118.425 Issuance of certificates of election -- Tie votes.
888 words·~4 min read·
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(1)The State Board of Elections shall issue certificates of election where the successful
candidate was voted for by the state at large, was voted for by a district greater than
one
(1)county, or was a candidate for member of Congress or the General
Assembly.
(2)Except as provided in subsection
(3)of this section, not later than the second
Monday after the election, the county board of elections shall issue certificates of
election where the successful candidate was voted for by the electors of one
county, or of a district less than one
(1)county, except members of Congress,
members of the General Assembly, and designated officers filing with the Secretary
of State. The right to contest or recount an election in accordance with KRS
Chapter 120 shall not be impaired. The county board of elections of the candidate's
residence shall issue certificates of election where the successful candidate was
voted for by the electors of a city or school district whose boundaries extend
beyond those of a single county. The board shall forward the certificate to the
elected candidate. If the board finds that two
(2)or more candidates have received
the highest and equal number of votes for the same office, the board shall determine
by lot which of the candidates is elected.
(3)In counties containing cities of the first class, not later than the thirtieth day of
December after the election, the county board of elections shall issue certificates of
election where the successful candidate was voted for by the electors of the county,
except members of Congress, members of the General Assembly, and designated
officers filing with the Secretary of State. The right to contest or recount an election
in accordance with KRS Chapter 120 shall not be impaired. The county board of
elections of the candidate's residence shall issue certificates of election where the
successful candidate was voted for by the electors of a city whose boundaries
extend beyond those of a single county. The board shall forward the certificate to
the elected candidate. If the board finds that two
(2)or more candidates have
received the highest and equal number of votes for the same office, the board shall
determine by lot which of the candidates is elected.
(4)In the case of all offices voted for, and in the case of public questions submitted to
the vote of the people of the state at large or of a district greater than one
county, the county board of elections shall make out duplicate certificates of the
total number of votes received by each of the candidates for the office and the total
number of votes for and against each of the questions on a form prescribed by the
State Board of Elections through the promulgation of administrative regulations in
accordance with KRS Chapter 13A. The certificate of the total number of votes
shall be certified to the Secretary of State's Office following the conclusion of the
hand-to-eye audit established in KRS 117.383 and not later than 12 p.m., prevailing
time, on the Tuesday following all elections. The clerk shall keep one
(1)of the
certificates in his or her office. He or she shall not later than three
(3)days after
receiving the certificate from the board, forward the other certificate by mail to the
Secretary of State who shall deliver it to the State Board of Elections.
(5)The State Board of Elections shall meet, to count and tabulate the votes received by
the different candidates as certified to the Secretary of State no later than the third
Monday after the election. The right to contest or recount an election in accordance
with KRS Chapter 120 shall not be impaired. A majority of the members of the
board shall constitute a quorum and may act. The board shall make out the
certificates of election in the office of the board from the returns made. The board
shall make out duplicate certificates of election, in writing, over the signatures of its
members. The board shall forward the original certificate, by mail, to the elected
candidate. The duplicate shall be retained in the office of the board. In the case of
the election of a representative in Congress, an additional certificate shall be made
and sent, by mail, to the clerk of the House of Representatives.
(6)The certificate of election shall be issued to the candidate receiving the highest
number of votes in the territory from which the election is to be made. If two
(2)or
more persons are found to have received the highest and an equal number of votes
for the same office, the election shall be determined by lot in the manner the board
directs, in the presence of not less than three
(3)other persons. In the case of
elections for electors of President and Vice President of the United States, the board
shall issue a certificate of election to each elector of the political party or
organization whose candidates for President and Vice President received the highest
number of votes and the determination by the board that the candidates of any
political party or organization for President and Vice President have received the
highest number of votes shall constitute a determination that the electors nominated
by that party have been elected.