HB 574 — AN ACT relating to elections and making an appropriation therefor.

(f) The online portal shall not be open or permit any mail-in ballot requests to occur more than forty-fiveforty- five (45) days immediately preceding the day of a primary or an election.

(h)[(a)] Except as otherwise provided in KRS 117.077 and covered voters in paragraph (i) of this subsection, a qualified voter may apply to cast his or her vote by mail-in absentee ballot if the Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY completed application is received fourteen (14) days[not later than the close of business hours seven (7) days] before the election, and if the voter is:

Page 27 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN 3.

The federal post-card application may be Page 28 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN used to register, reregister, and to apply for a mail-in absentee ballot.

Any voter who is qualified to vote on election day in the county of his or her residence may choose to cast an in-personin- person absentee ballot while in-person absentee voting is being conducted during the days listed in this subsection.[for at least the twelve (12) working days before the election.

A county board of elections may permit in-in-person person absentee voting to be conducted on a voting machine for a period 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-in-person 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,] The voter who elects to vote in-person absentee shall provide[if the voter provides] proof of identification as defined in Section 41 of this Act[KRS 117.375] or meet[meets] the requirements of KRS 117.228 and 117.229[, and the voter:

Is a resident of Kentucky who is a covered voter as defined in KRS Page 29 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN 117A.010, who will be absent from the county of his or her residence on any election day;

CHAPTER 197 13 5.

(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 Page 30 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN and Vice President only, by making 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, up to the close of normal business hours on the day before the election.

(3)[(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 conducted[performed on a Page 31 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN 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].

(5)[(2)] For those voters who are eligible to receive a mail-in absentee ballot by means other than the secure online portal pursuant to subsection (1) of this section, the county clerk shall type the name of the voter permitted to vote by mail-mail-in in absentee ballot on the mail-in absentee ballot application[ form] for that person's use and no other.

name, residential address, precinct, 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 Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 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 Page 32 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN for a mail-in absentee ballot.

(6)[(3)(6)[(3)(a)] (a)] For those voters eligible to receive a mail-in absentee ballot, if the county clerk finds that the voter has completed and submitted an application for a mail-in absentee ballot as provided in this section, is properly registered as stated in his or her mail-in absentee ballot application,[ form] and qualifies to receive a mail-in absentee ballot by mail, the county clerk[he or she] shall mail to the voter a mail-in absentee ballot, two (2) official envelopes for returning the mail-in absentee ballot, and instructions for voting.

and (c) Complete a postal form for a certificate of mailing for mail-in absentee ballots mailed within the fifty (50) states, and it shall be stamped by the postal service Page 33 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN when the mail-in absentee ballots are mailed.

(5) The county clerk shall cause mail-in absentee ballots to be printed fifty (50) days prior to each primary or regular election, and forty-five (45) days prior to a special election.] (10)[(6)] The outer envelope of the mail-in absentee ballot shall bear the words "Absentee Ballot",[ and] the address and official title of the county clerk, a printed barcode or other label that is unique to the individual voter issued by the State Board of Elections, and adequate[shall provide] space for the voter's signature, voting address, precinct number, and signatures of two (2) witnesses if the voter Page 34 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN signs the form with the use of a mark instead of the voter's signature.

CHAPTER 197 15 (11)[(7)] Except as otherwise provided in subsection (13) of this section, any person who 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 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 voter shall return the mail-inmail- in absentee ballot to the county clerk's office by mail or hand delivery no later than seven (7) days prior to the date of the election.

(12)[(8)] Any voter qualified for a mail-in absentee ballot who does not receive a requested mail-in absentee ballot within a reasonable amount of time shall contact Page 35 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN the county clerk, who shall reissue a second mail-in absentee ballot.

The voter shall return the mail-inmail- in absentee ballot to the county clerk's office on or before election day.

Page 36 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (a) Ensure election officials have real-time knowledge of which voters have requested mail-in absentee ballots;

ALegislative residentResearch ofCommission KentuckyPDF whoVersion isACTS aOF coveredTHE voterGENERAL PageASSEMBLY 37A resident of 168Kentucky XXXXwho Engrossedis UNOFFICIALa COPYcovered 21voter RS HB 574/EN as defined in KRS 117A.010 who has received an absentee ballot transmitted by facsimile machine or by means of the electronic transmission system established under KRS 117A.030(4) shall transmit the voted ballot to the county clerk by mail only, conforming with ballot security requirements that may be promulgated by the State Board of Elections by administrative regulation under KRS Chapter 13A.

(c) Any drop-box or receptacle located outside of the county clerk's office shall Page 38 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN be:

TamperTamper-resistant; resistant;

(g) The State Board of Elections may establish additional security measures Page 39 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN and procedures for the use of the ballot drop-box or receptacle through administrative regulations promulgated under KRS Chapter 13A.

The county clerk may provide for[ such] voting by the voting equipment in general use in the county[ either at the precinct, the equipment as may be used to tabulate CHAPTER 197 17 absentee ballots,] or any other voting equipment approved by the State Board of Elections for use in Kentucky, except as follows:

Page 40 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (4)[(3)] When the county clerk uses general voting equipment as provided for in subsection (3)[(2)] of this section, each voter casting his or her vote in-person absentee[at the county clerk's office or other place designated by the county board of elections, and approved by the State Board of Elections], shall sign an "In- Person Absentee Ballot Signature Roster." (5)[(4)] The county clerk shall designate a location within the clerk's[his or her] office where the ballots shall be cast secretly.

(7)[(6)] Upon receipt of a mail-in ballot, the county clerk shall scan the barcode or label that is unique to the individual voter to note the receipt of the mail-in absentee ballot, and deposit all of the mail-in absentee ballots in a locked ballot box immediately upon receipt without opening the outer envelope.

All voting equipment on which ballots are cast as permitted in subsection (3)[(2)] of this section shall also remain locked and the keys shall be retained by at least[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 Page 41 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN until the ballots are counted.

Notwithstanding the provisions of the Kentucky Open Records Act, KRS 61.870 to 61.884, each list of all persons who return their mail-mail-in in absentee ballots[ by mail] or who 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 primary or election day for which the list applies, except when provided to the county board of elections under Section 14 of this Act.

(9)[(8)] The county board of elections shall report to the State Board of Elections within ten (10) days after any primary or regular election as to the number of rejected absentee ballots, including rejected mail-in absentee ballots and ballots cast under subsection (3)[(2)] of this section, and the reasons for rejecting the ballots on a Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY form prescribed and furnished by the State Board of Elections in administrative regulations promulgated under KRS Chapter 13A.

(1) Except for those voters who have been certified as requiring assistance in voting on a permanent or annual basis, any person voting by means of a mail-in absentee Page 42 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN ballot or in-person absentee ballot[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.

The board] may appoint a central ballot counting board of not less than three (3) members, who shall be qualified voters and no more Page 43 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN than two-thirds (2/3) of whom shall be members of the same political party, to process, review, and count the ballots at the direction of the county board of elections.

(c) Acceptance or rejection of the mail-in absentee ballots shall be determined Page 44 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN as follows:

As each envelope is removed, it shall be examined to ascertain whether the outer envelope and the detachable flap are in proper order and have been signed by the voter, except if:[.] CHAPTER 197 19 a.

The members[chair] of the county board of elections, or the members of the central counting board, shall compare the signatures on the outer Page 45 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN envelope and[,] the detachable flap with the signature of the voter that appears on the voter's signature of record, which record shall include the signature on the voter's identity document as defined in KRS 186.010, the voter's mail-in absentee ballot application, or the voter's registration card.

of this paragraph or as otherwise provided in this subsection[ subsection (4) of this section], the members of the county board of elections or the members of the central counting board[chair] shall remove the detachable flap and place the secrecy envelope unopened in a ballot box which has been provided for the purpose;[.] 8.[(4)]8.[(4)]When When the name of a voter who cast a mail-in absentee ballot is processed and reviewed[read aloud] by the members of the county board of elections or the members of the central counting Page 46 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN board[chair], 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;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (4) (a) Beginning at 8 a.m.

local time on any primary, regular election, or special election day, the county board of elections or a central counting board,board shall meet in the county clerk's office to:

Review and process any mail-in absentee ballots returned using the Page 47 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN procedures in subsection (3) of this section;

Page 48 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (1) For purposes of this section, "blind or visually impaired individual" means an individual who:

(4) The State Board of Elections, if it approves the voting equipment under KRS 117.379, may approve the use of voting equipment designed to permit blind and visually impaired individuals to vote without assistance in as many locations within Page 49 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN a county containing a consolidated local government or containing a city of the first class as are designated by the county board of elections.

(5) A county board of elections in a county containing a consolidated local government or containing a city of the first class shall provide a report to the State Board of Elections after every primary or regular[general] election CHAPTER 197 21 regarding the number of blind or visually impaired individuals that have utilized the voting equipment during the pilot program.

(7) Notwithstanding the provisions of KRS 117.085, 117.086, or 117.0863 or any other statute to the contrary, a blind or visually impaired individual residing in a county containing a consolidated local government or containing a city of the first class that is operating a pilot program shall be permitted to vote in the location within the county of his or her registration as provided under subsection (6) of this section, on[ a] voting equipment[machine] designed to permit blind or visually impaired individuals to vote without assistance, at any time during which absentee voting is conducted[ in the clerk's office or other place designated by the county board of elections during normal business hours on at least any of the twelve (12) working days before the election, and The county board of elections may permit the voting to be conducted on a voting machine for a period longer than the twelve (12) working Page 50 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN days before the election prescribed above.

(1) The [fiscal court of any county]legislative body of any county, urban-county government, charter county, consolidated local government, or unified local government shall purchase or lease, from available funds or from the proceeds of bonds which may be issued for that purpose, voting systems[machines, including Page 51 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN extra or reserve machines,] for use in primaries, regular elections, and special[ and primary] elections.[ The fiscal court may, prior to any election, authorize the use of additional voting machines in any particular precinct.] (2) Any voting system purchased, leased, or otherwise acquired by the legislative body of any county, urban-countyurban- county government, charter county, consolidated local government, or unified local government on or after the effective date of this Act shall comply with the requirements of Section 18 of this Act.

The legislative body[fiscal court] may employ Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY engineers and other skilled persons to advise and aid in the selection of voting systems[the machines] and in determining compliance with the specifications and requirements of this chapter[thereof].

Except for voting equipment that has been certified and in use on or before the effectveeffective date of this Act, no[ make of] voting system[machine] shall be approved for use after the effective date of this Act by the State Board of Elections, either upon initial examination or reexamination, unless the system has been certified under Section 43 of this Act and[it] is so constructed that it shall:

(1) Ensure[It will Insure] secrecy to the voter in the act of voting so that no person can see or know for whom any other voter has voted or is voting, except for those voters requiring assistance under Section 34 of this Act;[.] Page 52 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (2) [It provides facilities that will ]Permit votes to be cast for any candidate entitled to have his or her name printed upon the ballots at any primary, regular election, or special[ or primary] election, and for or against any public question entitled to be placed upon the ballots;[.] (3) [It will, ]Except at a primary[ elections], permit a voter to vote for all the candidates of one (1) party or for one (1) or more candidates of every party having candidates entitled to be voted for, or for one (1) or more independent, political organization, or political group candidates;[.] (4) [It will ]Permit a voter to vote for as many persons for an office as the voter[he] is lawfully entitled to vote for, and no more;[.] (5) [It will ]Prevent a voter from voting for more persons for any office than the voter is entitled to vote for, and from voting for the same person, or for or against the same question, more than once;[.] (6) [It will ]Permit a voter to vote for or against any question the voter[he] may have the right to vote on, but no other;[.] (7) Provide for a nonpartisan ballot;

(11) Be safe, efficient, and accurate in the conduct of elections, and[It will] correctly register and accurately count all votes cast for each person, and for or against each Page 53 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN public question;[.] (12) (a) Provide each voter an opportunity to verify votes recorded on the permanent paper ballot, either visually or using assistive voting technology, by producing a voter-verified paper audit trail;

(16) [(9)][(9) [ItIt can ]Be capable of determining[determined] whether the voting equipment[machine] has been unlocked and operated or adjusted in any manner after once being locked;[.] (17)[(10)] Have a public counter with a register which is visible from the outside of the counter or device that[It] will show at all times during an election how many persons have voted;

[by a device hereinafter referred to as a public counter.] (18)[(11)] Have a protective cumulative[The] counter indicating the number of votes cast for each person, and the votes cast[ and] for or against each public question which cannot be seen, reset, or tampered with without unlocking a covering device[ that cannot be unlocked] by a key or other security apparatus that cannot CHAPTER 197 23 unlock[unlocks] any other part of the equipment, and which prevents changes to the cumulative counter once the system has been put into operation on the day of any election;[machine.

When such counters are so exposed the machine can no Page 54 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN longer be placed into condition for operation without the use of a special key, which key shall not have been in the possession of the election officers at the polling places;

(24) Be accessible for individuals with impairments, including nonvisual accessibility for the blind or visually impaired, in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other Page 55 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN voters;

The labels] shall include the necessary Page 56 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN party designations.

by Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY members of a county board of elections;

(5)[(4)] No later than the Friday preceding a special or regular election, the county Page 57 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN clerk shall equip the voting equipment[machines] with the necessary supplies for the purpose of write-in votes.

(1) Upon completing the preparation of the voting systems, including any voting equipment[machines] in operation, in accordance with[ the provisions of] KRS 117.155, and not later than the Thursday preceding the day of the election, the county clerk shall notify the members of the county board of elections that the Page 58 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN voting equipment is[machines are] ready for use.

(2) Not later than four (4) business days preceding the date set[ by the county board of elections] to conduct in-personin- person absentee voting in accordance with KRS 117.085[(1)(c)], the county clerk shall notify the members of the county board of elections that the voting equipment[machines] designated for use during in-person CHAPTER 197 25 absentee voting are ready for use.

The board shall thereupon convene at the office of the county clerk, not later than three (3) business days preceding the date set[ by the county board of elections] to conduct absentee voting, and examine the voting equipment[machines] to determine whether the requirements of KRS 117.155 have Page 59 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN been met.

The instruction cards shall be delivered to each election clerk by the county clerk at the time that other election supplies are delivered and the election clerk shall post the instruction card at the Page 60 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN polling place.

Page 61 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (k) Persons who may be in the voting room;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (m) Assistance which may be provided by law enforcement officers;

The clerk of the precinct shall cause any voting equipment[the machine] to be arranged in the voting place so that the front of the equipment[machine], on which[ appear] the ballots appear, if applicable[ballot Page 62 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN labels] and the operating devices, will not be visible, when being operated, to any person other than the voter.

Before the polls are open, and before permitting any person to vote on the day of the election, the election officers shall examine the voting equipment[machine] to ascertain Page 63 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN whether it has been operated since the counters referred to in subsections (17) and (18) of Section 18 of this Act[(10) and (11) of KRS 117.125] were set at zero, and to ascertain whether the ballots[ballot labels] are arranged as previously specified[ on the printed instruction cards].

If the attendance of members of the board of CHAPTER 197 27 elections cannot be obtained before the opening of the polls or within one (1) hour thereafter, the election officers shall notify the county clerk of the foregoing facts and obtain from the county clerk[ a] reserve voting equipment[machine], and proceed to conduct the election.

Then the election officers shall secure from the county clerk[ a] reserve Page 64 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN voting equipment[machine],[ which shall be] prepared and made ready for use as provided in KRS 117.205, and[ thereupon] proceed to conduct the election.

(2) A voter who votes in person at a precinct polling place that is located at a state-state-licensed licensed care facility where the voter resides is not required to provide proof of identification, as defined in Section 41 of this Act[KRS 117.375], before voting in a primary or an election.

(3) If the voter's name is listed on the precinct list furnished by the State Board of Elections as provided in KRS 117.025, the voter provides proof of identification, the voter is exempt pursuant to subsection (2) of this section, or the voter otherwise Page 65 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN satisfies the requirements of KRS 117.228, and if no challenge is made, then he or she shall sign his or her name on the precinct list in the space opposite his or her printed name.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) With the express approval of the county board of elections to repair or replace voting equipment that is malfunctioning, and to provide additional voting equipment;

or (d) At the voter's discretion, a minor child in the company of a voter may accompany the voter into a voting booth or other private area provided for Page 66 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN casting a vote.

(c) No person shall electioneer within one hundred (100) feet of a mail-in absentee drop-box or drop-receptacle.drop- receptacle.

(d)[(c)] Electioneering shall include the displaying of signs, the distribution of campaign literature, cards, or handbills, the soliciting of signatures to any petition, or the solicitation of votes for or against any bona fide candidate or ballot question in a manner which expressly advocates the election or defeat of the candidate or expressly advocates the passage or defeat of the ballot question, but shall not include exit polling, bumper stickers affixed to a person's vehicle while parked within or passing through a distance of one hundred (100) feet of any entrance to a building in which[ a] voting[ machine] is conducted[located], private property as provided in subsection (7) of this section, or other exceptions established by the State Board of Elections through the promulgation of administrative regulations under KRS Chapter Page 67 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN 13A.

Except as otherwise provided, election officers shall confirm the identity of each voter by Page 68 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN proof of identification as defined in Section 41 of this Act[KRS 117.375].

CHAPTER 197 29 (a) Is eligible to vote under KRS 116.025;

Page 69 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN a.

(3) After the election officer obtains the affirmation from the voter required by subsection (1) of this section, and after the voter provides the documents under subsection (2) of this section, the voter shall sign the precinct signature roster and Page 70 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN shall proceed to cast his or her vote in a ballot completion area.

Once the affirmation is executed by the election officer, the voter shall sign the precinct Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY signature roster and shall proceed to cast his or her vote in a ballot completion area.

(2) When the officers of an election disagree as to the qualifications of a voter or if his Page 71 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN or her right to vote is disputed by a challenger, other than for failure to provide proof of identification as defined in Section 41 of this Act[KRS 117.375], 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 upon Page 72 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN a voter assistance form prescribed and furnished by the State Board of Elections pursuant to administrative regulations promulgated under KRS Chapter 13A.

CHAPTER 197 31 The county board of elections shall determine whether the applicant requires assistance on a permanent basis.

Page 73 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (6) ["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 insure the secrecy of the vote.

The voter shall be issued a second federal Page 74 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN provisional or supplemental paper ballot.

The Page 75 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN declaration of intent shall be filed no earlier than the first Wednesday after the first Monday in November of the year preceding the year the office will appear on the ballot, and no later than 4 p.m.

or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) If his or her name appears upon the ballot[ label] for any office, except that the 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:

(5) The county clerk shall provide to the precinct election officers certified lists of those persons who have filed declarations of intent as provided in subsections (2) and (3) Page 76 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN of this section.

(a) The judges, in the presence of the representatives mentioned in subsection (1) Page 77 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN of this section, if any, and of all other persons who may be lawfully within the polling place, shall give full view of all the counter numbers;

CHAPTER 197 33 (5) If any officer shall decline to sign the return sheets, he or she shall state the reason in writing, and a copy thereof, signed by the officer, shall be enclosed with the return sheets.

The envelope shall have Page 78 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN endorsed thereon a certificate of the election officers, stating the number or unique designation of the voting equipment[machine], the precinct where it has been used, the number on the seal, and the number on the protective or cumulative[accumulative] counter or device at the close of the polls.

(10) For all federal provisional ballots, if applicable, and supplemental paper ballots if 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 receptacle and the supplemental paper ballot box, all ballot stubs, spoiled ballots, Page 79 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN and unvoted ballots at the same time as the tabulation of votes from the voting equipment[machine] is delivered.

(14) Except as otherwise required in this chapter, all[ that certain] records and papers relating to specified elections shall be retained for twenty-two (22) months, the county clerk shall retain the voted federal provisional ballots, voter affirmations, election official affirmations, and the supplemental paper ballots for twenty-two (22) months and the unvoted federal provisional ballots, the voter affirmations, election official affirmations, and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 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 Page 80 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN action has been filed.

(1) For a period of ten (10) days following any primary[ election], and for a period of thirty (30) days following any regular[general] or special election, the voting equipment[machine] shall remain locked against voting and the ballot boxes containing all paper ballots shall remain locked, except that the voting equipment[machines] and the ballot boxes may be opened and all the data and figures therein examined:[,] (a) Upon the order of any court of competent jurisdiction, or judge thereof;[, or] (b) By direction of any legislative committee or board authorized and empowered to investigate and report upon contested elections;[,] (c) By a county board of elections under the direction of the State Board of Elections pursuant to a risk-limitingrisk- limiting audit;

(2) During the period when the voting equipment[machine] and the ballot boxes are Page 81 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN required to be kept locked, the keys thereto shall remain in the possession of the county board of elections.

The county board of elections shall authorize representatives of the news media to Page 82 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN observe the recanvass of the voting equipment in each precinct.

CHAPTER 197 35 (4) If, after a recanvass, it is found that the original canvass of the returns has been correctly made from the voting equipment[machine], and that there still remains a discrepancy unaccounted for, this discrepancy shall be noted.

The form, promulgated through administrative regulations under KRS Chapter 13A, shall include the Page 83 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN following information:

(2) When the cost of any election has been allowed by the fiscal court or legislative body of any urban-county government, charter county, consolidated local government, or unified local government and paid by the county treasurer,[ and] within sixty (60) days following the date of the election, the county treasurer shall Page 84 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN certify a statement of the number of precincts in the county, the date, and kind of election to the State Board of Elections, including an election that was delayed or postponed in accordance with KRS 39A.100.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) Within three (3) days after any primary or general election, the precinct election sheriff shall file a report with the chair[chairman] of the county board of elections and with the local grand jury.

The report Page 85 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN shall also include a breakdown by precinct of the number of voters requiring assistance to vote and the reasons therefor;

["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 which can be used for counting ballots and tabulating results;[.] (3) ["Voting device" means either an apparatus in which paper ballots or ballot cards are used in connection with an implement by which a voter registers his or her votes with ink or other substance or by punching, or an apparatus by which such votes are registered electronically, so that in either case the votes so registered may be Page 86 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN computed and tabulated by means of automatic tabulating equipment.

(5)[(8)] "Ballot[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 manually or by means of automatic tabulating equipment;[.] CHAPTER 197 37 (6) "Election" or "elections" means any primary, regular election, or special election;

Page 87 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (c) Who has not provided proof of identification to the precinct election officer before voting in a federal election;

Page 88 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN 1.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 1.

or (b) One (1) or more electronic devices that operate independently or as a Page 89 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN combination of a ballot marking device and an electronic or automatic vote tabulation device;

and Page 90 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (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[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.

CHAPTER 197 39 1.

Page 91 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (c) Who has not provided proof of identification to the precinct election officer before voting in a federal election;

Before requesting an examination or reexamination, any person, persons, or Page 92 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN corporation shall pay to the State Treasurer a nonrefundable deposit[an examination fee] of five hundred dollars ($500) and submit a test report from an independent testing authority approved by the State Board of Elections.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (2) Upon receipt of a request for examination or reexamination of a[an electronic] voting system, the State Board of Elections shall require that such voting system be examined or reexamined by three (3) examiners.

The three (3) examiners shall submit one (1) written report on each voting system examined or reexamined to the State Board of Page 93 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN Elections.

Page 94 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (3)[(4)] Design the ballots to include a[ballot cards and federal provisional ballot cards, including a numerical] system to ensure an accurate record of all voting activities;

(9) Provide for the conducting and review of an election audit, including a risk-risk-limiting limiting audit, and risk-limiting audit pilot program;

and PageCHAPTER 95197 of41 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (12)[(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.

(2) Any county clerk or member of the county board of elections who knowingly and Page 96 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN willfully violates any of the provisions of this chapter, including furnishing applications for absentee ballots, applications for[ and] federal provisional absentee ballots, and mail-in 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.

(6) Any person who violates any provision of KRS 117.235 or 117.236 related to prohibited activities during absentee voting or on election day, after he or she has been duly notified of the provisions by any precinct election officer, county clerk, deputy county clerk, or other law enforcement official, shall, for each offense, be Page 97 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN guilty of a Class A misdemeanor.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (9) Any local or state election official, including the Secretary of State, employees of the Secretary, and members of the State Board of Elections and their staff, who knowingly and willfully uses the voter registration roster in violation of KRS 117.025(3)(a) shall, for each offense, be guilty of a Class A misdemeanor.

(3) A "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[ label, ballot cards], a paper ballot[ballots], an absentee ballot, a federal provisional ballot, Page 98 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN 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 election, or special election by the Secretary of State or the county clerk;

Page 99 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (a) 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:

and 4.

CHAPTER 197 43 3.

Page 100 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (1) Except as otherwise provided by law, voting in all primaries and elections shall be by secret paper ballot[ on voting machines].

(2) Any political organization not constituting a political party as defined in KRS Page 101 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN 118.015 may make its nominations as provided in KRS 118.325.

(4) If a vacancy occurs in the nomination of an unopposed candidate or in a nomination made by the primary before the certification of candidates for the regular election, and if that party's nominee was the only political party candidate for the office sought, the governing authority of each party may nominate a candidate for the Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY regular election, provided that no person has sought that party's nomination by filing a notification and declaration.

Page 102 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (6) If a vacancy in candidacy described in subsection (5) of this section occurs later than the second Thursday preceding the date of the regular election, no certificates of nomination shall be filed and any candidate whose name does not appear on the ballot may seek election by write-in voting pursuant to KRS 117.265.

The names of candidates for President and Vice President shall be Page 103 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN certified in lieu of certifying the names of the candidates for presidential electors.

The order in which the names of the candidates for each office are to be printed on the ballot shall be determined CHAPTER 197 45 by lot.

Each group of candidates for each separate office for Page 104 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN which the candidates are to be elected shall be clearly separated from other groups on the ballot and spaced to avoid confusion on the part of the voter.

Page 105 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN The Secretary of State shall arrange the surnames of all candidates or slates of candidates for each office in alphabetical order for the First Congressional District, and the names shall be certified in this order to the county clerks of all the counties comprising that district.

Page 106 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (5) If the number of certified candidates or slates of candidates cannot be placed on a ballot which can be accommodated on voting equipment[machines] currently in use in the county, the county clerk shall notify the State Board of Elections, as provided in KRS 118.215.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) Candidates of a political party, as defined in KRS 118.015, who have been nominated for an unexpired term in a manner determined by the governing authority of the party, as provided in KRS 118.115, and whose evidences of nomination have been filed with the Secretary of State or the appropriate county clerk within the time prescribed in this chapter;

(d) Candidates who have been nominated by a political organization as provided in KRS 118.325 and whose certificates or petitions of nomination have been filed with the Secretary of State or the appropriate county clerk within the Page 107 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN time prescribed in this chapter;

All actions by a county clerk, the State Board of Elections, and the Secretary of State which are necessary to provide for voting at a regular Page 108 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN election for candidates nominated pursuant to KRS 118.105(5) shall be carried out with all possible speed.

CHAPTER 197 47 (4) Except as provided in KRS 118.105 and 118.115, no candidate's name shall be Page 109 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN printed upon any ballots, including[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, except those candidates who have been duly and regularly nominated as nominees of that party at a primary held as provided in this chapter.

(1) Any political organization not constituting a political party within the meaning of Page 110 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN KRS 118.015 but whose candidate received two percent (2%) of the vote of the state at the last preceding election for presidential electors may nominate, by a convention or primary held by the party in accordance with its constitution and bylaws, candidates for any offices to be voted for at any regular election, except the office of member of a board of education, for which nominations shall be made as provided in KRS 160.220.

(3) Any person desiring to become a candidate for an office, the nomination to which is to be made by a convention pursuant to subsections (1) and (2) of this section, except for the office of elector of President and Vice President of the United States, Page 111 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN shall file a statement with the official designated in KRS 118.165 with whom notification and declaration forms are filed for the office.

(5) In case of death, resignation, or removal of any such candidate subsequent to nomination and before the certification of candidates for the regular election made under KRS 118.215, the chair of the state, county, or city district committee shall fill the vacancy, unless a supplemental certificate or petition of nomination is Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY filed.

If there are two (2) or more contending executive committees of the same party in the county or district, the county or Page 112 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN district executive committee that is recognized by the state governing authority of the party, by the written certificate of its chair, shall be recognized by the Secretary of State and county clerk.

No candidate's name shall appear on any ballot, including 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 Page 113 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN 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.

(3) The Secretary of State, not later than the second Monday after the second Tuesday in August preceding the next regular election at which members of the General Assembly are to be chosen in a year in which there is CHAPTER 197 49 not an election for President and Vice President of the United States, or not later than the Thursday after the first Page 114 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN Tuesday in September preceding a regular election in a year in which there is an election for President and Vice President of the United States, shall certify the substance of the amendment, as stated and certified by the General Assembly or by the Attorney General, to the county clerk of each county, and the county clerk shall have the substance of the amendment, as so certified, indicated on the ballots[voting machines].

Page 115 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (4) ]"Election" refers only to elections for offices of the Court of Justice;

Page 116 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN 2.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 3.

local time at the place of filing when filed on the Page 117 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN last date on which the papers are permitted to be filed.

Page 118 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (6) The ballot position of a candidate shall not be changed after the ballot position has been designated by the Secretary of State.

CHAPTER 197 51 (9) The two (2) candidates receiving the highest number of votes for nomination for justice or judge of a district or circuit, or numbered division if divisions exist, shall be nominated.

Page 119 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (2) Not later than the date set forth in KRS 118.215(1)(b) after the filing deadline for the regular election in a year in which there is no election for President and Vice President of the United States, or not later than the date set forth in KRS 118.215(1)(c) preceding a regular election in a year in which there is an election for President and Vice President of the United States, and after the order of names on the ballot has been determined as required in subsection (1) of this section, the Secretary of State shall:

No party designation or emblem of any kind, nor any sign indicating any candidate's political belief or party Page 120 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN affiliation, shall be used on any ballot[voting machines or special ballots].

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 Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 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 Page 121 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN nomination, before an officer authorized to administer an oath.

Page 122 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (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:

Page 123 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (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.

CHAPTER 197 53 (2) The Secretary of State shall not knowingly certify to the county clerk of any county 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.

Page 124 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (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;

(1) A "ballot" or "official ballot" means the official presentation of offices and Page 125 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN candidates to be voted for, including write-in candidates, and all public questions submitted for determination, and shall include a voting machine ballot[ label, ballot cards], a paper ballot[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 or special election by the Secretary of State or the county clerk;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) A direct recording electronic voting machine that:

or (b) One (1) or more electronic devices that operate independently or as a combination of a ballot-markingballot- marking device and an electronic or automatic vote-vote-tabulating tabulating device;

and Page 126 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (5) "Voting system" means:

(2) Any person who, during or before any primary, regular election[general], or special election, willfully tampers with or attempts to tamper with, disarrange, deface, or Page 127 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN impair in any manner whatsoever, injures, or destroys any ballot[ label], or destroys any[ such] voting machine, voting equipment, or voting system while in use at an election or at any other time, or who shall, after such voting machine, voting equipment, or voting system is locked and sealed in order to preserve the record of the vote, tamper with or attempt to tamper with the record of the vote, or who aids or abets with intent to destroy or change the record of the vote shall be guilty of a Class D felony.

CHAPTER 197 55 Section 65.

(1) A "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[ label, ballot cards,] a paper ballot[ballots], an absentee ballot, a special ballot, a federal provisional ballot, a federal provisional absentee ballot, or a supplemental paper Page 128 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN ballot which has been authorized for the use of the voters in any primary or regular or special election by the Secretary of State or the county clerk;

or (b) One (1) or more electronic devices that operate independently or as a combination of a ballot-markingballot- marking device and an electronic or automatic vote tabulating device;

(a) 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, Page 129 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN that is used to:

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) It shall be the duty of precinct election officers at all primaries[primary], regular elections, or special elections to immediately report to the county clerk any administrative or clerical error discovered in the process of conducting the polling or tabulation of votes at any such primary or election.

Simultaneously with the filing of such action, the county clerk shall make written notice by regular mail to all candidates appearing on the ballot of the Page 130 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN precinct at issue that such action is being filed.

Page 131 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (1) Any candidate voted for at a primary held under KRS 118.015 to 118.035 and 118.105 to 118.255 may request a recount of the ballots by filing a petition with the same court that contest petitions are required to be filed with, within ten (10) days after the day of the primary, or, if the candidate is qualified to bring a contest proceeding under KRS 120.055, by including a request for a recount in his or her petition instituting the contest proceedings.

(2) Any party may appeal from the judgment to the Court of Appeals, in the same manner as provided in KRS 120.075, all of the provisions of which statute shall be Page 132 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN applicable.

The action of the courts shall be final, CHAPTER 197 57 concluding the parties as to the question of a recount of the ballots, and certificates shall then be issued to the parties entitled thereto.

In that Page 133 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN event the office shall be deemed vacant, with the same legal effect as if the person elected had refused to qualify.

(d) Any candidate under this subsection who would receive a certificate of election from the State Board of Elections under KRS 118.425 shall file his Page 134 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN or her petition requesting a recount not later than the second Tuesday following the election.

The keys Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY shall remain in the custody and possession of the county board of elections until the time set for the recount.[transferred to] (f) The Circuit Court shall[, and] fix a day for the recount proceedings to begin.

Page 135 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (h) On the day fixed by the court, the county board of elections shall meet and after confirming the integrity of the ballots,[court] shall proceed to recount the ballots.[ if their integrity is satisfactorily shown and shall] (i) The county board of elections shall complete the recount as soon as practicable, and shall forward the results of the recount to the Circuit Court.

(2) (a) Any slate of candidates for Governor and Lieutenant Governor, or any candidate for the United States Senate or the United States House of Representatives who was voted for at a regular election or a special election, Page 136 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN and who does not qualify for an automatic recount under Section 80 of this Act, may request a recount of the ballots by filing a petition in the Franklin Circuit Court.

(f) No certificate of election shall be issued by the State Board of Elections while any recount proceeding or contest proceeding is pending, and if issued before entry of the findings described in paragraph (e) of this Page 137 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN subsection shall be null and void.

CHAPTER 197 59 (g) Any candidate for the United States Senate or the United States House of Representatives aggrieved by the findings or action of the court shall proceed under the rules established by the United States Congress or federal law.

(1) Any qualified voter may demand a recount of the votes or contest the election in the Page 138 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN same manner as is provided for the recount of votes or contest of regular[general] elections of county officers by KRS 120.155 to 120.185.

If, upon recanvass, it appears that the original canvass of the returns by the election officers was incorrect, Page 139 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN the returns and all papers being prepared by the county board of elections shall be corrected accordingly.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) The date of the report;

(5) The State Board of Elections shall promulgate administrative regulations in Page 140 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN accordance with KRS Chapter 13A to establish the proper procedures for conducting a local option election recanvass for each type of voting system approved by the State Board of Elections and in use in Kentucky.

Page 141 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN SECTION 73.

CHAPTER 197 61 (b) To require state agencies and to request local governments, local agencies, and special districts to respond to the emergency or disaster in the manner directed;

(c) To seize, take, or condemn property, excluding firearms and ammunition, Page 142 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN components of firearms and ammunition, or a combination thereof, for the protection of the public or at the request of the President, the Armed Forces, or the Federal Emergency Management Agency of the United States, including:

(i) To grant emergency authority to pharmacists pursuant to KRS 315.500, for the Page 143 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN duration of the emergency;

(2) In the event of the occurrence or threatened or impending occurrence of any of the situations or events contemplated by KRS 39A.010, 39A.020, or 39A.030, which in the judgment of a local chief executive officer is of such severity or complexity as to require the exercise of extraordinary emergency measures, the county judge/executive of a county other than an urban-county government, or mayor of a city or urban-county government, or chief executive of other local governments or their designees as provided by ordinance of the affected county, city, or urban-urban-county county may declare in writing that a state of emergency exists, and thereafter, subject to any orders of the Governor, shall have and may exercise for the period as the state of emergency exists or continues, the following emergency powers:

(a) To enforce all laws and administrative regulations relating to disaster and emergency response and to direct all local disaster and emergency response forces and operations in the affected county, city, urban-county, or charter Page 144 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN county;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) To exclude all nonessential, unauthorized, disruptive, or uncooperative personnel from the scene of the emergency, and to command persons or groups of persons at the scene to disperse.

(2) The bona fides of any candidate seeking nomination as the nominee of a political Page 145 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN party or a nonpartisan or judicial nominee in a primary or election to an office as a member of a political organization, political group, or as an independent[in a primary or] in a special or regular election may be questioned by any qualified voter entitled to vote for the candidate or by an opposing candidate by summary proceedings consisting of a motion before the Circuit Court of the judicial circuit in which the candidate whose bona fides is questioned resides.

The motion shall be heard by the Court of Appeals or a judge thereof in the manner provided for Page 146 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN dissolving or granting injunctions, except that the motion shall be made before the court or judge within five (5) days after the entry of the order in the Circuit Court, and may be heard and tried upon the original papers, and the order of the Court of Appeals or judge thereof shall be final.

Candidates for federal office and candidates for mayor or legislative body in cities of the home rule class participating in partisan elections shall not be required to file a statement-of-candidacystatement-of- candidacy form.

The statement-of-candidacy form shall be filed not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot and not CHAPTER 197 63 later than April 1[the last Tuesday in January] preceding the day fixed by law for holding of regular elections for the offices sought.

If the office in which the statement-of-statement-of-candidacy candidacy form is to be filed is closed on April 1, the form may be filed on the next business day.

The statement-of-candidacystatement-of- candidacy form shall be signed by the candidate upon filing.

The Secretary of State and county clerks shall examine the statement-of-candidacystatement-of- Pagecandidacy 147 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN form of each candidate who files the form to determine if there is an error.

If an error has occurred, the candidate shall be notified by certified mail within twenty-twenty-four four (24) hours.

(4) The place where the family of a married person resides shall generally be considered his or her residence, unless the family so resides for a temporary Page 148 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN purpose.

PageLegislative 149Research ofCommission 168PDF XXXXVersion EngrossedACTS UNOFFICIALOF COPYTHE 21GENERAL RSASSEMBLY HB 574/EN 3.

Page 150 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN and 3.

The petition shall be signed by a number of registered and qualified voters residing in the affected jurisdiction equal to at least ten percent (10%) of the total number of votes cast in the last preceding presidential Page 151 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN election.

The inclusion of an invalid CHAPTER 197 65 electronic or nonelectronic petition signature on a page shall not invalidate the entire page of the petition, but shall instead result in the invalid petition signature being stricken and not counted.

(g) If the county clerk finds the petition to be sufficient, the clerk shall certify to the petition committee and the local governmental entity or district board of education within the thirty (30) day period provided for in paragraph (f) of this subsection that the petition is properly presented and in compliance with the Page 152 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN provisions of this section, and that the ordinance, order, resolution, or motion levying the tax will be placed before the voters for approval.

(3) (a) If an election is necessary under the provisions of subsection (2) of this Page 153 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN section, the local governmental entity shall cause to be submitted to the voters of the district at the next regular election, the question as to whether the property tax rate shall be levied.

(d) If the ordinance, order, resolution, or motion fails to pass pursuant to an election held under paragraph (a) or (b) of this subsection, the property tax rate which will produce four percent (4%) more revenues Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY from real property, exclusive of revenue from new property as defined in KRS 132.010, than the Page 154 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN amount of revenue produced by the compensating tax rate defined in KRS 132.010, shall be levied without further approval by the local governmental entity or district board of education.

(1) In any regular election or special election for any member of the General Assembly, the United States Senate or the United States House of Representatives, Governor and Lieutenant Governor, Treasurer, Auditor of Public Accounts, Commissioner of Agriculture, Labor and Statistics, Secretary of State, and Attorney General, a recount of the vote shall be required when a candidate is defeated by a margin of not more than one-half of one percent Page 155 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (0.5%) of the votes cast for the office.

The county board of elections shall authorize representatives of the news media to Page 156 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN observe the recount.

CHAPTER 197 67 (8) The costs of any recount held pursuant to this section shall be paid by the Commonwealth of Kentucky.

Page 157 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN Section 82.

and (b) If contesting a special election, the application and notice of contest shall be Page 158 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN filed not later than three (3) days following the final action of the State Board of Elections.

(5) No certificate of election shall be issued by the State Board of Elections while any election contest is pending, and any certificate issued before, during, or after final resolution by the board of any election contest filed under this section shall be null and void[No application to contest the election of a Governor, Lieutenant Governor, or member of the General Assembly shall be heard unless written notice, signed by the Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY party contesting, is given.

(6)[(3)] Immediately after the filing of the application and notice of contest, either party may proceed to take proof by depositions, under the same rules and regulations that govern the taking of depositions in actions in equity, except that no Page 159 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN commission shall be required for taking a deposition out of the state.

(1) On the third day after the organization of the General Assembly that meets next after the election, the Senate shall select three (3) of its members as provided in subsection (2) of this section, and the House of Representatives shall select eight (8) of its members as provided in subsection (2) of this section, and the eleven (11) so selected shall constitute a board to try the contest, seven (7) of whom shall constitute a quorum;[.] Page 160 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (2) In making the selection, the name of each member present shall be written on a separate piece of paper, every piece being as nearly similar to the other as possible.

If any member of the board willfully fails to attend its sessions, that member[ he] shall be reported to the house to which he or she belongs, and that house shall then[thereupon], in its discretion, punish that member[him] by fine or imprisonment, or both;[.] (6)[(3)] The board may, upon a majority of vote, send for persons, papers, and Page 161 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN records, including all voting equipment, ballots, boxes, and precinct rosters.

The board may[ and] issue subpoenas[attachments therefor] CHAPTER 197 69 signed by its chair[chairman] or the Speaker of the House of Representatives;[clerk, and may issue commissions for taking proof.] (7) The board may use the services of any law enforcement agency to transport all records relating to the election contest, including voting equipment, ballots, boxes, and precinct rosters.

(8)[(4)] If it appears that the slates of candidates receiving the highest number of votes cast[given] have received an equal number, the right to the offices[office] shall be determined by lot, in the manner prescribed by the board, and under the direction of the board;[.] (9) If the person returned for the Office of Governor is found not[ to have been] legally qualified to receive the office at the time of his or her election[, and the first two (2) years of his term have not expired], a new election shall be ordered to fill the vacancy under subsection (13) of this section;[.] (10) If a slate of candidates[person] other than the one returned is found to have received the highest number of legal votes cast[given], that slate[he] shall be adjudged by the General Assembly to be the persons[person] elected and entitled to the offices;[office.] Page 162 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (11)[(5)] No decision shall be made but by the vote of at least six (6) members of the board.

Page 163 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN (3) The members selected to serve on the board as provided in this section shall be sworn by the presiding officer to try the contested election, and shall give true judgment according to the evidence, unless dissolved before rendering judgment (4) The[ Such] board shall be governed by the same rules, have the same power, and be subject to the same penalties as a board to determine the contested election of Governor and Lieutenant Governor under Section 82 of this Act and as provided in this section.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (6) The board may, upon a majority vote, send for persons, papers, and records, including all voting equipment, ballots, boxes, and precinct rosters, and may issue subpoenas signed by its chair or the presiding officer of the house before which the contest is proceeding.

The chain of custody for the records shall be recorded, in writing, on a form prescribed by the State Board of Elections in administrative regulations promulgated under KRS Chapter 13A to include the identity of the person or persons transferring and receiving the Page 164 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN records, and the date, time, and location of the transfer.

(10) If the board finds the person returned is not legally qualified to receive the office at the time of his or her election, and if the house in which the contest is pending Page 165 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN concurs under subsection (14) of this section, a vacancy shall exist, and a new election shall be ordered to fill the vacancy.

CHAPTER 197 71 (14) No decision shall be made but by the vote of a majority of the members of the board.

Page 166 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN Section 85.

its affirmative allegations shall be treated as controverted, and no subsequent pleading shall be Page 167 of 168 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 574/EN allowed.

PageSigned 168by ofGovernor 168April XXXX7, Engrossed2021.

Legislative Research Commission PDF Version