State Summary

Effective July 2024, Kentucky statute provides for “the conducting and review of an election audit” (Ky. Rev. Stat. § 117.383(8)) as part of the official canvass. The audit consists of the random selection of one ballot scanner and one race tabulated by that scanner in each county across the Commonwealth (Ky. Rev. Stat. § 117.383(8)(a)).   

A working group was established by regulation to carry out a risk-limiting audit pilot program for the 2022 primary and general elections in six counties throughout the Commonwealth (31 Ky. Admin. Regs. 4:210). While the working groups recommendations were ultimately not implemented, the final report on the risk-limiting audit program, outlining methodology and findings, can be accessed here.  

Unless otherwise specified, statutory references are to Ky. Rev. Stat. § 117.383.

Voting Systems Used

Most Kentucky counties use hand-marked paper ballots and optical scanners, with ballot marking devices for accessibility. A few counties use ballot marking devices for all voters. For the most up to date information please visit Verified Voting’s Verifier.

For an explanation of the types of voting equipment used, click here.

Audit Comprehensiveness

The audit consists of the random selection of one ballot scanner and one race tabulated by that scanner in each county across the Commonwealth. A hand-count audit of the selected race will then be conducted by the respective county board of elections or its designee. (Ky. Rev. Stat. § 117.383(8)(a)). The statute does not specify whether mail and provisional ballots are included in the audit.

Transparency

The audit takes place during the canvass, and representatives from the news media may be present as well as representatives designated by political parties or candidates. Statute does not provide for public observation, nor for publication of the audit results. See Ky. Rev. Stat. § 117.275(9). The audit is recorded and may be streamed on the internet (Ky. Rev. Stat. § 117.383(8)(c)).

Audit Counting Method

Statute specifies that the audit is to be manual (hand-counted).

Type Of Audit Units

The audit samples one randomly selected ballot scanner from each county in the Commonwealth (Ky. Rev. Stat. § 117.383(8)(a)).

Contests & Issues Audited

The statute does not specify what contests are audited. One race is randomly selected for audit by the Secretary of State or a designee (Ky. Rev. Stat. § 117.383(8)(a)).

Addressing Discrepancies

In the case of a discrepancy, an election investigation will be opened. If the reason for the discrepancy cannot be identified, any findings shall be provided to the Attorney General and the Secretary of State (Ky. Rev. Stat. § 117.383(8)(f)).

For recount laws, see the Recount Law Database.

Timeline

The audit is to be conducted as part of the official canvass, but no other specific timing requirements are found in the statute.

Binding On Official Outcomes

The audit is conducted “as part of the official canvass.” Situations where contest results could be impacted by a discrepancy found during the audit must be reported to the Attorney General and the Secretary of State (Ky. Rev. Stat. § 117.383(8)(f)).

Oversight & Conduct

The State Board of Elections oversees the audit while the manual count is conducted by county officials as part of the canvass.

Ballot Protection

Kentucky administrative regulations establish procedures for maintaining security in the election process. See 31 Ky. Admin. Regs. 6:040. For more information on chain of custody of voting equipment and ballots see also Ky. Rev. Stat. Ann. § 117.275.

Additional Targeted Samples

Statute does not provide for targeted samples as part of the audit. However, any precinct or set of precincts may be re-canvassed if the county clerk or county board of elections “takes notice of a discrepancy in the tally of votes.” A recanvass is also authorized upon a written request by a candidate, if “the difference between the number of votes received by the requesting candidate and the number of votes received by any other candidate or candidates for the same office is less than one percent (1%) of the total votes which were cast for such office.” The re-canvass is described as comprising “the voting equipment, valid federal provisional ballots, valid federal provisional absentee ballots, and absentee ballots”; the statute does not explicitly authorize hand-marked ballots cast in polling places to be manually examined. Ky. Rev. Stat. § 117.305.

Resources

Ky. Rev. Stat. § 117.383: Audit statute

1 Ky. Admin. Regs. 4:210: Risk-limiting audit pilot program

Last updated: September 17, 2024