{"data":{"id":"us-ky/krs-117.305","jurisdiction":"us-ky","citation":"KRS 117.305","heading":"Recanvass of votes -- Discrepancy or written request -- Statistics sufficient","body":"to compel recanvass -- Returns -- Forms for reporting recanvassed vote --\nAdministrative regulations for recanvass procedures.\n(1) The canvass and returns provided for in KRS 117.275 shall constitute the official\nreturns of the precinct, unless before 4 p.m. on the Tuesday following a primary or\nregular election, or before 4 p.m. on the day following a special election held for the\npurpose of filling a vacancy, the c ounty clerk or county board of elections takes\nnotice of a discrepancy in the tally of votes cast in any precinct or number of\nprecincts, or a candidate makes a written request to the county board of elections in\nthe case of a candidate who has filed with the county clerk, or the Secretary of State\nin the case of a candidate who has filed with the Secretary of State, to check and\nrecanvass the voting equipment, valid federal provisional ballots, valid federal\nprovisional absentee ballots, and absentee ballo ts of any precinct or any number of\nprecincts involving the candidate's race. A candidate's written request for a\nrecanvass shall be insufficient to compel the recanvass unless the difference\nbetween the number of votes received by the requesting candidate  and the number\nof votes received by any other candidate or candidates for the same office is less\nthan one percent (1%) of the total votes which were cast for such office.\n(2) The county board of elections shall, immediately upon notice of any discrepancy  as\ndescribed in subsection (1) of this section, or upon receipt of a request for a\nrecanvass, notify each candidate for the office of the time and place of the\nrecanvass. At the recanvass, each political party represented on the board may\nappoint a repres entative there to be its governing body, and also each candidate to\nbe voted for may be present, either in person or by a representative or both. The\ncounty board of elections shall authorize representatives of the news media to\nobserve the recanvass of the voting equipment in each precinct.\n(3) After the time period has elapsed and notice is taken as provided under subsections\n(1) and (2) of this section, the county board of elections shall assemble at 9 a.m. on\nthe Thursday following the filing deadline to request a recanvass under this section,\nand not sooner, and recheck and recanvass the voting equipment and make a proper\nreturn thereof to the county clerk, and the canvass and return shall become the\nofficial returns for the primary or election. In maki ng the recanvass, the board shall\nmake a record of the number of the seal or the unique designation upon the voting\nequipment and, without unlocking the voting equipment, recanvass the vote cast.\n(4) If, after a recanvass, it is found that the original can vass of the returns has been\ncorrectly made from the voting equipment, and that there still remains a discrepancy\nunaccounted for, this discrepancy shall be noted. If, upon recanvass, it appears that\nthe original canvass of the returns by the election offi cers was incorrect, the returns\nand all papers being prepared by the board shall be corrected accordingly. Nothing\nin this section shall prohibit an individual from requesting, in addition to a\nrecanvass, a recount as authorized by KRS Chapter 120.\n(5) The State Board of Elections shall prescribe and furnish the forms to be used by\ncounty boards of election to report all recanvassed votes. The form, promulgated\nthrough administrative regulations under KRS Chapter 13A, shall include the\nfollowing information:\n(a) The name of the county in which the recanvass was conducted;\n(b) The date of the report;\n(c) The date of the primary or election;\n(d) The office for which the recanvass was conducted;\n(e) The names of each candidate for the office being recanvassed; and\n(f) The votes cast at the polls, absentee votes, valid federal provisional votes,\nvalid federal provisional absentee votes, and vote totals for each candidate, as\nwell as write-in votes cast in a regular or special election for candidates whose\nnames did not appear on the ballot.\nThe report shall be signed by each member of the county board of elections.\n(6) The county board of elections shall file its recanvass report as prescribed in\nadministrative regulations promulgated by the State Board of Electi ons in\nconformity with KRS Chapter 13A.\n(7) The State Board of Elections shall promulgate administrative regulations in\naccordance with KRS Chapter 13A to establish the proper procedures for\nconducting a recanvass for each type of voting system approved by  the State Board\nof Elections and in use in Kentucky.","path":["KRS Chapter 117"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51676","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:13Z","sha256":"3327b31414d846ac03058ad0cd2c27f8e9f245c329f4cd5f4c6a5fdb3dd8a3eb","source_id":"us-ky","stale":false,"prev":"us-ky/krs-117.300","next":"us-ky/krs-117.310"},"notice":"GroundRules: Original legal text. Not legal advice."}