KRS § 118.035 — KY Code / Title X / Chapter 118 / Section 118.035
118.035 Hours polls to be open -- Employees to be allowed time off to vote, to apply for or execute absentee ballot, and to serve or train to be election officer
Status: in_force

118.035 Hours polls to be open -- Employees to be allowed time off to vote, to apply

for or execute absentee ballot, and to serve or train to be election officer.

(1) The polls shall be opened on the day of a primary, special election, or regular

election at 6 a.m., prevailing time, and shall remain open until each voter who is

waiting in line at the polls at 6 p.m., prevailing time, has voted. At 6 p.m.,

prevailing time, if voters are waiting at the polls to vote, the precinct election sheriff

shall announce that a voter wishing to vote must immediately get in line. When all

voters waiting at the polls at that time are in line, the precinct election sheriff shall

then determine which voter is the last in line, and that voter shall be the last voter

permitted to vote. The precinct election sheriff shall wait in line with the last voter

who shall be permitted to vote until that voter has voted and shall inform a voter

who subsequently arrives at the polls that no one shall be permitted to vote after the

last voter in line at 6 p.m., prevailing time. After the last voter waiting in line at 6

p.m., prevailing time, has voted, the polls shall then be closed.

(2) As provided in Section 148 of the Constitution of Kentucky, any person entitled to a

vote at any election in this state shall, if he has made application for leave prior to

the day he appears before the county clerk to request an application for or to execute

an absentee ballot, be entitled to absent himself from any services or employment in

which he is then engaged or employed for a reasonable time, but not less than four

(4) hours on the day he appears before the clerk to request an application for or to

execute an absentee ballot, during normal business hours of the office of the clerk

or to cast his ballot on the day of the election between the time of opening and

closing the polls. The employer may specify the hours during which an employee

may absent himself.

(3) No person shall be penalized for taking a reasonable time off to vote, unless, under

circumstances which did not prohibit him from voting, he fails to vote. Any

qualified voter who exercises his right to voting leave under this section but fails to

cast his vote, under circumstances which did not prohibit him from voting, may be

subject to disciplinary action.

(4) Any person selected to serve as an election officer shall be entitled to absent himself

from any services or employment in which he is then engaged or employed for a

period of an entire day to attend training or to serve as an election officer. The

person shall not, because of so absenting himself, be liable to any penalty. The

employer may specify the hours during which the employee may absent himself. No

person shall refuse an employee the privilege hereby conferred, or discharge or

threaten to discharge an employee or subject an employee to a penalty, because of

the exercise of the privilege.