KRS § 120.157 — KY Code / Title X / Chapter 120 / Section 120.157
120.157 Automatic recount -- Determination by State Board of Elections -- Custody of materials -- Proceedings of county board of elections -- Costs
Status: in_force

120.157 Automatic recount -- Determination by State Board of Elections -- Custody

of materials -- Proceedings of county board of elections -- Costs.

(1) In any regular election or special election for any member of the General Assembly,

the United States Senate or the United States House of Representatives, Governor

and Lieutenant Governor, Treasurer, Auditor of Public Accounts, Commissioner of

Agriculture, Labor and Statistics, Secretary of State, and Attorney General, a

recount of the vote shall be required when a candidate is defeated by a margin of not

more than one-half of one percent (0.5%) of the votes cast for the office.

(2) The State Board of Elections shall determine whether a recount is required under

this section based upon the total number of votes certified to the Secretary of State.

The time for conducting the recount under this section shall be as follows:

(a) For the offices of Governor and Lieutenant Governor, no recanvass under

KRS 117.305 shall be made. The recount shall be commenced not later than 9

a.m. local time on the Tuesday following the election and shall be conducted

in the manner provided under subsections (3) to (7) of this section. The

recount shall be completed within fourteen (14) days, Sundays excluded; and

(b) For all other offices listed in subsection (1) of this section, the recount shall be

commenced not later than 9 a.m. local time on the second Tuesday following

the election and shall be conducted in the manner provided under subsections

(3) to (7) of this section. The recount shall be completed within fourteen (14)

days, Sundays excluded.

(3) The custody of the voting equipment, ballots, boxes, and all papers pertaining to the

election shall be maintained by the county board of elections. The voting equipment

shall remain continuously locked, and the ballot boxes containing all paper ballots

shall remain continuously locked as required by KRS 117.295 until the time set for

the recount. The keys shall remain in the possession of the county board of elections

until the time set for the recount.

(4) The recount shall be conducted by the county board of elections of each county in

which votes for the office that is the subject of the recount were cast.

(5) At the recount, each political party represented on the county board of elections may

appoint a representative to be present, and each candidate subject to the recount may

be present, either in person or by a representative, or both. The county board of

elections shall authorize representatives of the news media to observe the recount.

(6) On the day fixed for the recount, the county board of elections shall meet and, after

confirming the integrity of the ballots, shall proceed to recount the ballots.

(7) The county board of elections shall complete the recount within the time established

under subsection (2) of this section. Upon completion of the recount, the county

board of elections shall file and enter of record the results of the recount, and shall

certify the results of the recount of the total number of votes to the Secretary of

State not later than 4 p.m., local time, on the day following the completion of the

recount, Sunday excluded. No certificate of election shall be issued by the State

Board of Elections while the recount is pending.

(8) The costs of any recount held pursuant to this section shall be paid by the

Commonwealth of Kentucky. The costs shall be deemed a necessary government

expense and shall be paid from the general fund surplus account under KRS 48.700

or the budget reserve trust fund account under KRS 48.705.

(9) If a recount is conducted under subsection (1) of this section:

(a) The time for filing a contest petition shall be tolled until the vote is certified

under subsection (7) of this section; and

(b) The candidate may initiate an election contest, but no request for an additional

recount shall be considered prior to the completion of the certification of the

vote under subsection (7) of this section.