Kentucky HB 495: AN ACT relating to elections.

Bill Text

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AN ACT relating to elections. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 120.185 is amended to read as follows: 3
(1) (a) Any candidate who was voted for at a regular election for any of the offices to 4
which KRS 120.155 applies, and any candidate who was voted for at a 5
regular election as a member of the General Assembly, may request a 6
recount of the ballots by: 7
1. Filing a petition[ so requesting,] with the same court where[that] 8
petitions of contest are required to be filed under KRS 120.155[with,] 9
within ten (10) days after the day of the election;[, ]or[, ] 10
2. If the candidate is qualified to institute a contest proceeding under KRS 11
120.155, by including a request for a recount in his or her petition 12
instituting the contest proceedings[, but in the latter case the petition 13
shall be] filed within ten (10) days after the day of the election;[.] or 14
3. If a candidate for the General Assembly, by filing a petition for a 15
recount in the Circuit Court of the county where the requesting 16
candidate resides within ten (10) days after the day of the election; 17
(b) Any candidate who is a contestee in a contest proceeding under KRS 120.155 18
may request a recount in his answer filed in the contest proceeding, but only if 19
the answer is filed within ten (10) days after the day of election;[. ] 20
(c) If a request for a recount is made, the State Board of Elections or the county 21
board of elections, whichever would issue the certificate of election shall be 22
made a party defendant;[. ] 23
(d) The party requesting the recount shall execute bond with approved surety for 24
the costs of the recount, in an amount to be fixed by the Circuit Judge;[. ] 25
(e) Upon the bond being filed, the clerk shall immediately notify the Circuit 26
Judge of the request and the filing of the bond, and the judge shall at once 27

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enter an order directing the custody of the voting machines, ballots, boxes, 1
and all papers pertaining to the election to be transferred to the Circuit Court, 2
and fix a day for the recount proceedings to begin. A copy of the order shall be 3
served upon the parties or their counsel in the same manner as notices are 4
required to be served, which shall be deemed sufficient notice of the 5
proceeding;[. ] 6
(f) On the day fixed, the court shall proceed to recount the ballots if their integrity 7
is satisfactorily shown and shall complete the recount as soon as 8
practicable;[,] and 9
(g) Upon completion of the requested recount under this subsection the court 10
shall file and enter of record the results of the recount[thereof], and direct the 11
State Board of Elections[state board] or county board of elections, whichever 12
would issue the certificate of election to issue the certificate[same] to the 13
party entitled thereto as shown by the recount. 14
(2) Any party may appeal from the judgment issued under subsection (1) of this 15
section to the Court of Appeals, in the same manner as provided in KRS 120.075, 16
and all of the provisions of that[which] statute shall apply[be applicable]. 17
(3) If a proceeding for recount is requested[asked] and prosecuted in a contest 18
proceeding, the recount[it] shall not await the preparation or trial of the contest in 19
the Circuit Court or in the Court of Appeals. The action of the courts shall be final[, 20
concluding the parties] as to the question of a recount of the ballots, and certificates 21
shall then be issued to the parties entitled thereto. 22
Section 2. KRS 120.195 is amended to read as follows: 23
(1) No application to contest the election of a Governor, Lieutenant Governor, or 24
member of the General Assembly shall be heard unless written notice, signed by the 25
party contesting, is given. The notice shall state the grounds of the contest, and none 26
other shall afterwards be heard as coming from that party, but the contestee may 27

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make defense without giving counternotice. A request for a recount of the votes 1
cast in any election of a member of the General Assembly shall not be grounds 2
for filing an election contest, and no recount other than as provided under 3
Section 1 of this Act shall be authorized or undertaken at any time in any contest 4
proceeding. 5
(2) In the case of the Governor or Lieutenant Governor, the notice shall be given within 6
thirty (30) days after the final action of the State Board of Elections. In the case of a 7
member of the General Assembly, the notice shall be given within fifteen (15) days 8
after the final action of the county board of elections or the State Board of 9
Elections, whichever canvasses the returns. 10
(3) Immediately after the notice, either party may proceed to take proof by depositions, 11
under the same rules and regulations that govern the taki