Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
61.826,
117.001,
117.015,
117.025,
117.035,
117.225,
117.245,
117.227,
117.228,
117.245
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
117.015(1)(a) authorizes the
State Board of Elections to promulgate administrative regulations necessary to
properly administer the election laws of the state.
KRS
117.035(4)(c) requires that
county boards of election meet and stay in session on primary, regular
election, and special election days to correct clerical errors, to rules on
questions regarding voter registration, proof of identification, and the curing
of signatures relative to mail-in absentee ballots.
KRS
117.025(3)(d) requires the
State Board of Elections to select the required format for any voter
registration list provided to a county clerk.
KRS
117.228 details the procedures for casting a
ballot if a voter is unable to provide proof of identification or is otherwise
known to an election officer and requires the State Board of Elections to
prescribe and furnish forms that voters must complete in these circumstances.
This administrative regulation establishes procedures for when a voter's
eligibility is questioned and the forms that are to be completed when
necessary.
Section 1.
(1) A voter unable to provide proof of
identification as required under
KRS
117.225, and as defined under
KRS
117.001(15), shall:
(a) Meet the requirements of
KRS
117.228(1)(c) by executing
SBE Form 71, Voter Affirmation Form; and
(b) Provide alternative proof of
identification as required by
KRS
117.228(2).
(2) A voter personally known to an
election officer may cast a ballot in accordance with
KRS
117.228(4) upon the election
officer executing SBE Form 72, Election Officer Affirmation Form.
(3) Both the SBE 71 and SBE 72 shall be
forwarded to the local Commonwealth's Attorney following the
election.
Section 2.
(1) If an individual presents themselves to
an election officer to vote and is not found on the signature roster provided
to the county under KRS 117.025(3)(b) or
(3)(c) and is not a participant in the Safe
at Home Program authorized under
KRS
14.302, the individual may vote upon the
following taking place:
(a) The individual
shall provide to the election officer proof of identification as required by
KRS
117.225, or the individual shall follow the
procedures of KRS
117.228 if they are unable to provide proof
of identification;
(b) The election
officer shall contact the county clerk's office and verify that the information
provided by the individual establishes that they are registered to vote at the
location where the individual has presented themselves;
(c) The individual shall complete the Form
SBE 32, Oath of Voter;
(d) The
individual shall complete the Form SBE 01, Commonwealth of Kentucky Voter
Registration Application;
(e) The
individual shall sign the Form SBE 25, Supplemental Precinct Signature
Roster;
(f) The election officer
shall inform the individual that the Form SBE 32, Oath of Voter shall be
forwarded to the local Commonwealth's Attorney following the
election.
(2) If the
election officer is unable to verify through the county clerk's office that the
individual is properly registered to vote in the location where the individual
has presented themselves, the election officer shall:
(a) Inform the individual of the location
where they are properly registered vote, if known;
(b) Inform the individual of their ability to
request a hearing before the county board of elections;
(c) Inform the individual of their ability to
cast a provisional ballot for the federal elective office of President, Vice
President, United States Senator, and United States House of Representative;
and if an individual chooses to cast a provisional ballot for an applicable
federal elective office, the election officer shall have the individual sign
the Form SBE 35, Provisional Ballot Precinct Signature Roster.
(3) All Form SBE 25, Supplemental
Precinct Signature Rosters and Form SBE 35, Provisional Ballot Precinct
Signature Rosters, when used for the purposes described in this section, shall
be completed digitally through an e-poll book unless there is an emergency
condition that renders the e-poll book inoperable, in which case paper forms
shall be used. Should such an emergency condition exist, the election officer
shall record the circumstances of the emergency condition on the paper
forms.
Section 3. During
the days that voting may occur during any primary, regular election, and
special election, including voting by mail-in absentee ballot, a county board
of elections may elect to meet the requirements of
KRS
117.035(4)(c) via a video
teleconference subject to the mandates of
KRS
61.826.
(1)
Should a county board of elections elect to meet via video teleconference
during a day in which voting may occur, the county clerk's office and each
voting location in use in the county shall have technology available to every
voter so that the voter may appear before the county board at no financial
expense to the voter.
(2) If a
county board of elections elects not to meet via video teleconference during a
day in which voting may occur, a voter desiring to appear before the county
board shall be provided with an option so that the voter may appear before the
county board via teleconference, provided that the voter can make themselves
available via the same teleconferencing technology the county board has chosen
to utilize for such hearings.
Section
4. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Commonwealth of Kentucky Voter
Registration Application", Form SBE 01, 04/2024;
(b) "Supplemental Precinct Signature Roster",
Form SBE 25, 04/2024;
(c) "Oath of
Voter", Form SBE 32, 04/2024;
(d)
"Provisional Ballot Precinct Signature Roster", Form SBE 35, 04/2024;
(e) "Voter Affirmation Form", Form SBE 71,
04/2022;
(f) "Election Officer
Affirmation Form", Form SBE 72, 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 Frankfort, Kentucky 40601,
Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
61.826,
117.015
