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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 116.013 is amended to read as follows: 3
As used in this chapter, unless context otherwise requires: 4
(1) "Absentee ballot" means any ballot used to cast a vote during an election at a 5
time other than the day of an election, which may include a mail-in absentee 6
ballot, in-person absentee ballot, a federal provisional absentee ballot, and a 7
multilingual absentee ballot; 8
(2) "Ballot" or "official ballot" means the official presentation of offices and 9
candidates to be voted for, including write-in candidates, and all public questions 10
submitted for determination, and shall include a voting machine ballot, a paper 11
ballot, an absentee ballot, a federal provisional ballot, a federal provisional 12
absentee ballot, a multilingual ballot, a multilingual absentee ballot, or a 13
supplemental paper ballot which has been authorized for the use of voters in any 14
primary, regular election, or special election by the Secretary of State or the 15
county clerk; 16
(3) "Multilingual ballot" or "multilingual absentee ballot" means a ballot that is 17
fully translated into a language other than English, or both English and a 18
language other than English, for each language in the state that has at least two 19
thousand (2,000) citizens who are seventeen (17) years or older who speak 20
English less than very well, as determined by the United States Bureau of the 21
Census American Community Survey or comparable Census data; 22
(4) "Election" or "elections" means any primary, regular election, or special 23
election; 24
(5) "Multilingual voter registration form" means a voter registration form that is 25
fully translated into a language other than English, or both English and a 26
language other than English, for each language in the state that has at least two 27 UNOFFICIAL COPY 22 RS BR 81
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thousand (2,000) citizens who are seventeen (17) years or older who speak 1
English less than very well, as determined by the United States Bureau of the 2
Census American Community Survey or comparable Census data; and 3
(6) "Voter" means any name contained in any voter registration list[ 4
Unless the context otherwise requires, the word "voter" means any name contained in any 5
registration list]. 6
Section 2. KRS 116.045 is amended to read as follows: 7
(1) Any person may register as a voter during the period registration is open if he or she 8
possesses, or will possess on the day of the next regular election, the qualifications 9
set forth in KRS 116.025. 10
(2) The county clerk shall cause all registration to be closed the fourth Tuesday 11
preceding through the first Monday following any primary or general election, and 12
the twenty-eight (28) days prior to and seven (7) days following any special 13
election. If the last day of registration falls on a state or federal holiday, the period 14
runs until the end of the next day which is not a Saturday or Sunday nor a state or 15
federal holiday. During the period that registration is closed, the county clerk may 16
accept and process registrations. Any voter who registers during the period that 17
registration is closed, except for any registered voter who transfers his or her 18
registration pursuant to KRS 116.085(2) or (3), shall not be permitted to vote in the 19
upcoming election. 20
(3) In all counties, the county clerk shall receive registrations, transfers, or changes of 21
party affiliation at branch offices at any place in the county during those periods that 22
the registration books are open except for those transfers pursuant to KRS 23
116.085(2) or 116.085(3). However, notice in the manner provided by KRS Chapter 24
424 shall be given at least three (3), but not more than fourteen (14), days in 25
advance of the time and place of any branch registration, and ten (10) days' written 26
notice shall be given to the county executive committee of each major political 27 UNOFFICIAL COPY 22 RS BR 81
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party in the county in which the branch registration is to be held. 1
(4) Any person may register to vote or may change his or her party affiliation in any of 2
the following ways: 3
(a) In person; 4
(b) By mail; 5
(c) By means of the federal post card application, if the person is a resident of 6
Kentucky and a member of the Armed Forces, or a dependent of members of 7
the Armed Forces, or overseas citizen; 8
(d) By mail-in application form prescribed by the Election Assistance 9
Commission pursuant to the National Voter Registration Act of 1993; or 10
(e) By other methods of registration, or reregistration, approved by the State 11
Board of Elections, including the use of voluntary interested groups and 12
political parties, under the proper supervision and directions of the county 13
clerk, which may include door to door canvassing. 14
(5) Upon receipt of the form prescribed by the State Board of Elections or the Election 15
Assistance Commission pursuant to the National Voter Registration Act of 1993, 16
properly filled out and signed by the applicant, the county clerk shall register the 17
applicant. 18
(6) Any individual or group shall have access to a reasonable number of voter 19
registration forms including the mail-in application form prescribed by the Election 20
Assistance Commission pursuant to the National Voter Registration Act of 1993 in 21
the county clerk's office. The individual or group shall act under the proper 22
supervision and directions of the county clerk and shall return these completed 23
forms to the county clerk for official registration by the county clerk. 24
(7) No later than December 31, 1994, the Transportation Cabinet shall equip all driver's 25
license agencies to comply with the provisions of the National Voter Registration 26
Act of 1993. The Secretary of State shall provide assistance and interpretation to the 27 UNOFFICIAL COPY 22 RS BR 81
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Transportation Cabinet in determining the requirements of the National Voter 1
Registration Act of 1993. 2
(8) (a) The State Board of Elections shall create and make available a multilingual 3
voter registration form. 4
(b) The form shall be prominently displayed on the State Board of Elections 5
Web site in a downloadable format to be completed and returned to the 6
county clerk, or completed and submitted by means of online transmission 7
for official registration. 8
(c) Printed multilingual voter registration forms shall be provided to county 9
clerks upon request by the county clerk. 10
(d) The State Board of Elections shall promulgate administrative regulations 11
pursuant to KRS Chapter 13A for creating, furnishing, and processing 12
completed multilingual voter registration forms. 13
(9)[(8)] The county clerk shall enter the specific party identification of the voter with a 14
political party, political organization, or political group as defined in KRS 118.015, 15
or independent status, as indicated by the voter on the voter registration form, into 16
the statewide voter registration system. The State Board of Elections shall 17
promulgate regulations under KRS Chapter 13A to provide for tracking of the 18
registration of voters identifying with political organizations and political groups as 19
defined in KRS 118.015, and voters of independent status. 20
Section 3. KRS 117.001 is amended to read as follows: 21
As used in this chapter, unless the context otherwise requires: 22
(1) "Absentee ballot" means any ballot used to cast a vote during an election at a 23
time other than the day of an election, which may include a mail-in absentee 24
ballot, in-person absentee ballot, a federal provisional absentee ballot, and a 25
multilingual absentee ballot; 26
(2)[(1)] "Audit log" means a detailed record of all actions and events that have 27 UNOFFICIAL COPY 22 RS BR 81
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occurred on the voting system, including: 1
(a) Log-in attempts with username and time stamp; 2
(b) Election definition and setup; 3
(c) Ballot preparation and results processing; 4
(d) Diagnostics of any type; and 5
(e) Error and warning messages and operator response; 6
(3)[(2)] "Automatic tabulating equipment" means apparatus necessary to automatically 7
examine and count votes as designated on ballots and data processing machines 8
which can be used for counting ballots and tabulating results; 9
(4)[(3)] "Ballot" or "official ballot" means the official presentation of offices and 10
candidates to be voted for, including write-in candidates, and all public questions 11
submitted for determination, and shall include a voting machine ballot, a paper 12
ballot, an absentee ballot, a federal provisional ballot, a federal provisional absentee 13
ballot, a multilingual ballot, a multilingual absentee ballot, or a supplemental 14
paper ballot which has been authorized for the use of voters in any primary, regular 15
election, or special election by the Secretary of State or the county clerk; 16
(5)[(4)] "Ballot box" means any box, bag, or other container that can be locked, 17
sealed, or otherwise rendered tamper-resistant, for receiving ballots; 18
(6)[(5)] "Ballot marking device" means any approved device for marking a ballot 19
which will enable the ballot to be tabulated manually or by means of automatic 20
tabulating equipment; 21
(7)[(6)] "Election" or "elections" means any primary, regular election, or special 22
election; 23
(8)[(7)] "Federal provisional voter" means a person: 24
(a) Who does not appear to be registered to vote; 25
(b) Whose name does not appear on the precinct roster; 26
(c) Who has not provided proof of identification to the precinct election officer 27 UNOFFICIAL COPY 22 RS BR 81
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before voting in a federal election; and 1
(d) Who elects to proceed with voting a federal provisional ballot under KRS 2
117.229; 3
(9)[(8)] "Federal provisional ballot" or "federal provisional absentee ballot" means 4
ballots which have been authorized by the Secretary of State or the county clerk to 5
be used by federal provisional voters in any federal primary or election; 6
(10)[(9)] "Inner envelope" or "secrecy envelope" means the envelope provided to the 7
voter with a ballot into which the voter shall place his or her voted ballot; 8
(11)[(10)] "Multilingual ballot" or "multilingual absentee ballot" means a ballot that 9
is fully translated into a language other than English, or both English and a 10
language other than English, for each language in the state that has at least two 11
thousand (2,000) citizens who are seventeen (17) years or older who speak 12
English less than very well, as determined by the United States Bureau of the 13
Census American Community Survey or comparable Census data; 14
(12) "Multilingual ballot hotline" means a telephone hotline that provides access to a 15
qualified translator or interpreter in each of the languages in the state that has at 16
least two thousand (2,000) citizens who are seventeen (17) years or older who 17
speak English less than very well, as determined by the United States Bureau of 18
the Census American Community Survey or comparable Census data; 19
(13) "Multilingual voter registration form" means a voter registration form that is 20
fully translated into a language other than English, or both English and a 21
language other than English, for each language in the state that has at least two 22
thousand (2,000) citizens who are seventeen (17) years or older who speak 23
English less than very well, as determined by the United States Bureau of the 24
Census American Community Survey or comparable Census data; 25
(14) "Political group" has the same meaning as in KRS 118.015; 26
(15)[(11)] "Political organization" has the same meaning as in KRS 118.015; 27 UNOFFICIAL COPY 22 RS BR 81
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(16)[(12)] "Precinct ballot counter" means an automatic tabulating device used at the 1
precinct to tabulate and process ballots; 2
(17)[(13)] "Proof of identification" means a document that was issued by: 3
(a) The United States or the Commonwealth of Kentucky, and the document 4
contains: 5
1. The name of the individual to whom the document was issued; and 6
2. A photograph of the individual to whom the document was issued; 7
(b) The United States Department of Defense, a branch of the uniformed services, 8
the Merchant Marine, or the Kentucky National Guard, and the document 9
contains: 10
1. The name of the individual to whom the document was issued; and 11
2. A photograph of the individual to whom the document was issued; 12
(c) A public or private college, university, or postgraduate technical or 13
professional school located within the United States, and the document 14
contains: 15
1. The name of the individual to whom the document was issued; and 16
2. A photograph of the individual to whom the document was issued; or 17
(d) Any city government, county government, urban-county government, charter 18
county government, consolidated local government, or unified local 19
government, which is located within this state, and the document 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
(18) "Qualified translator" or "interpreter" means a translator or interpreter, as 23
determined by the State Board of Elections, who is: 24
(a) Screened and tested for proficiency in both verbal and written English, and 25
the required language, with affiliation or accreditation by a nationally 26
recognized association of translators, has other credentials, or certifications 27 UNOFFICIAL COPY 22 RS BR 81
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that are comparable to or exceed the standards used by a nationally 1
recognized association of translators; and 2
(b) Able to produce translations that are linguistically accurate, culturally 3
appropriate, and technically consistent with original documents; 4
(19)[(14)] "Risk-limiting audit" means an audit protocol that makes use of statistical 5
principles and methods and is designed to limit to acceptable levels the risk of 6
certifying a preliminary election outcome that constitutes an incorrect outcome; 7
(20) "Voter" means any name contained in any voter registration list; 8
(21)[(15)] "Voting booth" or "ballot completion area" means an area in which a voter 9
casts his or her vote or completes his or her ballot which is designed to ensure the 10
secrecy of the vote; 11
(22)[(16)] "Vote center" means a consolidated precinct of the county; 12
(23)[(17)] "Voting equipment" means any physical component of a voting system and 13
includes voting machines where voting machines are in operation; 14
(24)[(18)] "Voting machine" or "machine" means a part of a voting system that consists 15
of: 16
(a) A direct recording electronic voting machine that: 17
1. Records votes by means of a ballot display provided with mechanical or 18
electro-operated components that may be actuated by the voter; 19
2. Processes the data by means of a computer program; 20
3. Records voting data and ballot images in internal and external memory 21
components; and 22
4. Produces a tabulation of the voting data stored in a removable memory 23
component and on a printed copy; or 24
(b) One (1) or more electronic devices that operate independently or as a 25
combination of a ballot marking device and an electronic or automatic vote 26
tabulation device; 27 UNOFFICIAL COPY 22 RS BR 81
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(25)[(19)] "Voting system" means: 1
(a) The total combination of physical, mechanical, electromechanical, or 2
electronic equipment, including the software, hardware, firmware, and 3
documentation required to program, control, and support that equipment, that 4
is used to: 5
1. Define ballots; 6
2. Cast and count votes; 7
3. Report or display election results; and 8
4. Maintain and produce any audit trail information; and 9
(b) The practices and associated documentation used to: 10
1. Identify system components and versions of those components; 11
2. Test the system during its development and maintenance; 12
3. Maintain records of system errors and defects; 13
4. Determine specific system changes to be made to a system after the 14
initial qualification of the system; and 15
5. Make available any materials to the voter, such as notices, instructions, 16
forms, or paper ballots; and 17
(26)[(20)] "Voter-verified paper audit trail" means a contemporaneous paper record of a 18
ballot printed for the voter to confirm his or her votes before the voter casts his or 19
her ballot that: 20
(a) Allows the voter to verify the voter's ballot choices before the casting of the 21
voter's ballot; 22
(b) Is not retained by the voter; 23
(c) Does not contain individual voter information; 24
(d) Is produced on paper that is sturdy, clean, and resistant to degradation; and 25
(e) Is readable in a manner that makes the voter's ballot choices obvious to the 26
voter or any person without the use of computer or electronic code. 27 UNOFFICIAL COPY 22 RS BR 81
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Section 4. KRS 117.025 is amended to read as follows: 1
(1) The State Board of Elections shall appoint an executive director, who shall be the 2
chief administrative officer for the board. The board shall also appoint an assistant 3
director, who shall be of a different political party than the director. The salaries of 4
the director and the assistant director shall be set by the board. 5
(2) The State Board of Elections shall employ, on a bipartisan basis, a staff sufficient to 6
carry out the duties assigned to the board, including legal counsel and a training 7
officer to provide assistance to the county clerks and the county boards of elections 8
in their training of precinct election officers. 9
(3) The board shall: 10
(a) Maintain a complete roster of all qualified registered voters within the state by 11
county and precinct, and institute appropriate safeguards to ensure that there is 12
no inappropriate use of the voter registration roster. State and local election 13
officials, including the Secretary of State, employees of the Secretary, and 14
members of the State Board of Elections and their staff, shall only use the 15
voter registration roster for purposes relevant to their prescribed duties of 16
election administration. The Secretary of State, and two (2) employees of the 17
Secretary, who may be designated by the Secretary with explicit written 18
authority and notification to the board, shall have electronic access to the 19
information contained within the voter registration roster, but shall not 20
correct, alter, or delete information from the voter registration roster, unless 21
having obtained prior approval by a majority of the voting members of the 22
board; 23
(b) For each primary, furnish each county clerk with a master list of all registered 24
voters in the county, together with three (3) signature rosters of all registered 25
voters in each precinct of the county according to party affiliation, and two (2) 26
lists of all registered voters in each precinct of the county at least five (5) days 27 UNOFFICIAL COPY 22 RS BR 81
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prior to each primary; 1
(c) For each regular election, furnish each county clerk with a master list of all 2
registered voters in the county, together with one (1) signature roster of all 3
registered voters in each precinct of the county on which each voter's party 4
affiliation is identified, and two (2) lists of all registered voters in each 5
precinct of the county at least five (5) days prior to each regular election; 6
(d) Maintain all information furnished to the board relating to the inclusion or 7
deletion of names from the rosters for four (4) years; 8
(e) Furnish, at a reasonable price, the state central executive committee of each 9
political party qualifying under KRS 118.015 monthly data of all additions, 10
deletions and changes of registration in each precinct of each county and the 11
state central executive committee shall furnish a county listing to each of the 12
county executive committees of each political party; 13
(f) Purchase, lease or contract for the use of equipment necessary to properly 14
carry out its duties under the provisions of this chapter and KRS Chapters 116 15
and 118; 16
(g) Secure information from any source which may assist the board in carrying 17
out the purposes of this section; 18
(h) Furnish at a reasonable price any and all precinct lists to duly qualified 19
candidates, political party committees or officials thereof, or any committee 20
that advocates or opposes an amendment or public question. The State Board 21
of Elections may also furnish the precinct lists to other persons at the board's 22
discretion, at a reasonable price to be determined by the board. The board 23
shall not furnish precinct lists to persons who intend to use the lists for 24
commercial use; and 25
(i) Be responsible for oversight of board personnel, including hiring, 26
investigations, disciplinary actions, promotions, and other like actions subject 27 UNOFFICIAL COPY 22 RS BR 81
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to KRS Chapter 18A. 1
(4) (a) The State Board of Elections shall establish a multilingual ballot hotline for 2
use during the regular election held in November 2022, and for every 3
subsequent election thereafter. 4
(b) Additional languages for translation or interpretation may be included 5
within the scope of the multilingual ballot hotline as determined by the 6
State Board of Elections. 7
(c) Notice of the multilingual ballot hotline shall be prominently and 8
permanently displayed on the board's Web site. The initial notice of the 9
hotline shall be displayed not later than eight (8) weeks prior to the regular 10
election held in November 2022. 11
(d) The multilingual ballot hotline shall be available to voters and election 12
officials for use at least forty-five (45) days prior to any election Monday 13
through Friday between the hours of 8 a.m. to 6 p.m., local time. The 14
Saturday prior to the day of any election, the hotline shall offer additional 15
availability to voters for use between the hours of 8 a.m. to 6 p.m., local 16
time. During the day of any election, the hotline shall be available to voters 17
for use between the hours of 6 a.m. to at least one (1) additional hour past 18
the local time for the closing of the polls. 19
(e) Each qualified translator or interpreter shall provide assistance with the 20
translation of any ballot, any accompanying materials, or answer any 21
questions necessary for a voter to cast his or her vote, but shall not provide 22
explanations of or arguments for or against any candidate or public 23
question that is included on the ballot. 24
(f) The State Board of Elections may promulgate administrative regulations in 25
accordance with KRS Chapter 13A to create and administer the 26
multilingual ballot hotline. 27 UNOFFICIAL COPY 22 RS BR 81
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Section 5. KRS 117.030 is amended to read as follows: 1
(1) The State Board of Elections shall publish and broadcast announcements throughout 2
the state regarding the importance of voting in a free and conscientious manner, 3
procedures for registering to vote and voting, absentee voting, general election 4
laws, the availability of a multilingual ballot hotline, multilingual voter 5
registration forms, multilingual ballots, multilingual absentee ballots, and 6
penalties for vote buying and selling. 7
(2) The State Board of Elections shall provide for the conspicuous placement of signs 8
at all precinct polling places, which shall state that vote buying and selling are 9
illegal and shall state the penalties for such acts. 10
(3) The State Board of Elections shall provide for the conspicuous placement of signs 11
at all precinct polling places, which display the telephone number and mailing 12
address of the county board of elections, the availability of a multilingual ballot, 13
the multilingual ballot hotline, and information informing[which inform the] 14
voters of their right to report any administrative or clerical errors they witness to the 15
county board of elections, either by phone or in writing within ten (10) days after 16
the election. 17
Section 6. KRS 117.085 is amended to read as follows: 18
(1) (a) All requests for a mail-in absentee ballot, including a multilingual mail-in 19
absentee ballot, shall be requested through a secure online portal established 20
by the State Board of Elections, except for: 21
1. Voters identified in KRS 117.077; 22
2. Disabled voters; and 23
3. Covered voters in paragraph (i) of this subsection; 24
who have the additional option of requesting a mail-in absentee ballot 25
application through the county clerk. 26
(b) Acquiring a mail-in absentee ballot by means of the online portal shall require 27 UNOFFICIAL COPY 22 RS BR 81
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the voter to input personally identifiable information for verification. 1
(c) For those voters who do not have the means of accessing the online portal, the 2
county clerk shall fulfill a request for a mail-in absentee ballot by taking the 3
voter's information over the telephone or in person and directly inputting that 4
information into the secure online portal. 5
(d) The online portal shall have the capacity to ensure the identity of the voter 6
through proof of identification as required under KRS 117.227 or by means of 7
KRS 117.228. 8
(e) If a voter qualifies to receive a mail-in absentee ballot, the online portal shall 9
transmit the mail-in absentee ballot request to the county clerk of the county in 10
which the voter is registered to vote. 11
(f) The online portal shall not be open or permit any mail-in ballot requests to 12
occur more than forty-five (45) days immediately preceding the day of a 13
primary or an election. The online portal shall close at 11:59 p.m. local time, 14
fourteen (14) days immediately preceding the day of a primary or an election. 15
(g) Except as otherwise provided in KRS 117.077, the mail-in absentee ballot 16
may be requested by the voter or the spouse, parents, or children of the voter, 17
but shall be restricted to the use of the voter. 18
(h) Except as otherwise provided in KRS 117.077 and covered voters in 19
paragraph (i) of this subsection, a qualified voter may apply to cast his or her 20
vote by mail-in absentee ballot if the completed application is received 21
fourteen (14) days before the election, and if the voter is: 22
1. A resident of Kentucky who is a covered voter as defined in KRS 23
117A.010; 24
2. A student who temporarily resides outside the county of his or her 25
residence; 26
3. Incarcerated in jail and charged with a crime, but has not been convicted 27 UNOFFICIAL COPY 22 RS BR 81
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of the crime; 1
4. Changing or has changed his or her place of residence to a different state 2
while the registration books are closed in the new state of residence 3
before an election of electors for President and Vice President of the 4
United States, in which case the voter shall be permitted to cast a mail-in 5
absentee ballot for electors for President and Vice President of the 6
United States only; 7
5. Temporarily residing outside the state but still eligible to vote in this 8
state; 9
6. Prevented from voting in person at the polls on election day and from 10
casting an in-person absentee ballot on all days in-person absentee 11
voting is conducted because his or her employment location requires 12
him or her to be absent from the county of his or her residence all hours 13
and all days in-person absentee voting is conducted; 14
7. A participant in the Secretary of State's crime victim address 15
confidentiality protection program as authorized by KRS 14.312; or 16
8. Not able to appear at the polls on election day or the days in-person 17
absentee voting is conducted on the account of age, disability, or illness, 18
and who has not been declared mentally disabled by a court of 19
competent jurisdiction. 20
(i) Residents of Kentucky who are covered voters as defined in KRS 117A.010 21
may apply for a mail-in absentee ballot by means of the federal post-card 22
application, which may be transmitted to the county clerk's office by mail, by 23
facsimile machine, or by means of the electronic transmission system 24
established under KRS 117A.030(4). The federal post-card application may be 25
used to register, reregister, and to apply for a mail-in absentee ballot. If the 26
federal post-card application is received at any time not less than seven (7) 27 UNOFFICIAL COPY 22 RS BR 81
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days before the election, the county clerk shall affix his or her seal to the 1
application form upon receipt. 2
(j) Any voter who is disabled may use an accessible mail-in absentee ballot portal 3
to request a mail-in absentee ballot, the standards of which shall be set by the 4
State Board of Elections pursuant to administrative regulations promulgated 5
under KRS Chapter 13A. 6
(2) In-person absentee voting shall be conducted in the county clerk's office or other 7
place designated by the county board of elections and approved by the State Board 8
of Elections during normal business hours on the Thursday, Friday, and Saturday 9
immediately preceding the day of a primary or an election. Any voter who is 10
qualified to vote on election day in the county of his or her residence may choose to 11
cast an in-person absentee ballot while in-person absentee voting is being conducted 12
during the days listed in this subsection. The voter who elects to vote in-person 13
absentee shall provide proof of identification as defined in KRS 117.001 or meet 14
the requirements of KRS 117.228 and 117.229. 15
(3) The members of the county board of elections or their designees who provide equal 16
representation of both political parties may serve as precinct election officers, 17
without compensation, for all in-person absentee voting conducted. If the members 18
of the county board of elections or their designees serve as precinct election officers 19
for in-person absentee voting, they shall perform the same duties and exercise the 20
same authority as precinct election officers who serve on the day of an election. If 21
the members of the county board of elections or their designees do not serve as 22
precinct election officers for in-person absentee voting, the county clerk or deputy 23
county clerks shall supervise the in-person absentee voting. 24
(4) Any individual qualified to appoint challengers for the day of an election may also 25
appoint challengers to observe all in-person absentee voting, and those challengers 26
may exercise the same privileges as challengers appointed for observing voting on 27 UNOFFICIAL COPY 22 RS BR 81
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the day of an election at a regular polling place. 1
(5) For those voters who are eligible to receive a mail-in absentee ballot by means other 2
than the secure online portal pursuant to subsection (1) of this section, the county 3
clerk shall type the name of the voter permitted to vote by mail-in absentee ballot on 4
the mail-in absentee ballot application for that person's use and no other. The mail-5
in absentee ballot application shall be in the form prescribed by the State Board of 6
Elections, which shall include the voter affirmation form as prescribed in KRS 7
117.228(1)(c) and shall contain the following information: name, residential 8
address, precinct, party affiliation, statement of the reason the person cannot vote in 9
person on election day, statement of where the voter shall be on election day, 10
statement of compliance with residency requirements for voting in the precinct, an 11
instructional statement prescribing the requirements for providing a copy of the 12
voter's proof of identification or voter affirmation when applicable, and the voter's 13
mailing address for a mail-in absentee ballot. The mail-in absentee ballot 14
application form shall be verified and signed by the voter, and the voter shall 15
provide a copy of his or her proof of identification, as defined in KRS 117.001, or 16
the executed voter affirmation as described in KRS 117.228(1)(c). A notice of the 17
actual penalty provisions in KRS 117.995(2) and (5) shall be printed on the mail-in 18
absentee ballot application form. 19
(6) For those voters eligible to receive a mail-in absentee ballot, if the county clerk 20
finds that the voter has completed and submitted an application for a mail-in 21
absentee ballot as provided in this section, is properly registered as stated in his or 22
her mail-in absentee ballot application, and qualifies to receive a mail-in absentee 23
ballot by mail, the county clerk shall mail to the voter a mail-in absentee ballot, two 24
(2) official envelopes for returning the mail-in absentee ballot, and instructions for 25
voting. 26
(7) Mail-in absentee ballots shall be mailed to a voter's residential address located in 27 UNOFFICIAL COPY 22 RS BR 81
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the county in which the voter is registered, except for: 1
(a) Qualified voters who apply pursuant to the requirements of subsection (1)(h)1. 2
to 6. of this section; or 3
(b) Qualified voters covered under KRS 117.077. 4
(8) The county clerk shall: 5
(a) Transmit a mail-in absentee ballot to the voter who is eligible to receive a 6
mail-in absentee ballot within four (4) days of receipt or within four (4) days 7
of the ballots being available; 8
(b) Cause mail-in absentee ballots to be printed fifty (50) days prior to each 9
primary or regular election, and forty-five (45) days prior to a special election; 10
and 11
(c) Complete a postal form for a certificate of mailing for mail-in absentee ballots 12
mailed within the fifty (50) states, and it shall be stamped by the postal service 13
when the mail-in absentee ballots are mailed. Unless a postal form for a 14
certificate of mailing is required, the county clerk may use methods of 15
tracking the mail-in absentee ballots by means of a printed barcode or other 16
label that is unique to the individual voter issued by the State Board of 17
Elections pursuant to administrative regulations promulgated under KRS 18
Chapter 13A. 19
(9) A mail-in absentee ballot may be transmitted by facsimile machine or by the 20
electronic transmission system established under KRS 117A.030(4) to a covered 21
voter as defined in KRS 117A.010. The covered voter shall be notified of the 22
options for transmittal of the mail-in absentee ballot, and the mail-in absentee ballot 23
shall be transmitted by the method chosen for receipt by the resident of Kentucky 24
who is a covered voter. 25
(10) The outer envelope of the mail-in absentee ballot shall bear the words "Absentee 26
Ballot", the address and official title of the county clerk, a printed barcode or other 27 UNOFFICIAL COPY 22 RS BR 81
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label that is unique to the individual voter issued by the State Board of Elections, 1
and adequate space for the voter's signature, voting address, precinct number, and 2
signatures of two (2) witnesses if the voter signs the form with the use of a mark 3
instead of the voter's signature. A detachable flap on the secrecy envelope shall 4
provide space for the voter's signature, voting address, precinct number, signatures 5
of two (2) witnesses if the voter signs the form with the use of a mark instead of the 6
voter's signature and notice of penalty provided in KRS 117.995(5). The county 7
clerk shall type the voter's address and precinct number in the upper left hand corner 8
of the outer envelope and of the detachable flap on the secrecy envelope 9
immediately below the blank space for the voter's signature. The secrecy envelope 10
shall be blank. If applicable, the county clerk shall retain the voter's mail-in ballot 11
application, which shall include the photographed copy of the voter's proof of 12
identification or the voter affirmation as prescribed by KRS 117.228(1)(c), and the 13
postal form required by subsection (8) of this section for twenty-two (22) months 14
after the primary or election. 15
(11) Except as otherwise provided in subsection (13) of this section, any person who has 16
received a mail-in absentee ballot but who knows at least seven (7) days before the 17
date of the election that he or she will be in his or her county of residence on 18
election day and who has not voted pursuant to the provisions of KRS 117.086 shall 19
cancel his or her mail-in absentee ballot and vote in person. The voter shall return 20
the mail-in absentee ballot to the county clerk's office by mail or hand delivery no 21
later than seven (7) days prior to the date of the election. Upon the return of the 22
mail-in absentee ballot, the county clerk shall mark on the outer envelope of the 23
sealed ballot or the unmarked ballot the words "Canceled because voter appeared to 24
vote in person." Sealed envelopes so marked shall not be opened. The county clerk 25
shall remove the voter's name from the list of persons who were sent mail-in 26
absentee ballots, and the voter may vote in the precinct in which he or she is 27 UNOFFICIAL COPY 22 RS BR 81
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properly registered. 1
(12) Any voter qualified for a mail-in absentee ballot who does not receive a requested 2
mail-in absentee ballot within a reasonable amount of time shall contact the county 3
clerk, who shall reissue a second mail-in absentee ballot. The county clerk shall 4
keep a record of the mail-in absentee ballots issued and returned by mail, hand-5
delivered, or placed in a secure drop-box or receptacle, and the in-person absentee 6
voting and federal in-person provisional absentee voting that is conducted, to verify 7
that only the first voted ballot is counted. Upon the return of any mail-in absentee 8
ballot after the first mail-in absentee ballot is returned, the county clerk shall mark 9
on the outer envelope of the sealed ballot the words "Canceled because ballot 10
reissued." 11
(13) Any covered voter as defined in KRS 117A.010 who has received a mail-in 12
absentee ballot but who knows that he or she will be in the county on election day 13
and who has not voted pursuant to the provisions of KRS 117.086 shall cancel his 14
or her mail-in absentee ballot and vote in person. The voter shall return the mail-in 15
absentee ballot to the county clerk's office on or before election day. Upon the 16
return of the mail-in absentee ballot, the county clerk shall mark on the outer 17
envelope of the sealed mail-in absentee ballot or the unmarked mail-in absentee 18
ballot the words "Canceled because voter appeared to vote in person." Sealed 19
envelopes so marked shall not be opened. If the covered voter is unable to return the 20
mail-in absentee ballot to the county clerk's office on or before election day, at the 21
time he or she votes in person, he or she shall sign a written oath as to his or her 22
qualifications on the form prescribed by the State Board of Elections pursuant to 23
KRS 117.245. The county clerk shall remove the voter's name from the list of 24
persons who were sent mail-in absentee ballots, provide the voter with written 25
authorization to vote at the precinct, and the voter may vote in the precinct in which 26
he or she is properly registered. 27 UNOFFICIAL COPY 22 RS BR 81
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(14) The State Board of Elections shall promulgate administrative regulations to: 1
(a) Ensure election officials have real-time knowledge of which voters have 2
requested mail-in absentee ballots; and 3
(b) Provide procedures to be followed if a voter attempts to vote more than once 4
at a primary or an election. 5
(15) Notwithstanding the provisions of the Kentucky Open Records Act, KRS 61.870 to 6
61.884, and except for when the identification of the voter is provided to the county 7
board of elections under KRS 117.087, the information contained in an application 8
for a mail-in absentee ballot shall not be made public until after the close of 9
business hours on the election day for which the application applies. Except for 10
necessary election officials and for election-related duties as prescribed by law, the 11
name of the person who votes by means of a mail-in absentee ballot shall not be 12
disclosed. This subsection shall not prohibit at any time the disclosure, upon 13
request, of the total number of applications for mail-in absentee ballots that have 14
been filed, or the disclosure to the Secretary of State or the State Board of Elections, 15
if requested or if otherwise required by law, of any information in an application for 16
a mail-in absentee ballot. 17
Section 7. KRS 117.125 is amended to read as follows: 18
Except for voting equipment that has been certified and in use on or before June 29, 2021, 19
no voting system shall be approved for use after June 29, 2021, by the State Board of 20
Elections, either upon initial examination or reexamination, unless the system has been 21
certified under KRS 117.379 and is so constructed that it shall: 22
(1) Ensure secrecy to the voter in the act of voting so that no person can see or know for 23
whom any other voter has voted or is voting, except for those voters requiring 24
assistance under KRS 117.255; 25
(2) Permit votes to be cast for any candidate entitled to have his or her name printed 26
upon the ballots at any primary, regular election, or special election, and for or 27 UNOFFICIAL COPY 22 RS BR 81
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against any public question entitled to be placed upon the ballots; 1
(3) Except at a primary, permit a voter to vote for all the candidates of one (1) party or 2
for one (1) or more candidates of every party having candidates entitled to be voted 3
for, or for one (1) or more independent, political organization, or political group 4
candidates; 5
(4) Permit a voter to vote for as many persons for an office as the voter is lawfully 6
entitled to vote for, and no more; 7
(5) Prevent a voter from voting for more persons for any office than the voter is entitled 8
to vote for, and from voting for the same person, or for or against the same 9
question, more than once; 10
(6) Permit a voter to vote for or against any question the voter may have the right to 11
vote on, but no other; 12
(7) Provide for a nonpartisan ballot; 13
(8) Be capable of being adjusted for use in a primary so that a voter may not vote for 14
any person except those seeking nomination as candidates of the voter's party, as 15
candidates for a nonpartisan office, or as candidates for an office of the Court of 16
Justice; 17
(9) Permit each voter to vote for all the candidates for presidential electors of any party 18
by one (1) operation; 19
(10) Permit each voter to vote, in any regular or special election, for any person for 20
whom the voter desires to vote whose name does not appear upon the ballot by 21
providing a method of write-in voting; 22
(11) Be safe, efficient, and accurate in the conduct of elections, and correctly register and 23
accurately count all votes cast for each person, and for or against each public 24
question; 25
(12) (a) Provide each voter an opportunity to verify votes recorded on the permanent 26
paper ballot, either visually or using assistive voting technology, by producing 27 UNOFFICIAL COPY 22 RS BR 81
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a voter-verified paper audit trail; 1
(b) Provide each voter an opportunity to change votes or correct any error before 2
the voter's ballot is cast and counted; and 3
(c) Provide a voter who spoils his or her ballot another ballot as provided under 4
this chapter; 5
(13) Use an individual, discrete, permanent, paper ballot cast by the voter for tabulating 6
purposes; 7
(14) Preserve the paper ballot as an official record available for use in any audit or 8
recount; 9
(15) Be suitably designed for the purpose used, constructed of a durable material, and 10
safely transportable; 11
(16) Be capable of determining whether the voting equipment has been unlocked and 12
operated or adjusted in any manner after once being locked; 13
(17) Have a public counter with a register which is visible from the outside of the 14
counter or device that will show at all times during an election how many persons 15
have voted; 16
(18) Have a protective cumulative counter indicating the number of votes cast for each 17
person, and the votes cast for or against each public question which cannot be seen, 18
reset, or tampered with without unlocking a covering device by a key or other 19
security apparatus that cannot unlock any other part of the equipment, and which 20
prevents changes to the cumulative counter once the system has been put into 21
operation on the day of any election; 22
(19) Provide for the tabulating of votes at the precinct as required under KRS 117.275; 23
(20) Provide locks or other security apparatus by which the operation of the voting 24
equipment may be locked before the time for opening the polls and after the time 25
for closing the polls; 26
(21) Permit a voter to readily learn the method of operating it, to expeditiously cast a 27 UNOFFICIAL COPY 22 RS BR 81
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vote for all candidates and on all questions of the voter's choice, and when operated 1
properly, register and record correctly and accurately every vote cast; 2
(22) Bear a number or other unique designation that will distinguish it from any other 3
voting equipment or voting system; 4
(23) Produce a real-time audit log record for the voting system, and produce a paper 5
record with a manual audit capacity which shall be available as an official record for 6
any recount conducted related to any primary or election in which the system is 7
used; 8
(24) Be accessible for individuals with impairments, including nonvisual accessibility 9
for the blind or visually impaired, in a manner that provides the same opportunity 10
for access and participation, including privacy and independence, as for other 11
voters; 12
(25) Permit the use of a multilingual ballot; 13
(26)[(25)] Meet or exceed the standards for a voting system established by the Election 14
Assistance Commission, as amended from time to time, and those approved under 15
KRS 117.379; and 16
(27)[(26)] Meet such other requirements as may be established by the State Board of 17
Elections in administrative regulations promulgated under KRS Chapter 13A to 18
reflect changes in technology to ensure the integrity and security of voting systems. 19
Section 8. KRS 117.145 is amended to read as follows: 20
(1) At least forty-five (45) days before any special election, and at least fifty (50) days 21
before any primary or regular election, the county clerk of each county shall cause 22
to be printed and ready for use ballots listing each candidate who, and each question 23
which, is entitled to be voted upon in such primary or election. The ballots shall be 24
printed on clear white paper or other material, in black ink, in plain, clear type 25
clearly legible to a person with normal vision, and shall include the necessary party 26
designations. The quality of the paper and the size of the ballots shall be established 27 UNOFFICIAL COPY 22 RS BR 81
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by the State Board of Elections in administrative regulations promulgated under 1
KRS Chapter 13A. 2
(2) Each county clerk shall have printed a sufficient number of paper absentee ballots, 3
multilingual ballots, multilingual absentee ballots, voter affirmations, and election 4
official affirmations, to be used for any primary or election. The ballots shall be 5
consecutively numbered and the county board shall keep a record, by number, of all 6
absentee ballots used for any of the purposes listed in this subsection. 7
(3) Each county clerk shall have printed a sufficient number of federal provisional 8
ballots, which, except for the candidates listed, shall have the same form as the 9
absentee ballots. A federal provisional ballot shall indicate that the ballot is a 10
federal provisional ballot. The federal provisional ballot stubs shall be 11
consecutively numbered, and the county board of elections shall keep a record, by 12
number, of all federal provisional ballots used for votes cast by provisional voters in 13
federal elections. 14
(4) Each county clerk shall have printed a sufficient number of paper ballots to be used 15
for voting for any primary or election. The methods of securing the integrity of the 16
ballots from the time of certification of each candidate and each question to be 17
voted upon in any primary or election until the conclusion of the primary or 18
election, and the method of tracking all voted, unvoted, or spoiled ballots shall be 19
established by the State Board of Elections in administrative regulations 20
promulgated under KRS Chapter 13A. 21
(5) No later than the Friday preceding a special or regular election, the county clerk 22
shall equip the voting equipment with the necessary supplies for the purpose of 23
write-in votes. The county clerk shall also provide a pencil, pen, or ballot marking 24
device for the voting equipment for write-in purposes. 25
(6) If supplemental paper ballots have been approved as provided in KRS 118.215, the 26
county clerk shall cause to be printed a sufficient number of supplemental paper 27 UNOFFICIAL COPY 22 RS BR 81
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ballots for the registered voters of each precinct. The supplemental paper ballots 1
shall have stubs which are numbered consecutively. 2
Section 9. KRS 117.175 is amended to read as follows: 3
(1) The county clerk shall, with the county attorney, prepare a sufficient number of 4
instruction cards containing instructions as to the proper method of voting by the 5
use of the voting equipment, and instructions as to the proper method of casting a 6
write-in vote. 7
(2) For federal provisional ballots and supplemental paper ballots, if approved as 8
provided in KRS 118.215, the instruction cards shall indicate the offices, 9
candidates, and questions which will appear on the federal provisional or 10
supplemental paper ballots, the offices that will appear on the federal provisional or 11
supplemental ballot, the instructions for marking and depositing the federal 12
provisional or supplemental paper ballots, instructions for filling out the federal 13
provisional or supplemental ballot, and instructions on how to properly execute the 14
voter affirmations. 15
(3) (a) A sufficient number of multilingual instruction cards shall be prepared in a 16
language other than English, or both English and a language other than 17
English, for each language in those counties who have at least two 18
thousand (2,000) citizens age seventeen (17) years or older, or two and one-19
half percent (2.5%) of citizens in the county age seventeen (17) years or 20
older, who speak English less than very well, as determined by the United 21
States Bureau of the Census American Community Survey or comparable 22
census data; 23
(b) The multilingual instruction cards shall include the same content that is 24
provided by the English instruction cards and shall be prepared by a 25
qualified translator or interpreter; 26
(c) The State Board of Elections shall: 27 UNOFFICIAL COPY 22 RS BR 81
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1. Make the determination of which counties are required to make 1
multilingual instruction cards based on information provided in the 2
most recent five (5) year estimates specified in the United States 3
Bureau of the Census American Community Survey or comparable 4
census data; 5
2. Notify each county clerk that is required to provide a multilingual 6
instruction card; 7
3. Post a list prominently on the State Board of Election's Web site of all 8
counties that are required to provide a multilingual instruction card; 9
and 10
4. Provide the template of the multilingual instruction cards for the 11
county clerk and the county attorney in each county affected by this 12
subsection through the promulgation of administrative regulations 13
pursuant to KRS Chapter 13A; and 14
(d) For counties that are not required to provide multilingual instruction cards 15
under this subsection, a county clerk, with the county attorney, may prepare 16
multilingual instruction cards based on the available templates provided by 17
the State Board of Elections. 18
(4) The instruction cards shall be: 19
(a) [Be ]Examined and approved by the county board of elections at the time the 20
voting equipment is examined and approved;[. The instruction cards shall ] 21
(b) [Be ]Delivered to each election clerk by the county clerk at the time that other 22
election supplies are delivered; and[ and the election clerk shall post the 23
instruction card at the polling place] 24
(c) Posted at the polling place by the election clerk. 25
Section 10. KRS 117.187 is amended to read as follows: 26
(1) The State Board of Elections shall regularly provide special training regarding the 27 UNOFFICIAL COPY 22 RS BR 81
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election laws and methods of enforcement to all members of county boards of 1
elections, county attorneys, Commonwealth's attorneys, and certain members of the 2
Department of Kentucky State Police. 3
(2) The county board of elections shall provide special training before each primary, 4
regular election, and any special election to all election officers, alternates, and 5
certified challengers regarding their duties and the penalties for failure to perform. 6
Election officers, including alternates, and certified challengers shall attend the 7
training session, unless excused by the county board of elections for reason of 8
illness or other emergency. Any person who fails to attend a training session 9
without being excused shall be prohibited from serving as an election officer or 10
challenger for a period of five (5) years. The training provided by the county board 11
of elections shall include but not be limited to the following: 12
(a) Operation of the voting equipment, and voting system as applicable; 13
(b) Posting of necessary signs and notices at the polling place; 14
(c) Voter assistance; 15
(d) Maintaining precinct rosters; 16
(e) Confirmation of a voter's identity; 17
(f) Challenge of a voter; 18
(g) Completing changes of address or name at the polling place; 19
(h) Qualifications for voting in a primary; 20
(i) Electioneering and exit polling; 21
(j) Write-in voting procedures; 22
(k) Persons who may be in the voting room; 23
(l) Election violations and penalties; 24
(m) Assistance which may be provided by law enforcement officers; 25
(n) Election reports; 26
(o) Disability awareness; 27 UNOFFICIAL COPY 22 RS BR 81
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(p) Provisional voting and provisional absentee voting; 1
(q) Election emergency contingency plan; 2
(r) Elections, voting equipment, and voting systems security plan; 3
(s) Proof of identification;[ and] 4
(t) Information concerning the secure online portal to request a mail-in absentee 5
ballot; 6
(u) Information relating to the different types of ballots and how they are to be 7
used in the process of voting; and 8
(v) Information relating to the multilingual ballot hotline. 9
(3) The county attorney or the county attorney's designee may attend the training 10
session for election officers to assist in explaining the duties and penalties for 11
failure to perform. 12
(4) Compensation in the minimum amount of ten dollars ($10) for reimbursement of 13
actual expenses shall be paid by the county to the election officers for attending the 14
training session. 15
Section 11. KRS 117.195 is amended to read as follows: 16
(1) At least one (1) hour prior to the opening of the polls, the county clerk shall deliver 17
the voting equipment, with the operating device and mechanism and the device 18
covering the registering counters securely locked, to the clerk of the precinct in 19
which it is to be used, and shall take a receipt indicating the distinguishing number 20
or the unique designation of the voting equipment. The clerk of the precinct shall 21
cause any voting equipment to be arranged in the voting place so that the front of 22
the equipment on which the ballots appear, if applicable, and the operating devices, 23
will not be visible, when being operated, to any person other than the voter. 24
(2) In polling places in which voting equipment for multiple precincts are located, the 25
county clerk shall post a sign near the voting equipment identifying the precinct for 26
which the voting equipment has been designated. 27 UNOFFICIAL COPY 22 RS BR 81
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(3) [For federal provisional ballots, and supplemental paper ballots if approved as 1
provided in KRS 118.215, ]The county clerk shall, at least one (1) hour prior to the 2
opening of the polls, deliver or confirm that there is available: 3
(a) A sufficient number of ballots, including multilingual ballots, and 4
supplemental paper ballots if approved as provided in KRS 118.125, for the 5
registered voters of each precinct; 6
(b) A sufficient number of voting booths for voting federal provisional ballots, 7
and supplemental paper ballots[ if approved]; 8
(c) A sufficient amount of string and rubber stamps for marking "Spoiled" and 9
"Unused" ballots; 10
(d) A locked ballot box or receptacle for federal provisional ballots, and a 11
separate locked ballot box for supplemental paper ballots[ if approved], for 12
each precinct; and 13
(e) A sufficient number of federal provisional voter ballots, voter affirmations, 14
and election official affirmations. 15
The county clerk shall take a receipt for the number of federal provisional ballots, 16
and supplemental paper ballots[ if approved], issued and the ballot boxes or ballot 17
receptacles for each precinct. The county clerk shall retain the keys to all ballot 18
boxes and ballot receptacles. 19
Section 12. KRS 117.228 is amended to read as follows: 20
(1) Except as provided in subsection (4) of this section, on the day of a primary, an 21
election, or during in-person absentee voting, if a voter is unable to provide proof of 22
identification as required under KRS 117.225, and as defined under KRS 117.001, a 23
voter may cast a ballot if the individual: 24
(a) Is eligible to vote under KRS 116.025; 25
(b) Is entitled to vote in that precinct; and 26
(c) In the presence of the election officer, executes a voter's affirmation, on a 27 UNOFFICIAL COPY 22 RS BR 81
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form prescribed and furnished by the State Board of Elections pursuant to 1
administrative regulations promulgated under KRS Chapter 13A, affirming: 2
1. The voter is a citizen of the United States; 3
2. The voter's date of birth to the best of the voter's knowledge and belief; 4
3. The voter is qualified to vote in this precinct under KRS 116.025; 5
4. The voter's name, and that the voter is generally known by that name, or 6
the name is as stated on his or her voter registration card; 7
5. The voter has not voted and will not vote in any other precinct; 8
6. The voter's current residential address, including the street address 9
number and, if different from the voter's current address, the voter's 10
residential address prior to the close of the registration books under KRS 11
116.045, and the date the voter moved; 12
7. The voter understands that making a false statement on the affirmation is 13
punishable under penalties of perjury; and 14
8. The voter has one (1) of the following impediments to procure proof of 15
identification as defined in KRS 117.001: 16
a. Lack of transportation; 17
b. Inability to obtain his or her birth certificate or other documents 18
needed to show proof of identification; 19
c. Work schedule; 20
d. Lost or stolen identification; 21
e. Disability or illness; 22
f. Family responsibilities; 23
g. The proof of identification has been applied for, but not yet 24
received; or 25
h. The voter has a religious objection to being photographed. 26
(2) In addition to the requirements of subsection (1) of this section, to cast a ballot, the 27 UNOFFICIAL COPY 22 RS BR 81
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voter who is unable to provide proof of identification shall provide to an election 1
officer: 2
(a) The voter's Social Security Card; 3
(b) Any identification card issued by a county in this state which has the name of 4
the voter stated and has been approved in writing by the State Board of 5
Elections pursuant to administrative regulations promulgated under KRS 6
Chapter 13A; 7
(c) Any identification card with the voter's photograph and the name of the voter 8
stated; 9
(d) Any food stamp identification card, electronic benefit transfer card, or 10
supplemental nutrition assistance card, that is issued by this state and has the 11
name of the voter stated; or 12
(e) A credit or debit card with the name of the voter stated. 13
(3) After the election officer obtains the affirmation from the voter required by 14
subsection (1) of this section, and after the voter provides the documents under 15
subsection (2) of this section, the voter shall sign the precinct signature roster and 16
shall proceed to cast his or her vote in a ballot completion area. 17
(4) If the voter is personally known to the election officer, the election officer may 18
execute an election officer affirmation, on a form prescribed and furnished by the 19
State Board of Elections pursuant to administrative regulations promulgated under 20
KRS Chapter 13A, affirming the voter's identification as being personally known to 21
him or her. Once the affirmation is executed by the election officer, the voter shall 22
sign the precinct signature roster and shall proceed to cast his or her vote in a ballot 23
completion area. For purposes of this subsection, "personally known" means that 24
the election officer knows the voter's name and that the voter is a resident of the 25
community. 26
(5) The voter affirmation and the election officer affirmations executed under this 27 UNOFFICIAL COPY 22 RS BR 81
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section shall be processed in the same manner as an oath of voter affidavit as 1
prescribed by subsection (4) and (5) of Section 14 of this Act[KRS 117.245(3) and 2
(4)]. 3
Section 13. KRS 117.235 is amended to read as follows: 4
(1) No person, other than the election officers, challengers, person assisting voters in 5
accordance with KRS 117.255(3), and a minor child in the company of a voter, shall 6
be permitted within the voting room while the vote is being polled, except as 7
follows: 8
(a) For the purpose of voting; 9
(b) By authority of the election officers to keep order and enforce the law; 10
(c) With the express approval of the county board of elections to repair or replace 11
voting equipment that is malfunctioning, and to provide additional voting 12
equipment; or 13
(d) At the voter's discretion, a minor child in the company of a voter may 14
accompany the voter into a voting booth or other private area provided for 15
casting a vote. 16
(2) No officer of election shall do any electioneering on election day. 17
(3) (a) No person shall electioneer at the polling place on the day of any election, as 18
established in KRS 118.025, or within a distance of one hundred (100) feet of 19
any entrance to a building in which voting is conducted if that entrance is 20
unlocked and is used by voters on any primary or election day. 21
(b) No person shall electioneer within the interior of a building or affix any 22
electioneering materials to the exterior or interior of a building where the 23
county clerk's office is located, or any building designated by the county board 24
of elections and approved by the State Board of Elections for in-person 25
absentee voting, during the hours in-person absentee voting is being 26
conducted in the building. 27 UNOFFICIAL COPY 22 RS BR 81
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(c) No person shall electioneer within one hundred (100) feet of a mail-in 1
absentee drop-box or drop-receptacle. 2
(d) Electioneering shall include the displaying of signs, the distribution of 3
campaign literature, cards, or handbills, the soliciting of signatures to any 4
petition, or the solicitation of votes for or against any bona fide candidate or 5
ballot question in a manner which expressly advocates the election or defeat 6
of the candidate or expressly advocates the passage or defeat of the ballot 7
question, but shall not include exit polling, bumper stickers affixed to a 8
person's vehicle while parked within or passing through a distance of one 9
hundred (100) feet of any entrance to a building in which voting is conducted, 10
private property as provided in subsection (7) of this section, or other 11
exceptions established by the State Board of Elections through the 12
promulgation of administrative regulations under KRS Chapter 13A. 13
(4) No voter shall be permitted to converse with others while in any room in which 14
voting, including in-person absentee voting, is conducted concerning their support 15
or nonsupport of any candidate, party, or issue to be voted on, except as provided in 16
KRS 117.255 and when using a multilingual ballot hotline. 17
(5) Any precinct election officer, county clerk, deputy county clerk, or any law 18
enforcement official may enforce the election laws and maintain law and order at 19
the polls and within one hundred (100) feet of any entrance to the building in which 20
voting is conducted if that entrance is unlocked and is used by voters. Assistance 21
may be requested of any law enforcement officer. 22
(6) Notwithstanding the provisions of subsection (1) of this section, the State Board of 23
Elections may establish a program designed to instill in school children a respect for 24
the democratic principles of voting by conducting in any county a mock election for 25
school children in conjunction with any primary, regular, or special election. The 26
State Board of Elections shall promulgate administrative regulations under KRS 27 UNOFFICIAL COPY 22 RS BR 81
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Chapter 13A regarding the mock elections to ensure that the regular voting process 1
will not be impaired. 2
(7) Notwithstanding the provisions of subsection (3) of this section, nothing in this 3
section shall prohibit the displaying of political campaign signs on private property 4
or private establishments by a person having a leased or ownership interest in that 5
private property or private establishment within the campaign-free zone, regardless 6
of the distance from the polling place. In the case of a polling location being on 7
private property that is leased or otherwise under contract for the purpose of serving 8
as a polling location, the provisions of subsection (3) of this section shall be 9
applicable to that leased or contracted-for private property. 10
Section 14. KRS 117.245 is amended to read as follows: 11
(1) The fact that a person is registered constitutes only prima facie evidence of his or 12
her right to vote and does not prevent the officers of any election from refusing to 13
allow him or her to vote for cause. 14
(2) When the officers of an election disagree as to the qualifications of a voter or if his 15
or her right to vote is disputed by a challenger, other than for failure to provide 16
proof of identification as defined in KRS 117.001, the voter shall sign a written oath 17
as to his or her qualifications before he or she is permitted to vote. The oath shall be 18
in such form prescribed and furnished by the State Board of Elections pursuant to 19
administrative regulations promulgated under KRS Chapter 13A. Twenty (20) 20
printed copies of these oaths shall be included in the election supplies of each 21
precinct. 22
(3) Assistance with translation of the oath shall be available by means of the 23
multilingual ballot hotline. 24
(4)[(3)] The subscribed oaths shall be returned to the county clerk who shall deliver 25
them to the Commonwealth's attorney. 26
(5)[(4)] The Commonwealth's attorney and county attorney shall investigate each of 27 UNOFFICIAL COPY 22 RS BR 81
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the oaths and cause to be summoned before the grand jury the witnesses they or 1
either of them, deem proper, and the grand jury shall make a thorough investigation 2
of all votes so cast, and return indictments against all persons illegally voting. The 3
foreman of the grand jury shall return to the county clerk all of the oaths upon 4
which no indictments are found. The county clerk shall safely keep them as a part of 5
the records of his or her office, and shall produce any or all of them, when required, 6
to any subsequent grand jury. 7
Section 15. KRS 117.255 is amended to read as follows: 8
(1) The voter shall be instructed by the officers of election, with the aid of the 9
instruction cards, including multilingual instruction cards, and any model if 10
applicable, in the use of the voting equipment, if the voter so requests. 11
(2) Except for those voters who have been certified as requiring assistance on a 12
permanent basis under this section, no voter shall be permitted to receive any 13
assistance in voting at the polls unless the voter makes and signs an oath that, 14
because of blindness, other physical disability, or an inability to read English, the 15
voter is unable to vote without assistance. The voter shall indicate in the oath the 16
specific reason that requires the voter to receive assistance. The oath shall be upon a 17
voter assistance form prescribed and furnished by the State Board of Elections 18
pursuant to administrative regulations promulgated under KRS Chapter 13A. Any 19
person assisting a voter shall complete the voter assistance form. 20
(3) Upon making and filing the oath with the precinct clerk, the voter requiring 21
assistance shall retire to the voting booth or ballot completion area with the precinct 22
judges, and one (1) of the judges shall, in the presence of the other judge and the 23
voter, complete the ballot as the voter directs. A voter requiring assistance in voting 24
may, if the voter prefers, be assisted by a person of the voter's own choice who is 25
not an election officer, except that the voter's employer, an agent of the voter's 26
employer, or an officer or agent of the voter's union shall not assist a voter. 27 UNOFFICIAL COPY 22 RS BR 81
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(4) The precinct election clerk shall swear a person assisting a voter in voting to 1
complete the ballot in accordance with the directions of the voter, and the person 2
sworn shall enter the voting booth or ballot completion area and complete the ballot 3
for the voter as the voter directs. 4
(5) A voter who requires voting assistance on a permanent basis because of blindness 5
or other physical disability may apply to the county board of elections for 6
certification. Application may be made when registering to vote or completing the 7
voter assistance form by indicating that the reason for obtaining assistance is 8
permanent. The county board of elections shall determine whether the applicant 9
requires assistance on a permanent basis. The county board of elections shall notify 10
the county clerk of persons certified as requiring permanent voting assistance and 11
the county clerk shall enter the certification on the voter's registration record. The 12
State Board of Elections shall indicate on the precinct roster of voters those voters 13
who are certified to receive assistance permanently without signing the voter 14
assistance form at the precinct. 15
(6) No voter shall be permitted to occupy the voting booth or ballot completion area 16
more than four (4) minutes if other voters are waiting to use it, except that those 17
voters who because of a disability need extra time to cast a ballot shall be given a 18
reasonable amount of time to vote. 19
(7) In primaries, before a voter is permitted to use the voting equipment, a judge of the 20
election shall adjust the voting equipment so that the voter will only be able to vote 21
for the persons for whom the voter is qualified to vote. 22
(8) If the voting equipment is so constructed as to require adjustment after one (1) 23
person has voted before another person may vote, the judges of election shall adjust 24
it after each person has voted. 25
(9) The election officers shall constantly maintain a watch in order to prevent any 26
person from voting more than once. 27 UNOFFICIAL COPY 22 RS BR 81
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(10) For voters voting as federal provisional voters, or if supplemental paper ballots have 1
been approved as provided in KRS 118.215, the voter shall vote his or her federal 2
provisional or supplemental ballot in privacy in a voting booth provided for that 3
purpose by the county clerk. If the voter spoils his or her federal provisional or 4
supplemental ballot, the voter shall return the spoiled federal provisional or 5
supplemental paper ballot to an election officer who shall stamp the ballot 6
"Spoiled," initial, and place the spoiled federal provisional or supplemental ballot in 7
an envelope provided for that purpose. The voter shall be issued a second federal 8
provisional or supplemental paper ballot. Upon completion of voting, the voter shall 9
remove the numbered stub from the federal provisional or supplemental ballot, hand 10
the stub to an election officer and deposit the voted federal provisional or 11
supplemental ballot in the appropriate locked ballot box or locked receptacle in the 12
presence of an election officer. 13
(11) The election sheriff shall be responsible for reporting violations of this section. 14
Section 16. KRS 117.383 is amended to read as follows: 15
The State Board of Elections shall promulgate administrative regulations under KRS 16
Chapter 13A which shall maintain the maximum degree of correctness, impartiality, and 17
efficiency of the procedures of voting and shall provide methods to: 18
(1) Count, tabulate, and record votes; 19
(2) Place items on any ballot which shall, as closely as possible, follow the 20
requirements pertaining to ballots; 21
(3) Design the ballots to include a system to ensure an accurate record of all voting 22
activities; 23
(4) Instruct voters in the use of the voting system, including any ballot marking device; 24
(5) Provide for checking the accuracy of the voting system; 25
(6) Provide necessary supplies, including those necessary for a write-in vote, to ensure 26
voter privacy; 27 UNOFFICIAL COPY 22 RS BR 81
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(7) As part of the official canvass, provide for a manual recount of randomly selected 1
precincts representing three percent (3%) to five percent (5%) of the total ballots 2
cast in each election; 3
(8) Provide for the conducting and review of an audit of any component of a voting 4
system or any voting equipment, and a review of any audit log; 5
(9) Provide for the conducting and review of an election audit, including a risk-limiting 6
audit, and risk-limiting audit pilot program; 7
(10) Provide a method for maintaining sufficient documents, including ballots and 8
records, so that votes can be recounted; 9
(11) Create and administer the multilingual ballot hotline; 10
(12)[(11)] Except as otherwise required in this chapter, all records and papers relating to 11
specified elections be retained for twenty-two (22) months, such documents and 12
records shall be maintained for thirty (30) days following an election; and 13
(13)[(12)] Unless contrary to the Help America Vote Act of 2002, ensure that all federal 14
provisional voting shall be conducted in a manner as prescribed by KRS Chapters 15
116 to 120. 16
Section 17. KRS 118.015 is amended to read as follows: 17
As used in this chapter, unless the context otherwise requires: 18
(1) "Absentee ballot" means any ballot used to cast a vote during an election at a 19
time other than the day of an election, which may include a mail-in absentee 20
ballot, in-person absentee ballot, a federal provisional absentee ballot, and a 21
multilingual absentee ballot; 22
(2)[(1)] A "political party" is an affiliation or organization of electors representing a 23
political policy and having a constituted authority for its government and regulation, 24
and whose candidate received at least twenty percent (20%) of the total vote cast at 25
the last preceding election at which presidential electors were voted for; 26
(3)[(2)] The word "election" used in reference to a state, district, county, or city 27 UNOFFICIAL COPY 22 RS BR 81
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election, includes the decisions of questions submitted to the qualified voters as 1
well as the choice of officers by them, which may include a primary, regular 2
election, or special election; 3
(3) A "ballot" or "official ballot" means the official presentation of offices and 4
candidates to be voted for, including write-in candidates, and all public questions 5
submitted for determination, and shall include a voting machine ballot, a paper 6
ballot, an absentee ballot, a federal provisional ballot, a federal provisional absentee 7
ballot, a multilingual ballot, a multilingual absentee ballot, or a supplemental 8
paper ballot which has been authorized for the use of the voters in any primary, 9
regular election, or special election by the Secretary of State or the county clerk; 10
(4) "Ballot box" means any box, bag, or other container that can be locked, sealed, or 11
otherwise rendered tamper-resistant, for receiving ballots; 12
(5) "Multilingual ballot" or "multilingual absentee ballot" means a ballot that is 13
fully translated into a language other than English, or both English and a 14
language other than English, for each language in the state that has at least two 15
thousand (2,000) citizens who are seventeen (17) years or older who speak 16
English less than very well, as determined by the United States Bureau of the 17
Census American Community Survey or comparable Census data; 18
(6)[(5)] "Voting equipment" means any physical component of a voting system and 19
includes voting machines where voting machines are in operation; 20
(7)[(6)] "Voting machine" or "machine" means a part of a voting system that consists 21
of: 22
(a) A direct recording electronic voting machine that: 23
1. Records votes by means of a ballot display provided with mechanical or 24
electro-operated components that may be actuated by the voter; 25
2. Processes the data by means of a computer program; 26
3. Records voting data and ballot images in internal and external memory 27 UNOFFICIAL COPY 22 RS BR 81
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components; and 1
4. Produces a tabulation of the voting data stored in a removable memory 2
component and on a printed copy; or 3
(b) One (1) or more electronic devices that operate independently or as a 4
combination of a ballot marking device and an electronic or automatic vote 5
tabulating device; 6
(8)[(7)] "Voting system" means: 7
(a) The total combination of physical, mechanical, electromechanical, or 8
electronic equipment, including the software, hardware, firmware, and 9
documentation required to program, control, and support that equipment, that 10
is used to: 11
1. Define ballots; 12
2. Cast and count votes; 13
3. Report or display election results; and 14
4. Maintain and produce any audit trail information; and 15
(b) The practices and associated documentation used to: 16
1. Identify system components and versions of those components; 17
2. Test the system during its development and maintenance; 18
3. Maintain records of system errors and defects; 19
4. Determine specific system changes to be made to a system after the 20
initial qualification of the system; and 21
5. Make available any materials to the voter, such as notices, instructions, 22
forms, or paper ballots; 23
(9)[(8)] The word "resident" used in reference to a candidate in a state, district, county, 24
or city election shall mean actual resident, without regard to the residence of the 25
spouse of the candidate; 26
(10)[(9)] "Political organization" means a political group not constituting a political 27 UNOFFICIAL COPY 22 RS BR 81
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party within the meaning of subsection (1) of this section but whose candidate 1
received two percent (2%) or more of the vote of the state at the last preceding 2
election for presidential electors; and 3
(11)[(10)] "Political group" means a political group not constituting a political party or a 4
political organization within the meaning of subsections (1) and (9) of this section. 5
Section 18. KRS 118A.010 is amended to read as follows: 6
As used in this chapter, unless the context otherwise requires: 7
(1) "Absentee ballot" means any ballot used to cast a vote during an election at a 8
time other than the day of an election, which may include a mail-in absentee 9
ballot, in-person absentee ballot, a federal provisional absentee ballot, and a 10
multilingual absentee ballot; 11
(2)[(1)] "Ballot" or "official ballot" means the official presentation of offices and 12
candidates to be voted for, including write-in candidates, and all public questions 13
submitted for determination, and shall include a voting machine ballot, a paper 14
ballot, an absentee ballot, a special ballot, a multilingual ballot, a multilingual 15
absentee ballot, or a supplemental paper ballot which has been authorized for the 16
use of the voters in any primary, regular election, or special election by the 17
Secretary of State or the county clerk; 18
(3)[(2)] "Election" refers only to elections for offices of the Court of Justice; 19
(4) "Multilingual ballot" or "multilingual absentee ballot" means a ballot that is 20
fully translated into a language other than English, or both English and a 21
language other than English, for each language in the state that has at least two 22
thousand (2,000) citizens who are seventeen (17) years or older who speak 23
English less than very well, as determined by the United States Bureau of the 24
Census American Community Survey or comparable Census data; 25
(5)[(3)] "Voting equipment" means any physical component of a voting system and 26
includes voting machines where voting machines are in operation; 27 UNOFFICIAL COPY 22 RS BR 81
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(6)[(4)] "Voting machine" or "machine" means a part of a voting system that consists 1
of: 2
(a) A direct recording electronic voting machine that: 3
1. Records votes by means of a ballot display provided with mechanical or 4
electro-operated components that may be actuated by the voter; 5
2. Processes the data by means of a computer program; 6
3. Records voting data and ballot images in internal and external memory 7
components; and 8
4. Produces a tabulation of the voting data stored in a removable memory 9
component and on a printed copy; or 10
(b) One (1) or more electronic devices that operate independently or as a 11
combination of a ballot marking device and an electronic or automatic vote 12
tabulating device; and 13
(7)[(5)] "Voting system" means: 14
(a) The total combination of physical, mechanical, electromechanical, or 15
electronic equipment, including the software, hardware, firmware, and 16
documentation required to program, control, and support that equipment, that 17
is used to: 18
1. Define ballots; 19
2. Cast and count votes; 20
3. Report or display election results; and 21
4. Maintain and produce any audit trail information; and 22
(b) The practices and associated documentation used to: 23
1. Identify system components and versions of those components; 24
2. Test the system during its development and maintenance; 25
3. Maintain records of system errors and defects; 26
4. Determine specific system changes to be made to a system after the 27 UNOFFICIAL COPY 22 RS BR 81
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initial qualification of the system; and 1
5. Make available any materials to the voter, such as notices, instructions, 2
forms, or paper ballots. 3
No provisions of KRS Chapter 118 existing on March 10, 1976, except KRS 118.015 4
through 118.045 shall apply to such elections. All other provisions of the election laws 5
not inconsistent with this chapter shall be applicable thereto. 6
Section 19. KRS 119.005 is amended to read as follows: 7
As used in this chapter, unless the context otherwise requires: 8
(1) "Absentee ballot" means any ballot used to cast a vote during an election at a 9
time other than the day of an election, which may include a mail-in absentee 10
ballot, in-person absentee ballot, a federal provisional absentee ballot, and a 11
multilingual absentee ballot; 12
(2)[(1)] A "ballot" or "official ballot" means the official presentation of offices and 13
candidates to be voted for, including write-in candidates, and all public questions 14
submitted for determination, and shall include a voting machine ballot, a paper 15
ballot, an absentee ballot, a special ballot, a federal provisional ballot, a federal 16
provisional absentee ballot, a multilingual ballot, a multilingual absentee ballot, 17
or a supplemental paper ballot which has been authorized for the use of the voters in 18
any primary or regular or special election by the Secretary of State or the county 19
clerk; 20
(3)[(2)] "Ballot box" means any box, bag, or other container that can be locked, 21
sealed, or otherwise rendered tamper-resistant, for receiving ballots; 22
(4) "Election" or "elections" means any primary, regular election, or special 23
election; 24
(5) "Multilingual ballot" or "multilingual absentee ballot" means a ballot that is 25
fully translated into a language other than English, or both English and a 26
language other than English, for each language in the state that has at least two 27 UNOFFICIAL COPY 22 RS BR 81
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thousand (2,000) citizens who are seventeen (17) years or older who speak 1
English less than very well, as determined by the United States Bureau of the 2
Census American Community Survey or comparable Census data; 3
(6)[(3)] "Voting equipment" means any physical component of a voting system and 4
includes voting machines where voting machines are in operation; 5
(7)[(4)] "Voting machine" or "machine" means a part of a voting system that consists 6
of: 7
(a) A direct recording electronic voting machine that: 8
1. Records votes by means of a ballot display provided with mechanical or 9
electro-operated components that may be actuated by the voter; 10
2. Processes the data by means of a computer program; 11
3. Records voting data and ballot images in internal and external memory 12
components; and 13
4. Produces a tabulation of the voting data stored in a removable memory 14
component and on a printed copy; or 15
(b) One (1) or more electronic devices that operate independently or as a 16
combination of a ballot-marking device and an electronic or automatic vote-17
tabulating device; and 18
(8)[(5)] "Voting system" means: 19
(a) The total combination of physical, mechanical, electromechanical, or 20
electronic equipment, including the software, hardware, firmware, and 21
documentation required to program, control, and support that equipment, that 22
is used to: 23
1. Define ballots; 24
2. Cast and count votes; 25
3. Report or display election results; and 26
4. Maintain and produce any audit trail information; and 27 UNOFFICIAL COPY 22 RS BR 81
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(b) The practices and associated documentation used to: 1
1. Identify system components and versions of those components; 2
2. Test the system during its development and maintenance; 3
3. Maintain records of system errors and defects; 4
4. Determine specific system changes to be made to a system after the 5
initial qualification of the system; and 6
5. Make available any materials to the voter, such as notices, instructions, 7
forms, or paper ballots. 8
Section 20. KRS 120.005 is amended to read as follows: 9
As used in this chapter: 10
(1) "Absentee ballot" means any ballot used to cast a vote during an election at a 11
time other than the day of an election, which may include a mail-in absentee 12
ballot, in-person absentee ballot, a federal provisional absentee ballot, and a 13
multilingual absentee ballot; 14
(2)[(1)] 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 special ballot, a federal provisional ballot, a federal 18
provisional absentee ballot, a multilingual ballot, a multilingual absentee ballot, 19
or a supplemental paper ballot which has been authorized for the use of the voters in 20
any primary or regular or special election by the Secretary of State or the county 21
clerk; 22
(3)[(2)] "Ballot box" means any box, bag, or other container that can be locked, 23
sealed, or otherwise rendered tamper-resistant, for receiving ballots; 24
(4) "Multilingual ballot" or "multilingual absentee ballot" means a ballot that is 25
fully translated into a language other than English, or both English and a 26
language other than English, for each language in the state that has at least two 27 UNOFFICIAL COPY 22 RS BR 81
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thousand citizens (2,000) who are seventeen (17) years or older who speak 1
English less than very well, as determined by the United States Bureau of the 2
Census American Community Survey or comparable census data; 3
(5)[(3)] "Voting equipment" means any physical component of a voting system and 4
includes voting machines where voting machines are in operation; 5
(6)[(4)] "Voting machine" or "machine" means a part of a voting system that is either: 6
(a) A direct recording electronic voting machine that: 7
1. Records votes by means of a ballot display provided with mechanical or 8
electro-operated components that may be actuated by the voter; 9
2. Processes the data by means of a computer program; 10
3. Records voting data and ballot images in internal and external memory 11
components; and 12
4. Produces a tabulation of the voting data stored in a removable memory 13
component and on a printed copy; or 14
(b) One (1) or more electronic devices that operate independently or as a 15
combination of a ballot-marking device and an electronic or automatic vote 16
tabulating device; and 17
(7)[(5)] "Voting system" means: 18
(a) The total combination of physical, mechanical, electromechanical, or 19
electronic equipment, including the software, hardware, firmware, and 20
documentation required to program, control, and support that equipment, that 21
is used to: 22
1. Define ballots; 23
2. Cast and count votes; 24
3. Report or display election results; and 25
4. Maintain and produce any audit trail information; and 26
(b) The practices and associated documentation used to: 27 UNOFFICIAL COPY 22 RS BR 81
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1. Identify system components and versions of those components; 1
2. Test the system during its development and maintenance; 2
3. Maintain record records of system errors and defects; 3
4. Determine specific system changes to be made to a system after the 4
initial qualification of the system; and 5
5. Make available any materials to the voter, such as notices, instructions, 6
forms, or paper ballots. 7
Section 21. This Act may be cited as Ballot Access For All Citizens Act. 8