UNOFFICIAL COPY 24 RS HB 53/GA
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AN ACT relating to elections and making an appropriation therefor. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 117.001 is amended to read as follows: 3
As used in this chapter, unless the context otherwise requires: 4
(1) "Audit log" means a detailed record of all actions and events that have occurred on 5
the voting system, including: 6
(a) Log-in attempts with username and time stamp; 7
(b) Election definition and setup; 8
(c) Ballot preparation and results processing; 9
(d) Diagnostics of any type; and 10
(e) Error and warning messages and operator response; 11
(2) "Automatic tabulating equipment" means apparatus necessary to automatically 12
examine and count votes as designated on ballots and data processing machines 13
which can be used for counting ballots and tabulating results; 14
(3) "Ballot" or "official ballot" means the official presentation of offices and candidates 15
to be voted for, including write-in candidates, and all public questions submitted for 16
determination, and shall include a voting machine ballot, a paper ballot, an absentee 17
ballot, a federal provisional ballot, a federal provisional absentee ballot, or a 18
supplemental paper ballot which has been authorized for the use of voters in any 19
primary, regular election, or special election by the Secretary of State or the county 20
clerk; 21
(4) "Ballot box" means any box, bag, or other container that can be locked, sealed, or 22
otherwise rendered tamper-resistant, for receiving ballots; 23
(5) "Ballot marking device" means any approved device for marking a ballot which 24
will enable the ballot to be tabulated manually or by means of automatic tabulating 25
equipment; 26
(6) "Election" or "elections" means any primary, regular election, or special election; 27 UNOFFICIAL COPY 24 RS HB 53/GA
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(7) "Election officer" has the same meaning as in KRS 118.015; 1
(8) "E-poll book" means an electronic device capable of holding a file of voter data and 2
related information for use in identifying registered voters prior to a voter's 3
receiving or casting a ballot, and allowing a voter to electronically sign in on an 4
electronic registered voter roster in lieu of signing a paper registered voter roster; 5
(9) "Federal provisional voter" means a person: 6
(a) Who does not appear to be registered to vote; 7
(b) Whose name does not appear on the precinct roster; 8
(c) Who has not provided proof of identification to the precinct election officer 9
before voting in a federal election; and 10
(d) Who elects to proceed with voting a federal provisional ballot under KRS 11
117.229; 12
(10) "Federal provisional ballot" or "federal provisional absentee ballot" means ballots 13
which have been authorized by the Secretary of State or the county clerk to be used 14
by federal provisional voters in any federal primary or election; 15
(11) "Inner envelope" or "secrecy envelope" means the envelope provided to the voter 16
with a ballot into which the voter shall place his or her voted ballot; 17
(12) "Political group" has the same meaning as in KRS 118.015; 18
(13) "Political organization" has the same meaning as in KRS 118.015; 19
(14) "Precinct ballot counter" means an automatic tabulating device used at the precinct 20
to tabulate and process ballots; 21
(15) "Proof of identification" means a document that was issued by: 22
(a) The United States or the Commonwealth of Kentucky, and the document 23
contains: 24
1. The name of the individual to whom the document was issued; and 25
2. A photograph of the individual to whom the document was issued; 26
(b) The United States Department of Defense, a branch of the uniformed services, 27 UNOFFICIAL COPY 24 RS HB 53/GA
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the Merchant Marine, or the Kentucky National Guard, and the document 1
contains: 2
1. The name of the individual to whom the document was issued; and 3
2. A photograph of the individual to whom the document was issued; 4
(c) A public or private college, university, or postgraduate technical or 5
professional school located within the United States, and the document 6
contains: 7
1. The name of the individual to whom the document was issued; and 8
2. A photograph of the individual to whom the document was issued; or 9
(d) Any city government, county government, urban-county government, charter 10
county government, consolidated local government, or unified local 11
government, which is located within this state, and the document contains: 12
1. The name of the individual to whom the document was issued; and 13
2. A photograph of the individual to whom the document was issued; 14
(16) ["Risk-limiting audit" means an audit protocol that makes use of statistical 15
principles and methods and is designed to limit to acceptable levels the risk of 16
certifying a preliminary election outcome that constitutes an incorrect outcome; 17
(17) ]"Voting booth" or "ballot completion area" means an area in which a voter casts 18
his or her vote or completes his or her ballot which is designed to ensure the secrecy 19
of the vote; 20
(17)[(18)] "Vote center" means a consolidated precinct of the county; 21
(18)[(19)] "Voting equipment" means any physical component of a voting system and 22
includes voting machines where voting machines are in operation; 23
(19)[(20)] "Voting machine" or "machine": 24
(a) Means a part of a voting system that consists of [: 25
1. A direct recording electronic voting machine that: 26
a. Records votes by means of a ballot display provided with 27 UNOFFICIAL COPY 24 RS HB 53/GA
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mechanical or electro-operated components that may be actuated 1
by the voter; 2
b. Processes the data by means of a computer program; 3
c. Records voting data and ballot images in internal and external 4
memory components; and 5
d. Produces a tabulation of the voting data stored in a removable 6
memory component and on a printed copy; or 7
2. ]one (1) or more electronic devices that operate independently or as a 8
combination of a ballot marking device and an electronic or automatic 9
vote tabulation device; and 10
(b) Does not include an e-poll book; 11
(20)[(21)] "Voting system": 12
(a) Means the total combination of physical, mechanical, electromechanical, or 13
electronic equipment, including the software, hardware, firmware, and 14
documentation required to program, control, and support that equipment, that 15
is used to: 16
1. Define ballots; 17
2. Cast and count votes; 18
3. Report or display election results; and 19
4. Maintain and produce any audit trail information; 20
(b) Includes the practices and associated documentation used to: 21
1. Identify system components and versions of those components; 22
2. Test the system during its development and maintenance; 23
3. Maintain records of system errors and defects; 24
4. Determine specific system changes to be made to a system after the 25
initial qualification of the system; 26
5. Make available any materials to the voter, such as notices, instructions, 27 UNOFFICIAL COPY 24 RS HB 53/GA
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forms, or paper ballots; and 1
(c) Does not include an e-poll book; and 2
(21)[(22)] "Voter-verified paper audit trail" means a contemporaneous paper record of a 3
ballot printed for the voter to confirm his or her votes before the voter casts his or 4
her ballot that: 5
(a) Allows the voter to verify the voter's ballot choices before the casting of the 6
voter's ballot; 7
(b) Is not retained by the voter; 8
(c) Does not contain individual voter information; 9
(d) Is produced on paper that is sturdy, clean, and resistant to degradation; and 10
(e) Is readable in a manner that makes the voter's ballot choices obvious to the 11
voter or any person without the use of computer or electronic code. 12
Section 2. KRS 117.383 is amended to read as follows: 13
The State Board of Elections shall promulgate administrative regulations under KRS 14
Chapter 13A which shall maintain the maximum degree of correctness, impartiality, and 15
efficiency of the procedures of voting and shall provide methods to: 16
(1) Count, tabulate, and record votes; 17
(2) Place items on any ballot which shall, as closely as possible, follow the 18
requirements pertaining to ballots; 19
(3) Design the ballots to include a system to ensure an accurate record of all voting 20
activities; 21
(4) Instruct voters in the use of the voting system, including any ballot marking device; 22
(5) Provide for checking the accuracy of the voting system; 23
(6) Provide necessary supplies, including those necessary for a write-in vote, to ensure 24
voter privacy; 25
(7) [As part of the official canvass, provide for a manual recount of randomly selected 26
precincts representing three percent (3%) to five percent (5%) of the total ballots 27 UNOFFICIAL COPY 24 RS HB 53/GA
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cast in each election; 1
(8) ]Provide for the conducting and review of an audit of any component of a voting 2
system or any voting equipment, and a review of any audit log; 3
(8)[(9) (a)] Provide for the conducting and review of an election audit[ , including a 4
risk-limiting audit, and risk-limiting audit pilot program, all of] which shall 5
establish the protocol by which ballots are checked, compared, and verified with the 6
results produced by vote tallying equipment to ensure accuracy through a hand-to-7
eye recount defined and conducted as follows: 8
(a) To validate the accuracy and fidelity of the vote tabulation, the Secretary of 9
State or his or her designee shall randomly select, in all counties of the 10
Commonwealth, one (1) ballot scanner and one (1) race tabulated on that 11
scanner for a hand-to-eye recount to be performed by each county board of 12
elections or its designee; 13
(b) The sealed ballot boxes and signed tabulator tally tape or record from 14
election day, as established in KRS 117.275, shall be provided by the county 15
board of elections at an agreed upon location, and shall be accessible for 16
public viewing. The sealed ballots are only to be unsealed in the presence of 17
the county board of elections or its designee and public witnesses; 18
(c) A minimum of two (2) qualified poll workers, not of the same political party, 19
shall be selected from lists of available volunteers, sworn in by the county 20
board of elections or its designee to do the hand-to-eye recount, and 21
compensated at the local poll worker rate. A video recording device shall be 22
used for recording the event and it may be streamed for public internet 23
viewing; 24
(d) Ballots are to be aligned for stacking as needed, then viewed one (1) at a 25
time, with each volunteer making a tally mark on a tally sheet for each vote 26
cast for each candidate. Any ballots that are disputed or unclearly marked 27 UNOFFICIAL COPY 24 RS HB 53/GA
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shall be set aside and the county board of elections or its designee shall 1
determine voter intent; 2
(e) Once the hand-to-eye recount is completed, each volunteer shall add up the 3
tally marks for each candidate, write down a total number of votes for each 4
candidate, and sign the tally sheet. The county board of elections or its 5
designee shall verify if the two (2) separate hand-to-eye tallies match. If the 6
two (2) hand-to-eye tallies do not match each other, the process must be 7
repeated until the totals are matching. Once this occurs, the county board of 8
elections or its designee shall also verify the tallies by signing each tally 9
sheet. Then, the ballots must be returned to the ballot box and resealed in 10
the presence of the county board of elections or its designee and public 11
witnesses; 12
(f) The county board of elections or its designee shall compare the signed 13
register tape total from the vote tabulation machine on election day to the 14
hand-to-eye tallies. If there is a discrepancy between the machine count and 15
the hand-to-eye recount, other than instances of voter intent markings 16
outside the designated marking area on the paper ballot that were 17
unreadable by the scanner, or unscanned overvotes resulting from two (2) 18
or more voter intent marks on the same race, the county board of elections 19
or its designee shall open an election investigation including a review of 20
election day irregularity reports. If more discrepancies are found, the 21
county board of elections or its designee shall broaden the investigation 22
until the reason for the discrepancy is discovered and subsequently resolved. 23
A determination as to whether the outcome of the race could have been 24
impacted by the discrepancies shall be made and any findings shall be 25
reported to the Attorney General and Secretary of State; and 26
(g) The county board of elections or its designee shall examine the electronic or 27 UNOFFICIAL COPY 24 RS HB 53/GA
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paper sign-in records from the precinct or vote center and validate that the 1
ballots cast and recounted were less than or equal to the sign-in records for 2
that precinct or vote center. If the cast ballots for the precinct or vote center 3
exceed the number of voters on the sign-in records for the precinct or vote 4
center, the county board of elections shall open an election investigation 5
and report the findings to the Attorney General and Secretary of State[. 6
(b) The pilot program shall, at a minimum, include individuals representing the 7
State Board of Elections, the Office of the Secretary of State, and no fewer 8
than five percent (5%) of Kentucky's counties. 9
(c) The risk-limiting audit and risk-limiting audit pilot program shall make the 10
results of its findings available to the public]; 11
(9)[(10)] Provide a method for maintaining sufficient documents, including ballots and 12
records, so that votes can be recounted; 13
(10)[(11)] Ensure the county board of elections produces accurate precinct-by-precinct 14
summaries of tabulation sheets showing the results of each precinct during in-15
person absentee voting, election day voting, and when a county is approved to use a 16
vote center; 17
(11)[(12)] Except as otherwise required in this chapter, all records and papers relating to 18
specified elections be retained for twenty-two (22) months, such documents and 19
records shall be maintained for thirty (30) days following an election; and 20
(12)[(13)] Unless contrary to the Help America Vote Act of 2002, ensure that all federal 21
provisional voting shall be conducted in a manner as prescribed by KRS Chapters 22
116 to 120. 23
Section 3. KRS 117.295 is amended to read as follows: 24
(1) For a period of thirty (30) days following any election, the voting equipment shall 25
remain locked against voting, the ballot boxes containing all paper ballots shall 26
remain locked, and the voting equipment and ballot boxes shall be under video 27 UNOFFICIAL COPY 24 RS HB 53/GA
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surveillance. The system used to conduct the video surveillance shall have enough 1
storage capacity to retain sixty (60) consecutive days of continuous recording data. 2
The voting equipment and the ballot boxes may be opened and all the data and 3
figures therein examined: 4
(a) Upon the order of any court of competent jurisdiction, or judge thereof; 5
(b) By direction of any legislative committee or board authorized and empowered 6
to investigate and report upon contested elections; 7
(c) By a county board of elections or its designee under the direction of the 8
Secretary of State[State Board of Elections] pursuant to a hand-to-eye 9
recount as described in Section 2 of this Act[risk-limiting audit]; or 10
(d) As required to conduct a recount under KRS 120.157. 11
All the data and figures shall be examined by the court, judge, county board of 12
elections, State Board of Elections, or committee in the presence of the officer 13
having the custody of the voting equipment, ballots, and ballot boxes. In the event 14
of a contest of election, the court in which the contest is pending or the committee 15
before which the contest is being heard may, upon motion of any party to the 16
contest, issue an order requiring that the voting equipment, ballots, and ballot boxes 17
shall remain continuously locked for further time as may be reasonable or 18
necessary, with due regard for the preparation of the voting equipment for a 19
succeeding primary, regular election, or special election, but in no event shall the 20
order compel that the voting equipment remain locked to a time within thirty (30) 21
days next preceding any approaching primary, regular election, or special election. 22
(2) During the period when the voting equipment and the ballot boxes are required to 23
be kept locked, the keys thereto shall remain in the possession of the county board 24
of elections. After that period, it shall be the duty of the county board of elections to 25
return the keys to the custody of the county clerk. 26
Section 4. There is hereby appropriated General Fund moneys in the amount of 27 UNOFFICIAL COPY 24 RS HB 53/GA
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$1,200,000 in fiscal year 2024-2025 and $1,200,000 in fiscal year 2025-2026 to the 1
Board of Elections to reimburse each county clerk up to $5,000 for actual expenses 2
incurred for each election in which the clerk conducts a hand-to-eye recount as outlined 3
in Section 2 of this Act. 4