UNOFFICIAL COPY 25 RS BR 1599
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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 117.020 is amended to read as follows: 3
The State Board of Elections may declare a county to be a preclearance county for 4
election purposes when that county has a history of voter fraud, noncompliance with 5
election laws, repeatedly administering elections in a manner that jeopardizes the free 6
and equal exercise of the franchise, or voter complaints about the integrity of a 7
particular election. In a county designated as a preclearance county, all decisions of the 8
county board of elections shall be reported to the State Board of Elections for its review. 9
The failure of a county board of elections of a preclearance county to submit its decisions 10
to the State Board of Elections for its review shall constitute a prima facie case for 11
appointment of an election manager under KRS 117.022. The State Board of Elections 12
may require a preclearance county to submit evidence or justification as required by the 13
state board which is necessary to evaluate the county board's decisions. A county 14
designated as a preclearance county shall retain that designation until it is removed by the 15
State Board of Elections. 16
Section 2. KRS 117.022 is amended to read as follows: 17
The Attorney General, the Secretary of State, and the State Board of Elections, by mutual 18
agreement, may petition Franklin Circuit Court to declare that an election crisis exists in 19
a county where there is evidence of sufficient malfeasance, nonfeasance, or criminal 20
activity to jeopardize a free and equal election in that county and to authorize the State 21
Board of Elections to assume responsibility for the management of the election in that 22
county. If Franklin Circuit Court makes that declaration and grant of authority, the State 23
Board of Elections shall appoint an election manager for that county to serve for the 24
duration of the election cycle and the county clerk, county board of elections, precinct 25
election officers, and any other person participating in the election process in that county 26
shall be subject to the direction of the election manager. An election manager appointed 27 UNOFFICIAL COPY 25 RS BR 1599
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pursuant to this section shall be paid a salary at the same rate as authorized for the 1
local county clerk as an election cost required by KRS 117.345(1). The position of 2
election manager shall not be incompatible with any other elected office or any other 3
employment within the Commonwealth. 4
Section 3. KRS 117.155 is amended to read as follows: 5
(1) The county clerk shall place all ballots required to be placed upon voting equipment 6
in such a manner as will most nearly conform to the plan of arrangement prescribed 7
by the Secretary of State under KRS 118.215. 8
(2) The county clerk shall then see that the counters referred to in KRS 117.125(17) 9
and (18) are set at zero, and shall lock the operating device and mechanism and the 10
devices protecting the counters and ballots, which shall then be covered with a 11
tamper-resistant seal. The county clerk shall then enter in an appropriate book, 12
opposite the number of each precinct the distinguishing number of the voting 13
equipment or the unique designation to be used in that precinct. 14
(3) Immediately upon the conclusion of voting during each day of the in-person 15
absentee voting periods established by KRS 117.076, the county clerk shall make 16
all reasonable efforts to ensure that the e-poll books used in the county have 17
received all data reflecting the voting status of those individuals registered to vote 18
in the county where the e-poll book is in use. 19
(4) The State Board of Elections shall promulgate administrative regulations in 20
accordance with KRS Chapter 13A which shall establish the e-poll book data 21
necessary to determine voting status as required under subsection (3) of this 22
section. 23