Kentucky Statutes 117.076 – No-excuse in-person absentee ballot — Excused in-person absentee ballot — Proof of identification — In-person absentee voting procedure — Voter assistance form — Oath of voter affidavit — Signature roster — Members …
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(1) Any voter who is qualified to vote on election day in the county of his or her residence may choose to cast a no-excuse in-person absentee ballot on the Thursday, Friday, or Saturday immediately preceding the day of an election. The available hours from which a voter may cast his or her vote during these three (3) days shall be no less than eight (8) hours between 6 a.m. and 8 p.m. prevailing time, as determined by the county board of elections of each county.
(2) Any voter who is qualified to vote on election day in the county of his or her residence may make application to cast an excused in-person absentee ballot during normal business hours during the six (6) business days immediately preceding the Thursday of no-excuse in-person absentee voting under subsection (1) of this section. The voter who makes application under this subsection shall meet one (1) of the following requirements in order to cast his or her excused in-person absentee ballot:
(a) Is a resident of Kentucky who is a covered voter as defined in KRS
117A.010, who will be absent from the county of his or her residence on the day of an election and during the days of no-excuse in-person absentee voting;
(b) Has surgery, or whose spouse has surgery, scheduled that will require hospitalization on the day of an election and during the days of no-excuse in-person absentee voting;
(c) Temporarily resides outside the state, but is still eligible to vote in this state and will be absent from the county of his or her residence on the day of an election and during the days of no-excuse in-person absentee voting;
(d) Is a resident of Kentucky who is a uniformed-service voter as defined in KRS § 117A.010 confined to a military base on election day and during the days of no-excuse in-person absentee voting;
(e) Is in her last trimester of pregnancy and the voter completes the form that is prescribed by the State Board of Elections, which contains a sworn statement that the voter is in her last trimester of pregnancy at the time she wishes to vote;
(f) Has not been declared mentally disabled by a court of competent jurisdiction and, due to age, disability, or illness, is not able to appear at the polls on election day and during the days of no-excuse in-person absentee voting;
(g) Is a student who temporarily resides outside the county of his or her residence and will be absent from the county of his or her residence on the day of an election and during the days of no-excuse in-person absentee voting;
(h) Any person employed in an occupation that is scheduled to work during
all days and all hours, which shall include commute time, the polls are open on election day and during the days of no-excuse in-person absentee voting; or
(i) Any election officer tasked with election administration for the current election cycle.
(3) Any voter who votes an in-person absentee or federal provisional in-person absentee ballot shall provide proof of identification as defined in KRS § 117.001 or meet the requirements of KRS § 117.228 or 117.229.
(4) In-person absentee voting shall be conducted in a location within the county clerk’s office where ballots shall be cast secretly. In-person absentee voting may occur in another location within the county if the location is designated by the county board of elections and approved by the State Board of Elections. The county clerk may provide for voting by the voting equipment in general use in the county or any other voting equipment approved by the State Board of Elections for use in Kentucky. 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.
(5) Any voter qualifying to vote who receives assistance to vote in-person absentee shall complete the voter assistance form required by KRS § 117.255.
(6) Any voter qualifying to vote 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.
(7) Each voter casting his or her vote in-person absentee shall sign an in-person absentee ballot signature roster.
(8) The members of the county board of elections, or their designees who provide equal representation of both political parties, may serve as precinct election officers, without compensation, for all in-person absentee voting conducted. If the members of the county board of elections or their designees serve as precinct election officers for in-person absentee voting, they shall perform the same duties and exercise the same authority as precinct election officers who serve on the day of an election. If the members of the county board of elections or their designees do not serve as precinct election officers for in-person absentee voting, the county clerk or deputy county clerks shall supervise the in-person absentee voting.
(9) Any individual qualified to appoint challengers for the day of an election may also appoint challengers to observe all in-person absentee voting, and those challengers may exercise the same privileges as challengers appointed for observing voting on the day of an election at a regular polling place.
(10) During the days of in-person absentee voting, all voting equipment on which in-person absentee ballots are cast shall remain locked and the keys shall be retained by at least two (2) members of the central ballot counting board who are not of the same political affiliation or by two (2) members of the county board of elections who are not of the same political affiliation, and the voting equipment shall remain locked with a tamper-resistant seal until the ballots are counted.
(11) No person shall transmit or publicize any tallies or counts of in-person absentee ballots, or any partial results, to any person except those persons, election officials, or entities authorized by law to receive it, until 6 p.m. prevailing time on the day of a primary or an election.
(12) (a) Before and after each day of in-person absentee voting, on all voting equipment to be used, the tamper-resistant seal shall be checked to ensure it is unaltered and the number on the public counter shall be read and recorded. The status of the tamper-resistant seal shall be indicated and the number on the public counter of each voting equipment shall be recorded by the county clerk or his or her designated election official, member of the county board of elections, or member of the central ballot counting board. The status of the tamper-resistant seal and the number recorded from the public counter shall be witnessed by an election official who is of a different political affiliation than the person recording.
(b) The status of the tamper-resistant seal and the number on the public counter shall be recorded on a form prescribed and furnished by the State Board of Elections pursuant to administrative regulations promulgated under KRS Chapter 13A.
(c) The witness who is present shall verify, through validity of his or her signature on the form provided, the accuracy of the number recorded from the public counter, the number recorded on the prescribed form, and the status of the tamper-resistant seal.
(d) Any irregularities observed by the election official who is recording and the election official who is a witness shall be immediately reported to the county attorney or the Office of Attorney General.
(13) The State Board of Elections shall promulgate administrative regulations under KRS Chapter 13A to provide for the casting of ballots in accordance with this section.
Effective:April 7, 2022
History: Created 2022 Ky. Acts ch. 87, sec. 3, effective April 7, 2022.
(2) Any voter who is qualified to vote on election day in the county of his or her residence may make application to cast an excused in-person absentee ballot during normal business hours during the six (6) business days immediately preceding the Thursday of no-excuse in-person absentee voting under subsection (1) of this section. The voter who makes application under this subsection shall meet one (1) of the following requirements in order to cast his or her excused in-person absentee ballot:
Terms Used In Kentucky Statutes 117.076
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- elections: means any primary, regular election, or special election. See Kentucky Statutes 117.001
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Oath: A promise to tell the truth.
- Proof of identification: means a document that was issued by:
(a) The United States or the Commonwealth of Kentucky, and the document contains:
1. See Kentucky Statutes 117.001 - Regular election: means the election in even-numbered years at which members of Congress are elected and the election in odd-numbered years at which state officers are elected. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
- Voting equipment: means any physical component of a voting system and includes voting machines where voting machines are in operation. See Kentucky Statutes 117.001
(a) Is a resident of Kentucky who is a covered voter as defined in KRS
117A.010, who will be absent from the county of his or her residence on the day of an election and during the days of no-excuse in-person absentee voting;
(b) Has surgery, or whose spouse has surgery, scheduled that will require hospitalization on the day of an election and during the days of no-excuse in-person absentee voting;
(c) Temporarily resides outside the state, but is still eligible to vote in this state and will be absent from the county of his or her residence on the day of an election and during the days of no-excuse in-person absentee voting;
(d) Is a resident of Kentucky who is a uniformed-service voter as defined in KRS § 117A.010 confined to a military base on election day and during the days of no-excuse in-person absentee voting;
(e) Is in her last trimester of pregnancy and the voter completes the form that is prescribed by the State Board of Elections, which contains a sworn statement that the voter is in her last trimester of pregnancy at the time she wishes to vote;
(f) Has not been declared mentally disabled by a court of competent jurisdiction and, due to age, disability, or illness, is not able to appear at the polls on election day and during the days of no-excuse in-person absentee voting;
(g) Is a student who temporarily resides outside the county of his or her residence and will be absent from the county of his or her residence on the day of an election and during the days of no-excuse in-person absentee voting;
(h) Any person employed in an occupation that is scheduled to work during
all days and all hours, which shall include commute time, the polls are open on election day and during the days of no-excuse in-person absentee voting; or
(i) Any election officer tasked with election administration for the current election cycle.
(3) Any voter who votes an in-person absentee or federal provisional in-person absentee ballot shall provide proof of identification as defined in KRS § 117.001 or meet the requirements of KRS § 117.228 or 117.229.
(4) In-person absentee voting shall be conducted in a location within the county clerk’s office where ballots shall be cast secretly. In-person absentee voting may occur in another location within the county if the location is designated by the county board of elections and approved by the State Board of Elections. The county clerk may provide for voting by the voting equipment in general use in the county or any other voting equipment approved by the State Board of Elections for use in Kentucky. 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.
(5) Any voter qualifying to vote who receives assistance to vote in-person absentee shall complete the voter assistance form required by KRS § 117.255.
(6) Any voter qualifying to vote 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.
(7) Each voter casting his or her vote in-person absentee shall sign an in-person absentee ballot signature roster.
(8) The members of the county board of elections, or their designees who provide equal representation of both political parties, may serve as precinct election officers, without compensation, for all in-person absentee voting conducted. If the members of the county board of elections or their designees serve as precinct election officers for in-person absentee voting, they shall perform the same duties and exercise the same authority as precinct election officers who serve on the day of an election. If the members of the county board of elections or their designees do not serve as precinct election officers for in-person absentee voting, the county clerk or deputy county clerks shall supervise the in-person absentee voting.
(9) Any individual qualified to appoint challengers for the day of an election may also appoint challengers to observe all in-person absentee voting, and those challengers may exercise the same privileges as challengers appointed for observing voting on the day of an election at a regular polling place.
(10) During the days of in-person absentee voting, all voting equipment on which in-person absentee ballots are cast shall remain locked and the keys shall be retained by at least two (2) members of the central ballot counting board who are not of the same political affiliation or by two (2) members of the county board of elections who are not of the same political affiliation, and the voting equipment shall remain locked with a tamper-resistant seal until the ballots are counted.
(11) No person shall transmit or publicize any tallies or counts of in-person absentee ballots, or any partial results, to any person except those persons, election officials, or entities authorized by law to receive it, until 6 p.m. prevailing time on the day of a primary or an election.
(12) (a) Before and after each day of in-person absentee voting, on all voting equipment to be used, the tamper-resistant seal shall be checked to ensure it is unaltered and the number on the public counter shall be read and recorded. The status of the tamper-resistant seal shall be indicated and the number on the public counter of each voting equipment shall be recorded by the county clerk or his or her designated election official, member of the county board of elections, or member of the central ballot counting board. The status of the tamper-resistant seal and the number recorded from the public counter shall be witnessed by an election official who is of a different political affiliation than the person recording.
(b) The status of the tamper-resistant seal and the number on the public counter shall be recorded on a form prescribed and furnished by the State Board of Elections pursuant to administrative regulations promulgated under KRS Chapter 13A.
(c) The witness who is present shall verify, through validity of his or her signature on the form provided, the accuracy of the number recorded from the public counter, the number recorded on the prescribed form, and the status of the tamper-resistant seal.
(d) Any irregularities observed by the election official who is recording and the election official who is a witness shall be immediately reported to the county attorney or the Office of Attorney General.
(13) The State Board of Elections shall promulgate administrative regulations under KRS Chapter 13A to provide for the casting of ballots in accordance with this section.
Effective:April 7, 2022
History: Created 2022 Ky. Acts ch. 87, sec. 3, effective April 7, 2022.