117.087 Challenge of a mail-in absentee ballot -- Processing and review of
1,461 words·~7 min read·
/ky/117-087A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
absentee ballots -- Counting procedure -- Limitation on publicizing partial
results.
(1)The challenge of a mail-in absentee ballot shall be in writing and in the hands
of the county clerk before 8 a.m. on the day preceding any primary, regular
election, or special election day.
(2)The county board of elections may appoint a central ballot counting board of
not less than three
(3)members, who shall be qualified voters and no more
than two-thirds (2/3) of whom shall be members of the same political party, to
process, review, and count the ballots at the direction of the county board of
elections.
(a)Beginning at 8 a.m. on any primary, regular election, or special election
day, the county board of elections or central ballot counting board shall
meet at the county clerk's office or other place designated by the county
board of elections to process and review the mail-in absentee ballots
returned. Candidates or their representatives shall be permitted to be
present. The county board of elections or central ballot counting board
may meet up to fourteen
(14)days prior to the day of a primary or election
to review and process the mail-in absentee ballots cast in the county. The
county board of elections or central ballot counting board shall meet as
often as necessary during these fourteen
(14)days to process and review
returned mail-in absentee ballots, including expediting any signature
cures.
(b)The county board of elections or counting board chair or the chair's
designee shall provide each board member with a list of all voters who
have returned a mail-in absentee ballot by mail. If a list of all voters who
have returned a mail-in absentee ballot by mail is not provided to the
board, the name of each voter who cast an absentee ballot by mail shall
be read aloud. The county board of elections shall authorize
representatives of the news media to observe the processing and review
of the ballots to determine their acceptance or rejection.
(c)Acceptance or rejection of the mail-in absentee ballots shall be
determined as follows:
1. The county board of elections or the central ballot counting board
shall open the boxes containing absentee ballots returned by mail,
hand delivered, or deposited in a drop-box or receptacle, and
remove the envelopes one
(1)at a time. All mail-in absentee ballots
returned shall have their barcode or unique label scanned to note
official receipt;
2. As each envelope is removed, it shall be examined to ascertain
whether the outer envelope and the detachable flap are in proper
order and have been signed by the voter, except if:
a. The detachable flap and outer envelope for the voter have
been signed by a person having power of attorney for the
voter, and that person has completed the voter assistance form
required by KRS 117.255; or
b. The voter has signed the detachable flap and outer envelope
with the use of a mark instead of the voter's signature, the
county board of elections or the central ballot counting board
shall verify that the mark was made in the presence of two
witnesses; 3. Ballots with unsigned detachable flaps or outer envelopes shall be
rejected automatically; 4. Ballots that have not been sent by the county clerk to a qualified
voter, but are received by the county board of elections or the
central ballot counting board shall be rejected automatically; 5. The members of the county board of elections, or the members of
the central ballot counting board, shall compare the signatures on
the outer envelope and the detachable flap with the signature of the
voter that appears on the voter's signature of record, which record
shall include the signature on the voter's identity document as
defined in KRS 186.010, the voter's mail-in absentee ballot
application, or the voter's registration card. If a signature match
cannot be made, the county board of elections, central ballot
counting board, or the county clerk shall make a reasonable effort to
contact the voter and provide notice to the voter with a timeframe
and manner in which the voter may cure his or her signature relative
to the mail-in absentee ballot signature. All signature cures shall be
completed before the closing of the polls on the day of a primary or
an election; 6. If the outer envelope and the detachable flap are found to be in
order, the members of the county board of elections or the members
of the central ballot counting board shall verify the voter's name from
the list of persons who were sent mail-in absentee ballots, but if a
list has not been provided to the board, the name of the voter shall
be read aloud; 7. If the vote of the voter is not rejected on a challenge as provided in
subparagraph 8. of this paragraph or as otherwise provided in this
subsection, the members of the county board of elections or the
members of the central ballot counting board shall remove the
detachable flap and place the secrecy envelope unopened in a
ballot box which has been provided for the purpose; 8. When the name of a voter who cast a mail-in absentee ballot is
processed and reviewed by the members of the county board of
elections or the members of the central ballot counting board, the
vote of the voter may be challenged by any board member or by the
written challenge provided in subsection
(1)of this section and the
challenge may be determined and the vote accepted or rejected by
the board as if the voter was present and voting in person; but if the
outer envelope and the detachable flap are regular, and each
substantially comply with the provisions of this chapter, they shall be
considered as showing that the voter is prima facie entitled to vote. If
the vote of a voter is rejected pursuant to the challenge, the secrecy
envelope shall not be opened, but returned to the outer envelope
upon which the chair or member shall write on the envelope the
word "rejected";
9. If irregularities are discovered in the review and processing of the
mail-in absentee ballot, the county board of elections or the central
ballot counting board shall immediately report to the county attorney
or the Office of the Attorney General; and
10. The ballot box into which all accepted mail-in absentee ballots are
placed shall be locked with at least two
(2)locks and the keys to the
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, who are not of the
same political affiliation. The box shall remain locked until the ballots
are counted.
(d)The State Board of Elections shall promulgate administrative regulations
under KRS Chapter 13A establishing the form of the notice required
under this subsection for the curing of signatures.
(a)Beginning at 8 a.m. local time on any primary, regular election, or special
election day, the county board of elections or a central ballot counting
board shall meet in the county clerk's office or other place designated by
the county board of elections to:
1. Review and process any mail-in absentee ballots returned using the
procedures in subsection
(3)of this section; and
2. Count, or the county board of elections may oversee the count by
the central ballot counting board, the accepted mail-in absentee
ballots and total and record the in-person absentee votes cast.
(b)During the review, processing, and counting of the absentee ballots and
votes, candidates or their representatives shall be permitted to be
present, and the county board of elections shall authorize representatives
of the news media to observe.
(5)After the challenges have been made and all the blank secrecy envelopes
have been placed in a ballot box, the box shall be thoroughly shaken or
shuffled to redistribute the absentee ballots in the box to ensure secrecy of the
vote. The board shall open the ballot box, remove the absentee ballots from
the secrecy envelopes, and count the ballots.
(6)The board shall unlock and break the tamper-resistant seal to any voting
equipment used to cast in-person absentee ballots, as provided for in KRS
117.076, and a total of all in-person absentee ballots shall be made and
recorded on the form provided by the State Board of Elections.
(7)No person shall transmit or publicize any tallies or counts of the absentee
ballot results or any partial results as provided in this section to any person
except those persons, election officials, or entities authorized by law to receive
it, until 6 p.m. prevailing time on the day of a primary or an election.