2014 Kentucky Revised Statutes
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117.086 Marking of absentee ballot -- Deposit of returned ballots -- Record -Disclosure of information.
The voter returning his absentee ballot by mail shall mark his ballot, seal it in
the inner envelope and then in the outer envelope, and mail it to the county
clerk as shall be provided by this chapter. The voter shall sign the detachable
flap and the outer envelope in order to validate the ballot. A person having
power of attorney for the voter and who signs the detachable flap and outer
envelope for the voter shall complete the voter assistance form as required by
KRS 117.255. The signatures of two (2) witnesses are required if the voter
signs the form with the use of a mark instead of the voter's signature. A
resident of Kentucky who is a covered voter as defined in KRS 117A.010 who
has received an absentee ballot transmitted by facsimile machine or by means
of the electronic transmission system established under KRS 117A.030(4) shall
transmit the voted ballot to the county clerk by mail only, conforming with ballot
security requirements that may be promulgated by the state board by
administrative regulation. In order to be counted, the ballots shall be received
by the clerk by at least the time established by the election laws generally for
the closing of the polls, which time shall not include the extra hour during which
those voters may vote who were waiting in line to vote at the scheduled poll
Any voter who shall be absent from the county on election day, but who does
not qualify to receive an absentee ballot by mail under the provisions of KRS
117.085, and all voters qualified to vote prior to the election under the
provisions of KRS 117.085, shall vote at the main office of the county clerk or
other place designated by the county board of elections, and approved by the
State Board of Elections, prior to the day of election. The clerk may provide for
such voting by the voting equipment in general use in the county either at the
precinct, the equipment as may be used to tabulate absentee ballots, or any
other voting equipment approved by the State Board of Elections for use in
Kentucky, except as follows:
(a) Any voter qualifying to vote in the clerk's office or other place designated
by the county board of elections, and approved by the State Board of
Elections, who receives assistance to vote shall complete the voter
assistance form required by KRS 117.255.
(b) Any voter qualifying to vote in the clerk's office or other place designated
by the county board of elections, and approved by the State Board of
Elections, whose qualifications are challenged by any clerk or deputy
shall complete an "Oath of Voter" affidavit.
When the clerk uses general voting equipment as provided for in subsection
(2) of this section, each voter casting his vote at the clerk's office or other place
designated by the county board of elections, and approved by the State Board
of Elections, shall sign an "Absentee Ballot Signature Roster."
The clerk shall designate a location within his office where the ballots shall be
cast secretly. The county clerk, with the approval of the State Board of
Elections, may establish locations other than his main office in which the voters
may execute their ballots. Public notice of the locations shall be given pursuant
to KRS Chapter 424 and similar notice by mail shall be given to the county
chairmen of the two (2) political parties whose candidates polled the largest
number of votes in the county at the last general election.
The State Board of Elections shall promulgate administrative regulations to
provide for casting ballots as provided in subsection (2) of this section.
The clerk shall deposit all of the absentee ballots returned by mail in a locked
ballot box immediately upon receipt without opening the outer envelope. The
ballot box shall be locked with three (3) locks. The keys to the box shall be
retained by the three (3) members of the central absentee ballot counting
board, if one is appointed, or by the members of the board of elections, and the
box shall remain locked until the ballots are counted. All voting equipment on
which ballots are cast as permitted in subsection (2) of this section shall also
remain locked and the keys shall be retained by the three (3) members of the
central absentee ballot counting board, if one is appointed, or by the members
of the board of elections, and the equipment shall remain locked until the
ballots are counted.
The clerk shall keep a list for each election of all persons who return their
absentee ballots by mail or who cast their ballots in the clerk's office or other
place designated by the county board of elections and approved by the State
Board of Elections, and shall send a copy of each list to the state board after
the election day for which the list applies. Notwithstanding the provisions of the
Kentucky Open Records Act, KRS 61.870 to 61.884, each list of all persons
who return their absentee ballots by mail or cast their ballots in the clerk's office
or other designated and approved place shall not be made public until after the
close of business hours on the election day for which the list applies. The
county clerk and the Secretary of State shall keep a record of the number of
votes cast by absentee ballots returned by mail and cast on the voting machine
in the county clerk's office or other place designated by the county board of
elections and approved by the State Board of Elections, which are cast in any
election as a part of the official returns of the election.
The county board of elections shall report to the State Board of Elections within
ten (10) days after any primary or general election as to the number of rejected
absentee ballots and the reasons for rejected absentee ballots on a form
prescribed by the State Board of Elections in administrative regulations
promulgated under KRS Chapter 13A.
Effective:July 1, 2014
History: Amended 2013 Ky. Acts ch. 124, sec. 3, effective June 25, 2013; and ch.
131, sec. 23, effective July 1, 2014. -- Amended 2002 Ky. Acts ch. 3, sec. 3,
effective February 15, 2002. -- Amended 2000 Ky. Acts ch. 134, sec. 2, effective
March 17, 2000. -- Amended 1998 Ky. Acts ch. 243, sec. 7, April 1, 1998; and
ch. 386, sec. 2, effective April 7, 1998. -- Amended 1994 Ky. Acts ch. 394, sec.
12, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 48, sec. 19, effective
July 13, 1990. -- Amended 1988 Ky. Acts ch. 341, sec. 28, effective July 15,
1988. -- Amended 1986 Ky. Acts ch. 287, sec. 6, effective July 15, 1986; and ch.
470, sec. 10, effective July 15, 1986. -- Repealed and reenacted 1980 Ky. Acts
ch. 73, sec. 2, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 71, sec. 2,
effective June 17, 1978. -- Created 1974 Ky. Acts ch. 130, sec. 46, effective
June 21, 1974.
Formerly codified as KRS 117.325
Legislative Research Commission Note (7/1/2014). This statute was amended by
2013 Ky. Acts chs. 124 and 131, which do not appear to be in conflict and have
been codified together.
CHAPTER 117 - REGULATION OF ELECTIONS
117.086 Marking of absentee ballot -- Deposit of returned ballots -- Record -- Disclosure of information.
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