117.255 Instruction of voters -- Voters requiring assistance -- Manner of voting --
778 words·~4 min read·
/ky/117-255A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Report of violations.
(1)The voter shall be instructed by the officers of election, with the aid of the
instruction cards and any model if applicable, in the use of the voting equipment, if
the voter so requests.
(2)Except for those voters who have been certified as requiring assistance on a
permanent basis under this section, no voter shall be permitted to receive any
assistance in voting at the polls unless the voter makes and signs an oath that,
because of blindness, other physical disability, or an inability to read English, the
voter is unable to vote without assistance. The voter shall indicate in the oath the
specific reason that requires the voter to receive assistance. The oath shall be upon a
voter assistance form prescribed and furnished by the State Board of Elections
pursuant to administrative regulations promulgated under KRS Chapter 13A. Any
person assisting a voter shall complete the voter assistance form.
(3)Upon making and filing the oath with the precinct clerk, the voter requiring
assistance shall retire to the voting booth or ballot completion area with the precinct
judges, and one
(1)of the judges shall, in the presence of the other judge and the
voter, complete the ballot as the voter directs. A voter requiring assistance in voting
may, if the voter prefers, be assisted by a person of the voter's own choice who is
not an election officer, except that the voter's employer, an agent of the voter's
employer, or an officer or agent of the voter's union shall not assist a voter.
(4)The precinct election clerk shall swear a person assisting a voter in voting to
complete the ballot in accordance with the directions of the voter, and the person
sworn shall enter the voting booth or ballot completion area and complete the ballot
for the voter as the voter directs.
(5)A voter who requires voting assistance on a permanent basis because of blindness
or other physical disability may apply to the county board of elections for
certification. Application may be made when registering to vote or completing the
voter assistance form by indicating that the reason for obtaining assistance is
permanent. The voter shall swear or affirm, under penalty of perjury, that he or she
requires voting assistance on a permanent basis because of a permanent physical
disability. The county board of elections shall notify the county clerk of persons
certified as requiring permanent voting assistance and the county clerk shall enter
the certification on the voter's registration record. The State Board of Elections shall
indicate on the precinct roster of voters those voters who are certified to receive
assistance permanently without signing the voter assistance form at the precinct.
(6)No voter shall be permitted to occupy the voting booth or ballot completion area
more than four
(4)minutes if other voters are waiting to use it, except that those
voters who because of a disability need extra time to cast a ballot shall be given a
reasonable amount of time to vote.
(7)In primaries, before a voter is permitted to use the voting equipment, a judge of the
election shall adjust the voting equipment so that the voter will only be able to vote
for the persons for whom the voter is qualified to vote.
(8)If the voting equipment is so constructed as to require adjustment after one
person has voted before another person may vote, the judges of election shall adjust
it after each person has voted.
(9)The election officers shall constantly maintain a watch in order to prevent any
person from voting more than once.
(10)For voters voting as federal provisional voters, or if supplemental paper ballots
have been approved as provided in KRS 118.215, the voter shall vote his or her
federal provisional or supplemental ballot in privacy in a voting booth provided for
that purpose by the county clerk. If the voter spoils his or her federal provisional or
supplemental ballot, the voter shall return the spoiled federal provisional or
supplemental paper ballot to an election officer who shall stamp the ballot
"Spoiled," initial, and place the spoiled federal provisional or supplemental ballot in
an envelope provided for that purpose. The voter shall be issued a second federal
provisional or supplemental paper ballot. Upon completion of voting, the voter shall
remove the numbered stub from the federal provisional or supplemental ballot, hand
the stub to an election officer and deposit the voted federal provisional or
supplemental ballot in the appropriate locked ballot box or locked receptacle in the
presence of an election officer.
(11)The election sheriff shall be responsible for reporting violations of this section.