120.095 Recount of primary.
457 words·~2 min read·
/ky/chapter-120/120-095A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Any candidate voted for at a primary held under KRS 118.015 to 118.035 and
118.105 to 118.255 may request a recount of the ballots by filing a petition with the
same court that contest petitions are required to be filed with, within ten
(10)days
after the day of the primary, or, if the candidate is qualified to bring a contest
proceeding under KRS 120.055, by including a request for a recount in his or her
petition instituting the contest proceedings. Any candidate who is a contestee in a
contest proceeding under KRS 120.055 may request a recount in his or her answer
filed in the contest proceeding, but in that case the answer shall be filed within five
(5)days after the service of process on the petition. When a request for a recount is
made, the State Board of Elections or the county board of elections, whichever
would issue the certificate of nomination, shall be made a party defendant. The
party requesting the recount shall execute a bond with approved surety for the costs
of the recount, in an amount to be fixed by the Circuit Judge. 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 custody of the
voting machines, voting equipment, or voting system, the ballots, boxes, and all
papers pertaining to the election to be transferred to the Circuit Court, and 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. On the day fixed, the
court shall proceed to recount the ballots if their integrity is satisfactorily shown and
shall complete the recount as soon as practicable, and file and enter of record the
results thereof, and direct the state board or county board, whichever would issue
the certificate of nomination, to issue a certificate to the party entitled thereto as
shown by the recount.
(2)Any party may appeal from the judgment to the Court of Appeals, in the same
manner as provided in KRS 120.075, all of the provisions of which statute shall be
applicable.
(3)If a proceeding for recount is asked and prosecuted in a contest proceeding, it 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, concluding the parties as to the
question of a recount of the ballots, and certificates shall then be issued to the
parties entitled thereto.