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116.025 Eligibility to vote.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Every person who is a resident of this state and the precinct in which he or she
offers to vote on or before the day preceding the closing of the registration
books for any primary, general, or special election, who possesses on the day
of any election the qualifications set forth in Section 145 of the Constitution,
exclusive of the durational residency requirements, who is not disqualified
under that section or under any other statute, and who is registered as
provided in this chapter, may vote for all officers to be elected by the people
and on all public questions submitted for determination at that election, in the
precinct in which he or she is qualified to vote. Any person who shall have
been convicted of any election law offense which is a felony shall not be
permitted to vote until his or her civil rights have been restored by executive
pardon.
Any person charged with or indicted for a crime, whether or not in custody for
same, who has not yet been convicted of the offense and who is not otherwise
ineligible to vote, may vote for all offices to be elected by the people and on all
public questions submitted for determination at that election, in the precinct in
which he or she is qualified to vote.
A registered voter who changes his or her place of residence from one (1)
precinct to another within the same county while the registration books are
closed shall be permitted to update the voting records and to vote in the
present election at the appropriate precinct for the current address as set forth
in KRS 116.085(3).
Notwithstanding any provision of law to the contrary, any registered voter who
changes his or her place of residence from one (1) precinct to another within
the same county prior to the closing of the registration books and who fails to
transfer his or her registration with the county clerk prior to the date the
registration books are closed shall be permitted to vote in the present election
at the appropriate precinct for the current address as set forth in KRS
116.085(2).
Any registered voter who changes his or her place of residence to a different
county while the registration books are closed shall be permitted to vote at the
appropriate precinct for his or her former residence in the present election and
shall thereafter transfer his or her voter registration.
Any registered voter who changes his or her place of residence to a different
county and fails to register to vote in the county of current residence prior to the
date the registration books are closed shall not be eligible to vote in the present
election in the county of current residence or the county of former residence.
Any registered voter who changes his or her place of registration to a different
state while the registration books are closed in the new state of residence
before a presidential election shall be permitted to cast an absentee ballot for
President and Vice President only, notwithstanding subsection (1) of this
section, by mail or at the county clerk's office of the former residence or other
place designated by the county board of elections and approved by the State
Board of Elections.
Effective:March 30, 2006
History: Amended 2006 Ky. Acts ch. 107, sec. 2, effective March 30, 2006. --
Amended 2002 Ky. Acts ch. 63, sec. 1, effective July 15, 2002. -- Amended
1994 Ky. Acts ch. 393, sec. 4, effective January 1, 1995. -- Amended 1990 Ky.
Acts ch. 48, sec. 2, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 341,
sec. 20, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 360, sec. 36,
effective July 15, 1982. -- Created 1974 Ky. Acts ch. 130, sec. 2, effective June
21, 1974.
Legislative Research Commission Note (7/15/94). In Attorney General Opinion
94-42, it was concluded that 1994 Ky. Acts ch. 393, which amended this statute
"will take effect on January 1, 1995, the date the National Voter Registration Act
will take effect with respect to Kentucky."
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