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120.095 Recount of primary election.
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Any candidate or slate of candidates voted for at a primary election held under
KRS 118.015 to 118.035 and 118.105 to 118.255 may request a recount of the
ballots by filing a petition with the same court that contest petitions are required
to be filed with, within ten (10) days after the day of the primary election, or, if
the candidate or slate of candidates is qualified to bring a contest proceeding
under KRS 120.055, by including a request for a recount in his petition
instituting the contest proceedings. Any candidate or slate of candidates that is
a contestee in a contest proceeding under KRS 120.055 may request a recount
in his answer filed in the contest proceeding, but in that case the answer shall
be filed within five (5) days after the service of process on the petition. When a
request for a recount is made, the State Board of Elections or the county board
of elections, whichever would issue the certificate of nomination, shall be made
a party defendant. The party requesting the recount shall execute a bond with
approved surety for the costs of the recount, in an amount to be fixed by the
Circuit Judge. Upon the bond being filed, the clerk shall immediately notify the
Circuit Judge of the request and the filing of the bond, and the judge shall at
once enter an order directing custody of the voting machines, the ballots,
boxes, and all papers pertaining to the election to be transferred to the Circuit
Court, and fix a day for the recount proceedings to begin. A copy of the order
shall be served upon the parties or their counsel in the same manner as
notices are required to be served, which shall be deemed sufficient notice of
the proceeding. On the day fixed, the court shall proceed to recount the ballots
if their integrity is satisfactorily shown and shall complete the recount as soon
as practicable, and file and enter of record the results thereof, and direct the
state board or county board, whichever would issue the certificate of
nomination, to issue a certificate to the party entitled thereto as shown by the
recount.
Any party may appeal from the judgment to the Court of Appeals, in the same
manner as provided in KRS 120.075, all of the provisions of which statute shall
be applicable.
If a proceeding for recount is asked and prosecuted in a contest proceeding, it
shall not await the preparation or trial of the contest in the Circuit Court or in
the Court of Appeals. The action of the courts shall be final, concluding the
parties as to the question of a recount of the ballots, and certificates shall then
be issued to the parties entitled thereto.
Effective:July 14, 1992
History: Amended 1992 Ky. Acts ch. 288, sec. 43, effective July 14, 1992. -Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 135, effective January 2,
1978. -- Created 1974 Ky. Acts ch. 130, sec. 162.
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