2016 Kentucky Revised Statutes CHAPTER 242 - ALCOHOLIC BEVERAGES -- LOCAL OPTION .120 Recounts and contests -- Creation of recanvass procedures for local option elections to be consistent with recanvass procedures for primaries and regular and special elections -- Appeals.
Download as PDF
242.120 Recounts and contests -- Creation of recanvass procedures for local option
elections to be consistent with recanvass procedures for primaries and regular
and special elections -- Appeals.
(1)
(2)
(3)
Any qualified voter may demand a recount of the votes or contest the election in the
same manner as is provided for the recount of votes or contest of general elections
of county officers by KRS 120.155 to 120.185. The members of the county board of
election commissioners shall be named as contestees and summons shall be served
upon them. Any qualified voter may intervene as contestee by filing a petition to be
made a party in the action.
(a) The canvass and returns provided for in KRS 242.110 shall constitute the
official returns for the local option election, unless before 4 p.m. on the
seventh day following the local option election, the county clerk or county
board of elections takes notice of a discrepancy in the tally of votes cast in any
precinct or number of precincts within the territory voting in the local option
election, or a committee favoring or opposing the proposition makes a written
request to the county board of elections to check and recanvass the voting
machines and absentee ballots of any precinct or any number of precincts
involving the local option election. After this time period has elapsed and
notice is taken, the county board of elections shall assemble at 9 a.m. on the
second day following the filing deadline to request a recanvass, and not
sooner, and recheck and recanvass each machine and make a proper return
thereof to the county clerk, and the canvass and return shall become the
official returns for the election.
(b) In making the recanvass, the county board of elections shall make a record of
the number of the seal upon the voting machine and, without unlocking the
machine against voting, recanvass the vote cast thereon. If, after a recanvass, it
is found that the original canvass of the returns has been correctly made from
the machine and that there still remains a discrepancy unaccounted for, this
discrepancy shall be noted. If, upon recanvass, it appears that the original
canvass of the returns by the election officers was incorrect, the returns and all
papers being prepared by the county board of elections shall be corrected
accordingly.
(c) The county board of elections shall, immediately upon receipt of a request for
a recanvass, notify the committees favoring or opposing the proposition of the
time and place of the recanvass. At the recanvass, the committees favoring or
opposing the proposition may be present. The county board of elections shall
authorize representatives of the news media to observe the recanvass of the
votes cast on the voting machine in each precinct. Nothing in this section shall
prohibit an individual from requesting, in addition to a recanvass, a recount as
authorized by KRS Chapter 120.
The State Board of Elections shall prescribe forms to be used by county boards of
election to report all recanvassed votes. The form shall include the following
information:
(a) The name of the county in which the recanvass was conducted;
(b)
(c)
(d)
(e)
(4)
(5)
The date of the report;
The date of the local option election;
The proposition for which the recanvass was conducted;
The names of the leaders of the committees favoring or opposing the
proposition being recanvassed; and
(f) The machine votes, absentee votes, and vote totals for each "yes" or "no" vote.
The report shall be signed by each member of the county board of elections.
The county board of elections shall file its recanvass report as prescribed in
administrative regulations promulgated by the State Board of Elections in
accordance with KRS Chapter 13A.
The State Board of Elections shall promulgate administrative regulations in
accordance with KRS Chapter 13A to establish the proper procedures for
conducting a local option election recanvass for each type of voting system
approved by the State Board of Elections and in use in Kentucky.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 121, sec. 10, effective June 25, 2013. -- Amended
1982 Ky. Acts ch. 360, sec. 65, effective July 15, 1982. -- Amended 1980 Ky. Acts
ch. 188, sec. 226, effective July 15, 1980. -- Recodified 1942 Ky. Acts ch. 208, sec.
1, effective October 1, 1942, from Ky. Stat. sec. 2554c-13.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.