117.088 Pilot program for unassisted voting by blind and visually impaired
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/ky/117-088A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
persons.
(1)For purposes of this section, "blind or visually impaired individual" means an
individual who:
(a)Has a visual acuity of 20/200 or less in the better eye with correcting
lenses or has a limited field of vision so that the widest diameter of the
visual field subtends an angle no greater than twenty
(20)degrees;
(b)Has a medically indicated expectation of visual deterioration;
(c)Has a medically diagnosed limitation in visual functioning that restricts the
individual's ability to read and write standard print at levels expected of
individuals of comparable ability;
(d)Has been certified as requiring permanent assistance to vote under KRS
117.255(5) for reason of blindness; or
(e)Qualifies to receive assistance to vote under KRS 117.255(2) for reason
of blindness.
(2)For purposes of this section, "pilot program" means a program in a county
containing a consolidated local government or containing a city of the first class
for unassisted voting by blind or visually impaired individuals.
(3)A county board of elections in a county containing a consolidated local
government or containing a city of the first class may establish a pilot program.
As part of this pilot program, the State Board of Elections shall approve the use
of voting equipment under KRS 117.379 that is designed to permit blind and
visually impaired individuals to vote without assistance, for use beginning in the
2002 general election. No county board of elections in a county containing a
consolidated local government or containing a city of the first class shall be
required to operate a pilot program.
(4)The State Board of Elections, if it approves the voting equipment under KRS
117.379, may approve the use of voting equipment designed to permit blind
and visually impaired individuals to vote without assistance in as many
locations within a county containing a consolidated local government or
containing a city of the first class as are designated by the county board of
elections.
(5)A county board of elections in a county containing a consolidated local
government or containing a city of the first class shall provide a report to the
State Board of Elections after every primary or regular election regarding the
number of blind or visually impaired individuals that have utilized the voting
equipment during the pilot program.
(6)Notwithstanding the provisions of KRS 116.025, or any other statute to the
contrary, a blind or visually impaired voter residing in a county containing a
consolidated local government or containing a city of the first class that is
operating a pilot program shall be permitted to vote at a location outside the
precinct of his or her registration by voting at a location within the county of his
or her registration on voting equipment designed to permit blind or visually
impaired individuals to vote without assistance, which may include voting at the
county clerk's office, or other place designated by the county board of
elections, and approved by the State Board of Elections.
(7)Notwithstanding the provisions of KRS 117.076, 117.085, 117.086, or
117.0863 or any other statute to the contrary, a blind or visually impaired
individual residing in a county containing a consolidated local government or
containing a city of the first class that is operating a pilot program shall be
permitted to vote in the location within the county of his or her registration as
provided under subsection
(6)of this section, on voting equipment designed to
permit blind or visually impaired individuals to vote without assistance, at any
time during which in-person absentee voting is conducted.
(8)The State Board of Elections may certify, as a part of the pilot project of a
county containing a consolidated local government or containing a city of the
first class, voting equipment which utilizes audio recordings, voice-activated
technology, or vocal recognition technology to record a vote, and may require
such accommodations as would permit a blind or visually impaired voter to cast
a vote in secret, provided the voting equipment produces a voter-verified paper
audit trail.
(9)Notwithstanding the provisions of KRS 117.255, a blind or visually impaired
voter residing in a county containing a consolidated local government or
containing a city of the first class that is operating a pilot project may cast his or
her vote alone and without assistance on voting equipment approved for use
by blind or visually impaired individuals. However, the blind or visually impaired
voter shall be instructed by the officers of election, with the aid of the
instruction cards and the model, in the use of the equipment, if the voter so
requests.
(10)Nothing in this section shall impair the right of any qualified voter under KRS
117.255 to receive assistance and vote according to the procedures specified
in that section.