Recount laws in Kentucky

From Ballotpedia
Jump to: navigation, search



Election Policy Logo.png
Election Information
Voting in 2023
Voter registration
Early voting
Absentee/mail-in voting
All-mail voting
Voter ID laws
State poll opening and closing times
Ballotpedia's Election Administration Legislation Tracker
Select a state from the menu below to learn more about its election administration.

An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.


Note: The content below describes recount procedures in Kentucky. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in Kentucky.[1]

  • Does state law require automatic recounts?
    • Yes, when an election official discovers an administrative or clerical error during the election and vote-counting process.
  • When must an automatic recount be completed?
    • No set deadline.
  • Can a recount be requested?
    • Yes, candidates can request a recount within 10 days after the election. Voters can request a recount of a constitutional convention or ballot measure election within 15 days after the official canvass. No margin is required and there is no set deadline for completion.
  • Who pays for a requested recount?
    • The requester.
  • Is a refund available for requested recount costs?
    • There is no refund mentioned in state law.
  • Can a partial recount be requested?
    • Yes.

Kentucky recount procedures

Automatic recount procedures

If an election official discovers an administrative or clerical error during the election and vote-counting process, he or she must report to the county clerk. The county clerk must then, within 15 days of the election, request a recount in the precinct(s) where the error was discovered.[1]

Requested recount procedures

In primary elections, any candidate may request a recount. In general elections, any candidate may request a recount, with the exception of candidates for the offices of governor, lieutenant governor, the General Assembly, and some municipal offices.[2] In both types of election, the requester is responsible for costs associated with the recount. State law does not mention any refunds of costs. Candidates requesting recounts must do so within 10 days after the election.[1]

Any voter who was qualified to vote and did vote on a constitutional convention or ballot measure may request a recount in those elections. The requester is responsible for costs associated with the recount. State law does not mention any refunds of costs. Voters requesting recounts must do so not more than 15 days after the official canvass.[1]

Kentucky does not specify a set deadline for the completion of any requested recount.

For more information about recount procedures in Kentucky, click here.

Kentucky voting equipment

See also: Voting methods and equipment by state

Kentucky uses paper and Direct Recording Electronic (DRE) ballot systems for its elections. The state does not require a voter-verified paper audit trail (VVPAT) when conducting elections. According to the National Academy of Sciences, a voter-verified paper audit trail "consists of physical paper records of voter ballots as voters have cast them on an electronic voting system. In the event that an election recount or audit is called for, the VVPAT provides a supporting record."[3][4]

50-state overview of recount laws

The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.


50-state overview of requested recounts

The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.


See also

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 Kentucky State Legislature, "120.095,185," accessed October 16, 2020
  2. ↑ In these latter cases, candidates may contest an election outcome, which is a separate process but could include a recount.
  3. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed August 1, 2018
  4. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  5. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  6. ↑ A court may order a recount under Arizona law.
  7. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  8. ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
  9. ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
  10. ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
  11. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  12. ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
  13. ↑ No mention in state law.
  14. ↑ No mention in state law.
  15. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
v • e
Ballotpedia's 2020 Election Help Desk
General informationHelp desk logo notext.png
Disputed results
Presidential election
Absentee and mail voting
Absentee/mail-in voting: Eligibility • Request deadlines • Request requirements • Return deadlines • Signature and witness requirements • Life cycle of an absentee/mail-in ballot • Processing, counting, and challenging ballots • When can states begin processing and counting ballots • What happens if I vote by mail and want to change my ballot at a later date? • What happens if someone votes by mail and then tries to vote in person? • How do states protect and verify absentee/mail-in ballots? • How do election workers match signatures? • Do absentee/mail-in ballots take longer to count than in-person ballots? • Are results reported on election night coming from in-person or absentee/mail-in votes? • Do states report how many mail-in/absentee ballots are outstanding on election night? • What happens if someone votes by mail-in ballot or absentee ballot and subsequently passes away before Election Day?
Analysis, 2016-2018 • Counted ballots, 2016-2018 • Rejected ballots, 2016-2018 • Uncalled races, 2018
Election results certification
Disputing election results
Transition
Other
Voting in 2020
v • e
Ballotpedia
About
Executive: Leslie Graves, President • Gwen Beattie, Chief Operating Officer • Ken Carbullido, Vice President of Election Product and Technology Strategy • Michelle Robinson, Senior Product Manager, Education & School Boards

Communications: Alison Graves • Carley Allensworth • Abigail Campbell • Sarah Groat • Erica Shumaker • Caitlin Vanden Boom
External Relations: Andrew Heath • Moira Delaney • Hannah Nelson
Operations: Meghann Olshefski • Amanda Herbert • Mandy Morris • Caroline Presnell • Kelly Rindfleisch
Policy: Caitlin Styrsky • Audrey Bayne • Molly Byrne • Jon Dunn • Jimmy McAllister • Annelise Reinwald
Research: Josh Altic
Tech: Matt Latourelle • Ryan Burch • Kirsten Corrao • Beth Dellea • Travis Eden • Tate Kamish • Margaret Kearney • Eric Lotto • Trevor Pollo • Joseph Sanchez

Contributors: Scott Rasmussen
Editorial
Retrieved from "https://ballotpedia.org/wiki/index.php?title=Recount_laws_in_Kentucky&oldid=9005620"