KRS § 118.425 — KY Code / Title X / Chapter 118 / Section 118.425
118.425 Issuance of certificates of election -- Tie votes
Status: in_force

118.425 Issuance of certificates of election -- Tie votes.

(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 (1)

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 (1)

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.