242.120 Recounts and contests -- Creation of recanvass procedures for local option
660 words·~3 min read·
/ky/242-120A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
elections -- Recanvass reports.
(1)Any qualified voter may demand a recount of the votes or contest the election in the
same manner as is provided for the recount of votes or contest of regular elections
of county officers by KRS 120.155 to 120.185. The members of the county board of
election commissioners shall be named as contestees and summons shall be served
upon them. Any qualified voter may intervene as contestee by filing a petition to be
made a party in the action.
(a)The canvass and returns provided for in KRS 242.110 shall constitute the
official returns for the local option election, unless before 4 p.m. on the
seventh day following the local option election, the county clerk or county
board of elections takes notice of a discrepancy in the tally of votes cast in any
precinct or number of precincts within the territory voting in the local option
election, or a committee favoring or opposing the proposition makes a written
request to the county board of elections to check and recanvass the ballots
cast, including absentee ballots, of any precinct or any number of precincts
involving the local option election. After this time period has elapsed and
notice is taken, the county board of elections shall assemble at 9 a.m. on the
second day following the filing deadline to request a recanvass, and not
sooner, and recheck and recanvass all voting equipment and make a proper
return thereof to the county clerk, and the canvass and return shall become the
official returns for the election.
(b)In making the recanvass, the county board of elections shall make a record of
the unique designation or number of the seal upon the voting equipment and,
without unlocking the voting equipment against voting, recanvass the votes
cast. If, after a recanvass, it is found that the original canvass of the returns
has been correctly made from the voting equipment and that there still remains
a discrepancy unaccounted for, this discrepancy shall be noted. If, upon
recanvass, it appears that the original canvass of the returns by the election
officers was incorrect, the returns and all papers being prepared by the county
board of elections shall be corrected accordingly.
(c)The county board of elections shall, immediately upon receipt of a request for
a recanvass, notify the committees favoring or opposing the proposition of the
time and place of the recanvass. At the recanvass, the committees favoring or
opposing the proposition may be present. The county board of elections shall
authorize representatives of the news media to observe the recanvass of the
votes cast at the polls in each precinct. Nothing in this section shall prohibit an
individual from requesting, in addition to a recanvass, a recount as authorized
by KRS Chapter 120.
(3)The State Board of Elections shall prescribe through administrative regulations
promulgated under KRS Chapter 13A, a form to be used by county boards of
election to report all recanvassed votes. The form shall include the following
information:
(a)The name of the county in which the recanvass was conducted;
(b)The date of the report;
(c)The date of the local option election;
(d)The proposition for which the recanvass was conducted;
(e)The names of the leaders of the committees favoring or opposing the
proposition being recanvassed; and
(f)The votes cast at the polls, absentee votes, and vote totals for each "yes" or
"no" vote.
The report shall be signed by each member of the county board of elections.
(4)The county board of elections shall file its recanvass report as prescribed in
administrative regulations promulgated by the State Board of Elections in
accordance with KRS Chapter 13A.
(5)The State Board of Elections shall promulgate administrative regulations in
accordance with KRS Chapter 13A to establish the proper procedures for
conducting a local option election recanvass for each type of voting system
approved by the State Board of Elections and in use in Kentucky.