117.001 Definitions for chapter.
1,644 words·~7 min read·
/ky/chapter-117/117-001A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in this chapter:
(1)"Audit log" means a detailed record of all actions and events that have occurred on
the voting system, including:
(a)Log-in attempts with username and time stamp;
(b)Election definition and setup;
(c)Ballot preparation and results processing;
(d)Diagnostics of any type; and
(e)Error and warning messages and operator response;
(2)"Automatic tabulating equipment" means apparatus necessary to automatically
examine and count votes as designated on ballots and data processing machines
which can be used for counting ballots and tabulating results;
(3)"Ballot" or "official ballot" means the official presentation of offices and candidates
to be voted for, including write-in candidates, and all public questions submitted for
determination, and shall include a voting machine ballot, a paper ballot, an absentee
ballot, a federal provisional ballot, a federal provisional absentee ballot, or a
supplemental paper ballot which has been authorized for the use of voters in any
primary, regular election, or special election by the Secretary of State or the county
clerk;
(4)"Ballot box" means any box, bag, or other container that can be locked, sealed, or
otherwise rendered tamper-resistant, for receiving ballots;
(5)"Ballot marking device" means any approved device for marking a ballot which
will enable the ballot to be tabulated manually or by means of automatic tabulating
equipment;
(6)"Election" or "elections" means any primary, regular election, or special election;
(7)"Election officer" has the same meaning as in KRS 118.015;
(a)"Electioneering communication" means any communication broadcast by
cable, internet, television, or radio, presented on an electronic billboard, made
in telephone calls to personal residences, or otherwise electronically
distributed that:
1. Unambiguously refers to any candidate for any state, county, city, or
district office, or to any ballot measure;
2. Is broadcast, printed, mailed, delivered, made, or distributed within
forty-five
(45)days before a primary or regular election; and
3. Is broadcast to, distributed to, in telephone calls made to, or otherwise
distributed to an audience that includes members of the electorate for
such public office or the electorate associated with the ballot containing
the ballot measure.
(b)"Electioneering communication" does not include:
1. Any news articles, editorial endorsements, opinions or commentary,
writings, or letters to the editor printed in a newspaper, magazine, or
other periodical not owned or controlled by a candidate, committee, or
political party;
2. Any editorial endorsements or opinions aired by a broadcast facility not
owned or controlled by a candidate, committee, or political party;
3. Any communication by persons made in the regular course and scope of
their business or any communication made by a membership
organization solely to members of such an organization and their
families;
4. Any communication that refers to any candidate only as part of the
popular name of a bill or statute;
5. A communication that constitutes a contribution or independent
expenditure as defined in KRS 121.015; or
6. A bona fide newscast, news interview, news documentary, or on-the-
spot coverage of a bona fide news event broadcast on any radio or
television broadcasting station, including a cable or satellite television
operator, programmer, or producer, that is not owned or controlled by a
candidate, committee, or political party, provided that the entity does not
remove or modify any disclaimer provided by the sponsor of the
communication;
(9)"E-poll book" means an electronic device capable of holding a file of voter data and
related information for use in identifying registered voters prior to a voter's
receiving or casting a ballot, and allowing a voter to electronically sign in on an
electronic registered voter roster in lieu of signing a paper registered voter roster;
(10)"Federal provisional voter" means a person:
(a)Who does not appear to be registered to vote;
(b)Whose name does not appear on the precinct roster;
(c)Who has not provided proof of identification to the precinct election officer
before voting in a federal election; and
(d)Who elects to proceed with voting a federal provisional ballot under KRS
117.229;
(11)"Federal provisional ballot" or "federal provisional absentee ballot" means ballots
which have been authorized by the Secretary of State or the county clerk to be used
by federal provisional voters in any federal primary or election;
(12)"Information content provider" means any person or entity that is responsible, in
whole or in part, for the creation or development of information provided through
the internet or any other interactive computer service;
(13)"Inner envelope" or "secrecy envelope" means the envelope provided to the voter
with a ballot into which the voter shall place his or her voted ballot;
(14)"Interactive computer service":
(a)Means any information service, system, or access software provider that
provides or enables computer access by multiple users to a computer server,
including specifically a service or system that provides access to the internet
and such services offered or systems operated by libraries or educational
institutions; and
(b)Does not include exemptions in the Communications Decency Act of 1996, as
amended, 47 U.S.C. sec. 230;
(15)"Political group" has the same meaning as in KRS 118.015;
(16)"Political organization" has the same meaning as in KRS 118.015;
(17)"Precinct ballot counter" means an automatic tabulating device used at the precinct
to tabulate and process ballots;
(18)"Proof of identification" means a document that was issued by:
(a)The United States or the Commonwealth of Kentucky, and the document
contains:
1. The name of the individual to whom the document was issued; and
2. A photograph of the individual to whom the document was issued;
(b)The United States Department of Defense, a branch of the uniformed services,
the Merchant Marine, or the Kentucky National Guard, and the document
contains:
1. The name of the individual to whom the document was issued; and
2. A photograph of the individual to whom the document was issued;
(c)A public or private college, university, or postgraduate technical or
professional school located within the United States, and the document
contains:
1. The name of the individual to whom the document was issued; and
2. A photograph of the individual to whom the document was issued; or
(d)Any city government, county government, urban-county government, charter
county government, consolidated local government, or unified local
government, which is located within this state, and the document contains:
1. The name of the individual to whom the document was issued; and
2. A photograph of the individual to whom the document was issued;
(19)"Sponsor" means the person or entity paying for the electioneering communication.
If a person or entity acts as an agent for another or is reimbursed by another for the
payment, the original source of the payment is the sponsor;
(a)1. "Synthetic media" means an audio recording or video recording of an
identifiable natural individual's appearance, action, or speech that has
been intentionally manipulated with the use of generative adversarial
network techniques in a manner to create a realistic but false audio or
video that produces:
a. A depiction that, to a reasonable individual, is of an identifiable
natural individual in appearance, action, or speech that did not
actually occur in reality and that was created without the consent
of such individual; and
b. A fundamentally different understanding or impression of the
appearance, action, or speech than a reasonable person would have
from the unaltered, original version of the audio recording or video
recording.
2. As used in this paragraph:
a. "Generative adversarial network" means a machine learning model
that uses neural networks to develop new data and make more
accurate predictions; and
b. "Neural network" means a machine learning algorithm modeled on
the human brain and nervous system.
(b)"Synthetic media" does not include content that contains a disclosure under
KRS 117.322(1).
(21)"Voting booth" or "ballot completion area" means an area in which a voter casts his
or her vote or completes his or her ballot which is designed to ensure the secrecy of
the vote;
(22)"Vote center" means a consolidated precinct of the county;
(23)"Voting equipment" means any physical component of a voting system and
includes voting machines where voting machines are in operation;
(24)"Voting machine" or "machine":
(a)Means a part of a voting system that consists of one
(1)or more electronic
devices that operate independently or as a combination of a ballot marking
device and an electronic or automatic vote tabulation device; and
(b)Does not include an e-poll book;
(25)"Voting system":
(a)Means the total combination of physical, mechanical, electromechanical, or
electronic equipment, including the software, hardware, firmware, and
documentation required to program, control, and support that equipment, that
is used to:
1. Define ballots;
2. Cast and count votes;
3. Report or display election results; and
4. Maintain and produce any audit trail information;
(b)Includes the practices and associated documentation used to:
1. Identify system components and versions of those components;
2. Test the system during its development and maintenance;
3. Maintain records of system errors and defects;
4. Determine specific system changes to be made to a system after the
initial qualification of the system;
5. Make available any materials to the voter, such as notices, instructions,
forms, or paper ballots; and
(c)Does not include an e-poll book; and
(26)"Voter-verified paper audit trail" means a contemporaneous paper record of a ballot
printed for the voter to confirm his or her votes before the voter casts his or her
ballot that:
(a)Allows the voter to verify the voter's ballot choices before the casting of the
voter's ballot;
(b)Is not retained by the voter;
(c)Does not contain individual voter information;
(d)Is produced on paper that is sturdy, clean, and resistant to degradation; and
(e)Is readable in a manner that makes the voter's ballot choices obvious to the
voter or any person without the use of computer or electronic code.