2020 Kentucky Revised Statutes Chapter 117 - Regulation of elections 117.086 Marking of absentee ballot -- Voter's proof of identification -- Deposit of returned ballots -- Clerk's duty to keep separate lists for votes cast by mail-in absentee ballot, by in-person voting at clerk's office or other designated place, and by federal provisional in-person absentee ballot -- Record -- Disclosure of information.
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117.086 Marking of absentee ballot -- Voter's proof of identification -- Deposit of
returned ballots -- Clerk's duty to keep separate lists for votes cast by mail-in
absentee ballot, by in-person voting at clerk's office or other designated place,
and by federal provisional in-person absentee ballot -- Record -- Disclosure of
information.
(1)
(2)
(a)
The voter returning his or her absentee ballot by mail shall mark his or her
ballot, seal it in the secrecy envelope, and then seal the outer envelope, and
mail it to the county clerk as provided in this chapter.
(b) 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 of Elections by administrative
regulation under KRS Chapter 13A. In order to be counted, the ballots shall be
received by the county 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 closing time.
Any voter who shall be absent from the county on election day, but who does not
qualify to receive a mail-in absentee ballot 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 county 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 county 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 county 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 on grounds other than
inability to provide proof of identification by any clerk or deputy shall
complete an "Oath of Voter" affidavit; and
(c) Any voter qualifying to vote in the county clerk's office or other place
designated by the county board of elections and approved by the State Board
(3)
(4)
(5)
(6)
(7)
(8)
of Elections, who is unable to provide proof of identification as defined in
KRS 117.375, may cast an in-person absentee ballot or federal provisional inperson absentee ballot in accordance with KRS 117.228 or 117.229.
When the county clerk uses general voting equipment as provided for in subsection
(2) of this section, each voter casting his vote at the county 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 county clerk shall designate a location within his or her 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 or her 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 chairs of the two (2) political parties whose candidates polled the largest
number of votes in the county at the last regular election.
The State Board of Elections shall promulgate administrative regulations under
KRS Chapter 13A to provide for casting ballots in accordance with subsection (2)
of this section.
The county clerk shall deposit all of the mail-in absentee ballots 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 county clerk shall keep separate lists for each election of all persons who:
(a) Return their absentee ballots by mail;
(b) Cast their ballots in the county clerk's office or other place designated by the
county board of elections and approved by the State Board of Elections; and
(c) Cast their federal provisional in-person absentee ballots under subsection
(2)(c) of this section.
The county clerk shall send a copy of each list to the State Board of Elections after
any primary or election day. 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 who 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 primary or 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
each method listed in paragraphs (a) to (c) of this subsection, which are cast in any
primary or election as a part of the official returns of the primary or election.
The county board of elections shall report to the State Board of Elections within ten
(10) days after any primary or regular election as to the number of rejected absentee
ballots, including rejected mail-in absentee ballots and ballots cast under subsection
(2) of this section, and the reasons for rejecting the ballots on a form prescribed and
furnished by the State Board of Elections in administrative regulations promulgated
under KRS Chapter 13A.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 89, sec. 7, effective July 15, 2020. -- 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
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