{"data":{"id":"us-ky/krs-120.017","jurisdiction":"us-ky","citation":"KRS 120.017","heading":"Administrative or clerical errors as grounds for contest -- Action brought","body":"in Circuit Court -- Recount -- Appeal -- Determination regarding automatic\nrecount.\n(1) It shall be the duty of precinct election officers at all primaries, regular el ections, or\nspecial elections to immediately report to the county clerk any administrative or\nclerical error discovered in the process of conducting the polling or tabulation of\nvotes at any such primary or election.\n(2) Upon receipt by the county clerk of  notice of error in conducting the polling or\ntabulation of votes pursuant to subsection (1) of this section, the county clerk shall\nfile an action in the Circuit Court within fifteen (15) days of the primary or election,\nrequesting a recount of ballots fo r the precinct reporting the administrative or\nclerical error. Simultaneously with the filing of such action, the county clerk shall\nmake written notice by regular mail to all candidates appearing on the ballot of the\nprecinct at issue that such action is being filed. In the case of an election for\ncandidates for offices for the state at large or an election on a statewide public\nquestion, the action shall be filed in the Franklin Circuit Court; in the case of other\nelections, the action shall be filed in t he Circuit Court of the county in which the\nprecinct reporting the error is located.\n(3) An action filed in the Circuit Court of competent jurisdiction pursuant to this\nsection shall be heard summarily and without delay. Upon filing of the action, the\ncircuit clerk shall immediately notify the Circuit Judge, and the judge shall at once\nenter an order directing custody of the voting machine, voting equipment, or voting\nsystem, the ballots, ballot boxes, and all papers pertaining to the primary or election\nfrom that precinct claiming error, to be transferred to the Circuit Court, and fix a\nday for the recount proceeding to begin.\n(4) Candidates notified pursuant to subsection (3) of this section shall, upon proper\nmotion, be made parties to the action.\n(5) On the day fixed for the recount, the court shall proceed to recount the ballots if\ntheir integrity is satisfactorily shown and shall complete the recount as soon as\npracticable, and shall file and enter of record the results thereof.\n(6) Any person made part y to the action pursuant to subsection (4) of this section may\nappeal from the judgment to the Court of Appeals, in the same manner as provided\nin KRS 120.075.\n(7) The county clerk shall certify the final recount results entered of record in any\naction filed pursuant to this section to the county board of elections and to the local\ngoverning body of each of two (2) dominant political parties. Final certification of\nelection results shall then proceed according to KRS Chapters 117, 118, and 118A.\n(8) The cou rt may determine if an automatic recount conducted under KRS 120.157\nsatisfies the recount required under this section.","path":["KRS Chapter 120"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51705","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:18Z","sha256":"cae087f261fc69ed11a4f590b7e9c613efeee97d787fac60de3bbbc0f1a70156","source_id":"us-ky","stale":false,"prev":"us-ky/krs-120.015","next":"us-ky/krs-120.020"},"notice":"GroundRules: Original legal text. Not legal advice."}