KRS § 117.995 — KY Code / Title X / Chapter 117 / Section 117.995
117.995 Penalties
Status: in_force

117.995 Penalties.

(1) Any person appointed to serve as an election officer but who shall knowingly and

willfully fail to serve and who is not excused by the county board of elections for

the reasons specified in this chapter shall be guilty of a violation and shall be

ineligible to serve as an election officer for a period of five (5) years.

(2) Any county clerk or member of the county board of elections who knowingly and

willfully violates any of the provisions of this chapter, including furnishing

applications for absentee ballots, applications for federal provisional absentee

ballots, and mail-in absentee ballots to persons other than those specified by the

provisions of this chapter, and failure to type the name of the voter on the

application form as required by the provisions of this chapter, shall be guilty of a

Class D felony.

(3) Any officer who willfully fails to prepare or furnish ballots, federal provisional

ballots, federal provisional absentee ballots, or absentee ballots or fails to allow a

qualified voter to cast his or her vote using voting equipment as required of the

voter by this chapter shall be guilty of a Class A misdemeanor.

(4) Any election officer who knowingly and willfully violates any of the provisions of

this chapter, including failure to enforce the prohibition against electioneering

established by KRS 117.235, shall be guilty of a Class A misdemeanor for the first

offense and a Class D felony for each subsequent offense.

(5) Any person who violates KRS 117.0861, or who signs a name other than his or her

own on an application for an absentee ballot, the verification form for the ballot, an

emergency absentee ballot affidavit, a voter or election official affirmation, or any

person who votes an absentee ballot other than the one issued in his or her name, or

any person who applies for the ballot for the use of anyone other than himself or

herself or the person designated by the provisions of this chapter, or any person who

makes a false statement on an application for an absentee ballot or on an emergency

absentee ballot affidavit shall be guilty of a Class D felony.

(6) Any person who violates any provision of KRS 117.235 or 117.236 related to

prohibited activities during absentee voting or on election day, after he or she has

been duly notified of the provisions by any precinct election officer, county clerk,

deputy county clerk, or other law enforcement official, shall, for each offense, be

guilty of a Class A misdemeanor.

(7) Any person who knowingly and willfully prepares or assists in the preparation of an

inaccurate or incomplete voter assistance form or fails to complete a voter

assistance form when required shall be guilty of a Class A misdemeanor for the first

offense and a Class D felony for each subsequent offense; however, if a voter has

been permanently certified as requiring voting assistance, there shall be no offense

for the failure of the voter to complete the form.

(8) The members of a county board of elections who fail to provide the training to

precinct election officers required by KRS 117.187(2) shall be subject to removal

by the State Board of Elections.

(9) Any local or state election official, including the Secretary of State, employees of

the Secretary, and members of the State Board of Elections and their staff, who

knowingly and willfully uses the voter registration roster in violation of KRS

117.025(3)(a) shall, for each offense, be guilty of a Class A misdemeanor.

(10) Any person who knowingly and willfully violates KRS 45A.657(2) or KRS

65.014(2) shall, for a first offense, be guilty of a Class D felony. For a second or

subsequent offense, the person shall be guilty of a Class C felony.