2024 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.
Universal Citation:
KY Rev Stat § 117.275 (2024)
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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)
(6)
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.
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 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 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
(11)
(12)
(13)
(14)
(15)
(16)
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 27, 2024
History: Amended 2024 Ky. Acts ch. 224, sec. 10, effective April 27, 2024. -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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