Kentucky 2020 Regular Session Status: Passed House

HB 4 — AN ACT relating to elections and making an appropriation therefor.

Last action — returned to State & Local Government (S)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

40 added · 40 removed

40 line(s) added, 40 removed.

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UNOFFICIAL COPY 20 RS BR 1239 AN ACT relating to elections and making an appropriation therefor.
UNOFFICIAL COPY 20 RS HB 4/GA AN ACT relating to elections and making an appropriation therefor.
The voting equipment shall remain continuously locked, and the ballot boxes containing all Page 1 of 20 BR123900.100 - 1239 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1239 paper ballots shall remain continuously locked as required by Section 9 of this Act until the time set for the recount.
The voting equipment shall remain continuously locked, and the ballot boxes containing all Page 1 of 20 HB000410.100 - 1239 - XXXX GA UNOFFICIAL COPY 20 RS HB 4/GA paper ballots shall remain continuously locked as required by Section 9 of this Act until the time set for the recount.
and (b) The candidate may initiate an election contest, but no request for an Page 2 of 20 BR123900.100 - 1239 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1239 additional recount shall be considered prior to the completion of the certification of the vote under subsection (7) of this section.
and (b) The candidate may initiate an election contest, but no request for an Page 2 of 20 HB000410.100 - 1239 - XXXX GA UNOFFICIAL COPY 20 RS HB 4/GA additional recount shall be considered prior to the completion of the certification of the vote under subsection (7) of this section.
(c) Any candidate under this subsection who would receive a certificate of election from the county board of elections under KRS 118.425 shall file his Page 3 of 20 BR123900.100 - 1239 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1239 or her petition requesting a recount not later than ten (10) days after the day of the election.
(c) Any candidate under this subsection who would receive a certificate of election from the county board of elections under KRS 118.425 shall file his Page 3 of 20 HB000410.100 - 1239 - XXXX GA UNOFFICIAL COPY 20 RS HB 4/GA or her petition requesting a recount not later than ten (10) days after the day of the election.
Page 4 of 20 BR123900.100 - 1239 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1239 (g) At the recount, each political party represented on the county board of elections may appoint a representative to be present, and each candidate subject to the recount may be present, either in person or by a representative, or both.
Page 4 of 20 HB000410.100 - 1239 - XXXX GA UNOFFICIAL COPY 20 RS HB 4/GA (g) At the recount, each political party represented on the county board of elections may appoint a representative to be present, and each candidate subject to the recount may be present, either in person or by a representative, or both.
The action of the courts shall be final[, concluding the parties] as to the question of a recount of Page 5 of 20 BR123900.100 - 1239 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1239 the ballots under this subsection, and certificates shall then be issued to the parties entitled thereto.
The action of the courts shall be final[, concluding the parties] as to the question of a recount of Page 5 of 20 HB000410.100 - 1239 - XXXX GA UNOFFICIAL COPY 20 RS HB 4/GA the ballots under this subsection, and certificates shall then be issued to the parties entitled thereto.
however, any party aggrieved by the findings or action of the court may file a petition for contest to the General Assembly under Section 4 of this Act, and the Page 6 of 20 BR123900.100 - 1239 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1239 General Assembly may accept, modify, or disregard the findings of the court in its sole and absolute discretion.
however, any party aggrieved by the findings or action of the court may file a petition for contest to the General Assembly under Section 4 of this Act, and the Page 6 of 20 HB000410.100 - 1239 - XXXX GA UNOFFICIAL COPY 20 RS HB 4/GA General Assembly may accept, modify, or disregard the findings of the court in its sole and absolute discretion.
(e) No certificate of election shall be issued by the State Board of Elections Page 7 of 20 BR123900.100 - 1239 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1239 while any recount proceeding or contest proceeding is pending, and if issued before entry of the findings described in subsection (1)(j) of this section shall be null and void.
(e) No certificate of election shall be issued by the State Board of Elections Page 7 of 20 HB000410.100 - 1239 - XXXX GA UNOFFICIAL COPY 20 RS HB 4/GA while any recount proceeding or contest proceeding is pending, and if issued before entry of the findings described in subsection (1)(j) of this section shall be null and void.
Be filed not later than fifteen (15) days following entry of the findings Page 8 of 20 BR123900.100 - 1239 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1239 entered by the Circuit Court as provided in subsection (3) of Section 3 of this Act if a recount was conducted;
Be filed not later than fifteen (15) days following entry of the findings Page 8 of 20 HB000410.100 - 1239 - XXXX GA UNOFFICIAL COPY 20 RS HB 4/GA entered by the Circuit Court as provided in subsection (3) of Section 3 of this Act if a recount was conducted;
In the case of a member of the General Assembly, the notice shall be given within fifteen (15) days after the final action of the county board of elections or the State Board of Page 9 of 20 BR123900.100 - 1239 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1239 Elections, whichever canvasses the returns].
In the case of a member of the General Assembly, the notice shall be given within fifteen (15) days after the final action of the county board of elections or the State Board of Page 9 of 20 HB000410.100 - 1239 - XXXX GA UNOFFICIAL COPY 20 RS HB 4/GA Elections, whichever canvasses the returns].
(1) On the third day after the organization of the General Assembly that meets next after the election, the Senate shall select three (3) of its members as provided in Page 10 of 20 BR123900.100 - 1239 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1239 subsection (2) of this section, and the House of Representatives shall select eight (8) of its members as provided in subsection (2) of this section, and the eleven (11) so selected shall constitute a board to try the contest, seven (7) of whom shall constitute a quorum.
(1) On the third day after the organization of the General Assembly that meets next after the election, the Senate shall select three (3) of its members as provided in Page 10 of 20 HB000410.100 - 1239 - XXXX GA UNOFFICIAL COPY 20 RS HB 4/GA subsection (2) of this section, and the House of Representatives shall select eight (8) of its members as provided in subsection (2) of this section, and the eleven (11) so selected shall constitute a board to try the contest, seven (7) of whom shall constitute a quorum.
If any member of the board Page 11 of 20 BR123900.100 - 1239 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1239 willfully fails to attend its sessions, that member [he] shall be reported to the house to which he or she belongs, and that house shall then[thereupon], in its discretion, punish that member[him] by fine or imprisonment, or both.
If any member of the board Page 11 of 20 HB000410.100 - 1239 - XXXX GA UNOFFICIAL COPY 20 RS HB 4/GA willfully fails to attend its sessions, that member [he] shall be reported to the house to which he or she belongs, and that house shall then[thereupon], in its discretion, punish that member[him] by fine or imprisonment, or both.
Page 12 of 20 BR123900.100 - 1239 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1239 (10) If a slate of candidates[person] other than the one returned is found to have received the highest number of legal votes cast[given], that slate[he] shall be adjudged by the General Assembly to be the persons[person] elected and entitled to the offices[office].
Page 12 of 20 HB000410.100 - 1239 - XXXX GA UNOFFICIAL COPY 20 RS HB 4/GA (10) If a slate of candidates[person] other than the one returned is found to have received the highest number of legal votes cast[given], that slate[he] shall be adjudged by the General Assembly to be the persons[person] elected and entitled to the offices[office].
Page 13 of 20 BR123900.100 - 1239 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1239 (2) The number of members required for the board shall be determined by the presiding officer of the house to which the person filing the contest belongs or seeks to be a member, and announced to the house prior to the selection of any member of the board, a majority of whom shall constitute a quorum.
Page 13 of 20 HB000410.100 - 1239 - XXXX GA UNOFFICIAL COPY 20 RS HB 4/GA (2) The number of members required for the board shall be determined by the presiding officer of the house to which the person filing the contest belongs or seeks to be a member, and announced to the house prior to the selection of any member of the board, a majority of whom shall constitute a quorum.
All voting equipment, ballots, boxes, precinct rosters, and other voting records sent for by the board shall be sealed, to the extent Page 14 of 20 BR123900.100 - 1239 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1239 possible, and transmitted in a tamper-resistant manner.
All voting equipment, ballots, boxes, precinct rosters, and other voting records sent for by the board shall be sealed, to the extent Page 14 of 20 HB000410.100 - 1239 - XXXX GA UNOFFICIAL COPY 20 RS HB 4/GA possible, and transmitted in a tamper-resistant manner.
(9) If it appears the candidates have received an equal number of legal votes cast, the Page 15 of 20 BR123900.100 - 1239 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1239 right to the office shall be determined by lot, in the manner prescribed by the board, and under the direction of the board.
(9) If it appears the candidates have received an equal number of legal votes cast, the Page 15 of 20 HB000410.100 - 1239 - XXXX GA UNOFFICIAL COPY 20 RS HB 4/GA right to the office shall be determined by lot, in the manner prescribed by the board, and under the direction of the board.
Page 16 of 20 BR123900.100 - 1239 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1239 (14) No decision shall be made but by the vote of a majority of the members of the board.
Page 16 of 20 HB000410.100 - 1239 - XXXX GA UNOFFICIAL COPY 20 RS HB 4/GA (14) No decision shall be made but by the vote of a majority of the members of the board.
(4) Any candidate who would have been qualified to bring a contest action under this section, who is a party to a requested recount proceeding under subsection (1) of Section 3 of this Act[KRS 120.185], may, by filing answer in the recount Page 17 of 20 BR123900.100 - 1239 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1239 proceeding within the time allowed by this section for filing grounds of contest, set forth grounds of contest against the petitioner in the recount proceeding.
(4) Any candidate who would have been qualified to bring a contest action under this section, who is a party to a requested recount proceeding under subsection (1) of Section 3 of this Act[KRS 120.185], may, by filing answer in the recount Page 17 of 20 HB000410.100 - 1239 - XXXX GA UNOFFICIAL COPY 20 RS HB 4/GA proceeding within the time allowed by this section for filing grounds of contest, set forth grounds of contest against the petitioner in the recount proceeding.
Upon filing of the action, the circuit clerk shall immediately notify the Circuit Judge, and the judge shall at once enter an order directing custody of the voting equipment[machine], the ballots, boxes, and all papers pertaining to the primary or election from that precinct claiming error, to be transferred to the Circuit Court, and fix a day for the recount Page 18 of 20 BR123900.100 - 1239 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1239 proceeding to begin.
Upon filing of the action, the circuit clerk shall immediately notify the Circuit Judge, and the judge shall at once enter an order directing custody of the voting equipment[machine], the ballots, boxes, and all papers pertaining to the primary or election from that precinct claiming error, to be transferred to the Circuit Court, and fix a day for the recount Page 18 of 20 HB000410.100 - 1239 - XXXX GA UNOFFICIAL COPY 20 RS HB 4/GA proceeding to begin.
or[, ] (c) As required to conduct a recount under Section 1 of this Act.[and ] All the data and figures shall be examined by the court, judge, county board of Page 19 of 20 BR123900.100 - 1239 - XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1239 elections, State Board of Elections, or committee in the presence of the officer having the custody of the voting equipment[machine] and ballot boxes.
or[, ] (c) As required to conduct a recount under Section 1 of this Act.[and ] All the data and figures shall be examined by the court, judge, county board of Page 19 of 20 HB000410.100 - 1239 - XXXX GA UNOFFICIAL COPY 20 RS HB 4/GA elections, State Board of Elections, or committee in the presence of the officer having the custody of the voting equipment[machine] and ballot boxes.
Page 20 of 20 BR123900.100 - 1239 - XXXX Jacketed
Page 20 of 20 HB000410.100 - 1239 - XXXX GA
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Action History

  1. returned to State & Local Government (S)

  2. 2nd reading

  3. taken from State & Local Government (S)

  4. to State & Local Government (S)

  5. returned to Committee on Committees (S)

  6. 1st reading

  7. taken from Committee on Committees (S)

  8. received in Senate

  9. 3rd reading, passed 82-2

  10. posted for passage in the Consent Orders of the Day for Thursday, March 19, 2020

  11. 2nd reading, to Rules

  12. reported favorably, 1st reading, to Calendar

  13. posted in committee

  14. to Elections, Const. Amendments & Intergovernmental Affairs (H)

  15. introduced in House

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 138 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (138)

138 members have not signed on to this bill.

Show all 138 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

FOR CONSENT

Passed 82 Yea · 2 Nay · 16 Other
Party YeaNayPresentNot Voting
Republican 30001
Unaffiliated 462014
Democrat 6001
Total 822016
% of votes cast 82%2%0%16%
How each member voted (100)
Member Party Vote
Jenkins — Yea
Scott — Yea
Bechler — Yea
Minter — Yea
Sheldon — Yea
Bentley — Yea
Sorolis — Yea
Glenn — Yea
Koenig — Yea
Nemes — Yea
Goforth — Yea
Stone — Yea
Booker — Yea
Lee — Yea
Graham — Yea
Lewis D — Yea
Pratt — Yea
Branham Clark — Yea
Graviss — Yea
Lewis S — Yea
Prunty — Yea
Thomas — Yea
Brenda — Yea
Harris — Yea
Massey — Yea
Webber — Yea
Cantrell — Yea
Hatton — Yea
McCoy — Yea
Rothenburger — Yea
Wheatley — Yea
Heath — Yea
Rowland — Yea
DuPlessis — Yea
Meredith — Yea
Wiederstein — Yea
Hinkle — Yea
Meyer — Yea
Santoro — Yea
Fischer — Yea
Schamore — Yea
Yates — Yea
Frazier — Yea
Huff T — Yea
Brown G — Nay
Howard — Nay
Burch — Not Voting
Flood — Not Voting
Meeks — Not Voting
Rand — Not Voting
Stewart — Not Voting
Carney — Not Voting
Hoover — Not Voting
Raymond — Not Voting
Turner — Not Voting
Donohue — Not Voting
Palumbo — Not Voting
Sims — Not Voting
Westrom — Not Voting
Huff R — Yea
Miller C — Not Voting
Miller J — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Not Voting
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
Daniel Elliott Republican Not Voting
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Greg Elkins Republican Yea
James Tipton Republican Yea
Jason Petrie Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Matthew Koch Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Randy Bridges Republican Yea
Richard White Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea

Official roll call →

Subjects

elections
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

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This bill died with 2020 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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