Kentucky Recount Laws

This information was initially released on October 21, 2010. Note: While many of our states were reviewed by Secretary of State staff and/or others familiar with state recount laws, we were unable to procure a review of our information for Kentucky by the launch of our database. Please check back for possible updates.

Voting System Used: 

Mixed paper ballot and DREs without VVPAT For more details, visit Verified Voting.

 

Counting Method: 

No statutory guidance provided for counting method The majority of precincts in Kentucky use either solely direct-recording electronic machines (DREs) without a voter verified paper audit trail (VVPAT), or a mixture of paperless DREs with paper ballots (on optical scan machines). This means that, effectively, no recount can be conducted for the majority of votes cast in Kentucky. For those votes that are cast on paper ballots, we found no statutory guidance requiring ballots to be recounted by hand or retabulated by machine. If you know of relevant rules or statutes regarding this, please send the statute number and link to info@ceimn.org.

Initiating Mechanism: 

Candidate-initiated Voter-initiated Election official-initiated Election Official-Initiated Recounts: If precinct election officers in any election report errors to the county clerk, it is the clerk's duty to file with the Circuit Court requesting a recount. See the Kentucky Revised Statutes, Section 120.017, “Administrative or clerical errors as grounds for contest -- Action brought in Circuit Court -- Recount -- Appeal”: http://www.lrc.state.ky.us/KRS/120-00/017.PDF. Timing: Recount requests must be filed with the Circuit Court within 15 days of the election. See Chapter 120.017, Subsection (2).

Candidate-Initiated Options: 

Contested election Specific offices only For primary elections, any candidate or slate of candidates may request a recount, as long as they have earned at least 50% “of the votes cast for the successful candidate or slate of candidates for nomination to the office.” See Section 120.095, “Recount of primary election”: http://www.lrc.ky.gov/KRS/120-00/095.PDF. Candidates may also contest a primary election, and in their petition to the court include a request for a recount. However, in order to contest a primary election, a candidate or slate of candidates must have earned at least 50% “of the votes cast for the successful candidate or slate of candidates for nomination to the office.” See Section 120.055, “Procedure of contest for primary election”: http://www.lrc.state.ky.us/KRS/120-00/055.PDF. For general elections, any candidate or slate of candidates for “state, county, district or city office,” with the exception of “the office of Governor, Lieutenant Governor, member of the General Assembly, and those city offices as to which there are other provisions made by law for determining contest elections,” may request a recount. See Section 120.185, “Recount of election of officers referred to in KRS 120.155”: http://www.lrc.ky.gov/KRS/120-00/185.PDF. Recounts are handled by the same court that manages election contest proceedings, and if a candidate has initiated a contest, they cannot file the recount request separately but must file it as part of the election contest proceedings. In order to initiate contest proceedings, however, a candidate must have earned at least 25% of the number of votes cast for the successful candidate for the office.” See Section 120.155, “Contest of regular election of officers other than Governor, Lieutenant Governor, General Assembly member and certain city officers”: http://www.lrc.ky.gov/KRS/120-00/155.PDF. Timing: For both primary and general elections, recount requests must be filed within ten days of the election. Candidates contesting a primary election must file their recount request within five days “within five (5) days after the service of process on the petition;” candidates contesting a general election still have a full ten days within which to file. See Sections 120.095 and 120.185.

Voter-Initiated Options: 

Voters may request recounts for initiatives/questions Any voter “who was qualified to and did vote on any public question” may petition for a recount. See Section 120.250, “Contest or recount of election on public question”: http://www.lrc.ky.gov/KRS/120-00/250.PDF. Similarly, any voter “who was qualified to and did vote on any constitutional convention, constitutional amendment, or statewide public question” may petition for a recount. See Section 120.280, “Contest on constitutional convention or amendment, or statewide public question”: http://www.lrc.state.ky.us/KRS/120-00/280.PDF. Voters may also request recounts for Kentucky’s “local option” elections. Here, the same rules governing candidate initiated recounts apply. See Section 242.120, “Recounts and contests”: http://www.lrc.ky.gov/krs/242-00/120.pdf. Timing: Recount requests must filed within 30 days after the election for public questions, within 15 days after the election for amendments and constitutional conventions, and within 10 days after the election for local option questions.

Cost for Candidate-Initiated Recounts: 

Paid entirely by initiator Initiator pays deposit or bond before recount Candidates must pay a bond before the recount, for all costs associated with the recount, in an amount to be determined by the Circuit Judge. See Sections 120.095 and 120.185.

Cost for Voter-Initiated Recounts: 

Paid entirely by initiator Initiator pays deposit or bond before recount Candidates must pay a bond before the recount, for all costs associated with the recount, in an amount to be determined by the Circuit Judge. See Sections 120.250 and 120.280.

Challengers and Observers: 

No statutory guidance for recount observers No statutory guidance for recount challengers For voter-initiated recounts on questions or amendments, two commissioners are appointed by the court to assist in the recount; one “shall represent the contestant and one the contestee.” Initiators may also have an attorney present during the recount proceedings. See Section 120.260, “Procedure for recount on public question”: http://www.lrc.state.ky.us/KRS/120-00/260.PDF There are not similar procedures given for candidate-initiated recounts. Nor did we find mention of a role for observers or challengers representing the recount initiators, for either candidates or voters. Nor did we find any statute requiring that the recount be conducted publicly.

Rules for Determining Voter Intent: 

Statutory guidance provided The Kentucky Administrative Regulations contains definitions of a valid vote. See Title 31, Rule 6:030, “Uniform definition of a vote”: http://www.lrc.ky.gov/kar/031/006/030.htm.

Audit Laws: 

State has audit laws See: http://www.ceimn.org/state-audit-legislation-reference-guide/kentucky.

Additional Resources: 
Kentucky Revised Statutes - Title X - Elections
Kentucky State Board of Elections
Kentucky Secretary of State
Kentucky Audit Info from CEI