Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
117.085,
117.086,
117.235,
117.255,
117.275,
117.355,
118.425,
119.307
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
117.015(1)(a) authorizes the
State Board of Elections to promulgate administrative regulations necessary to
implement the provisions of KRS Chapter 117.
KRS
117.355(4) requires the
State Board of Elections to prescribe the forms for the precinct election
sheriff and the county board of elections to report election irregularities and
recommendations for improving the election process, to report special ballot
and voter assistance usage statistics, and to report other information required
by the state board. KRS 117.086(5)
requires the State Board of Elections to prescribe a form on which the county
board of elections shall report the number of rejected absentee ballots and the
reasons for rejection of those ballots.
KRS
118.425(4) requires the
State Board of Elections to prescribe a form by which the county board of
elections shall make out duplicate certificates of the total number of votes
received by each of the candidates for office and the total number of votes for
an against each of the ballot questions.
KRS
117.275(15) requires a
secure online connection be available for the transmission of unofficial
election results from county boards of election to the State Board of Elections
following the tallying of votes. This administrative regulation establishes the
procedure and forms for the county clerk, the county board of elections, and
the precinct election sheriff to report election and voting data after the
election.
Section 1. The following
reporting forms shall be filed in accordance with the referenced statutes:
(1) Pursuant to
KRS
117.355(1), the precinct
election sheriff shall file the Precinct Election Sheriff's Postelection
Report, SBE 53, with the chair of the county board of elections and the local
grand jury;
(2) Pursuant to
KRS
117.355(2), the county board
of election shall file the County Board of Elections Postelection Report, SBE
54, with the State Board of Elections and the local grand jury;
(3) Pursuant to
KRS
117.275(7) and
117.355(2), the
county board of elections shall file the County Board of Elections Postelection
Statistical Report, SBE 54A, with the State Board of Elections;
(4) Pursuant to
KRS
117.355(2), the county board
of elections shall file the County Board of Elections Precinct Election
Officials Absence Report, SBE 54B, with the State Board of Elections;
(5) Pursuant to
KRS
117.275(12) and
117.086(4)(c),
the county clerk shall file the County Board of Elections Provisional Ballots
Issued to Voters and Counted, SBE 54C with the State Board of
Elections.
(6) Pursuant to
KRS
117.086(4)(a)-(b), the
county clerk shall file the Absentee Ballot Report, SBE 33A, with the State
Board of Elections;
(7) Pursuant to
KRS
117.086(5), the county board
of elections shall file the Number of Rejected Absentee Ballots and Reasons for
Rejected Ballots, SBE 33B; and
(8)
Pursuant to KRS
117.275(11)-(12) and
118.425(4), the county board of elections shall file the Certification Official
Count and Record of Election Totals, SBE 49, with the Secretary of
State.
Section 2. Any
form described in Section 1 that is capable of being recorded or filled
automatically through the State Board of Elections' Voter Registration System
may be deemed by the State Board of Elections as being transmitted following
the successful capture of all required information by the Voter Registration
System.
Section 3.
(1) Pursuant to
KRS
117.275(15), the State Board
of Elections shall develop and maintain a platform with a secure online
connection for the transmission of unofficial election results from county
boards of election to the State Board of Elections following the tallying of
votes for all primary, and regular elections, as well as special elections for
statewide office, the General Assembly, and the United States
Congress.
(2) Beginning at 6:00
p.m., prevailing time, on the day of a primary or regular election, as well as
a special election for statewide office, the General Assembly, and the United
States Congress, county boards of election shall use the secure online platform
maintained by the State Board of Elections to transmit their county's
unofficial election tally. The unofficial vote tally transmitted shall include
precinct-by-precinct totals from counts of all mail-in absentee ballots,
excused in-person absentee ballots, no-excuse inperson absentee ballots, and
election day ballots, and shall include totals for those candidates who have
filed a declaration of intent to be a write-in candidate pursuant to
KRS
117.265(2). Unofficial vote
tallys transmitted using the secure online platform shall be transmitted using
a computer-file-type and format selected by the State Board of Elections, which
shall be selected following the certification of candidates by the Secretary of
State pursuant to KRS 118.215(1),
or immediately after receiving the Secretary of State's certification pursuant
to KRS
118.770.
(3) The State Board of Elections shall
display the tally information received from the county boards of election
through the secure online transmittal platform on a secure website freely
available to the general public. The display shall list precinct-by-precinct
tallys for all candidates and questions but shall only list a candidate's
precinct absentee vote totals as cumulative.
(4) County boards of election or county
clerks shall verify with the State Board of Elections that their county's
unofficial vote tally has been successfully transmitted to the State Board of
Elections no later than six (6) hours after the close of polls. Should a
county's tally not be complete six (6) hours after the close of polls, a
representative of the county clerk's office shall update the State Board of
Elections by telephone as to the status of the tally transmittal at the end of
the sixth hour and then subsequently at the top of each following hour unless
the transmittal is completed before such time.
Section 4. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Precinct Election Sheriff's
Postelection Report", SBE 53, 04/2024;
(b) "County Board of Elections Post-election
Report", SBE 54, 04/2024;
(c)
"County Board of Elections Post-election Statistical Report", SBE 54A,
04/2024;
(d) "County Board of
Elections Precinct Election Officials Absence Report", SBE 54B, 04/2024
September 2002;
(e) "Absentee
Ballot Report", SBE 33A, 04/2024;
(f) "Number of Rejected Absentee Ballots and
Reasons for Rejected Ballots", SBE 33B, 04/2024; and
(g) "Certification Official Count and Record
of Election Totals", SBE 49, 04/2024.
(2) This material may also be obtained on the
board's Web site at
https://elect.ky.gov.
STATUTORY AUTHORITY:
KRS
117.015(1)(a),
117.086(5),
117.275(15),
117.355(4),
118.425(4)
