KRS § 120.215 — KY Code / Title X / Chapter 120 / Section 120.215
120.215 Board to determine contest of election of member of General Assembly
Status: in_force

120.215 Board to determine contest of election of member of General Assembly.

(1) When the election of a member of the General Assembly is contested, the house to

which he or she belongs or seeks to be a member shall, within three (3) days after

its organization, and in the manner provided in KRS 120.205, select a board of not

more than nine (9) nor less than five (5) of its members to determine the contest.

(2) The number of members required for the board shall be determined by the presiding

officer of the house to which the person filing the contest belongs or seeks to be a

member, and announced to the house prior to the selection of any member of the

board, a majority of whom shall constitute a quorum.

(3) The members selected to serve on the board as provided in this section shall be

sworn by the presiding officer to try the contested election, and shall give true

judgment according to the evidence, unless dissolved before rendering judgment.

(4) The board shall be governed by the same rules, have the same power, and be subject

to the same penalties as a board to determine the contested election of Governor and

Lieutenant Governor under KRS 120.195 and as provided in this section. It shall

report its decision to the house of the General Assembly by which it was appointed,

for its further action.

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

chair, and assign a day for hearing the contest, and 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 vote, send for persons, papers, and records,

including all voting equipment, ballots, boxes, and precinct rosters, and may issue

subpoenas signed by its chair or the presiding officer of the house before which the

contest is proceeding. The board or the presiding officer may also issue subpoenas

for taking proof.

(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 before which the contest is

proceeding shall be designated by the board as the custodian of the records while

the records are in the possession of the board.

(8) The board may order a recount of the election even if a recount has been conducted

under KRS 120.157 or 120.185. A recount ordered by the board may be conducted

without prior approval of the house before which the contest is proceeding. The

recount shall be conducted by:

(a) The county clerk of the county or counties in which the precincts subject to

the recount are located, if no recount of the election has been conducted; or

(b) The State Board of Elections, if a recount has been conducted under KRS

120.157 or 120.185, which shall:

1. Determine the number of persons required to conduct the recount, each

of whom shall be a county clerk;

2. Select that number of clerks by placing the name of each county clerk in

a box or similar receptacle, and after it has been well-shaken and well-

intermixed, the chair of the State Board of Elections shall draw out one

(1) name at a time, which shall be announced aloud. This process shall

continue until the required number is obtained; and

3. Once completed, provide the results of the recount to the contest board.

The county clerk of any county containing precincts subject to the recount

shall not be eligible to conduct the recount.

(9) If it appears the candidates have received an equal number of legal votes cast, the

right to the office shall be determined by lot, in the manner prescribed by the board,

and under the direction of the board.

(10) If the board finds the person returned is not legally qualified to receive the office at

the time of his or her election, and if the house in which the contest is pending

concurs under subsection (14) of this section, a vacancy shall exist, and a new

election shall be ordered to fill the vacancy. If a new election is required, it shall be

immediately ordered by proclamation of the presiding officer of the house before

which the contest is proceeding who shall issue a writ of election. The writ shall be

signed by the officer issuing it, shall designate the day for holding the election, and

shall be directed to the proper sheriff or sheriffs as provided in KRS 118.740.

(11) If the board finds a person other than the one returned received the highest number

of legal votes cast, and if the house in which the contest is pending concurs under

subsection (14) of this section, he or she shall be adjudged the person elected and

entitled to the office.

(12) If the board is unable to decide the person entitled to the office, and if the house in

which the contest is pending concurs under subsection (14) of this section, a

vacancy shall exist, and a new election shall be ordered by that house of the General

Assembly to fill the vacancy. If a new election is required, it shall be immediately

ordered by proclamation of the presiding officer of the house before which the

contest is proceeding who shall issue a writ of election. The writ shall be signed by

the officer issuing it, shall designate the day for holding the election, and shall be

directed to the proper sheriff or sheriffs as provided in KRS 118.740.

(13) 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.

(14) No decision shall be made but by the vote of a majority of the members of the

board. The decision of the board shall not be final or conclusive, except as provided

in subsection (8) of this section, but shall be reported to the house of the General

Assembly by which it was appointed, for its further action.