120.157 Automatic recount -- Determination by State Board of Elections -- Custody
660 words·~3 min read·
/ky/120-157A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
of materials -- Proceedings of county board of elections -- Costs.
(1)In any regular election or special election for any member of the General Assembly,
the United States Senate or the United States House of Representatives, Governor
and Lieutenant Governor, Treasurer, Auditor of Public Accounts, Commissioner of
Agriculture, Labor and Statistics, Secretary of State, and Attorney General, a
recount of the vote shall be required when a candidate is defeated by a margin of not
more than one-half of one percent (0.5%) of the votes cast for the office.
(2)The State Board of Elections shall determine whether a recount is required under
this section based upon the total number of votes certified to the Secretary of State.
The time for conducting the recount under this section shall be as follows:
(a)For the offices of Governor and Lieutenant Governor, no recanvass under
KRS 117.305 shall be made. The recount shall be commenced not later than 9
a.m. local time on the Tuesday following the election and shall be conducted
in the manner provided under subsections
(3)to
(7)of this section. The
recount shall be completed within fourteen
(14)days, Sundays excluded; and
(b)For all other offices listed in subsection
(1)of this section, the recount shall be
commenced not later than 9 a.m. local time on the second Tuesday following
the election and shall be conducted in the manner provided under subsections
(3)to
(7)of this section. The recount shall be completed within fourteen
days, Sundays excluded.
(3)The custody of the voting equipment, ballots, boxes, and all papers pertaining to the
election shall be maintained by the county board of elections. The voting equipment
shall remain continuously locked, and the ballot boxes containing all paper ballots
shall remain continuously locked as required by KRS 117.295 until the time set for
the recount. The keys shall remain in the possession of the county board of elections
until the time set for the recount.
(4)The recount shall be conducted by the county board of elections of each county in
which votes for the office that is the subject of the recount were cast.
(5)At the recount, each political party represented on the county board of elections may
appoint a representative to be present, and each candidate subject to the recount may
be present, either in person or by a representative, or both. The county board of
elections shall authorize representatives of the news media to observe the recount.
(6)On the day fixed for the recount, the county board of elections shall meet and, after
confirming the integrity of the ballots, shall proceed to recount the ballots.
(7)The county board of elections shall complete the recount within the time established
under subsection
(2)of this section. Upon completion of the recount, the county
board of elections shall file and enter of record the results of the recount, and shall
certify the results of the recount of the total number of votes to the Secretary of
State not later than 4 p.m., local time, on the day following the completion of the
recount, Sunday excluded. No certificate of election shall be issued by the State
Board of Elections while the recount is pending.
(8)The costs of any recount held pursuant to this section shall be paid by the
Commonwealth of Kentucky. The costs shall be deemed a necessary government
expense and shall be paid from the general fund surplus account under KRS 48.700
or the budget reserve trust fund account under KRS 48.705.
(9)If a recount is conducted under subsection
(1)of this section:
(a)The time for filing a contest petition shall be tolled until the vote is certified
under subsection
(7)of this section; and
(b)The candidate may initiate an election contest, but no request for an additional
recount shall be considered prior to the completion of the certification of the
vote under subsection
(7)of this section.