KRS § 117.087 — KY Code / Title X / Chapter 117 / Section 117.087
117.087 Challenge of a mail-in absentee ballot -- Processing and review of absentee ballots -- Counting procedure -- Limitation on publicizing partial results
Status: in_force

117.087 Challenge of a mail-in absentee ballot -- Processing and review of

absentee ballots -- Counting procedure -- Limitation on publicizing partial

results.

(1) The challenge of a mail-in absentee ballot shall be in writing and in the hands

of the county clerk before 8 a.m. on the day preceding any primary, regular

election, or special election day.

(2) The county board of elections may appoint a central ballot counting board of

not less than three (3) members, who shall be qualified voters and no more

than two-thirds (2/3) of whom shall be members of the same political party, to

process, review, and count the ballots at the direction of the county board of

elections.

(3) (a) Beginning at 8 a.m. on any primary, regular election, or special election

day, the county board of elections or central ballot counting board shall

meet at the county clerk's office or other place designated by the county

board of elections to process and review the mail-in absentee ballots

returned. Candidates or their representatives shall be permitted to be

present. The county board of elections or central ballot counting board

may meet up to fourteen (14) days prior to the day of a primary or election

to review and process the mail-in absentee ballots cast in the county. The

county board of elections or central ballot counting board shall meet as

often as necessary during these fourteen (14) days to process and review

returned mail-in absentee ballots, including expediting any signature

cures.

(b) The county board of elections or counting board chair or the chair's

designee shall provide each board member with a list of all voters who

have returned a mail-in absentee ballot by mail. If a list of all voters who

have returned a mail-in absentee ballot by mail is not provided to the

board, the name of each voter who cast an absentee ballot by mail shall

be read aloud. The county board of elections shall authorize

representatives of the news media to observe the processing and review

of the ballots to determine their acceptance or rejection.

(c) Acceptance or rejection of the mail-in absentee ballots shall be

determined as follows:

1. The county board of elections or the central ballot counting board

shall open the boxes containing absentee ballots returned by mail,

hand delivered, or deposited in a drop-box or receptacle, and

remove the envelopes one (1) at a time. All mail-in absentee ballots

returned shall have their barcode or unique label scanned to note

official receipt;

2. As each envelope is removed, it shall be examined to ascertain

whether the outer envelope and the detachable flap are in proper

order and have been signed by the voter, except if:

a. The detachable flap and outer envelope for the voter have

been signed by a person having power of attorney for the

voter, and that person has completed the voter assistance form

required by KRS 117.255; or

b. The voter has signed the detachable flap and outer envelope

with the use of a mark instead of the voter's signature, the

county board of elections or the central ballot counting board

shall verify that the mark was made in the presence of two (2)

witnesses;

3. Ballots with unsigned detachable flaps or outer envelopes shall be

rejected automatically;

4. Ballots that have not been sent by the county clerk to a qualified

voter, but are received by the county board of elections or the

central ballot counting board shall be rejected automatically;

5. The members of the county board of elections, or the members of

the central ballot counting board, shall compare the signatures on

the outer envelope and the detachable flap with the signature of the

voter that appears on the voter's signature of record, which record

shall include the signature on the voter's identity document as

defined in KRS 186.010, the voter's mail-in absentee ballot

application, or the voter's registration card. If a signature match

cannot be made, the county board of elections, central ballot

counting board, or the county clerk shall make a reasonable effort to

contact the voter and provide notice to the voter with a timeframe

and manner in which the voter may cure his or her signature relative

to the mail-in absentee ballot signature. All signature cures shall be

completed before the closing of the polls on the day of a primary or

an election;

6. If the outer envelope and the detachable flap are found to be in

order, the members of the county board of elections or the members

of the central ballot counting board shall verify the voter's name from

the list of persons who were sent mail-in absentee ballots, but if a

list has not been provided to the board, the name of the voter shall

be read aloud;

7. If the vote of the voter is not rejected on a challenge as provided in

subparagraph 8. of this paragraph or as otherwise provided in this

subsection, the members of the county board of elections or the

members of the central ballot counting board shall remove the

detachable flap and place the secrecy envelope unopened in a

ballot box which has been provided for the purpose;

8. When the name of a voter who cast a mail-in absentee ballot is

processed and reviewed by the members of the county board of

elections or the members of the central ballot counting board, the

vote of the voter may be challenged by any board member or by the

written challenge provided in subsection (1) of this section and the

challenge may be determined and the vote accepted or rejected by

the board as if the voter was present and voting in person; but if the

outer envelope and the detachable flap are regular, and each

substantially comply with the provisions of this chapter, they shall be

considered as showing that the voter is prima facie entitled to vote. If

the vote of a voter is rejected pursuant to the challenge, the secrecy

envelope shall not be opened, but returned to the outer envelope

upon which the chair or member shall write on the envelope the

word "rejected";

9. If irregularities are discovered in the review and processing of the

mail-in absentee ballot, the county board of elections or the central

ballot counting board shall immediately report to the county attorney

or the Office of the Attorney General; and

10. The ballot box into which all accepted mail-in absentee ballots are

placed shall be locked with at least two (2) locks and the keys to the

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, who are not of the

same political affiliation. The box shall remain locked until the ballots

are counted.

(d) The State Board of Elections shall promulgate administrative regulations

under KRS Chapter 13A establishing the form of the notice required

under this subsection for the curing of signatures.

(4) (a) Beginning at 8 a.m. local time on any primary, regular election, or special

election day, the county board of elections or a central ballot counting

board shall meet in the county clerk's office or other place designated by

the county board of elections to:

1. Review and process any mail-in absentee ballots returned using the

procedures in subsection (3) of this section; and

2. Count, or the county board of elections may oversee the count by

the central ballot counting board, the accepted mail-in absentee

ballots and total and record the in-person absentee votes cast.

(b) During the review, processing, and counting of the absentee ballots and

votes, candidates or their representatives shall be permitted to be

present, and the county board of elections shall authorize representatives

of the news media to observe.

(5) After the challenges have been made and all the blank secrecy envelopes

have been placed in a ballot box, the box shall be thoroughly shaken or

shuffled to redistribute the absentee ballots in the box to ensure secrecy of the

vote. The board shall open the ballot box, remove the absentee ballots from

the secrecy envelopes, and count the ballots.

(6) The board shall unlock and break the tamper-resistant seal to any voting

equipment used to cast in-person absentee ballots, as provided for in KRS

117.076, and a total of all in-person absentee ballots shall be made and

recorded on the form provided by the State Board of Elections.

(7) No person shall transmit or publicize any tallies or counts of the absentee

ballot results or any partial results as provided in this section to any person

except those persons, election officials, or entities authorized by law to receive

it, until 6 p.m. prevailing time on the day of a primary or an election.