Request By:
Frederick W. Rhynhart
Three East Eighth Street
Newport, Kentucky 41076
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Ross T. Carter, Assistant Attorney General
You have asked whether candidates' representatives may be present to observe the vote count in precincts.
KRS 117.275(1) states, "at the count of the votes in any precinct, any candidate and any representatives to witness and check the count of the votes therein, who are authorized to be appointed as is provided in subsection (6) of this section, shall be admitted and be permitted to be present and witness the count." The cited subsection 6 says, "In regular elections, the governing authority of each political party, each candidate for member of board of education, independent candidate or independent ticket may designate a representative to the county board of elections to witness and check the vote count."
There is no reason why challengers, designated in accordance with KRS 117.315, could not also serve as representatives to check the vote count. The statute plainly allows candidates to appoint such representatives; the only requirement is that the representatives must be designated to the county board of elections. If a challenger has been designated to the county board, he or she must be permitted to check the vote count in accordance with KRS 117.275(1).