Recount laws in Kentucky

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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 the margin is less than 0.5% of total ballots cast for the following offices: General Assembly, U.S. congress, governor/lieutenant governor, treasurer, auditor of public accounts, commissioner of agriculture, labor and statistics, secretary of state, and attorney general. Automatic recounts may also be triggered when an election official discovers an administrative or clerical error during the election and vote-counting process.
  • When must an automatic recount be completed?
    • The deadline to complete a recount is no later than 14 days after commencement of the recount, which must occur by 9 a.m. on the Tuesday following the election. There is no set deadline for automatic recounts triggered by administrative or clerical errors.
  • 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. For all other public questions on the ballot, voters can request a recount within 30 days of the election. 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

Kentucky requires automatic recounts under the following conditions:

“

In any regular election or special election for any member of the General Assembly, the United States Senate or the United States House of Representatives, Governor and Lieutenant Governor, Treasurer, Auditor of Public Accounts, Commissioner of Agriculture, Labor and Statistics, Secretary of State, and Attorney General, a recount of the vote shall be required when a candidate is defeated by a margin of not more than one-half of one percent (0.5%) of the votes cast for the office.[2]

”
—Kentucky Revised Statues § 120.157

Additionally, 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.[3]

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.[4] 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.[5]

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.[6] Additionally, any voter who was qualified to vote and did vote on any other public question may request a recount within 30 days of the election.[7]

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 ballots and ballot marking devices for its elections.[8]

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.

As of July 2024, state law in 48 states included a recount provision, automatic recounts are possible in 27 states, and requested recounts are possible in 43 states.


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.

As of July 2024, the requester of a recount pays for the recount in 23 states, the state pays in six states, and in 12 states it depends on the circumstances of the election or the recount. In 27 states a refund may be available for a requested recount, in 12 states a refund depends on the circumstances of the recount, and in four states no refund is available. Requested recounts are not possible in the remaining seven states. In 28 states a partial recount may be requested.


State legislation

The table below lists bills related to recounts introduced during, or carried over to each Kentucky's regular legislative session this year. The following information is included for each bill:

  • State
  • Bill number
  • Official name or caption
  • Most recent action date
  • Legislative status
  • Topics dealt with by the bill

Bills are organized alphabetically, first by state and then by bill number. The table displays up to 100 results by default. To view additional results, use the arrows in the upper-right corner of the table. For more information about a particular bill, simply click the bill number. This will open a separate page with additional information.


See also

Footnotes

  1. ↑ Kentucky State Legislature, "120.017,095,185,250,280," accessed April 10, 2024
  2. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ Kentucky State Legislature, "120.017," accessed April 10, 2024
  4. ↑ In these latter cases, candidates may contest an election outcome, which is a separate process but could include a recount.
  5. ↑ Kentucky State Legislature, "120.185," accessed April 10, 2024
  6. ↑ Kentucky State Legislature, "120.280," accessed April 10, 2024
  7. ↑ Kentucky State Legislature, "120.250," accessed April 10, 2024
  8. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed April 10, 2024
  9. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed March 19, 2024
  10. ↑ A court may order a recount under Arizona law.
  11. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  12. ↑ 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.
  13. ↑ 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.
  14. ↑ 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.
  15. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  16. ↑ 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.
  17. ↑ No mention in state law.
  18. ↑ No mention in state law.
  19. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts of ballot measures.
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