KRS § 117.035 — KY Code / Title X / Chapter 117 / Section 117.035
117.035 County board of elections -- Membership -- Appointed members -- Meetings -- Questions regarding voter registration and proof of identification -- Staff
Status: in_force

117.035 County board of elections -- Membership -- Appointed members --

Meetings -- Questions regarding voter registration and proof of identification -

- Staff.

(1) There shall be a county board of elections, which shall, at the direction and under

the supervision of the State Board of Elections, administer the election laws and the

registration and purgation of voters within the county.

(2) (a) The board shall consist of the county clerk, the sheriff, and two (2) members

appointed by the State Board of Elections under paragraph (d) of this

subsection. Appointed board members shall serve for a term of four (4) years

that expires on June 30 of the year following a presidential election and until

their successors are appointed.

(b) The sheriff shall not serve on the board during any year in which he or she is a

candidate, but shall recommend to the board a temporary replacement to serve

in his or her place. If the sheriff cannot serve because he or she is sick,

injured, or otherwise incapacitated, he or she may recommend a temporary

replacement to serve in his or her place until the sheriff may resume his or her

duties or a vacancy in office is declared.

(c) The county clerk may, at his or her option, continue to serve on the board

during a year in which he or she is a candidate. If the clerk elects not to serve,

he or she shall recommend a temporary replacement to serve in his or her

place. If the county clerk cannot serve because he or she is sick, injured, or

otherwise incapacitated, he or she may recommend a temporary replacement

to serve in his or her place until the county clerk may resume his or her duties

or a vacancy in office is declared.

(d) 1. Notwithstanding the provisions of KRS 61.080, service on the board of

elections shall be compatible with the holding of any other county or

city office.

2. The members shall be at least twenty-one (21) years of age, qualified

voters in the county from which they are appointed, and shall not have

been convicted of any election law offense.

3. One (1) member shall be appointed from a list of five (5) names

submitted by the county executive committee of each political party as

defined in KRS 118.015. If there are two (2) or more contending

executive committees of the same political party in any county, the one

recognized by the written certificate of the chair of the state central

committee of the political party shall be the one authorized to submit the

lists.

4. If the State Board of Elections does not receive the list as required by

subparagraph 3. of this paragraph for each political party for each

county by the deadline established in paragraph (a) of this subsection or

within one (1) month of a vacancy, then the chair of the state central

committees for the political parties may submit lists of five (5) names of

qualified residents from the remaining counties by August 1 of the year

in which the term expires or within two (2) months of a vacancy.

5. If the State Board of Elections does not receive a list from either the

county executive committee under subparagraph 3. of this paragraph or

the chair of the state executive committee under subparagraph 4. of this

paragraph, then the State Board of Elections shall appoint a qualified

resident from the county at its next regularly scheduled meeting in

September of the year in which the term expires or within three (3)

months of a vacancy.

6. A member appointed by the State Board of Elections may be removed

by the State Board of Elections for just cause.

7. A member appointed by the State Board of Elections may be removed

by the State Board of Elections upon a request approved by a two-thirds

(2/3) vote of the full membership of the county executive committee that

submitted the member's name. The county executive committee shall

provide conclusive evidence of the committee's membership and

evidence of the committee's two-thirds (2/3) vote before the State Board

of Elections removes any member appointed by the State Board of

Elections.

8. If an appointee is temporarily unable to act, a temporary appointee shall

be named by the State Board of Elections. A temporary appointee shall

serve until the original appointee notifies the State Board of Elections

that he or she is able to resume his or her term.

9. A member appointed by the State Board of Elections shall not serve on

the board if he or she is a candidate for public office, and the member

shall resign upon filing papers to become a candidate for public office or

shall be removed from office by the State Board of Elections. A member

who resigns or is removed because of his or her candidacy shall not

resume his or her term following the completion of the candidacy.

10. Vacancies and temporary vacancies shall be filled in the same manner as

provided for original appointments, and the person appointed to fill the

vacancy or temporary vacancy shall be of the same political party as his

or her predecessor.

(e) Compensation and payment of actual expenses of members shall be set by the

fiscal court either as an amount payable on an annual basis, or as an amount

payable on a per diem basis of not less than fifty dollars ($50) for each day the

board meets.

(3) A majority of the board shall constitute a quorum. The county clerk shall serve as

chair of the meetings and may vote. In case of a tie, the chair may cast an additional

vote. Records shall be kept of all proceedings, and the records shall be public and

kept at the office of the county clerk.

(4) The board shall meet as follows:

(a) During years in which a primary or regular election is scheduled, the board

shall meet at least once every other month and may meet more frequently if

necessary upon the call of the chair or upon written agreement of two (2) or

more members of the board. The call shall provide notice as prescribed by

KRS 61.823;

(b) During years in which no primary or regular election is scheduled, the board

shall meet at the call of the chair or upon written agreement of two (2) or

more members of the board. The call shall provide notice as prescribed by

KRS 61.823; and

(c) The board shall meet and stay in session on primary, regular election, and

special election days to correct clerical errors, to rule on questions regarding

voter registration, proof of identification, and the curing of signatures relative

to mail-in absentee ballots, and may make to the election officers such

certifications as may be necessary. On primary, regular election, and special

election days, appeals may be made to a Circuit Judge, but a ruling of the

board shall be reversed only upon a finding that it was arbitrary and

capricious.

(5) The board may employ, on a bipartisan basis, a staff sufficient to carry out the

duties assigned to the board.