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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 118.015 is amended to read as follows: 3
As used in this chapter, unless the context otherwise requires: 4
(1) [A ]"Political party" means[is] an affiliation or organization of electors representing 5
a political policy and having a constituted authority for its government and 6
regulation, and whose candidate received at least twenty percent (20%) of the total 7
vote cast at the last preceding election at which presidential electors were voted for; 8
(2) [The word ]"Election," when used in reference to a state, district, county, or city 9
election, includes the decisions of questions submitted to the qualified voters as 10
well as the choice of officers by them; 11
(3) [A ]"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 federal provisional ballot, a federal provisional absentee 15
ballot, or a supplemental paper ballot which has been authorized for the use of the 16
voters in any primary, regular election, or special election by the Secretary of State 17
or the county clerk; 18
(4) "Ballot box" means any box, bag, or other container that can be locked, sealed, or 19
otherwise rendered tamper-resistant, for receiving ballots; 20
(5) "Election officer" means any person tasked with election administration within this 21
state, as context dictates the defined role, including but not limited to the Secretary 22
of State and his or her employees, members of the State Board of Elections and 23
staff, members of the county boards of election and staff, precinct election officers, 24
election officials, and poll workers; 25
(6) "Voting equipment" means any physical component of a voting system and includes 26
voting machines where voting machines are in operation; 27 UNOFFICIAL COPY 23 RS BR 387
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(7) "Voting machine" or "machine" means a part of a voting system that consists of: 1
(a) A direct recording electronic voting machine that: 2
1. Records votes by means of a ballot display provided with mechanical or 3
electro-operated components that may be actuated by the voter; 4
2. Processes the data by means of a computer program; 5
3. Records voting data and ballot images in internal and external memory 6
components; and 7
4. Produces a tabulation of the voting data stored in a removable memory 8
component and on a printed copy; or 9
(b) One (1) or more electronic devices that operate independently or as a 10
combination of a ballot marking device and an electronic or automatic vote 11
tabulating device; 12
(8) "Voting system" means: 13
(a) The total combination of physical, mechanical, electromechanical, or 14
electronic equipment, including the software, hardware, firmware, and 15
documentation required to program, control, and support that equipment, that 16
is used to: 17
1. Define ballots; 18
2. Cast and count votes; 19
3. Report or display election results; and 20
4. Maintain and produce any audit trail information; and 21
(b) The practices and associated documentation used to: 22
1. Identify system components and versions of those components; 23
2. Test the system during its development and maintenance; 24
3. Maintain records of system errors and defects; 25
4. Determine specific system changes to be made to a system after the 26
initial qualification of the system; and 27 UNOFFICIAL COPY 23 RS BR 387
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5. Make available any materials to the voter, such as notices, instructions, 1
forms, or paper ballots; 2
(9) [The word ]"Resident," when[used] in reference to a candidate in a state, district, 3
county, or city election, means an[ shall mean] actual resident, without regard to 4
the residence of the spouse of the candidate; 5
(10) "Political organization" means a political group not constituting a political party 6
within the meaning of subsection (1) of this section but whose candidate received 7
two percent (2%) or more of the vote of the state at the last preceding election for 8
presidential electors;[ and] 9
(11) "Political group" means a political group not constituting a political party or a 10
political organization within the meaning of subsections (1) and (10) of this section; 11
(12) "Batch elimination" means the simultaneous defeat of multiple candidates for 12
whom it is mathematically impossible to be elected; 13
(13) "Continuing ballot" means a ballot that is not an exhausted ballot; 14
(14) "Continuing candidate" means a candidate who has not been defeated; 15
(15) "Exhausted ballot" means a ballot that does not rank any continuing candidate, 16
contains an overvote at the highest continuing ranking, or contains two (2) or 17
more sequential skipped rankings before its highest continuing ranking; 18
(16) "Highest continuing ranking" means the highest ranking on a voter's ballot for 19
a continuing candidate; 20
(17) "Last-place candidate" means the candidate with the fewest votes in a round of 21
the ranked-choice vote tallying; 22
(18) "Mathematically impossible to be elected," with respect to a candidate, means 23
either: 24
(a) The candidate cannot be elected because the candidate's vote total in a 25
round of the ranked-choice voting tabulation plus all votes that could 26
possibly be transferred to the candidate in future rounds from candidates 27 UNOFFICIAL COPY 23 RS BR 387
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with fewer votes or an equal number of votes would not be enough to 1
surpass the candidate with the next-higher vote total in the round; or 2
(b) The candidate has a lower vote total than a candidate described in 3
paragraph (a) of this subsection; 4
(19) "Office elected by ranked-choice voting" means any member of the General 5
Assembly, as well as the office of Governor, Lieutenant Governor, Attorney 6
General, Secretary of State, Auditor, Commissioner of Agriculture, and 7
Treasurer; 8
(20) "Overvote" means a circumstance in which a voter has ranked more than one (1) 9
candidate at the same ranking; 10
(21) "Round" means an instance of the sequence of voting tabulation steps 11
established in Section 4 of this Act; 12
(22) "Skipped ranking" means a circumstance in which a voter has left a ranking 13
blank and ranks a candidate at a subsequent ranking; and 14
(23) "Under-voted" means when a voter marks or delineates a selection of two (2) or 15
more candidates, but does not rank the voter's order of preference for the 16
candidates. 17
SECTION 2. A NEW SECTION OF KRS CHAPTER 118 IS CREATED TO 18
READ AS FOLLOWS: 19
For a regular or special election, candidates who seek an office elected by ranked-20
choice voting shall only be elected by ranked-choice voting. Ranked-choice voting shall 21
not be applicable to primaries. 22
SECTION 3. A NEW SECTION OF KRS CHAPTER 118 IS CREATED TO 23
READ AS FOLLOWS: 24
(1) For an election for an office elected by ranked-choice voting that has more than 25
two (2) choices, the ballot shall: 26
(a) Be laid out to allow the voter to rank the candidates for an office in order of 27 UNOFFICIAL COPY 23 RS BR 387
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preference; 1
(b) Allow for a voter to include one (1) write-in candidate if he or she desires; 2
and 3
(c) Be in a simple and easy to understand format. 4
(2) When ranked-choice voting is used to elect a candidate to elected office: 5
(a) The voter may rank his or her preferences for the candidates for that office, 6
but shall not be required to rank all candidates for that office; 7
(b) A mark or delineation by the voter for only one (1) candidate shall be 8
interpreted as a vote of rank one (1) for that particular candidate, with no 9
other candidate being ranked; and 10
(c) A mark or delineation by the voter for two (2) or more candidates, but 11
which does not rank the voter's order of preference for the candidates, shall 12
not count as votes for any candidates, and shall cause the ballot to be 13
identified as under-voted. 14
(3) If a ballot is considered under-voted and the voter used a paper ballot, the voter 15
may, upon surrendering the ballot, request and vote upon another ballot. The 16
original ballot that is considered under-voted shall be marked as spoiled, and the 17
requirements of KRS 117.385 related to spoiled ballots shall be applicable. 18
SECTION 4. A NEW SECTION OF KRS CHAPTER 118 IS CREATED TO 19
READ AS FOLLOWS: 20
The following procedures shall be used to determine the winner in an election for an 21
office elected by ranked-choice voting: 22
(1) Tallying shall proceed in rounds. In each round, the number of votes for each 23
continuing candidate shall be counted. Each continuing ballot counts as one (1) 24
vote for its highest-ranked continuing candidate for that round. Exhausted 25
ballots shall not be counted for any continuing candidate. The round then ends 26
with one (1) of the following two (2) potential outcomes: 27 UNOFFICIAL COPY 23 RS BR 387
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(a) If there are two (2) or fewer continuing candidates, the candidate with the 1
most votes is declared the winner of the election; or 2
(b) If there are more than two (2) continuing candidates, the last-place 3
candidate is defeated and a new round begins. 4
(2) A tie under this section between candidates for the most votes in the final round 5
or a tie between last-place candidates in any round shall be decided by lot, and 6
the candidate chosen by lot is defeated. The result of the tie resolution shall be 7
recorded and reused in the event of a recount. The drawing of lot shall be in the 8
presence of not fewer than three (3) other persons and in the manner as the State 9
Board of Elections directs. 10
(3) Modification of a ballot for ranked-choice voting and tabulation is permitted in 11
accordance with the following: 12
(a) The number of allowable rankings may be limited to no fewer than six (6); 13
or 14
(b) Two (2) or more candidates may be defeated simultaneously by batch 15
elimination in any round of tabulation. 16
(4) For candidates of a political party, political group, or political organization or 17
candidates who are independents, the number of votes cast is the number of votes 18
credited to that candidate after the initial counting in the first round as described 19
in subsection (1) of this section and, if applicable, subsection (2) of this section. 20
Section 5. KRS 117.125 is amended to read as follows: 21
No voting system or voting equipment shall be approved for use after January 1, 2024, by 22
the State Board of Elections, either upon initial examination or reexamination, and no 23
voting equipment or voting system shall be purchased after July 14, 2022, unless the 24
system and equipment has been certified under KRS 117.379 and is so constructed that it 25
shall: 26
(1) Ensure secrecy to the voter in the act of voting so that no person can see or know for 27 UNOFFICIAL COPY 23 RS BR 387
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whom any other voter has voted or is voting, except for those voters requiring 1
assistance under KRS 117.255; 2
(2) Permit votes to be cast for any candidate entitled to have his or her name printed 3
upon the ballots at any primary, regular election, or special election, and for or 4
against any public question entitled to be placed upon the ballots; 5
(3) Except at a primary, permit a voter to vote for all the candidates of one (1) party or 6
for one (1) or more candidates of every party having candidates entitled to be voted 7
for, or for one (1) or more independent, political organization, or political group 8
candidates; 9
(4) Permit a voter to vote for as many persons for an office as the voter is lawfully 10
entitled to vote for, and no more; 11
(5) Prevent a voter from voting for more persons for any office than the voter is entitled 12
to vote for, and from voting for the same person, or for or against the same 13
question, more than once; 14
(6) Permit a voter to vote for or against any question the voter may have the right to 15
vote on, but no other; 16
(7) Provide for a nonpartisan ballot; 17
(8) Be capable of being adjusted for use in a primary so that a voter may not vote for 18
any person except those seeking nomination as candidates of the voter's party, as 19
candidates for a nonpartisan office, or as candidates for an office of the Court of 20
Justice; 21
(9) Permit each voter to vote for all the candidates for presidential electors of any party 22
by one (1) operation; 23
(10) Permit each voter to vote, in any regular or special election, for any person for 24
whom the voter desires to vote whose name does not appear upon the ballot by 25
providing a method of write-in voting; 26
(11) Be safe, efficient, and accurate in the conduct of elections, and correctly register and 27 UNOFFICIAL COPY 23 RS BR 387
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accurately count all votes cast for each person, and for or against each public 1
question; 2
(12) (a) Provide each voter an opportunity to verify votes recorded on the permanent 3
paper ballot, either visually or using assistive voting technology, by producing 4
a voter-verified paper audit trail; 5
(b) Provide each voter an opportunity to change votes or correct any error before 6
the voter's ballot is cast and counted; and 7
(c) Provide a voter who spoils his or her ballot another ballot as provided under 8
this chapter; 9
(13) Use an individual, discrete, permanent, paper ballot cast by the voter for tabulating 10
purposes; 11
(14) Preserve the paper ballot as an official record available for use in any audit or 12
recount; 13
(15) Be suitably designed for the purpose used, constructed of a durable material, and 14
safely transportable; 15
(16) Be capable of determining whether the voting equipment has been unlocked and 16
operated or adjusted in any manner after once being locked; 17
(17) Have a public counter with a register which is visible from the outside of the 18
counter or device that will show at all times during an election how many persons 19
have voted; 20
(18) Have a protective cumulative counter indicating the number of votes cast for each 21
person, and the votes cast for or against each public question which cannot be seen, 22
reset, or tampered with without unlocking a covering device by a key or other 23
security apparatus that cannot unlock any other part of the equipment, and which 24
prevents changes to the cumulative counter once the system has been put into 25
operation on the day of any election; 26
(19) Provide for the tabulating of votes at the precinct as required under KRS 117.275; 27 UNOFFICIAL COPY 23 RS BR 387
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(20) Provide locks or other security apparatus by which the operation of the voting 1
equipment may be locked before the time for opening the polls and after the time 2
for closing the polls; 3
(21) Permit a voter to readily learn the method of operating it, to expeditiously cast a 4
vote for all candidates and on all questions of the voter's choice, and when operated 5
properly, register and record correctly and accurately every vote cast; 6
(22) Bear a number or other unique designation that will distinguish it from any other 7
voting equipment or voting system; 8
(23) Produce a real-time audit log record for the voting system, and produce a paper 9
record with a manual audit capacity which shall be available as an official record for 10
any recount conducted related to any primary or election in which the system is 11
used; 12
(24) Be accessible for individuals with impairments, including nonvisual accessibility 13
for the blind or visually impaired, in a manner that provides the same opportunity 14
for access and participation, including privacy and independence, as for other 15
voters; 16
(25) Prohibit voting equipment that tabulates or aggregates votes used in official results 17
from connecting to any network, including the Internet, or communicating with any 18
device external to the voting system; 19
(26) Meet or exceed the standards for a voting system established by the Election 20
Assistance Commission, as amended from time to time, and those approved under 21
KRS 117.379;[ and] 22
(27) Meet such other requirements as may be established by the State Board of Elections 23
in administrative regulations promulgated under KRS Chapter 13A to reflect 24
changes in technology to ensure the integrity and security of voting systems; and 25
(28) Permit a voter to vote in accordance with ranked-choice voting in a regular 26
election for eligible candidates. 27 UNOFFICIAL COPY 23 RS BR 387
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Section 6. KRS 117.187 is amended to read as follows: 1
(1) The State Board of Elections shall regularly provide special training regarding the 2
election laws and methods of enforcement to all members of county boards of 3
elections, county attorneys, Commonwealth's attorneys, and certain members of the 4
Department of Kentucky State Police. 5
(2) The county board of elections shall provide special training before each primary, 6
regular election, and any special election to all election officers, alternates, and 7
certified challengers regarding their duties and the penalties for failure to perform. 8
Election officers, including alternates, and certified challengers shall attend the 9
training session, unless excused by the county board of elections for reason of 10
illness or other emergency. Any person who fails to attend a training session 11
without being excused shall be prohibited from serving as an election officer or 12
challenger for a period of five (5) years. The training provided by the county board 13
of elections shall include but not be limited to the following: 14
(a) Operation of the voting equipment, and voting system as applicable; 15
(b) Posting of necessary signs and notices at the polling place; 16
(c) Voter assistance; 17
(d) Maintaining precinct rosters; 18
(e) Confirmation of a voter's identity; 19
(f) Challenge of a voter; 20
(g) Completing changes of address or name at the polling place; 21
(h) Qualifications for voting in a primary; 22
(i) Electioneering and exit polling; 23
(j) Write-in voting procedures; 24
(k) Persons who may be in the voting room; 25
(l) Election violations and penalties; 26
(m) Assistance which may be provided by law enforcement officers; 27 UNOFFICIAL COPY 23 RS BR 387
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(n) Election reports; 1
(o) Disability awareness; 2
(p) Provisional voting and provisional absentee voting; 3
(q) Election emergency contingency plan; 4
(r) Elections, voting equipment, and voting systems security plan; 5
(s) Proof of identification;[ and] 6
(t) Information concerning the secure online portal to request a mail-in absentee 7
ballot; and 8
(u) The election process of ranked-choice voting. 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 7. KRS 118.425 is amended to read as follows: 16
(1) The State Board of Elections shall issue certificates of election where the successful 17
candidate was voted for by the state at large, was voted for by a district greater than 18
one (1) county, or was a candidate for member of Congress or the General 19
Assembly. 20
(2) Except as provided in subsection (3) of this section, not later than the second 21
Monday after the election, the county board of elections shall issue certificates of 22
election where the successful candidate was voted for by the electors of one (1) 23
county, or of a district less than one (1) county, except members of Congress, 24
members of the General Assembly, and designated officers filing with the Secretary 25
of State. The right to contest or recount an election in accordance with KRS Chapter 26
120 shall not be impaired. The county board of elections of the candidate's 27 UNOFFICIAL COPY 23 RS BR 387
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residence shall issue certificates of election where the successful candidate was 1
voted for by the electors of a city or school district whose boundaries extend beyond 2
those of a single county. The board shall forward the certificate to the elected 3
candidate. If the board finds that two (2) or more candidates have received the 4
highest and equal number of votes for the same office, the board shall determine by 5
lot which of the candidates is elected. 6
(3) In counties containing cities of the first class, not later than the thirtieth day of 7
December after the election, the county board of elections shall issue certificates of 8
election where the successful candidate was voted for by the electors of the county, 9
except members of Congress, members of the General Assembly, and designated 10
officers filing with the Secretary of State. The right to contest or recount an election 11
in accordance with KRS Chapter 120 shall not be impaired. The county board of 12
elections of the candidate's residence shall issue certificates of election where the 13
successful candidate was voted for by the electors of a city whose boundaries 14
extend beyond those of a single county. The board shall forward the certificate to 15
the elected candidate. If the board finds that two (2) or more candidates have 16
received the highest and equal number of votes for the same office, the board shall 17
determine by lot which of the candidates is elected. 18
(4) In the case of all offices voted for, and in the case of public questions submitted to 19
the vote of the people of the state at large or of a district greater than one (1) county, 20
the county board of elections shall make out duplicate certificates of the total 21
number of votes received by each of the candidates for the office and the total 22
number of votes for and against each of the questions on a form prescribed by the 23
State Board of Elections through the promulgation of administrative regulations in 24
accordance with KRS Chapter 13A. The certificate of the total number of votes 25
shall be certified to the Secretary of State's Office not later than 12 p.m., prevailing 26
time, on the Friday following the election. For special elections the certificate of the 27 UNOFFICIAL COPY 23 RS BR 387
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total number of votes shall be certified to the Secretary of State's Office not later 1
than 12 p.m., prevailing time, on the day following the election. The clerk shall 2
keep one (1) of the certificates in his or her office. He or she shall not later than 3
three (3) days after receiving the certificate from the board, forward the other 4
certificate by mail to the Secretary of State who shall deliver it to the State Board of 5
Elections. 6
(5) The State Board of Elections shall meet, to count and tabulate the votes received by 7
the different candidates as certified to the Secretary of State no later than the third 8
Monday after the election. The right to contest or recount an election in accordance 9
with KRS Chapter 120 shall not be impaired. A majority of the members of the 10
board shall constitute a quorum and may act. The board shall make out the 11
certificates of election in the office of the board from the returns made. The board 12
shall make out duplicate certificates of election, in writing, over the signatures of its 13
members. The board shall forward the original certificate, by mail, to the elected 14
candidate. The duplicate shall be retained in the office of the board. In the case of 15
the election of a representative in Congress, an additional certificate shall be made 16
and sent, by mail, to the clerk of the House of Representatives. 17
(6) The certificate of election shall be issued to the candidate receiving the highest 18
number of votes in the territory from which the election is to be made. Except as 19
provided for those candidates for office elected by ranked-choice voting as 20
prescribed in Sections 2, 3, and 4 of this Act, if two (2) or more persons are found 21
to have received the highest and an equal number of votes for the same office, the 22
election shall be determined by lot in the manner the board directs, in the presence 23
of not less than three (3) other persons. In the case of elections for electors of 24
President and Vice President of the United States, the board shall issue a certificate 25
of election to each elector of the political party or organization whose candidates for 26
President and Vice President received the highest number of votes and the 27 UNOFFICIAL COPY 23 RS BR 387
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determination by the board that the candidates of any political party or organization 1
for President and Vice President have received the highest number of votes shall 2
constitute a determination that the electors nominated by that party have been 3
elected. 4