120.017 Administrative or clerical errors as grounds for contest -- Action brought in Circuit Court -- Recount -- Appeal. - Kentucky Statutes

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120.017 Administrative or clerical errors as grounds for contest -- Action brought in Circuit Court -- Recount -- Appeal. (1) It shall be the duty of precinct election officers at all primary, regular, or special elections to immediately report to the county clerk any administrative or clerical
error discovered in the process of conducting the polling or tabulation of votes at
any such election. (2) Upon receipt by the county clerk of notice of error in conducting the polling or tabulation of votes pursuant to subsection (1) of this section, the county clerk shall
file an action in the Circuit Court, within fifteen (15) days of the election,
requesting a recount of ballots for the precinct reporting the administrative or
clerical error. Simultaneously with the filing of such action, the county clerk shall
make written notice by regular mail to all candidates appearing on the ballot of the
precinct at issue that such action is being filed. In the case of an election for
candidates for offices for the state at large or an election on a statewide public
question, the action shall be filed in the Franklin Circuit Court; in the case of other
elections, the action shall be filed in the Circuit Court of the county in which the
precinct reporting the error is located. (3) An action filed in the Circuit Court of proper jurisdiction pursuant to this section shall be heard summarily and without delay. Upon filing of the action, the circuit
clerk shall immediately notify the Circuit Judge, and the judge shall at once enter an
order directing custody of the voting machine, the ballots, boxes and all papers
pertaining to the election from that precinct claiming error, to be transferred to the
Circuit Court, and fix a day for the recount proceeding to begin. (4) Candidates notified pursuant to subsection (3) of this section shall, upon proper motion, be made parties to the action. (5) On the day fixed for the recount, the court shall proceed to recount the ballots if their integrity is satisfactorily shown and shall complete the recount as soon as
practicable, and shall file and enter of record the results thereof. (6) Any person made party to the action pursuant to subsection (4) of this section may appeal from the judgment to the Court of Appeals, in the same manner as provided
in KRS 120.075. (7) The county clerk shall certify the final recount results entered of record in any action filed pursuant to this section to the county board of elections and to the local
governing body of each of two (2) dominant political parties. Final certification of
election results shall then proceed according to KRS Chapters 117, 118, and 118A. Effective: July 15, 1982
History: Created 1982 Ky. Acts ch. 295, sec. 1, effective July 15, 1982.