117.379 Examination of voting system or e-poll book product by State Board of
695 words·~3 min read·
/ky/117-379A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Elections.
(a)Any person or corporation owning, manufacturing, or selling any voting
system or e-poll book product, may request the State Board of Elections to
examine the voting system or e-poll book product. Before requesting an
examination or reexamination, any person, persons, or corporation shall pay to
the State Treasurer a nonrefundable deposit of five hundred dollars ($500) and
submit a test report from an independent testing authority approved by the
State Board of Elections.
(b)If the report concerns a voting system, the report shall demonstrate that the
voting system meets all Election Assistance Commission standards.
Notwithstanding any other provision of law to the contrary, if these Election
Assistance Commission standards have been amended less than thirty-six
months prior to the request for examination under this subsection, the State
Board of Elections may approve and certify a voting system that meets the
prior standards after determining:
1. The effect that such approval would have on the integrity and security of
elections; and
2. The procedure and cost involved to bring the voting system into
compliance with the amended standards.
(c)The State Board of Elections may, at any time, reexamine any voting system
or e-poll book product already approved. The State Board of Elections shall
approve or disapprove any voting system or e-poll book product within sixty
(60)days after the date of its initial submission. Any or all costs associated
with the voting system or e-poll book product being examined or reexamined
shall be paid to the State Treasurer by the person or corporation once the
approval or disapproval is complete.
(a)Upon receipt of a request for examination or reexamination of a voting system
or e-poll book product, the State Board of Elections shall require that such
voting system or e-poll book product be examined or reexamined by three
examiners. The State Board of Elections shall appoint one
(1)examiner who
is an expert in computer science, voting systems, or e-poll book products,
whichever is applicable; one
(1)person who is knowledgeable in election
procedures, election security, and election law in Kentucky; and one
person who is a present or former county clerk. The three
(3)examiners shall
submit one
(1)written report on each voting system or e-poll book product,
examined or reexamined, to the State Board of Elections. The members of the
State Board of Elections shall also examine or reexamine the voting system or
e-poll book product.
(b)A voting system shall be approved and certified if the examiners' report states
that the voting system meets all the requirements of KRS 117.125 and
applicable federal law, and the State Board of Elections finds that the voting
system meets all of the requirements of KRS 117.125 and applicable federal
law.
(c)Beginning September 1, 2022, an e-poll book product shall be approved and
certified if the examiners' report and the State Board of Elections find that the
e-poll book product meets the certification requirements promulgated by the
State Board of Elections pursuant to KRS Chapter 13A and applicable federal
law.
(d)Each report and letter of approval pertaining to a voting system or an e-poll
book product shall be filed in the office of the State Board of Elections.
(3)Any voting system or e-poll book product not approved by the State Board of
Elections shall not be used at any primary, regular election, or special election.
(4)When a voting system or e-poll book product has been approved, any improvement
or changes in the voting system or e-poll book product shall render necessary the
examination or approval of such voting system or improvement.
(5)Neither the members of the State Board of Elections, nor any examiner appointed
by the State Board of Elections, nor any member of a county board of elections shall
have any pecuniary interest in any voting system or e-poll book product.
(6)Each examiner appointed by the State Board of Elections shall receive fair
compensation to be established by the State Board of Elections.
(7)An e-poll book product approved under this section shall not be used in any
primary, regular election, or special election held before May 11, 2023.