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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 116.025 is amended to read as follows: 3
(1) Every person who is a resident of this state and the precinct in which he or she 4
offers to vote on or before the day of[preceding the closing of the registration books 5
for] any primary, general, or special election, who possesses on the day of any 6
election the qualifications set forth in Section 145 of the Constitution, exclusive of 7
the durational residency requirements, who is not disqualified under that section or 8
under any other statute, and who is registered as provided in this chapter, may vote 9
for all officers to be elected by the people and on all public questions submitted for 10
determination at that election, in the precinct in which he or she is qualified to vote. 11
Any person who shall have been convicted of any election law offense which is a 12
felony shall not be permitted to vote until his or her civil rights have been restored 13
by executive pardon. 14
(2) Any person charged with or indicted for a crime, whether or not in custody for 15
same, who has not yet been convicted of the offense and who is not otherwise 16
ineligible to vote, may vote for all offices to be elected by the people and on all 17
public questions submitted for determination at that election, in the precinct in 18
which he or she is qualified to vote. 19
(3) A registered voter who changes his or her place of residence from one (1) precinct 20
to another within the same county while the registration books are closed shall be 21
permitted to update the voting records and to vote in the present election at the 22
appropriate precinct for the current address as set forth in KRS 116.085(3). 23
(4) Notwithstanding any provision of law to the contrary, any registered voter who 24
changes his or her place of residence from one (1) precinct to another within the 25
same county prior to the closing of the registration books and who fails to transfer 26
his or her registration with the county clerk prior to the date the registration books 27 UNOFFICIAL COPY 22 RS BR 1413
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are closed shall be permitted to vote in the present election at the appropriate 1
precinct for the current address as set forth in KRS 116.085(2). 2
(5) Any registered voter who changes his or her place of residence to a different county 3
while the registration books are closed shall be permitted to vote at the appropriate 4
precinct for his or her former residence in the present election and shall thereafter 5
transfer his or her voter registration. 6
(6) Any registered voter who changes his or her place of residence to a different county 7
and fails to register to vote in the county of current residence prior to the date the 8
registration books are closed shall not be eligible to vote in the present election in 9
the county of current residence or the county of former residence. 10
(7) Any registered voter who changes his or her place of registration to a different state 11
while the registration books are closed in the new state of residence before a 12
presidential election shall be permitted to cast an absentee ballot for President and 13
Vice President only, notwithstanding subsection (1) of this section, by mail or at the 14
county clerk's office of the former residence or other place designated by the county 15
board of elections and approved by the State Board of Elections. 16
Section 2. KRS 116.045 is amended to read as follows: 17
(1) Any person may: 18
(a) Register as a voter during the period registration is open if he or she 19
possesses, or will possess on the day of the next regular election, the 20
qualifications set forth in KRS 116.025; or 21
(b) Register at the precinct on the day of the election as provided in subsection 22
(9) of this section, if he or she has not registered during the period 23
registration is open. 24
(2) The county clerk shall cause all registration to be closed, except for registration 25
under subsection (9) of this section, the fourth Tuesday preceding through the first 26
Monday following any primary or general election, and the twenty-eight (28) days 27 UNOFFICIAL COPY 22 RS BR 1413
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prior to and seven (7) days following any special election. If the last day of 1
registration falls on a state or federal holiday, the period runs until the end of the 2
next day which is not a Saturday or Sunday nor a state or federal holiday. During 3
the period that registration is closed, the county clerk may accept and process 4
registrations. Any voter who registers during the period that registration is closed, 5
except for any registered voter who transfers his or her registration pursuant to KRS 6
116.085(2) or (3), or who registers at the precinct under subsection (9) of this 7
section, shall not be permitted to vote in the upcoming election. 8
(3) In all counties, the county clerk shall receive registrations, transfers, or changes of 9
party affiliation at branch offices at any place in the county during those periods that 10
the registration books are open except for those transfers pursuant to KRS 11
116.085(2) or 116.085(3). However, notice in the manner provided by KRS Chapter 12
424 shall be given at least three (3), but not more than fourteen (14), days in 13
advance of the time and place of any branch registration, and ten (10) days' written 14
notice shall be given to the county executive committee of each major political 15
party in the county in which the branch registration is to be held. 16
(4) Any person may register to vote or may change his or her party affiliation in any of 17
the following ways: 18
(a) In person; 19
(b) By mail; 20
(c) By means of the federal post card application, if the person is a resident of 21
Kentucky and a member of the Armed Forces, or a dependent of members of 22
the Armed Forces, or overseas citizen; 23
(d) By mail-in application form prescribed by the Election Assistance 24
Commission pursuant to the National Voter Registration Act of 1993; or 25
(e) By other methods of registration, or reregistration, approved by the State 26
Board of Elections, including the use of voluntary interested groups and 27 UNOFFICIAL COPY 22 RS BR 1413
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political parties, under the proper supervision and directions of the county 1
clerk, which may include door to door canvassing. 2
Any person may register to vote in person on the day of any election under 3
subsection (9) of this section, but shall not be permitted to change party 4
affiliation. 5
(5) Upon receipt of the form prescribed by the State Board of Elections or the Election 6
Assistance Commission pursuant to the National Voter Registration Act of 1993, 7
properly filled out and signed by the applicant, the county clerk, or the precinct 8
officer in the case of a person registering on the day of the election at the precinct 9
under subsection (9) of this section, shall register the applicant. 10
(6) Any individual or group shall have access to a reasonable number of voter 11
registration forms including the mail-in application form prescribed by the Election 12
Assistance Commission pursuant to the National Voter Registration Act of 1993 in 13
the county clerk's office. The individual or group shall act under the proper 14
supervision and directions of the county clerk and shall return these completed 15
forms to the county clerk for official registration by the county clerk. 16
(7) No later than December 31, 1994, the Transportation Cabinet shall equip all driver's 17
license agencies to comply with the provisions of the National Voter Registration 18
Act of 1993. The Secretary of State shall provide assistance and interpretation to the 19
Transportation Cabinet in determining the requirements of the National Voter 20
Registration Act of 1993. 21
(8) The county clerk shall enter the specific party identification of the voter with a 22
political party, political organization, or political group as defined in KRS 118.015, 23
or independent status, as indicated by the voter on the voter registration form, into 24
the statewide voter registration system. The State Board of Elections shall 25
promulgate regulations under KRS Chapter 13A to provide for tracking of the 26
registration of voters identifying with political organizations and political groups as 27 UNOFFICIAL COPY 22 RS BR 1413
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defined in KRS 118.015, and voters of independent status. 1
(9) (a) Any person who has not registered prior to the date the registration books 2
are closed under subsection (2) of this section, and who possesses all other 3
qualifications for registration, may register at his or her precinct of 4
residence on the day of an election. 5
(b) For purposes of registration under paragraph (a) of this subsection, a 6
person shall not be permitted to change his or her party registration at his 7
or her precinct of residence on the day of an election. 8
(c) When a person applies to register to vote at the precinct on election day, the 9
voter shall be permitted to vote in the present election at the appropriate 10
precinct for his or her current address upon affirmation of his or her 11
current address. 12
(d) Before being permitted to vote, the voter shall confirm his or her identity as 13
required by KRS 117.227 and shall complete the affidavit that is required to 14
be completed by a voter whose right to vote is challenged. The subscribed 15
oaths shall be delivered to the county clerk and investigated in accordance 16
with KRS 117.245. 17
Section 3. KRS 116.0452 is amended to read as follows: 18
(1) For the purpose of determining whether a voter registration application is received 19
during the period in which registration books are open under KRS 116.045(2), an 20
application shall be deemed timely received: 21
(a) In the case of registration with a motor vehicle driver's license application, if 22
the valid voter registration form of the applicant is accepted by the 23
Transportation Cabinet before the registration books are closed; 24
(b) In the case of registration by mail, if the valid voter registration form of the 25
applicant is legibly postmarked before the registration books are closed; 26
(c) In the case of registration with a voter registration agency, if the valid voter 27 UNOFFICIAL COPY 22 RS BR 1413
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registration form of the applicant is accepted at the voter registration agency 1
before the registration books are closed; [and] 2
(d) In the case of registration at the precinct on election day, a voter 3
registration application shall be deemed timely received if the valid voter 4
registration form of the applicant is received by the precinct officer in the 5
correct precinct of residence of the voter before the polls close on election 6
day; and 7
(e) In any other case, if the valid voter registration form of the applicant is 8
received by the appropriate county clerk, no later than 4 p.m. local time, 9
before the registration books are closed. 10
(2) The county clerk shall send notice to each applicant of the disposition of the 11
application. 12
(3) The name of a registered voter shall not be removed from the registration books 13
except: 14
(a) Upon request of the voter; 15
(b) As provided by KRS 116.113, upon notice of death, declaration of 16
incompetency, or conviction of a felony; or 17
(c) Upon failure to respond to a confirmation mailing sent pursuant to KRS 18
116.112(3) and failure to vote or appear to vote and, if necessary, correct the 19
registration record of the voter's address in an election during the period 20
beginning on the date of the notice and ending on the day after the date of the 21
second general election for Federal office that occurs after the date of the 22
notice. 23
(4) The identity of the voter registration agency or Transportation Cabinet office 24
through which any particular voter is registered shall not be disclosed to the public, 25
but the county clerk shall provide the State Board of Elections with a report of 26
how many voters registered to vote at the precincts on election day. 27 UNOFFICIAL COPY 22 RS BR 1413
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Section 4. KRS 116.0455 is amended to read as follows: 1
(1) (a) Each motor vehicle driver's license application, including any renewal 2
application, submitted to the appropriate motor vehicle authority shall serve as 3
a simultaneous[an] application for voter registration, or as an update to any 4
previous voter registration, and shall contain the following statements: 5
1. "By signing and submitting this application, you are authorizing the 6
circuit clerk and the Transportation Cabinet to transmit this 7
application to the county clerk and to the State Board of Elections for 8
voter registration purposes. YOU MAY DECLINE TO REGISTER. 9
YOU MUST DECLINE TO REGISTER IF YOU DO NOT MEET 10
THE ELIGIBILITY REQUIREMENTS SET OUT BELOW. No 11
information relating to your decision of whether or not to register or 12
update a voter registration record may be used for any purpose other 13
than voter registration."; 14
2. "In order to be registered to vote you must: 15
a. Be a United States citizen; 16
b. Be a current resident of Kentucky; 17
c. Be at least eighteen (18) years of age on or before the next 18
regular election; 19
d. Have not been convicted of a felony, or if you have been 20
convicted of a felony, your civil rights have been restored by 21
executive pardon; 22
e. Have not been declared mentally incompetent in a court of law; 23
and 24
f. Not claim the right to vote anywhere outside Kentucky. Failure 25
to decline to register is an attestation that you meet the 26
requirements to vote."; and 27 UNOFFICIAL COPY 22 RS BR 1413
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3. "If you choose to decline to have this motor vehicle driver's 1
application serve as a simultaneous application for voter registration 2
or update to an existing voter registration record, or if you do not meet 3
the eligibility requirements to register to vote, YOU MUST CHECK 4
THE BOX BELOW confirming your declination.". 5
[for voter registration unless the applicant fails to sign the voter registration 6
application. 7
[(b) An application for voter registration submitted under paragraph (a) of this 8
subsection shall be considered as updating any previous voter registration by 9
the applicant.] 10
(2) No information relating to the declination[failure] of an applicant to have any 11
application in subsection (1)(a) of this section considered as a simultaneous 12
application for voter registration or an update to a previous voter registration[for 13
a motor vehicle driver's license to sign a voter registration application] may be used 14
for any purpose other than voter registration. 15
(3) (a) The Transportation Cabinet shall include all information contained in a voter 16
registration application form as part of an application for a motor vehicle 17
driver's license. The State Board of Elections shall approve the voter 18
registration portion of the application prior to its implementation by the 19
Transportation Cabinet and no amendments to the application affecting 20
voter registration requirements shall be made without the approval of the 21
State Board of Elections; and 22
(b) The voter registration application portion of an application for a motor vehicle 23
driver's license shall comply with the requirements of Section 5 of Pub. L. 24
No.[Public Law] 103-31, the National Voter Registration Act of 1993. 25
(4) Any change of address form submitted for purposes of a motor vehicle driver's 26
license shall serve as notification of change of address for voter registration for the 27 UNOFFICIAL COPY 22 RS BR 1413
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registrant involved unless the registrant states on the form that the change of address 1
is not for voter registration purposes. 2
(5) (a) A completed copy of the voter registration portion of an application for a 3
motor vehicle driver's license accepted by the Transportation Cabinet shall be 4
transmitted to the county clerk of the county of the applicant's voting 5
residence not later than ten (10) days after the date of acceptance. 6
(b) If a motor vehicle driver's license application includes a completed voter 7
registration application and is accepted within five (5) days before the last day 8
for registration to vote in an election, the application shall be transmitted to 9
the county clerk of the county of the applicant's voting residence not later than 10
five (5) days after the date of acceptance. 11
(6) The Transportation Cabinet shall provide to the county clerk all[a] declination 12
notifications[statement] signed by an applicant if the applicant has declined to have 13
the motor vehicle driver's license application serve as a simultaneous application 14
for voter registration or to have an existing voter registration record updated[ 15
register to vote]. 16
Section 5. KRS 116.048 is amended to read as follows: 17
(1) The following agencies are designated as voter registration agencies in accordance 18
with the National Voter Registration Act of 1993: 19
(a) Agencies that provide benefits under public assistance under Title IV-A of the 20
Federal Social Security Act, the Special Supplemental Food Program for 21
Women, Infants, and Children, the Kentucky Medical Assistance Program, or 22
the Food Stamps Program; 23
(b) Armed Forces recruitment offices; 24
(c) Other agencies, as determined by the Secretary of State,[ shall determine] that 25
provide[to be providing] public assistance; and 26
(d) Other agencies, as determined by the Secretary of State,[ shall determine] that 27 UNOFFICIAL COPY 22 RS BR 1413
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are[to be] state-funded programs primarily engaged in providing services to 1
persons with disabilities. 2
(2) A voter registration agency that provides service or assistance in conducting voter 3
registration shall: 4
(a) Include in[Distribute with] each application for its service or assistance, and 5
with each recertification, renewal, or change of address form, the following 6
statements: 7
1. "By signing and submitting this application, you are authorizing this 8
agency to transmit this application to the county clerk and to the State 9
Board of Elections for voter registration purposes. YOU MAY 10
DECLINE TO REGISTER. YOU MUST DECLINE TO REGISTER 11
IF YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS 12
SET OUT BELOW. No information relating to your decision of 13
whether or not to register or update a voter registration record may be 14
used for any purpose other than voter registration."; 15
2. "In order to be registered to vote you must: 16
a. Be a United States citizen; 17
b. Be a current resident of Kentucky; 18
c. Be at least eighteen (18) years of age on or before the next 19
regular election; 20
d. Have not been convicted of a felony, or if you have been 21
convicted of a felony, your civil rights have been restored by 22
executive pardon; 23
e. Have not been declared mentally incompetent in a court of law; 24
and 25
f. Not claim the right to vote anywhere outside Kentucky. 26
Failure to decline to register is an attestation that you meet the 27 UNOFFICIAL COPY 22 RS BR 1413
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requirements to vote."; and 1
3. "If you choose to decline to have this application serve as a simultaneous 2
application for voter registration or update to an existing voter registration 3
record, or if you do not meet the eligibility requirements to register to vote, 4
YOU MUST CHECK THE BOX BELOW confirming your 5
declination."[office's own voter registration application form that complies 6
with the requirements of Section 7 of Public Law 103-31, the National Voter 7
Registration Act of 1993]; 8
(b) Provide an[a] additional form that includes: 9
1. [The question, "If you are not registered to vote where you live now, 10
would you like to apply to register to vote here today?"; 11
2. ]If the agency provides public assistance, the statement, "Applying to 12
register or declining to register to vote will not affect the amount of 13
assistance that you will be provided by this agency."; 14
2.[3. Boxes for the applicant to check to indicate whether the applicant would 15
like to register or declines to register to vote (failure to check either box 16
being deemed to constitute a declination to register for purposes of 17
paragraph (c) of this subsection), together with the statement in close 18
proximity to the boxes and in prominent type, "IF YOU DO NOT 19
CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE 20
DECIDED NOT TO REGISTER TO VOTE AT THIS TIME."; 21
4.] The statement, "If you would like help in filling out the voter 22
registration portion of the application form, we will help you. The 23
decision whether to seek or accept help is yours. You may fill out the 24
application form in private."; and 25
3[5]. The statement, "If you believe that someone has interfered with your 26
right to register or to decline to register to vote or to update your 27 UNOFFICIAL COPY 22 RS BR 1413
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existing voter registration record, your right to privacy in deciding 1
whether to register or in applying to register to vote, or your right to 2
choose your own political party or other political preference, you may 3
file a complaint with __________________.", the blank being filled by 4
the name, address, and telephone number of the appropriate official to 5
whom a complaint should be addressed; and 6
(c) Provide to each applicant who does not decline to use the agency application 7
as an application to register to vote or to update an existing voter 8
registration record the same degree of assistance with regard to the 9
completion of the registration application form as is provided by the office 10
with regard to the completion of its own forms, unless the applicant refuses 11
assistance. 12
(3) (a) At each voter registration agency, the following services shall be made 13
available: 14
1. Distribution of mail voter registration forms should the applicant 15
decline to have the application serve as a simultaneous application for 16
voter registration and request a mail voter registration form; 17
2. Assistance to applicants in completing the voter registration portion of 18
the application form[forms], unless the applicant refuses assistance; and 19
3. Acceptance of completed[ voter registration] application forms that do 20
not include a declination of the application serving as a simultaneous 21
application to register to vote or update an existing voter registration 22
record for transmittal to the county clerk of the county of the applicant's 23
voting residence. 24
(b) If a voter registration agency designated under subsection (1)(d) of this section 25
provides services to a person with a disability at the person's home, the agency 26
shall provide the services described in paragraph (a) of this subsection at the 27 UNOFFICIAL COPY 22 RS BR 1413
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person's home. 1
(4) A person who provides services described in subsection (3) of this section shall not: 2
(a) Seek to influence an applicant's political preference or party registration; 3
(b) Display any material indicating the person's political preference or party 4
allegiance; 5
(c) Make any statement to an applicant or take any action the purpose or effect of 6
which is to discourage the applicant from registering to vote; or 7
(d) Make any statement to an applicant or take any action the purpose or effect of 8
which is to lead the applicant to believe that a decision to register or not to 9
register to vote has any bearing on the availability of services or benefits. 10
(5) The voter registration portion of any application used by any agency that has 11
been designated as a voter registration agency under subsection (1) of this section 12
shall comply with the requirements of Section 5 of Pub. L. No. 103-31, the 13
National Voter Registration Act of 1993. 14
(6) The State Board of Elections may designate requirements for record keeping and 15
document retention it deems necessary to comply with the National Voter 16
Registration Act of 1993 and the provisions of this chapter. 17
(7)[(6)] (a) A completed registration application accepted at a voter registration 18
agency shall be transmitted to the county clerk of the county of the applicant's 19
voting residence or the State Board of Elections not later than ten (10) days 20
after the date of acceptance. 21
(b) If a registration application is accepted within five (5) days before the last day 22
for registration to vote in an election, the application shall be transmitted to 23
the county clerk of the county of the applicant's voting residence or the State 24
Board of Elections not later than five (5) days after the date of acceptance. 25
(8) The agency shall provide to the county clerk all declination notifications signed 26
by an applicant if the applicant has declined to have the agency application serve 27 UNOFFICIAL COPY 22 RS BR 1413
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as a simultaneous application for voter registration or to have an existing voter 1
registration record updated. 2
Section 6. KRS 117.085 is amended to read as follows: 3
(1) (a) All requests for a mail-in absentee ballot shall be requested through a secure 4
online portal established by the State Board of Elections, except for: 5
1. Voters identified in KRS 117.077; 6
2. Disabled voters; and 7
3. Covered voters in paragraph (i) of this subsection; 8
who have the additional option of requesting a mail-in absentee ballot 9
application through the county clerk. 10
(b) Acquiring a mail-in absentee ballot by means of the online portal shall require 11
the voter to input personally identifiable information for verification. 12
(c) For those voters who do not have the means of accessing the online portal, the 13
county clerk shall fulfill a request for a mail-in absentee ballot by taking the 14
voter's information over the telephone or in person and directly inputting that 15
information into the secure online portal. 16
(d) The online portal shall have the capacity to ensure the identity of the voter 17
through proof of identification as required under KRS 117.227 or by means of 18
KRS 117.228. 19
(e) If a voter qualifies to receive a mail-in absentee ballot, the online portal shall 20
transmit the mail-in absentee ballot request to the county clerk of the county in 21
which the voter is registered to vote. 22
(f) The online portal shall not be open or permit any mail-in ballot requests to 23
occur more than forty-five (45) days immediately preceding the day of a 24
primary or an election. The online portal shall close at 11:59 p.m. local time, 25
fourteen (14) days immediately preceding the day of a primary or an election. 26
(g) Except as otherwise provided in KRS 117.077, the mail-in absentee ballot 27 UNOFFICIAL COPY 22 RS BR 1413
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may be requested by the voter or the spouse, parents, or children of the voter, 1
but shall be restricted to the use of the voter. 2
(h) Except as otherwise provided in KRS 117.077 and covered voters in 3
paragraph (i) of this subsection, a qualified voter may apply to cast his or her 4
vote by mail-in absentee ballot if the completed application is received 5
fourteen (14) days before the election, and if the voter is: 6
1. A resident of Kentucky who is a covered voter as defined in KRS 7
117A.010; 8
2. A student who temporarily resides outside the county of his or her 9
residence; 10
3. Incarcerated in jail and charged with a crime, but has not been convicted 11
of the crime; 12
4. Changing or has changed his or her place of residence to a different state 13
while the registration books are closed in the new state of residence 14
before an election of electors for President and Vice President of the 15
United States, in which case the voter shall be permitted to cast a mail-in 16
absentee ballot for electors for President and Vice President of the 17
United States only; 18
5. Temporarily residing outside the state but still eligible to vote in this 19
state; 20
6. Prevented from voting in person at the polls on election day and from 21
casting an in-person absentee ballot on all days in-person absentee 22
voting is conducted because his or her employment location requires 23
him or her to be absent from the county of his or her residence all hours 24
and all days in-person absentee voting is conducted; 25
7. A participant in the Secretary of State's crime victim address 26
confidentiality protection program as authorized by KRS 14.312;[ or] 27 UNOFFICIAL COPY 22 RS BR 1413
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8. Not able to appear at the polls on election day or the days in-person 1
absentee voting is conducted on the account of age, disability, or illness, 2
and who has not been declared mentally disabled by a court of 3
competent jurisdiction; or 4
9. Desirous of casting his or her vote by mail-in absentee ballot as a 5
matter of convenience. 6
(i) Residents of Kentucky who are covered voters as defined in KRS 117A.010 7
may apply for a mail-in absentee ballot by means of the federal post-card 8
application, which may be transmitted to the county clerk's office by mail, by 9
facsimile machine, or by means of the electronic transmission system 10
established under KRS 117A.030(4). The federal post-card application may be 11
used to register, reregister, and to apply for a mail-in absentee ballot. If the 12
federal post-card application is received at any time not less than seven (7) 13
days before the election, the county clerk shall affix his or her seal to the 14
application form upon receipt. 15
(j) Any voter who is disabled may use an accessible mail-in absentee ballot portal 16
to request a mail-in absentee ballot, the standards of which shall be set by the 17
State Board of Elections pursuant to administrative regulations promulgated 18
under KRS Chapter 13A. 19
(2) In-person absentee voting shall be conducted in the county clerk's office or other 20
place designated by the county board of elections and approved by the State Board 21
of Elections during normal business hours for at least the twelve (12) working days, 22
including two (2) Saturdays immediately preceding the Sunday, before[on the 23
Thursday, Friday, and Saturday immediately preceding the day of] a primary or an 24
election. Any voter who is qualified to vote on election day in the county of his or 25
her residence may choose to cast an in-person absentee ballot while in-person 26
absentee voting is being conducted during the days listed in this subsection. The 27 UNOFFICIAL COPY 22 RS BR 1413
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voter who elects to vote in-person absentee shall provide proof of identification as 1
defined in KRS 117.001 or meet the requirements of KRS 117.228 and 117.229. 2
(3) The members of the county board of elections or their designees who provide equal 3
representation of both political parties may serve as precinct election officers, 4
without compensation, for all in-person absentee voting conducted. If the members 5
of the county board of elections or their designees serve as precinct election officers 6
for in-person absentee voting, they shall perform the same duties and exercise the 7
same authority as precinct election officers who serve on the day of an election. If 8
the members of the county board of elections or their designees do not serve as 9
precinct election officers for in-person absentee voting, the county clerk or deputy 10
county clerks shall supervise the in-person absentee voting. 11
(4) Any individual qualified to appoint challengers for the day of an election may also 12
appoint challengers to observe all in-person absentee voting, and those challengers 13
may exercise the same privileges as challengers appointed for observing voting on 14
the day of an election at a regular polling place. 15
(5) For those voters who are eligible to receive a mail-in absentee ballot by means other 16
than the secure online portal pursuant to subsection (1) of this section, the county 17
clerk shall type the name of the voter permitted to vote by mail-in absentee ballot on 18
the mail-in absentee ballot application for that person's use and no other. The mail-19
in absentee ballot application shall be in the form prescribed by the State Board of 20
Elections, which shall include the voter affirmation form as prescribed in KRS 21
117.228(1)(c) and shall contain the following information: name, residential 22
address, precinct, party affiliation, statement of the reason the person seeks to vote 23
by mail-in absentee ballot[cannot vote in person on election day], statement of 24
where the voter shall be on election day when applicable, statement of compliance 25
with residency requirements for voting in the precinct, an instructional statement 26
prescribing the requirements for providing a copy of the voter's proof of 27 UNOFFICIAL COPY 22 RS BR 1413
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identification or voter affirmation when applicable, and the voter's mailing address 1
for a mail-in absentee ballot. The mail-in absentee ballot application form shall be 2
verified and signed by the voter, and the voter shall provide a copy of his or her 3
proof of identification, as defined in KRS 117.001, or the executed voter 4
affirmation as described in KRS 117.228(1)(c). A notice of the actual penalty 5
provisions in KRS 117.995(2) and (5) shall be printed on the mail-in absentee ballot 6
application form. 7
(6) For those voters eligible to receive a mail-in absentee ballot, if the county clerk 8
finds that the voter has completed and submitted an application for a mail-in 9
absentee ballot as provided in this section, is properly registered as stated in his or 10
her mail-in absentee ballot application, and qualifies to receive a mail-in absentee 11
ballot by mail, the county clerk shall mail to the voter a mail-in absentee ballot, two 12
(2) official envelopes for returning the mail-in absentee ballot, and instructions for 13
voting. 14
(7) Mail-in absentee ballots shall be mailed to a voter's residential address located in 15
the county in which the voter is registered, except for: 16
(a) Qualified voters who apply pursuant to the requirements of subsection (1)(h)1. 17
to 6. of this section; or 18
(b) Qualified voters covered under KRS 117.077. 19
(8) The county clerk shall: 20
(a) Transmit a mail-in absentee ballot to the voter who is eligible to receive a 21
mail-in absentee ballot within four (4) days of receipt or within four (4) days 22
of the ballots being available; 23
(b) Cause mail-in absentee ballots to be printed fifty (50) days prior to each 24
primary or regular election, and forty-five (45) days prior to a special election; 25
and 26
(c) Complete a postal form for a certificate of mailing for mail-in absentee ballots 27 UNOFFICIAL COPY 22 RS BR 1413
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mailed within the fifty (50) states, and it shall be stamped by the postal service 1
when the mail-in absentee ballots are mailed. Unless a postal form for a 2
certificate of mailing is required, the county clerk may use methods of 3
tracking the mail-in absentee ballots by means of a printed barcode or other 4
label that is unique to the individual voter issued by the State Board of 5
Elections pursuant to administrative regulations promulgated under KRS 6
Chapter 13A. 7
(9) A mail-in absentee ballot may be transmitted by facsimile machine or by the 8
electronic transmission system established under KRS 117A.030(4) to a covered 9
voter as defined in KRS 117A.010. The covered voter shall be notified of the 10
options for transmittal of the mail-in absentee ballot, and the mail-in absentee ballot 11
shall be transmitted by the method chosen for receipt by the resident of Kentucky 12
who is a covered voter. 13
(10) The outer envelope of the mail-in absentee ballot shall bear the words "Absentee 14
Ballot", the address and official title of the county clerk, a printed barcode or other 15
label that is unique to the individual voter issued by the State Board of Elections, 16
and adequate space for the voter's signature, voting address, precinct number, and 17
signatures of two (2) witnesses if the voter signs the form with the use of a mark 18
instead of the voter's signature. A detachable flap on the secrecy envelope shall 19
provide space for the voter's signature, voting address, precinct number, signatures 20
of two (2) witnesses if the voter signs the form with the use of a mark instead of the 21
voter's signature and notice of penalty provided in KRS 117.995(5). The county 22
clerk shall type the voter's address and precinct number in the upper left hand corner 23
of the outer envelope and of the detachable flap on the secrecy envelope 24
immediately below the blank space for the voter's signature. The secrecy envelope 25
shall be blank. If applicable, the county clerk shall retain the voter's mail-in ballot 26
application, which shall include the photographed copy of the voter's proof of 27 UNOFFICIAL COPY 22 RS BR 1413
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identification or the voter affirmation as prescribed by KRS 117.228(1)(c), and the 1
postal form required by subsection (8) of this section for twenty-two (22) months 2
after the primary or election. 3
(11) Except as otherwise provided in subsection (13) of this section, any person who has 4
received a mail-in absentee ballot but who knows at least seven (7) days before the 5
date of the election that he or she will be in his or her county of residence on 6
election day, or who desires to vote in person on election day, and who has not 7
voted pursuant to the provisions of KRS 117.086 shall cancel his or her mail-in 8
absentee ballot and vote in person. The voter shall return the mail-in absentee ballot 9
to the county clerk's office by mail or hand delivery no later than seven (7) days 10
prior to the date of the election. Upon the return of the mail-in absentee ballot, the 11
county clerk shall mark on the outer envelope of the sealed ballot or the unmarked 12
ballot the words "Canceled because voter appeared to vote in person." Sealed 13
envelopes so marked shall not be opened. The county clerk shall remove the voter's 14
name from the list of persons who were sent mail-in absentee ballots, and the voter 15
may vote in the precinct in which he or she is properly registered. 16
(12) Any voter qualified for a mail-in absentee ballot who does not receive a requested 17
mail-in absentee ballot within a reasonable amount of time shall contact the county 18
clerk, who shall reissue a second mail-in absentee ballot. The county clerk shall 19
keep a record of the mail-in absentee ballots issued and returned by mail, hand-20
delivered, or placed in a secure drop-box or receptacle, and the in-person absentee 21
voting and federal in-person provisional absentee voting that is conducted, to verify 22
that only the first voted ballot is counted. Upon the return of any mail-in absentee 23
ballot after the first mail-in absentee ballot is returned, the county clerk shall mark 24
on the outer envelope of the sealed ballot the words "Canceled because ballot 25
reissued." 26
(13) Any covered voter as defined in KRS 117A.010 who has received a mail-in 27 UNOFFICIAL COPY 22 RS BR 1413
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absentee ballot but who knows that he or she will be in the county on election day, 1
or who desires to vote in person on election day, and who has not voted pursuant to 2
the provisions of KRS 117.086 shall cancel his or her mail-in absentee ballot and 3
vote in person. The voter shall return the mail-in absentee ballot to the county 4
clerk's office on or before election day. Upon the return of the mail-in absentee 5
ballot, the county clerk shall mark on the outer envelope of the sealed mail-in 6
absentee ballot or the unmarked mail-in absentee ballot the words "Canceled 7
because voter appeared to vote in person." Sealed envelopes so marked shall not be 8
opened. If the covered voter is unable to return the mail-in absentee ballot to the 9
county clerk's office on or before election day, at the time he or she votes in person, 10
he or she shall sign a written oath as to his or her qualifications on the form 11
prescribed by the State Board of Elections pursuant to KRS 117.245. The county 12
clerk shall remove the voter's name from the list of persons who were sent mail-in 13
absentee ballots, provide the voter with written authorization to vote at the precinct, 14
and the voter may vote in the precinct in which he or she is properly registered. 15
(14) The State Board of Elections shall promulgate administrative regulations to: 16
(a) Ensure election officials have real-time knowledge of which voters have 17
requested mail-in absentee ballots; and 18
(b) Provide procedures to be followed if a voter attempts to vote more than once 19
at a primary or an election. 20
(15) Notwithstanding the provisions of the Kentucky Open Records Act, KRS 61.870 to 21
61.884, and except for when the identification of the voter is provided to the county 22
board of elections under KRS 117.087, the information contained in an application 23
for a mail-in absentee ballot shall not be made public until after the close of 24
business hours on the election day for which the application applies. Except for 25
necessary election officials and for election-related duties as prescribed by law, the 26
name of the person who votes by means of a mail-in absentee ballot shall not be 27 UNOFFICIAL COPY 22 RS BR 1413
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disclosed. This subsection shall not prohibit at any time the disclosure, upon 1
request, of the total number of applications for mail-in absentee ballots that have 2
been filed, or the disclosure to the Secretary of State or the State Board of Elections, 3
if requested or if otherwise required by law, of any information in an application for 4
a mail-in absentee ballot. 5
Section 7. KRS 117.087 is amended to read as follows: 6
(1) The challenge of a mail-in absentee ballot shall be in writing and in the hands of the 7
county clerk before 8 a.m. on the day preceding any primary, regular election, or 8
special election day. 9
(2) The county board of elections may appoint a central ballot counting board of not 10
less than three (3) members, who shall be qualified voters and no more than two-11
thirds (2/3) of whom shall be members of the same political party, to process, 12
review, and count the ballots at the direction of the county board of elections. 13
(3) (a) Beginning at 8 a.m. on any primary, regular election, or special election day, 14
the county board of elections or central counting board shall meet at the 15
county clerk's office to process and review the mail-in absentee ballots 16
returned. Candidates or their representatives shall be permitted to be present. 17
The county board of elections or central counting board may meet up to 18
fourteen (14) days prior to the day of a primary or election to review and 19
process the mail-in absentee ballots cast in the county. No person shall 20
publicize any tallies or counts of these ballots, or any partial election results, 21
until 7 p.m.[6 p.m.] local time, on the day of a primary or an election. The 22
county board of elections or central counting board shall meet as often as 23
necessary during these fourteen (14) days to process and review returned mail-24
in absentee ballots, including expediting any signature cures. 25
(b) The county board of elections or counting board chair or the chair's designee 26
shall provide each board member with a list of all voters who have returned a 27 UNOFFICIAL COPY 22 RS BR 1413
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mail-in absentee ballot by mail. If a list of all voters who have returned a mail-1
in absentee ballot by mail is not provided to the board, the name of each voter 2
who cast an absentee ballot by mail shall be read aloud. The county board of 3
elections shall authorize representatives of the news media to observe the 4
processing and review of the ballots to determine their acceptance or rejection. 5
(c) Acceptance or rejection of the mail-in absentee ballots shall be determined as 6
follows: 7
1. The county board of elections or the central counting board shall open 8
the boxes containing absentee ballots returned by mail, hand delivered, 9
or deposited in a drop-box or receptacle, and remove the envelopes one 10
(1) at a time. All mail-in absentee ballots returned shall have their 11
barcode or unique label scanned to note official receipt; 12
2. As each envelope is removed, it shall be examined to ascertain whether 13
the outer envelope and the detachable flap are in proper order and have 14
been signed by the voter, except if: 15
a. The detachable flap and outer envelope for the voter have been 16
signed by a person having power of attorney for the voter, and that 17
person has completed the voter assistance form required by KRS 18
117.255; or 19
b. The voter has signed the detachable flap and outer envelope with 20
the use of a mark instead of the voter's signature, the county board 21
of elections or the central counting board shall verify that the mark 22
was made in the presence of two (2) witnesses; 23
3. Ballots with unsigned detachable flaps or outer envelopes shall be 24
rejected automatically; 25
4. Ballots that have not been sent by the county clerk to a qualified voter, 26
but are received by the county board of elections or the central counting 27 UNOFFICIAL COPY 22 RS BR 1413
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board shall be rejected automatically; 1
5. The members of the county board of elections, or the members of the 2
central counting board, shall compare the signatures on the outer 3
envelope and the detachable flap with the signature of the voter that 4
appears on the voter's signature of record, which record shall include the 5
signature on the voter's identity document as defined in KRS 186.010, 6
the voter's mail-in absentee ballot application, or the voter's registration 7
card. If a signature match cannot be made, the county board of elections, 8
central counting board, or the county clerk shall make a reasonable effort 9
to contact the voter and provide notice to the voter with a timeframe and 10
manner in which the voter may cure his or her signature relative to the 11
mail-in absentee ballot signature. All signature cures shall be completed 12
before the closing of the polls on the day of a primary or an election; 13
6. If the outer envelope and the detachable flap are found to be in order, the 14
members of the county board of elections or the members of the central 15
counting board shall verify the voter's name from the list of persons who 16
were sent mail-in absentee ballots, but if a list has not been provided to 17
the board, the name of the voter shall be read aloud; 18
7. If the vote of the voter is not rejected on a challenge as provided in 19
subparagraph 8. of this paragraph or as otherwise provided in this 20
subsection, the members of the county board of elections or the 21
members of the central counting board shall remove the detachable flap 22
and place the secrecy envelope unopened in a ballot box which has been 23
provided for the purpose; 24
8. When the name of a voter who cast a mail-in absentee ballot is 25
processed and reviewed by the members of the county board of elections 26
or the members of the central counting board, the vote of the voter may 27 UNOFFICIAL COPY 22 RS BR 1413
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be challenged by any board member or by the written challenge provided 1
in subsection (1) of this section and the challenge may be determined 2
and the vote accepted or rejected by the board as if the voter was present 3
and voting in person; but if the outer envelope and the detachable flap 4
are regular, and each substantially comply with the provisions of this 5
chapter, they shall be considered as showing that the voter is prima facie 6
entitled to vote. If the vote of a voter is rejected pursuant to the 7
challenge, the secrecy envelope shall not be opened, but returned to the 8
outer envelope upon which the chair or member shall write on the 9
envelope the word "rejected"; 10
9. If irregularities are discovered in the review and processing of the mail-11
in absentee ballot, the county board of elections or the central counting 12
board shall immediately report to the county attorney or the Office of the 13
Attorney General; and 14
10. The ballot box into which all accepted mail-in absentee ballots are 15
placed shall be locked with three (3) locks and the keys to the box shall 16
be retained by at least three (3) members of the central counting board, if 17
one (1) has been appointed, or by the members of the county board of 18
elections. The box shall remain locked until the ballots are counted. 19
(d) The State Board of Elections shall promulgate administrative regulations 20
under KRS Chapter 13A establishing the form of the notice required under 21
this subsection for the curing of signatures. 22
(4) (a) Beginning at 8 a.m. local time on any primary, regular election, or special 23
election day, the county board of elections or a central counting board shall 24
meet in the county clerk's office to: 25
1. Review and process any mail-in absentee ballots returned using the 26
procedures in subsection (3) of this section; and 27 UNOFFICIAL COPY 22 RS BR 1413
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2. Count, or the county board of elections may oversee the count by the 1
central counting board, the accepted mail-in absentee ballots and total 2
and record the in-person absentee votes cast. 3
(b) During the review, processing, and counting of the absentee ballots and votes, 4
candidates or their representatives shall be permitted to be present, and the 5
county board of elections shall authorize representatives of the news media to 6
observe. 7
(c) No person shall publicize any tallies or counts of these ballots, or any partial 8
election results, until 7 p.m.[6 p.m.] local time, on the day of a primary or an 9
election. 10
(5) After the challenges have been made and all the blank secrecy envelopes have been 11
placed in a ballot box, the box shall be thoroughly shaken or shuffled to redistribute 12
the absentee ballots in the box to ensure secrecy of the vote. The board shall open 13
the ballot box, remove the absentee ballots from the secrecy envelopes, and count 14
the ballots. 15
(6) The board shall unlock any voting equipment used to cast in-person absentee 16
ballots, as provided for in KRS 117.086, and a total of all in-person absentee ballots 17
shall be made and recorded on the form provided by the State Board of Elections. 18
(7) The county board of elections, the county clerk, and all individuals permitted to be 19
present for the counting of absentee ballots pursuant to subsection (4) of this section 20
shall not make public the absentee ballot results determined as provided in this 21
section until 7 p.m.[6 p.m.] prevailing time on the day of a primary or an election. 22
Section 8. KRS 117.225 is amended to read as follows: 23
(1) Any person desiring to vote on election day shall give his or her name and address 24
to the clerk of the election and shall provide proof of identification as defined in 25
KRS 117.001. 26
(2) A voter who votes in person at a precinct polling place that is located at a state-27 UNOFFICIAL COPY 22 RS BR 1413
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licensed care facility where the voter resides is not required to provide proof of 1
identification, as defined in KRS 117.001, before voting in a primary or an election. 2
(3) If the voter's name is listed on the precinct list furnished by the State Board of 3
Elections as provided in KRS 117.025, the voter provides proof of identification, 4
the voter is exempt pursuant to subsection (2) of this section, or the voter otherwise 5
satisfies the requirements of KRS 117.228, and if no challenge is made, then he or 6
she shall sign his or her name on the precinct list in the space opposite his or her 7
printed name. The voter's signature shall constitute the voter's verification that the 8
voter is a properly registered and qualified voter. If the person's name is not listed 9
on the precinct list furnished by the State Board of Elections, the precinct officer 10
shall offer the person the opportunity to register to vote as provided by Section 2 11
of this Act, and the voter shall indicate his or her party registration on the form. 12
The voter shall then retire alone to cast his or her vote on the ballot provided. The 13
county board of elections may provide to each precinct the original registration form 14
of each voter entitled to vote in that precinct. These forms shall be used to compare 15
signatures in those precincts to which the forms are provided. 16
(4) If supplemental paper ballots are used, as provided in KRS 118.215, after voting 17
using the voting equipment, the voter shall take the supplemental paper ballot with 18
the stub intact and retire alone to the voting booth provided for voting paper ballots. 19
After voting the supplemental paper ballot, the voter shall remove the numbered 20
stub, hand the stub to an election officer and deposit the voted supplemental paper 21
ballot in the locked supplemental paper ballot box in the presence of a precinct 22
election officer. 23
Section 9. KRS 117.365 is amended to read as follows: 24
Upon the first day a grand jury convenes after a primary, regular election, or special 25
election, the county clerk shall present to the grand jury all voter assistance forms, all 26
voter and election official affirmations, all applications for voter registration that are 27 UNOFFICIAL COPY 22 RS BR 1413
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completed at the precinct, and all applications for absentee ballots which shall have been 1
completed in the immediately preceding primary, regular election, or special election. The 2
county clerk may photocopy applications for absentee ballots, voter and election official 3
affirmations, applications for voter registration that are completed at the precinct, and 4
voter assistance forms, certify them as true copies of the originals, and present the grand 5
jury with those certified copies instead of the originals. The county clerk shall retain all 6
applications for absentee ballots, voter and election official affirmations, all applications 7
for voter registration that are completed at the precinct, and one (1) copy of each voter 8
assistance form as part of the records of the office and shall produce certified copies of 9
any or all of them, when required, to any subsequent grand jury. 10
Section 10. KRS 118.035 is amended to read as follows: 11
(1) The polls shall be opened on the day of a primary, special election, or regular 12
election at 6 a.m., prevailing time, and shall remain open until each voter who is 13
waiting in line at the polls at 7 p.m.[6 p.m.], prevailing time, has voted. At 7 p.m.[6 14
p.m.], prevailing time, if voters are waiting at the polls to vote, the precinct election 15
sheriff shall announce that a voter wishing to vote must immediately get in line. 16
When all voters waiting at the polls at that time are in line, the precinct election 17
sheriff shall then determine which voter is the last in line, and that voter shall be the 18
last voter permitted to vote. The precinct election sheriff shall wait in line with the 19
last voter who shall be permitted to vote until that voter has voted and shall inform 20
a voter who subsequently arrives at the polls that no one shall be permitted to vote 21
after the last voter in line at 7 p.m.[6 p.m.], prevailing time. After the last voter 22
waiting in line at 7 p.m.[6 p.m.], prevailing time, has voted, the polls shall then be 23
closed. 24
(2) As provided in Section 148 of the Constitution of Kentucky, any person entitled to a 25
vote at any election in this state shall, if he has made application for leave prior to 26
the day he appears before the county clerk to request an application for or to execute 27 UNOFFICIAL COPY 22 RS BR 1413
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an absentee ballot, be entitled to absent himself from any services or employment in 1
which he is then engaged or employed for a reasonable time, but not less than four 2
(4) hours on the day he appears before the clerk to request an application for or to 3
execute an absentee ballot, during normal business hours of the office of the clerk 4
or to cast his ballot on the day of the election between the time of opening and 5
closing the polls. The employer may specify the hours during which an employee 6
may absent himself. 7
(3) No person shall be penalized for taking a reasonable time off to vote, unless, under 8
circumstances which did not prohibit him from voting, he fails to vote. Any 9
qualified voter who exercises his right to voting leave under this section but fails to 10
cast his vote, under circumstances which did not prohibit him from voting, may be 11
subject to disciplinary action. 12
(4) Any person selected to serve as an election officer shall be entitled to absent himself 13
from any services or employment in which he is then engaged or employed for a 14
period of an entire day to attend training or to serve as an election officer. The 15
person shall not, because of so absenting himself, be liable to any penalty. The 16
employer may specify the hours during which the employee may absent himself. No 17
person shall refuse an employee the privilege hereby conferred, or discharge or 18
threaten to discharge an employee or subject an employee to a penalty, because of 19
the exercise of the privilege. 20