Kentucky Statutes 117.088 – Pilot program for unassisted voting by blind and visually impaired persons
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(1) For purposes of this section, “blind or visually impaired individual” means an individual who:
(a) Has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision so that the widest diameter of the visual field subtends an angle no greater than twenty (20) degrees;
(b) Has a medically indicated expectation of visual deterioration;
(c) Has a medically diagnosed limitation in visual functioning that restricts the individual’s ability to read and write standard print at levels expected of individuals of comparable ability;
(d) Has been certified as requiring permanent assistance to vote under KRS
117.255(5) for reason of blindness; or
(e) Qualifies to receive assistance to vote under KRS § 117.255(2) for reason of blindness.
(2) For purposes of this section, “pilot program” means a program in a county containing a consolidated local government or containing a city of the first class for unassisted voting by blind or visually impaired individuals.
(3) A county board of elections in a county containing a consolidated local government or containing a city of the first class may establish a pilot program. As part of this pilot program, the State Board of Elections shall approve the use of voting equipment under KRS § 117.379 that is designed to permit blind and visually impaired individuals to vote without assistance, for use beginning in the
2002 general election. No county board of elections in a county containing a consolidated local government or containing a city of the first class shall be required to operate a pilot program.
(4) The State Board of Elections, if it approves the voting equipment under KRS
117.379, may approve the use of voting equipment designed to permit blind and visually impaired individuals to vote without assistance in as many locations within a county containing a consolidated local government or containing a city of the first class as are designated by the county board of elections.
(5) A county board of elections in a county containing a consolidated local government or containing a city of the first class shall provide a report to the State Board of Elections after every primary or regular election regarding the number of blind or visually impaired individuals that have utilized the voting equipment during the pilot program.
(6) Notwithstanding the provisions of KRS § 116.025, or any other statute to the contrary, a blind or visually impaired voter residing in a county containing a consolidated local government or containing a city of the first class that is operating a pilot program shall be permitted to vote at a location outside the precinct of his or her registration by voting at a location within the county of his or her registration on voting equipment designed to permit blind or visually impaired individuals to vote without assistance, which may include voting at the county clerk’s office, or other place designated by the county board of elections, and approved by the State Board of Elections.
(7) Notwithstanding the provisions of KRS § 117.076, 117.085, 117.086, or
117.0863 or any other statute to the contrary, a blind or visually impaired individual residing in a county containing a consolidated local government or containing a city of the first class that is operating a pilot program shall be permitted to vote in the location within the county of his or her registration as provided under subsection (6) of this section, on voting equipment designed to permit blind or visually impaired individuals to vote without assistance, at any time during which in-person absentee voting is conducted.
(8) The State Board of Elections may certify, as a part of the pilot project of a county containing a consolidated local government or containing a city of the first class, voting equipment which utilizes audio recordings, voice-activated technology, or vocal recognition technology to record a vote, and may require such accommodations as would permit a blind or visually impaired voter to cast a vote in secret, provided the voting equipment produces a voter-verified paper audit trail.
(9) Notwithstanding the provisions of KRS § 117.255, a blind or visually impaired voter residing in a county containing a consolidated local government or containing a city of the first class that is operating a pilot project may cast his or her vote alone and without assistance on voting equipment approved for use by blind or visually impaired individuals. However, the blind or visually impaired voter shall be instructed by the officers of election, with the aid of the instruction cards and the model, in the use of the equipment, if the voter so requests.
(10) Nothing in this section shall impair the right of any qualified voter under KRS
117.255 to receive assistance and vote according to the procedures specified in that section.
Effective:April 7, 2022
History: Amended 2022 Ky. Acts ch. 87, sec. 11, effective April 7, 2022. — Amended 2021 Ky. Acts ch. 197, sec. 15, effective June 29, 2021. — Amended
2019 Ky. Acts ch. 112, sec. 5, effective June 27, 2019. — Created 2002 Ky. Acts ch. 147, sec. 1, effective July 15, 2002.
(a) Has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision so that the widest diameter of the visual field subtends an angle no greater than twenty (20) degrees;
Terms Used In Kentucky Statutes 117.088
- City: includes town. See Kentucky Statutes 446.010
- elections: means any primary, regular election, or special election. 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
- Statute: A law passed by a legislature.
- Voter-verified paper audit trail: means a contemporaneous paper record of a ballot printed for the voter to confirm his or her votes before the voter casts his or her ballot that:
(a) Allows the voter to verify the voter's ballot choices before the casting of the voter's ballot. See Kentucky Statutes 117.001 - 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
(b) Has a medically indicated expectation of visual deterioration;
(c) Has a medically diagnosed limitation in visual functioning that restricts the individual’s ability to read and write standard print at levels expected of individuals of comparable ability;
(d) Has been certified as requiring permanent assistance to vote under KRS
117.255(5) for reason of blindness; or
(e) Qualifies to receive assistance to vote under KRS § 117.255(2) for reason of blindness.
(2) For purposes of this section, “pilot program” means a program in a county containing a consolidated local government or containing a city of the first class for unassisted voting by blind or visually impaired individuals.
(3) A county board of elections in a county containing a consolidated local government or containing a city of the first class may establish a pilot program. As part of this pilot program, the State Board of Elections shall approve the use of voting equipment under KRS § 117.379 that is designed to permit blind and visually impaired individuals to vote without assistance, for use beginning in the
2002 general election. No county board of elections in a county containing a consolidated local government or containing a city of the first class shall be required to operate a pilot program.
(4) The State Board of Elections, if it approves the voting equipment under KRS
117.379, may approve the use of voting equipment designed to permit blind and visually impaired individuals to vote without assistance in as many locations within a county containing a consolidated local government or containing a city of the first class as are designated by the county board of elections.
(5) A county board of elections in a county containing a consolidated local government or containing a city of the first class shall provide a report to the State Board of Elections after every primary or regular election regarding the number of blind or visually impaired individuals that have utilized the voting equipment during the pilot program.
(6) Notwithstanding the provisions of KRS § 116.025, or any other statute to the contrary, a blind or visually impaired voter residing in a county containing a consolidated local government or containing a city of the first class that is operating a pilot program shall be permitted to vote at a location outside the precinct of his or her registration by voting at a location within the county of his or her registration on voting equipment designed to permit blind or visually impaired individuals to vote without assistance, which may include voting at the county clerk’s office, or other place designated by the county board of elections, and approved by the State Board of Elections.
(7) Notwithstanding the provisions of KRS § 117.076, 117.085, 117.086, or
117.0863 or any other statute to the contrary, a blind or visually impaired individual residing in a county containing a consolidated local government or containing a city of the first class that is operating a pilot program shall be permitted to vote in the location within the county of his or her registration as provided under subsection (6) of this section, on voting equipment designed to permit blind or visually impaired individuals to vote without assistance, at any time during which in-person absentee voting is conducted.
(8) The State Board of Elections may certify, as a part of the pilot project of a county containing a consolidated local government or containing a city of the first class, voting equipment which utilizes audio recordings, voice-activated technology, or vocal recognition technology to record a vote, and may require such accommodations as would permit a blind or visually impaired voter to cast a vote in secret, provided the voting equipment produces a voter-verified paper audit trail.
(9) Notwithstanding the provisions of KRS § 117.255, a blind or visually impaired voter residing in a county containing a consolidated local government or containing a city of the first class that is operating a pilot project may cast his or her vote alone and without assistance on voting equipment approved for use by blind or visually impaired individuals. However, the blind or visually impaired voter shall be instructed by the officers of election, with the aid of the instruction cards and the model, in the use of the equipment, if the voter so requests.
(10) Nothing in this section shall impair the right of any qualified voter under KRS
117.255 to receive assistance and vote according to the procedures specified in that section.
Effective:April 7, 2022
History: Amended 2022 Ky. Acts ch. 87, sec. 11, effective April 7, 2022. — Amended 2021 Ky. Acts ch. 197, sec. 15, effective June 29, 2021. — Amended
2019 Ky. Acts ch. 112, sec. 5, effective June 27, 2019. — Created 2002 Ky. Acts ch. 147, sec. 1, effective July 15, 2002.