Kentucky Administrative Regulations › Title 31 - STATE BOARD OF ELECTIONS › Chapter 4 - Forms and Procedures › Section 31 KAR 4:130 - Delivery and return of absentee ballots transmitted to covered voters via facsimile or electronically

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				117.085,
				117.086,
				117A.030,
				117A.080,
				117A.120,
				117A.130,
				52 U.S.C.
				20302
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				117.079 requires the State Board of
				Elections, as circumstances warrant and with the concurrence of the Attorney
				General, to 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
				117.086(1) authorizes the
				State Board of Elections to promulgate administrative regulations establishing
				security requirements for the transmission of voted absentee ballots.
				52 U.S.C.
				20302(e) requires the states
				to provide not less than one (1) means of electronic communication for use by
				absent uniformed services voters and overseas voters who wish to register to
				vote or vote in any jurisdiction in the state to request voter registration
				applications and absentee ballot applications, for use by the state to send
				voter registration applications and absentee ballot applications, and for the
				purpose of providing related voting, balloting, and election information to
				uniformed services voters and overseas voters.
				KRS
				117A.030(4) requires the
				Secretary of State to establish an electronic transmission system through which
				a covered voter may apply for and receive voter registration materials,
				military-overseas ballots, and other information authorized under KRS Chapter
				117A.
				KRS
				117A.030(5) requires the
				Secretary of State to develop standardized absentee-voting materials, including
				privacy and transmission envelopes and their electronic equivalents,
				authentication materials, and voting instructions, to be used with the
				military-overseas ballot of a voter authorized to vote in any jurisdiction in
				the Commonwealth.
				KRS
				117A.030(6) requires the
				Secretary of State to 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.
				KRS
				117A.130 requires the Secretary of State, in
				coordination with local election officials, to implement an electronic
				free-access system by which a covered voter may determine by telephone,
				electronic mail, or Internet whether the voter's federal postcard application
				or other registration or military-overseas ballot has been received.
				KRS
				117A.030(2) authorizes the
				Secretary of State to delegate to the State Board of Elections the
				responsibility for the promulgation of administrative regulations necessary to
				implement KRS Chapter 117A. The Secretary of State has delegated to the State
				Board of Elections the responsibility for promulgating administrative
				regulations implementing KRS Chapter 117A, including establishing and
				implementing the electronic transmission system established by
				KRS
				117A.030(4), developing
				standardized absentee-voting materials to be used with military-overseas
				ballots pursuant to
				KRS
				117A.030(5), prescribing the
				form of a declaration for use by a covered voter pursuant to
				KRS
				117A.030(6), and
				establishing an electronic free-access system pursuant to
				KRS
				117A.130. This administrative regulation
				establishes the procedures for the county clerk to follow when transmitting a
				military-overseas ballot to a covered voter via facsimile or electronically and
				for a covered voter to follow when filling out and returning a
				military-overseas ballot that was transmitted to the covered voter via
				facsimile or electronically, incorporates by reference standardized
				absentee-voting materials and a declaration to be used by covered voters, and
				implements the electronic free-access system pursuant to
				KRS
				117A.130.
Section
			 1. Definitions.
(1) "Covered
			 voter" is defined by
			 KRS
			 117A.010(1).
(2) "Federal postcard application" is defined
			 by
			 KRS
			 117A.010(3).
(3) "Instructions to Voter" means the
			 Instructions for Voting to a Covered Voter Who Has Been Faxed or Electronically
			 Transmitted a Military-Overseas Ballot, SBE 46A.
(4) "Military-overseas ballot" is defined by
			 KRS
			 117A.010(5).
(5) "Transmission sheet" means the Official
			 Election Materials - Electronic Transmission Sheet prescribed by the Federal
			 Voting Assistance Program.