SB 276

UNOFFICIAL COPY  26 RS BR 2287
1AN ACT relating to elections.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3Section 1. KRS 118.425 is amended to read as follows:
4 (1)    The State Board of Elections shall issue certificates of election where the successful
5candidate was voted for by the state at large, was voted for by a district greater than
6one (1) county, or was a candidate for member of Congress or the General
7Assembly.
8 (2)    Except as provided in subsection (3) of this section, not later than the second
9Monday after the election, the county board of elections shall issue certificates of
10election where the successful candidate was voted for by the electors of one (1)
11county, or of a district less than one (1) county, except members of Congress,
12members of the General Assembly, and designated officers filing with the Secretary
13of State. The right to contest or recount an election in accordance with KRS
14Chapter 120 shall not be impaired. The county board of elections of the candidate's
15residence shall issue certificates of election where the successful candidate was
16voted for by the electors of a city or school district whose boundaries extend
17beyond those of a single county. The board shall forward the certificate to the
18elected candidate. If the board finds that two (2) or more candidates have received
19the highest and equal number of votes for the same office, the board shall determine
20by lot which of the candidates is elected.
21 (3)    In counties containing cities of the first class, not later than the thirtieth day of
22December after the election, the county board of elections shall issue certificates of
23election where the successful candidate was voted for by the electors of the county,
24except members of Congress, members of the General Assembly, and designated
25officers filing with the Secretary of State. The right to contest or recount an election
26in accordance with KRS Chapter 120 shall not be impaired. The county board of
27elections of the candidate's residence shall issue certificates of election where the
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1successful candidate was voted for by the electors of a city whose boundaries
2extend beyond those of a single county. The board shall forward the certificate to
3the elected candidate. If the board finds that two (2) or more candidates have
4received the highest and equal number of votes for the same office, the board shall
5determine by lot which of the candidates is elected.
6 (4)    In the case of all offices voted for, and in the case of public questions submitted to
7the vote of the people of the state at large or of a district greater than one (1)
8county, the county board of elections shall make out duplicate certificates of the
9total number of votes received by each of the candidates for the office and the total
10number of votes for and against each of the questions on a form prescribed by the
11State Board of Elections through the promulgation of administrative regulations in
12accordance with KRS Chapter 13A. The certificate of the total number of votes
13shall be certified to the Secretary of State's Office following the conclusion of the
14hand-to-eye audit established in KRS 117.383 and not later than 12 p.m., prevailing
15time, on the Tuesday following all elections. The clerk shall keep one (1) of the
16certificates in his or her office. He or she shall not later than three (3) days after
17receiving the certificate from the board, forward the other certificate by mail to the
18Secretary of State who shall deliver it to the State Board of Elections.
19 (5)    The State Board of Elections shall meet, to count and tabulate the votes received by
20the different candidates as certified to the Secretary of State no later than the third
21Monday after the election. The right to contest or recount an election in accordance
22with KRS Chapter 120 shall not be impaired. A majority of the members of the
23board shall constitute a quorum and may act. The board shall make out the
24certificates of election in the office of the board from the returns made. The board
25shall make out duplicate certificates of election, in writing, over the signatures of its
26members. The board shall forward the original certificate, by mail, to the elected
27candidate. The duplicate shall be retained in the office of the board. In the case of
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1the election of a representative in Congress, an additional certificate shall be made
2and sent, by mail, to the clerk of the House of Representatives.
3 (6)    The certificate of election shall be issued to the candidate receiving the highest
4number of votes in the territory from which the election is to be made. If two (2) or
5more persons are found to have received the highest and an equal number of votes
6for the same office, the election shall be determined by lot in the manner the board
7directs, in the presence of not less than three (3) other persons.
8 (7)    In the case of elections for electors of President and Vice President of the United
9States that this state is entitled to elect:[,]
10(a)     The board shall issue certificates[a certificate] of election to two (2)
11electors[each elector] of the political party or organization whose candidates
12for President and Vice President received the highest number of votes by the
13state at large; and
14(b)     The board shall issue the remaining certificates of election of this state to
15electors of a political party or organization proportionally based on the
16share of the total statewide popular vote received by that political party or
17organization's candidate for President and Vice President as follows:
181.        To qualify for issuance of certificates of election to the electors of their
19political party or organization, candidates for President and Vice
20President shall receive at least ten percent (10%) of the statewide
21popular vote as determined by the Secretary of State. Those political
22parties or organizations whose candidates for President and Vice
23President do not receive at least ten percent (10%) of the statewide
24popular vote as determined by the Secretary of State are ineligible and
25shall not receive certificates of election to their electors;
262.        The Secretary of State shall determine and certify the percentage of
27the statewide popular vote received by each qualifying pair of
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1candidates for President and Vice President;
23.        The total number of remaining certificates of election that this state is
3entitled to issue shall be multiplied by the percentages of the vote
4determined by the Secretary of State under subparagraph 2. of this
5paragraph. Each political party or organization shall first be issued a
6number of certificates of election to electors equal to the whole
7number portion of that calculation; and
84.        If any certificates of election remain unissued after distribution of the
9whole number portion pursuant to subparagraph 3. of this paragraph,
10the remaining certificates of election shall be awarded one (1) at a
11time to the electors of the political party or organization with the
12largest fractional remainders, in descending order, until all
13certificates of election are issued[ the determination by the board that
14the candidates of any political party or organization for President and
15Vice President have received the highest number of votes shall
16constitute a determination that the electors nominated by that party have
17been elected].
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