KRS § 120.205 — KY Code / Title X / Chapter 120 / Section 120.205
120.205 Board for determining contest of election of Governor and Lieutenant Governor
Status: in_force

120.205 Board for determining contest of election of Governor and Lieutenant

Governor.

When the election of a Governor and Lieutenant Governor is contested, a board for

determining the contest shall be formed and shall proceed in the following manner:

(1) On the third day after the organization of the General Assembly that meets next

after the election, the Senate shall select three (3) of its members as provided in

subsection (2) of this section, and the House of Representatives shall select eight (8)

of its members as provided in subsection (2) of this section, and the eleven (11) so

selected shall constitute a board to try the contest, seven (7) of whom shall

constitute a quorum;

(2) In making the selection, the name of each member present shall be written on a

separate piece of paper, every piece being as nearly similar to the other as possible.

Each piece shall be rolled up so that the names thereon cannot be seen, nor any

particular piece ascertained or selected by feeling. The whole, so prepared, shall be

placed by the clerk in a box on the clerk's table, and after it has been well shaken,

and the papers therein well intermixed, the clerk shall draw out one (1) paper, which

shall be opened and read aloud by the presiding officer, and so on until the required

number is obtained;

(3) If any member selected swears that he or she cannot, without great personal

inconvenience, serve on the board, or that he or she feels an undue bias for or

against either of the parties, that member may be excused by the house from which

that member was chosen from serving on the board. If it appears that a selected

member is related to either party, or is liable to any other proper objection on the

score of his or her partiality, that member shall be excused. Any deficiency in the

proper number created by excuse shall be supplied by another draw from the box;

(4) The selected members of the board shall be sworn by the Speaker of the House of

Representatives to try the contested election, and shall give true judgment according

to the evidence, unless dissolved before rendering judgment;

(5) The board shall, within twenty-four (24) hours after its selection, meet, appoint its

chair, and assign a day for hearing the contest. It may adjourn from day to day as its

business requires. If any member of the board willfully fails to attend its sessions,

that member shall be reported to the house to which he or she belongs, and that

house shall then, in its discretion, punish that member by fine or imprisonment, or

both;

(6) The board may, upon a majority of vote, send for persons, papers, and records,

including all voting equipment, ballots, boxes, and precinct rosters. The board may

issue subpoenas signed by its chair or the Speaker of the House of Representatives;

(7) The board may use the services of any law enforcement agency to transport all

records relating to the election contest, including voting equipment, ballots, boxes,

and precinct rosters. All voting equipment, ballots, boxes, precinct rosters, and

other voting records sent for by the board shall be sealed, to the extent possible, and

transmitted in a tamper-resistant manner. The chain of custody for the records shall

be recorded, in writing, on a form prescribed by the State Board of Elections in

administrative regulations promulgated under KRS Chapter 13A to include the

identity of the person or persons transferring and receiving the records, and the date,

time, and location of the transfer. The clerk of the House of Representatives shall be

designated by the board as the custodian of the records while the records are in the

possession of the board;

(8) If it appears that the slates of candidates receiving the highest number of votes cast

have received an equal number, the right to the offices shall be determined by lot, in

the manner prescribed by the board, and under the direction of the board;

(9) If the person returned for the Office of Governor is found not legally qualified to

receive the office at the time of his or her election, a new election shall be ordered

to fill the vacancy under subsection (13) of this section;

(10) If a slate of candidates other than the one returned is found to have received the

highest number of legal votes cast, that slate shall be adjudged by the General

Assembly to be the persons elected and entitled to the offices;

(11) No decision shall be made but by the vote of at least six (6) members of the board.

The decision of the board shall not be final or conclusive, but shall be reported to

the two (2) houses of the General Assembly, in joint session, for the further action

of the General Assembly. The Speaker of the House shall preside at the joint

session, and the General Assembly shall then determine the contest;

(12) If no decision of the board is given during the then session of the General

Assembly, the board shall be dissolved, unless by joint resolution of the two (2)

houses it is empowered to continue longer;

(13) If a new election is required, it shall be immediately ordered by proclamation of the

Speaker of the House, who shall issue a writ of election. The writ shall be signed by

the Speaker, shall designate the day for holding the election, and shall be directed to

the proper sheriff or sheriffs as provided in KRS 118.740; and

(14) When a new election is ordered, or the incumbent is adjudged not to be entitled to

the office, his or her power shall immediately cease, and if the office is not

adjudged to another, it shall be deemed vacant.