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AN ACT relating to elections. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 117.087 is amended to read as follows: 3
(1) The challenge of a mail-in absentee ballot shall be in writing and in the hands of the 4
county clerk before 8 a.m. on the day preceding any primary, regular election, or 5
special election day. 6
(2) The county board of elections may appoint a central ballot counting board of not 7
less than three (3) members, who shall be qualified voters and no more than two-8
thirds (2/3) of whom shall be members of the same political party, to process, 9
review, and count the ballots at the direction of the county board of elections. 10
(3) (a) Beginning at 8 a.m. on any primary, regular election, or special election day, 11
the county board of elections or central ballot counting board shall meet at the 12
county clerk's office or other place designated by the county board of 13
elections to process and review the mail-in absentee ballots returned. 14
Candidates or their representatives shall be permitted to be present. The 15
county board of elections or central ballot counting board may meet up to 16
fourteen (14) days prior to the day of a primary or election to review and 17
process the mail-in absentee ballots cast in the county. The county board of 18
elections or central ballot counting board shall meet as often as necessary 19
during these fourteen (14) days to process and review returned mail-in 20
absentee ballots, including expediting any signature cures. 21
(b) The county board of elections or counting board chair or the chair's designee 22
shall provide each board member with a list of all voters who have returned a 23
mail-in absentee ballot by mail. If a list of all voters who have returned a 24
mail-in absentee ballot by mail is not provided to the board, the name of each 25
voter who cast an absentee ballot by mail shall be read aloud. The county 26
board of elections shall authorize representatives of the news media to 27 UNOFFICIAL COPY 24 RS BR 308
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observe the processing and review of the ballots to determine their acceptance 1
or rejection. 2
(c) Acceptance or rejection of the mail-in absentee ballots shall be determined as 3
follows: 4
1. The county board of elections or the central ballot counting board shall 5
open the boxes containing absentee ballots returned by mail, hand 6
delivered, or deposited in a drop-box or receptacle, and remove the 7
envelopes one (1) at a time. All mail-in absentee ballots returned shall 8
have their barcode or unique label scanned to note official receipt; 9
2. As each envelope is removed, it shall be examined to ascertain whether 10
the outer envelope and the detachable flap are in proper order and have 11
been signed by the voter, except if: 12
a. The detachable flap and outer envelope for the voter have been 13
signed by a person having power of attorney for the voter, and that 14
person has completed the voter assistance form required by KRS 15
117.255; or 16
b. The voter has signed the detachable flap and outer envelope with 17
the use of a mark instead of the voter's signature, the county board 18
of elections or the central ballot counting board shall verify that 19
the mark was made in the presence of two (2) witnesses; 20
3. Ballots with unsigned detachable flaps or outer envelopes shall be 21
rejected automatically; 22
4. Ballots that have not been sent by the county clerk to a qualified voter, 23
but are received by the county board of elections or the central ballot 24
counting board shall be rejected automatically; 25
5. The members of the county board of elections, or the members of the 26
central ballot counting board, shall compare the signatures on the outer 27 UNOFFICIAL COPY 24 RS BR 308
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envelope and the detachable flap with the signature of the voter that 1
appears on the voter's signature of record, which record shall include the 2
signature on the voter's identity document as defined in KRS 186.010, 3
the voter's mail-in absentee ballot application, or the voter's registration 4
card. If a signature match cannot be made, the county board of elections, 5
central ballot counting board, or the county clerk shall make a 6
reasonable effort to contact the voter and provide notice to the voter 7
with a timeframe and manner in which the voter may cure his or her 8
signature relative to the mail-in absentee ballot signature. All signature 9
cures shall be completed before the closing of the polls on the day of a 10
primary or an election; 11
6. If the outer envelope and the detachable flap are found to be in order, 12
the members of the county board of elections or the members of the 13
central ballot counting board shall verify the voter's name from the list 14
of persons who were sent mail-in absentee ballots, but if a list has not 15
been provided to the board, the name of the voter shall be read aloud; 16
7. If the vote of the voter is not rejected on a challenge as provided in 17
subparagraph 8. of this paragraph or as otherwise provided in this 18
subsection, the members of the county board of elections or the 19
members of the central ballot counting board shall remove the 20
detachable flap and place the secrecy envelope unopened in a ballot box 21
which has been provided for the purpose; 22
8. When the name of a voter who cast a mail-in absentee ballot is 23
processed and reviewed by the members of the county board of elections 24
or the members of the central ballot counting board, the vote of the voter 25
may be challenged by any board member or by the written challenge 26
provided in subsection (1) of this section and the challenge may be 27 UNOFFICIAL COPY 24 RS BR 308
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determined and the vote accepted or rejected by the board as if the voter 1
was present and voting in person; but if the outer envelope and the 2
detachable flap are regular, and each substantially comply with the 3
provisions of this chapter, they shall be considered as showing that the 4
voter is prima facie entitled to vote. If the vote of a voter is rejected 5
pursuant to the challenge, the secrecy envelope shall not be opened, but 6
returned to the outer envelope upon which the chair or member shall 7
write on the envelope the word "rejected"; 8
9. If irregularities are discovered in the review and processing of the mail-9
in absentee ballot, the county board of elections or the central ballot 10
counting board shall immediately report to the county attorney or the 11
Office of the Attorney General; and 12
10. The ballot box into which all accepted mail-in absentee ballots are 13
placed shall be locked with at least two (2) locks and the keys to the box 14
shall be retained by at least two (2) members of the county board of 15
elections who are not of the same political affiliation or two (2) 16
members of the central ballot counting board, who are not of the same 17
political affiliation. The box shall remain locked until the ballots are 18
counted. 19
(d) The State Board of Elections shall promulgate administrative regulations 20
under KRS Chapter 13A establishing the form of the notice required under 21
this subsection for the curing of signatures. 22
(4) (a) Beginning at 8 a.m. local time on any primary, regular election, or special 23
election day, the county board of elections or a central ballot counting board 24
shall meet in the county clerk's office or other place designated by the county 25
board of elections to: 26
1. Review and process any mail-in absentee ballots returned using the 27 UNOFFICIAL COPY 24 RS BR 308
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procedures in subsection (3) of this section; and 1
2. Count, or the county board of elections may oversee the count by the 2
central ballot counting board, the accepted mail-in absentee ballots and 3
total and record the in-person absentee votes cast. 4
(b) During the review, processing, and counting of the absentee ballots and votes, 5
candidates or their representatives shall be permitted to be present, and the 6
county board of elections shall authorize representatives of the news media to 7
observe. 8
(5) After the challenges have been made and all the blank secrecy envelopes have been 9
placed in a ballot box, the box shall be thoroughly shaken or shuffled to redistribute 10
the absentee ballots in the box to ensure secrecy of the vote. The board shall open 11
the ballot box, remove the absentee ballots from the secrecy envelopes, and count 12
the ballots. 13
(6) The board shall unlock and break the tamper-resistant seal to any voting equipment 14
used to cast in-person absentee ballots, as provided for in KRS 117.076, and a total 15
of all in-person absentee ballots shall be made and recorded on the form provided 16
by the State Board of Elections. 17
(7) No person shall transmit or publicize any tallies or counts of the absentee ballot 18
results or any partial results as provided in this section to any person except those 19
persons, election officials, or entities authorized by law to receive it, until 7 p.m.[6 20
p.m.] prevailing time on the day of a primary or an election. 21
Section 2. KRS 118.035 is amended to read as follows: 22
(1) The polls shall be opened on the day of a primary, special election, or regular 23
election at 6 a.m., prevailing time, and shall remain open until each voter who is 24
waiting in line at the polls at 7 p.m.[6 p.m.], prevailing time, has voted. At 7 p.m.[6 25
p.m.], prevailing time, if voters are waiting at the polls to vote, the precinct election 26
sheriff shall announce that a voter wishing to vote must immediately get in line. 27 UNOFFICIAL COPY 24 RS BR 308
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When all voters waiting at the polls at that time are in line, the precinct election 1
sheriff shall then determine which voter is the last in line, and that voter shall be the 2
last voter permitted to vote. The precinct election sheriff shall wait in line with the 3
last voter who shall be permitted to vote until that voter has voted and shall inform 4
a voter who subsequently arrives at the polls that no one shall be permitted to vote 5
after the last voter in line at 7 p.m.[6 p.m.], prevailing time. After the last voter 6
waiting in line at 7 p.m.[6 p.m.], prevailing time, has voted, the polls shall then be 7
closed. 8
(2) As provided in Section 148 of the Constitution of Kentucky, any person entitled to 9
a vote at any election in this state shall, if he or she has made application for leave 10
prior to the day he or she appears before the county clerk to request an application 11
for or to execute an absentee ballot, be entitled to absent himself or herself from 12
any services or employment in which he or she is then engaged or employed for a 13
reasonable time, but not less than four (4) hours on the day he or she appears before 14
the clerk to request an application for or to execute an absentee ballot, during 15
normal business hours of the office of the clerk or to cast his or her ballot on the 16
day of the election between the time of opening and closing the polls. The employer 17
may specify the hours during which an employee may absent himself or herself. 18
(3) No person shall be penalized for taking a reasonable time off to vote, unless, under 19
circumstances which did not prohibit him or her from voting, he or she fails to 20
vote. Any qualified voter who exercises his or her right to voting leave under this 21
section but fails to cast his or her vote, under circumstances which did not prohibit 22
him or her from voting, may be subject to disciplinary action. 23
(4) Any person selected to serve as an election officer shall be entitled to absent 24
himself or herself from any services or employment in which he or she is then 25
engaged or employed for a period of an entire day to attend training or to serve as 26
an election officer. The person shall not, because of so absenting himself or herself, 27 UNOFFICIAL COPY 24 RS BR 308
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be liable to any penalty. The employer may specify the hours during which the 1
employee may absent himself or herself. No person shall refuse an employee the 2
privilege hereby conferred, or discharge or threaten to discharge an employee or 3
subject an employee to a penalty, because of the exercise of the privilege. 4
Section 3. KRS 117.076 is amended to read as follows: 5
(1) Any voter who is qualified to vote on election day in the county of his or her 6
residence may choose to cast a no-excuse in-person absentee ballot on the 7
Thursday, Friday, or Saturday immediately preceding the day of an election. The 8
available hours from which a voter may cast his or her vote during these three (3) 9
days shall be no less than eight (8) hours between 6 a.m. and 8 p.m. prevailing time, 10
as determined by the county board of elections of each county. 11
(2) Any voter who is qualified to vote on election day in the county of his or her 12
residence may make application to cast an excused in-person absentee ballot during 13
normal business hours during the six (6) business days immediately preceding the 14
Thursday of no-excuse in-person absentee voting under subsection (1) of this 15
section. The voter who makes application under this subsection shall meet one (1) 16
of the following requirements in order to cast his or her excused in-person absentee 17
ballot: 18
(a) Is a resident of Kentucky who is a covered voter as defined in KRS 117A.010, 19
who will be absent from the county of his or her residence on the day of an 20
election and during the days of no-excuse in-person absentee voting; 21
(b) Has surgery, or whose spouse has surgery, scheduled that will require 22
hospitalization on the day of an election and during the days of no-excuse in-23
person absentee voting; 24
(c) Temporarily resides outside the state, but is still eligible to vote in this state 25
and will be absent from the county of his or her residence on the day of an 26
election and during the days of no-excuse in-person absentee voting; 27 UNOFFICIAL COPY 24 RS BR 308
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(d) Is a resident of Kentucky who is a uniformed-service voter as defined in KRS 1
117A.010 confined to a military base on election day and during the days of 2
no-excuse in-person absentee voting; 3
(e) Is in her last trimester of pregnancy and the voter completes the form that is 4
prescribed by the State Board of Elections, which contains a sworn statement 5
that the voter is in her last trimester of pregnancy at the time she wishes to 6
vote; 7
(f) Has not been declared mentally disabled by a court of competent jurisdiction 8
and, due to age, disability, or illness, is not able to appear at the polls on 9
election day and during the days of no-excuse in-person absentee voting; 10
(g) Is a student who temporarily resides outside the county of his or her residence 11
and will be absent from the county of his or her residence on the day of an 12
election and during the days of no-excuse in-person absentee voting; 13
(h) Any person employed in an occupation that is scheduled to work during all 14
days and all hours, which shall include commute time, the polls are open on 15
election day and during the days of no-excuse in-person absentee voting; or 16
(i) Any election officer tasked with election administration for the current 17
election cycle. 18
(3) Any voter who votes an in-person absentee or federal provisional in-person 19
absentee ballot shall provide proof of identification as defined in KRS 117.001 or 20
meet the requirements of KRS 117.228 or 117.229. 21
(4) In-person absentee voting shall be conducted in a location within the county clerk's 22
office where ballots shall be cast secretly. In-person absentee voting may occur in 23
another location within the county if the location is designated by the county board 24
of elections and approved by the State Board of Elections. The county clerk may 25
provide for voting by the voting equipment in general use in the county or any other 26
voting equipment approved by the State Board of Elections for use in Kentucky. 27 UNOFFICIAL COPY 24 RS BR 308
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Public notice of the locations shall be given pursuant to KRS Chapter 424, and 1
similar notice by mail shall be given to the county chairs of the two (2) political 2
parties whose candidates polled the largest number of votes in the county at the last 3
regular election. 4
(5) Any voter qualifying to vote who receives assistance to vote in-person absentee 5
shall complete the voter assistance form required by KRS 117.255. 6
(6) Any voter qualifying to vote whose qualifications are challenged on grounds other 7
than inability to provide proof of identification by any clerk or deputy shall 8
complete an oath of voter affidavit. 9
(7) Each voter casting his or her vote in-person absentee shall sign an in-person 10
absentee ballot signature roster. 11
(8) The members of the county board of elections, or their designees who provide equal 12
representation of both political parties, may serve as precinct election officers, 13
without compensation, for all in-person absentee voting conducted. If the members 14
of the county board of elections or their designees serve as precinct election officers 15
for in-person absentee voting, they shall perform the same duties and exercise the 16
same authority as precinct election officers who serve on the day of an election. If 17
the members of the county board of elections or their designees do not serve as 18
precinct election officers for in-person absentee voting, the county clerk or deputy 19
county clerks shall supervise the in-person absentee voting. 20
(9) Any individual qualified to appoint challengers for the day of an election may also 21
appoint challengers to observe all in-person absentee voting, and those challengers 22
may exercise the same privileges as challengers appointed for observing voting on 23
the day of an election at a regular polling place. 24
(10) During the days of in-person absentee voting, all voting equipment on which in-25
person absentee ballots are cast shall remain locked and the keys shall be retained 26
by at least two (2) members of the central ballot counting board who are not of the 27 UNOFFICIAL COPY 24 RS BR 308
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same political affiliation or by two (2) members of the county board of elections 1
who are not of the same political affiliation, and the voting equipment shall remain 2
locked with a tamper-resistant seal until the ballots are counted. 3
(11) No person shall transmit or publicize any tallies or counts of in-person absentee 4
ballots, or any partial results, to any person except those persons, election officials, 5
or entities authorized by law to receive it, until 7 p.m.[6 p.m.] prevailing time on the 6
day of a primary or an election. 7
(12) (a) Before and after each day of in-person absentee voting, on all voting 8
equipment to be used, the tamper-resistant seal shall be checked to ensure it is 9
unaltered and the number on the public counter shall be read and recorded. 10
The status of the tamper-resistant seal shall be indicated and the number on 11
the public counter of each voting equipment shall be recorded by the county 12
clerk or his or her designated election official, member of the county board of 13
elections, or member of the central ballot counting board. The status of the 14
tamper-resistant seal and the number recorded from the public counter shall 15
be witnessed by an election official who is of a different political affiliation 16
than the person recording. 17
(b) The status of the tamper-resistant seal and the number on the public counter 18
shall be recorded on a form prescribed and furnished by the State Board of 19
Elections pursuant to administrative regulations promulgated under KRS 20
Chapter 13A. 21
(c) The witness who is present shall verify, through validity of his or her 22
signature on the form provided, the accuracy of the number recorded from the 23
public counter, the number recorded on the prescribed form, and the status of 24
the tamper-resistant seal. 25
(d) Any irregularities observed by the election official who is recording and the 26
election official who is a witness shall be immediately reported to the county 27 UNOFFICIAL COPY 24 RS BR 308
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attorney or the Office of Attorney General. 1
(13) The State Board of Elections shall promulgate administrative regulations under 2
KRS Chapter 13A to provide for the casting of ballots in accordance with this 3
section. 4
Section 4. KRS 117.275 is amended to read as follows: 5
(1) At the count of the votes in any precinct, any candidate or slate of candidates and 6
any representatives to witness and check the count of the votes therein, who are 7
authorized to be appointed as is provided in subsection (9) of this section, shall be 8
admitted and permitted to be present and witness the count. 9
(2) As soon as the polls are closed, and the last voter has voted, the judges at that time 10
shall immediately lock and seal the voting equipment so that the voting and 11
counting mechanisms will be prevented from operating, and they shall sign a 12
certificate stating: 13
(a) That the voting equipment has been locked against voting and sealed; 14
(b) The number of voters, as shown on the public counters; 15
(c) The number registered on the protective or cumulative counter or device; and 16
(d) The number or other designation of the voting equipment. 17
The certificate, with any additional certificate previously prepared under KRS 18
117.035, shall be returned by the judges of election to the officials authorized by 19
law to receive it. The judges shall compare the number of voters, as shown by the 20
counter of the voting equipment, with the number of those who have voted as 21
shown by the protective or cumulative counter or device. 22
(3) Where voting equipment is used which does not print the candidates' names along 23
with the total votes received on a general return sheet or record for that equipment, 24
the procedure to be followed shall be as follows: 25
(a) The judges, in the presence of the representatives mentioned in subsection (1) 26
of this section, if any, and of all other persons who may be lawfully within the 27 UNOFFICIAL COPY 24 RS BR 308
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polling place, shall give full view of all the counter numbers; 1
(b) The judges shall enter, in ink, the total votes cast for each candidate, and slate 2
of candidates, and for and against each question on the return sheets; and 3
(c) Each precinct election officer shall sign the return sheets, and a copy of the 4
return sheets shall be posted on the precinct door. 5
(4) Where voting equipment is used that prints the candidates' names along with the 6
total votes received on a return sheet or record for that equipment, the precinct 7
election officers shall sign the return sheets or record for the voting equipment, 8
which shall be posted on the door of the precinct. 9
(5) If any officer shall decline to sign the return sheets, he or she shall state the reason 10
in writing, and a copy thereof, signed by the officer, shall be enclosed with the 11
return sheets. 12
(6) Each of the return sheets, if applicable, and the record of the voting equipment shall 13
be enclosed in an envelope. One (1) copy of the return sheets, if applicable, one (1) 14
copy of the record of the voting equipment, and the write-in roll, if any write-in 15
votes were cast in the precinct, shall be directed to the county board of elections of 16
the county in which the election is being held. One (1) copy of the return sheets or 17
record of the voting equipment shall be given to the county clerk of the county in 18
which the election is being held and to each of the local governing bodies of the two 19
(2) dominant political parties, but a local governing body of a dominant political 20
party may decline a copy of the precinct election return by filing a written 21
declination with the county board of elections prior to the election, and upon this 22
declination, a printed copy shall not be issued to the political party so declining. 23
The declination on file shall be effective for that election and any subsequent 24
elections until revoked by the local governing body of a dominant political party by 25
filing a written revocation with the county board of elections. The envelope shall 26
have endorsed thereon a certificate of the election officers, stating the number or 27 UNOFFICIAL COPY 24 RS BR 308
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unique designation of the voting equipment, the precinct where it has been used, the 1
number on the seal, and the number on the protective or cumulative counter or 2
device at the close of the polls. 3
(7) During the period established by KRS 117.355(3), and following the tabulation of 4
all votes cast in the election, including absentee votes and write-in votes: 5
(a) The county board of elections shall mail, transmit via facsimile machine, 6
hand-deliver, or submit by electronic means a copy of the precinct-by-precinct 7
summary of the tabulation sheets showing the results from each precinct to the 8
State Board of Elections. The copy of the precinct-by-precinct summary of the 9
tabulation sheets showing the results from each precinct shall include the 10
votes cast on the day of an election and during in-person absentee voting; and 11
(b) The county clerk shall mail or deliver the precinct signature rosters from each 12
precinct and the in-person absentee ballot signature roster to the State Board 13
of Elections. 14
(8) For each voting location, as soon as possible after the completion of the count, the 15
two (2) election officers who are not of the same political affiliation shall return to 16
the county board of elections the keys to the voting equipment received and 17
receipted for by them, and the county clerk, in each voting location, shall have the 18
voting equipment properly boxed or securely covered and removed to a proper and 19
secure place of storage. 20
(9) In primaries, each candidate or group of candidates may designate to the county 21
board of elections a representative to witness and check the vote count. In regular 22
elections, the governing authority of each political party, each candidate for 23
member of board of education, nonpartisan candidate, political group candidate, 24
political organization candidate, independent candidate, or independent ticket may 25
designate a representative to the county board of elections to witness and check the 26
vote count. The county board of elections shall authorize representatives of the 27 UNOFFICIAL COPY 24 RS BR 308
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news media to witness the vote count. 1
(10) For all federal provisional ballots, if applicable, and supplemental paper ballots if 2
approved as provided in KRS 118.215, after the polls are closed, the two (2) judges 3
shall return to the county clerk's office the locked federal provisional ballot 4
receptacle and the supplemental paper ballot box, all ballot stubs, spoiled ballots, 5
and unvoted ballots at the same time as the tabulation of votes from the voting 6
equipment is delivered. The county clerk shall issue a receipt for the number of 7
ballot stubs, unvoted ballots, spoiled ballots, and the ballot boxes or ballot 8
receptacle. 9
(11) The county board of elections, or its designee, shall count and tally the 10
supplemental paper ballots that have not been tabulated by automatic tabulating 11
equipment at the precinct, either manually or with the use of tabulating equipment 12
that has been certified by the State Board of Elections for use for that purpose in the 13
county clerk's office. The results of the vote tally shall be certified by the county 14
board of elections to the county clerk and to the Secretary of State. 15
(12) The county board of elections shall tabulate the valid federal provisional ballots. 16
The results of the vote tally shall be certified by the county board of elections to the 17
county clerk and to the Secretary of State. The county board of elections shall mail 18
a copy of the precinct-by-precinct summary of the valid federal provisional ballot 19
tabulation sheets showing the results from each precinct to the State Board of 20
Elections. 21
(13) The county board of elections shall authorize the candidates, slates of candidates, or 22
their representatives, and representatives of the news media to be present during the 23
counting of the supplemental and federal provisional paper ballots. 24
(14) No person shall transmit or publicize any tallies or counts of ballots, or any partial 25
results, to any person except those persons, election officials, or entities authorized 26
by law to receive it, until 7 p.m.[6 p.m.] prevailing time on the day of a primary or 27 UNOFFICIAL COPY 24 RS BR 308
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an election. 1
(15) (a) Unofficial election results transmitted online to the county board of elections 2
or the State Board of Elections shall occur by means of a secure online 3
connection after results are tallied on the tally computer that has been certified 4
in accordance with KRS 117.379 as part of a voting system as defined in KRS 5
117.001. 6
(b) If an external device is used to upload election results for the subsequent 7
transmission, the device shall be used for that primary or election only and be 8
of a type approved by the State Board of Elections as part of a voting system 9
under KRS 117.379. The upload of the election results shall occur in the 10
presence of two (2) members of the county board of elections who are of a 11
different political affiliation. 12
(16) Except as otherwise required in this chapter, all records and papers relating to 13
specified elections shall be retained for twenty-two (22) months, and the county 14
clerk shall retain the voted federal provisional ballots, voter affirmations, election 15
official affirmations, and the supplemental paper ballots for twenty-two (22) 16
months and the unvoted federal provisional ballots, the voter affirmations, election 17
official affirmations, and the supplemental paper ballots for sixty (60) days after 18
each election day, after which time they shall be destroyed in a manner to render 19
them unreadable by the county board of elections if no contest or recount action has 20
been filed. 21