2014 Kentucky Revised Statutes
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118.035 Hours polls to be open -- Employees to be allowed time off to vote, to
apply for or execute absentee ballot, and to serve or train to be election
The polls shall be opened on the day of a primary, special election, or regular
election at 6 a.m., prevailing time, and shall remain open until each voter who
is waiting in line at the polls at 6 p.m., prevailing time, has voted. At 6 p.m.,
prevailing time, if voters are waiting at the polls to vote, the precinct election
sheriff shall announce that a voter wishing to vote must immediately get in line.
When all voters waiting at the polls at that time are in line, the precinct election
sheriff shall then determine which voter is the last in line, and that voter shall
be the last voter permitted to vote. The precinct election sheriff shall wait in line
with the last voter who shall be permitted to vote until that voter has voted and
shall inform a voter who subsequently arrives at the polls that no one shall be
permitted to vote after the last voter in line at 6 p.m., prevailing time. After the
last voter waiting in line at 6 p.m., prevailing time, has voted, the polls shall
then be closed.
As provided in Section 148 of the Constitution of Kentucky, any person entitled
to a vote at any election in this state shall, if he has made application for leave
prior to the day he appears before the county clerk to request an application for
or to execute an absentee ballot, be entitled to absent himself from any
services or employment in which he is then engaged or employed for a
reasonable time, but not less than four (4) hours on the day he appears before
the clerk to request an application for or to execute an absentee ballot, during
normal business hours of the office of the clerk or to cast his ballot on the day
of the election between the time of opening and closing the polls. The employer
may specify the hours during which an employee may absent himself.
No person shall be penalized for taking a reasonable time off to vote, unless,
under circumstances which did not prohibit him from voting, he fails to vote.
Any qualified voter who exercises his right to voting leave under this section
but fails to cast his vote, under circumstances which did not prohibit him from
voting, may be subject to disciplinary action.
Any person selected to serve as an election officer shall be entitled to absent
himself from any services or employment in which he is then engaged or
employed for a period of an entire day to attend training or to serve as an
election officer. The person shall not, because of so absenting himself, be
liable to any penalty. The employer may specify the hours during which the
employee may absent himself. No person shall refuse an employee the
privilege hereby conferred, or discharge or threaten to discharge an employee
or subject an employee to a penalty, because of the exercise of the privilege.
Effective:July 15, 2008
History: Amended 2008 Ky. Acts ch. 129, sec. 7, effective July 15, 2008. -Amended 1998 Ky. Acts ch. 4, sec. 1, effective February 17, 1998. -- Amended
1990 Ky. Acts ch. 26, sec. 1, effective July 13, 1990; and ch. 48, sec. 36,
effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 341, sec. 35, effective
July 15, 1988. -- Amended 1986 Ky. Acts ch. 287, sec. 12, effective July 15,
1986. -- Created 1974 Ky. Acts ch. 130, sec. 99, effective June 21, 1974.
CHAPTER 118 - CONDUCT OF ELECTIONS
118.035 Hours polls to be open -- Employees to be allowed time off to vote, to apply for or execute absentee ballot, and to serve or train to be election officer.
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