AN ACT relating to elections.

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AN ACT relating to elections. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 118.425 is amended to read as follows: 3
(1) The State Board of Elections shall issue certificates of election where the successful 4
candidate was voted for by the state at large, was voted for by a district greater than 5
one (1) county, or was a candi date for member of Congress or the General 6
Assembly. 7
(2) Except as provided in subsection (3) of this section, not later than the second 8
Monday after the election, the county board of elections shall issue certificates of 9
election where the successful cand idate was voted for by the electors of one (1) 10
county, or of a district less than one (1) county, except members of Congress, 11
members of the General Assembly, and designated officers filing with the Secretary 12
of State. The right to contest or recount an el ection in accordance with KRS 13
Chapter 120 shall not be impaired. The county board of elections of the candidate's 14
residence shall issue certificates of election where the successful candidate was 15
voted for by the electors of a city or school district whose boundaries extend 16
beyond those of a single county. The board shall forward the certificate to the 17
elected candidate. If the board finds that two (2) or more candidates have received 18
the highest and equal number of votes for the same office, the board shall determine 19
by lot which of the candidates is elected. 20
(3) In counties containing cities of the first class, not later than the thirtieth day of 21
December after the election, the county board of elections shall issue certificates of 22
election where the successful candidate was voted for by the electors of the county, 23
except members of Congress, members of the General Assembly, and designated 24
officers filing with the Secretary of State. The right to contest or recount an election 25
in accordance with KRS Chapter 120 shall not be impaired. The county board of 26
elections of the candidate's residence shall issue certificates of election where the 27
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successful candidate was voted for by the electors of a city whose boundaries 1
extend beyond those of a single county. The board shall forward the certificate to 2
the elected candidate. If the board finds that two (2) or more candidates have 3
received the highest and equal number of votes for the same office, the board shall 4
determine by lot which of the candidates is elected. 5
(4) In the case of all offices voted for, and in the case of public questions submitted to 6
the vote of the people of the state at large or of a district greater than one (1) 7
county, the county board of elections shall make out duplicate certificates of the 8
total number of votes received by each of the candidates for the office and the total 9
number of votes for and against each of the questions on a form prescribed by the 10
State Board of Elections through the promulgation of administrative regulations in 11
accordance with KRS Chapter 13A. The certificate of the total number of votes 12
shall be certified to the Secretary of State's Office following the conclusion of the 13
hand-to-eye audit established in KRS 117.383 and not later than 12 p.m., prevailing 14
time, on the Tuesday following all elections. The clerk shall keep one (1) of the 15
certificates in his or her office. He or she shall not later than three (3) days after 16
receiving the certificate from the board, forward the other certificate by mail to the 17
Secretary of State who shall deliver it to the State Board of Elections. 18
(5) The State Board of Elections shall meet, to count and tabulate the votes received by 19
the different candidates as certified to the Secretary of State no later than the third 20
Monday after the election. The right to contest or recount an election in accordanc e 21
with KRS Chapter 120 shall not be impaired. A majority of the members of the 22
board shall constitute a quorum and may act. The board shall make out the 23
certificates of election in the office of the board from the returns made. The board 24
shall make out duplicate certificates of election, in writing, over the signatures of its 25
members. The board shall forward the original certificate, by mail, to the elected 26
candidate. The duplicate shall be retained in the office of the board. In the case of 27
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the election of a representative in Congress, an additional certificate shall be made 1
and sent, by mail, to the clerk of the House of Representatives. 2
(6) The certificate of election shall be issued to the candidate receiving the highest 3
number of votes in the territory from which the election is to be made. If two (2) or 4
more persons are found to have received the highest and an equal number of votes 5
for the same office, the election shall be determined by lot in the manner the board 6
directs, in the presence of not less than three (3) other persons. 7
(7) In the case of elections for electors of President and Vice President of the United 8
States that this state is entitled to elect:[,] 9
(a) The board shall issue certificates[a certificate] of election to two (2) 10
electors[each elector] of the political party or organization whose candidates 11
for President and Vice President received the highest number of votes by the 12
state at large; and 13
(b) The board shall issue the remaining certificates of election of this state to 14
electors o f a political party or organization proportionally based on the 15
share of the total statewide popular vote received by that political party or 16
organization's candidate for President and Vice President as follows: 17
1. To qualify for issuance of certificates of election to the electors of their 18
political party or organization, candidates for President and Vice 19
President shall receive at least ten percent (10%) of the statewide 20
popular vote as determined by the Secretary of State. Those political 21
parties or orga nizations whose candidates for President and Vice 22
President do not receive at least ten percent (10%) of the statewide 23
popular vote as determined by the Secretary of State are ineligible and 24
shall not receive certificates of election to their electors; 25
2. The Secretary of State shall determine and certify the percentage of 26
the statewide popular vote received by each qualifying pair of 27
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candidates for President and Vice President; 1
3. The total number of remaining certificates of election that this state is 2
entitled to issue shall be multiplied by the percentages of the vote 3
determined by the Secretary of State under subparagraph 2. of this 4
paragraph. Each political party or organization shall first be issued a 5
number of certificates of election to electors equ al to the whole 6
number portion of that calculation; and 7
4. If any certificates of election remain unissued after distribution of the 8
whole number portion pursuant to subparagraph 3. of this paragraph, 9
the remaining certificates of election shall be awarded one (1) at a 10
time to the electors of the political party or organization with the 11
largest fractional remainders, in descending order, until all 12
certificates of election are issued [ the determination by the board that 13
the candidates of any political party or organization for President and 14
Vice President have received the highest number of votes shall 15
constitute a determination that the electors nominated by that party have 16
been elected]. 17