Kentucky Statutes 35.260 – Number of votes required
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(1) No person may be convicted of an offense except as provided in KRS § 35.225(2) or by the concurrence of two-thirds (2/3) of the members present at the time the vote is taken.
(2) All other questions to be decided by the members of a general or special court- martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion relating to the question of the accused’s sanity is a determination against the accused. A tie vote on any other question shall be a determination in favor of the accused.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 54, effective June 25, 2013. — Amended
1970 Ky. Acts ch. 56, sec. 38. — Created 1954 Ky. Acts ch. 99, sec. 51, effective July
1, 1954.
(2) All other questions to be decided by the members of a general or special court- martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion relating to the question of the accused’s sanity is a determination against the accused. A tie vote on any other question shall be a determination in favor of the accused.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 54, effective June 25, 2013. — Amended
1970 Ky. Acts ch. 56, sec. 38. — Created 1954 Ky. Acts ch. 99, sec. 51, effective July
1, 1954.