KRS § 117.086 — KY Code / Title X / Chapter 117 / Section 117.086
117.086 Return of absentee ballot -- Secure drop-boxes and receptacles -- Locked ballot box -- Clerk's duty to keep separate lists for votes cast by mail-in absentee ballot, by excused and no-excuse in-person voting, and by federal provisional in-person absentee ballot -- Report on rejected absentee ballots
Status: in_force

117.086 Return of absentee ballot -- Secure drop-boxes and receptacles -- Locked

ballot box -- Clerk's duty to keep separate lists for votes cast by mail-in

absentee ballot, by excused and no-excuse in-person voting, and by federal

provisional in-person absentee ballot -- Report on rejected absentee ballots.

(1) (a) The voter returning his or her absentee ballot to the county clerk by mail,

hand delivery, or to a secure drop-box or receptacle, shall mark his or her

ballot, seal it in the secrecy envelope, and then seal the outer envelope.

(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, all mail-in

absentee ballots shall be received by the county clerk no later than 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) (a) The county clerk shall provide a minimum of one (1) secure ballot drop-box

to receive voted mail-in absentee ballots for each primary, regular election, or

special election. Public notice of all secure ballot drop-box locations shall be

given in the same manner as provided under KRS 117.076(4), and posted to

the website of the county clerk.

(b) The county board of elections may seek the State Board of Elections' approval

of a ballot receptacle to receive voted mail-in absentee ballots for each

primary, regular election, or special election. Public notice of all secure ballot

receptacle locations shall be given in the same manner as provided under KRS

117.076(4), and posted to the website of the county clerk. Before any mail-in

absentee ballot shall be allowed to be deposited inside a receptacle, the county

board of elections shall inform the State Board of Elections of:

1. The number of receptacles to be used;

2. The type of each receptacle to be used; and

3. The receptacle location.

(c) Any drop-box or receptacle located outside of the county clerk's office shall

be:

1. Placed in a well-lit and easily accessible location;

2. Secured to ensure immobility while in use;

3. Under video surveillance at all times;

4. Tamper-resistant; and

5. Conspicuously noted as a mail-in absentee ballot drop-off location.

(d) The system used to conduct the video surveillance required under paragraph

(c) of this subsection shall have enough storage capacity to retain sixty (60)

consecutive days of continuous recording data. A request under the Kentucky

Open Records Act, KRS 61.870 to 61.884, for this video after an election

shall be made during the sixty (60) consecutive days following the election,

and the video may be disposed of after those sixty (60) days, or upon

compliance with the Kentucky Open Records Act or the closure of an

investigation or any litigation, including appeals, in a District, Circuit, or

federal court, whichever is later.

(e) A drop-box or receptacle located inside the county clerk's office shall be

under direct supervision of the staff of the county clerk at all times and be

accessible to the public.

(f) Each receptacle or drop-box shall be emptied by the county clerk and at least

one (1) member of the county board of elections or one (1) member of the

central ballot counting board if one is appointed, who is not of the same

political affiliation as the county clerk at least once each business day or more

frequently, as needed, to reasonably secure and accommodate the volume of

the voter-delivered mail-in absentee ballots. The ballots deposited in the drop-

box or receptacle shall be removed with a record of the date and time ballots

were removed, and the names of the persons removing them. If the drop-box

or receptacle is located outside the county clerk's office, the ballots shall be

returned to the county clerk in locked transport containers, and the county

clerk shall transfer the ballots upon receipt in accordance with subsection (3)

of this section.

(g) Except for those times ballots are being removed and transported from a

secure ballot drop box to the county clerk as provided in this subsection, the

county clerk and at least one (1) member of the county board of elections who

is not of the same political affiliation or one (1) member of the central ballot

counting board who is not of the same political affiliation as the county clerk,

shall retain the keys to all secure ballot drop-boxes, receptacles, and transport

containers in use in the county.

(h) The State Board of Elections may establish additional security measures and

procedures for the use of the ballot drop-box or receptacle through

administrative regulations promulgated under KRS Chapter 13A.

(3) Upon receipt of a mail-in absentee ballot, the county clerk shall scan the barcode or

label that is unique to the individual voter to note the receipt of the mail-in absentee

ballot, and 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 two (2) locks. The keys to the ballot box shall be retained by at least

two (2) members of the county board of elections who are not of the same political

affiliation or two (2) members of the central ballot counting board if one (1) is

appointed, who are not of the same political affiliation, and the box shall remain

locked until the ballots are processed, reviewed, or counted under KRS 117.087.

(4) The county clerk shall keep separate lists for each election of all persons who:

(a) Return a mail-in absentee ballot accepted under KRS 117.087;

(b) Vote by means of an excused or no-excuse in-person absentee ballot; and

(c) Cast a federal provisional absentee ballot counted under 31 KAR 6:020.

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 mail-in

absentee ballots or who cast their ballots by means of an excused in-person

absentee or no-excuse in-person absentee shall not be made public until after the

close of business hours on the primary or election day for which the list applies,

except when provided to the county board of elections under KRS 117.087. 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 certification of the primary or

election.

(5) 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

(3) 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.