{"data":{"id":"us-ky/krs-242.120","jurisdiction":"us-ky","citation":"KRS 242.120","heading":"Recounts and contests -- Creation of recanvass procedures for local option","body":"elections -- Recanvass reports.\n(1) Any qualified voter may demand a recount of the votes or contest the election in the\nsame manner as is provided for the recount of votes or contest of regular elections\nof county officers by KRS 120.155 to 120.185. The members of the county board of\nelection commissioners shall be named as contestees and summons shall be served\nupon them. Any qualified voter may intervene as contestee  by filing a petition to be\nmade a party in the action.\n(2) (a) The canvass and returns provided for in KRS 242.110 shall constitute the\nofficial returns for the local option election, unless before 4 p.m. on the\nseventh day following the local option elec tion, the county clerk or county\nboard of elections takes notice of a discrepancy in the tally of votes cast in any\nprecinct or number of precincts within the territory voting in the local option\nelection, or a committee favoring or opposing the propositio n makes a written\nrequest to the county board of elections to check and recanvass the ballots\ncast, including absentee ballots, of any precinct or any number of precincts\ninvolving the local option election. After this time period has elapsed and\nnotice is taken, the county board of elections shall assemble at 9 a.m. on the\nsecond day following the filing deadline to request a recanvass, and not\nsooner, and recheck and recanvass all voting equipment and make a proper\nreturn thereof to the county clerk, and the canvass and return shall become the\nofficial returns for the election.\n(b) In making the recanvass, the county board of elections shall make a record of\nthe unique designation or number of the seal upon the voting equipment and,\nwithout unlocking the v oting equipment against voting, recanvass the votes\ncast. If, after a recanvass, it is found that the original canvass of the returns\nhas been correctly made from the voting equipment and that there still remains\na discrepancy unaccounted for, this discrep ancy shall be noted. If, upon\nrecanvass, it appears that the original canvass of the returns by the election\nofficers was incorrect, the returns and all papers being prepared by the county\nboard of elections shall be corrected accordingly.\n(c) The county board of elections shall, immediately upon receipt of a request for\na recanvass, notify the committees favoring or opposing the proposition of the\ntime and place of the recanvass. At the recanvass, the committees favoring or\nopposing the proposition may be present. The county board of elections shall\nauthorize representatives of the news media to observe the recanvass of the\nvotes cast at the polls in each precinct. Nothing in this section shall prohibit an\nindividual from requesting, in addition to a recanv ass, a recount as authorized\nby KRS Chapter 120.\n(3) The State Board of Elections shall prescribe through administrative regulations\npromulgated under KRS Chapter 13A, a form to be used by county boards of\nelection to report all recanvassed votes. The form  shall include the following\ninformation:\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 local option election;\n(d) The proposition for which the recanvass was conducted;\n(e) The names of th e leaders of the committees favoring or opposing the\nproposition being recanvassed; and\n(f) The votes cast at the polls, absentee votes, and vote totals for each \"yes\" or\n\"no\" vote.\nThe report shall be signed by each member of the county board of elections.\n(4) The county board of elections shall file its recanvass report as prescribed in\nadministrative regulations promulgated by the State Board of Elections in\naccordance with KRS Chapter 13A.\n(5) The State Board of Elections shall promulgate administrative regulations in\naccordance with KRS Chapter 13A to establish the proper procedures for\nconducting a local option election recanvass for each type of voting system\napproved by the State Board of Elections and in use in Kentucky.","path":["KRS Chapter 242"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51709","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:52Z","sha256":"8133d3b76ad209c5f7ae52f5635896a23ad31b8fb0f8504b820527639b69978e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-242.110","next":"us-ky/krs-242.122"},"notice":"GroundRules: Original legal text. Not legal advice."}
