.
(7)The county clerk shall certify the final recount results entered of record in any
action filed pursuant to this section to the county board of elections and to the local
governing body of each of two
(2)dominant political parties. Final certification of
election results shall then proceed according to KRS Chapters 117, 118, and 118A.
(8)The court may determine if an automatic recount conducted under KRS 120.157
satisfies the recount required under this section.