UNOFFICIAL COPY 22 RS BR 1592
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AN ACT relating to elections. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 117.001 is amended to read as follows: 3
As used in this chapter, unless the context otherwise requires: 4
(1) "Audit log" means a detailed record of all actions and events that have occurred on 5
the voting system, including: 6
(a) Log-in attempts with username and time stamp; 7
(b) Election definition and setup; 8
(c) Ballot preparation and results processing; 9
(d) Diagnostics of any type; and 10
(e) Error and warning messages and operator response; 11
(2) "Automatic tabulating equipment" means apparatus necessary to automatically 12
examine and count votes as designated on ballots and data processing machines 13
which can be used for counting ballots and tabulating results; 14
(3) "Ballot" or "official ballot" means the official presentation of offices and candidates 15
to be voted for, including write-in candidates, and all public questions submitted for 16
determination, and shall include a voting machine ballot, a paper ballot, an absentee 17
ballot, a federal provisional ballot, a federal provisional absentee ballot, or a 18
supplemental paper ballot which has been authorized for the use of voters in any 19
primary, regular election, or special election by the Secretary of State or the county 20
clerk; 21
(4) "Ballot box" means any box, bag, or other container that can be locked, sealed, or 22
otherwise rendered tamper-resistant, for receiving ballots; 23
(5) "Ballot marking device" means any approved device for marking a ballot which will 24
enable the ballot to be tabulated manually or by means of automatic tabulating 25
equipment; 26
(6) "Election" or "elections" means any primary, regular election, or special election; 27 UNOFFICIAL COPY 22 RS BR 1592
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(7) "Election officer" has the same meaning as in Section 2 of this Act; 1
(8)[(7)] "Federal provisional voter" means a person: 2
(a) Who does not appear to be registered to vote; 3
(b) Whose name does not appear on the precinct roster; 4
(c) Who has not provided proof of identification to the precinct election officer 5
before voting in a federal election; and 6
(d) Who elects to proceed with voting a federal provisional ballot under KRS 7
117.229; 8
(9)[(8)] "Federal provisional ballot" or "federal provisional absentee ballot" means 9
ballots which have been authorized by the Secretary of State or the county clerk to 10
be used by federal provisional voters in any federal primary or election; 11
(10)[(9)] "Inner envelope" or "secrecy envelope" means the envelope provided to the 12
voter with a ballot into which the voter shall place his or her voted ballot; 13
(11)[(10)] "Political group" has the same meaning as in KRS 118.015; 14
(12)[(11)] "Political organization" has the same meaning as in KRS 118.015; 15
(13)[(12)] "Precinct ballot counter" means an automatic tabulating device used at the 16
precinct to tabulate and process ballots; 17
(14)[(13)] "Proof of identification" means a document that was issued by: 18
(a) The United States or the Commonwealth of Kentucky, and the document 19
contains: 20
1. The name of the individual to whom the document was issued; and 21
2. A photograph of the individual to whom the document was issued; 22
(b) The United States Department of Defense, a branch of the uniformed services, 23
the Merchant Marine, or the Kentucky National Guard, and the document 24
contains: 25
1. The name of the individual to whom the document was issued; and 26
2. A photograph of the individual to whom the document was issued; 27 UNOFFICIAL COPY 22 RS BR 1592
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(c) A public or private college, university, or postgraduate technical or 1
professional school located within the United States, and the document 2
contains: 3
1. The name of the individual to whom the document was issued; and 4
2. A photograph of the individual to whom the document was issued; or 5
(d) Any city government, county government, urban-county government, charter 6
county government, consolidated local government, or unified local 7
government, which is located within this state, and the document contains: 8
1. The name of the individual to whom the document was issued; and 9
2. A photograph of the individual to whom the document was issued; 10
(15)[(14)] "Risk-limiting audit" means an audit protocol that makes use of statistical 11
principles and methods and is designed to limit to acceptable levels the risk of 12
certifying a preliminary election outcome that constitutes an incorrect outcome; 13
(16)[(15)] "Voting booth" or "ballot completion area" means an area in which a voter 14
casts his or her vote or completes his or her ballot which is designed to ensure the 15
secrecy of the vote; 16
(17)[(16)] "Vote center" means a consolidated precinct of the county; 17
(18)[(17)] "Voting equipment" means any physical component of a voting system and 18
includes voting machines where voting machines are in operation; 19
(19)[(18)] "Voting machine" or "machine" means a part of a voting system that consists 20
of: 21
(a) A direct recording electronic voting machine that: 22
1. Records votes by means of a ballot display provided with mechanical or 23
electro-operated components that may be actuated by the voter; 24
2. Processes the data by means of a computer program; 25
3. Records voting data and ballot images in internal and external memory 26
components; and 27 UNOFFICIAL COPY 22 RS BR 1592
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4. Produces a tabulation of the voting data stored in a removable memory 1
component and on a printed copy; or 2
(b) One (1) or more electronic devices that operate independently or as a 3
combination of a ballot marking device and an electronic or automatic vote 4
tabulation device; 5
(20)[(19)] "Voting system" means: 6
(a) The total combination of physical, mechanical, electromechanical, or 7
electronic equipment, including the software, hardware, firmware, and 8
documentation required to program, control, and support that equipment, that 9
is used to: 10
1. Define ballots; 11
2. Cast and count votes; 12
3. Report or display election results; and 13
4. Maintain and produce any audit trail information; and 14
(b) The practices and associated documentation used to: 15
1. Identify system components and versions of those components; 16
2. Test the system during its development and maintenance; 17
3. Maintain records of system errors and defects; 18
4. Determine specific system changes to be made to a system after the 19
initial qualification of the system; and 20
5. Make available any materials to the voter, such as notices, instructions, 21
forms, or paper ballots; and 22
(21)[(20)] "Voter-verified paper audit trail" means a contemporaneous paper record of a 23
ballot printed for the voter to confirm his or her votes before the voter casts his or 24
her ballot that: 25
(a) Allows the voter to verify the voter's ballot choices before the casting of the 26
voter's ballot; 27 UNOFFICIAL COPY 22 RS BR 1592
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(b) Is not retained by the voter; 1
(c) Does not contain individual voter information; 2
(d) Is produced on paper that is sturdy, clean, and resistant to degradation; and 3
(e) Is readable in a manner that makes the voter's ballot choices obvious to the 4
voter or any person without the use of computer or electronic code. 5
Section 2. KRS 118.015 is amended to read as follows: 6
As used in this chapter, unless the context otherwise requires: 7
(1) A "political party" is an affiliation or organization of electors representing a 8
political policy and having a constituted authority for its government and regulation, 9
and whose candidate received at least twenty percent (20%) of the total vote cast at 10
the last preceding election at which presidential electors were voted for; 11
(2) The word "election" used in reference to a state, district, county, or city election, 12
includes the decisions of questions submitted to the qualified voters as well as the 13
choice of officers by them; 14
(3) A "ballot" or "official ballot" means the official presentation of offices and 15
candidates to be voted for, including write-in candidates, and all public questions 16
submitted for determination, and shall include a voting machine ballot, a paper 17
ballot, an absentee ballot, a federal provisional ballot, a federal provisional absentee 18
ballot, or a supplemental paper ballot which has been authorized for the use of the 19
voters in any primary, regular election, or special election by the Secretary of State 20
or the county clerk; 21
(4) "Ballot box" means any box, bag, or other container that can be locked, sealed, or 22
otherwise rendered tamper-resistant, for receiving ballots; 23
(5) "Voting equipment" means any physical component of a voting system and includes 24
voting machines where voting machines are in operation; 25
(6) "Voting machine" or "machine" means a part of a voting system that consists of: 26
(a) A direct recording electronic voting machine that: 27 UNOFFICIAL COPY 22 RS BR 1592
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1. Records votes by means of a ballot display provided with mechanical or 1
electro-operated components that may be actuated by the voter; 2
2. Processes the data by means of a computer program; 3
3. Records voting data and ballot images in internal and external memory 4
components; and 5
4. Produces a tabulation of the voting data stored in a removable memory 6
component and on a printed copy; or 7
(b) One (1) or more electronic devices that operate independently or as a 8
combination of a ballot marking device and an electronic or automatic vote 9
tabulating device; 10
(7) "Voting system" means: 11
(a) The total combination of physical, mechanical, electromechanical, or 12
electronic equipment, including the software, hardware, firmware, and 13
documentation required to program, control, and support that equipment, that 14
is used to: 15
1. Define ballots; 16
2. Cast and count votes; 17
3. Report or display election results; and 18
4. Maintain and produce any audit trail information; and 19
(b) The practices and associated documentation used to: 20
1. Identify system components and versions of those components; 21
2. Test the system during its development and maintenance; 22
3. Maintain records of system errors and defects; 23
4. Determine specific system changes to be made to a system after the 24
initial qualification of the system; and 25
5. Make available any materials to the voter, such as notices, instructions, 26
forms, or paper ballots; 27 UNOFFICIAL COPY 22 RS BR 1592
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(8) The word "resident" used in reference to a candidate in a state, district, county, or 1
city election shall mean actual resident, without regard to the residence of the 2
spouse of the candidate; 3
(9) "Political organization" means a political group not constituting a political party 4
within the meaning of subsection (1) of this section but whose candidate received 5
two percent (2%) or more of the vote of the state at the last preceding election for 6
presidential electors;[ and] 7
(10) "Political group" means a political group not constituting a political party or a 8
political organization within the meaning of subsections (1) and (9) of this section; 9
and 10
(11) "Election officer" means any person tasked with election administration within 11
this state, including, but not limited to, the Secretary of State and his or her 12
employees, members of the State Board of Elections and staff, members of county 13
boards of elections and staff, county clerks and staff, precinct election officers, 14
election officials, and poll workers. 15
Section 3. KRS 119.005 is amended to read as follows: 16
As used in this chapter: 17
(1) A "ballot" or "official ballot" means the official presentation of offices and 18
candidates to be voted for, including write-in candidates, and all public questions 19
submitted for determination, and shall include a voting machine ballot, a paper 20
ballot, an absentee ballot, a special ballot, a federal provisional ballot, a federal 21
provisional absentee ballot, or a supplemental paper ballot which has been 22
authorized for the use of the voters in any primary or regular or special election by 23
the Secretary of State or the county clerk; 24
(2) "Ballot box" means any box, bag, or other container that can be locked, sealed, or 25
otherwise rendered tamper-resistant, for receiving ballots; 26
(3) "Election officer" has the same meaning as in Section 2 of this Act; 27 UNOFFICIAL COPY 22 RS BR 1592
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(4)[(3)] "Voting equipment" means any physical component of a voting system and 1
includes voting machines where voting machines are in operation; 2
(5)[(4)] "Voting machine" or "machine" means a part of a voting system that consists 3
of: 4
(a) A direct recording electronic voting machine that: 5
1. Records votes by means of a ballot display provided with mechanical or 6
electro-operated components that may be actuated by the voter; 7
2. Processes the data by means of a computer program; 8
3. Records voting data and ballot images in internal and external memory 9
components; and 10
4. Produces a tabulation of the voting data stored in a removable memory 11
component and on a printed copy; or 12
(b) One (1) or more electronic devices that operate independently or as a 13
combination of a ballot-marking device and an electronic or automatic vote-14
tabulating device; and 15
(6)[(5)] "Voting system" means: 16
(a) The total combination of physical, mechanical, electromechanical, or 17
electronic equipment, including the software, hardware, firmware, and 18
documentation required to program, control, and support that equipment, that 19
is used to: 20
1. Define ballots; 21
2. Cast and count votes; 22
3. Report or display election results; and 23
4. Maintain and produce any audit trail information; and 24
(b) The practices and associated documentation used to: 25
1. Identify system components and versions of those components; 26
2. Test the system during its development and maintenance; 27 UNOFFICIAL COPY 22 RS BR 1592
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3. Maintain records of system errors and defects; 1
4. Determine specific system changes to be made to a system after the 2
initial qualification of the system; and 3
5. Make available any materials to the voter, such as notices, instructions, 4
forms, or paper ballots. 5