UNOFFICIAL COPY 24 RS BR 951
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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 117.275 is amended to read as follows: 3
(1) At the count of the votes in any precinct, any candidate or slate of candidates and 4
any representatives to witness and check the count of the votes therein, who are 5
authorized to be designated[appointed] as [is ]provided in subsection (10)[(9)] of 6
this section, shall be admitted and permitted to be present and witness the count. 7
(2) As soon as the polls are closed, and the last voter has voted, the judges at that time 8
shall immediately lock and seal the voting equipment so that the voting and 9
counting mechanisms will be prevented from operating, and they shall sign a 10
certificate stating: 11
(a) That the voting equipment has been locked against voting and sealed; 12
(b) The number of voters, as shown on the public counters; 13
(c) The number registered on the protective or cumulative counter or device; and 14
(d) The number or other designation of the voting equipment. 15
The certificate, with any additional certificate previously prepared under KRS 16
117.035, shall be returned by the judges of election to the officials authorized by 17
law to receive it. 18
(3) The judges of election shall conduct a voter tally by comparing[compare] the 19
number of voters, as shown by the counter of the voting equipment, with the 20
number of those who have voted as shown by the: 21
(a) Protective or cumulative counter or device; 22
(b) Ballot stubs; 23
(c) Total number of voter signatures collected physically and electronically; 24
and 25
(d) Any paper record indicating or representing assignment of a ballot to a 26
voter, if used. 27 UNOFFICIAL COPY 24 RS BR 951
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(4)[(3)] Where voting equipment is used which does not print the candidates' names 1
along with the total votes received on a general return sheet or record for that 2
equipment, the procedure to be followed shall be as follows: 3
(a) The judges, in the presence of the representatives mentioned in subsection (1) 4
of this section, if any, and of all other persons who may be lawfully within the 5
polling place, shall give full view of all the counter numbers; 6
(b) The judges shall enter, in ink, the total votes cast for each candidate, and slate 7
of candidates, and for and against each question on the return sheets; and 8
(c) Each precinct election officer shall sign the return sheets, and a copy of the 9
return sheets shall be posted on the precinct door. 10
(5)[(4)] Where voting equipment is used that prints the candidates' names along with 11
the total votes received on a return sheet or record for that equipment, the precinct 12
election officers shall sign the return sheets or record for the voting equipment, 13
which shall be posted on the door of the precinct. 14
(6)[(5)] If any officer shall decline to sign the return sheets, he or she shall state the 15
reason in writing, and a copy thereof, signed by the officer, shall be enclosed with 16
the return sheets. 17
(7)[(6)] Each of the return sheets, if applicable, and the record of the voting equipment 18
shall be enclosed in an envelope. One (1) copy of the return sheets, if applicable, 19
one (1) copy of the record of the voting equipment, and the write-in roll, if any 20
write-in votes were cast in the precinct, shall be directed to the county board of 21
elections of the county in which the election is being held. One (1) copy of the 22
return sheets or record of the voting equipment shall be given to the county clerk of 23
the county in which the election is being held and to each of the local governing 24
bodies of the two (2) dominant political parties, but a local governing body of a 25
dominant political party may decline a copy of the precinct election return by filing 26
a written declination with the county board of elections prior to the election, and 27 UNOFFICIAL COPY 24 RS BR 951
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upon this declination, a printed copy shall not be issued to the political party so 1
declining. The declination on file shall be effective for that election and any 2
subsequent elections until revoked by the local governing body of a dominant 3
political party by filing a written revocation with the county board of elections. The 4
envelope shall have endorsed thereon a certificate of the election officers, stating 5
the number or unique designation of the voting equipment, the precinct where it has 6
been used, the number on the seal, and the number on the protective or cumulative 7
counter or device at the close of the polls. 8
(8)[(7)] During the period established by KRS 117.355(3), and following the 9
tabulation of all votes cast in the election, including absentee votes and write-in 10
votes: 11
(a) The county board of elections shall mail, transmit via facsimile machine, 12
hand-deliver, or submit by electronic means a copy of the precinct-by-precinct 13
summary of the tabulation sheets showing the results from each precinct to the 14
State Board of Elections. The copy of the precinct-by-precinct summary of the 15
tabulation sheets showing the results from each precinct shall include the 16
votes cast on the day of an election and during in-person absentee voting; and 17
(b) The county clerk shall mail or deliver the precinct signature rosters from each 18
precinct and the in-person absentee ballot signature roster to the State Board 19
of Elections. 20
(9)[(8)] For each voting location, as soon as possible after the completion of the count, 21
the two (2) election officers who are not of the same political affiliation shall return 22
to the county board of elections the keys to the voting equipment received and 23
receipted for by them, and the county clerk, in each voting location, shall have the 24
voting equipment properly boxed or securely covered and removed to a proper and 25
secure place of storage. 26
(10)[(9)] In primaries, each candidate or group of candidates may designate to the 27 UNOFFICIAL COPY 24 RS BR 951
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county board of elections a representative to witness and check the vote count. In 1
regular elections, the governing authority of each political party, each candidate for 2
member of board of education, nonpartisan candidate, political group candidate, 3
political organization candidate, independent candidate, or independent ticket may 4
designate a representative to the county board of elections to witness and check the 5
vote count. The county board of elections shall authorize representatives of the 6
news media to witness the vote count. 7
(11)[(10)] For all federal provisional ballots, if applicable, and supplemental paper 8
ballots if approved as provided in KRS 118.215, after the polls are closed, the two 9
(2) judges shall return to the county clerk's office the locked federal provisional 10
ballot receptacle and the supplemental paper ballot box, all ballot stubs, spoiled 11
ballots, and unvoted ballots at the same time as the tabulation of votes from the 12
voting equipment is delivered. The county clerk shall issue a receipt for the number 13
of ballot stubs, unvoted ballots, spoiled ballots, and the ballot boxes or ballot 14
receptacle. 15
(12)[(11)] The county board of elections, or its designee, shall count and tally the 16
supplemental paper ballots that have not been tabulated by automatic tabulating 17
equipment at the precinct, either manually or with the use of tabulating equipment 18
that has been certified by the State Board of Elections for use for that purpose in the 19
county clerk's office. The results of the vote tally shall be certified by the county 20
board of elections to the county clerk and to the Secretary of State. 21
(13)[(12)] The county board of elections shall tabulate the valid federal provisional 22
ballots. The results of the vote tally shall be certified by the county board of 23
elections to the county clerk and to the Secretary of State. The county board of 24
elections shall mail a copy of the precinct-by-precinct summary of the valid federal 25
provisional ballot tabulation sheets showing the results from each precinct to the 26
State Board of Elections. 27 UNOFFICIAL COPY 24 RS BR 951
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(14)[(13)] The county board of elections shall authorize the candidates, slates of 1
candidates, or their representatives, and representatives of the news media to be 2
present during the counting of the supplemental and federal provisional paper 3
ballots. 4
(15)[(14)] No person shall transmit or publicize any tallies or counts of ballots, or any 5
partial results, to any person except those persons, election officials, or entities 6
authorized by law to receive it, until 6 p.m. prevailing time on the day of a primary 7
or an election. 8
(16) (a) The county board of elections shall not certify election results without an 9
exact match of voter tallies and ballot cast tallies. To certify, the county 10
board of elections shall compare the tallies of voters with the tallies of cast 11
ballots, accounting for spoiled ballots, federal provisional ballots, and 12
supplemental provisional ballots. 13
(b) The tallies between voters and ballots must be an exact match to certify the 14
results. The results shall be certified by the county board of elections to the 15
county clerk and the Secretary of State as the official result of the election. 16
(c) If the tallies between voters and ballots or among ballots are not an exact 17
match, the county board of elections shall: 18
1. File a report with the local grand jury in accordance with KRS 19
117.355; 20
2. Keep all the tally sheets, papers, or notes in accordance with 21
subsection (18) of this section; and 22
3. Recommend to the State Board of Elections to certify the election net 23
result only if the difference in tallied votes and voters exceeds the 24
difference between ballot choices in any contest, or to request 25
resources for further investigation by the board. 26
(d) When the certification of the tally comparisons is complete, the election 27 UNOFFICIAL COPY 24 RS BR 951
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clerk shall publicly announce the results and shall, on demand of any 1
candidate or any person present, furnish a certified copy of the results. 2
(17)[(15)] (a) Unofficial election results transmitted online to the county board of 3
elections or the State Board of Elections shall occur by means of a secure 4
online connection after results are tallied on the tally computer that has been 5
certified in accordance with KRS 117.379 as part of a voting system as 6
defined in KRS 117.001. 7
(b) If an external device is used to upload election results for the subsequent 8
transmission, the device shall be used for that primary or election only and be 9
of a type approved by the State Board of Elections as part of a voting system 10
under KRS 117.379. The upload of the election results shall occur in the 11
presence of two (2) members of the county board of elections who are of a 12
different political affiliation. 13
(18)[(16)] Except as otherwise required in this chapter, all records and papers relating to 14
specified elections shall be retained for twenty-two (22) months, and the county 15
clerk shall retain the voted federal provisional ballots, voter affirmations, election 16
official affirmations, and the supplemental paper ballots for twenty-two (22) 17
months and the unvoted federal provisional ballots, the voter affirmations, election 18
official affirmations, and the supplemental paper ballots for sixty (60) days after 19
each election day, after which time they shall be destroyed in a manner to render 20
them unreadable by the county board of elections if no contest or recount action has 21
been filed. 22
Section 2. KRS 117.066 is amended to read as follows: 23
(1) The county board of elections may, pursuant to KRS 117.055 and subsection (3) of 24
this section, designate a single voting location for more than one (1) precinct if the 25
voting location is equipped with voting equipment capable of providing or 26
accepting separate ballots without endangering the integrity of the ballots or 27 UNOFFICIAL COPY 24 RS BR 951
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without violating any other election law. 1
(2) If a single voting location for more than one (1) precinct is approved under 2
subsection (3) of this section, the primary or election shall be conducted as follows: 3
(a) One (1) voting equipment may be used for more than one (1) precinct if 4
ballots are tabulated for each separate precinct, and if separate ballots may be 5
placed upon any voting equipment to be used without endangering the 6
integrity of the ballots or without violating any other election law. Otherwise, 7
separate voting equipment shall be used for each precinct. In the instance of a 8
precinct which has a small number of voters such that the use of separate 9
voting equipment would be cost-prohibitive, the county clerk may make 10
application to the State Board of Elections to use supplemental paper ballots 11
under KRS 118.215 to conduct the voting for the small precinct on any 12
primary or election day. If the use of supplemental paper ballots is approved 13
by the State Board of Elections, at the close of voting on any primary or 14
election day, the locked supplemental paper ballot box shall be transported to 15
the county board of elections along with the federal provisional ballot 16
receptacle, and ballots shall be counted by the county board of elections as 17
provided by KRS 117.275(11) to (18)[ (10) to (16)]; 18
(b) Separate precinct voter rosters shall be maintained for each precinct, and steps 19
shall be taken to ensure that voters cast their ballot in their duly authorized 20
precinct; and 21
(c) A separate set of election forms and reports required by this chapter and the 22
State Board of Elections shall be maintained for each precinct. 23
(3) The county board of elections may petition the State Board of Elections to allow the 24
consolidation of precincts and the consolidation of precinct election officers at any 25
voting location where voters of more than one (1) precinct vote. The petition shall 26
be on a form prescribed by the State Board of Elections in administrative 27 UNOFFICIAL COPY 24 RS BR 951
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regulations promulgated under KRS Chapter 13A and shall include: 1
(a) A list of all precincts designated to vote at the voting location; 2
(b) The address and type of facility of the voting location; 3
(c) The number and type of voting systems or voting equipment to be used at the 4
voting location; 5
(d) The number of registered voters in each precinct designated to vote at the 6
voting location; 7
(e) An explanation of the reasons why the consolidation is desirable; 8
(f) The plan for additional precinct officers at the voting location, the manner in 9
which they will be assigned, and whether the voting location will be fully 10
staffed with election officials; 11
(g) The plan for how the county clerk will publicize the location for where the 12
voting shall occur, in addition to how each location shall be noted 13
conspicuously to residents of the county as a "Vote Center"; 14
(h) The plan for how the voting location will serve as a focal point to meet the 15
needs of a diverse community; and 16
(i) The number of parking spaces available at the location and a determination as 17
to whether the location has sufficient parking spaces. 18
(4) 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
(5) The Secretary of State shall retain veto authority over any petition that is approved 23
by the State Board of Elections. The State Board of Elections, upon reconsideration 24
of the petition, shall have the power to override a veto of the Secretary of State by a 25
three-fourths (3/4) affirmative vote of the membership of the board. 26
Section 3. KRS 117.355 is amended to read as follows: 27 UNOFFICIAL COPY 24 RS BR 951
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(1) Within three (3) days after any primary or general election, the precinct election 1
sheriff shall file a report with the chair of the county board of elections and with the 2
local grand jury. The report shall include any irregularities observed and any 3
recommendations for improving the election process. 4
(2) Within ten (10) days after any primary or general election, the county board of 5
elections shall file a report with the State Board of Elections and the local grand 6
jury. The report shall include any irregularities of which the county board has 7
knowledge and any recommendations for improving the election process. The 8
report shall also include a breakdown by precinct of the number of voters requiring 9
assistance to vote and the reasons therefor; the number of special ballots cast by 10
category; and any other information required by the state board. 11
(3) Within thirty (30) days after any primary or general election, the county board of 12
elections shall transmit the information required by KRS 117.275(5) to (8)[ (4) to 13
(7)]. 14
(4) The State Board of Elections shall issue administrative regulations under KRS 15
Chapter 13A to prescribe the forms required by this section. 16