KRS § 117.379 — KY Code / Title X / Chapter 117 / Section 117.379
117.379 Examination of voting system or e-poll book product by State Board of Elections
Status: in_force

117.379 Examination of voting system or e-poll book product by State Board of

Elections.

(1) (a) Any person or corporation owning, manufacturing, or selling any voting

system or e-poll book product, may request the State Board of Elections to

examine the voting system or e-poll book product. Before requesting an

examination or reexamination, any person, persons, or corporation shall pay to

the State Treasurer a nonrefundable deposit of five hundred dollars ($500) and

submit a test report from an independent testing authority approved by the

State Board of Elections.

(b) If the report concerns a voting system, the report shall demonstrate that the

voting system meets all Election Assistance Commission standards.

Notwithstanding any other provision of law to the contrary, if these Election

Assistance Commission standards have been amended less than thirty-six (36)

months prior to the request for examination under this subsection, the State

Board of Elections may approve and certify a voting system that meets the

prior standards after determining:

1. The effect that such approval would have on the integrity and security of

elections; and

2. The procedure and cost involved to bring the voting system into

compliance with the amended standards.

(c) The State Board of Elections may, at any time, reexamine any voting system

or e-poll book product already approved. The State Board of Elections shall

approve or disapprove any voting system or e-poll book product within sixty

(60) days after the date of its initial submission. Any or all costs associated

with the voting system or e-poll book product being examined or reexamined

shall be paid to the State Treasurer by the person or corporation once the

approval or disapproval is complete.

(2) (a) Upon receipt of a request for examination or reexamination of a voting system

or e-poll book product, the State Board of Elections shall require that such

voting system or e-poll book product be examined or reexamined by three (3)

examiners. The State Board of Elections shall appoint one (1) examiner who

is an expert in computer science, voting systems, or e-poll book products,

whichever is applicable; one (1) person who is knowledgeable in election

procedures, election security, and election law in Kentucky; and one (1)

person who is a present or former county clerk. The three (3) examiners shall

submit one (1) written report on each voting system or e-poll book product,

examined or reexamined, to the State Board of Elections. The members of the

State Board of Elections shall also examine or reexamine the voting system or

e-poll book product.

(b) A voting system shall be approved and certified if the examiners' report states

that the voting system meets all the requirements of KRS 117.125 and

applicable federal law, and the State Board of Elections finds that the voting

system meets all of the requirements of KRS 117.125 and applicable federal

law.

(c) Beginning September 1, 2022, an e-poll book product shall be approved and

certified if the examiners' report and the State Board of Elections find that the

e-poll book product meets the certification requirements promulgated by the

State Board of Elections pursuant to KRS Chapter 13A and applicable federal

law.

(d) Each report and letter of approval pertaining to a voting system or an e-poll

book product shall be filed in the office of the State Board of Elections.

(3) Any voting system or e-poll book product not approved by the State Board of

Elections shall not be used at any primary, regular election, or special election.

(4) When a voting system or e-poll book product has been approved, any improvement

or changes in the voting system or e-poll book product shall render necessary the

examination or approval of such voting system or improvement.

(5) Neither the members of the State Board of Elections, nor any examiner appointed

by the State Board of Elections, nor any member of a county board of elections shall

have any pecuniary interest in any voting system or e-poll book product.

(6) Each examiner appointed by the State Board of Elections shall receive fair

compensation to be established by the State Board of Elections.

(7) An e-poll book product approved under this section shall not be used in any

primary, regular election, or special election held before May 11, 2023.