{"data":{"id":"us-ky/krs-120.095","jurisdiction":"us-ky","citation":"KRS 120.095","heading":"Recount of primary.","body":"(1) Any candidate voted for at a primary held under KRS 118.015 to 118.035 and\n118.105 to 118.255 may request a recount of the ballots by filing a petition with the\nsame court that contest petitions are required to be filed with, within ten (10) days\nafter the  day of the primary, or, if the candidate is qualified to bring a contest\nproceeding under KRS 120.055, by including a request for a recount in his or her\npetition instituting the contest proceedings. Any candidate who is a contestee in a\ncontest proceeding under KRS 120.055 may request a recount in his or her answer\nfiled in the contest proceeding, but in that case the answer shall be filed within five\n(5) days after the service of process on the petition. When a request for a recount is\nmade, the State Bo ard of Elections or the county board of elections, whichever\nwould issue the certificate of nomination, shall be made a party defendant. The\nparty requesting the recount shall execute a bond with approved surety for the costs\nof the recount, in an amount t o be fixed by the Circuit Judge. Upon the bond being\nfiled, the clerk shall immediately notify the Circuit Judge of the request and the\nfiling of the bond, and the judge shall at once enter an order directing custody of the\nvoting machines, voting equipmen t, or voting system, the ballots, boxes, and all\npapers pertaining to the election to be transferred to the Circuit Court, and fix a day\nfor the recount proceedings to begin. A copy of the order shall be served upon the\nparties or their counsel in the same  manner as notices are required to be served,\nwhich shall be deemed sufficient notice of the proceeding. On the day fixed, the\ncourt shall proceed to recount the ballots if their integrity is satisfactorily shown and\nshall complete the recount as soon as p racticable, and file and enter of record the\nresults thereof, and direct the state board or county board, whichever would issue\nthe certificate of nomination, to issue a certificate to the party entitled thereto as\nshown by the recount.\n(2) Any party may a ppeal from the judgment to the Court of Appeals, in the same\nmanner as provided in KRS 120.075, all of the provisions of which statute shall be\napplicable.\n(3) If a proceeding for recount is asked and prosecuted in a contest proceeding, it shall\nnot await the preparation or trial of the contest in the Circuit Court or in the Court\nof Appeals. The action of the courts shall be final, concluding the parties as to the\nquestion of a recount of the ballots, and certificates shall then be issued to the\nparties entitled thereto.","path":["KRS Chapter 120"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51706","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:18Z","sha256":"70ad5ca7935a997819d426f99f6235ce90652183826000b44e2c75317bb21e49","source_id":"us-ky","stale":false,"prev":"us-ky/krs-120.085","next":"us-ky/krs-120.110"},"notice":"GroundRules: Original legal text. Not legal advice."}