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Kentucky Revised Statutes Title X. 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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(1)  (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.

(2)  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 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 in-person absentee ballot in accordance with KRS 117.228 or 117.229.

(3)  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.”

(4)  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.

(5)  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.

(6)  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.

(7)  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.

(8)  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.

Cite this article: FindLaw.com - Kentucky Revised Statutes Title X. 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 - last updated January 01, 2018 | https://codes.findlaw.com/ky/title-x-elections/ky-rev-st-sect-117-086/


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