Kentucky Administrative Regulations › Title 31 - STATE BOARD OF ELECTIONS › Chapter 2 - Electronic Voting Systems › Section 31 KAR 2:010 - Preparation of ballots and voting systems prior to election day

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				116.025,
				116.065,
				117.075,
				117.085(5),
				117.125,
				117.145,
				117.155,
				117.165,
				117.175,
				117.195,
				117.205,
				117.255,
				117.275,
				117.285,
				117.375,
				117.377,
				117.379,
				117.381,
				117.383,
				117.385,
				117.387,
				117.389,
				117.391,
				117.393,
				118.015,
				118.215(1),
				118.770,
				118A.010,
				119.005,
				424.290
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				117.015(1)(a) authorizes the
				State Board of Elections to promulgate administrative regulations necessary to
				administer the election laws of the state.
				KRS
				117.383 requires the State Board of Elections
				to promulgate rules and administrative regulations to achieve and maintain the
				maximum degree of correctness, impartiality, and efficiency of the procedures
				of voting. KRS
				117.383(1) requires the
				State Board of Elections to promulgate rules and administrative regulations to
				count, tabulate, and record votes.
				KRS
				117.383(2) requires the
				State Board of Elections to promulgate rules and administrative regulations to
				establish a method for placing items on any ballot, which shall, as closely as
				possible, follow the requirements pertaining to ballots.
				KRS
				117.383(5) requires the
				State Board of Elections to promulgate rules and administrative regulations to
				provide for checking the accuracy of the equipment. This administrative
				regulation establishes the procedures for the county clerk and the county board
				of elections to follow in preparing the ballots and the voting systems prior to
				each election.
Section 1. Definitions.
(1) "Accuracy Board" means the county board
			 of elections, or at least two (2) individuals appointed by the county board of
			 elections, assigned with the duty of overseeing the accuracy testing of the
			 voting machines and the voting systems required by
			 31 KAR 2:020.
(2) "Accuracy test" means the procedures
			 established by
			 31 KAR 2:020 for checking the
			 accuracy of the voting equipment required by
			 KRS
			 117.383(6), and the testing
			 of the automatic tabulating equipment and voting systems required by
			 KRS
			 117.389.
(3) "Ballot accountability statement" means a
			 form created by the county clerk in accordance with Section 4 of this
			 administrative regulation.
(4)
			 "Ballot template" means a printout created by the program administrator of the
			 voting systems that shows the results of the steps taken by the program
			 administrator to place all candidates, races, and ballot questions on each
			 ballot based on the information provided by the county clerk.
(5) "Certification" means the information
			 provided by the county clerk to the program administrator that includes an
			 accurate listing of all federal, state, county, and local candidates, offices
			 and ballot questions to be placed on the ballot for each voting machine or
			 voting system for each precinct within five (5) days of receiving the
			 certification of candidates by the Secretary of State, pursuant to
			 KRS
			 118.215(1), or immediately
			 after receiving the Secretary of State's certification pursuant to
			 KRS
			 118.770.
(6) "Program administrator" means the county
			 clerk or authorized assistant designated to configure the voting machines and
			 voting systems.
(7) "Scan voting
			 system" means a tabulating device that reads paper ballots by electronically
			 detecting voters' marks.
(8)
			 "Voting machine" means hardware, which is a component of the voting system,
			 used or relied upon by a voter in casting and recording his or her votes in a
			 precinct in an election, which has been approved by the State Board of
			 Elections for use in elections in the Commonwealth of Kentucky pursuant to
			 KRS
			 117.379 and
			 117.381.
(9) "Voting system" means a system of
			 components of hardware and software, including the voting machine, used by a
			 voter to cast a ballot and by the election officials to tabulate the votes on
			 election day, which has been approved by the State Board of Elections for use
			 in elections in the Commonwealth of Kentucky pursuant to
			 KRS
			 117.379 and
			 117.381.
(10) "Zero-file" means a computer-based
			 electronic file type listing all electoral contests and questions, displaying
			 precinct-by-precinct vote totals registering as zero, which includes all
			 candidates, offices, and ballot questions in the order under which they have
			 been certified pursuant to
			 KRS
			 118.215(1) or
			 KRS
			 118.770, for all mail-in absentee ballots,
			 excused in-person absentee ballots, no-excuse in-person absentee ballots, and
			 election day ballots.