KRS § 117.045 — KY Code / Title X / Chapter 117 / Section 117.045
117.045 Precinct election officers -- Alternate and emergency appointments -- Minors permitted to serve as election officers -- Reimbursement
Status: in_force

117.045 Precinct election officers -- Alternate and emergency appointments --

Minors permitted to serve as election officers -- Reimbursement.

(1) (a) The county board of elections shall in the manner prescribed by this section,

not later than March 20 each year, except in a year in which no primary and

regular elections are scheduled, appoint for each precinct in the county two

(2) judges, one (1) clerk and one (1) sheriff of election. They shall serve in all

elections held in the county during the year, except for minors seventeen (17)

years of age who will become eighteen (18) years of age on or before the day

of the regular election who may only serve as election officers for the primary

and regular elections as provided in subsection (9) of this section.

(b) If a special election is ordered to be held in a year in which no elections are

scheduled, the county executive committee of each political party in each

county in the territory affected by the special election shall, not later than

twenty-eight (28) days preceding the date of the special election, submit a

written list of nominees for precinct election officers to serve in the special

election in a manner consistent with the provisions of subsection (2) of this

section. The county board of elections in each county in the territory affected

by the special election shall, not later than twenty-one (21) days preceding the

date of the special election, appoint precinct election officers to serve in the

special election in a manner consistent with the provisions of subsections (4),

(5), and (6) of this section.

(c) The State Board of Elections shall promulgate an administrative regulation

under KRS Chapter 13A establishing evaluation procedures which county

boards of elections may use to qualify persons nominated to serve as precinct

election officers.

(2) The county executive committees of the two (2) political parties having

representation on the State Board of Elections may, on or before March 15 each

year, designate in writing to the county board of elections a list of not less than four

(4) names for each precinct; except that, in any precinct where there are not as

many as four (4) persons possessing the qualifications of an election officer

belonging to the political party filing the list, or when the State Board of Elections

has approved a county board of elections' precinct consolidation plan requesting a

lesser number of precinct officers, a lesser number may be designated. If there are

two (2) or more contending executive committees of the same party in any county,

the one recognized by the written certificate of the chair of the state central

committee of the party shall be the one authorized to submit the lists. The lists shall

contain the full name, address, phone number, and Social Security number, if

available, of each person listed. The lists shall be accompanied by a signed

statement from each person stating that he or she is willing to serve, has not failed

to serve without excuse in the past, and has not been convicted of an election law

offense or any felony, unless the person's civil rights have been restored by the

Governor. The State Board of Elections shall prescribe the form of the list by

administrative regulation promulgated under KRS Chapter 13A.

(3) The Attorney General shall notify each party state central committee of the duties

of the party.

(4) (a) If lists are submitted by the county executive committees under subsection (2)

of this section, the county board of elections shall select one (1) judge at each

voting place from each political party's list, and the county board shall select

the sheriff from one (1) political party's list and the clerk from the other.

(b) If no lists are submitted by the county executive committees under subsection

(2) of this section, the two (2) members of the county board of elections who

are appointed by the State Board of Elections may submit lists; and the county

board of elections shall select the sheriff and one (1) judge from one (1) list

and the clerk and the other judge from the remaining list.

(c) If no lists are submitted by the county executive committees under subsection

(2) of this section, or by the county board of elections under paragraph (b) of

this subsection, the county clerk shall select the sheriff and one (1) judge from

the membership of one (1) party and the clerk and the other judge from the

membership of the remaining party. If no members of one (1) of the two (2)

political parties are available or willing to serve as a judge, the county clerk

shall select any qualified and registered voter within the county to serve as a

judge at a voting place.

(d) The county board of elections shall, when possible, also appoint an adequate

number of alternate precinct election officers from names on the lists which

were submitted but which were not selected by the county board as precinct

election officers. If alternate precinct election officers are not appointed from

the lists of nominees who were not selected as precinct election officers, the

county board of elections shall submit its method of selecting alternate

precinct election officers to the State Board of Elections for its approval. If no

lists are submitted to the county board of elections as provided in this

subsection, the county clerk shall select an adequate number of alternate

precinct election officers.

(e) The names of all precinct election officers and alternate precinct election

officers selected by the county clerk shall be submitted to the county board of

elections for its approval.

(f) Nothing in this subsection shall prevent the selection of any registered and

qualified voter who is not registered with either of the two (2) political parties

to serve as a precinct election officer in a precinct in which the officer resides

or as otherwise provided in this subsection.

(5) If, after all reasonable efforts have been made, neither the county board of elections

nor the county clerk are able to find two (2) qualified officers for each precinct who

are affiliated with the two (2) political parties having representation on the State

Board of Elections or any other qualified and registered voter within the county, the

county board of elections shall submit a list of emergency election officer

appointments to the State Board of Elections. The county board of elections shall

also present, in writing, its efforts to recruit and appoint election officers as

prescribed in subsection (4) of this section. The State Board of Elections, after its

review, may approve any or all of the emergency appointments submitted by the

county board of elections or may direct the county board to take other action. Any

emergency appointment shall be made for the next ensuing election only.

(6) In addition to precinct election officers appointed under subsection (1) of this

section, a county board of elections or the county clerk may appoint up to two (2)

additional precinct election officers per precinct with the approval of the State

Board of Elections. The State Board of Elections shall promulgate an administrative

regulation under KRS Chapter 13A establishing conditions under which additional

precinct officers may be approved.

(7) The county board of elections shall, not less than ten (10) days before the next

ensuing election, send to each election officer written notice of his or her

appointment. The county board of elections may direct the sheriff of the county to

serve the notice of appointment, if it deems the action is necessary.

(8) The State Board of Elections may require the county board of elections to submit its

list of precinct officers for review. The State Board of Elections may, after a

hearing, direct the removal of any election officer who the board finds would not

fairly administer the state election laws. The State Board of Elections shall provide

for the method and manner of the hearing by administrative regulation promulgated

under KRS Chapter 13A, and shall replace any officer so removed.

(9) (a) An election officer shall be a qualified voter of the precinct; except that,

where no qualified voter of the required political party is available within the

precinct, the election officer shall be a qualified voter of the county.

(b) A minor seventeen (17) years of age who will become eighteen (18) years of

age on or before the day of the regular election may serve as an election

officer for the primary and regular elections in which he or she is qualified to

vote; however, no precinct shall have more than one (1) person serving as an

election officer who is a minor seventeen (17) years of age.

(c) An election officer shall not be a candidate for office during the election year.

(d) An election officer shall not be the spouse, parent, brother, sister, or child of a

candidate who is to be voted for at the election in the precinct in which the

election officer will serve on election day.

(e) An election officer shall not have changed his or her voter registration party

affiliation after December 31 immediately preceding his or her appointment to

serve for the primary, or after the second Tuesday in August to serve for the

regular election.

(f) An election officer may be removed, for cause, at any time up to five (5) days

before an election. Vacancies shall be filled by the county board of elections

or the county clerk with alternate precinct election officers and if the vacancy

occurs in the appointment of a judge, the person appointed to fill the vacancy

shall be of the same political affiliation as the vacating officer, except for

emergency appointments made as provided in subsection (5) of this section.

(10) If the county board of elections or the county clerk fails to appoint election officers,

or if any officer is not present at the precinct at the time for commencing the

election, or refuses to act, and if no alternate is available, the officer in attendance

representing the political party of the absentee shall appoint a suitable person to act

in his or her place for that election. If both representatives of the same political

party are absent, qualified voters present affiliating with that party shall elect, viva

voce, suitable persons to act in their places.

(11) Each election officer shall be paid a minimum of sixty dollars ($60) per election

day served, and such an additional amount as compensation as may be determined

by the county board of elections, with the approval of the governing body which

would be responsible for funding the election officers' pay, for each election in

which the election officer serves, to be paid by the county. For delivering the

election packets to the polls, the precinct election officers shall additionally receive

the mileage reimbursement provided for state employees, for each mile necessarily

traveled in the delivery of the packets to the polls, or a flat fee if the fee equals or

exceeds that amount. For delivering election returns, the precinct election judges

shall additionally receive the mileage reimbursement provided for state employees

for each mile necessarily traveled in the delivery of election returns, or a flat fee if

the fee equals or exceeds that amount. The fee paid to the precinct election judges

for delivering election returns shall be paid by the county.