2022 Kentucky Revised Statutes Chapter 117 - Regulation of elections 117.275 Counting and certification of votes -- Locking and sealing of equipment -- Return sheets -- Transmission of records -- Return of keys and equipment -- Return of ballot boxes, federal provisional ballot receptacle, supplemental paper ballot box, ballot stubs, spoiled, and unvoted ballots -- Authorized representatives of candidates and news media to witness vote count -- Tabulation and certification of ballots and distribution of precinct-by-precinct summary of results -- Limitation on publicizing partial results -- Online transmission of unofficial results -- Retention schedule for documents.
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117.275
Counting and certification of votes -- Locking and sealing of
equipment -- Return sheets -- Transmission of records -- Return of keys
and equipment -- Return of ballot boxes, federal provisional ballot
receptacle, supplemental paper ballot box, ballot stubs, spoiled, and
unvoted ballots -- Authorized representatives of candidates and news
media to witness vote count -- Tabulation and certification of ballots and
distribution of precinct-by-precinct summary of results -- Limitation on
publicizing partial results -- Online transmission of unofficial results -Retention schedule for documents.
(1)
(2)
(3)
(4)
(5)
At the count of the votes in any precinct, any candidate or slate of candidates
and any representatives to witness and check the count of the votes therein,
who are authorized to be appointed as is provided in subsection (9) of this
section, shall be admitted and permitted to be present and witness the count.
As soon as the polls are closed, and the last voter has voted, the judges at that
time shall immediately lock and seal the voting equipment so that the voting
and counting mechanisms will be prevented from operating, and they shall sign
a certificate stating:
(a) That the voting equipment has been locked against voting and sealed;
(b) The number of voters, as shown on the public counters;
(c) The number registered on the protective or cumulative counter or device;
and
(d) The number or other designation of the voting equipment.
The certificate, with any additional certificate previously prepared under KRS
117.035, shall be returned by the judges of election to the officials authorized
by law to receive it. The judges shall compare the number of voters, as shown
by the counter of the voting equipment, with the number of those who have
voted as shown by the protective or cumulative counter or device.
Where voting equipment is used which does not print the candidates' names
along with the total votes received on a general return sheet or record for that
equipment, the procedure to be followed shall be as follows:
(a) The judges, in the presence of the representatives mentioned in
subsection (1) of this section, if any, and of all other persons who may be
lawfully within the polling place, shall give full view of all the counter
numbers;
(b) The judges shall enter, in ink, the total votes cast for each candidate, and
slate of candidates, and for and against each question on the return
sheets; and
(c) Each precinct election officer shall sign the return sheets, and a copy of
the return sheets shall be posted on the precinct door.
Where voting equipment is used that prints the candidates' names along with
the total votes received on a return sheet or record for that equipment, the
precinct election officers shall sign the return sheets or record for the voting
equipment, which shall be posted on the door of the precinct.
If any officer shall decline to sign the return sheets, he or she shall state the
reason in writing, and a copy thereof, signed by the officer, shall be enclosed
with the return sheets.
(6) Each of the return sheets, if applicable, and the record of the voting equipment
shall be enclosed in an envelope. One (1) copy of the return sheets, if
applicable, one (1) copy of the record of the voting equipment, and the write-in
roll, if any write-in votes were cast in the precinct, shall be directed to the
county board of elections of the county in which the election is being held. One
(1) copy of the return sheets or record of the voting equipment shall be given to
the county clerk of the county in which the election is being held and to each of
the local governing bodies of the two (2) dominant political parties, but a local
governing body of a dominant political party may decline a copy of the precinct
election return by filing a written declination with the county board of elections
prior to the election, and upon this declination, a printed copy shall not be
issued to the political party so declining. The declination on file shall be
effective for that election and any subsequent elections until revoked by the
local governing body of a dominant political party by filing a written revocation
with the county board of elections. The envelope shall have endorsed thereon
a certificate of the election officers, stating the number or unique designation of
the voting equipment, the precinct where it has been used, the number on the
seal, and the number on the protective or cumulative counter or device at the
close of the polls.
(7) During the period established by KRS 117.355(3), and following the tabulation
of all votes cast in the election, including absentee votes and write-in votes:
(a) The county board of elections shall mail, transmit via facsimile machine,
hand-deliver, or submit by electronic means a copy of the
precinct-by-precinct summary of the tabulation sheets showing the results
from each precinct to the State Board of Elections. The copy of the
precinct-by-precinct summary of the tabulation sheets showing the results
from each precinct shall include the votes cast on the day of an election
and during in-person absentee voting; and
(b) The county clerk shall mail or deliver the precinct signature rosters from
each precinct and the in-person absentee ballot signature roster to the
State Board of Elections.
(8) For each voting location, as soon as possible after the completion of the count,
the two (2) election officers who are not of the same political affiliation shall
return to the county board of elections the keys to the voting equipment
received and receipted for by them, and the county clerk, in each voting
location, shall have the voting equipment properly boxed or securely covered
and removed to a proper and secure place of storage.
(9) In primaries, each candidate or group of candidates may designate to the
county board of elections a representative to witness and check the vote count.
In regular elections, the governing authority of each political party, each
candidate for member of board of education, nonpartisan candidate, political
group candidate, political organization candidate, independent candidate, or
independent ticket may designate a representative to the county board of
elections to witness and check the vote count. The county board of elections
shall authorize representatives of the news media to witness the vote count.
(10) For all federal provisional ballots, if applicable, and supplemental paper ballots
(11)
(12)
(13)
(14)
(15)
(16)
if approved as provided in KRS 118.215, after the polls are closed, the two (2)
judges shall return to the county clerk's office the locked federal provisional
ballot receptacle and the supplemental paper ballot box, all ballot stubs,
spoiled ballots, and unvoted ballots at the same time as the tabulation of votes
from the voting equipment is delivered. The county clerk shall issue a receipt
for the number of ballot stubs, unvoted ballots, spoiled ballots, and the ballot
boxes or ballot receptacle.
The county board of elections, or its designee, shall count and tally the
supplemental paper ballots that have not been tabulated by automatic
tabulating equipment at the precinct, either manually or with the use of
tabulating equipment that has been certified by the State Board of Elections for
use for that purpose in the county clerk's office. The results of the vote tally
shall be certified by the county board of elections to the county clerk and to the
Secretary of State.
The county board of elections shall tabulate the valid federal provisional
ballots. The results of the vote tally shall be certified by the county board of
elections to the county clerk and to the Secretary of State. The county board of
elections shall mail a copy of the precinct-by-precinct summary of the valid
federal provisional ballot tabulation sheets showing the results from each
precinct to the State Board of Elections.
The county board of elections shall authorize the candidates, slates of
candidates, or their representatives, and representatives of the news media to
be present during the counting of the supplemental and federal provisional
paper ballots.
No person shall transmit or publicize any tallies or counts of ballots, or any
partial results, to any person except those persons, election officials, or entities
authorized by law to receive it, until 6 p.m. prevailing time on the day of a
primary or an election.
(a) Unofficial election results transmitted online to the county board of
elections or the State Board of Elections shall occur by means of a secure
online connection after results are tallied on the tally computer that has
been certified in accordance with KRS 117.379 as part of a voting system
as defined in KRS 117.001.
(b) If an external device is used to upload election results for the subsequent
transmission, the device shall be used for that primary or election only
and be of a type approved by the State Board of Elections as part of a
voting system under KRS 117.379. The upload of the election results
shall occur in the presence of two (2) members of the county board of
elections who are of a different political affiliation.
Except as otherwise required in this chapter, all records and papers relating to
specified elections shall be retained for twenty-two (22) months, and the county
clerk shall retain the voted federal provisional ballots, voter affirmations,
election official affirmations, and the supplemental paper ballots for twenty-two
(22) months and the unvoted federal provisional ballots, the voter affirmations,
election official affirmations, and the supplemental paper ballots for sixty (60)
days after each election day, after which time they shall be destroyed in a
manner to render them unreadable by the county board of elections if no
contest or recount action has been filed.
Effective:April 7, 2022
History: Amended 2022 Ky. Acts ch. 87, sec. 16, effective April 7, 2022. -Amended 2021 Ky. Acts ch. 197, sec. 36, effective June 29, 2021. -- Amended
2020 Ky. Acts ch. 88, sec. 4, effective July 15, 2020; and ch. 89, sec. 20,
effective July 15, 2020. -- Amended 2010 Ky. Acts ch. 176, sec. 8, effective July
15, 2010. -- Amended 2008 Ky. Acts ch. 79, sec. 5, effective July 15, 2008; and
ch. 129, sec. 4, effective July 15, 2008. -- Amended 2000 Ky. Acts ch. 122, sec.
1, effective July 14, 2000. -- Amended 1992 Ky. Acts ch. 288, sec. 36, effective
July 14, 1992. -- Amended 1990 Ky. Acts ch. 48, sec. 30, effective July 13,
1990. -- Amended 1986 Ky. Acts ch. 470, sec. 15, effective July 15, 1986. -Amended 1980 Ky. Acts ch. 14, sec. 1, effective July 15, 1980. -- Amended
1978 Ky. Acts ch. 384, sec. 249, effective June 17, 1978. -- Amended 1976 (1st
Extra. Sess.) Ky. Acts ch. 1, sec. 9, effective March 19, 1977. -- Amended 1976
Ky. Acts ch. 130, sec. 1, effective June 19, 1976. -- Created 1974 Ky. Acts ch.
130, sec. 41, effective June 21, 1974.
Legislative Research Commission Note (7/15/2008). A reference to "subsection
(7)" in subsection (1) of this statute has been changed in codification to
"subsection (6)." 2008 Ky. Acts ch. 129, sec. 4, deleted a subsection from this
statute, resulting in the renumbering of subsequent subsections, but did not
make the necessary change to the internal reference in subsection (1). This
oversight has been corrected by the Reviser of Statutes under the authority of
KRS 7.136(1).
Legislative Research Commission Note (7/15/2008). This section was amended
by 2008 Ky. Acts chs. 79 and 129, which are in conflict. Under KRS 446.250,
Acts ch. 129, which was last enacted by the General Assembly, prevails.
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