SB 2 — AN ACT relating to voter identification and making an appropriation therefor.

KRS 117.077 is amended to read as follows:

(1) In case of a medical emergency within fourteen (14) days or less of an election, a registered voter and the registered voter's spouse may apply for an absentee ballot.

The application shall state that the emergency condition occurred within the fourteen (14) day period.

The application shall be notarized and accompanied by a copy of the voter's proof of identification.

The application form may be requested by and delivered by the voter or the spouse, parents, or children of the voter.

If the voter has no spouse, parents, or children, the application form may be requested by and delivered by the brother, sister, niece, nephew, or designee of the voter.

The application form shall be restricted to the use of the voter.

Upon receipt of the application, a copy of the voter's proof of identification, and verification in accordance with this chapter, the county clerk shall issue an absentee ballot.

(2) If the voter does not submit a copy of his or her proof of identification, and the voter otherwise qualifies to receive an absentee ballot by mail, the county clerk Page 5 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 shall mail to the voter a provisional absentee ballot and the provisional voter's affidavit described in Section 1 of this Act, two (2) official envelopes for returning the ballot and affidavit, and instructions for voting a provisional absentee ballot, which shall include the requirement that the affidavit be notarized.

Section 6.

TheExcept as otherwise provided in KRS 117.077, the mail-in absentee ballot application may be requested by the voter or the spouse, Page 5 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO parents, or children of the voter, but shall be restricted to the use of the voter.

(a) AExcept as otherwise provided in KRS 117.077, a qualified voter may apply to cast his or her vote by mail-in absentee ballot if the completed application is received not later than the close of business hours seven (7) days before the election, and if the voter is:

Page 6 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 5.

or Page 6 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO 8.

A county board of elections may permit in-person absentee voting to be conducted on a voting machine for a period Page 7 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 longer than the twelve (12) working days before the election.

(d) A qualified voter may, at any time during normal business hours on those days in-person absentee voting is conducted in the county clerk's office, make application in person to the county clerk to vote on a voting machine in the county clerk's office or other place designated by the county board of elections and approved by the State Board of Elections, if the voter provides proof of identification as defined in Section 23 of this Act or meets the requirements of Section 1 or 2 of this Act, and the voter:

Is a resident of Kentucky who is a covered voter as defined in KRS 117A.010, who will be absent from the county of his or her residence on Page 7 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO any election day;

Has not been declared mentally disabled by a court of competent jurisdiction and, on account of age, disability, or illness, is not able to Page 8 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 appear at the polls on election day;

(e) Voters who change their place of residence to a different state while the registration books are closed in the new state of residence before a presidential election shall be permitted to cast an in-person absentee ballot for President and Vice President only, by making application in person to the county clerk Page 8 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO to vote on a voting machine in the county clerk's office or other place designated by the county board of elections and approved by the State Board of Elections, up to the close of normal business hours on the day before the election.

If an alternate precinct election officer or a precinct election officer appointed to serve in a precinct other than that in which he or she is registered receives his or her appointment while in-person absentee voting is being conducted in the county, the officer may vote on a voting machine in the county clerk's office or other place designated by the county Page 9 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 board of elections, and approved by the State Board of Elections, up to the close of normal business hours on the day before the election.

(g) The members of the county board of elections or their designees who provide equal representation of both political parties may serve as precinct election officers, without compensation, for all in-person absentee voting performed on a voting machine in the county clerk's office or other place designated by Page 9 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO the county board of elections and approved by the State Board of Elections.

The mail-in absentee ballot application form shall be in the form prescribed by the State Board of Elections, which shall include the voter affirmation form as prescribed in subsection (1)(c) of Section 1 of this Act, shall bear the seal of the county clerk, and shall contain the following information:

name, residential address, precinct, Page 10 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 party affiliation, statement of the reason the person cannot vote in person on election day, statement of where the voter shall be on election day, statement of compliance with residency requirements for voting in the precinct, an instructional statement prescribing the requirements for providing a copy of the voter's proof of identification or voter affirmation when applicable, and the voter's mailing address for a mail-in absentee ballot.

The mail-in absentee ballot application form shall be verified and signed by the voter, and the voter shall submitPage 10 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO provide a copy of his or her proof of identificationidentification, withas defined in Section 23 of this Act, or the application.executed voter affirmation as described in subsection (1)(c) of Section 1 of this Act.

(b) IfThe the voter does not submit a copy of his or her proof of identification, and the voter otherwise qualifies to receive an absentee ballot by mail, the county clerk shall mailcomplete to the voter a provisionalpostal absenteeform ballotfor anda thecertificate provisional voter's affidavit described in Section 1 of thismailing Act,for twomail-in (2)absentee officialballots envelopesmailed forwithin returning the ballotfifty and(50) affidavit,states, and instructionsit forshall votingbe astamped provisionalby absenteethe ballot,postal whichservice shallwhen include the requirementmail-in thatabsentee theballots affidavitare bemailed. notarized.

(c)A Themail-in countyabsentee clerkballot shallmay completebe atransmitted postalby formfacsimile formachine aor certificateby of mailing for mail-in absentee ballots mailed within the fiftyelectronic (50)transmission states,system andestablished itunder shallKRS be117A.030(4) stampedto bya thecovered postalvoter serviceas whendefined thein mail-inKRS absentee117A.010. ballots are mailed.

AThe mail-incovered absenteevoter ballotshall orbe provisionalnotified of the options for transmittal of the mail-in absentee ballotballot, and affidavitthe maymail-in absentee ballot shall be transmitted by facsimilethe machinemethod orchosen for receipt by the electronicresident transmissionof systemKentucky establishedwho underis KRS 117A.030(4) to a covered votervoter. as defined in KRS 117A.010.

The(4) coveredMail-in voterabsentee shallballots bewhich notifiedare ofrequested theprior optionsto forthe transmittalprinting of Pagethe 11mail-in ofabsentee 60ballots XXXXshall Jacketedbe UNOFFICIALmailed COPYor 20otherwise RStransmitted BRas 1168provided thein mail-insubsection absentee(3) ballot,of andthis thesection mail-inby absenteethe ballotcounty shallclerk beto transmitted by the methodvoter chosenwithin forthree receipt(3) bydays of the residentreceipt of Kentuckythe whoprinted isballots. a covered voter.

(4) Mail-in absentee ballots or provisional absentee ballots which are requested priorafter to the printingreceipt of the mail-inballots absenteeby ballotsthe county clerk shall be mailed or otherwise transmitted as provided in subsection (3) of this section by the county clerk to the voter within three (3) days of the receipt of the printedrequest. ballots.

Mail-in(5) absenteeThe ballotscounty orclerk provisionalshall cause mail-in absentee ballots requestedto afterbe theprinted receiptfifty of(50) thedays ballotsprior byto theeach countyprimary clerkor shallregular beelection, mailedand orforty-five otherwise(45) transmitteddays asprior providedto ina subsectionspecial (3)Page 11 of this57 sectionSB000290.100 to- the1168 voter- withinXXXX threeVetoed (3)and daysOverriden ofUNOFFICIAL theCOPY receipt20 ofRS theSB request.2/VO election.

(5)(6) The outer envelope shall bear the words "Absentee Ballot" and the address and official title of the county clerk and shall causeprovide mail-inspace absenteefor ballotsthe tovoter's besignature, printedvoting fiftyaddress, (50)precinct daysnumber, priorand tosignatures eachof primarytwo or(2) regularwitnesses election,if andthe forty-fivevoter (45)signs daysthe priorform towith the use of a specialmark election.instead of the voter's signature.

(6)A Thedetachable outerflap envelopeon shall bear the wordssecrecy[inner] "Absenteeenvelope Ballot" or "Provisional Absentee Ballot" and the address and official title of the county clerk and shall provide space for the voter's signature, voting address, precinct number, and signatures of two (2) witnesses if the voter signs the form with the use of a mark instead of the voter's signature.signature and notice of penalty provided in KRS 117.995(5).

AThe provisionalcounty voterclerk affidavit shall betype includedthe withvoter's aaddress provisionaland absenteeprecinct ballot.number in the upper left hand corner of the outer envelope and of the detachable flap on the secrecy[inner] envelope immediately below the blank space for the voter's signature.

AThe detachablesecrecy[inner] flap on the inner envelope shall providebe spaceblank. for the voter's signature, voting address, precinct number, signatures of two (2) witnesses if the voter signs the form with the use of a mark instead of the voter's signature and notice of penalty provided in KRS 117.995(5).

The county clerk shall typeretain the voter's addressmail-in andballot precinctapplication numberform, inwhich shall include the upperphotographed leftcopy handof cornerthe voter's proof of identification or the outervoter envelopeaffirmation andas prescribed by subsection (1)(c) of theSection detachable1 flapof onthis Act, and the innerpostal envelopeform immediatelyrequired belowby thesubsection blank(3) spaceof this section for twenty-two (22) months after the voter'sprimary signature.or election.

The(7) innerAny envelopeperson shallwho has received a mail-in absentee ballot by mail but who knows at least seven (7) days before the date of the election that he or she will be blank.in his or her county of residence on election day and who has not voted pursuant to the provisions of KRS 117.086 shall cancel his or her mail-in absentee ballot and vote in person.

The countyvoter clerk shall retainreturn the mail-in absentee ballot applicationto form and the postalcounty formclerk's requiredoffice byno subsectionlater (3)than ofseven this(7) sectiondays forprior twenty-twoto (22) months after the Pagedate 12 of 60the XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 election.

(7)Upon Anythe personreturn whoof hasthe received a mail-in absentee ballotballot, orthe acounty provisionalclerk absenteeshall ballotmark byon mailthe butouter whoenvelope knowsof atthe leastsealed sevenballot (7)or days before the dateunmarked ofballot the electionwords that"Canceled hebecause orvoter sheappeared willto bevote in hisperson." orSealed herenvelopes countyso ofmarked residenceshall on election day and who has not votedbe pursuantopened. to the provisions of KRS 117.086 shall cancel his or her mail-in absentee ballot or provisional absentee ballot and vote in person.

The votercounty clerk shall returnremove the mail-invoter's absenteename ballotfrom orthe provisionallist absenteeof ballotpersons towho thewere countysent clerk'sPage office12 noof later57 thanSB000290.100 seven- (7)1168 days- priorXXXX toVetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO mail-in absentee ballots, and the datevoter ofmay vote in the election.precinct in which he or she is properly registered.

Upon(8) theAny returnvoter ofqualified thefor a mail-in absentee ballot orwho provisionaldoes absenteenot ballot,receive thea countyrequested clerkmail-in shallabsentee markballot onwithin thea outerreasonable envelopeamount of thetime sealedshall ballotcontact or the unmarkedcounty ballotclerk, thewho wordsshall "Canceledreissue becausea votersecond appearedmail-in toabsentee voteballot. in person." Sealed envelopes so marked shall not be opened.

The county clerk shall removekeep a record of the voter'smail-in nameabsentee fromballots theissued listand ofreturned personsby whomail,[ wereand] sentthe mail-inin-person absentee ballotsvoting orand federal in-person provisional absentee ballots,voting that is performed on the voting machine in the county clerk's office or other place designated by the county board of elections and approved by the voterState mayBoard voteof inElections, to verify that only the precinctfirst invoted whichballot heto orbe shereturned isby properlythe registered.voter is counted.

(8)Upon Anythe voterreturn qualifiedof forany a mail-in absentee ballot orafter provisionalthe first mail-in absentee ballot whois doesreturned, notthe receivecounty aclerk requestedshall mark on the outer envelope of the sealed ballot the words "Canceled because ballot reissued." (9) Any covered voter as defined in KRS 117A.010 who has received a mail-in absentee ballot withinbut awho reasonableknows amountthat ofhe timeor shallshe contactwill be in the county clerk,on election day and who has not voted pursuant to the provisions of KRS 117.086 shall reissuecancel ahis secondor her mail-in absentee ballot.ballot and vote in person.

The county clerk shall keep a record of the mail-in absentee ballots and provisional absentee ballots issued and returned by mail,[ and] the in-person absentee voting that is performed on the voting machine in the county clerk's office or other place designated by the county board of elections and approved by the State Board of Elections, and the provisional voting allowed under subsection (2)(c) of Section 8 of this Act, to verify that only the first voted ballot to be returned by the voter is counted.

Upon the return of any ballot after the first ballot is returned, the county clerk shall mark on the outer envelope of the sealed ballot the words "Canceled because ballot reissued." Page 13 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 (9) Any covered voter as defined in KRS 117A.010 who has received a mail-in absentee ballot but who knows that he or she will be in the county on election day and who has not voted pursuant to the provisions of KRS 117.086 shall cancel his or her mail-in absentee ballot and vote in person.

The county clerk shall remove the voter's name from the list of persons who were sent mail-in absentee ballots, provide the voter with written Page 13 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO authorization to vote at the precinct, and the voter may vote in the precinct in which he or she is properly registered.

Section 7.6.

Absentee ballots and federal provisional absentee ballots cast, as absentee ballots and federal provisional absentee ballots are provided by KRS 117.077117.077, andKRS[ and] 117.085, and Section 2 of this Act shall all be tabulated in the same manner, as shall be provided by this chapter.

Page 14 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 Section 8.7.

(1) (a) The voter returning his or her absentee ballot by mail shall mark his or her ballot, seal it in the innersecrecy[inner] envelopeenvelope, and then inseal[in] the outer envelope, and mail it to the county clerk as[ shall be] provided in[by] this chapter.

(b) The voter returning his or her provisional absentee ballot by mail shall marksign his or her provisional absentee ballot, seal it in the innerdetachable envelopeflap and then in the outer envelope along with a notarized provisional voter affidavit described in Sectionorder 1 of this Act, and mail it to validate the countyballot. clerk as provided in this chapter.

(c) The voter shall sign the detachable flap and the outer envelope in order to validate the ballot.

A resident of Kentucky who is a covered voter as defined in KRS 117A.010 who has received an absentee ballot ortransmitted provisionalPage absentee14 ballotof 57 SB000290.100 - 1168 - XXXX Vetoed and notarizedOverriden provisionalUNOFFICIAL voterCOPY affidavit20 transmittedRS SB 2/VO by facsimile machine or by means of the electronic transmission system established under KRS 117A.030(4) shall transmit the voted ballot and notarized provisional voter affidavit, if applicable, to the county clerk by mail only, conforming with ballot security requirements that may be promulgated by the State Board of Elections[state board] by administrative regulation under KRS Chapter 13A.

Page 15 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 (2) Any voter who shall be absent from the county on election day, but who does not qualify to receive ana absenteemail-in[an] ballot or provisional absentee ballotballot[ by mailmail] under the provisions of KRS 117.085, and all voters qualified to vote prior to the election under the provisions of KRS 117.085, shall vote at the main office of the county clerk or other place designated by the county board of elections, and approved by the State Board of Elections, prior to the day of election.

The county clerk may provide for such voting on[by]by the voting equipment in general use in the county,county either at the precinctprecinct, the equipment as may be used to tabulate absentee ballots, or inany other voting equipment approved by the officeState Board of theElections countyfor clerk.use in Kentucky, except as follows:

This[,(a) the]Any equipment[voter as]qualifying mayto bevote usedin tothe tabulatecounty absenteeclerk's ballotsoffice or provisionalother absenteeplace ballots,designated asby may[or]the anycounty otherboard votingof equipmentelections, and approved by the State Board of ElectionsElections, forwho usereceives assistance to vote shall complete the voter assistance form required by KRS 117.255;[.] (b) Any voter qualifying to vote in Kentucky,the exceptcounty asclerk's follows:office or other place designated by the county board of elections, and approved by the State Board of Elections, whose qualifications are challenged on grounds other than inability to provide proof of identification by any clerk or deputy shall Page 15 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO complete an "Oath of Voter" affidavit;

(a)and (c) Any voter qualifying to vote in the county clerk's office or other place designated by the county board of elections,elections and approved by the State Board of Elections, who receivesis assistanceunable to voteprovide shallproof completeof theidentification voteras assistancedefined formin requiredSection by23 KRSof 117.255;[.]this (b)Act, Anymay votercast qualifyingan toin-person voteabsentee inballot the county clerk's office or otherfederal placeprovisional designatedin-person byabsentee theballot countyin boardaccordance ofwith elections,Section and1 approved by the State Board of Elections, whose qualifications are challenged by any clerk or deputy2 shall complete an "Oath of Voter"this affidavit;Act.

and (c) Any voter qualifying to vote in the county clerk's office or other place designated by the county board of elections and approved by the State Board of Elections, who is unable to provide proof of identification, may cast a provisional ballot under the procedures set out in Section 1 of this Act.

Provisional ballots and accompanying provisional voter affidavits shall be kept in a separate ballot box marked as containing provisional ballots under this paragraph.

Any voter casting a provisional absentee ballot under this paragraph shall sign a "Provisional Absentee Ballot Signature Roster" and Page 16 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 his or her affidavit shall be attached to his or her provisional absentee ballot.

(6) The county clerk shall deposit all of the absenteemail-in ballots and provisional absentee ballotsballots[ returned by mailmail] in separate[a]a locked ballot boxes[box]box immediately upon receipt without opening the outer envelope.

The ballot boxes[box]box shall be locked with three (3) locks.

The keys to the boxes[box]box shall be retained by the three (3) members of the central absentee ballot counting board, if one is appointed, or by the members of the board of elections, and the boxes[box]box shall remain locked until the ballots are counted.

All voting equipment on which Page 16 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO ballots are cast as permitted in subsection (2) of this section shall also remain locked and the keys shall be retained by the three (3) members of the central absentee ballot counting board, if one is appointed, or by the members of the board of elections, and the equipment shall remain locked until the ballots are counted.

Page 17 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 (7) The county clerk shall keep separate lists[a list] for each election of all persons who:

(a) Return their absentee ballots by mailmail;[ or who] (b) Cast their absenteeballots ballots;in the county clerk's office or other place designated by the county board of elections and approved by the State Board of Elections;

(b)and Return by mail their provisional absentee ballots;[or who] (c) Cast their ballotsfederal inprovisional thein-person countyabsentee clerk'sballots officeunder orsubsection other(2)(c) place designated by the county board of electionsthis andsection. approved by the State Board of Elections;

andThe (d)county Castclerk[, theirand] provisionalshall ballotssend undera subsectioncopy (2)(c)of each list to the State Board of thisElections[state section.board] after any primary or[the] election day[ for which the list applies].

TheNotwithstanding countythe clerk[,provisions and]of shallthe sendKentucky aOpen copyRecords ofAct, KRS 61.870 to 61.884, each list toof all persons who return their absentee ballots by mail or who cast their ballots in the Stateclerk's Boardoffice or other designated and approved place shall not be made public until after the close of Elections[statebusiness board]hours after[on the]the electionprimary day,or and[election day for which the list applies.

NotwithstandingThe the provisions of the Kentucky Open Records Act, KRS 61.870 to 61.884, each list of all persons who return their absentee ballots by mail or cast their ballots in the clerk's office or other designated and approved place shall not be made public until after the close of business hours on the election day for which the list applies.] the county clerk and the Secretary of State shall keep a record of the number of votes cast by each method listed in paragraphs (a) to (d)(c) of this subsection[absentee ballots returned by mail and cast on the voting machine in the county clerk's office or other place designated by the county board of elections and approved by the State Board of Elections], which are cast in any primary or election as a part of the official returns of the primary or election.

(8) The county board of elections shall report to the State Board of Elections within ten (10) days after any primary or regular[general] election as to the number of rejected absentee ballots, including rejected provisionalmail-in absentee ballots and ballots cast under Page 17 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO subsection (2)(c)(2) of this section, and the reasons for rejecting the[rejected absentee] ballots on a form prescribed and furnished by the State Board of Elections in administrative regulations promulgated under KRS Chapter 13A.

Section 9.8.

(1) Except for those voters who have been certified as requiring assistance in voting on Page 18 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 a permanent or annual basis, any person voting by means of ana[an] absenteemail-in ballot or a provisional absentee ballotballot[ by mailmail] or on the voting machine in the county clerk's office or other place designated by the county board of elections, and approved by the State Board of Elections, as provided in this chapter who receives assistance in voting shall be required to complete the voter assistance form required by KRS 117.255.

(2) Any person who assists another person in voting by use of an absenteemail-in ballot or a provisional absentee ballotballot[ by mailmail] or on a voting machine in the county clerk's office or other place designated by the county board of elections, and approved by the State Board of Elections, shall complete the voter assistance form required by KRS 117.255.

(3) The detachable flap on all absenteemail-in ballot and provisional absentee ballot envelopes shall have printed upon it the voter assistance form required by KRS 117.255, as well as a notice of the penalty for failure to complete the form.

Section 10.9.

Any person who aids another in completing an absentee ballot or a federal provisional absentee ballot shall not solicit or encourage that person to vote for or against any candidate, party, or issue.

Section 11.10.

(1) The challenge of an absentee ballot returned by mail shall be in writing and in the Page 18 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO hands of the county clerk before 8 a.m.

(2) The county board of elections shall count the absentee ballots returned by mail and the votes cast on the voting machine in the county clerk's office or other place designated by the county board of elections and approved by the State Board of Page 19 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 Elections.

Federal provisional in-person absentee ballots shall be processed in accordance with Section 2 of this Act.

The chair[chairman] of the county board of elections shall compare the signatures on the outer envelopeenvelope,[ andand] the detachable flap with the signature of the voter that appears on the registration card.

If the outer envelope and the detachable flap are found to be in order, the chair[chairman] shall read aloud Page 19 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO the name of the voter.

If the vote of the voter is not rejected on a challenge then made as provided in subsection (4) of this section, the chair[chairman] shall remove the detachable flap and place the innersecrecy[inner] envelope unopened in a ballot box which has been provided for the purpose.

(4) When the name of a voter who cast ana mail-in absentee ballot[an absentee ballot by mailmail] is read aloud by the Page 20 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 chair[chairman], the vote of the voter may be challenged by any board member or by the written challenge provided in subsection (1) of this section and the challenge may be determined and the vote accepted or rejected by the board as if the voter was present and voting in person;

but if the outer envelope and the detachable flap are regular, and each substantially comply with the provisions of this chapter, they shall be considered as showing that the voter is prima facie entitled to vote.

If the vote of a voter is rejected pursuant to the challenge, the innersecrecy[inner] envelope shall not be opened, but returned to the outer envelope upon which the chair[chairman] shall write on the envelope the word "rejected." (5) After the challenges have been made and all the blank innersecrecy[inner] envelopes have been placed in a ballot box, the box shall be thoroughly shaken to redistribute the absentee ballots in the box.

The board shall open the ballot box, remove the absentee ballots from the innersecrecy[inner] envelopes, and count the ballots.

(7) The county board of elections, the county clerk, and all individuals permitted to be present for the counting of absentee ballots pursuant to subsection (2) of this section shall not make public the absentee ballot results determined as provided in this Page 20 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO section until after 6 p.m.

(8)Section Subsections11. (1) to (7) of this section shall not apply to provisional absentee ballots or provisional ballots cast under subsection (2)(c) of Section 8 of this Act.

Provisional absentee ballots and provisional ballots cast under subsection (2)(c) of Section 8 of this Act shall be processed in accordance with Section 1 of this Act.

Page 21 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 Section 12.

(2) Each county clerk shall have printed a sufficient number of paper absentee ballots, provisionalvoter absenteeaffirmations, ballots, and provisionalelection voterofficial affidavits.affirmations.

The provisionalvoter absenteeaffirmation, ballotif withapplicable, the provisional voter affidavit, and the absentee ballot shall be used for voting by absent voters;

The provisional absentee ballot stubs shall indicatebe thatconsecutively numbered and the ballotcounty isboard shall keep a provisionalrecord, by number, of all absentee ballot.ballots used for any of the purposes listed in this subsection[herein].

The(3) provisionalEach absentee ballot stubs and the paper absentee ballot stubs shall each be consecutively numbered, and the county boardclerk shall keephave printed a record,sufficient bynumber number, of allfederal provisional absenteeballots, ballotswhich, andexcept allfor paperthe absenteecandidates ballotslisted, usedshall forhave any of the purposessame listedform inas thisthe subsection[herein].absentee ballots.

(3)A Eachfederal county clerk shall have printed a sufficient number of provisional ballots,ballot which shall haveindicate thethat same form as the absenteeballot ballots,is anda federal provisional voterballot. affidavits described in Section 1 of this Act.

AThe federal provisional ballot stubs shall indicatebe thatconsecutively numbered, and the ballotcounty isboard of elections shall keep a record, by number, of all federal provisional ballotballots andused notfor anvotes absenteecast ballot.by provisional voters in federal elections.

The(4)[(3)] provisionalNo ballotlater stubsthan shallthe beFriday consecutivelypreceding numbered,a andspecial or regular election, the county boardPage 21 of elections57 shallSB000290.100 keep- a1168 record,- byXXXX number,Vetoed ofand allOverriden provisionalUNOFFICIAL ballotsCOPY used20 forRS votesSB cast2/VO byclerk Pageshall 22equip ofthe 60voting XXXXmachines Jacketedwith UNOFFICIALthe COPYnecessary 20supplies RSfor BRthe 1168purpose provisionalof voters.write-in votes.

(4)[(3)] No later than the Friday preceding a special or regular election, the county clerk shall equip the voting machines with the necessary supplies for the purpose of write-in votes.

Section 13.12.

For federal provisional ballots and[If] supplemental paper ballots, if[ have been] approved[,] as provided in KRS 118.215, the instruction cards shall indicate the offices, candidates, and questions which will appear on the provisional ballots and supplemental paper ballots, the offices that will appear on the federal provisional ballot, [and ]the instructions for marking and depositing the supplemental paper ballots, and instructions for filling out the federal provisional ballotballot, and provisionalinstructions voteron affidavithow describedto inproperly Sectionexecute 1the ofvoter thisaffirmations. Act.

Section 14.13.

Page 23 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 (1) The State Board of Elections shall regularly provide special training regarding the Page 22 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO election laws and methods of enforcement to all members of county boards of elections, county attorneys, Commonwealth's attorneys, and certain members of the Department of Kentucky State Police.

Page 24 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 (n) Election reports;

Page 23 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO (o) Disability awareness;

(p) Provisional voting process;and provisional absentee voting[process];

Section 15.14.

(3) For federal provisional ballots, and[If] supplemental paper ballots if[ have been] approved as provided in KRS 118.215, the county clerk shall, at least one (1) hour prior to the opening of the polls, deliver:

(a) A sufficient number of provisional ballots, and supplemental paper ballots if Pageapproved, 25for the registered voters of 60each XXXXprecinct;[,] JacketedPage UNOFFICIAL24 COPYof 2057 RSSB000290.100 BR- 1168 approved,- forXXXX theVetoed registeredand votersOverriden ofUNOFFICIAL eachCOPY precinct,20 RS SB 2/VO (b) A sufficient number of voting booths for voting federal provisional ballots, and supplemental paper ballots[,] if approved;

(c) A sufficient amount of string and[,] rubber stamps for marking "Spoiled" and "Unused" ballots;[ and] (d) A locked ballot box or receptacle for federal provisional ballots, and a separate locked ballot box for supplemental paper ballots if approved, for each precinct;

and (e) A sufficient number of federal provisional voter affidavitsballots, describedvoter inaffirmations, Sectionand 1election ofofficial thisaffirmations. Act.

The county clerk shall take a receipt for the number of federal provisional ballots, and supplemental paper ballots if approved, issued and the ballot boxes[box] or ballot receptacles for each precinct.

The county clerk shall retain the keys to all ballot boxes.boxes and ballot receptacles.

Section 16.15.

(1) Any person desiring to vote on election day shall give his or her name and address to the[the clerk of the]the election clerk and shall provide proof of identification.identification as defined in Section 23 of this Act.

(2) IfA thevoter voter'swho namevotes isin listedperson onat thea precinct listpolling furnishedplace bythat theis Statelocated Boardat ofa Electionsstate aslicensed providedcare infacility KRSwhere 117.025, but the voter resides is unablenot required to produceprovide proof of identification, theas voterdefined mayin vote a provisional ballot under Section 123 of this ActAct, asbefore voting in a provisionalprimary voter.or an election.

(3) AIf voterthe whovoter's[person's] votesname inis personlisted aton athe precinct pollinglist placefurnished thatby isthe locatedState atBoard aof stateElections licensedas careprovided facilityin whereKRS 117.025, the voter residesprovides proof of identification, the voter is notexempt requiredpursuant to providesubsection proof(3) of identificationthis beforesection, votingor the voter otherwise satisfies the requirements of Section 1 of this Act, and if no challenge is made, then he or she shall sign his or her name on the precinct list in anthe election.space opposite his or her printed name.

(4)The Ifvoter's thesignature voter's[person's]shall nameconstitute is listed on the precinctPage list25 furnished by the State Board of Elections57 asSB000290.100 provided- in1168 KRS- 117.025,XXXX theVetoed voter provides proof of identification or is exempt pursuant to subsection (3) of this section, and ifOverriden noUNOFFICIAL challengeCOPY is20 made,RS thenSB he2/VO orvoter's[his] sheverification shallthat sign his or her name on the precinctvoter[he] listis ina theproperly spaceregistered oppositeand hisqualified orvoter. her printed name.

[TheThe voter'svoter signature shall constitutethen Pageretire 26alone ofto 60cast XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 his verificationor thather hevote ison athe properlyvoting registeredmachine. and qualified voter.

]The voter shall then retire alone to cast his or her vote on the voting machine.

(5)[(2)](4)[(2)] If supplemental paper ballots are used, as provided in KRS 118.215, after voting on the voting machine the voter shall take the supplemental paper ballot with the stub intact and retire alone to the voting booth provided for voting paper ballots.

After voting the supplemental paper ballot, the voter shall remove the numbered stub, hand the stub to an election officialofficer[official] and deposit the voted ballot in the locked supplemental paper ballot box in the presence of a precinct election officials.officer.

Section 17.16.

ElectionExcept as otherwise provided, election officers shall confirm the identity of each voter by proof of identification as defined in Section 2423 of this Act[personal acquaintance or by a document, such as a motor vehicle operator's license, Social Security card, any identification card that has been issued by the county and which has been approved in writing by the State Board of Elections, any identification card with picture and signature, any United States government-issued identification card, any Kentucky state government-issuedgovernment- issued identification card with picture, or credit card].

Section 18.17.

(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 challengerchallenger, other than for failure to provide proofPage 26 of identification,57 theSB000290.100 voter- shall1168 sign- aXXXX writtenVetoed oathand asOverriden toUNOFFICIAL hisCOPY or20 herRS PageSB 272/VO proof of 60identification XXXXas Jacketeddefined UNOFFICIALin COPYSection 2023 RSof BRthis 1168Act, 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 as prescribed and furnished[as prescribed] by the State Board of Elections andpursuant twentyto administrative regulations promulgated under KRS Chapter 13A.[and] Twenty (20) printed copies of these oaths shall be included in the election supplies of each precinct.

Section 19.18.

(2) Except for those voters who have been certified as requiring assistance on a permanent basis, no voter shall be permitted to receive any assistance in voting at the polls unless hethe orvoter[he] she makes and signs an oath that, because of blindness, other physical disability, or an inability to read English, hethe orvoter[he] she is unable to vote without assistance.

The oath shall be upon a voter assistance form prescribed and furnished by the State Board of Elections.Elections pursuant to administrative regulations promulgated under KRS Chapter 13A.

Page 27 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO (3) Upon making and filing the oath with the precinct clerk, the voter requiring assistance shall retire to the voting machine 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, operate the machine or complete the ballot as the voter directs.

A Page 28 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 voter requiring assistance in voting may, if hethe orvoter[he] she prefers, be assisted by a person of histhe orvoter's[his] her 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.

The voter Page 28 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO shall state in his or her oath the specific reason that requires him or her to receive assistance.

(7) No voter shall be permitted to occupy the voting machine more than two (2) minutes if other voters are waiting to use it, except that those voters who because of Page 29 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 a disability need extra time to cast a ballot shall be given a reasonable amount of time to vote.

(11) 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 ballot, the voter[he] shall return the spoiled paper ballot to an election officialofficer[official] who shall stamp the ballot "Spoiled," initial and place the spoiled 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 ballot, hand the stub to an election officialofficer[official] and deposit the voted ballot in the appropriate locked ballot box or locked receptacle in the presence of precinctan[ precinct] election officials.officer[officials].

Section 20.19.

Page 29 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO (1) A voter may, at any regular or special election, cast a write-in vote for any person qualified as provided in subsection (2) or (3) of this section, whose name does not appear upon the ballot label for any office, by writing the name of his or her choice upon the appropriate device for the office being voted on provided on the voting machine as required by KRS 117.125.

Any candidate for city, county, urban-county, Page 30 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 consolidated local government, charter county government, or unified local government office who is defeated in a partisan or nonpartisan primary shall be ineligible as a candidate for the same office in the regular election.

Any voter utilizing a federal provisional ballot, a federal provisional in-person absentee ballot, or ana[an] mail-in absentee ballot for a regular or special election may write in a vote for any eligible person whose name does not appear upon the ballot, by writing the name of his or her choice under the office.

or (b) If his or her name appears upon the ballot label for any office, except that the Page 30 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO candidate may file a notice of withdrawal prior to filing an intent to be a write- in candidate for office when a vacancy in a different office occurs because of:

or Page 31 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 4.

Section 21.20.

(2) As soon as the polls are closed, and the last voter has voted, the judges shall Page 31 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO immediately lock and seal the voting equipment so that the voting and counting mechanism will be prevented from operation, and they shall sign a certificate stating:

Page 32 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 (c) The number registered on the protective or accumulative counter or device, if any;

(5) If any officer shall decline to sign the return sheets, he or she shall state the reason Page 32 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO in writing, and a copy thereof, signed by the officer, shall be enclosed with the return sheets.

One (1) copy of the return sheets, if applicable, one (1) copy of the record of the voting equipment, and the write-in roll, if any write-in Page 33 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 votes were cast in the precinct, shall be directed to the county board of elections of the county in which the election is being held.

(7) Following the tabulation of all votes cast in the election, including absentee votes,votes provisional absentee votes, and write-in votes, the county board shall mail a copy of the precinct-by-precinct summary of the tabulation sheets showing the results from each precinct to the State Board of Elections and the county clerk shall mail or deliver the precinct signature rosters from each precinct to the State Board of Elections during the period established by KRS 117.355(3).

(8) As soon as possible after the completion of the count, the two (2) judges shall return to the county board of elections the keys to the voting machine received and Page 33 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO receipted for by them, and the county clerk in which the precinct is located shall have the voting machine properly boxed or securely covered and removed to a proper and secure place of storage.

(9) In primaries, each candidate, slate of candidates, or group of candidates may designate to the county board of elections a representative to witness and check the Page 34 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 vote count.

(10) For all federal provisional ballotsballots, if applicable, and[If] supplemental paper ballots,ballots if[ have been] approved[,] as provided in KRS 118.215, after the polls are closed, the two (2) judges shall return to the county clerk's office the locked federal provisional ballot boxreceptacle and the supplemental paper ballot box, all ballot stubs, spoiled ballots, and unvoted ballots at the same time as the tabulation of votes from the voting machine is delivered.

The county clerk shall issue a receipt for the number of ballot stubs, unvoted ballots, spoiled ballots, and the ballot boxes[box].boxes[box] or ballot receptacle.

(12) FollowingThe the period for verification of provisional ballots established in Section 2 of this Act, the county board of elections shall tabulate the provisional ballots the board has found to be valid infederal theprovisional same manner as for supplemental paper ballots.

The county board shall mail a copy of the precinct-by-precinct summary of the valid federal provisional ballot Page 34 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO tabulation sheets showing the results from each precinct to the State Board of Elections.

(13)[(12)] The county board of elections shall authorize the candidates, slates of candidates, or their representatives, and representatives of the news media to be Page 35 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 present during the counting of the validsupplemental provisional ballots and thefederal supplementalprovisional paper ballots.

(14)[(13)] Except as otherwise required in this chapter that certain records and papers relating to specified elections be retained for twenty-two (22) months, the county clerk shall retain the voted federal provisional ballotsballots, voter affirmations, election official affirmations, and the supplemental paper ballots for twenty-two (22) months and the unvoted federal provisional ballotsballots, the voter affirmations, election official affirmations, and the supplemental paper ballots for sixty (60) days after each election day, after which time they shall be destroyed in a manner to render them unreadable by the county board of elections if no contest or recount action has been filed.

Section 22.21.

on the day following a special election held for the purpose of filling a vacancy, the county clerk or county board of elections takes notice of a discrepancy in the tally of votes cast in any precinct or number of precincts, or a candidate makes a written request to the county board of elections in the case of a candidate who has filed with the county clerk, or the Secretary of State in the case of a candidate who has filed with the Secretary of State, to check and recanvass the voting machines, valid federal provisional ballots, valid federal provisional absentee ballots, and absentee ballots of any precinct or any number of precincts involving his or her race.

After this time period has elapsed and notice is Page 35 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO taken, the county [election ]board of elections shall assemble at 9 a.m.

In making the recanvass, the board shall make a record of the number of the seal upon the voting machine and, without unlocking the machine against voting, recanvass the vote cast Page 36 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 thereon.

Page 36 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO (e) The names of each candidate for the office being recanvassed;

and (f) The machine votes, absentee votes, valid andfederal invalid provisional votes, valid andfederal invalid provisional absentee votes, and vote totals for each candidate, as well as write-in votes cast in a regular or special election for candidates whose names did not appear on the ballot.

Page 37 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 (3) The county board of elections shall file its recanvass report as prescribed in administrative regulations promulgated by the State Board of Elections in conformity with KRS Chapter 13A.

Section 23.22.

Upon the first day a grand jury convenes after a primary, regular[general] election, or special election, the county clerk shall present to the grand jury all voter assistance forms, [andall ]allvoter applicationsand forelection absenteeofficial ballots,affirmations, and all provisionalapplications voterfor affidavits accompanying provisional absentee ballots which shall have been completed in the immediately preceding primary, regular[general] election, or special election.

The county clerk may photocopy applications for absentee ballots, provisional voter affidavitsand accompanyingelection provisionalofficial absenteeaffirmations, ballots, and voter assistance forms, certify them as true copies of the originals, and present the grand jury with those certified copies instead of the originals.

The county clerk shall retain all applications for absentee ballots, provisional voter affidavitsand accompanyingelection provisionalofficial absenteeaffirmations, ballots, and one (1) copy of each voter assistance form as part of the records of the office and shall produce certified copies of any or all of them, when required, to any subsequent grand jury.

Section 24.23.

Page 37 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO (1) "Electronic or electromechanical voting system" means a system of casting votes by use of marking devices and tabulating ballots employing automatic tabulating equipment or data processing equipment.

(2) "Automatic tabulating equipment" means apparatus necessary to automatically examine and count votes as designated on ballots and data processing machines Page 38 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 which can be used for counting ballots and tabulating results.

(6) "Ballot" or "official ballot" means the voting machine ballot label, ballot cards, paper ballots, 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 or regular[, general] or special election by the Secretary of State or the county clerk.

(8) "Vote marking device" means any approved device for marking a paper ballot with ink or other substance which will enable the ballot to be tabulated by means of Page 38 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO automatic tabulating equipment.

Page 39 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 (11) "Voting machine" or "machine" shall include lever machines and, as far as applicable, any electronic or electromechanical unit and supplies utilized or relied upon by a voter in casting and recording his votes in an election.

(12) "Proof of identification" means a document that:that was issued by:

(a) WasThe issued by the United States or the Commonwealth of Kentucky, and the document contains:

The name of the individual to whom the document was issued,issued; and the name conforms to the name in the individual's voter registration record;

and 2.

(b) The United States Department of Defense, a branch of the uniformed services, the Merchant Marines, or the Kentucky National Guard, and 3.if the document contains:

An expiration date, and the document:

a.

Has not expired;

or b.

Expired after the date of the most recent regular election;

or (b) Was issued by the United States Department of Defense, a branch of the uniformed services, the Merchant Marines, or the Kentucky National Guard if the document:

OtherwiseThe compliesname withof the requirementsindividual ofto paragraphwhom (a)1.the document was issued;

A photograph of thisthe subsection;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 2.contains:

Has no expiration date or states that the document has an indefinite expiration date;

or (c) Was issued by a public or private college, university, or postgraduate technical or professional school located within the state, and contains:

The name of the individual to whom the document was issued,issued; and the name conforms to the name in the individual's voter registration record;

and 2.

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 3.the document contains:

An1. expiration date, and the document:

PageThe 40name of 60the XXXXindividual Jacketedto UNOFFICIALwhom COPYthe 20document RSwas BRissued; 1168 a.

Hasand not2. expired;

orA b.photograph of the individual to whom the document was issued.

ExpiredPage after39 theof date57 ofSB000290.100 the- most1168 recent- regularXXXX election.Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO (13) "Federal provisional voter" means a person:

(13) "Provisional voter" means a person:

(c) Who has not presentedprovided proof of identification to the precinct election officer before voting;voting in a federal election;

and (d) Who elects to proceed with voting a federal provisional votingballot under Section 12 of this Act.

(14) "Provisional"Federal provisional ballot" or "provisional"federal provisional absentee ballot" means ballot cards or paper ballots which have been authorized forby the useSecretary of provisionalState votersor inthe anycounty primaryclerk orto regularbe orused special election by thefederal Secretaryprovisional ofvoters Statein orany thefederal countyprimary clerk.or election.

Section 25.24.

(4) Design the ballot cards and federal provisional ballot cards, including a numerical system to ensure[insure] an accurate record of all voting activities;

Page 41 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 (8) As part of the official canvass, provide for a manual recount of randomly selected precincts representing three percent (3%) to five percent (5%) of the total ballots Page 40 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO cast in each election;

Except as otherwise required in this chapter that certain records and papers relating to specified elections be retained for twenty-two (22) months, such documents and records shall be maintained for thirty (30) days following an election.election;

Sectionand 26.(10) Unless contrary to the Help America Vote Act of 2002, ensure that all federal provisional voting shall be conducted in a manner as prescribed by KRS Chapters 116 to 120.

Section 25.

(1) A voter who spoils or defaces a ballot card or marks it erroneously shall return the card to thean[the] election officials.officer[officials].

The election officialsofficer[officials] shall deliver to the voter another ballot card, but no voter may receive more than three (3) ballot cards including the one originally delivered to the voter.

Upon return of a defective ballot card, an election officialofficer[official] shall cancel it by writing in ink on the back the word "spoiled." The canceled ballot card shall be placed with spoiled ballots to be returned with the election returns.

(2) (a) After marking the ballot card, the voter shall place it, with the accompanying affidavit if it is a provisional ballot, inside the secrecy envelope and return it to an election official,officer[official], who shall deposit the ballot in the appropriate ballot box.

(b) When precinct ballot counters are used, the votervoter, unless voting a federal provisional ballot, may either:

Insert his or her ballot and accompanying affidavit if it is a provisional ballot, contained in the secrecy envelope provided and deposit the Page 4241 of 6057 SB000290.100 - 1168 - XXXX JacketedVetoed and Overriden UNOFFICIAL COPY 20 RS BRSB 11682/VO deposit the emptied ballot container envelope with the election officialofficer[official] presiding over the ballot counter;

Deposit the ballot and accompanying affidavit if it is a provisional ballot, in the appropriate ballot boxbox; in the presence of a precinct election officer;

for processing by a precinct election officialsofficer[officials] after the polls close.

Section 27.26.

(2) Any county clerk or member of the county board of elections who knowingly and willfully violates any of the provisions of this chapter, including furnishing applications for absentee ballots and federal provisional absentee ballots to persons other than those specified by the provisions of this chapter and failure to type the name of the voter on the application form as required by the provisions of this chapter, shall be guilty of a Class D felony.

(3) Any officer who willfully fails to prepare or furnish ballot labels, federal provisional ballots, federal provisional absentee ballots, or absentee ballots or fails to allow a qualified voter to cast his or her vote on the machine as required of the voter by this chapter shall be guilty of a Class A misdemeanor.

(5) Any person who signs a name other than his or her own on an application for an absentee ballot,[ or on] the verification form for the ballot,[ or on] an emergency Page 43 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 absentee ballot affidavit, or a provisional voter affidavit,or election official affirmation, or any person who votes an absentee ballot or provisional absentee ballot other than the one issued in his or her name, or any person Page 42 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO who applies for the ballot for the use of anyone other than himself or herself or the person designated by the provisions of this chapter, or any person who makes a false statement on an application for an absentee ballot or on an emergency absentee ballot affidavit shall be guilty of a Class D felony.

Section 28.27.

(1) A "political party" is an affiliation or organization of electors representing a Page 44 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 political policy and having a constituted authority for its government and regulation, and whose candidate received at least twenty percent (20%) of the total vote cast at Page 43 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO the last preceding election at which presidential electors were voted for;

(3) A "ballot" or "official ballot" means the voting machine ballot label, ballot cards, paper ballots, 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 the voters in any primary or regular[, general,] or special election by the Secretary of State or the county clerk;

and (9) "Political group" means a political group not constituting a political party or a Page 45 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 political organization within the meaning of subsections (1) and (8) of this section.

Section 29.28.

Page 44 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO (1) Except as provided in KRS 118.345, and subject to the provisions of subsections (2), (3), and (4) of this section, the county clerk of each county shall cause to be printed for the voting machines and on the absentee ballots,ballots provisional ballots, and provisional absentee ballots, for the regular election the names of the following persons:

(e) Independent candidates who have been nominated by petition as provided in Page 46 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 KRS 118.315, and whose petitions of nomination have been filed with the Secretary of State or the appropriate county clerk within the time prescribed in this chapter;

Page 45 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO (f) Successful nominees of all nonpartisan primaries which shall have been conducted;

If the county clerk determines that the name of any replacement candidate cannot be accommodated on the existing ballot or ballot cards and if there is insufficient time before the election to reprint the entire ballot, the county clerk shall request approval to use supplemental paper ballots for voting for that office only in the same manner as permitted for other situations as provided in KRS 118.215(5), and, if approved, shall have an adequate number of supplemental paper ballots printed for voting for that office and only votes cast for that office by means of the supplemental paper ballots,ballots in addition to any provisional ballots, shall be tabulated and recorded by the precinct election officers and county board of elections.

When a candidate has been replaced as provided in KRS 118.105(5) Page 47 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 after absentee and federal provisional absentee ballots have been printed and distributed for the regular election, neither the precinct election officers nor the county board of elections shall tabulate or record any absentee or federal provisional absentee Page 46 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO votes cast for the candidate who was replaced.

(3) Candidates for members of boards of education shall have their names printed on ballot labels,labels provisional ballots, provisional absentee ballots, and absentee ballots for the regular election only after filing as provided in KRS 160.220.

(4) Except as provided in KRS 118.105 and 118.115, no candidate's name shall be printed upon the ballot labels, federal provisional ballots, federal provisional absentee ballots, and absentee ballots for any regular election as the nominee of any political party, as defined in KRS 118.015, or under the emblem of any political party, as so defined, Page 48 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 except those candidates who have been duly and regularly nominated as nominees of that party at a primary held as provided in this chapter.

(5) No county clerk shall knowingly cause to be printed, upon the ballot labels, federal Page 47 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO provisional ballots, federal provisional absentee ballots, or absentee ballots for any regular election, the name of any candidate of a political party, as defined in KRS 118.015, who has not been nominated in the manner provided in the[ primary election] laws governing primaries or the name of any candidate who is not in compliance with the restrictions concerning party registration and candidacy provided in of KRS 118.315(1).

Section 30.29.

No candidate's name shall appear on any voting machine, federal provisional ballot, federal provisional absentee ballot, or absentee ballot more than once, except that a candidate's name may appear twice if he or she is a candidate for a primary or a regular election and also a candidate to fill a vacancy in the same office required to be filled at a special election, when the special election to fill a vacancy is scheduled for the regular election day.

Page 49 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 Section 31.30.

KRS 118A.010 is amended to read as follows:

As used in this chapter, unless the context otherwise requires:

(1) "Ballot" or "official ballot" means the voting machine ballot label, ballot cards, paper ballots, an absentee ballot, a special ballot, a provisional ballot, a provisional absentee ballot, or a supplemental paper ballot which has been authorized for the use of the voters in any primary or regular[, general,] or special election by the Secretary of State or the county clerk;

(2) "Ballot card" means a tabulating card on which votes may be recorded by a voter by use of a voting device or by marking with a pen or special marking device;

(3) "Ballot label" means the cards, papers, booklet, pages, or other material on which appear the names of candidates and the questions to be voted on by means of ballot cards or voting machines;

(4) "Election" refers only to elections for offices of the Court of Justice;

and (5) "Voting machine" or "machine" shall include lever machines and, as far as applicable, any electronic or electromechanical unit and supplies utilized or relied upon by a voter in casting his vote in an election.

No provisions of KRS Chapter 118 existing on March 10, 1976, except KRS 118.015 through 118.045 shall apply to such elections.

All other provisions of the election laws not inconsistent with this chapter shall be applicable thereto.

Section 32.

KRS 118A.100 is amended to read as follows:

(1) Candidates for an unexpired term of a judicial office to be filled at a regular election shall be nominated at the primary next preceding the regular election in the manner prescribed in KRS 118A.060 if the vacancy occurs not later than the second Friday in December preceding the primary.

If the vacancy occurs on or after that date, the election to fill the unexpired term shall be held in accordance with the procedures described in this section and Section 152 of the Constitution of Kentucky.

(2) If in a regular election for judicial office no candidates nominated as provided in Page 50 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 KRS 118A.060 are available due to death, incapacity, or withdrawal, and the candidates have not been replaced as provided in KRS 118A.060, the election to fill the regular term shall be conducted in the manner prescribed in subsections (3) through (11) of this section.

(3) Each candidate shall file a petition for nomination with the Secretary of State not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the election for the unexpired term will be held and not later than the first Tuesday after the first Monday in June preceding the day fixed by law for holding the regular election for the unexpired term, if the vacancy occurs prior to the first Tuesday following the first Monday in June.

If the vacancy occurs after the first Tuesday following the first Monday in June, each candidate shall file a petition for nomination with the Secretary of State not later than the second Tuesday in August preceding the day fixed by law for holding the regular election for the unexpired term.

The petition shall be sworn to by the candidate and by not less than two (2) registered voters from the district or circuit from which he or she seeks nomination, before an officer authorized to administer an oath.

Signatures for nomination papers shall not be affixed on the document to be filed prior to the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot.

The petition shall be filed no later than 4 p.m.

local time at the place of filing when filed on the last date on which the papers are permitted to be filed.

(4) The petition for nomination shall be in the form prescribed and furnished by the State Board of Elections.

The petition shall include a declaration sworn to by the candidate, that he or she possesses all the constitutional and statutory requirements of the office for which the candidate has filed.

Titles, ranks, or spurious phrases shall not be accepted on the petition and shall not be printed on the ballots as part of the candidate's name;

however, nicknames, initials, and contractions of given names Page 51 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 may be acceptable as the candidate's name.

(5) The Secretary of State shall examine the petition of each candidate to determine whether it is regular on its face.

If there is an error, the Secretary of State shall notify the candidate by certified mail within twenty-four (24) hours of filing.

(6) The order of names on the ballot for each district or circuit, and numbered division if divisions exist, shall be determined by lot at a public drawing to be held in the office of the Secretary of State at 2 p.m., standard time, on the Thursday following the first Tuesday after the first Monday in June preceding the regular election for those petitions for nomination required to be filed no later than the first Tuesday following the first Monday in June.

For those petitions for nomination required to be filed no later than the second Tuesday in August, the order of names on the ballot for each district and circuit, and numbered division if divisions exist, shall be determined by lot at a public drawing to be held in the office of the Secretary of State at 2 p.m., standard time, on the Thursday following the second Tuesday in August preceding the regular election.

(7) Not later than the date set forth in KRS 118.215 and after the order of names on the ballot has been determined as required in subsection (6) of this section, the Secretary of State shall:

(a) Certify to the county clerks of the respective counties entitled to participate in the election of the various candidates, the name and place of residence of each candidate for each office, by district or circuit, and numbered division if divisions exist, as specified in the petitions for nomination filed with the Secretary of State;

and (b) Designate for the county clerks the office of the Court of Justice with which the names of candidates shall be printed and the order in which they are to appear on the ballot.

(8) The ballot position of a candidate shall not be changed after the ballot position has Page 52 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 been designated by the county clerk.

(9) The county clerks of each county shall cause to be printed on the ballot labels for the voting machines and on the absentee ballots, provisional ballots, and provisional absentee ballots for the regular election the names of the candidates for offices of the Court of Justice.

(10) The names of the candidates shall be placed on the voting machine in a separate column or columns or in a separate line or lines and identified by the words "Judicial Ballot," and in a manner so that the casting of a vote for all of the candidates of a political party will not operate to cast a vote for judicial candidates.

The words "Vote for one" or "Vote for one in each division," shall be printed on the appropriate location.

The office, numbered division if divisions exist, and the candidates therefor shall be clearly labeled.

No party designation or emblem of any kind, nor any sign indicating any candidate's political belief or party affiliation, shall be used on voting machines or special ballots.

(11) The candidate receiving the highest number of votes cast at the regular election for a district or circuit, or for a numbered division if divisions exist, shall be elected.

(12) A judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate or a nominee for any elected office during the five (5) year term prescribed in KRS 21.580(1)(a)1., regardless of the number of days served by the judge acting as a Senior Status Special Judge.

Section 33.

KRS 118A.130 is amended to read as follows:

No judicial candidate's name shall appear on any voting machine, provisional ballot, provisional absentee ballot, or absentee ballot more than once.

Section 34.

KRS 118A.150 is amended to read as follows:

(1) In certification of candidates for judicial office, no reference shall be made to political affiliation.

(2) The Secretary of State shall not knowingly certify to the county clerk of any county Page 53 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 the name of any candidate who has not filed the required nomination or candidacy papers, nor knowingly fail to certify the name of any candidate who has filed the required nomination or candidacy papers.

(3) No county clerk shall knowingly cause to be printed on the ballot labels, provisional ballots, provisional absentee ballots, or absentee ballots for any election, the name of a candidate for an office of the Court of Justice who has not been certified in the manner specified in this chapter.

(4) If, before the time of certification of candidates who will appear on the ballot provided for in this chapter, any candidate whose petition or certificate of nomination or petition for candidacy has been filed, dies or notifies the Secretary of State in writing, signed and properly notarized, that he or she will not accept the nomination or election, the Secretary of State shall not certify his or her name.

(5) If, after the certification of candidates who will appear on the ballot, any candidate whose petition or certificate of nomination or petition for candidacy has been filed, dies or notifies the Secretary of State in the manner described in subsection (4) of this section, that he or she will not accept the nomination or election, the Secretary of State shall immediately notify the appropriate county clerk, and the county clerk shall ensure that notice is provided to the appropriate precincts as provided in subsection (7) of this section.

(6) If after the certification of candidates who will appear on the ballot, any candidate whose name appears on the ballot shall withdraw or die, neither the precinct election officers nor the county board of elections shall tabulate or record the votes cast for the candidate;

and, in a primary[ election], if there are only one (1) or two (2) remaining candidates on the ballot for that office, following the withdrawal or death of the other candidate or candidates, neither the precinct election officers nor the county board of elections shall tabulate or record the votes for the remaining candidate or candidates, and the officer with whom the remaining candidate or Page 54 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 candidates has filed his or her nomination papers shall immediately issue and file in his or her office a certificate of nomination for that remaining candidate or candidates and send a copy to the remaining candidate or candidates.

(7) If, after the certification of candidates who will appear on the ballot, any candidate whose name appears on the ballot shall withdraw pursuant to KRS 118.212 or die, the county clerk shall provide notices to the precinct election officers who shall see that a notice is conspicuously displayed at the polling place advising voters of the change, and that votes for the candidate shall not be tabulated or recorded.

If the county clerk learns of the death or withdrawal at least five (5) days prior to the election and provides the notices required by this subsection and the precinct officers fail to post the notices at the polling place, the officers shall be guilty of a violation, subject to a fine of not less than ten dollars ($10) nor more than two hundred fifty dollars ($250).

Section 35.

(1) A "ballot" or "official ballot" means the voting machine ballot label, ballot cards, Page 48 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO paper ballots, an absentee ballot, a special ballot, a federal provisional ballot, a federal provisional absentee ballot, or a supplemental paper ballot which has been authorized for the use of the voters in any primary or regular[, general] or special election by the Secretary of State or the county clerk;

Page 55 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 Section 36.31.

(1) A "ballot" or "official ballot" means the voting machine ballot label, ballot cards, paper ballots, an absentee ballot, a special ballot, a federal provisional ballot, a federal provisional absentee ballot, or a supplemental paper ballot which has been authorized for the use of the voters in any primary or regular[, general] or special election by the Secretary of State or the county clerk;

Section 37.32.

Page 49 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO (1) As used in this section:

Page 56 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 (2) The fees imposed for voluntary travel ID operator's licenses, instruction permits, and personal identification cards shall be as follows.

Card Fee Road License AOC GF MC Type Fund Fund Fund Fund OL (initial/renewal) $48 $31 $7 $10 $0 $0 OL (Under 21) (Up to 4 years) $18 $8.50 $5 $4.50 $0 $0 Any OL, MC OL or combination (duplicate /corrected) $15 $5.25 $4 $4 $1.75 $0 Motor vehicle IP (3 years) $18 $6 $5 $5 $2 $0 Page 50 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO Motorcycle IP (1 year) $18 $6 $5 $2 $1 $4 Motorcycle OL (initial/renewal) $48 $19.50 $9 $9.50 $0 $10 Combination vehicle/MC OL (initial/renewal) $58 $28 $7 $13 $0 $10 PIDC (initial/renewal) $28 $11 $8 $6 $3 $0 PIDC (duplicate/corrected) $15 $6 $4 $3.50 $1.50 $0 (3) Except as provided in subsection (9) of this section, the fees imposed for standard Page 57 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 operator's licenses, instruction permits, and personal identification cards shall be as follows.

Card Fee Road License AOC GF MC Type Fund Fund Fund Fund OL (initial/renewal) $43 $28 $7 $8 $0 $0 OL (Under 21) (Up to 4 years) $15 $7.50 $4 $3.50 $0 $0 Any OL, MC OL or combination (duplicate /corrected) $15 $5.25 $4 $4 $1.75 $0 Motor vehicle IP (3 years) $15 $5 $4 $4 $2 $0 Motorcycle IP Page 51 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO (1 year) $15 $5 $4 $1 $1 $4 Motorcycle OL (initial/renewal) $43 $17.50 $8 $7.50 $0 $10 Combination vehicle/MC OL (initial/renewal) $53 $25 $7 $11 $0 $10 PIDC (initial/renewal) $23 $8 $8 $4 $3 $0 PIDC (duplicate/corrected) $15 $6 $4 $3.50 $1.50 $0 PIDC (no fixed address) Page 58 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 KRS 186.4122(5) and 186.4123(5) $10 $0 $5 $5 $0 $0 (4) The fee for a second or subsequent duplicate personal identification card for a person who does not have a fixed, permanent address, as allowed under KRS 186.4122(5) and 186.4123(5), shall be the same as for a duplicate regular personal identification card.

(7) (a) An applicant for an original or renewal operator's license, commercial driver's Page 52 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO license, motorcycle operator's license, or personal identification card shall be requested by the clerk to make a donation to promote an organ donor program.

(d) The fee shall be paid to the circuit clerk and shall be forwarded by the clerk on a monthly basis to the Kentucky Circuit Court Clerks' Trust for Life, and such Page 59 of 60 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 1168 moneys are hereby appropriated to be used exclusively for the purpose of promoting an organ donor program.

(9) There shall be no fee chargedassessed for the original,initial, renewal, or replacementduplicate of a standard personal identification card to an individual, if the individual:

(a) Does not havepossess a valid operator's license or a commercial driver's license;

Page 53 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO and (b) Is at least eighteen (18) years of age on or before the day of the next regular election;election.

andSection (c)33. Is otherwise eligible to vote in the regular election.

PageKRS 60117.035 ofis 60amended XXXXto Jacketedread as follows:

(1) There shall be a county board of elections, which shall, at the direction and under the supervision of the State Board of Elections, administer the election laws and the registration and purgation of voters within the county.

(2) (a) The board shall consist of the county clerk, the sheriff, and two (2) members appointed by the State Board of Elections not later than July 1 following the election of persons to statewide office, for a term of four (4) years and until their successors are appointed.

(b) The sheriff shall not serve on the board during any year in which he or she is a candidate, but shall recommend to the board a temporary replacement to serve in his or her place.

If the sheriff cannot serve because he or she is sick, injured, or otherwise incapacitated, he or she may recommend a temporary replacement to serve in his or her place until the sheriff may resume his or her duties or a vacancy in office is declared.

(c) The county clerk may, at his or her option, continue to serve on the board during a year in which he or she is a candidate.

If the clerk elects not to serve, he or she shall recommend a temporary replacement to serve in his or her place.

If the county clerk cannot serve because he or she is sick, injured, or otherwise incapacitated, he or she may recommend a temporary replacement to serve in his or her place until the county clerk may resume his or her duties or a vacancy in office is declared.

(d) 1.

Notwithstanding the provisions of KRS 61.080, service on the board of elections shall be compatible with the holding of any other county or city office.

Page 54 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO 2.

The members shall be at least twenty-one (21) years of age, qualified voters in the county from which they are appointed, and shall not have been convicted of any election law offense.

3.

One (1) member shall be appointed from a list of five (5) names submitted by the county executive committee of each political party as defined in KRS 118.015.

If there are two (2) or more contending executive committees of the same political party in any county, the one recognized by the written certificate of the chair of the state central committee of the political party shall be the one authorized to submit the lists.

4.

If the State Board of Elections does not receive the list as required by subparagraph 3.

of this paragraph for each political party for each county by the deadline established in paragraph (a) of this subsection or within one (1) month of a vacancy, then the chair of the state central committees for the political parties may submit lists of five (5) names of qualified residents from the remaining counties by August 1 following the election of persons to statewide office or within two (2) months of a vacancy.

5.

If the State Board of Elections does not receive a list from either the county executive committee under subparagraph 3.

of this paragraph or the chair of the state executive committee under subparagraph 4.

of this paragraph, then the State Board of Elections shall appoint a qualified resident from the county at its next regularly scheduled meeting in September following the election of persons to statewide office or within three (3) months of a vacancy.

6.

A member appointed by the State Board of Elections may be removed by the State Board of Elections for cause.

Page 55 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO 7.

A member appointed by the State Board of Elections may be removed by the State Board of Elections upon a request approved by a two-thirds (2/3) vote of the full membership of the county executive committee that submitted the member's name.

The county executive shall provide conclusive evidence of the committee's membership and evidence of the committee's two-thirds (2/3) vote before the State Board of Elections removes any member appointed by the State Board of Elections.

8.

If an appointee is temporarily unable to act, a temporary appointee shall be named by the State Board of Elections.

A temporary appointee shall serve until the original appointee notifies the State Board of Elections that he or she is able to resume his or her term.

9.

A member appointed by the State Board of Elections shall not serve on the board if he or she is a candidate for public office, and the member shall resign upon filing papers to become a candidate for public office or shall be removed from office by the State Board of Elections.

A member who resigns or is removed because of his or her candidacy shall not resume his or her term following the completion of the candidacy.

10.

Vacancies and temporary vacancies shall be filled in the same manner as provided for original appointments, and the person appointed to fill the vacancy or temporary vacancy shall be of the same political party as his or her predecessor.

(e) Compensation and payment of actual expenses of members shall be set by the fiscal court either as an amount payable on an annual basis, or as an amount payable on a per diem basis of not less than fifteen dollars ($15) nor more than one hundred dollars ($100) for each day the board meets.

(3) A majority of the board shall constitute a quorum.

The county clerk shall serve as chair of the meetings and may vote.

In case of a tie, the chair may cast an additional Page 56 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden UNOFFICIAL COPY 20 RS SB 2/VO vote.

Records shall be kept of all proceedings, and the records shall be public and kept at the office of the county clerk.

(4) The board shall meet as follows:

(a) During years in which a primary or regular election is scheduled, the board shall meet at least once every other month and may meet more frequently if necessary upon the call of the chair or upon written agreement of two (2) or more members of the board.

The call shall provide notice as prescribed by KRS 61.823.

(b) During years in which no primary or regular election is scheduled, the board shall meet at the call of the chair or upon written agreement of two (2) or more members of the board.

The call shall provide notice as prescribed by KRS 61.823.

(c) The board shall meet and stay in session on primary, regular election, and special election days to correct clerical errors, to[ and] rule on questions regarding voter registration and proof of identification, and may make to the election officers such certifications as may be necessary.

On primary, regular election, and special election days, appeals may be made to a Circuit Judge, but a ruling of the board shall be reversed only upon a finding that it was arbitrary and capricious.

(5) The board may employ, on a bipartisan basis, a staff sufficient to carry out the duties assigned to the board.

Page 57 of 57 SB000290.100 - 1168 - XXXX Vetoed and Overriden