31 KAR 4:070. Recanvass procedures.
RELATES TO: KRS 117.305, 118.425
STATUTORY AUTHORITY: KRS 117.015(1)(a), 117.305(2), (3), (4)
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(2) requires the State Board of Elections to prescribe forms to be used by county boards of elections to report all recanvassed votes, KRS 117.305(3) requires that the board promulgate administrative regulations to set reporting standards for recanvass reports, and KRS 117.305(4) requires 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 form 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.
(2) 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.
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).
Section 3. If KRS 117.305(1) 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 election, 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.
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) "Recanvass of Official Count and Record of Elections Totals", SBE 49A, (November 2003 edition), is incorporated by reference.
(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. (18 Ky.R. 555; Am. 1320; eff. 11-1-91; 22 Ky.R. 1662; eff. 5-16-96; 27 Ky.R. 3129; 28 Ky.R. 66; eff. 7-16-2001; 32 Ky.R. 1315; 1608; eff. 3-31-06.)