Before the polls are open, and before permitting any person to vote on the day of the election, the election officers shall examine the voting equipment to ascertain whether it has been operated since the counters referred to in KRS § 117.125(17) and (18) were set at zero, and to ascertain whether the ballots are arranged as previously specified. If the voting equipment indicates that it has been operated or if the ballots are not properly arranged, the officers shall not unlock the operating device or mechanism, but shall immediately secure the attendance of the county clerk and one (1) member of the county board of elections other than the county clerk, who shall reset the counters at zero and relock the device covering the counters, or properly arrange the ballots, as the case may be, in the presence of the election officers. If the attendance of members of the board of elections cannot be obtained before the opening of the polls or within one (1) hour thereafter, the election officers shall notify the county clerk of the foregoing facts and obtain from the county clerk reserve voting equipment, and proceed to conduct the election. Any reserve voting equipment shall have been certified for use at the election by the county board of elections and prepared for use at the election by the election officers in the precinct in the same manner as the original voting equipment was prepared for the election. The voting equipment found to have been so operated shall be returned immediately to the custody of the county clerk, whose duty it shall be to promptly repair same so that it may be used as reserve voting equipment in the election if needed.
Effective: June 29, 2021

Terms Used In Kentucky Statutes 117.205

  • elections: means any primary, regular election, or special election. 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

History: Amended 2021 Ky. Acts ch. 197, sec. 26, effective June 29, 2021. — Amended
1990 Ky. Acts ch. 48, sec. 25, effective July 13, 1990. — Created 1974 Ky. Acts ch.
130, sec. 34, effective June 21, 1974.