2014 Kentucky Revised Statutes
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117.035 County board of elections -- Membership -- Appointed members -Meetings -- Staff.
There shall be a county board of elections, which shall, at the direction and
under the supervision of the State Board of Elections, administer the election
laws and the registration and purgation of voters within the county.
(a) The board shall consist of the county clerk, the sheriff, and two (2)
members appointed by the State Board of Elections not later than July 1
following the election of persons to statewide office, for a term of four (4)
years and until their successors are appointed.
(b) The sheriff shall not serve on the board during any year in which he is a
candidate, but shall recommend to the board a temporary replacement to
serve in his place. If the sheriff cannot serve because he is sick, injured,
or otherwise incapacitated, he may recommend a temporary replacement
to serve in his place until the sheriff may resume his duties or a vacancy
in office is declared.
(c) The county clerk may, at his option, continue to serve on the board during
a year in which he is a candidate. If the clerk elects not to serve, he shall
recommend a temporary replacement to serve in his place. If the county
clerk cannot serve because he is sick, injured, or otherwise incapacitated,
he may recommend a temporary replacement to serve in his place until
the county clerk may resume his duties or a vacancy in office is declared.
Notwithstanding the provisions of KRS 61.080, service on the board
of elections shall be compatible with the holding of any other county
or city office.
The members shall be at least twenty-one (21) years of age,
qualified voters in the county from which they are appointed, and
shall not have been convicted of any election law offense.
One (1) member shall be appointed from a list of five (5) names
submitted by the county executive committee of each political party
as defined in KRS 118.015. If there are two (2) or more contending
executive committees of the same political party in any county, the
one recognized by the written certificate of the chairman of the state
central committee of the political party shall be the one authorized to
submit the lists.
If the State Board of Elections does not receive the list as required
by subparagraph 3. of this paragraph for each political party for each
county by the deadline established in paragraph (a) of this
subsection or within one (1) month of a vacancy, then the chair of
the state central committees for the political parties may submit lists
of five (5) names of qualified residents from the remaining counties
by August 1 following the election of persons to statewide office or
within two (2) months of a vacancy.
If the State Board of Elections does not receive a list from either the
county executive committee under subparagraph 3. of this
paragraph or the chair of the state executive committee under
subparagraph 4. of this paragraph, then the State Board of Elections
shall appoint a qualified resident from the county at its next regularly
scheduled meeting in September following the election of persons to
statewide office or within three (3) months of a vacancy.
A member appointed by the State Board of Elections may be
removed by the State Board of Elections for cause.
A member appointed by the State Board of Elections may be
removed by the State Board of Elections upon a request approved
by a two-thirds (2/3) vote of the full membership of the county
executive committee that submitted the member's name. The county
executive shall provide conclusive evidence of the committee's
membership and evidence of the committee's two-thirds (2/3) vote
before the State Board of Elections removes any member appointed
by the State Board of Elections.
If an appointee is temporarily unable to act, a temporary appointee
shall be named by the State Board of Elections. A temporary
appointee shall serve until the original appointee notifies the State
Board of Elections that he is able to resume his term.
A member appointed by the State Board of Elections shall not serve
on the board if he or she is a candidate for public office, and the
member shall resign upon filing papers to become a candidate for
public office or shall be removed from office by the State Board of
Elections. A member who resigns or is removed because of his or
her candidacy shall not resume his or her term following the
completion of the candidacy.
10. Vacancies and temporary vacancies shall be filled in the same
manner as provided for original appointments, and the person
appointed to fill the vacancy or temporary vacancy shall be of the
same political party as his predecessor.
(e) Compensation and payment of actual expenses of members shall be set
by the fiscal court either as an amount payable on an annual basis, or as
an amount payable on a per diem basis of not less than fifteen dollars
($15) nor more than one hundred dollars ($100) for each day the board
A majority of the board shall constitute a quorum. The county clerk shall serve
as chairman of the meetings and may vote. In case of a tie, the chairman may
cast an additional vote. Records shall be kept of all proceedings, and the
records shall be public and kept at the office of the county clerk.
The board shall meet at least once a month and may meet more frequently if
necessary. The board shall stay in session on election days to correct clerical
errors and rule on questions regarding voter registration and may make to the
election officers such certifications as may be necessary. On election days,
appeals may be made to a Circuit Judge, but a ruling of the board shall be
reversed only upon a finding that it was arbitrary and capricious.
The board may employ, on a bipartisan basis, a staff sufficient to carry out the
duties assigned to the board.
Effective:January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 211, effective January 1, 2015. -Amended 2010 Ky. Acts ch. 176, sec. 2, effective July 15, 2010. -- Amended
2005 Ky. Acts ch. 71, sec. 2, effective June 20, 2005. -- Amended 1996 Ky. Acts
ch. 195, sec. 4, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 256, sec.
1, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 48, sec. 14, effective
July 13, 1990. -- Amended 1988 Ky. Acts ch. 341, sec. 25, effective July 15,
1988. -- Amended 1982 Ky. Acts ch. 394, sec. 6, effective July 15, 1982. -Amended 1978 Ky. Acts ch. 318, sec. 1, effective June 17, 1978. -- Amended
1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 129, effective January 2, 1978. -Created 1974 Ky. Acts ch. 130, sec. 20, effective June 21, 1974.
CHAPTER 117 - REGULATION OF ELECTIONS
117.035 County board of elections -- Membership -- Appointed members -- Meetings -- Staff.
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