UNOFFICIAL COPY 24 RS BR 938
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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 117.085 is amended to read as follows: 3
(1) (a) All requests for a mail-in absentee ballot shall be requested through a secure 4
online portal established by the State Board of Elections, except for: 5
1. Voters identified in KRS 117.077; 6
2. Disabled voters; and 7
3. Covered voters in paragraph (i) of this subsection; 8
who have the additional option of requesting a mail-in absentee ballot 9
application through the county clerk. 10
(b) Acquiring a mail-in absentee ballot by means of the online portal shall require 11
the voter to input personally identifiable information for verification. 12
(c) For those voters who do not have the means of accessing the online portal, the 13
county clerk shall fulfill a request for a mail-in absentee ballot by taking the 14
voter's information over the telephone or in person and directly inputting that 15
information into the secure online portal. 16
(d) The online portal shall have the capacity to ensure the identity of the voter 17
through proof of identification as required under KRS 117.227 or by means of 18
KRS 117.228. 19
(e) If a voter qualifies to receive a mail-in absentee ballot, the online portal shall 20
transmit the mail-in absentee ballot request to the county clerk of the county 21
in which the voter is registered to vote. 22
(f) The online portal shall not be open or permit any mail-in ballot requests to 23
occur more than forty-five (45) days immediately preceding the day of a 24
primary or an election. The online portal shall close at 11:59 p.m. local time, 25
fourteen (14) days immediately preceding the day of a primary or an election. 26
(g) Except as otherwise provided in KRS 117.077, the mail-in absentee ballot 27 UNOFFICIAL COPY 24 RS BR 938
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may be requested by the voter or the spouse, parents, or children of the voter, 1
but shall be restricted to the use of the voter. 2
(h) Except as otherwise provided in KRS 117.077 and covered voters in 3
paragraph (i) of this subsection, a qualified voter may apply to cast his or her 4
vote by mail-in absentee ballot if the completed application is received 5
fourteen (14) days before the election, and if the voter is: 6
1. A resident of Kentucky who is a covered voter as defined in KRS 7
117A.010; 8
2. A student who temporarily resides outside the county of his or her 9
residence; 10
3. Incarcerated in jail and charged with a crime, but has not been convicted 11
of the crime; 12
4. Changing or has changed his or her place of residence to a different state 13
while the registration books are closed in the new state of residence 14
before an election of electors for President and Vice President of the 15
United States, in which case the voter shall be permitted to cast a mail-in 16
absentee ballot for electors for President and Vice President of the 17
United States only; 18
5. Temporarily residing outside the state but still eligible to vote in this 19
state; 20
6. Prevented from voting in person at the polls on election day and from 21
casting an excused or no-excuse in-person absentee ballot on all days in-22
person absentee voting is conducted because he or she will be absent 23
from the county of his or her residence all hours and all days excused or 24
no-excuse in-person absentee voting is conducted; 25
7. A participant in the Secretary of State's crime victim address 26
confidentiality protection program as authorized by KRS 14.312;[ or] 27 UNOFFICIAL COPY 24 RS BR 938
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8. Not able to appear at the polls on election day or the days excused or no-1
excuse in-person absentee voting is conducted on the account of age, 2
disability, or illness, and who has not been declared mentally disabled 3
by a court of competent jurisdiction; or 4
9. Desirous of casting his or her vote by mail-in absentee as a matter of 5
convenience. 6
(i) Residents of Kentucky who are covered voters as defined in KRS 117A.010 7
may apply for a mail-in absentee ballot by means of the federal post-card 8
application, which may be transmitted to the county clerk's office by mail, by 9
facsimile machine, or by means of the electronic transmission system 10
established under KRS 117A.030(4). The federal post-card application may 11
be used to register, reregister, and to apply for a mail-in absentee ballot. If the 12
federal post-card application is received at any time not less than seven (7) 13
days before the election, the county clerk shall affix his or her seal to the 14
application form upon receipt. 15
(j) Any qualified voter who is disabled may use an accessible mail-in absentee 16
ballot portal to request and receive a mail-in absentee ballot by means of an 17
electronic transmission system as established under KRS 117A.030(4). The 18
standards necessary to implement this paragraph shall be set by the State 19
Board of Elections pursuant to administrative regulations promulgated under 20
KRS Chapter 13A. 21
(2) For those voters who are eligible to receive a mail-in absentee ballot by means other 22
than the secure online portal pursuant to subsection (1) of this section, the county 23
clerk shall type the name of the voter permitted to vote by mail-in absentee ballot 24
on the mail-in absentee ballot application for that person's use and no other. The 25
mail-in absentee ballot application shall be in the form prescribed by the State 26
Board of Elections, which shall include the voter affirmation form as prescribed in 27 UNOFFICIAL COPY 24 RS BR 938
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KRS 117.228(1)(c) and shall contain the following information: name, residential 1
address, precinct, party affiliation, statement of the reason the person seeks to vote 2
by mail-in absentee ballot[cannot vote in person on the day of an election or during 3
the dates and time no-excuse in-person absentee voting is being conducted], 4
statement of where the voter shall be on election day or during the dates and times 5
no-excuse in-person absentee voting is being conducted, when applicable, 6
statement of compliance with residency requirements for voting in the precinct, an 7
instructional statement prescribing the requirements for providing a copy of the 8
voter's proof of identification or voter affirmation, when applicable, and the voter's 9
mailing address for a mail-in absentee ballot. The mail-in absentee ballot 10
application form shall be verified and signed by the voter, and the voter shall 11
provide a copy of his or her proof of identification, as defined in KRS 117.001, or 12
the executed voter affirmation as described in KRS 117.228(1)(c). A notice of the 13
actual penalty provisions in KRS 117.995(2) and (5) shall be printed on the mail-in 14
absentee ballot application form. 15
(3) For those voters eligible to receive a mail-in absentee ballot, if the county clerk 16
finds that the voter has completed and submitted an application for a mail-in 17
absentee ballot as provided in this section, is properly registered as stated in his or 18
her mail-in absentee ballot application, and qualifies to receive a mail-in absentee 19
ballot by mail, the county clerk shall mail to the voter a mail-in absentee ballot, two 20
(2) official envelopes for returning the mail-in absentee ballot, and instructions for 21
voting. 22
(4) Mail-in absentee ballots shall be mailed to a voter's residential address located in 23
the county in which the voter is registered, except for: 24
(a) Qualified voters who apply pursuant to the requirements of subsection 25
(1)(h)1. to 5. of this section; or 26
(b) Qualified voters covered under KRS 117.077. 27 UNOFFICIAL COPY 24 RS BR 938
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(5) The county clerk shall: 1
(a) Transmit a mail-in absentee ballot to the voter who is eligible to receive a 2
mail-in absentee ballot within four (4) days of receipt or within four (4) days 3
of the ballots being available; 4
(b) Cause mail-in absentee ballots to be printed fifty (50) days prior to each 5
primary or regular election, and forty-five (45) days prior to a special election; 6
and 7
(c) Complete a postal form for a certificate of mailing for mail-in absentee ballots 8
mailed within the fifty (50) states, and it shall be stamped by the postal 9
service when the mail-in absentee ballots are mailed. Unless a postal form for 10
a certificate of mailing is required, the county clerk may use methods of 11
tracking the mail-in absentee ballots by means of a printed barcode or other 12
label that is unique to the individual voter issued by the State Board of 13
Elections pursuant to administrative regulations promulgated under KRS 14
Chapter 13A. 15
(6) A mail-in absentee ballot may be transmitted by facsimile machine or by the 16
electronic transmission system established under KRS 117A.030(4) to a covered 17
voter as defined in KRS 117A.010. The covered voter shall be notified of the 18
options for transmittal of the mail-in absentee ballot, and the mail-in absentee ballot 19
shall be transmitted by the method chosen for receipt by the resident of Kentucky 20
who is a covered voter. 21
(7) The outer envelope of the mail-in absentee ballot shall bear the words "Absentee 22
Ballot", the address and official title of the county clerk, a printed barcode or other 23
label that is unique to the individual voter issued by the State Board of Elections, 24
and adequate space for the voter's signature, voting address, precinct number, and 25
signatures of two (2) witnesses if the voter signs the form with the use of a mark 26
instead of the voter's signature. A detachable flap on the secrecy envelope shall 27 UNOFFICIAL COPY 24 RS BR 938
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provide space for the voter's signature, voting address, precinct number, signatures 1
of two (2) witnesses if the voter signs the form with the use of a mark instead of the 2
voter's signature and notice of penalty provided in KRS 117.995(5). The county 3
clerk shall type the voter's address and precinct number in the upper left hand 4
corner of the outer envelope and of the detachable flap on the secrecy envelope 5
immediately below the blank space for the voter's signature. The secrecy envelope 6
shall be blank. If applicable, the county clerk shall retain the voter's mail-in ballot 7
application, which shall include the photographed copy of the voter's proof of 8
identification or the voter affirmation as prescribed by KRS 117.228(1)(c), and the 9
postal form required by subsection (5) of this section for twenty-two (22) months 10
after the primary or election. 11
(8) Except as otherwise provided in subsection (10) of this section, any person who has 12
received a mail-in absentee ballot but who knows at least seven (7) days before the 13
date of the election that he or she will be in his or her county of residence on 14
election day or during the days of no-excuse in-person absentee voting, or who 15
desires to vote in person, and who has not voted by means of his or her mail-in 16
absentee ballot shall cancel his or her mail-in absentee ballot and vote in person. 17
The voter shall return the mail-in absentee ballot to the county clerk's office by mail 18
or hand delivery no later than seven (7) days prior to the date of the election. Upon 19
the return of the mail-in absentee ballot, the county clerk shall mark on the outer 20
envelope of the sealed ballot or the unmarked ballot the words "Canceled because 21
voter appeared to vote in person." Sealed envelopes so marked shall not be opened. 22
The county clerk shall remove the voter's name from the list of persons who were 23
sent mail-in absentee ballots, and the voter may vote in the precinct in which he or 24
she is properly registered. 25
(9) Any voter qualified for a mail-in absentee ballot who does not receive a requested 26
mail-in absentee ballot within a reasonable amount of time shall contact the county 27 UNOFFICIAL COPY 24 RS BR 938
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clerk, who shall reissue a second mail-in absentee ballot. The county clerk shall 1
keep a record of the mail-in absentee ballots issued and returned by mail, hand-2
delivered, or placed in a secure drop-box or receptacle, and the in-person absentee 3
voting and federal in-person provisional absentee voting that is conducted, to verify 4
that only the first voted ballot is counted. Upon the return of any mail-in absentee 5
ballot after the first mail-in absentee ballot is returned, the county clerk shall mark 6
on the outer envelope of the sealed ballot the words "Canceled because ballot 7
reissued." 8
(10) Any covered voter as defined in KRS 117A.010 who has received a mail-in 9
absentee ballot but who knows that he or she will be in the county on election day 10
or during the days of no-excuse in-person absentee voting, or who desires to vote in 11
person, shall cancel his or her mail-in absentee ballot and vote in person during the 12
days of no-excuse in-person absentee voting or on the day of the election. The voter 13
shall return the mail-in absentee ballot to the county clerk's office on or before 14
election day. Upon the return of the mail-in absentee ballot, the county clerk shall 15
mark on the outer envelope of the sealed mail-in absentee ballot or the unmarked 16
mail-in absentee ballot the words "Canceled because voter appeared to vote in 17
person." Sealed envelopes so marked shall not be opened. The county clerk shall 18
remove the voter's name from the list of persons who were sent mail-in absentee 19
ballots, allow the voter to vote by means of no-excuse in-person absentee ballot, or 20
provide the voter with written authorization to vote at the precinct on election day. 21
If the voter is unable to return the mail-in absentee ballot to the county clerk's office 22
on or before election day, at the time he or she votes in person, he or she shall sign 23
a written oath as to his or her qualifications on a form prescribed by the State Board 24
of Elections pursuant to KRS 117.245. 25
(11) The State Board of Elections shall promulgate administrative regulations to: 26
(a) Ensure election officials have real-time knowledge of which voters have 27 UNOFFICIAL COPY 24 RS BR 938
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requested mail-in absentee ballots; and 1
(b) Provide procedures to be followed if a voter attempts to vote more than once 2
at a primary or an election. 3
(12) Notwithstanding the provisions of the Kentucky Open Records Act, KRS 61.870 to 4
61.884, and except for when the identification of the voter is provided to the county 5
board of elections under KRS 117.087, the information contained in an application 6
for a mail-in absentee ballot shall not be made public until after the close of 7
business hours on the election day for which the application applies. Except for 8
necessary election officials and for election-related duties as prescribed by law, the 9
name of the person who votes by means of a mail-in absentee ballot shall not be 10
disclosed. This subsection shall not prohibit at any time the disclosure, upon 11
request, of the total number of applications for mail-in absentee ballots that have 12
been filed, or the disclosure to the Secretary of State or the State Board of 13
Elections, if requested or if otherwise required by law, of any information in an 14
application for a mail-in absentee ballot. 15
Section 2. KRS 117.076 is amended to read as follows: 16
(1) Any voter who is qualified to vote on election day in the county of his or her 17
residence may choose to cast a no-excuse in-person absentee ballot on any of the 18
twelve (12) working days including two (2) Saturdays[on the Thursday, Friday, or 19
Saturday] immediately preceding the Sunday before[day of] an election. The 20
available hours from which a voter may cast his or her vote during these three (3) 21
days shall be no less than eight (8) hours between 6 a.m. and 8 p.m. prevailing time, 22
as determined by the county board of elections of each county. 23
(2) Any voter who is qualified to vote on election day in the county of his or her 24
residence may make application to cast an excused in-person absentee ballot during 25
normal business hours during the six (6) business days immediately preceding the 26
first day[Thursday] of no-excuse in-person absentee voting under subsection (1) of 27 UNOFFICIAL COPY 24 RS BR 938
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this section. The voter who makes application under this subsection shall meet one 1
(1) of the following requirements in order to cast his or her excused in-person 2
absentee ballot: 3
(a) Is a resident of Kentucky who is a covered voter as defined in KRS 117A.010, 4
who will be absent from the county of his or her residence on the day of an 5
election and during the days of no-excuse in-person absentee voting; 6
(b) Has surgery, or whose spouse has surgery, scheduled that will require 7
hospitalization on the day of an election and during the days of no-excuse in-8
person absentee voting; 9
(c) Temporarily resides outside the state, but is still eligible to vote in this state 10
and will be absent from the county of his or her residence on the day of an 11
election and during the days of no-excuse in-person absentee voting; 12
(d) Is a resident of Kentucky who is a uniformed-service voter as defined in KRS 13
117A.010 confined to a military base on election day and during the days of 14
no-excuse in-person absentee voting; 15
(e) Is in her last trimester of pregnancy and the voter completes the form that is 16
prescribed by the State Board of Elections, which contains a sworn statement 17
that the voter is in her last trimester of pregnancy at the time she wishes to 18
vote; 19
(f) Has not been declared mentally disabled by a court of competent jurisdiction 20
and, due to age, disability, or illness, is not able to appear at the polls on 21
election day and during the days of no-excuse in-person absentee voting; 22
(g) Is a student who temporarily resides outside the county of his or her residence 23
and will be absent from the county of his or her residence on the day of an 24
election and during the days of no-excuse in-person absentee voting; 25
(h) Is a[Any] person employed in an occupation that is scheduled to work during 26
all days and all hours, which shall include commute time, the polls are open 27 UNOFFICIAL COPY 24 RS BR 938
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on election day and during the days of no-excuse in-person absentee voting;[ 1
or] 2
(i) Is an[Any] election officer tasked with election administration for the current 3
election cycle; or 4
(j) Desires to cast his or her vote by mail-in absentee as a matter of 5
convenience. 6
(3) Any voter who votes an in-person absentee or federal provisional in-person 7
absentee ballot shall provide proof of identification as defined in KRS 117.001 or 8
meet the requirements of KRS 117.228 or 117.229. 9
(4) In-person absentee voting shall be conducted in a location within the county clerk's 10
office where ballots shall be cast secretly. In-person absentee voting may occur in 11
another location within the county if the location is designated by the county board 12
of elections and approved by the State Board of Elections. The county clerk may 13
provide for voting by the voting equipment in general use in the county or any other 14
voting equipment approved by the State Board of Elections for use in Kentucky. 15
Public notice of the locations shall be given pursuant to KRS Chapter 424, and 16
similar notice by mail shall be given to the county chairs of the two (2) political 17
parties whose candidates polled the largest number of votes in the county at the last 18
regular election. 19
(5) Any voter qualifying to vote who receives assistance to vote in-person absentee 20
shall complete the voter assistance form required by KRS 117.255. 21
(6) Any voter qualifying to vote whose qualifications are challenged on grounds other 22
than inability to provide proof of identification by any clerk or deputy shall 23
complete an oath of voter affidavit. 24
(7) Each voter casting his or her vote in-person absentee shall sign an in-person 25
absentee ballot signature roster. 26
(8) The members of the county board of elections, or their designees who provide equal 27 UNOFFICIAL COPY 24 RS BR 938
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representation of both political parties, may serve as precinct election officers, 1
without compensation, for all in-person absentee voting conducted. If the members 2
of the county board of elections or their designees serve as precinct election officers 3
for in-person absentee voting, they shall perform the same duties and exercise the 4
same authority as precinct election officers who serve on the day of an election. If 5
the members of the county board of elections or their designees do not serve as 6
precinct election officers for in-person absentee voting, the county clerk or deputy 7
county clerks shall supervise the in-person absentee voting. 8
(9) Any individual qualified to appoint challengers for the day of an election may also 9
appoint challengers to observe all in-person absentee voting, and those challengers 10
may exercise the same privileges as challengers appointed for observing voting on 11
the day of an election at a regular polling place. 12
(10) During the days of in-person absentee voting, all voting equipment on which in-13
person absentee ballots are cast shall remain locked and the keys shall be retained 14
by at least two (2) members of the central ballot counting board who are not of the 15
same political affiliation or by two (2) members of the county board of elections 16
who are not of the same political affiliation, and the voting equipment shall remain 17
locked with a tamper-resistant seal until the ballots are counted. 18
(11) No person shall transmit or publicize any tallies or counts of in-person absentee 19
ballots, or any partial results, to any person except those persons, election officials, 20
or entities authorized by law to receive it, until 6 p.m. prevailing time on the day of 21
a primary or an election. 22
(12) (a) Before and after each day of in-person absentee voting, on all voting 23
equipment to be used, the tamper-resistant seal shall be checked to ensure it is 24
unaltered and the number on the public counter shall be read and recorded. 25
The status of the tamper-resistant seal shall be indicated and the number on 26
the public counter of each voting equipment shall be recorded by the county 27 UNOFFICIAL COPY 24 RS BR 938
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clerk or his or her designated election official, member of the county board of 1
elections, or member of the central ballot counting board. The status of the 2
tamper-resistant seal and the number recorded from the public counter shall 3
be witnessed by an election official who is of a different political affiliation 4
than the person recording. 5
(b) The status of the tamper-resistant seal and the number on the public counter 6
shall be recorded on a form prescribed and furnished by the State Board of 7
Elections pursuant to administrative regulations promulgated under KRS 8
Chapter 13A. 9
(c) The witness who is present shall verify, through validity of his or her 10
signature on the form provided, the accuracy of the number recorded from the 11
public counter, the number recorded on the prescribed form, and the status of 12
the tamper-resistant seal. 13
(d) Any irregularities observed by the election official who is recording and the 14
election official who is a witness shall be immediately reported to the county 15
attorney or the Office of Attorney General. 16
(13) The State Board of Elections shall promulgate administrative regulations under 17
KRS Chapter 13A to provide for the casting of ballots in accordance with this 18
section. 19
Section 3. KRS 117.066 is amended to read as follows: 20
(1) The county board of elections may, pursuant to KRS 117.055 and subsection (3) of 21
this section, designate a single voting location for more than one (1) precinct if the 22
voting location is equipped with voting equipment capable of providing or 23
accepting separate ballots without endangering the integrity of the ballots or 24
without violating any other election law. 25
(2) If a single voting location for more than one (1) precinct is approved under 26
subsection (3) of this section, the primary or election shall be conducted as follows: 27 UNOFFICIAL COPY 24 RS BR 938
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(a) One (1) voting equipment may be used for more than one (1) precinct if 1
ballots are tabulated for each separate precinct, and if separate ballots may be 2
placed upon any voting equipment to be used without endangering the 3
integrity of the ballots or without violating any other election law. Otherwise, 4
separate voting equipment shall be used for each precinct. In the instance of a 5
precinct which has a small number of voters such that the use of separate 6
voting equipment would be cost-prohibitive, the county clerk may make 7
application to the State Board of Elections to use supplemental paper ballots 8
under KRS 118.215 to conduct the voting for the small precinct on any 9
primary or election day. If the use of supplemental paper ballots is approved 10
by the State Board of Elections, at the close of voting on any primary or 11
election day, the locked supplemental paper ballot box shall be transported to 12
the county board of elections along with the federal provisional ballot 13
receptacle, and ballots shall be counted by the county board of elections as 14
provided by KRS 117.275(10) to (16); 15
(b) Separate precinct voter rosters shall be maintained for each precinct, and steps 16
shall be taken to ensure that voters cast their ballot in their duly authorized 17
precinct; and 18
(c) A separate set of election forms and reports required by this chapter and the 19
State Board of Elections shall be maintained for each precinct. 20
(3) The county board of elections may petition the State Board of Elections to allow the 21
consolidation of precincts and the consolidation of precinct election officers at any 22
voting location where voters of more than one (1) precinct vote. The petition shall 23
be on a form prescribed by the State Board of Elections in administrative 24
regulations promulgated under KRS Chapter 13A and shall include: 25
(a) A list of all precincts designated to vote at the voting location; 26
(b) The address and type of facility of the voting location; 27 UNOFFICIAL COPY 24 RS BR 938
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(c) The number and type of voting systems or voting equipment to be used at the 1
voting location; 2
(d) The number of registered voters in each precinct designated to vote at the 3
voting location; 4
(e) An explanation of the reasons why the consolidation is desirable; 5
(f) The plan for additional precinct officers at the voting location, the manner in 6
which they will be assigned, and whether the voting location will be fully 7
staffed with election officials; 8
(g) The plan for how the county clerk will publicize the location for where the 9
voting shall occur, in addition to how each location shall be noted 10
conspicuously to residents of the county as a "Vote Center"; 11
(h) The plan for how the voting location will serve as a focal point to meet the 12
needs of a diverse community; and 13
(i) The number of parking spaces available at the location and a determination as 14
to whether the location has sufficient parking spaces. 15
(4) In addition to precincts, the county board of elections shall ensure that at least 16
one (1) vote center is petitioned for and used in each county, in accordance with 17
subsection (3) of this section. 18
(5) If the petition submitted under subsection (3) of this section is approved by the 19
State Board of Elections, the precinct election officers designated to serve as 20
election officers for more than one (1) precinct shall meet the eligibility 21
requirements of KRS 117.045. 22
(6)[(5)] The Secretary of State shall retain veto authority over any petition that is 23
approved by the State Board of Elections. The State Board of Elections, upon 24
reconsideration of the petition, shall have the power to override a veto of the 25
Secretary of State by a three-fourths (3/4) affirmative vote of the membership of the 26
board. 27