117.055 Division of county into precincts -- Maps -- Failure of board to perform duty -- Coordination of precinct boundary changes with other boundaries.
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(1) Each county shall be divided into election precincts by the county board of elections. Each election precinct shall be composed of contiguous and, as nearly as
practicable, compact areas having clearly definable boundaries and wholly
contained within any larger district. The county board of elections shall establish
precincts so that no boundary of a precinct crosses the boundary of:
(a) The Commonwealth;
(b) A county or urban-county;
(c) A congressional district;
(d) A state senatorial district;
(e) A state representative district;
(f) A justice of the peace or county commissioner's district established under KRS Chapter 67; or (g) An aldermanic ward established under KRS 83.440. (2) The county board of elections shall have the authority to draw precinct lines so as to enable more than one (1) precinct to vote at one (1) location. The county board of
elections shall review election precinct boundaries as often as necessary. Without
exception, they shall review the boundaries of all election precincts exceeding seven
hundred (700) votes cast in the last regular election prior to each primary election,
and the State Board of Elections may require a written report at least sixty (60) days
prior to the candidate filing deadline set forth in KRS 118.165(1) on each election
precinct exceeding seven hundred (700) votes cast in the last regular election.
Consideration to the division of said election precincts should be based on the
anticipated growth factor within the specified boundaries; however, the county
board of elections shall not be prohibited from dividing election precincts in excess
of seven hundred (700) votes cast in the last regular election or less than seven
hundred (700) votes cast in the last regular election if they elect to do so. However,
the State Board of Elections may, in its discretion, withhold from a county the
expenses of an election under KRS 117.345 for any precinct containing more than
one thousand five hundred (1,500) registered voters, excluding those precincts
utilizing optical scan voting machines and those periods of time in which the
precinct boundaries have been frozen under KRS 117.056. (3) No election precinct shall be created, divided, abolished, or consolidated or the boundaries therein changed prior to any primary election to comply with the
provisions of KRS 117.055 to 117.0555 and KRS 117.0557 later than the last date
prescribed by election law generally for filing notification and declaration forms
with the county clerk or Secretary of State. No election precinct shall be created,
divided, abolished, or consolidated or the boundaries therein changed prior to any
general election to comply with the provisions of KRS 117.055 to 117.0555 and
KRS 117.0557 later than the last date prescribed by election law generally for filing
certificates or petitions of nomination with the county clerk or Secretary of State. (4) The county board of elections shall designate the name or number and the boundaries of the election precincts. Each precinct shall contain, as nearly as
practicable, an equal number of voters, based on the number of registered voters in
the county. (5) A map and listing of the exact election precinct boundaries shall be filed by the county board of elections with the State Board of Elections, and any changes in
boundaries thereafter made shall also be filed with the State Board of Elections. A
copy of this map indicating all precinct boundaries within the county shall be
included in the election supplies of each precinct. (6) If the county board of elections fails to perform any of the duties required by KRS 117.055 to 117.0555 and KRS 117.0557:
(a) The State Board of Elections or any citizen and voter of the county may apply to the Circuit Court of the county for a summary mandatory order requiring
the board to perform the duty. Appeals may be taken to the Court of Appeals
by either party; and (b) The State Board of Elections shall not submit claims for payments to the county under KRS 117.343 and 117.345 until the State Board of Elections
determines in writing that the duty has been performed. (7) The county board of elections shall coordinate all precinct boundary changes with the affected school board, magisterial, and municipal boundaries. Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 129, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 61, sec. 1, effective July 14, 2000. -- Amended 1994 Ky. Acts
ch. 394, sec. 7, effective July 15, 1994.