Title 031 | Chapter 004 | Regulation 230REG


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STATE BOARD OF ELECTIONS
(Amended at ARRS Committee)

31 KAR 4:230.Post-election audit procedures.

Section 1.

Definitions.

(1)

"Ballot" is defined by KRS 117.001(3).

(2)

"Ballot boxboxes" is defined by KRS 117.001(4).

(3)

"Ballot scanner" or "scanner" has the same definition as "automatic tabulating equipment" as defined byin KRS 117.001(2).

(4)

"Designated marking area" means the area in the near vicinity of the area containing the oval, box, or space designating a candidate on a ballot.

(5)

"Election" is defined byin KRS 117.001(6).

(6)

"Electronic or paper sign-in records" means the records contained in the signed voter rosters establisheddescribed in KRS 117.025 and in Form SBE 25, "Supplemental Precinct Signature Roster".

(7)

"Hand-to-eye recount" means the procedures establishedfound in KRS 117.383(8).

(8)

"Poll worker" means the same as "precinct election officer" defined byas found in KRS 117.045.

(9)

"Race" means a single decision or set of associated decisions being put before voters for candidates to elected office.

(10)

"Register tape" means the return sheets establisheddescribed in KRS 117.275.

(11)

"Vote tallying equipment" has the same definition as "automatic tabulating equipment" as defined byin KRS 117.001(2).

(12)

"Voter intent" is defined through the uniform definition of a vote found in 31 KAR 6:030.

Section 2.

Post-election Hand-to-eye Recount.

(1)

Following all elections for office in the Commonwealth there shall be a hand-to-eye recount of ballots, during which poll workers shall hand-tally ballots cast in the election on a Form SBE 90, "Post-election Hand-to-eye Recount Tally Sheet.".

(2)

Determinations and findings made by a County Board of Elections following the hand-to-eye recount shall be recorded on a Form SBE 91, "Determinations and Findings Following Hand-to-eye Recount", for reporting to the Attorney General and Secretary of State. IfShould a term used in KRS 117.383(8) is not be defined in this administrative regulation or in the procedures establishedfound in KRS 117.383(8), the term shallis to be defined either through KRS 446.010 or by a vote of the County Board of Elections.

Section 3.

Incorporation by Reference.

(1)

The following material is incorporated by reference:

(a)

"Supplemental Precinct Signature Roster", Form SBE 25, 09/2020;

(b)

"Post-election Hand-to-eye Recount Tally Sheet", Form SBE 90, 12/202409/2024; and

(c)

"Determinations and Findings Following Hand-to-eye Recount", Form SBE 91, 12/202409/2024.

(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.

(3)

This material may also be obtained on the board's Web site at https://elect.ky.gov.

FILED WITH LRC: December 9, 2024
CONTACT PERSON: Taylor Brown, General Counsel, 140 Walnut Street, Frankfort, Kentucky 40601, phone (502) 782-9499, email TaylorA.Brown@ky.gov.

7-Year Expiration: 9/24/2031

Last Updated: 12/18/2024


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