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Code · Kentucky · Chapter 117 — Regulation of elections

117.245 Procedure when voter's right to vote disputed.

272 words·~1 min read·/ky/chapter-117/117-245

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The fact that a person is registered constitutes only prima facie evidence of his or
her right to vote and does not prevent the officers of any election from refusing to
allow him or her to vote for cause.
(2)When the officers of an election disagree as to the qualifications of a voter or if his
or her right to vote is disputed by a challenger, other than for failure to provide
proof of identification as defined in KRS 117.001, the voter shall sign a written oath
as to his or her qualifications before he or she is permitted to vote. The oath shall be
in such form prescribed and furnished by the State Board of Elections pursuant to
administrative regulations promulgated under KRS Chapter 13A. Twenty
printed copies of these oaths shall be included in the election supplies of each
precinct.
(3)The subscribed oaths shall be returned to the county clerk who shall deliver them to
the Commonwealth's attorney.
(4)The Commonwealth's attorney and county attorney shall investigate each of the
oaths and cause to be summoned before the grand jury the witnesses they or either
of them, deem proper, and the grand jury shall make a thorough investigation of all
votes so cast, and return indictments against all persons illegally voting. The
foreman of the grand jury shall return to the county clerk all of the oaths upon
which no indictments are found. The county clerk shall safely keep them as a part of
the records of his or her office, and shall produce any or all of them, when required,
to any subsequent grand jury.
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