KRS 120.095: Recount of primary.

(1) Any candidate voted for at a primary held under KRS 118.015 to 118.035 and

118.105 to 118.255 may request a recount of the ballots by filing a petition with the

same court that contest petitions are required to be filed with, within ten (10) days

after the day of the primary, or, if the candidate is qualified to bring a contest

proceeding under KRS 120.055, by including a request for a recount in his or her

petition instituting the contest proceedings. Any candidate who is a contestee in a

contest proceeding under KRS 120.055 may request a recount in his or her answer

filed in the contest proceeding, but in that case the answer shall be filed within five

(5) days after the service of process on the petition. When a request for a recount is

made, the State Bo ard of Elections or the county board of elections, whichever

would issue the certificate of nomination, shall be made a party defendant. The

party requesting the recount shall execute a bond with approved surety for the costs

of the recount, in an amount t o be fixed by the Circuit Judge. Upon the bond being

filed, the clerk shall immediately notify the Circuit Judge of the request and the

filing of the bond, and the judge shall at once enter an order directing custody of the

voting machines, voting equipmen t, or voting system, the ballots, boxes, and all

papers pertaining to the election to be transferred to the Circuit Court, and fix a day

for the recount proceedings to begin. A copy of the order shall be served upon the

parties or their counsel in the same manner as notices are required to be served,

which shall be deemed sufficient notice of the proceeding. On the day fixed, the

court shall proceed to recount the ballots if their integrity is satisfactorily shown and

shall complete the recount as soon as p racticable, and file and enter of record the

results thereof, and direct the state board or county board, whichever would issue

the certificate of nomination, to issue a certificate to the party entitled thereto as

shown by the recount.

(2) Any party may a ppeal from the judgment to the Court of Appeals, in the same

manner as provided in KRS 120.075, all of the provisions of which statute shall be

applicable.

(3) If a proceeding for recount is asked and prosecuted in a contest proceeding, it shall

not await the preparation or trial of the contest in the Circuit Court or in the Court

of Appeals. The action of the courts shall be final, concluding the parties as to the

question of a recount of the ballots, and certificates shall then be issued to the

parties entitled thereto.