KRS 120.290: Procedure for recount of election on constitutional convention or

amendment, or statewide public question.

(1) If a contest instituted under KRS 120.280 involves the recount of ballots, and the

court has determined that the petition of contest present s sufficient grounds, the

court shall immediately order the ballots of the counties and precincts in which the

recount is demanded sent to the courthouse at Frankfort, in a manner designated in

the order. The court may appoint two (2) special commissioners to help make the

recount, who shall receive three dollars ($3) per day and their actual traveling

expenses, when approved by the Franklin Circuit Court. The attorneys representing

the contestant and the Commonwealth's attorney representing the contestee m ay be

present at all hearings on the recount. The contestant and contestee shall each be

entitled to appoint one (1) inspector, who shall be allowed to witness the recount.

(2) The result of the recount of ballots shall be reported to the court within thre e (3)

days after it has been completed, together with all the disputed ballots and any

ballots not counted. After inspecting and passing on the disputed and uncounted

ballots, the court shall add such of them as are found to be legal to the number of

legal ballots determined by the recount. If the court finds that any ballots were

procured by fraud, duress, bribery, intimidation, or for valuable consideration, they

shall be rejected as illegal and void. If there has been such error, fraud or other

irregularity as to make it impossible to ascertain the correct result in any precinct,

the ballots from that precinct shall be thrown out and considered void. The vote

from a precinct shall not be counted if the contestants prove that there was bribery

or intimidat ion of the electors in that precinct and the court finds that the

contestants were in the minority in that precinct and were not in any way implicated

in the bribery or fraud complained of.