{"data":{"id":"us-ky/krs-120.185","jurisdiction":"us-ky","citation":"KRS 120.185","heading":"Recount of election of officers referred to in KRS 120.155 -- Petition --","body":"Recount proceeding -- Appeals -- General Assembly action regarding findings\nof court.\n(1) (a) 1. Any candidate who was voted for at a regular election for any of the\noffices to which KRS 120.155 applies, and who does not qualify for an\nautomatic recount under KRS 120.157, may request a recount of the\nballots by filing a petition with the same court where petitions of contest\nare required to be filed.\n2. If the candidate is qualified to institute a contest proceeding under KRS\n120.155, the candidate may request a recount by including a recount\nrequest in his or her petition instituting the contest proceeding.\n(b) Any candidate who is a contestee in a contest proceeding und er KRS 120.155\nmay request a recount in his or her answer filed in the contest proceeding, but\nonly if the answer containing the recount request is filed within five (5) days\nafter service of the petition upon the contestee.\n(c) Any candidate under this su bsection who would receive a certificate of\nelection from the county board of elections under KRS 118.425 shall file his\nor her petition requesting a recount not later than ten (10) days after the day of\nthe election. The county board of elections shall be named a party defendant in\nthe petition.\n(d) Any candidate under this subsection who would receive a certificate of\nelection from the State Board of Elections under KRS 118.425 shall file his or\nher petition requesting a recount not later than the second Tuesday following\nthe election. The State Board of Elections shall be named a party defendant in\nthe petition.\n(e) The party requesting the recount shall execute bond with approved surety for\nthe costs of the recount, in an amount to be fixed by the Circui t Judge. The\nbond may be filed by the state political party, political organization, or\npolitical group, if any, to which the candidate is affiliated. Upon the bond\nbeing filed, the clerk shall immediately notify the Circuit Judge of the request\nand the filing of the bond, and the judge shall at once enter an order directing\nthe voting machines, voting equipment, or voting system, ballots, boxes, and\nall papers pertaining to the election be secured. The court shall further order\nthat the voting equipment, v oting system, and ballot boxes containing all\npaper ballots shall remain continuously locked as required by KRS 117.295\nuntil the time set for the recount. The keys shall remain in the custody and\npossession of the county board of elections until the time set for the recount.\n(f) The Circuit Court shall fix a day for the recount proceedings to begin. A copy\nof the order shall be served upon the parties or their counsel in the same\nmanner as notices are required to be served, which shall be deemed sufficient\nnotice of the proceeding.\n(g) At the recount, each political party represented on the county board of\nelections may appoint a representative to be present, and each candidate\nsubject to the recount may be present, either in person or by a representative,\nor both. The county board of elections shall authorize representatives of the\nnews media to observe the recount.\n(h) On the day fixed by the court, the county board of elections shall meet and\nafter confirming the integrity of the ballots, shall proceed to  recount the\nballots.\n(i) The county board of elections shall complete the recount as soon as\npracticable, and shall forward the results of the recount to the Circuit Court.\n(j) Upon receipt of the results of the recount, the court shall enter a judgment\nsetting out the results of the recount, and directing the State Board of\nElections or county board of elections, whichever would issue the certificate\nof election, to issue the certificate to the party entitled thereto as shown by the\nrecount.\n(k) No certificate of election shall be issued by the State Board of Elections or any\ncounty board of elections while any recount proceeding is pending, and any\ncertificate of election issued before the final judgment in any recount\nproceeding shall be null and void.\n(l) Any party may appeal from the judgment issued under paragraph (j) of this\nsubsection to the Court of Appeals, in the same manner as provided in KRS\n120.075, and all of the provisions of that statute shall apply.\n(m) If a proceeding for recount is reque sted and prosecuted in a contest\nproceeding, the recount shall not await the preparation or trial of the contest in\nthe Circuit Court or in the Court of Appeals. The action of the courts shall be\nfinal as to the question of a recount of the ballots under t his subsection, and\ncertificates shall then be issued to the parties entitled thereto.\n(2) (a) Any slate of candidates for Governor and Lieutenant Governor, or any\ncandidate for the United States Senate or the United States House of\nRepresentatives who was  voted for at a regular election or a special election,\nand who does not qualify for an automatic recount under KRS 120.157, may\nrequest a recount of the ballots by filing a petition in the Franklin Circuit\nCourt.\n(b) For any slate of candidates for Governor and Lieutenant Governor, the petition\nrequesting a recount shall be filed not later than the Tuesday following the\nelection. No recanvass under KRS 117.305 shall be conducted. The court shall\norder the recount to commence at 9 a.m. local time not later than a date five\n(5) days after the filing of the petition. The recount shall be completed by the\ncounty board of elections within fourteen (14) days of commencement of the\nrecount, Sundays excluded. The State Board of Elections shall be named a\nparty defendant in the petition.\n(c) For any candidate for the United States Senate or the United States House of\nRepresentatives, the petition requesting a recount shall be filed not later than\nthe second Tuesday following the election. The State Board of Elections  shall\nbe named a party defendant in the petition.\n(d) Except for the time requirements established under paragraphs (b) and (c) of\nthis subsection, the recount shall proceed as provided in subsection (1)(e) to\n(j) of this section.\n(e) No appeal shall be t aken from the findings issued by the Franklin Circuit\nCourt described in subsection (1)(j) of this section; however, any party\naggrieved by the findings or action of the court may file a petition for contest\nto the General Assembly under KRS 120.195, and t he General Assembly may\naccept, modify, or disregard the findings of the court in its sole and absolute\ndiscretion.\n(f) No certificate of election shall be issued by the State Board of Elections while\nany recount proceeding or contest proceeding is pending , and if issued before\nentry of the findings described in paragraph (e) of this subsection shall be null\nand void.\n(g) Any candidate for the United States Senate or the United States House of\nRepresentatives aggrieved by the findings or action of the court  shall proceed\nunder the rules established by the United States Congress or federal law.\n(3) (a) Any candidate for the General Assembly who was voted for at a regular\nelection or special election, and who does not qualify for an automatic recount\nunder KRS 120.157, may request a recount of the ballots by filing a petition in\nthe Circuit Court of the county where the requesting candidate resides.\n(b) The petition requesting a recount shall be filed not later than the second\nTuesday following the election. The State Board of Elections shall be named a\nparty defendant in the petition.\n(c) The recount shall proceed as provided in subsection (1)(e) to (j) of this\nsection.\n(d) No appeal shall be taken from the findings issued by the court described in\nsubsection (1)(j) of this section; however, any party aggrieved by the findings\nor action of the court may file a petition for contest to the General Assembly\nunder KRS 120.195, and the General Assembly may accept, modify, or\ndisregard the findings of the court in its sole and absolute discretion.\n(e) No certificate of election shall be issued by the State Board of Elections while\nany recount proceeding or contest proceeding is pending, and if issued before\nentry of the findings described in subsection (1)(j) of this s ection shall be null\nand void.","path":["KRS Chapter 120"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51708","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:18Z","sha256":"547bdc56d48dfaa2f9fa8eb06146219c795cd471daa41eb4df7537761e648dbd","source_id":"us-ky","stale":false,"prev":"us-ky/krs-120.180","next":"us-ky/krs-120.190"},"notice":"GroundRules: Original legal text. Not legal advice."}