Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
117.001,
117.025,
117.076,
117.085,
117.086,
117.0861,
117.087,
117.145,
117.225,
117.228,
117.295(1),
117.365,
118.025
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
117.015(1)(a) authorizes the
State Board of Elections to promulgate administrative regulations necessary to
properly carry out its duties.
KRS
117.085,
117.086,
117.087(3)(d),
117.145, and
117.228 require the State Board
of Elections to promulgate administrative regulations that provide for measures
that establish standards for the ballots used during elections, as well as,
measures that ensure that votes cast during an election are done so in a free,
fair, and secure manner. This administrative regulation provides for those
measures.
Section 1. In addition to
the requirements for printed ballots established in
KRS
117.145, ballots caused to be printed by the
county clerk of each county shall meet quality and size standards specific to
the voting systems certified by both the State Board of Elections and the
United States Election Assistance Commission.
Section 2. The outer envelope of all mail-in
absentee ballots shall bear a barcode or other label that is unique to the
individual voter and capable of being read by an electronic optical scanner.
The unique barcode or label for each mail-in absentee ballot outer envelope
shall be issued by the State Board of Elections. Upon the need to issue a voter
a second mail-in absentee ballot pursuant to
KRS
117.085(9), the outer
envelope of the second mail-in absentee ballot shall bear a new unique barcode
or label.
Section 3.
(1) Upon the time of certification of each
candidate and each question to be voted upon, all pre-printed paper ballots
shall be secured by the county clerk of each county, under lock and key, in an
area under the direct control of the county clerk and approved by the county
board of elections.
(2) The
possession of all pre-printed ballots shall be accounted for on SBE Form 76,
Ballot Reconciliation Statement.
(3) If paper ballots need to be printed at a
county clerk's office, an accounting of the printed ballots shall be made on
either the SBE Form 76, Ballot Reconciliation Statement, or by the printing
equipment.
(4) Upon the transfer of
ballots from the area under the direct control of the county clerk to a polling
location, the transfer shall be noted on the SBE Form 76, Ballot Reconciliation
Statement.
(5) Beginning with the
in-person casting of ballots during the period described in
KRS
117.076, each voted in-person ballot shall
remain in a locked and sealed receptacle, until the conclusion of the period
described in KRS
117.295(1).
(6) At the conclusion of each day of voting,
an accounting of the number of all voted, unvoted, and spoiled ballots shall be
recorded on the SBE Form 76, Ballot Reconciliation Statement.
(7) All ballots and election materials not
secured in an area under the direct control of the county clerk after the close
of polls shall be secured at the voting location in a secure manner, based upon
the advice and recommendations of the county board of elections and the sheriff
from the time described in
KRS
117.076 until the conclusion of voting on the
day of an election.
(8) As mail-in
absentee ballots are received by county clerks, they shall have their unique
barcode or label scanned.
(9) Upon
each mail-in absentee ballot being processed, the unique barcode or label shall
be scanned again.
(10) If a mail-in
absentee ballot is found to be without the need for a signature cure, or a
mail-in absentee ballot has been returned along with a completed SBE Form 77,
Discrepant Mail-in Absentee Signature, the ballot shall be recorded into an
optical scanner, to be deposited in a locked and sealed receptacle for the
period described in KRS
117.295(1).
(11) Any completed SBE Form 76, Ballot
Reconciliation Statement shall be turned over to the local Commonwealth's
Attorney along with any other materials required under
KRS
117.365.
Section 4. A voter who is disabled may
request a mail-in absentee ballot via an online accessible ballot portal, which
shall conform to web accessible design standards as established by the W3C Web
Accessibility Initiative at https://www.w3.org/WAI/.
Section 5.
(1) Upon receipt of a valid mail-in ballot
request, through the online request portal or other valid request method, the
request of the voter shall be noted in the Voter Registration System, and
reflected in the electronic pollbooks used by precinct election
officers.
(2) If a voter noted to
have requested a mail-in absentee ballot appears at a polling location to vote
in-person, the precinct election officer shall communicate with the county
clerk, who shall make a determination as to whether the requested mail-in
absentee ballot has been completed and returned as a cast ballot by the
voter.
(3) If the mail-in absentee
ballot is found to have been completed and returned as a cast ballot, the voter
shall not be permitted to cast an in-person vote.
(4) If the mail-in absentee ballot is found
not to have been completed and returned as a cast ballot and the ballot has
been returned to the county clerk no later than seven (7) days prior to the
date of the election as required by
KRS
117.085(8), the county clerk
shall immediately cancel the issued ballot in the Voter Registration System and
allow the voter to cast an in-person ballot after the voter completes Form SBE
32, Oath of Voter, copies of which shall be forwarded to the Commonwealth's
Attorney.
Section 6.
(1) A voter, or an individual identified by
KRS
117.0861(1), may deliver a
mail-in absentee ballot to the office of the county clerk in the county where
the voter is registered, to a secure ballot drop-box in the county where the
voter is registered, or to a secure drop-off receptacle if one (1) is
maintained by the county clerk in the county where the voter is registered,
rather than mailing the ballot via the United States Postal Service.
(2)
(a) A
county choosing to use a receptacle for ballot drop-off other than a drop-box
provided by the State Board of Elections, shall formally seek the State Board
of Elections' approval of the receptacle before any ballot is allowed to be
deposited inside.
(b) A county
choosing to utilize a drop-off receptacle shall provide information about the
receptacle to the State Board of Elections as required by
KRS
117.086(2)(b).
(3) A drop-box or receptacle
located outside a County Clerk's Office shall be located, secured, and
identified as required by
KRS
117.086(2)(c).
(4) A drop-box or receptacle located inside
shall be under direct supervision as required by
KRS
117.086(2)(d) and shall be
clearly marked as for use by voters in the election, so as to differentiate the
drop-box or receptacle from any other that may be in use in the area.
(5) Any other non-elections related drop-box
in use by a county clerk for any other official business shall clearly indicate
that the other drop-box is not for the return of election material.
(6)
(a) The
county clerk shall empty the drop box and any receptacle used each business day
as required by KRS
117.086(2)(e) and secure the
absentee ballots therein in a manner consistent with
KRS
117.086(3).
(b) Upon each emptying of a drop-box or
receptacle, the individuals collecting absentee ballots pursuant to
KRS
117.086(2)(e) shall complete
Form SBE 78, Daily Absentee Drop-Box Verification Sheet.
Section 7.
(1) After the receipt of a mail-in absentee
ballot by the county clerk, the signature shall be examined in accordance with
KRS
117.087(3)(c) 2 and
5.
(2) If a signature match cannot
be made, notice shall be provided to the voter as required by
KRS
117.087(3)(c) 5, which
shall, at minimum, include the mailing of Form SBE 77, Discrepant Mail-in
Absentee Signature.
(3) Upon the
county board of elections, central counting board, or the county clerk
determining the need for a signature cure, the ballot shall be noted in the
Voter Registration System and the county clerk shall, on that same day, input
the voter's address and any other required data into the SBE 77 and mail the
form to the voter.
Section
8. A voter may make application to cast an excused in-person
absentee ballot pursuant to
KRS
117.076(2) by completing SBE
Form 44E, Excused In-Person Absentee Ballot Application.
Section 9. The status of the tamper-resistant
seal and the number on the public counter shall be recorded as required by
KRS
117.076(12) before and after
each day of in-person absentee voting, on SBE Form 79, Daily Voting Machine
Verification Sheet, which cumulatively shall be collected by the County
Clerk.
Section 10. Incorporation by
Reference.
(1) The following material is
incorporated by reference:
(a) "Oath of
Voter", Form SBE 32, 04/2022;
(b)
"Ballot Reconciliation Statement", Form SBE 76, 04/2022;
(c) "Discrepant Mail-in Absentee Signature",
Form SBE 77, 08/2022;
(d) "Excused
In-Person Absentee Ballot Application", Form SBE 44E, 04/2022;
(e) "Daily Voting Machine Verification
Sheet", Form SBE 79, 03/2023; and
(f) "Daily Absentee Drop-Box Verification
Sheet", Form SBE 78, 04/2022.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the State Board of
Elections, 140 Walnut Street, Frankfort, Kentucky 40601, Monday through Friday,
8 a.m. to 4:30 p.m.
(3) This
material may also be obtained on the board's Web site at
https://elect.ky.gov.
STATUTORY AUTHORITY:
KRS
117.015(1)(a),
117.085,
117.086,
117.087(3)(d),
117.145,
117.228
