120.185 Recount of election of officers referred to in KRS 120.155 -- Petition --
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/ky/120-185A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Recount proceeding -- Appeals -- General Assembly action regarding findings
of court.
(a)1. Any candidate who was voted for at a regular election for any of the
offices to which KRS 120.155 applies, and who does not qualify for an
automatic recount under KRS 120.157, may request a recount of the
ballots by filing a petition with the same court where petitions of contest
are required to be filed.
2. If the candidate is qualified to institute a contest proceeding under KRS
120.155, the candidate may request a recount by including a recount
request in his or her petition instituting the contest proceeding.
(b)Any candidate who is a contestee in a contest proceeding under KRS 120.155
may request a recount in his or her answer filed in the contest proceeding, but
only if the answer containing the recount request is filed within five
(5)days
after service of the petition upon the contestee.
(c)Any candidate under this subsection who would receive a certificate of
election from the county board of elections under KRS 118.425 shall file his
or her petition requesting a recount not later than ten
(10)days after the day of
the election. The county board of elections shall be named a party defendant in
the petition.
(d)Any candidate under this subsection who would receive a certificate of
election from the State Board of Elections under KRS 118.425 shall file his or
her petition requesting a recount not later than the second Tuesday following
the election. The State Board of Elections shall be named a party defendant in
the petition.
(e)The party requesting the recount shall execute bond with approved surety for
the costs of the recount, in an amount to be fixed by the Circuit Judge. The
bond may be filed by the state political party, political organization, or
political group, if any, to which the candidate is affiliated. Upon the bond
being filed, the clerk shall immediately notify the Circuit Judge of the request
and the filing of the bond, and the judge shall at once enter an order directing
the voting machines, voting equipment, or voting system, ballots, boxes, and
all papers pertaining to the election be secured. The court shall further order
that the voting equipment, voting system, and 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 custody and
possession of the county board of elections until the time set for the recount.
(f)The Circuit Court shall fix a day for the recount proceedings to begin. A copy
of the order shall be served upon the parties or their counsel in the same
manner as notices are required to be served, which shall be deemed sufficient
notice of the proceeding.
(g)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.
(h)On the day fixed by the court, the county board of elections shall meet and
after confirming the integrity of the ballots, shall proceed to recount the
ballots.
(i)The county board of elections shall complete the recount as soon as
practicable, and shall forward the results of the recount to the Circuit Court.
(j)Upon receipt of the results of the recount, the court shall enter a judgment
setting out the results of the recount, and directing the State Board of
Elections or county board of elections, whichever would issue the certificate
of election, to issue the certificate to the party entitled thereto as shown by the
recount.
(k)No certificate of election shall be issued by the State Board of Elections or any
county board of elections while any recount proceeding is pending, and any
certificate of election issued before the final judgment in any recount
proceeding shall be null and void.
(l)Any party may appeal from the judgment issued under paragraph
(j)of this
subsection to the Court of Appeals, in the same manner as provided in KRS
120.075, and all of the provisions of that statute shall apply.
(m)If a proceeding for recount is requested and prosecuted in a contest
proceeding, the recount shall not await the preparation or trial of the contest in
the Circuit Court or in the Court of Appeals. The action of the courts shall be
final as to the question of a recount of the ballots under this subsection, and
certificates shall then be issued to the parties entitled thereto.
(a)Any slate of candidates for Governor and Lieutenant Governor, or any
candidate for the United States Senate or the United States House of
Representatives who was voted for at a regular election or a special election,
and who does not qualify for an automatic recount under KRS 120.157, may
request a recount of the ballots by filing a petition in the Franklin Circuit
Court.
(b)For any slate of candidates for Governor and Lieutenant Governor, the petition
requesting a recount shall be filed not later than the Tuesday following the
election. No recanvass under KRS 117.305 shall be conducted. The court shall
order the recount to commence at 9 a.m. local time not later than a date five
(5)days after the filing of the petition. The recount shall be completed by the
county board of elections within fourteen
(14)days of commencement of the
recount, Sundays excluded. The State Board of Elections shall be named a
party defendant in the petition.
(c)For any candidate for the United States Senate or the United States House of
Representatives, the petition requesting a recount shall be filed not later than
the second Tuesday following the election. The State Board of Elections shall
be named a party defendant in the petition.
(d)Except for the time requirements established under paragraphs
(b)and
(c)of
this subsection, the recount shall proceed as provided in subsection (1)(e) to
(j)of this section.
(e)No appeal shall be taken from the findings issued by the Franklin Circuit
Court described in subsection (1)(j) of this section; however, any party
aggrieved by the findings or action of the court may file a petition for contest
to the General Assembly under KRS 120.195, and the General Assembly may
accept, modify, or disregard the findings of the court in its sole and absolute
discretion.
(f)No certificate of election shall be issued by the State Board of Elections while
any recount proceeding or contest proceeding is pending, and if issued before
entry of the findings described in paragraph
(e)of this subsection shall be null
and void.
(g)Any candidate for the United States Senate or the United States House of
Representatives aggrieved by the findings or action of the court shall proceed
under the rules established by the United States Congress or federal law.
(a)Any candidate for the General Assembly who was voted for at a regular
election or special election, and who does not qualify for an automatic recount
under KRS 120.157, may request a recount of the ballots by filing a petition in
the Circuit Court of the county where the requesting candidate resides.
(b)The petition requesting a recount shall be filed not later than the second
Tuesday following the election. The State Board of Elections shall be named a
party defendant in the petition.
(c)The recount shall proceed as provided in subsection (1)(e) to
(j)of this
section.
(d)No appeal shall be taken from the findings issued by the court described in
subsection (1)(j) of this section; however, any party aggrieved by the findings
or action of the court may file a petition for contest to the General Assembly
under KRS 120.195, and the General Assembly may accept, modify, or
disregard the findings of the court in its sole and absolute discretion.
(e)No certificate of election shall be issued by the State Board of Elections while
any recount proceeding or contest proceeding is pending, and if issued before
entry of the findings described in subsection (1)(j) of this section shall be null
and void.