KRS 117.305: Recanvass of votes -- Discrepancy or written request -- Statistics sufficient

to compel recanvass -- Returns -- Forms for reporting recanvassed vote --

Administrative regulations for recanvass procedures.

(1) The canvass and returns provided for in KRS 117.275 shall constitute the official

returns of the precinct, unless before 4 p.m. on the Tuesday following a primary or

regular election, or before 4 p.m. on the day following a special election held for the

purpose of filling a vacancy, the c ounty clerk or county board of elections takes

notice of a discrepancy in the tally of votes cast in any precinct or number of

precincts, or a candidate makes a written request to the county board of elections in

the case of a candidate who has filed with the county clerk, or the Secretary of State

in the case of a candidate who has filed with the Secretary of State, to check and

recanvass the voting equipment, valid federal provisional ballots, valid federal

provisional absentee ballots, and absentee ballo ts of any precinct or any number of

precincts involving the candidate's race. A candidate's written request for a

recanvass shall be insufficient to compel the recanvass unless the difference

between the number of votes received by the requesting candidate and the number

of votes received by any other candidate or candidates for the same office is less

than one percent (1%) of the total votes which were cast for such office.

(2) The county board of elections shall, immediately upon notice of any discrepancy as

described in subsection (1) of this section, or upon receipt of a request for a

recanvass, notify each candidate for the office of the time and place of the

recanvass. At the recanvass, each political party represented on the board may

appoint a repres entative there to be its governing body, and also each candidate to

be voted for 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 recanvass of the voting equipment in each precinct.

(3) After the time period has elapsed and notice is taken as provided under subsections

(1) and (2) of this section, the county board of elections shall assemble at 9 a.m. on

the Thursday following the filing deadline to request a recanvass under this section,

and not sooner, and recheck and recanvass the voting equipment and make a proper

return thereof to the county clerk, and the canvass and return shall become the

official returns for the primary or election. In maki ng the recanvass, the board shall

make a record of the number of the seal or the unique designation upon the voting

equipment and, without unlocking the voting equipment, recanvass the vote cast.

(4) If, after a recanvass, it is found that the original can vass of the returns has been

correctly made from the voting equipment, and that there still remains a discrepancy

unaccounted for, this discrepancy shall be noted. If, upon recanvass, it appears that

the original canvass of the returns by the election offi cers was incorrect, the returns

and all papers being prepared by the board shall be corrected accordingly. Nothing

in this section shall prohibit an individual from requesting, in addition to a

recanvass, a recount as authorized by KRS Chapter 120.

(5) The State Board of Elections shall prescribe and furnish the forms to be used by

county boards of election to report all recanvassed votes. The form, promulgated

through administrative regulations under KRS Chapter 13A, shall include the

following information:

(a) The name of the county in which the recanvass was conducted;

(b) The date of the report;

(c) The date of the primary or election;

(d) The office for which the recanvass was conducted;

(e) The names of each candidate for the office being recanvassed; and

(f) The votes cast at the polls, absentee votes, valid federal provisional votes,

valid federal provisional absentee votes, and vote totals for each candidate, as

well as write-in votes cast in a regular or special election for candidates whose

names did not appear on the ballot.

The report shall be signed by each member of the county board of elections.

(6) The county board of elections shall file its recanvass report as prescribed in

administrative regulations promulgated by the State Board of Electi ons in

conformity with KRS Chapter 13A.

(7) The State Board of Elections shall promulgate administrative regulations in

accordance with KRS Chapter 13A to establish the proper procedures for

conducting a recanvass for each type of voting system approved by the State Board

of Elections and in use in Kentucky.