OMB Control No. 3265-0006 1 

Expiration Date 4/30/2017 

U.S. ELECTION ASSISTANCE COMMISSION 

 2016 Election Administration & Voting Survey 

Statutory Overview

 

In order to better understand state laws governing Federal elections, the U.S. Election Assistance 

Commission, as part of its biennial Election Administration and Voting Survey, is collecting 

information on state election laws and procedures. These answers will help EAC to better 

understand the quantitative data relating to the 2016 general election that we are collecting from 

all U.S. states and territories. 

EAC understands that responding to this Statutory Overview may require significant staff time on 

the part of your office. Please be assured that we have attempted to minimize the burden, and we 

appreciate your cooperation in this very important project. 

Information Supplied By 

Name

Title

Office/Agency Name

Address 1

Address 2

City

State

Zip Code

E-mail Address

Telephone (area Code and number)

Fax Number (area code and number)

Maryellen Allen Executive Director State Board of Elections 140 Walnut Street Frankfort Kentucky 40601 maryellen.allen@ky.gov (502) 573-7100 (502) 573-4369
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DIRECTIONS AND EXAMPLE 

As appropriate, please provide your state’s legal citation for the responses to the questions beginning on the 

following page. 

Please answer each question to the best of your ability. If a term or concept is ambiguous, please explain why. If 

a question is not applicable to your state, please explain why. If a definition or term lacks statutory reference in 

your state but is widely used in practice, please explain. If election procedures vary at the local level within your 

state, please explain these variations to the best of your ability. 

The Statutory Overview data collection document has two columns below each question. 

 On the left, we have provided you with the answer your state provided for the 2014 Statutory 

Overview. If there has not been a change in your state’s laws or legal citation in the response to 

a question, please mark the box labeled No Change since 2014 at the top of the left column. 

 If the response has changed since 2014 – or your state has not answered this question previously 

for some reason— please mark the box labeled Changed since 2014 at the top of the right 

column and then provide the new answer in the text box provided. If your response is too long to 

fit in the box, please make a note in the text box and place your response in the “Notes” page at 

the end of the document. Additionally, if a law was repealed in full, please answer “repealed in 

full” in the box. 

If any of your state laws are currently enjoined or otherwise blocked from enforcement by a state or federal court 

or by executive decision, please specify. 
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Example: 

A1. How does your state define the following terms related to votes and ballots? Please provide your 

state’s legal citation defining these terms, where applicable. 

Over-vote 

☐ No Change since 2014 ☐ Changed since 2014 

 

Under-vote 

☐ No Change since 2014 ☐ Changed since 2014 

a)

b)

State code 1.11 - An attempt to vote for a larger 

number of candidates than is allowed.

This term has no legal definition. State code 1.12 - An attempt to vote for a 

smaller number of candidates than is allowed.
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Expiration Date 4/30/2017 

SECTION A: GENERAL 

A1. How does your state define the following terms related to votes and ballots? Please provide your 

state’s legal citation defining these terms, where applicable. 

a) Over-vote 

☐ No Change since 2014 ☐ Changed since 2014 

 

b) Under-vote 

☐ No Change since 2014 ☐ Changed since 2014

2016 Response: 2016 Response: 2014 Response: 2014 Response:

31 KAR 6:030, Section 1, (8) "Overvote" means a voter has 

made more than the permitted number of selections in a 

single race except when a voter casts a vote using a straight 

party option and votes for an opposing candidate in a 

particular race. 

[Error in 2014 survey] 

No definition in Kentucky law.
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c) Blank ballot 

☐ No Change since 2014 ☐ Changed since 2014

d) Void/Spoiled ballot 

☐ No Change since 2014 ☐ Changed since 2014

 

2016 Response: 2016 Response: 2014 Response: 2014 Response:

KRS 117.375 (6) "Ballot" or "official ballot" means the 

voting machine ballot label, ballot cards, paper ballots, an 

absentee ballot, or a supplemental paper ballot which has 

been authorized for the use of voters in any primary, general 

or special election by the Secretary of State or the county 

clerk.

KRS 117.255(11) If supplemental paper ballots have been 

approved, as provided in KRS 118.215, the voter shall vote 

his ballot in privacy in a booth provided for that purpose by 

the county clerk. If the voter spoils his ballot, he shall return 

the spoiled paper ballot to an election official who shall 

stamp the ballot "Spoiled," initial and place the spoiled ballot 

in an envelope provided for that purpose. The voter shall be 

issued a second supplemental paper ballot. Upon completion 

of voting, the voter shall remove the numbered stub from the 

ballot, hand the stub to an election official and deposit the 

voted ballot in the locked ballot box in the presence of 

precinct election officials. 

KRS 117.381 Requirements for approval. 

No electronic voting system shall, upon any examination or 

reexamination, be approved by the State Board of Elections 

unless it shall be established that such system, at the time of 

examination or reexamination: 

(8)If it is of a type that registers the vote electronically, the 

voting system shall permit each voter to change his vote for 

any candidate or upon any question appearing on the official 

ballot up to the time that he takes the final step to register his 

vote and to have his vote computed. If it is of a type that uses 

paper ballots or ballot cards to register the vote and automatic 

tabulating equipment to compute such votes, the system shall 

provide that a voter who spoils his ballot may obtain another 

ballot; 

KRS 117.385 Spoiled or defaced ballot card -- Disposition of 

ballot card after voting. 

(1) A voter who spoils or defaces a ballot card or marks it 

erroneously shall return the card to the election officials. The 
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e) Provisional/Challenged ballot 

☐ No Change since 2014 ☐ Changed since 2014

f) Absentee 

☐ No Change since 2014 ☐ Changed since 2014

 

2016 Response: 2016 Response: 2014 Response: 2014 Response:

31 KAR 6:020, Section 1. Definitions. (1) "Provisional 

ballot" means a ballot cast in an election for federal office by 

an individual who resides in a voting precinct but whose 

eligibility to vote is in question or is not determinable on 

election day.

Absentee not specifically defined; however the following 

statutes and administrative regulations provide the absentee 

voting process: KRS 117.075, 117.077, 117.079, 117.085, 

117.0851, 117.0863, 117.086, 117.087, 117A.090, 117A.100, 

117A.110, 117A.120; 31 KAR 4:040, 4:130, 4:140, 5:010.
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g) Early voting 

☐ No Change since 2014 ☐ Changed since 2014

 

h) Active Voter 

☐ No Change since 2014 ☐ Changed since 2014

 

2016 Response: 2016 Response: 2014 Response: 2014 Response:

No definition in Kentucky law.

KRS 116. 013. “Voter” defined. Unless the context otherwise 

requires, the word “voter” means any name contained in any 

registration list. 

[Clerical error in 2008 survey] 

Voter eligibility requirements are covered by KRS 116.025.
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i) Inactive Voter 

☐ No Change since 2014 ☐ Changed since 2014

 

j) Other terms (please specify) ________________ 

☐ No Change since 2014 ☐ Changed since 2014

 

2016 Response: 2016 Response: 2014 Response: 2014 Response:

“Inactive Voter” not defined; however, KRS 116.112 

describes the inactive process.
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A2. Please provide the legal citation for any significant changes to election laws or procedures that have 

been enacted or adopted since the previous Federal election. “Significant” does not include routine or 

technical changes (such as changes to election district boundaries or polling place changes). However, 

EAC would like to learn about any new identification requirements for voters or registrants; changes in 

eligibility for voting or registering; adoption of alternative voting methods; and other changes that you 

believe represent a significant change in the way your state runs its elections. 

☐ No Change since 2014 ☐ Changed since 2014 

2014 Response: 2016 Response:

July 2013: 

Created KRS Chapter 117A and revised 31 KAR 4:040, 

4:130, 4:140, and 5:010 to expand the class of voters eligible 

for military and overseas voting procedures; establish an 

electronic transmission system through which a covered 

voter may apply for and receive voter registration materials, 

military-overseas ballots, and other information; make 

military and overseas voting procedures available for all 

elections; and permit covered voters to register to vote and 

update their registration information online and use the 

Federal Write-in Absentee Ballot to register to vote and 

request an absentee ballot. 

[Clerical error in 2013, 31 KAR 3:030 was promulgated to 

cover the procedures for assigning an address for voting 

purposes for an overseas voter whose last place of residence 

is no longer a recognized residential address.] 

 

June 2011: 

Revised 31 KAR 5:010 to permit use of the federal write-in 

absentee ballot in elections for federal office. Permits any 

absent voter to cast a ballot by use of the FWAB in any 

primary, regular, or special election for federal office. 

2010 Legislative Session: HB 35 revised KRS 116.200; HB 

152 revised KRS 116.055, 117.035, 117.045, 117.075, 

117.085, 117.187, 117.265, 117.275, 117.295, 117.315, 

117.355, 118.425(5). 

August 2010: 

Revised 31 KAR 4:130. Facsimile transmission of the 

Federal Post Card Application and delivery of the absentee 

ballot for military, their dependents, and overseas citizens. 

Revised 31 KAR 4:140. Submitting a Federal Post Card 

Application and absentee ballot request electronically. 

March 2010: 

Revised 31 KAR 2:010. Preparation of ballots and voting 

systems prior to election day. Revised 31 KAR 2:020. 

Accuracy test and setting of voting systems prior to election 

day. 

February 2010: 

Revised 31 KAR 4:020. Election costs and county clerk 

reimbursement form. 

Revised 31 KAR 4:030. Reporting forms. 

Revised 31 KAR 6:010. State-based administrative complaint 

procedure. 

February 2009: Revised 31 KAR 3:010 Current address of 

Kentucky registered voters and distribution of voter 

registration lists.

31 KAR 3:040 establishes an electronic voter registration system 

by which persons may register or reregister to vote or update 

voter registration information. 

KRS 117.235 prohibits electioneering within 100 feet of the 

entrance to a polling place and provides a private property 

exemption. 

KRS 117.227 sets out types of identification that a voter can 

produce to vote. An election officer can confirm the identity of a 

voter by personal acquaintance or by a driver's license, social 

security card, any identification card with picture and signature, 

any U.S. government-issued identification card, any Kentucky 

state government card with picture or a credit card. 
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SECTION B: VOTER REGISTRATION 

B1. Is your state’s voter registration database system best described as a bottom-up, a top-down, or a 

hybrid? (Note: A bottom-up system generally uploads information retained at the local level and 

compiled at regular intervals to form the statewide voter registration list. A top-down system is hosted 

on a single, central platform/mainframe and is generally maintained by the state with information 

supplied by local jurisdictions. A hybrid is some combination of both systems described above.) 

☐ No Change since 2014 ☐ Changed since 2014 

If your state uses a bottom-up or hybrid system, how often do local jurisdictions transmit registration 

information to the state list? 

☐ No Change since 2014 ☐ Changed since 2014 

2016 Response: 2016 Response: 2014 Response: 2014 Response:

Top down.

Not Applicable.
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B2. Please describe the process used in your state to move voters from the active list to the inactive list, 

and from the inactive list to the active list. Is a different process used for UOCAVA voters? 

 ☐ No Change since 2014 ☐ Changed since 2014 

B3. Please describe your state’s process for removing voters from the voter registration rolls (not merely 

moving them from active to inactive). Please include information regarding notices and confirmations. 

Are these procedures the same for UOCAVA voters? 

 ☐ No Change since 2014 ☐ Changed since 2014 

2016 Response: 2016 Response: 2014 Response: 2014 Response:

See Appendix A

KRS 116.0452 Standards for timely receipt of voter 

registration application -- Removal of names from 

registration books -- Confidentiality of registration location. 

(2) The county clerk shall send notice to each applicant of the 

disposition of the application. 

(3) The name of a registered voter shall not be removed from 

the registration books except: 

(a) Upon request of the voter; 

(b) As provided by KRS 116.113, upon notice of death, 

declaration of incompetency, or conviction of a felony; or 

(c) Upon failure to respond to a confirmation mailing sent 

pursuant to KRS 116.112(3) and failure to vote or appear to 

vote and, if necessary, correct the registration record of the 

voter's address in an election during the period beginning on 

the date of the notice and ending on the day after the date of 

the second general election for Federal office that occurs after 

the date of the notice. 

KRS 116.113 Removal of voter's name by state board upon 

notice of death, declaration of incompetency, or conviction of 

felony -- Notice to county clerk. 

(1) Upon receipt of notification from the Cabinet for Health 

and Family Services or other reliable sources of the death of a 

person, the State Board of Elections shall within five (5) days 

cause the removal of the name of that person from the voter 

registration records it maintains, except that no voter's name 

may be removed during the period of time the registration 

books are closed for any primary, general, or special election. 

if ifiifhiilk h
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B4. Can your state’s voter registration database (or equivalent) share information electronically with 

your state’s driver’s license agency (for example, to match records or trace changes in address)? Can 

your voter registration database be similarly linked with databases in any other state or Federal 

agencies? Please describe these links, including any use of database matching to verify voter registration 

applications. 

 ☐ No Change since 2014 ☐ Changed since 2014 

B5. Please describe how your state uses National Change of Address (NCOA). What has been your 

state’s experience with NCOA? 

 ☐ No Change since 2014 ☐ Changed since 2014 

2016 Response: 2016 Response: 2014 Response: 2014 Response:

See Appendix A

Kentucky does not use NCOA.
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B6. Please describe your state’s voting eligibility requirements as they relate to individuals with a felony 

conviction. (For example, are convicted felons allowed to vote while in prison or while on parole or 

probation? Are voting rights automatically restored or does the individual have to apply for a pardon, 

certificate of eligibility or other similar certificate? Does an individual whose voting rights have been 

restored have to produce documentation of his/her status when registering to vote?) 

 ☐ No Change since 2014 ☐ Changed since 2014 

B7. Does your state currently use the Internet in any way to facilitate voter registration? If yes, please 

describe how your state allows voters to use the Internet in the registration process (e.g., entire 

registration completed online; completed online but then must be printed, signed, and mailed by voter, 

etc.). 

 ☐ No Change since 2014 ☐ Changed since 2014 

2016 Response: 2016 Response: 2014 Response: 2014 Response:

Ky Const § 145 Persons entitled to vote 

Every citizen of the United States of the age of eighteen years 

who has resided in the state one year, and in the county six 

months, and the precinct in which he offers to vote sixty days 

next preceding the election, shall be a voter in said precinct 

and not elsewhere but the following persons are excepted and 

shall not have the right to vote. 

1. Persons convicted in any court of competent jurisdiction of 

treason, or felony, or bribery in an election, or of such high 

misdemeanor as the General Assembly may declare shall 

operate as an exclusion from the right of suffrage, but persons 

hereby excluded may be restored to their civil rights by 

executive pardon. 

2. Persons who, at the time of the election, are in confinement 

under the judgment of a court for some penal offense. 

3. Idiots and insane persons. 

KRS 116.025 Eligibility to vote. 

(1) Every person who is a resident of this state and the 

precinct in which he or she offers to vote on or before the day 

preceding the closing of the registration books for any 

primary, general, or special election, who possesses on the 

day of any election the qualifications set forth in Section 145 

of the Constitution, exclusive of the durational residency 

requirements, who is not disqualified under that section or 

under any other statute, and who is registered as provided in 

this chapter, may vote for all officers to be elected by the 

people and on all public questions submitted for 

determination at that election, in the precinct in which he or 

she is qualified to vote. Any person who shall have been 

convicted of any election law offense which is a felony shall 

not be permitted to vote until his or her civil rights have been 

restored by executive pardon. 

(2) Any person charged with or indicted for a crime, whether 

or not in custody for same, who has not yet been convicted of 

the offense and who is not otherwise ineligible to vote, may 

vote for all offices to be elected by the people and on all 

public questions submitted for determination at that election, 

in the precinct in which he or she is qualified to vote.

Kentucky allows individuals to complete an online voter 

registration form; however, the form must then be printed, 

signed, and then mailed. 

For UOCAVA voters, Kentucky maintains a 

Kentucky-specific page on the Overseas Voter Foundations’ 

website that allows UOCAVA voters to complete the FPCA 

online, print it, sign it, then scan it and email it directly to the 

local election official, pursuant to 31 KAR 4:140. 

In addition, effective July 1, 2014, pursuant to KRS 

117A.030(4) and 117A.050(1), covered voters may apply to 

register to vote by completing and transmitting the electronic 

equivalent of the FPCA via the electronic transmission 

system.

31 KAR 3:040 establishes an electronic voter registration system 

by which persons may register or reregister to vote or update voter 

registration information. 
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SECTION C: ELECTION ADMINISTRATION 

 

C1. Please describe how all votes cast at a place other than the voter’s precinct of registration are 

tabulated (for example, please include descriptions of such votes as absentee ballots, mail-in ballots, 

votes cast at vote centers, provisional ballots, early voting locations, etc.). 

a. Are the votes counted centrally or at the precincts? 

☐ No Change since 2014 ☐ Changed since 2014 

 b. If centrally tabulated, are the votes redirected to the appropriate 

 precinct for reporting in the canvass? 

☐ No Change since 2014 ☐ Changed since 2014 

 c. Are the absentee, mail, etc., votes reported separately for each precinct, 

 or are they added to the in-precinct results and reported as just a single 

 number? 

☐ No Change since 2014 ☐ Changed since 2014 

2016 Response: 2016 Response: 2016 Response: 2014 Response: 2014 Response: 2014 Response:

Absentee Ballots (includes in-house and mail-in ballots): 

KRS 117.087 

(2) The county board of elections shall count the absentee 

ballots returned by mail and the votes cast on the voting 

machine in the county clerk's office or other place designated 

by the county board of elections and approved by the State 

Board of Elections. The board 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 count 

the ballots at the direction of the county board of elections. 

(3) Beginning at 10 a.m. on election day, the board shall meet 

at the clerk's office to count the absentee ballots returned by 

mail and the ballots cast on the voting machine in the county 

clerk's office or other place designated by the county board of 

elections and approved by the State Board of Elections. 

Provisional Ballots: 31 KAR 6:020, Section 6. 

Responsibilities. (1) The county board of elections shall 

count all eligible provisional ballots. 

(2) The county board of elections shall begin counting 

provisional ballots no later than 9 a.m. prevailing time on the 

day following the election.

KRS 117.087(3) provides that county boards of elections are 

required to meet to begin counting absentee ballots at 8:00 a.m. on 

election day.

Absentee Ballots (includes in-house and mail-in ballots): 

KRS 117.087 

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

inner envelopes have been placed in a ballot box, the box 

shall be thoroughly shaken to redistribute the absentee ballots 

in the box. The board shall open the ballot box, remove the 

absentee ballots from the inner envelopes, and count the 

ballots. 

(6) The board shall unlock any voting equipment used to cast 

ballots in the clerk's office or other place designated by the 

county board of elections, and approved by the State Board of 

Elections, as provided for in KRS 117.086, and a total of all 

ballots shall be made and recorded on the form provided by 

the State Board of Elections. 

Provisional Ballots: 31 KAR 6:020, Section 6. 

(3) The provisional ballot count shall be certified by the 

county board of elections on the Certification Official Count 

and Record of Election Totals prescribed by the State Board 

of Elections in 31 KAR 4:030, which contains the office 

name, name of candidate, machine vote totals, absentee 

machine vote totals, paper absentee ballot vote totals, 

provisional ballot vote totals, and total votes. This form shall 

be certified to the Secretary of State’s Office not later than 12 

p.m., prevailing time, on the Friday following the election. 

For special elections this form shall be certified to the 

Secretary of State’s Office not later than 12 p.m., prevailing 

time, on the day following the election.

Reported as a single number.
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 d. How are UOCAVA ballots counted and reported? 

☐ No Change since 2014 ☐ Changed since 2014 

C2. Does your state require a reason for voting absentee, or does your state allow no-excuse absentee 

voting? (If a reason is required, please provide the legal citation.) 

 

 ☐ No Change since 2014 ☐ Changed since 2014 

C3. Does your state provide for in-person early voting? If so, how is early voting defined? When early 

voting is used, are the ballots counted at the precinct or at a central location? How are these votes 

reported? 

 ☐ No Change since 2014 ☐ Changed since 2014 

2016 Response: 2016 Response: 2016 Response: 2014 Response: 2014 Response: 2014 Response:

All UOCAVA ballots, including FWABs, are included with 

the other absentee ballots before counting. See Appendix A

Kentucky does not allow unexcused absentee or early voting.
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C4. Do any jurisdictions in your state use a vote-by-mail system to replace (and not merely supplement) 

at-the-precinct voting in any elections? 

 ☐ No Change since 2014 ☐ Changed since 2014 

C5. Please list each of the situations that require a provisional ballot in your state. Please provide the 

relevant legal citation for each situation. 

 ☐ No Change since 2014 ☐ Changed since 2014 

2016 Response: 2016 Response: 2014 Response: 2014 Response:

No. 

31 KAR 6:020, Section 4. Procedures and Circumstances for 

Casting a Provisional Ballot. 

(1) The individual shall sign a provisional ballot precinct 

signature roster, SBE 35, which contains the individual’s 

Social Security number, name, address, signature, date of 

birth, political party affiliation, identification type, and 

precinct officer initials. 

(2) The precinct election officer shall check the appropriate 

box next to the circumstance for issuing the provisional 

ballot. 

(3) The circumstances for issuing the provisional ballot: 

(a) Voter whose name does not appear on the precinct roster 

and whose registration status cannot be determined by the 

precinct officer; 

(b) Voter whose name does not appear on the precinct roster 

and who has been verified as ineligible to vote; 

(c) Voter who does not have identification; 

(d) Voter who is voting as a result of a federal or state court 

order or any order under state law in effect ten (10) days prior 

to election day which extends polling hours; or 

(e) Voter has been challenged by all four (4) precinct election 

officers.
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C6. Does your state count provisional ballots of voters who are registered in different precincts, or are 

those ballots automatically rejected? Please describe the process used by local election officials in 

determining whether to count a provisional ballot. 

 ☐ No Change since 2014 ☐ Changed since 2014 

2014 Response: 2016 Response:

31 KAR 6:020, Section 4. Procedures and Circumstances for 

Casting a Provisional Ballot. 

(12) The county board of elections shall determine the 

eligibility to vote of each individual casting a provisional 

ballot, in accordance with KRS Chapters 116 to 118 and 

31 KAR Chapters 2 to 6. 

(13) If the county board of elections determines the 

individual is eligible to vote in the precinct in the election, 

the vote shall be counted and the county board shall so 

indicate on the provisional ballot outer envelope. 

(14) If the county board of elections determines the 

individual is ineligible to vote in the precinct in the election, 

the vote shall not be counted and the county board shall so 

indicate on the provisional ballot outer envelope.
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C7. Please describe your state’s laws regarding post-election audits, if any. A post-election audit refers 

to hand-counting votes on paper records and comparing those counts to the corresponding vote counts 

originally reported, as a check on the accuracy of election results, and resolving discrepancies using 

accurate hand counts of the paper records as the benchmark. 

If your state has post-election auditing, consider including in your response information such as the unit 

being audited (e.g., precincts, machines); the sampling method (e.g., fixed percentages); whether there is 

a specific trigger for the audit; the location of the random selection (e.g., state, county); and the races 

that can be audited. 

 ☐ No Change since 2014 ☐ Changed since 2014 

2014 Response: 2016 Response:

See Appendix A
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C8. Please describe any state requirements for poll worker training. 

 ☐ No Change since 2014 ☐ Changed since 2014 

2014 Response: 2016 Response:

KRS 117.187 Training regarding election laws for state and 

county officials -- Training and compensation for election 

officers and training for certified challengers. 

(1) The State Board of Elections shall regularly provide 

special training regarding the election laws and methods of 

enforcement to all members of county boards of elections, 

county attorneys, Commonwealth's attorneys, and certain 

members of the Department of Kentucky State Police. 

(2) The county board of elections shall provide special 

training before each primary and regular election, and any 

special election held during a year in which no elections are 

scheduled, to all election officers, alternates, and certified 

challengers regarding their duties and the penalties for failure 

to perform. Election officers, including alternates, and 

certified challengers shall attend the training session, unless 

excused by the county board of elections for reason of illness 

or other emergency. Any person who fails to attend a training 

session without being excused shall be prohibited from 

serving as an election officer or challenger for a period of 

five (5) years. The training provided by the county board of 

elections shall include but not be limited to the following: 

(a) Operation of the voting machine or ballot cards; 

(b) Posting of necessary signs and notices at the polling 

place; 

(c) Voter assistance; 

(d) Maintaining precinct rosters; 

(e) Confirmation of a voter's identity; 

(f) Challenge of a voter; 

(g) Completing changes of address or name at the polling 

place; 

(h) Qualifications for voting in a primary election; 

(i) Electioneering and exit polling; 

(j) Write-in voting procedures; 

(k) Persons who may be in the voting room; 

(l) Election violations and penalties; 

(m) Assistance which may be provided by law enforcement 

officers; 

(n) Election reports; 

(o) Disability awareness; 

(p) Provisional voting process; 

(q) Election emergency contingency plan; and 

® Elections and voting equipment security plan. 

(3) The county attorney shall attend the training session for 

election officers to assist in explaining the duties and 

penalties for failure to perform. 

(4) Compensation in the minimum amount of ten dollars 

($10) for reimbursement of actual expenses shall be paid by 

the county to the election officers for attending the training 

session.
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SECTION D: ELECTION DAY ACTIVITIES 

D1. Please describe your state’s process for capturing “over-vote” and “under-vote” counts. 

 ☐ No Change since 2014 ☐ Changed since 2014 

D2. What identification does your state require from voters in the following situations: 

a. registering to vote; 

☐ No Change since 2014 ☐ Changed since 2014 

2016 Response: 2016 Response: 2014 Response: 2014 Response:

Kentucky law does not allow for the counting of overvotes. 

31 KAR 6:030, Section 4(3)(b). Furthermore, KRS 117.379 

and 117.381 dictates the requirements for voting machines 

for use in Kentucky. KRS 117.381(6) prohibits an electronic 

voting system from allowing a voter to vote for more persons 

for any office than he is entitled to vote for or upon any 

question more than once. Undervotes on a ballot are not 

tallied, but this does not affect the remainder of a voter’s 

ballot.

See Appendix A
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b. casting an in-person ballot; 

☐ No Change since 2014 ☐ Changed since 2014 

c. casting a mail-in or absentee vote; 

☐ No Change since 2014 ☐ Changed since 2014 

2016 Response: 2016 Response: 2014 Response: 2014 Response:

KRS 117.227 Confirmation of voter's identity. 

Election officers shall confirm the identity of each voter by 

personal acquaintance or by a document, such as a motor 

vehicle operator's license, Social Security card, or credit card. 

The election officer confirming the identity shall sign the 

precinct voter roster and list the method of identification. 

31 KAR 4:010. Voter identification cards. 

Section 1. In addition to the forms of identification 

specifically provided for by KRS 117.227, any identification 

card that bears both the picture and signature of the voter, or 

any identification card that has been issued by the county, 

and which has been approved in writing by the State Board of 

Elections, shall be acceptable for confirmation of the voter's 

identity. 

Section 2. The method of identification used shall be 

recorded on the precinct voter roster by use of the following 

codes: 

(1) Personal acquaintance - "PA" 

(2) Motor vehicle operator's license - "DL" 

(3) Social Security card - "SS" 

(4) Credit card - "CC" 

(5) Identification card with picture and signature (other 

identification) - "OI" 

Section 3. The election officer confirming the identity shall 

enter his initials on the precinct voter roster in lieu of a 

signature. (17 Ky.R. 1229; eff. 12-7-90.)

KRS 117.227 sets out the types of identification that a voter can 

produce to vote. Election officers can confirm the identity of 

voters by personal acquaintance or by a driver's license, social 

security card, any identification card with picture and signature, 

any U.S. government-issued identification card, any Kentucky 

state government-issued identification card with picture, or credit 

card. 

KRS 117.227 sets out the types of identification that a voter can 

produce to vote. Election officers can confirm the identity of 

voters by personal acquaintance or by a driver's license, social 

security card, any identification card with picture and signature, 

any U.S. government-issued identification card, any Kentucky 

state government-issued identification card with picture, or credit 

card. 

In-house Absentee Voting: 

Same as D2b. See KRS 117.227 and 31 KAR 4:010. 

Mail-In Absentee Voting: 

KRS 117.085 (Amended effective July 1, 2014) 

(1) (a) The following voters may apply to cast their votes by 

mail-in absentee ballot if the application is received not later 

than the close of business hours seven (7) days before the 

election: 

2. Voters who are residents of Kentucky who are covered 

voters as defined in KRS 117A.010; 

(2)The clerk shall type the name of the voter permitted to 

vote by absentee ballot on the application form for that 

person's use and no other. The absentee ballot application 

form shall be in the form prescribed by the State Board of 

Elections, shall bear the seal of the county clerk, and shall 

contain the following information: name, residential address, 

precinct, party affiliation, statement of the reason the person 

cannot vote in person on election day, statement of where the 

voter shall be on election day, statement of compliance with 

residency requirements for voting in the precinct, and the 

voter's mailing address for an absentee ballot. The form shall 

be verified and signed by the voter. A notice of the actual 

penalty provisions in KRS 117.995(2) and (5) shall be printed 

on the application. 

(3) If the county clerk finds that the voter is properly 

registered as stated in his or her application and qualifies to 

receive an absentee ballot by mail, he or she shall mail to the 

voter an absentee ballot, two (2) official envelopes for 
OMB Control No. 3265-0006 22 

Expiration Date 4/30/2017 

d. casting a ballot under UOCAVA; 

☐ No Change since 2014 ☐ Changed since 2014 

e. any other stage in registration or voting process in which identification is required (please 

specify). 

☐ No Change since 2014 ☐ Changed since 2014 

2016 Response: 2016 Response: 2014 Response: 2014 Response:

See Appendix A

No.
OMB Control No. 3265-0006 23 

Expiration Date 4/30/2017 

D3. Please describe your state’s laws regarding access to the polling place for election observers. 

Election observers are people allowed inside the polling place who are not poll workers, election 

officials or voters. If decisions on access to observers are left to local jurisdictions, please explain. 

 ☐ No Change since 2014 ☐ Changed since 2014 

2014 Response: 2016 Response:

See Appendix A
OMB Control No. 3265-0006 24 

Expiration Date 4/30/2017 

SECTION E: OTHER 

E1. Under HAVA, Section 402, states are required to establish and maintain administrative complaint 

procedures to remedy grievances. Has your state revised its administrative complaint procedures since 

they were first implemented? If so, how? 

 ☐ No Change since 2014 ☐ Changed since 2014 

E2. Please add any additional comments or information about your state’s election administration 

processes that would help to inform the EAC’s interpretation of your data. 

☐ No Change since 2014 ☐ Changed since 2014 

* The information collection associated with the Election Administration and Voting Survey is required for the EAC to meet 

its statutory requirements under the Help America Vote Act (HAVA) of 2002 (42 U.S.C. 15301), the National Voter 

Registration Act (NVRA) (42 U.S.C. 1973gg-1 et seq.), and the Uniformed and Overseas Citizens Absentee Voters Act 

(UOCAVA) (42 U.S.C. 1973ff-1). Respondent’s obligation to reply to this information collection is mandatory as required 

under NVRA (42 U.S.C. 1973gg-1 et seq.) and UOCAVA (42 U.S.C. 1973ff-1). This part of the information collection is 

being requested to help the EAC to better understand state laws governing Federal elections. Respondents include the fifty 

states, the District of Columbia, and the U.S. Territories. This information will be made publicly available on the EAC 

website (www.eac.gov). According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a 

person is not required to respond to, a collection of information unless it displays a valid OMB control number. The valid 

OMB control number for this information collection is OMB Control No. 3265-0006 (expires 04/30/2017). The time required 

to complete this information collection is estimated to average 59 hours per state response. This estimate includes the time for 

reviewing the instructions, gathering information, and completing the form. Comments regarding this burden estimate should 

be sent the U.S. Election Assistance Commission – 2014 Election Administration and Voting Survey, 1335 East West 

Highway, Suite 4300, Silver Spring MD, 20910.

2016 Response: 2016 Response: 2014 Response: 2014 Response:

See Appendix A
OMB Control No. 3265-0006 25 

Expiration Date 4/30/2017 

NOTES – please place longer responses below 
OMB Control No. 3265-0006 26 

Expiration Date 4/30/2017 
Appendix A – Kentucky 2014 Responses

B2. KRS 116.112 Voter registration purge program -- Inactive voter list.

(1) The State Board of Elections shall establish a voter registration purge program using the change-ofaddress information supplied by the United States Postal Service through its licensees or other sources to 

identify voters whose addresses may have changed.

(2) If it appears from information provided by the postal service or other sources that a voter has moved 

to a different address in the same county in which the voter is currently registered, the State Board of 

Elections shall provide to the county board of elections the information necessary to change the 

registration records to show the new address and the State Board of Elections shall send to the new 

address a notice of the change by forwardable mail on a form prescribed by the State Board of Elections 

and a postage prepaid, pre-addressed return form by which the voter may verify or correct the address 

information. If the county board of elections requests authorization from the State Board of Elections to 

send address confirmation notices as provided in this subsection, the State Board of Elections shall grant 

the request.

(3) If it appears from information provided by the postal service or other sources that a voter has moved 

to a different address not in the same county, the State Board of Elections shall send to the address from 

which the voter was last registered, by forwardable mail, a notice on a form prescribed by the State Board 

of Elections, with a postage prepaid and pre-addressed return card on which the voter may state his 

current address. If a county board of elections requests authorization from the state board to send address 

confirmation notices as provided in this subsection, the state board shall grant the request.

(4) The state or county boards of elections shall not remove the name of a voter from the registration 

records on the ground that the voter has changed his residence unless the voter:

(a) Confirms in writing that the voter has changed residence to a place outside the county; or

(b) 1. Has failed to respond to the notice described in subsection (3) of this section; and

2. Has not voted or appeared to vote and, if necessary, correct the registration records of the voter's 

address in an election during the period beginning on the date of the notice and ending on the day after the 

date of the second general election for Federal office that occurs after the date of the notice.

If a county board of elections requests authorization from the state board to conduct purges of voters in its 

county in accordance with the provisions of this subsection, the state board shall grant the request.

(5) The State Board of Elections shall establish an inactive list of all voters who fail to respond to the 

notice described in subsection (3) of this section and do not vote or appear to vote in an election during 

the period beginning on the date of the notice and ending on the day after the date of the second general 

election for Federal office that occurs after the date of the notice. If a county board of elections requests 

authorization from the state board to establish an inactive list of voters for its county, the state board shall 

grant the request.

(6) The State Board of Elections shall complete, not later than ninety (90) days prior to the date of a 

primary or general election, any program the purpose of which is to systematically remove the names of 

ineligible voters from the registration records. 

(7) Voters placed on an inactive list are to be counted only for purposes of voting and not for purposes of 

establishing or modifying precincts, calculating the amount of reimbursement of county clerks by the 

State Board of Elections for certain electionrelated expenses, or reporting official statistics, except as 

provided by the Federal Election Commission's regulations promulgated pursuant to the National Voter

Registration Act of 1993.
(8) (a) The State Board of Elections and county boards of elections shall maintain for at least two (2) 

years and shall make available for public inspection and, where available, photocopying at a reasonable 

cost, all records concerning the implementation of programs and activities conducted for the purpose of 

ensuring the accuracy and currency of the registration records, except to the extent that the records relate 

to the declination to register to vote or the identity of a voter registration agency through which any 

particular voter is registered.

(b) The records maintained pursuant to paragraph (a) of this subsection shall include lists of the names 

and addresses of all persons to whom notices described in subsection (3) are sent, and information 

concerning whether each person has responded to the notice as of the date that inspection of the records is 

made.

B4. Yes, Kentucky’s voter registration database shares information electronically with the state’s 

driver’s license agency.

KRS 116.0455 Voter registration through motor vehicle driver's license application.

(1) (a) Each motor vehicle driver's license application, including any renewal application, submitted to the 

appropriate motor vehicle authority shall serve as an application for voter registration unless the applicant 

fails to sign the voter registration application.

(b) An application for voter registration submitted under paragraph (a) of this subsection shall be 

considered as updating any previous voter registration by the applicant.

(2) No information relating to the failure of an applicant for a motor vehicle driver's license to sign a voter 

registration application may be used for any purpose other than voter registration.

(3) (a) The Transportation Cabinet shall include a voter registration application form as part of an 

application for a motor vehicle driver's license.

(b) The voter registration application portion of an application for a motor vehicle driver's license shall 

comply with the requirements of Section 5 of Public Law 103-31, the National Voter Registration Act of 

1993.

(4) Any change of address form submitted for purposes of a motor vehicle driver's license shall serve as 

notification of change of address for voter registration for the registrant involved unless the registrant 

states on the form that the change of address is not for voter registration purposes.

(5) (a) A completed voter registration portion of an application for a motor vehicle driver's license 

accepted by a circuit clerk shall be transmitted to the county clerk of the county of the applicant's voting 

residence not later than ten (10) days after the date of acceptance.

(b) If a voter registration application is accepted within five (5) days before the last day for registration to 

vote in an election, the application shall be transmitted to the county clerk of the county of the applicant's 

voting residence not later than five (5) days after the date of acceptance.

(6) The circuit clerk shall provide to the county clerk a declination statement signed by an applicant if the 

applicant has declined to register to vote.

Yes, Kentucky’s voter registration database currently links with state public assistance

agencies.

KRS 116.048 Voter registration agencies.
(1) The following agencies are designated as voter registration agencies in accordance with the National 

Voter Registration Act of 1993:

(a) Agencies that provide benefits under public assistance under Title IV-A of the Federal Social Security 

Act, the Special Supplemental Food Program for Women, Infants, and Children, the Kentucky Medical 

Assistance Program, or the Food Stamps Program;

(b) Armed Forces recruitment offices;

(c) Other agencies as the Secretary of State shall determine to be providing public assistance; and

(d) Other agencies as the Secretary of State shall determine to be state-funded programs primarily 

engaged in providing services to persons with disabilities.

(2) A voter registration agency that provides service or assistance in conducting voter registration shall:

(a) Distribute with each application for its service or assistance, and with each recertification, renewal, or 

change of address form, the office's own voter registration application form that complies with the 

requirements of Section 7 of Public Law 103-31, the National Voter Registration Act of 1993;

(b) Provide a form that includes:

1. The question, "If you are not registered to vote where you live now, would you like to apply to register 

to vote here today?";

2. If the agency provides public assistance, the statement, "Applying to register or declining to register to 

vote will not affect the amount of assistance that you will be provided by this agency.";

3. Boxes for the applicant to check to indicate whether the applicant would like to register or declines to 

register to vote (failure to check either box being deemed to constitute a declination to register for 

purposes of paragraph (c) of this subsection), together with the statement in close proximity to the boxes 

and in prominent type, "IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO 

HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.";

4. The statement, "If you would like help in filling out the voter registration application form, we will 

help you. The decision whether to seek or accept help is yours. You may fill out the application form in 

private."; and

5. The statement, "If you believe that someone has interfered with your right to register or to decline to 

register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or 

your right to choose your own political party or other political preference, you may file a complaint with 

__________________.", the blank being filled by the name, address, and telephone number of the 

appropriate official to whom a complaint should be addressed; and

(c) Provide to each applicant who does not decline to register to vote the same degree of assistance with 

regard to the completion of the registration application form as is provided by the office with regard to the 

completion of its own forms, unless the applicant refuses assistance.

(3) (a) At each voter registration agency, the following services shall be made available:

1. Distribution of mail voter registration forms;

2. Assistance to applicants in completing voter registration application forms, unless the applicant refuses 

assistance; and

3. Acceptance of completed voter registration application forms for transmittal to the county clerk of the 

county of the applicant's voting residence.
(b) If a voter registration agency designated under subsection (1)(d) of this section provides services to a 

person with a disability at the person's home, the agency shall provide the services described in paragraph 

(a) of this subsection at the person's home.

(4) A person who provides services described in subsection (3) of this section shall not:

(a) Seek to influence an applicant's political preference or party registration;

(b) Display any material indicating the person's political preference or party allegiance;

(c) Make any statement to an applicant or take any action the purpose or effect of which is to discourage 

the applicant from registering to vote; or

(d) Make any statement to an applicant or take any action the purpose or effect of which is to lead the 

applicant to believe that a decision to register or not to register to vote has any bearing on the availability 

of services or benefits.

(5) The State Board of Elections may designate requirements for record keeping and document retention 

it deems necessary to comply with the National Voter Registration Act of 1993 and the provisions of this 

chapter.

(6) (a) A completed registration application accepted at a voter registration agency shall be transmitted to 

the county clerk of the county of the applicant's voting residence or the State Board of Elections not later 

than ten (10) days after the date of acceptance.

(b) If a registration application is accepted within five (5) days before the last day for registration to vote 

in an election, the application shall be transmitted to the county clerk of the county of the applicant's 

voting residence or the State Board of Elections not later than five (5) days after the date of acceptance.

Kentucky has never been approached to link with federal agencies.

Kentucky chooses not to use database matching to verify voter registration applications.

42 USC 15483, Sec. 303(a)(5)(D) Special Rule for Certain States.—In the case of a State which is 

permitted to use social security numbers, and provides for the use of social security numbers, on 

applications for voter registration , in accordance with section 7 of the Privacy Act of 1974 (5 USC 552a 

note), the provisions of the paragraph shall be optional.

C2. KRS 117.075 Absentee ballots for voters with disabilities.

(1) Any qualified voter who has not been declared mentally disabled by a court of competent jurisdiction, 

and who, on account of age, disability or illness, is not able to appear at the polls on election day may 

vote in the following manner. At least seven (7) days prior to the date of the election and prior to the close 

of normal business hours, he shall present to the clerk by mail or in person his application for an absentee 

ballot containing a verified statement that his inability to appear is due to age, disability, or illness. The 

request for the application may be made by telephone, facsimile machine, mail, or in person. Within three 

(3) days of receipt of the request, the clerk shall mail to the voter an absentee ballot and envelopes, and 

the voter shall cast his vote in accordance with KRS 117.086. The ballot shall be returned by the voter to 

the county clerk by mail.

(2) Ballots furnished pursuant to the provisions of this section shall include the names of all candidates 

for which the voter is entitled to vote.

KRS 117.077 Absentee ballot for medical emergencies.
In case of a medical emergency within fourteen (14) days or less of an election, a registered voter and the 

registered voter's spouse may apply for an absentee ballot. The application shall state that the emergency 

condition occurred within the fourteen (14) day period. The application shall be notarized. The 

application form may be requested by and delivered by the voter or the spouse, parents, or children of the 

voter. If the voter has no spouse, parents, or children, the application form may be requested by and 

delivered by the brother, sister, niece, nephew, or designee of the voter. The application form shall be 

restricted to the use of the voter. Upon receipt of the application and verification, the county clerk shall 

issue an absentee ballot.

KRS 117.079 Administrative regulations for absentee voting by overseas Kentucky military

personnel and other citizens.

(Amended effective July 1, 2014)

The provisions of KRS 117.085 and 117.086, and Chapter 117A notwithstanding, the State Board of 

Elections shall, as circumstances warrant and with the concurrence of the Attorney General, promulgate 

necessary administrative regulations to preserve the absentee voting rights of residents of Kentucky who 

are covered voters as defined in KRS 117A.010.

KRS 117.085 Application for mail-in absentee ballot -- In-person absentee voting in the clerk's 

office -- Supervision of and challengers for absentee voting -- Form of ballot -- Cancellation of 

absentee ballot. (Amended effective July 1, 2014)

(1) (a) The following voters may apply to cast their votes by mail-in absentee ballot if the application is 

received not later than the close of business hours seven (7) days before the election:

1. Voters permitted to vote by absentee ballot pursuant to KRS 117.075;

2. Voters who are residents of Kentucky who are covered voters as defined in KRS 117A.010;

3. Voters who are students who temporarily reside outside the county of their residence;

4. Voters who are incarcerated in jail who have been charged with a crime but have not been convicted of 

the crime;

5. Voters who change their place of residence to a different state while the registration books are closed in 

the new state of residence before an election of electors for President and Vice President of the United 

States, who shall be permitted to cast an absentee ballot for electors for President and Vice President of 

the United States only;

6. Voters who temporarily reside outside the state but who are still eligible to vote in this state; and

7. Voters who are prevented from voting in person at the polls on election day and from casting an 

absentee ballot in person in the county clerk's office on all days absentee voting is conducted prior to 

election day because their employment location requires them to be absent from the county all hours and 

all days absentee voting is conducted in the county clerk's office.

(b) Residents of Kentucky who are covered voters as defined in KRS 117A.010 may apply for an 

absentee ballot by means of the federal post-card application, which may be transmitted to the county 

clerk's office by mail, by facsimile machine, or by means of the electronic transmission system 

established under KRS 117A.030(4). The application may be used to register, reregister, and to apply for 

an absentee ballot. If the federal post-card application is received at any time not less than seven (7) days 

before the election, the county clerk shall affix his or her seal to the application form upon receipt.

(c) Absentee voting shall be conducted in the county clerk's office or other place designated by the county 

board of elections and approved by the State Board of Elections during normal business hours for at least 

the twelve (12) working days before the election. A county board of elections may permit absentee voting 
to be conducted on a voting machine for a period longer than the twelve (12) working days before the 

election.

(d) Any qualified voter in the county who is not permitted to vote by absentee ballot under paragraph (a) 

of this subsection who will be absent from the county on any election day may, at any time during normal 

business hours on those days absentee voting is conducted in the county clerk's office, make application 

in person to the county clerk to vote on a voting machine in the county clerk's office or other place 

designated by the county board of elections and approved by the State Board of Elections.

(e) The following voters may, at any time during normal business hours on those days absentee voting is 

conducted in the county clerk's office, make application in person to the county clerk to vote on a voting 

machine in the county clerk's office or other place designated by the county board of elections and 

approved by the State Board of Elections:

1. Voters who are residents of Kentucky who are covered voters as defined in KRS 117A.010, who will 

be absent from the county on any election day;

2. Voters who are students who temporarily reside outside the county of their residence;

3. Voters who have surgery scheduled that will require hospitalization on election day, and the spouse of 

the voter;

4. Voters who temporarily reside outside the state but who are still eligible to vote in this state and who 

will be absent from the county on any election day;

5. Voters who are residents of Kentucky who are uniformed-service voters as defined in KRS 117A.010 

confined to a military base on election day and who learn of that confinement within seven (7) days or 

less of an election and are not eligible for a paper absentee ballot under this subsection; and

6. A voter who is a pregnant woman in her last trimester of pregnancy at the time she wishes to vote 

under this paragraph. The application form for a voter under this subparagraph shall be prescribed by the 

State Board of Elections, which shall contain the woman's sworn statement that she is in fact in her last 

trimester of pregnancy at the time she wishes to vote.

(f) Voters who change their place of residence to a different state while the registration books are closed 

in the new state of residence before a presidential election shall be permitted to cast an absentee ballot for 

President and Vice President only, by making application in person to the county clerk to vote on a voting 

machine in the county clerk's office or other place designated by the county board of elections and 

approved by the State Board of Elections.

(g) Any member of the county board of elections, any precinct election officer appointed to serve in a 

precinct other than that in which he or she is registered, any alternate precinct election officer, any deputy 

county clerk, any staff for the State Board of Elections, and any staff for the county board of elections 

may vote on a voting machine in the county clerk's office or other place designated by the county board of 

elections, and approved by the State Board of Elections, up to the close of normal business hours on the 

day before the election. The application form for those persons shall be prescribed by the State Board of 

Elections and, in the case of application by precinct election officers, shall contain a verification of 

appointment signed by a member of the county board of elections. If an alternate precinct election officer

or a precinct election officer appointed to serve in a precinct other than that in which he or she is

registered receives his or her appointment while absentee voting is being conducted in the county, such 

officer may vote on a voting machine in the county clerk's office or other place designated by the county 

board of elections, and approved by the State Board of Elections, up to the close of normal business hours 

on the day before the election. In case of such voters, the verification of appointment shall also contain 

the date of appointment. The applications shall be restricted to the use of the voter only.

(h) The members of the county board of elections or their designees who provide equal representation of 

both political parties may serve as precinct election officers, without compensation, for all absentee 
voting performed on a voting machine in the county clerk's office or other place designated by the county 

board of elections and approved by the State Board of Elections. If the members of the county board of 

elections or their designees serve as precinct election officers for the absentee voting, they shall perform 

the same duties and exercise the same authority as precinct election officers who serve on the day of an 

election. If the members of the county board of elections or their designees do not serve as precinct 

election officers for the absentee voting, the county clerk or deputy county clerks shall supervise the 

absentee voting.

(i) Any individual qualified to appoint challengers for the day of an election may also appoint challengers 

to observe all absentee voting performed at the county clerk's office or other place designated by the 

county board of elections, and approved by the State Board of Elections, and those challengers may 

exercise the same privileges as challengers appointed for observing voting on the day of an election at a 

regular polling place.

C7. KRS 117.305 Recanvass of votes -- Test of machines -- Candidates and representatives of 

political parties and news media to observe recanvass -- Forms for reporting recanvassed vote --

Administrative regulations for recanvass procedures.

(1) The canvass and returns provided for in KRS 117.275 shall constitute the official returns of the 

precinct, unless before 4 p.m. on the Tuesday following a primary or regular election, or before 4 p.m. on 

the day following a special election held for the purpose of filling a vacancy, the county clerk or county 

board of elections takes notice of a discrepancy in the tally of votes cast in any precinct or number of 

precincts, or a candidate makes a written request to the county board of elections in the case of a 

candidate who has filed with the county clerk, or the Secretary of State in the case of a candidate who has 

filed with the Secretary of State, to check and recanvass the voting machines and absentee ballots of any 

precinct or any number of precincts involving his race. After this time period has elapsed and notice is 

taken, the county election board shall assemble at 9 a.m. on the Thursday following the filing deadline to 

request a recanvass, and not sooner, and recheck and recanvass each machine and make a proper return 

thereof to the county clerk, and the canvass and return shall become the official returns for the election. In 

making the recanvass, the board shall make a record of the number of the seal upon the voting machine 

and, without unlocking the machine against voting, recanvass the vote cast thereon. If, after a recanvass, it 

is found that the original canvass of the returns has been correctly made from the machine, and that there 

still remains a discrepancy unaccounted for, this discrepancy shall be noted. If, upon recanvass, it appears 

that the original canvass of the returns by the election officers was incorrect, the returns and all papers 

being prepared by the board shall be corrected accordingly. The county board of elections shall, 

immediately upon receipt of a request for a recanvass, notify each candidate for the office of the time and 

place of the recanvass. At the recanvass, each political party represented on the board may appoint a 

representative there to be its governing body, and also each candidate to be voted for may be present, 

either in person or by a representative or both. The county board of elections shall authorize 

representatives of the news media to observe the recanvass of the votes cast on the voting machine in each 

precinct. Nothing in this section shall prohibit an individual from requesting, in addition to a recanvass, a 

recount as authorized by KRS Chapter 120.

(2) The State Board of Elections shall prescribe forms to be used by county boards of election to report all 

recanvassed votes. The form shall include the following information:

(a) The name of the county in which the recanvass was conducted;

(b) The date of the report;

(c) The date of the election;
(d) The office for which the recanvass was conducted;

(e) The names of each candidate for the office being recanvassed; and

(f) The machine votes, absentee votes, and vote totals for each candidate, as well as write-in votes cast in 

a regular or special election for candidates whose names did not appear on the ballot.

The report shall be signed by each member of the county board of elections.

(3) The county board of elections shall file its recanvass report as prescribed in administrative regulations 

promulgated by the State Board of Elections in conformity with KRS Chapter 13A.

(4) The State Board of Elections shall promulgate administrative regulations in accordance with KRS 

Chapter 13A to establish the proper procedures for conducting a recanvass for each type of voting system 

approved by the State Board of Elections and in use in Kentucky.

31 KAR 4:070. Recanvass procedures.

(Amended effective Jan. 3, 2014)

Section 1. (1) The Recanvass of Official Count and Record of Election Totals form, SBE 49A, shall be 

used by the county board of elections to report all recanvassed votes, except for local option elections. 

(2) The Recanvass of Official County and Record of Election Totals for Local Option Election form, SBE 

49B, shall be used by the county board of elections to report recanvassed votes for local option elections.

(3) The county board of elections shall state the name of the county in which the recanvass is being 

conducted, the date of the report, the date of the election, the office for which the recanvass is being 

made, the name of each candidate for the office being recanvassed, and the machine votes, absentee votes, 

provisional votes and total votes for each candidate. The report shall be signed by each member of the 

county board of elections.

(4) For a recanvass of a local option election, the county board of elections shall state the name of the 

county in which the recanvass is being conducted, the date of the report, the date of the local option 

election, the proposition for which the recanvass is being made, the names of the leaders of the 

committees favoring or opposing the proposition being recanvassed, and the machines votes, absentee 

votes, and vote totals for “yes” or “no” votes. The report shall be signed by each member of the county 

board of elections.

Section 2. (1) The county board of elections shall file its recanvass report, SBE 49A, immediately upon 

completion of the recanvass for those vote totals reported to the Secretary of State, pursuant to KRS 

118.425(3).

(2) The county board of elections shall file its recanvass report, SBE 49A, immediately upon completion 

of the recanvass for the vote totals reported to the county clerk, pursuant to 118.425(2).

(3) The county board of elections shall file its recanvass report for a local option election, SBE 49B, 

immediately upon completion of the recanvass for the vote totals reported to the county clerk, pursuant to 

KRS 242.110. 

Section 3. If KRS 117.305(1) or KRS 242.120(2)(a) requires a recanvass, the provisions established in 

this section shall apply.

(1) In a general election, the county board of elections shall only check and tabulate the votes of the 

candidate requesting a recanvass and each opposing candidate seeking the same office.

(2) In a partisan primary election, the county board of elections shall only check and tabulate the votes of 

the candidate requesting a recanvass and each opposing candidate of the same political party seeking the 

same office.
(3) In a nonpartisan election, the county board of elections shall only check and tabulate the votes of the 

candidate requesting a recanvass and each opposing candidate seeking the same office.

(4) In a local option election, the county board of elections shall check and tabulate the “yes” and “no” 

votes.

Section 4. A county board of elections shall recanvass the votes recorded depending on the machine and 

voting method utilized, as follows:

(1) If an electronic voting system with a central tabulation system is used, the recanvass shall be taken:

(a) By clearing the system, such as by setting the tabulation system to zero and retabulating the votes 

recorded on the memory cartridges on election day by using the central tabulation system; or

(b) By comparing the results printout printed from each voting machine on election day with the countywide recapitulation sheet.

(2) If an electronic voting system without a central tabulation system is used, the recanvass shall be taken 

by comparing the results printout printed from each voting machine on election day with the county-wide 

recapitulation sheet.

(3) Paper ballots, which were judged to be valid by the county board of elections on election day and 

which were not counted using a central tabulation system but were hand-counted on election day, shall be 

recanvassed by utilizing the same procedure actually used to count those paper ballots on election day 

following the procedures for the uniform definition of a vote established by 31 KAR 6:030.

Section 5. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) "Recanvass of Official Count and Record of Elections Totals", SBE 49A, December 2003 edition; and

(b) “Recanvass of Official Count and Record of Election Totals for Local Option Election”, SBE 49B, 

August 2013 edition.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the State 

Board of Elections, 140 Walnut Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 

4:30 p.m. (18 Ky.R. 555; Am. 1320; eff. 11-1-91; 22 Ky.R. 1662; eff. 5-16-96; 27 Ky.R. 3129; 28 Ky.R. 

66; eff. 7-16-2001; 32 Ky.R. 1315; 1608; eff. 3-31-06; 40 Ky.R. 882; eff. 1-3-2014.)

D2. KRS 116.045 Voter registration, transfer, or change of party affiliation -- Availability of forms.

(1) Any person may register as a voter during the period registration is open if he or she possesses, or will 

possess on the day of the next regular election, the qualifications set forth in KRS 116.025.

(2) The county clerk shall cause all registration to be closed the fourth Tuesday preceding through the 

first Monday following any primary or general election, and the twenty-eight (28) days prior to and seven 

(7) days following any special election. If the last day of registration falls on a state or federal holiday, the 

period runs until the end of the next day which is not a Saturday or Sunday nor a state or federal holiday. 

During the period that registration is closed, the county clerk may accept and process registrations. Any 

voter who registers during the period that registration is closed, except for any registered voter who 

transfers his or her registration pursuant to KRS 116.085(2) or (3), shall not be permitted to vote in the 

upcoming election.

(3) In all counties, the county clerk shall receive registrations, transfers, or changes of party affiliation at 

branch offices at any place in the county during those periods that the registration books are open except 

for those transfers pursuant to KRS 116.085(2) or 116.085(3). However, notice in the manner provided by 

KRS Chapter 424 shall be given at least three (3), but not more than fourteen (14), days in advance of the 
time and place of any branch registration, and ten (10) days' written notice shall be given to the county 

executive committee of each major political party in the county in which the branch registration is to be 

held.

(4) Any person may register to vote or may change his or her party affiliation in any of the following 

ways:

(a) In person;

(b) By mail;

(c) By means of the federal post card application, if the person is a resident of Kentucky and a member of 

the Armed Forces, or a dependent of members of the Armed Forces, or overseas citizen;

(d) By mail-in application form prescribed by the Federal Election Commission pursuant to the National 

Voter Registration Act of 1993; or

(e) By other methods of registration, or reregistration, approved by the State Board of Elections, including 

the use of voluntary interested groups and political parties, under the proper supervision and directions of 

the county clerk, which may include door to door canvassing.

(5) Upon receipt of the form prescribed by the State Board of Elections or the Federal Election 

Commission pursuant to the National Voter Registration Act of 1993, properly filled out and signed by 

the applicant, the county clerk shall register the applicant.

(6) Any individual or group shall have access to a reasonable number of voter registration forms including 

the mail-in application form prescribed by the Federal Election Commission pursuant to the National 

Voter Registration Act of 1993 in the county clerk's office. The individual or group shall act under the 

proper supervision and directions of the county clerk and shall return these completed forms to the county 

clerk for official registration by the county clerk.

(7) No later than December 31, 1994, the Transportation Cabinet shall equip all driver's license agencies 

to comply with the provisions of the National Voter Registration Act of 1993. The Secretary of State shall 

provide assistance and interpretation to the Transportation Cabinet in determining the requirements of the 

National Voter Registration Act of 1993.

(8) The county clerk shall enter the specific party identification of the voter with a political party, political 

organization, or political group as defined in KRS 118.015, or independent status, as indicated by the 

voter on the voter registration form, into the statewide voter registration system. The State Board of 

Elections shall promulgate regulations under KRS Chapter 13A to provide for tracking of the registration 

of voters identifying with political organizations and political groups as defined in KRS 118.015, and 

voters of independent status.

KRS 117A.050. Registration to vote – Postcard application or equivalent – Declaration 

accompanying federal ballot – Electronic transmission system.

(Effective July 1, 2014)

(1) To apply to register to vote, in addition to any other approved method, a covered voter may use a 

federal postcard application, or the application’s electronic equivalent.

(2) A covered voter may use the declaration accompanying a federal write-in absentee ballot to apply to 

register to vote simultaneously with the submission of the federal writein absentee ballot, if the 

declaration is received during the period registration is open under KRS 116.0145. If the declaration is 

received after the last day of registration under KRS 116.045, it shall be treated as an application to 

register to vote for subsequent elections.

(3) The Secretary of State shall ensure that the electronic transmission system described in KRS 

117A.030(4) is capable of accepting both a federal postcard application and any other approved electronic 
registration application sent to the appropriate election official. The voter may use the electronic 

transmission system or any other approved method to register to vote.

D2d. KRS 117.085(1) (b) Residents of Kentucky who are covered voters as defined in KRS 117A.010 

may apply for an absentee ballot by means of the federal post-card application, which may be transmitted 

to the county clerk's office by mail, by facsimile machine, or by means of the electronic transmission 

system established under KRS 117A.030(4). The application may be used to register, reregister, and to

apply for an absentee ballot. If the federal post-card application is received at any time not less than seven 

(7) days before the election, the county clerk shall affix his or her seal to the application form upon 

receipt.

KRS 117A.030(6) The Secretary of State shall prescribe the form and content of a declaration for use by 

a covered voter to swear or affirm specific representations pertaining to the voter’s identity, eligibility to 

vote, status as a covered voter, and timely and proper completion of a military-overseas ballot. The 

declaration shall be based on the declaration prescribed to accompany a federal write-in absentee ballot, 

as modified to be consistent with this chapter. The Secretary of State shall ensure that a form for the 

execution of the declaration, including an indication of the date of execution of the declaration, is a 

prominent part of all balloting materials for which the declaration is required.

KRS 117A.060. Application by covered voter – Declaration – informing election official that voter is 

covered.

(Effective July 1, 2014)

(1) A covered voter who is registered to vote in the Commonwealth of Kentucky may apply for a 

military-overseas ballot using either the regular absentee ballot application in use in the voter’s 

jurisdiction under KRS 117.085 or the federal postcard application or the application’s electronic 

equivalent.

(2) A covered voter who is not registered to vote in the Commonwealth of Kentucky may use a federal 

postcard application or the application’s electronic equivalent to apply simultaneously to register to vote 

under KRS 117A.050 and for a militaryoverseas ballot.

(3) The Secretary of State shall ensure that the electronic transmission system described in KRS 

117A.030(4) is capable of accepting the submission of both a federal postcard application and any other 

approved electronic military-overseas ballot application sent to the appropriate election official. The 

covered voter may use the electronic transmission system or any other approved method to apply for a 

military-overseas ballot.

(4) A covered voter may use the declaration accompanying a federal write-in absentee ballot as an 

application for a military-overseas ballot simultaneously with the submission of the federal write-in 

absentee ballot, if the declaration is received by the appropriate election official by the close of business 

hours seven (7) days before the election.

(5) To receive the benefits of this chapter, a covered voter shall inform the appropriate election official 

that the voter is a covered voter. Methods of informing the appropriate election official that a voter is a 

covered voter include:

(a) The use of a federal postcard application or federal write-in absentee ballot; and

(b) The use of the electronic transmission system established under KRS 117A.030(4).

(6) This chapter does not preclude a covered voter from voting using the regular absentee ballot 

provisions under KRS 117.075, 117.077, 117.085, and 117.086.
KRS 117A.120. Declaration concerning material misstatement of fact.

(Effective July 1, 2014)

A military-overseas ballot shall include or be accompanied by a declaration signed by the voter that a 

material misrepresentation of fact in completing the ballot may be grounds for a conviction of perjury 

under the laws of the United States or the Commonwealth of Kentucky.

See also answer to D2c for Mail-in Absentee Voting: KRS 117.085(1)(a)(2), (2), (3), and (6).

D3. KRS 117.235 Persons permitted in voting room -- Prohibited activities -- Exit polls permitted --

Maintenance of order -- Mock elections for school children.

(1) No person, other than the election officers, challengers, person assisting voters in accordance with 

KRS 117.255(3), and a minor child in the company of a voter, shall be permitted within the voting room 

while the vote is being polled, except as follows:

(a) For the purpose of voting;

(b) By authority of the election officers to keep order and enforce the law;

(c) With the express approval of the county board of elections to repair or replace voting equipment that is 

malfunctioning and to provide additional voting equipment; or

(d) At the voter's discretion, a minor child in the company of a voter may accompany the voter into a 

voting booth or other private area provided for casting a vote.

KRS 117.315 Appointment of challengers and inspectors.

(1) Each political party is entitled to have not exceeding two (2) challengers at each precinct during the 

holding of the primary election. Any group of bona fide candidates, as defined in KRS 118.176, of the 

same political party equal to twenty-five percent (25%) of all the candidates for that party to be voted for 

in a county in any primary, including state, district, and all other candidates, may recommend to the 

county committee or governing authority of the party for the county a list of persons whom they desire to 

have appointed as challengers in each precinct in the county. If more than two (2) such lists are furnished, 

the committee or governing authority, in making appointments of challengers, shall alternate between the 

several lists so furnished so as to give to each list an equal amount or proportion of the appointments, but 

in no event shall there be appointed more than one (1) challenger for any precinct from any one (1) list. 

The list of challengers shall be presented to the chair or secretary of the party committee of the county on 

or before the third Friday in April preceding the primary, and the committee or the chairman thereof shall 

make the appointments, certify to same, and present a list of certified challengers to the county clerk at 

least twenty (20) days before the date on which the primary is held. The appointment of challengers shall 

be certified in all respects as challengers at regular elections, except as otherwise provided in this section. 

The challengers shall be registered voters of the county in which the primary is held and shall be subject 

to the same penalties and possess the same rights and privileges as challengers at regular elections, except 

that the challengers of one political party shall not be entitled to challenge persons who offer to vote for 

candidates of any other party in the primary. The provisions of this section shall be enforceable against 

the chair of the political party committees by a mandatory summary proceeding instituted in the Circuit 

Court. The order of the court may be reviewed by the Court of Appeals as provided for the granting or 

dissolving of temporary injunctions.

(2) Any school board candidate, any independent ticket or candidate for city office, any nonpartisan city 

candidate, or candidate for an office of the Court of Justice at the primary or regular election may 

designate not more than one (1) challenger to be present at and witness the holding of primaries or 
elections in each precinct in the county. A candidate who designates a challenger shall present the county 

clerk with the name of the challenger at least twenty (20) days preceding the primary or regular election. 

The challenger shall be entitled to stay in the room or at the door. The challenger shall be a registered 

voter of the county in which the primary or election is held, shall be appointed in writing by the chair of 

the committee, independent candidate, or candidates representing a ticket, and shall produce written 

appointment on demand of any election officer.

(3) The county executive committee of any political party having a ticket to elect at any regular election 

may designate not more than two (2) challengers to be present at and witness the holding of the election 

in each precinct in the county. The challengers shall be entitled to stay in the room or at the door. The 

challengers shall be registered voters of the county in which the election is held, shall be appointed in 

writing signed by the chair of the committee, and shall produce written appointments on demand of any 

election officer. The committee or chair shall present the county clerk with a list of designated challengers 

at least twenty (20) days preceding a regular election and at least fifteen (15) days preceding a special 

election.

(4) Except as provided in KRS Chapter 242, not later than the fourth Tuesday preceding an election at 

which constitutional amendments or other public questions are to be submitted to the vote of the people, 

any committee that in good faith advocates or opposes an amendment or public question may file a 

petition with the clerk of the county asking that the petitioners be recognized as the committee entitled to 

nominate challengers to serve at the election at which the constitutional amendment or public question is 

to be voted on. If more than one (1) committee alleging itself to advocate or oppose the same amendment 

file such a petition, the county board of elections shall decide, and announce by certified mail, return 

receipt requested, to each committee not less than the third Tuesday preceding the election, which 

committee is entitled to nominate the challengers. The decision shall not be final, but any aggrieved party 

may institute proceedings with the county judge/executive and upon hearing the county judge/executive 

shall determine which of the committees shall be recognized as the one to select challengers at the 

election.

(5) The committee shall file the names of the persons nominated by it with the clerk of the county at least 

twenty (20) days before the primary and regular elections and not less than fifteen (15) days preceding the 

date of a special election. The county board of elections shall, not later than the Thursday preceding the 

election, certify the nominees of the committee for the respective precincts to serve as challengers at the 

election where any constitutional amendment or public question is to be voted upon. If more than one (1) 

amendment or question is to be voted upon, the county board of elections may designate, on the petition 

of the committee, one (1) person for each amendment and question to serve as challenger at the election.

(6) The challengers shall perform their duties in the same manner and be subject to the same privileges as 

other challengers at an election.

See also

KRS 117.316 Duties of Challenger

KRS 117.317 Acts prohibited to challengers.

KRS 117.318 Ordering of challengers from polling places.

E1. This regulation was revised in February 2010. See below for the specific changes:

31 KAR 6:010. State-based administrative complaint procedure.

Section 1. Definitions. (1) "Board" means the State Board of Elections or their designee as defined in 

KRS 117.015 and 117.025.
(2) "Complainant" means the person who files a complaint under this administrative regulation.

(3) "Federal election" means a primary, general, or special election at which a federal office appears on 

the ballot.

(4) "Presiding officer" means the person appointed by the executive director of the board to conduct a 

hearing on a complaint.

(5) "Respondent" means any state or local election official whose actions are alleged, in a written 

complaint, to be in violation of Title III of the Help America Vote Act of 2002, 42 U.S.C. 15481.

(6) "State or local election official" means the Secretary of State, the State Board of Elections, a county 

clerk, a county board of elections, or any officer, agent, or appointee thereof.

(7) "Title III" means Title III of the Help America Vote Act of 2002, Pub.L. 107-252, codified at 42 

U.S.C. 15481.

Section 2. Applicability. This administrative regulation shall be applicable to elections for federal office.

Section 3. Complaint Process. (1) Any person who believes there has been a violation of any provision of 

Title III of the Act by any election official may file a written complaint with the executive director of the 

board.

(2) All complaints shall:

(a) Be limited to violations of the requirements placed upon the states by Title III, which are limited to 

claims for violations of the following:

1. Standards for voting systems;

2. Requirements for provisional voting and voting information; and

3. Requirements for computerized statewide voter registration lists and for voters who register by mail.

(b) Be submitted in writing on the Complaint and Affidavit for Violation of Title III of the Help America 

Vote Act of 2002, and signed by the complainant under oath or affirmation before an officer authorized to 

administer oaths.

(c) Include the full name, address, and telephone number of the complainant.

(d) Include a description of the alleged violation sufficient to apprise the board and the respondent of the 

nature and specific allegations of the complaint.

(e) Be sent by mail or by delivery to the Offices of the State Board of Elections at 140 Walnut Street, 

Frankfort, Kentucky 40601.

(f) Be filed within ninety (90) days of the alleged violation of Title III.

Section 4. Processing the Complaint and Response. (1) The executive director of the board may refuse to 

accept a complaint if the complaint does not comply with the requirements of 

Section 3 of this administrative regulation.

(2) If a complaint does not comply with Section 3 of this administrative regulation, the executive director 

of the board shall, within three (3) days of receipt of the complaint, send the complainant a notice 

explaining the areas of noncompliance in the complaint.

(3) The complainant shall correct a deficiency within seven (7) days of receipt of notice of the deficiency. 

If the complainant fails to correct a deficiency or fails to state a violation of Title III, the board shall 

dismiss the complaint.
(4) If a complaint complies with Section 3 of this administrative regulation and states on its face a Title 

III violation, the board shall accept the complaint and the complaint shall be deemed filed on the date of 

receipt at the offices of the board.

(5) Upon receipt of a complaint and after a determination that the complaint complies with Section 3 of 

this administrative regulation, the board shall immediately send a copy to the respondent along with a 

request for a response.

(6) The respondent shall send a response to the board within ten (10) days of the date the respondent 

received notice from the board of the filed complaint.

(7) Upon receipt of the respondent’s response, the board shall within three (3) days, send the complainant 

a copy of the respondent’s response and a notice explaining the complaint may be resolved informally by 

agreement of the parties or the complainant may request a hearing. The complainant shall have ten (10) 

days from the date the notice is received to request an informal resolution or a hearing.

(8) The executive director of the board shall be responsible for arranging the date, time, and place for 

hearings, and appoint a qualified individual to serve as the presiding officer.

(9) If at any time during the proceedings, the board believes that the person appointed by the executive

director of the board is not performing his or her duties as presiding officer in the interest of justice and to 

ensure the fair administration of the Act, the board may withdraw the appointment of the presiding officer 

and appoint another qualified individual to serve as presiding officer.

(10) The executive director shall send a notice of the identity of the presiding officer, time, date, and 

location of the hearing to the parties at least seven (7) days before the date scheduled for the hearing.

(11) The board shall make a final determination of the complaint within ninety (90) days of the receipt of 

the complaint, unless the complainant agrees in writing to an extension.

Section 5. Consolidation. Upon its own motion, or upon motion of any party, the board or the presiding 

officer may consolidate multiple complaints into a single proceeding if there exist common parties, 

common questions of law or fact, or both, or such other circumstances as justice and the administration of 

the Act require.

Section 6. Severance. Upon its own motion, or upon motion of any party, the board or the presiding 

officer may, for good cause, order any proceeding severed with respect to some or all issues or parties.

Section 7. Hearings. (1) Hearings shall be conducted in accordance with KRS Chapter 13B.

(2) Hearings shall be recorded. A transcript of the hearing shall not be made except upon request of a 

party who shall bear the cost of transcription. Any other party may request a copy of the transcript at his 

or her own expense.

(3) Hearings may be held and testimony taken by teleconference or video conference with notice to the 

parties.

(4) If any party fails, without good cause, to attend the hearing, they may be held in default and have a 

determination made against them.

(5) All testimony shall be taken under oath or affirmation.

(6) The complainant shall have the burden of proof.

Section 8[6]. Presiding officer’s Findings of Fact, Conclusions of Law, and Recommended Order. (1) 

Within fourteen (14) days of the completion of the hearing, [if] the presiding officer shall issue a findings 

of fact, conclusions of law, and recommended order to the board setting forth any findings of a past, 

present, or potential of Title III, if supported by the evidence presented, and a recommended remedy.
(2) The recommended remedy shall be directed at the improvement of processes or procedures governed 

by Title III, consistent with federal and state law.

(3) The recommended remedy shall not include money damages, costs, or attorney fees and shall be 

limited to bringing the election practice or election system referred to in the complaint into compliance 

with Title III.

Section 9. Final Determination. (1) The board shall review the presiding officer’s findings of fact, 

conclusions of law, and recommended order at the next scheduled meeting of the board.

(2) The board may adopt the presiding officer’s findings of fact, conclusions of law, and recommended 

order as its final determination or issue its own findings of fact, conclusions of law, and final 

determination based on the evidence presented.

(3) The board shall issue a final determination within thirty (30) days of receipt of the recommended 

order or within ninety (90) days of receipt of the complaint, whichever is shorter, unless the complainant 

agrees in writing to an extension of time. 

Section 10. Alternative Dispute Resolution. (1) If a final determination of a complaint is not made within 

ninety (90) days of the filing of the complaint, and the complainant did not agree to an extension, then the 

complaint shall be referred to a review panel comprised of three (3) members of the board.

(2) The review panel shall issue a final determination on the complaint within sixty (60) days of the 

referral.

(3) The review panel shall make its determination on the record of the hearing conducted under this 

administrative regulation and shall not conduct any further proceedings.

(4) If the hearing was not conducted or completed, then the review panel shall conduct a hearing under 

this administrative regulation.

Section 11. Publication of Final Determinations. All final determinations shall be posted on the internet 

homepage of the board[, www.kysos.com/Index/Main/elecdiv.asp,] and retained in the permanent 

archival records of the board by attaching to the minutes of the monthly meeting of the board for the 

month the final determination was issued.

Section 12. Incorporation by Reference. (1) “Complaint and Affidavit for Violation of Title III of the 

Help America Vote Act of 2002," SBE 21, December 2003, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Offices 

of the State Board of Elections, 140 Walnut Street, Frankfort, Kentucky 40601, Monday through Friday, 

8 a.m. to 4:30 p.m.