Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
117.305,
118.425,
242.110,
242.120
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
117.015(1)(a) authorizes the
State Board of Elections to promulgate administrative regulations necessary to
properly carry out its duties.
KRS
117.305(5) and
KRS
242.120(3) require the State
Board of Elections to prescribe forms to be used by county boards of elections
to report all recanvassed votes,
KRS
117.305(6) and
KRS
242.120(4) require that the
board promulgate administrative regulations to set reporting standards for
recanvass reports, and
KRS
117.305(7) and
KRS
242.120(5) require that the
board promulgate administrative regulations to establish the proper procedures
for conducting a recanvass for each type of voting system approved by the board
and in use in Kentucky. This administrative regulation establishes the
reporting forms to be used in the event of a recanvass, reporting standards for
an election if a recanvass is requested and received in a timely manner, and
establishes the proper procedures for conducting a recanvass on the approved
voting systems in use in Kentucky.
Section
1.
(1) The Recanvass of Official
Count and Record of Election Totals form, SBE 49A, shall be used by the county
board of elections to report all recanvassed votes, except for local option
elections.
(2) The Recanvass of
Official Count and Record of Election Totals for Local Option Election form,
SBE 49B, shall be used by the county board of elections to report recanvassed
votes for local option elections.
(3) The county board of elections shall state
the name of the county in which the recanvass is being conducted, the date of
the report, the date of the election, the office for which the recanvass is
being made, the name of each candidate for the office being recanvassed, and
the machine votes, absentee votes, provisional votes, and total votes for each
candidate. The report shall be signed by each member of the county board of
elections.
(4) For a recanvass of a
local option election, the county board of elections shall state the name of
the county in which the recanvass is being conducted, the date of the report,
the date of the local option election, the proposition for which the recanvass
is being made, the names of the leaders of the committees favoring or opposing
the proposition being recanvassed, and the machine votes, absentee votes, and
vote totals for "yes" or "no" votes. The report shall be signed by each member
of the county board of elections.
Section 2.
(1) The county board of elections shall file
its recanvass report, SBE 49A, immediately upon completion of the recanvass for
those vote totals reported to the Secretary of State, pursuant to
KRS
118.425(3).
(2) The county board of elections shall file
its recanvass report, SBE 49A, immediately upon completion of the recanvass for
the vote totals reported to the county clerk, pursuant to 118.425(2).
(3) The county board of elections shall file
its recanvass report for a local option election, SBE 49B, immediately upon
completion of the recanvass for the vote totals reported to the county clerk,
pursuant to KRS
242.110.
Section 3. If
KRS
117.305(1) or
KRS
242.120(2)(a) requires a
recanvass, the provisions established in this section shall apply.
(1) In a general election, the county board
of elections shall only check and tabulate the votes of the candidate
requesting a recanvass and each opposing candidate seeking the same
office.
(2) In a partisan primary,
the county board of elections shall only check and tabulate the votes of the
candidate requesting a recanvass and each opposing candidate of the same
political party seeking the same office.
(3) In a nonpartisan election, the county
board of elections shall only check and tabulate the votes of the candidate
requesting a recanvass and each opposing candidate seeking the same
office.
(4) In a local option
election, the county board of elections shall check and tabulate the "yes" and
"no" votes.
Section 4. A
county board of elections shall recanvass the votes recorded depending on the
machine and voting method utilized, as follows:
(1) If an electronic voting system with a
central tabulation system is used, the recanvass shall be taken:
(a) By clearing the system, such as by
setting the tabulation system to zero and retabulating the votes recorded on
the memory cartridges on election day by using the central tabulation system;
or
(b) By comparing the results
printout printed from each voting machine on election day with the county-wide
recapitulation sheet.
(2) If an electronic voting system without a
central tabulation system is used, the recanvass shall be taken by comparing
the results printout printed from each voting machine on election day with the
county-wide recapitulation sheet.
(3) Paper ballots, which were judged to be
valid by the county board of elections on election day and which were not
counted using a central tabulation system but were hand-counted on election
day, shall be recanvassed by utilizing the same procedure actually used to
count those paper ballots on election day following the procedures for the
uniform definition of a vote established by
31 KAR 6:030.
Section 5. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Recanvass of Official Count
and Record of Election Totals", SBE 49A, 04/22; and
(b) "Recanvass of Official Count and Record
of Election Totals for Local Option Election", SBE 49B, 04/22.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
State Board of Elections, 140 Walnut Street, Frankfort, Kentucky 40601, Monday
through Friday, 8 a.m. to 4:30 p.m.
(3) This material may also be obtained on the
board's Web site at
https://elect.ky.gov.
STATUTORY AUTHORITY:
KRS
117.015(1)(a),
117.305(5), (6),
(7),
242.120(3), (4),
(5)
