KRS § 117.255 — KY Code / Title X / Chapter 117 / Section 117.255
117.255 Instruction of voters -- Voters requiring assistance -- Manner of voting -- Report of violations
Status: in_force

117.255 Instruction of voters -- Voters requiring assistance -- Manner of voting --

Report of violations.

(1) The voter shall be instructed by the officers of election, with the aid of the

instruction cards and any model if applicable, in the use of the voting equipment, if

the voter so requests.

(2) Except for those voters who have been certified as requiring assistance on a

permanent basis under this section, no voter shall be permitted to receive any

assistance in voting at the polls unless the voter makes and signs an oath that,

because of blindness, other physical disability, or an inability to read English, the

voter is unable to vote without assistance. The voter shall indicate in the oath the

specific reason that requires the voter to receive assistance. The oath shall be upon a

voter assistance form prescribed and furnished by the State Board of Elections

pursuant to administrative regulations promulgated under KRS Chapter 13A. Any

person assisting a voter shall complete the voter assistance form.

(3) Upon making and filing the oath with the precinct clerk, the voter requiring

assistance shall retire to the voting booth or ballot completion area with the precinct

judges, and one (1) of the judges shall, in the presence of the other judge and the

voter, complete the ballot as the voter directs. A voter requiring assistance in voting

may, if the voter prefers, be assisted by a person of the voter's own choice who is

not an election officer, except that the voter's employer, an agent of the voter's

employer, or an officer or agent of the voter's union shall not assist a voter.

(4) The precinct election clerk shall swear a person assisting a voter in voting to

complete the ballot in accordance with the directions of the voter, and the person

sworn shall enter the voting booth or ballot completion area and complete the ballot

for the voter as the voter directs.

(5) A voter who requires voting assistance on a permanent basis because of blindness

or other physical disability may apply to the county board of elections for

certification. Application may be made when registering to vote or completing the

voter assistance form by indicating that the reason for obtaining assistance is

permanent. The voter shall swear or affirm, under penalty of perjury, that he or she

requires voting assistance on a permanent basis because of a permanent physical

disability. The county board of elections shall notify the county clerk of persons

certified as requiring permanent voting assistance and the county clerk shall enter

the certification on the voter's registration record. The State Board of Elections shall

indicate on the precinct roster of voters those voters who are certified to receive

assistance permanently without signing the voter assistance form at the precinct.

(6) No voter shall be permitted to occupy the voting booth or ballot completion area

more than four (4) minutes if other voters are waiting to use it, except that those

voters who because of a disability need extra time to cast a ballot shall be given a

reasonable amount of time to vote.

(7) In primaries, before a voter is permitted to use the voting equipment, a judge of the

election shall adjust the voting equipment so that the voter will only be able to vote

for the persons for whom the voter is qualified to vote.

(8) If the voting equipment is so constructed as to require adjustment after one (1)

person has voted before another person may vote, the judges of election shall adjust

it after each person has voted.

(9) The election officers shall constantly maintain a watch in order to prevent any

person from voting more than once.

(10) For voters voting as federal provisional voters, or if supplemental paper ballots

have been approved as provided in KRS 118.215, the voter shall vote his or her

federal provisional or supplemental ballot in privacy in a voting booth provided for

that purpose by the county clerk. If the voter spoils his or her federal provisional or

supplemental ballot, the voter shall return the spoiled federal provisional or

supplemental paper ballot to an election officer who shall stamp the ballot

"Spoiled," initial, and place the spoiled federal provisional or supplemental ballot in

an envelope provided for that purpose. The voter shall be issued a second federal

provisional or supplemental paper ballot. Upon completion of voting, the voter shall

remove the numbered stub from the federal provisional or supplemental ballot, hand

the stub to an election officer and deposit the voted federal provisional or

supplemental ballot in the appropriate locked ballot box or locked receptacle in the

presence of an election officer.

(11) The election sheriff shall be responsible for reporting violations of this section.