117.076 No-excuse in-person absentee ballot -- Excused in-person absentee ballot --
1,384 words·~6 min read·
/ky/117-076A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Proof of identification -- In-person absentee voting procedure -- Voter
assistance form -- Oath of voter affidavit -- Signature roster -- Members of
county board may serve as precinct officers -- Challengers -- Locking of voting
equipment -- Transmitting or publicizing count -- Tamper-resistant seal --
Administrative regulations.
(1)Any voter who is qualified to vote on election day in the county of his or her
residence may choose to cast a no-excuse in-person absentee ballot on the
Thursday, Friday, or Saturday immediately preceding the day of an election. The
available hours from which a voter may cast his or her vote during these three
days shall be no less than eight
(8)hours between 6 a.m. and 8 p.m. prevailing time,
as determined by the county board of elections of each county.
(2)Any voter who is qualified to vote on election day in the county of his or her
residence may make application to cast an excused in-person absentee ballot during
normal business hours during the six
(6)business days immediately preceding the
Thursday of no-excuse in-person absentee voting under subsection
(1)of this
section. The voter who makes application under this subsection shall meet one
of the following requirements in order to cast his or her excused in-person absentee
ballot:
(a)Is a resident of Kentucky who is a covered voter as defined in KRS 117A.010,
who will be absent from the county of his or her residence on the day of an
election and during the days of no-excuse in-person absentee voting;
(b)Has surgery, or whose spouse has surgery, scheduled that will require
hospitalization on the day of an election and during the days of no-excuse in-
person absentee voting;
(c)Temporarily resides outside the state, but is still eligible to vote in this state
and will be absent from the county of his or her residence on the day of an
election and during the days of no-excuse in-person absentee voting;
(d)Is a resident of Kentucky who is a uniformed-service voter as defined in KRS
117A.010 confined to a military base on election day and during the days of
no-excuse in-person absentee voting;
(e)Is in her last trimester of pregnancy;
(f)Has not been declared mentally disabled by a court of competent jurisdiction
and, due to age, disability, or illness, is not able to appear at the polls on
election day and during the days of no-excuse in-person absentee voting;
(g)Is a caregiver who is providing medical or healthcare assistance to a voter
who is qualified to cast a ballot under paragraph
(f)of this subsection;
(h)Is a student who temporarily resides outside the county of his or her residence
and will be absent from the county of his or her residence on the day of an
election and during the days of no-excuse in-person absentee voting;
(i)Any person employed in an occupation that is scheduled to work during all
days and all hours, which shall include commute time, the polls are open on
election day and during the days of no-excuse in-person absentee voting;
(j)Any election officer tasked with election administration for the current
election cycle; or
(k)Any person prevented from voting in person at the polls on election day and
from casting a no-excuse in-person absentee ballot on all days no-excuse in-
person absentee voting is conducted because he or she will be absent from the
county of his or her residence during all days and all hours no-excuse in-
person absentee voting is conducted.
(3)Any voter who votes an in-person absentee or federal provisional in-person
absentee ballot shall provide proof of identification as defined in KRS 117.001 or
meet the requirements of KRS 117.228 or 117.229.
(4)In-person absentee voting shall be conducted in a location within the county clerk's
office where ballots shall be cast secretly. In-person absentee voting may occur in
another location within the county if the location is designated by the county board
of elections and approved by the State Board of Elections. The county clerk may
provide for voting by the voting equipment in general use in the county or any other
voting equipment approved by the State Board of Elections for use in Kentucky.
Public notice of the locations shall be given pursuant to KRS Chapter 424, and
similar notice by mail shall be given to the county chairs of the two
(2)political
parties whose candidates polled the largest number of votes in the county at the last
regular election.
(5)Any voter qualifying to vote who receives assistance to vote in-person absentee
shall complete the voter assistance form required by KRS 117.255.
(6)Any voter qualifying to vote whose qualifications are challenged on grounds other
than inability to provide proof of identification by any clerk or deputy shall
complete an oath of voter affidavit.
(7)Each voter casting his or her vote in-person absentee shall sign an in-person
absentee ballot signature roster.
(8)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 in-person absentee voting conducted. If the members
of the county board of elections or their designees serve as precinct election officers
for in-person 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 in-person absentee voting, the county clerk or deputy
county clerks shall supervise the in-person absentee voting.
(9)Any individual qualified to appoint challengers for the day of an election may also
appoint challengers to observe all in-person absentee voting, 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.
(10)During the days of in-person absentee voting, all voting equipment on which in-
person absentee ballots are cast shall remain locked and the keys shall be retained
by at least two
(2)members of the central ballot counting board who are not of the
same political affiliation or by two
(2)members of the county board of elections
who are not of the same political affiliation, and the voting equipment shall remain
locked with a tamper-resistant seal until the ballots are counted.
(11)No person shall transmit or publicize any tallies or counts of in-person absentee
ballots, or any partial results, to any person except when provided to the county
board of elections under KRS 117.087, until 6 p.m. prevailing time on the day of a
primary or an election.
(a)Before and after each day of in-person absentee voting, on all voting
equipment to be used, the tamper-resistant seal shall be checked to ensure it is
unaltered and the number on the public counter shall be read and recorded.
The status of the tamper-resistant seal shall be indicated and the number on
the public counter of each voting equipment shall be recorded by the county
clerk or his or her designated election official, member of the county board of
elections, or member of the central ballot counting board. The status of the
tamper-resistant seal and the number recorded from the public counter shall
be witnessed by an election official who is of a different political affiliation
than the person recording.
(b)The status of the tamper-resistant seal and the number on the public counter
shall be recorded on a form prescribed and furnished by the State Board of
Elections pursuant to administrative regulations promulgated under KRS
Chapter 13A.
(c)The witness who is present shall verify, through validity of his or her
signature on the form provided, the accuracy of the number recorded from the
public counter, the number recorded on the prescribed form, and the status of
the tamper-resistant seal.
(d)Any irregularities observed by the election official who is recording and the
election official who is a witness shall be immediately reported to the county
attorney or the Office of Attorney General.
(13)The State Board of Elections shall promulgate administrative regulations under
KRS Chapter 13A to provide for the casting of ballots in accordance with this
section.