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117.245 Procedure when voter's right to vote disputed.
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The fact that a person is registered constitutes only prima facie evidence of his
right to vote and does not prevent the officers of any election from refusing to
allow him to vote for cause.
When the officers of an election disagree as to the qualifications of a voter or if
his right to vote is disputed by a challenger, the voter shall sign a written oath
as to his qualifications before he is permitted to vote. The oath shall be in such
form as prescribed by the State Board of Elections and twenty (20) printed
copies shall be included in the election supplies of each precinct.
The subscribed oaths shall be returned to the county clerk who shall deliver
them to the Commonwealth's attorney.
The Commonwealth's attorney and county attorney shall investigate each of
the oaths and cause to be summoned before the grand jury the witnesses they
or either of them, deem proper, and the grand jury shall make a thorough
investigation of all votes so cast, and return indictments against all persons
illegally voting. The foreman of the grand jury shall return to the county clerk all
of the oaths upon which no indictments are found. The clerk shall safely keep
them as a part of the records of his office, and shall produce any or all of them,
when required, to any subsequent grand jury.
Effective:July 15, 1982
History: Amended 1982 Ky. Acts ch. 394, sec. 15, effective July 15, 1982. -Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 130, effective January 2,
1978. -- Created 1974 Ky. Acts ch. 130, sec. 38, effective June 21, 1974.
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