LOUISVILLE, Ky. _ Gov. Matt Bevin Tuesday night did what he has done so often during his term as governor _ he refused to back down.
After Democrat Andy Beshear won the governor's race by 5,189 votes, according to unofficial vote results from the Kentucky State Board of Elections, Bevin refused to concede the election.
"Would it be a Bevin race if it wasn't a squeaker? I mean come on," Bevin asked supporters assembled at the Galt House in Louisville Tuesday night. "This is a close, close race. We are not conceding this race by any stretch."
Bevin went on to say there had been some irregularities (he did not cite any specific instances in his speech) and that there's a process that needs to be followed.
"I think the count is close enough that his team is going to look into if there's anything they can use to contest the election," said Josh Douglas, an elections law professor at the University of Kentucky. "The fact that he refused to concede tonight wasn't surprising given the small lead Beshear had."
The next step in the process would be a recanvass, which is basically a check to make sure the vote totals from each machine in every county were accurately recorded. Bevin has seven days after the election, until Nov. 12, to request a recanvass.
It's extremely unlikely a recanvass would change vote totals by more than a few votes.
"Recanvasses hardly ever shift vote totals," Douglas said. "You're talking about maybe a couple of votes statewide."
After a recanvass, things get more complicated quickly. The State Board of Elections has until Nov. 25 to certify the election, basically declaring that the results in all 120 counties are accurate. If Beshear is the winner when they certify the results, he can be inaugurated as the 63rd governor of Kentucky on Dec. 10.
Section 73 of the Kentucky Constitution says the inauguration of a governor must take place on the fifth Tuesday following the election.
That doesn't mean Bevin can't still challenge the results. According to state law, he would have 30 days after the election is certified to file an election contest with the Kentucky General Assembly. In order to seek a recount of votes, Bevin would have to contest the election.
If he contests the election, lawmakers would form a committee of 11 randomly selected members of the General Assembly _ eight from the House of Representatives and three from the Senate. The committee could take depositions, order a recount of votes, and make a recommendation to the full legislature.
The General Assembly would then sit in a joint session and decide the outcome. If lawmakers decided to vacate the election after Beshear is inaugurated, it would create a vacancy in the governor's office that would either be filled by Senate President Robert Stivers if the Senate is in session or Attorney General-elect Daniel Cameron if it is not, according to Douglas.
Election contests in the governor's race are extremely rare. The last one was in 1899, when Democrat William Goebel won the election over Republican William S. Taylor because the General Assembly invalidated enough Republican votes to give Goebel the office.
Goebel was assassinated days later.
