117.086 Return of absentee ballot -- Secure drop-boxes and receptacles -- Locked
1,307 words·~6 min read·
/ky/117-086A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
ballot box -- Clerk's duty to keep separate lists for votes cast by mail-in
absentee ballot, by excused and no-excuse in-person voting, and by federal
provisional in-person absentee ballot -- Report on rejected absentee ballots.
(a)The voter returning his or her absentee ballot to the county clerk by mail,
hand delivery, or to a secure drop-box or receptacle, shall mark his or her
ballot, seal it in the secrecy envelope, and then seal the outer envelope.
(b)The voter shall sign the detachable flap and the outer envelope in order to
validate the ballot. A person having power of attorney for the voter and who
signs the detachable flap and outer envelope for the voter shall complete the
voter assistance form as required by KRS 117.255. The signatures of two
witnesses are required if the voter signs the form with the use of a mark
instead of the voter's signature. A resident of Kentucky who is a covered voter
as defined in KRS 117A.010 who has received an absentee ballot transmitted
by facsimile machine or by means of the electronic transmission system
established under KRS 117A.030(4) shall transmit the voted ballot to the
county clerk by mail only, conforming with ballot security requirements that
may be promulgated by the State Board of Elections by administrative
regulation under KRS Chapter 13A. In order to be counted, all mail-in
absentee ballots shall be received by the county clerk no later than the time
established by the election laws generally for the closing of the polls, which
time shall not include the extra hour during which those voters may vote who
were waiting in line to vote at the scheduled poll closing time.
(a)The county clerk shall provide a minimum of one
(1)secure ballot drop-box
to receive voted mail-in absentee ballots for each primary, regular election, or
special election. Public notice of all secure ballot drop-box locations shall be
given in the same manner as provided under KRS 117.076(4), and posted to
the website of the county clerk.
(b)The county board of elections may seek the State Board of Elections' approval
of a ballot receptacle to receive voted mail-in absentee ballots for each
primary, regular election, or special election. Public notice of all secure ballot
receptacle locations shall be given in the same manner as provided under KRS
117.076(4), and posted to the website of the county clerk. Before any mail-in
absentee ballot shall be allowed to be deposited inside a receptacle, the county
board of elections shall inform the State Board of Elections of:
1. The number of receptacles to be used;
2. The type of each receptacle to be used; and
3. The receptacle location.
(c)Any drop-box or receptacle located outside of the county clerk's office shall
be:
1. Placed in a well-lit and easily accessible location;
2. Secured to ensure immobility while in use;
3. Under video surveillance at all times;
4. Tamper-resistant; and
5. Conspicuously noted as a mail-in absentee ballot drop-off location.
(d)The system used to conduct the video surveillance required under paragraph
(c)of this subsection shall have enough storage capacity to retain sixty
consecutive days of continuous recording data. A request under the Kentucky
Open Records Act, KRS 61.870 to 61.884, for this video after an election
shall be made during the sixty
(60)consecutive days following the election,
and the video may be disposed of after those sixty
(60)days, or upon
compliance with the Kentucky Open Records Act or the closure of an
investigation or any litigation, including appeals, in a District, Circuit, or
federal court, whichever is later.
(e)A drop-box or receptacle located inside the county clerk's office shall be
under direct supervision of the staff of the county clerk at all times and be
accessible to the public.
(f)Each receptacle or drop-box shall be emptied by the county clerk and at least
one
(1)member of the county board of elections or one
(1)member of the
central ballot counting board if one is appointed, who is not of the same
political affiliation as the county clerk at least once each business day or more
frequently, as needed, to reasonably secure and accommodate the volume of
the voter-delivered mail-in absentee ballots. The ballots deposited in the drop-
box or receptacle shall be removed with a record of the date and time ballots
were removed, and the names of the persons removing them. If the drop-box
or receptacle is located outside the county clerk's office, the ballots shall be
returned to the county clerk in locked transport containers, and the county
clerk shall transfer the ballots upon receipt in accordance with subsection
of this section.
(g)Except for those times ballots are being removed and transported from a
secure ballot drop box to the county clerk as provided in this subsection, the
county clerk and at least one
(1)member of the county board of elections who
is not of the same political affiliation or one
(1)member of the central ballot
counting board who is not of the same political affiliation as the county clerk,
shall retain the keys to all secure ballot drop-boxes, receptacles, and transport
containers in use in the county.
(h)The State Board of Elections may establish additional security measures and
procedures for the use of the ballot drop-box or receptacle through
administrative regulations promulgated under KRS Chapter 13A.
(3)Upon receipt of a mail-in absentee ballot, the county clerk shall scan the barcode or
label that is unique to the individual voter to note the receipt of the mail-in absentee
ballot, and deposit all of the mail-in absentee ballots in a locked ballot box
immediately upon receipt without opening the outer envelope. The ballot box shall
be locked with two
(2)locks. The keys to the ballot box shall be retained by at least
two
(2)members of the county board of elections who are not of the same political
affiliation or two
(2)members of the central ballot counting board if one
(1)is
appointed, who are not of the same political affiliation, and the box shall remain
locked until the ballots are processed, reviewed, or counted under KRS 117.087.
(4)The county clerk shall keep separate lists for each election of all persons who:
(a)Return a mail-in absentee ballot accepted under KRS 117.087;
(b)Vote by means of an excused or no-excuse in-person absentee ballot; and
(c)Cast a federal provisional absentee ballot counted under 31 KAR 6:020.
The county clerk shall send a copy of each list to the State Board of Elections after
any primary or election day. Notwithstanding the provisions of the Kentucky Open
Records Act, KRS 61.870 to 61.884, each list of all persons who return their mail-in
absentee ballots or who cast their ballots by means of an excused in-person
absentee or no-excuse in-person absentee shall not be made public until after the
close of business hours on the primary or election day for which the list applies,
except when provided to the county board of elections under KRS 117.087. The
county clerk and the Secretary of State shall keep a record of the number of votes
cast by each method listed in paragraphs
(a)to
(c)of this subsection, which are cast
in any primary or election as a part of the official certification of the primary or
election.
(5)The county board of elections shall report to the State Board of Elections within ten
(10)days after any primary or regular election as to the number of rejected absentee
ballots, including rejected mail-in absentee ballots and ballots cast under subsection
(3)of this section, and the reasons for rejecting the ballots on a form prescribed and
furnished by the State Board of Elections in administrative regulations promulgated
under KRS Chapter 13A.