Ky. Rev. Stat. § 117.055

Current through 2024 Ky. Acts ch.225

Section 117.055 - Division of county into precincts - Georeferenced digital precinct boundary file - Failure of board to perform duty - Coordination of precinct boundary changes with other boundaries

Subject to KRS 117.0551 to 117.0555:

(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) and (2) 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 equipment 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 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 regular 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 digital precinct boundary file in an ESRI ArcGIS Shapefile or file geodatabase format, georeferenced to a Kentucky State Plane Coordinate System in accordance with KRS 1.020, and a detailed description of the exact election precinct boundaries shall be filed by the county board of elections with the State Board of Elections. Any changes in boundaries thereafter made shall also be filed with the State Board of Elections. A copy of a map created from the digital precinct boundary file depicting all precinct boundaries within the county in relation to key geographically identifiable visible features as described in KRS 117.0551(3) shall be included in the election supplies of each precinct;

(6) The Commonwealth's digital precinct boundary data shall be stored and maintained in the central statewide geographic information clearinghouse in accordance with KRS 42.655(1);

(7) 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; and

(8) The county board of elections shall coordinate all precinct boundary changes with the affected school board, magisterial, and municipal boundaries.

KRS 117.055

Effective: June 29, 2021

Amended 2021 Ky. Acts ch. 197, sec. 9, effective June 29, 2021. -- Amended 2019 Ky. Acts ch. 187, sec. 13, effective November 6, 2019. -- 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. -- Amended 1992 Ky. Acts ch. 430, sec. 1, effective July 14, 1992. -- Amended 1984 Ky. Acts ch. 44, sec. 3, effective March 2, 1984. -- Amended 1982 Ky. Acts ch. 394, sec. 8, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 157, sec. 1, effective July 15, 1980. -- Amended 1976 Ky. Acts ch. 135, sec. 1, effective June 19, 1976; and ch. 333, sec. 1, effective June 19, 1976. -- Created 1974 Ky. Acts ch. 130, sec. 22, effective June 21, 1974.

Amended by 2021 Ky. Acts ch. 197,§ 9, eff. 6/29/2021.

Amended by 2019 Ky. Acts ch. 187,§ 13, eff. 11/6/2019.

Effective:7/15/2002
Amended 2002, Ky. Acts ch. 129, sec. 1, effective7/15/2002. -- Amended 2000, Ky. Acts ch. 61, sec. 1, effective 7/14/2000. -- Amended 1994 Ky. Acts ch. 394, sec. 7, effective 7/15/1994. - Amended 1992 Ky. Acts ch. 430, sec. 1, effective 7/14/1992. -- Amended 1984 Ky. Acts ch. 44, sec. 3, effective 3/2/1984. -- Amended 1982 Ky. Acts ch. 394, sec. 8, effective 7/15/1982. -- Amended 1980 Ky. Acts ch. 157, sec. 1, effective 7/15/1980. -- Amended 1976 Ky. Acts ch. 135, sec. 1, effective 6/19/1976; and ch. 333, sec. 1, effective 6/19/1976. -- Created 1974 Ky. Acts ch. 130, sec. 22, effective 6/21/1974.