{"data":{"id":"us-ky/krs-120.157","jurisdiction":"us-ky","citation":"KRS 120.157","heading":"Automatic recount -- Determination by State Board of Elections -- Custody","body":"of materials -- Proceedings of county board of elections -- Costs.\n(1) In any regular election or special election for any member of the General Assembly,\nthe United St ates Senate or the United States House of Representatives, Governor\nand Lieutenant Governor, Treasurer, Auditor of Public Accounts, Commissioner of\nAgriculture, Labor and Statistics, Secretary of State, and Attorney General, a\nrecount of the vote shall be required when a candidate is defeated by a margin of not\nmore than one-half of one percent (0.5%) of the votes cast for the office.\n(2) The State Board of Elections shall determine whether a recount is required under\nthis section based upon the total numbe r of votes certified to the Secretary of State.\nThe time for conducting the recount under this section shall be as follows:\n(a) For the offices of Governor and Lieutenant Governor, no recanvass under\nKRS 117.305 shall be made. The recount shall be commence d not later than 9\na.m. local time on the Tuesday following the election and shall be conducted\nin the manner provided under subsections (3) to (7) of this section. The\nrecount shall be completed within fourteen (14) days, Sundays excluded; and\n(b) For all other offices listed in subsection (1) of this section, the recount shall be\ncommenced not later than 9 a.m. local time on the second Tuesday following\nthe election and shall be conducted in the manner provided under subsections\n(3) to (7) of this section . The recount shall be completed within fourteen (14)\ndays, Sundays excluded.\n(3) The custody of the voting equipment, ballots, boxes, and all papers pertaining to the\nelection shall be maintained by the county board of elections. The voting equipment\nshall remain continuously locked, and the ballot boxes containing all paper ballots\nshall remain continuously locked as required by KRS 117.295 until the time set for\nthe recount. The keys shall remain in the possession of the county board of elections\nuntil the time set for the recount.\n(4) The recount shall be conducted by the county board of elections of each county in\nwhich votes for the office that is the subject of the recount were cast.\n(5) At the recount, each political party represented on the county board of elections may\nappoint a representative to be present, and each candidate subject to the recount may\nbe present, either in person or by a representative, or both. The county board of\nelections shall authorize representatives of the news media to observe the recount.\n(6) On the day fixed for the recount, the county board of elections shall meet and, after\nconfirming the integrity of the ballots, shall proceed to recount the ballots.\n(7) The county board of elections shall complete the recount within the time established\nunder subsection (2) of this section. Upon completion of the recount, the county\nboard of elections shall file and enter of record the results of the recount, and shall\ncertify the results of the recount of the total number of votes to the Secretary of\nState not later than 4 p.m., local time, on the day following the completion of the\nrecount, Sunday excluded. No certificate of election shall be issued by the State\nBoard of Elections while the recount is pending.\n(8) The costs of any rec ount held pursuant to this section shall be paid by the\nCommonwealth of Kentucky. The costs shall be deemed a necessary government\nexpense and shall be paid from the general fund surplus account under KRS 48.700\nor the budget reserve trust fund account under KRS 48.705.\n(9) If a recount is conducted under subsection (1) of this section:\n(a) The time for filing a contest petition shall be tolled until the vote is certified\nunder subsection (7) of this section; and\n(b) The candidate may initiate an election contest, but no request for an additional\nrecount shall be considered prior to the completion of the certification of the\nvote under subsection (7) of this section.","path":["KRS Chapter 120"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51718","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:18Z","sha256":"3a79ed46bf4ddc159400d387ce1e472d8c56ec8a1b4ada60851aaa9fc2364048","source_id":"us-ky","stale":false,"prev":"us-ky/krs-120.155","next":"us-ky/krs-120.160"},"notice":"GroundRules: Original legal text. Not legal advice."}