State Summary

Kentucky provides for automatic recounts of specific offices when there is a margin of 0.5% or less. Recount timing depends on the office in question. (See list of relevant contests and discussion of timing under “Close Vote Margin Options.”) Candidates and voters may both petition for recounts in contests outside the close vote margin. Election officials may also initiate a recount by filing an action with the Circuit Court requesting a recount in the case of errors discovered in the vote tabulation. The deadlines for these petitions vary. Recounts are conducted by retabulation.

Counting Method

Retabulation only

Emergency regulation 31 Ky. Admin. Regs. 4:220E, § 9 details how voting equipment is used to rescan ballots as part of the recount.

Initiating Mechanisms

Close vote margin
Candidate-initiated
Voter-initiated
Election official-initiated

Election Official-Initiated Recounts:
If precinct election officers report to the county clerk errors discovered in the process of conducting the polling or tabulation of votes, the clerk must file an action with the Circuit Court requesting a recount. Ky. Rev. Stat. § 120.017. Note that “the court may determine if an automatic recount conducted under KRS 120.157 satisfies the recount required under this section.” Ky. Rev. Stat. § 120.017(8).

Timing: The county clerk is required to file an action in Circuit Court within 15 days of the election. Ky. Rev. Stat. § 120.017(2).

Close Vote Margin Options

Less than or equal to 0.5%
Initiated automatically

A recount is required when a candidate is defeated by a margin of 0.5% or less in a regular or special election for 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. Ky. Rev. Stat. § 120.157.

Timing: Ky. Rev. Stat. § 120.157(2). For the offices of Governor and Lieutenant Governor, the recount must commence by the Tuesday following the election and must be completed within 14 days, Sundays excluded. For all other eligible contests, the recount must begin by the second Tuesday following the election and must be completed within 14 days, Sundays excluded.

Candidate-Initiated Options

Contested election
Specific offices only

For primary elections, any candidate or slate of candidates may request a recount. Ky. Rev. Stat. § 120.095. Candidates may also contest a primary election in court, and in their petition to the court they may include a request for a recount. However, in order to contest a primary election, a candidate or slate of candidates must have earned at least 50% “of the votes cast for the successful candidate or slate of candidates for nomination to the office….” Ky. Rev. Stat. § 120.055.

For general elections, Ky. Rev. Stat. § 120.185 details the process by which candidates for a number of different offices may request a recount. Any candidate or slate of candidates for state, county, district or city office, who received at least 25% “of the number of votes cast for the successful candidate for the office” may file a petition for an election contest. Ky. Rev. Stat. § 120.155. Some offices are excluded from this election contest provision including the offices of Governor, Lieutenant Governor, member of the General Assembly, and those city offices as to which there are other provisions made by law for determining contested elections.

Candidates may also make a written request for a recanvass. A recanvass may involve a comparison of poll tapes from voting machines, or if ballots were hand counted on election day, a manual recounting of those ballots. 31 Ky. Admin. Regs. 4:071 § 4. See also Ky. Rev. Stat. § 117.305.

Timing: Ky. Rev. Stat. §§ 120.095 and 120.185. Note that Ky. Rev. Stat. § 120.185(2)(b) requires that recounts of the office of Governor and Lieutenant Governor must be completed within 14 days of the recount’s start, Sundays excluded.

Voter-Initiated Options

Voters may request recounts for initiatives/questions

Any voter “who was qualified to and did vote on any public question other than a constitutional amendment or question of local option under KRS 242” may petition for a recount. The petition must state the grounds for requesting a recount. Ky. Rev. Stat. § 120.250. See Ky. Rev. Stat. § 120.280 for information about recounts for constitutional conventions, constitutional amendments, and statewide public questions.

Voters may also request recounts for Kentucky’s “local option” elections. Ky. Rev. Stat. § 242.120.

Timing: Ky. Rev. Stat. §§ 120.250 and 242.120.

Cost for Candidate-Initiated Recounts

Paid entirely by initiator

Candidates must execute a bond before the recount for all costs associated with the recount and in an amount to be determined by the Circuit Judge. Ky. Rev. Stat. §§ 120.095 and 120.185.

Cost for Voter-Initiated Recounts

Paid entirely by initiator

For recounts under Ky. Rev. Stat. § 120.250, contestants must provide a bond for the costs associated with the recount. See also the costs for recounts under Ky. Rev. Stat. § 120.280

Challengers and Observers

Party/candidate/initiator may appoint observers, no guidance on challengers

For recounts initiated by voters under Ky. Rev. Stat. § 120.250, two commissioners are appointed by the court to assist in the recount; one shall represent the contestant and one the contestee. Petitioners may also have an attorney present during the recount proceedings. Ky. Rev. Stat. § 120.260.

For recounts initiated by voters under Ky. Rev. Stat. § 120.280, the attorneys representing the contestant and the Commonwealth's attorney representing the contestee may be present at all hearings on the recount. The contestant and contestee shall each be entitled to appoint one inspector, who shall be allowed to witness the recount. Ky. Rev. Stat. § 120.290.

Ky. Rev. Stat. § 120.185 allows candidates to be present at a recount or to elect a representative at the recount. Each political party represented on the county board of elections may appoint a representative to be present at the recount. Representatives of the news media are also authorized to observe the recount.

At a recanvass, “each political party represented on the board may appoint a representative there to be its governing body, and also each candidate to be voted for may be present, either in person or by a representative or both.” Ky. Rev. Stat. § 117.305.

We found no requirements that recounts be conducted publicly.

Rules for Determining Voter Intent

Kentucky Administrative Regulations contain definitions of a valid vote. 31 Ky. Admin. Regs. 6:030.

Resources

Ky. Rev. Stat. § 117.305
Ky. Rev. Stat. § 120.017
Ky. Rev. Stat. § 120.095
Ky. Rev. Stat. § 120.155
Ky. Rev. Stat. § 120.157
Ky. Rev. Stat. § 120.185
Ky. Rev. Stat. § 120.250
Ky. Rev. Stat. § 120.260
Ky. Rev. Stat. § 120.280
Ky. Rev. Stat. § 120.290
Ky. Rev. Stat. § 242.120
31 Ky. Admin. Regs. 4:071
31 Ky. Admin. Regs. 4:220E
31 Ky. Admin. Regs. 6:030

Additional Resources

Kentucky Revised Statutes - see Title X - Elections
Kentucky State Board of Elections
Kentucky Secretary of State
Kentucky Administrative Regulations, Title 31