KRS § 117.275 — KY Code / Title X / Chapter 117 / Section 117.275
117.275 Counting and certification of votes -- Locking and sealing of equipment -- Return sheets -- Transmission of records -- Return of keys and equipment -- Return of ballot boxes, federal provisional ballot receptacle, supplemental paper ballot box, ballot stubs, spoiled, and unvoted ballots -- Authorized representatives of candidates and news media to witness vote count -- Tabulation and certification of ballots and distribution of precinct-by-precinct summary of results -- Limitation on publicizing partial results -- Online transmission of unofficial results -- Retention schedule for documents
Status: in_force

117.275 Counting and certification of votes -- Locking and sealing of equipment --

Return sheets -- Transmission of records -- Return of keys and equipment --

Return of ballot boxes, federal provisional ballot receptacle, supplemental

paper ballot box, ballot stubs, spoiled, and unvoted ballots -- Authorized

representatives of candidates and news media to witness vote count --

Tabulation and certification of ballots and distribution of precinct-by-precinct

summary of results -- Limitation on publicizing partial results -- Online

transmission of unofficial results -- Retention schedule for documents.

(1) At the count of the votes in any precinct, any candidate or slate of candidates and

any representatives to witness and check the count of the votes therein, who are

authorized to be appointed as is provided in subsection (8) of this section, shall be

admitted and permitted to be present and witness the count.

(2) As soon as the polls are closed, and the last voter has voted, the judges at that time

shall immediately lock and seal the voting equipment so that the voting and

counting mechanisms will be prevented from operating, and they shall sign a

certificate stating:

(a) That the voting equipment has been locked against voting and sealed;

(b) The number of voters, as shown on the public counters;

(c) The number registered on the protective or cumulative counter or device; and

(d) The number or other designation of the voting equipment.

The certificate, with any additional certificate previously prepared under KRS

117.035, shall be returned by the judges of election to the officials authorized by

law to receive it. The judges shall compare the number of voters, as shown by the

counter of the voting equipment, with the number of those who have voted as

shown by the protective or cumulative counter or device.

(3) Where voting equipment is used that prints the candidates' names along with the

total votes received on a return sheet or record for that equipment, the precinct

election officers shall sign the return sheets or record for the voting equipment,

which shall be posted on the door of the precinct.

(4) If any officer shall decline to sign the return sheets, he or she shall state the reason

in writing, and a copy thereof, signed by the officer, shall be enclosed with the

return sheets.

(5) Each of the return sheets, if applicable, and the record of the voting equipment shall

be enclosed in an envelope. One (1) copy of the return sheets, if applicable, one (1)

copy of the record of the voting equipment, and the write-in roll, if any write-in

votes were cast in the precinct, shall be directed to the county board of elections of

the county in which the election is being held. One (1) copy of the return sheets or

record of the voting equipment shall be given to the county clerk of the county in

which the election is being held and to each of the local governing bodies of the two

(2) dominant political parties, but a local governing body of a dominant political

party may decline a copy of the precinct election return by filing a written

declination with the county board of elections prior to the election, and upon this

declination, a printed copy shall not be issued to the political party so declining.

The declination on file shall be effective for that election and any subsequent

elections until revoked by the local governing body of a dominant political party by

filing a written revocation with the county board of elections. The envelope shall

have endorsed thereon a certificate of the election officers, stating the number or

unique designation of the voting equipment, the precinct where it has been used, the

number on the seal, and the number on the protective or cumulative counter or

device at the close of the polls.

(6) During the period established by KRS 117.355(3), and following the tabulation of

all votes cast in the election, including absentee votes and write-in votes:

(a) The county board of elections shall mail, transmit via facsimile machine,

hand-deliver, or submit by electronic means a copy of the precinct-by-precinct

summary of the tabulation sheets showing the results from each precinct to the

State Board of Elections. The copy of the precinct-by-precinct summary of the

tabulation sheets showing the results from each precinct shall include the

votes cast on the day of an election and during absentee voting; and

(b) The county clerk shall mail or deliver the precinct signature rosters from each

precinct and the in-person absentee ballot signature roster to the State Board

of Elections.

(7) For each voting location, as soon as possible after the completion of the count, the

two (2) election officers who are not of the same political affiliation shall return to

the county board of elections the keys to the voting equipment received and

receipted for by them, and the county clerk, in each voting location, shall have the

voting equipment properly boxed or securely covered and removed to a proper and

secure place of storage.

(8) In primaries, each candidate or group of candidates may designate to the county

board of elections a representative to witness and check the vote count. In regular

elections, the governing authority of each political party, each candidate for

member of board of education, nonpartisan candidate, political group candidate,

political organization candidate, independent candidate, or independent ticket may

designate a representative to the county board of elections to witness and check the

vote count. The county board of elections shall authorize representatives of the

news media to witness the vote count.

(9) For all federal provisional ballots, if applicable, and supplemental paper ballots if

approved as provided in KRS 118.215, after the polls are closed, the two (2) judges

shall return to the county clerk's office the locked federal provisional ballot

receptacle and the supplemental paper ballot box, all ballot stubs, spoiled ballots,

and unvoted ballots at the same time as the tabulation of votes from the voting

equipment is delivered. The county clerk shall issue a receipt for the number of

ballot stubs, unvoted ballots, spoiled ballots, and the ballot boxes or ballot

receptacle.

(10) The county board of elections, or its designee, shall count and tally the

supplemental paper ballots that have not been tabulated by automatic tabulating

equipment at the precinct, either manually or with the use of tabulating equipment

that has been certified by the State Board of Elections for use for that purpose in the

county clerk's office. The results of the vote tally shall be certified by the county

board of elections to the county clerk and to the Secretary of State.

(11) The county board of elections shall tabulate the valid federal provisional ballots.

The results of the vote tally shall be certified by the county board of elections to the

county clerk and to the Secretary of State. The county board of elections shall mail

a copy of the precinct-by-precinct summary of the valid federal provisional ballot

tabulation sheets showing the results from each precinct to the State Board of

Elections.

(12) The county board of elections shall authorize the candidates, slates of candidates, or

their representatives, and representatives of the news media to be present during the

counting of the supplemental and federal provisional paper ballots.

(13) No person shall transmit or publicize any tallies or counts of ballots, or any partial

results, to any person except those persons, election officials, or entities authorized

by law to receive it, until 6 p.m. prevailing time on the day of a primary or an

election.

(14) (a) Unofficial election results transmitted online to the county board of elections

or the State Board of Elections shall occur by means of a secure online

connection after results are tallied on the tally computer that has been certified

in accordance with KRS 117.379 as part of a voting system as defined in KRS

117.001.

(b) If an external device is used to upload election results for the subsequent

transmission, the device shall be used for that primary or election only and be

of a type approved by the State Board of Elections as part of a voting system

under KRS 117.379. The upload of the election results shall occur in the

presence of two (2) members of the county board of elections who are of a

different political affiliation.

(15) Except as otherwise required in this chapter, all records and papers relating to

specified elections shall be retained for twenty-two (22) months, and the county

clerk shall retain the voted federal provisional ballots, voter affirmations, election

official affirmations, and the supplemental paper ballots for twenty-two (22)

months and the unvoted federal provisional ballots, the voter affirmations, election

official affirmations, and the supplemental paper ballots for sixty (60) days after

each election day, after which time they shall be destroyed in a manner to render

them unreadable by the county board of elections if no contest or recount action has

been filed.