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117.295 Period machines to remain locked -- Custody of keys.
(1)
(2)
For a period of ten (10) days following any primary election, and for a period of
thirty (30) days following any general or special election, the voting machine
shall remain locked against voting and the ballot boxes containing all paper
ballots shall remain locked, except that the voting machines and the ballot
boxes may be opened and all the data and figures therein examined, upon the
order of any court of competent jurisdiction, or judge thereof, or by direction of
any legislative committee authorized and empowered to investigate and report
upon contested elections, and all the data and figures shall be examined by the
court, judge, or committee in the presence of the officer having the custody of
the machine and ballot boxes. In the event of a contest of election, the court in
which the contest is pending or the committee before which the contest is
being heard may, upon motion of any party to the contest, issue an order
requiring that the voting machines and ballot boxes shall remain continuously
locked for further time as may be reasonable or necessary, with due regard for
the preparation of the machines for a succeeding primary, regular, or special
election, but in no event shall the order compel that the machines remain
locked to a time within thirty (30) days next preceding any approaching primary,
regular, or special election.
During the period when the machine and the ballot boxes are required to be
kept locked, the keys thereto shall remain in the possession of the county
board of elections. After that period, it shall be the duty of the county board of
elections to return the keys to the custody of the county clerk.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 176, sec. 9, effective July 15, 2010. -Amended 2008 Ky. Acts ch. 129, sec. 5, effective July 15, 2008. -- Amended
1992 Ky. Acts ch. 288, sec. 37, effective July 14, 1992. -- Created 1974 Ky. Acts
ch. 130, sec. 43, effective June 21, 1974.
Legislative Research Commission Note (7/15/2008). 2008 Ky. Acts ch. 129
eliminated the runoff primary in elections for Governor and Lieutenant Governor.
In Section 5 of that Act (this statute), a reference to "runoff primary" that was
deleted by the drafter has been deleted in codification as a manifest clerical or
typographical error by the Reviser of Statutes.
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