117.035 County board of elections -- Membership -- Appointed members --
1,183 words·~5 min read·
/ky/117-035A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Meetings -- Questions regarding voter registration and proof of identification -
- Staff.
(1)There shall be a county board of elections, which shall, at the direction and under
the supervision of the State Board of Elections, administer the election laws and the
registration and purgation of voters within the county.
(a)The board shall consist of the county clerk, the sheriff, and two
(2)members
appointed by the State Board of Elections under paragraph
(d)of this
subsection. Appointed board members shall serve for a term of four
(4)years
that expires on June 30 of the year following a presidential election and until
their successors are appointed.
(b)The sheriff shall not serve on the board during any year in which he or she is a
candidate, but shall recommend to the board a temporary replacement to serve
in his or her place. If the sheriff cannot serve because he or she is sick,
injured, or otherwise incapacitated, he or she may recommend a temporary
replacement to serve in his or her place until the sheriff may resume his or her
duties or a vacancy in office is declared.
(c)The county clerk may, at his or her option, continue to serve on the board
during a year in which he or she is a candidate. If the clerk elects not to serve,
he or she shall recommend a temporary replacement to serve in his or her
place. If the county clerk cannot serve because he or she is sick, injured, or
otherwise incapacitated, he or she may recommend a temporary replacement
to serve in his or her place until the county clerk may resume his or her duties
or a vacancy in office is declared.
(d)1. Notwithstanding the provisions of KRS 61.080, service on the board of
elections shall be compatible with the holding of any other county or
city office.
2. The members shall be at least twenty-one
(21)years of age, qualified
voters in the county from which they are appointed, and shall not have
been convicted of any election law offense.
3. One
(1)member shall be appointed from a list of five
(5)names
submitted by the county executive committee of each political party as
defined in KRS 118.015. If there are two
(2)or more contending
executive committees of the same political party in any county, the one
recognized by the written certificate of the chair of the state central
committee of the political party shall be the one authorized to submit the
lists.
4. If the State Board of Elections does not receive the list as required by
subparagraph 3. of this paragraph for each political party for each
county by the deadline established in paragraph
(a)of this subsection or
within one
(1)month of a vacancy, then the chair of the state central
committees for the political parties may submit lists of five
(5)names of
qualified residents from the remaining counties by August 1 of the year
in which the term expires or within two
(2)months of a vacancy.
5. If the State Board of Elections does not receive a list from either the
county executive committee under subparagraph 3. of this paragraph or
the chair of the state executive committee under subparagraph 4. of this
paragraph, then the State Board of Elections shall appoint a qualified
resident from the county at its next regularly scheduled meeting in
September of the year in which the term expires or within three
months of a vacancy.
6. A member appointed by the State Board of Elections may be removed
by the State Board of Elections for just cause.
7. A member appointed by the State Board of Elections may be removed
by the State Board of Elections upon a request approved by a two-thirds
(2/3) vote of the full membership of the county executive committee that
submitted the member's name. The county executive committee shall
provide conclusive evidence of the committee's membership and
evidence of the committee's two-thirds (2/3) vote before the State Board
of Elections removes any member appointed by the State Board of
Elections.
8. If an appointee is temporarily unable to act, a temporary appointee shall
be named by the State Board of Elections. A temporary appointee shall
serve until the original appointee notifies the State Board of Elections
that he or she is able to resume his or her term.
9. A member appointed by the State Board of Elections shall not serve on
the board if he or she is a candidate for public office, and the member
shall resign upon filing papers to become a candidate for public office or
shall be removed from office by the State Board of Elections. A member
who resigns or is removed because of his or her candidacy shall not
resume his or her term following the completion of the candidacy.
10. Vacancies and temporary vacancies shall be filled in the same manner as
provided for original appointments, and the person appointed to fill the
vacancy or temporary vacancy shall be of the same political party as his
or her predecessor.
(e)Compensation and payment of actual expenses of members shall be set by the
fiscal court either as an amount payable on an annual basis, or as an amount
payable on a per diem basis of not less than fifty dollars ($50) for each day the
board meets.
(3)A majority of the board shall constitute a quorum. The county clerk shall serve as
chair of the meetings and may vote. In case of a tie, the chair may cast an additional
vote. Records shall be kept of all proceedings, and the records shall be public and
kept at the office of the county clerk.
(4)The board shall meet as follows:
(a)During years in which a primary or regular election is scheduled, the board
shall meet at least once every other month and may meet more frequently if
necessary upon the call of the chair or upon written agreement of two
(2)or
more members of the board. The call shall provide notice as prescribed by
KRS 61.823;
(b)During years in which no primary or regular election is scheduled, the board
shall meet at the call of the chair or upon written agreement of two
(2)or
more members of the board. The call shall provide notice as prescribed by
KRS 61.823; and
(c)The board shall meet and stay in session on primary, regular election, and
special election days to correct clerical errors, to rule on questions regarding
voter registration, proof of identification, and the curing of signatures relative
to mail-in absentee ballots, and may make to the election officers such
certifications as may be necessary. On primary, regular election, and special
election days, appeals may be made to a Circuit Judge, but a ruling of the
board shall be reversed only upon a finding that it was arbitrary and
capricious.
(5)The board may employ, on a bipartisan basis, a staff sufficient to carry out the
duties assigned to the board.