KRS § 117.076 — KY Code / Title X / Chapter 117 / Section 117.076
117.076 No-excuse in-person absentee ballot -- Excused in-person absentee ballot -- Proof of identification -- In-person absentee voting procedure -- Voter assistance form -- Oath of voter affidavit -- Signature roster -- Members of county board may serve as precinct officers -- Challengers -- Locking of voting equipment -- Transmitting or publicizing count -- Tamper-resistant seal -- Administrative regulations
Status: in_force

117.076 No-excuse in-person absentee ballot -- Excused in-person absentee ballot --

Proof of identification -- In-person absentee voting procedure -- Voter

assistance form -- Oath of voter affidavit -- Signature roster -- Members of

county board may serve as precinct officers -- Challengers -- Locking of voting

equipment -- Transmitting or publicizing count -- Tamper-resistant seal --

Administrative regulations.

(1) Any voter who is qualified to vote on election day in the county of his or her

residence may choose to cast a no-excuse in-person absentee ballot on the

Thursday, Friday, or Saturday immediately preceding the day of an election. The

available hours from which a voter may cast his or her vote during these three (3)

days shall be no less than eight (8) hours between 6 a.m. and 8 p.m. prevailing time,

as determined by the county board of elections of each county.

(2) Any voter who is qualified to vote on election day in the county of his or her

residence may make application to cast an excused in-person absentee ballot during

normal business hours during the six (6) business days immediately preceding the

Thursday of no-excuse in-person absentee voting under subsection (1) of this

section. The voter who makes application under this subsection shall meet one (1)

of the following requirements in order to cast his or her excused in-person absentee

ballot:

(a) Is a resident of Kentucky who is a covered voter as defined in KRS 117A.010,

who will be absent from the county of his or her residence on the day of an

election and during the days of no-excuse in-person absentee voting;

(b) Has surgery, or whose spouse has surgery, scheduled that will require

hospitalization on the day of an election and during the days of no-excuse in-

person absentee voting;

(c) Temporarily resides outside the state, but is still eligible to vote in this state

and will be absent from the county of his or her residence on the day of an

election and during the days of no-excuse in-person absentee voting;

(d) Is a resident of Kentucky who is a uniformed-service voter as defined in KRS

117A.010 confined to a military base on election day and during the days of

no-excuse in-person absentee voting;

(e) Is in her last trimester of pregnancy;

(f) Has not been declared mentally disabled by a court of competent jurisdiction

and, due to age, disability, or illness, is not able to appear at the polls on

election day and during the days of no-excuse in-person absentee voting;

(g) Is a caregiver who is providing medical or healthcare assistance to a voter

who is qualified to cast a ballot under paragraph (f) of this subsection;

(h) Is a student who temporarily resides outside the county of his or her residence

and will be absent from the county of his or her residence on the day of an

election and during the days of no-excuse in-person absentee voting;

(i) Any person employed in an occupation that is scheduled to work during all

days and all hours, which shall include commute time, the polls are open on

election day and during the days of no-excuse in-person absentee voting;

(j) Any election officer tasked with election administration for the current

election cycle; or

(k) Any person prevented from voting in person at the polls on election day and

from casting a no-excuse in-person absentee ballot on all days no-excuse in-

person absentee voting is conducted because he or she will be absent from the

county of his or her residence during all days and all hours no-excuse in-

person absentee voting is conducted.

(3) Any voter who votes an in-person absentee or federal provisional in-person

absentee ballot shall provide proof of identification as defined in KRS 117.001 or

meet the requirements of KRS 117.228 or 117.229.

(4) In-person absentee voting shall be conducted in a location within the county clerk's

office where ballots shall be cast secretly. In-person absentee voting may occur in

another location within the county if the location is designated by the county board

of elections and approved by the State Board of Elections. The county clerk may

provide for voting by the voting equipment in general use in the county or any other

voting equipment approved by the State Board of Elections for use in Kentucky.

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) Any voter qualifying to vote who receives assistance to vote in-person absentee

shall complete the voter assistance form required by KRS 117.255.

(6) Any voter qualifying to vote 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.

(7) Each voter casting his or her vote in-person absentee shall sign an in-person

absentee ballot signature roster.

(8) The members of the county board of elections, or their designees who provide equal

representation of both political parties, may serve as precinct election officers,

without compensation, for all in-person absentee voting conducted. If the members

of the county board of elections or their designees serve as precinct election officers

for in-person absentee voting, they shall perform the same duties and exercise the

same authority as precinct election officers who serve on the day of an election. If

the members of the county board of elections or their designees do not serve as

precinct election officers for in-person absentee voting, the county clerk or deputy

county clerks shall supervise the in-person absentee voting.

(9) Any individual qualified to appoint challengers for the day of an election may also

appoint challengers to observe all in-person absentee voting, and those challengers

may exercise the same privileges as challengers appointed for observing voting on

the day of an election at a regular polling place.

(10) During the days of in-person absentee voting, all voting equipment on which in-

person absentee ballots are cast shall remain locked and the keys shall be retained

by at least two (2) members of the central ballot counting board who are not of the

same political affiliation or by two (2) members of the county board of elections

who are not of the same political affiliation, and the voting equipment shall remain

locked with a tamper-resistant seal until the ballots are counted.

(11) No person shall transmit or publicize any tallies or counts of in-person absentee

ballots, or any partial results, to any person except when provided to the county

board of elections under KRS 117.087, until 6 p.m. prevailing time on the day of a

primary or an election.

(12) (a) Before and after each day of in-person absentee voting, on all voting

equipment to be used, the tamper-resistant seal shall be checked to ensure it is

unaltered and the number on the public counter shall be read and recorded.

The status of the tamper-resistant seal shall be indicated and the number on

the public counter of each voting equipment shall be recorded by the county

clerk or his or her designated election official, member of the county board of

elections, or member of the central ballot counting board. The status of the

tamper-resistant seal and the number recorded from the public counter shall

be witnessed by an election official who is of a different political affiliation

than the person recording.

(b) The status of the tamper-resistant seal and the number on the public counter

shall be recorded on a form prescribed and furnished by the State Board of

Elections pursuant to administrative regulations promulgated under KRS

Chapter 13A.

(c) The witness who is present shall verify, through validity of his or her

signature on the form provided, the accuracy of the number recorded from the

public counter, the number recorded on the prescribed form, and the status of

the tamper-resistant seal.

(d) Any irregularities observed by the election official who is recording and the

election official who is a witness shall be immediately reported to the county

attorney or the Office of Attorney General.

(13) The State Board of Elections shall promulgate administrative regulations under

KRS Chapter 13A to provide for the casting of ballots in accordance with this

section.