Kentucky 2022 Regular Session Status: Enacted 5 R cosponsors

HB 564 — AN ACT relating to elections and declaring an emergency.

Last action — signed by Governor (Acts Ch. 87)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 23, 2022. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    6 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (5 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Amend various sections of KRS Chapters 116, 117, 118, and 119 relating to no-excuse in-person absentee voting, establishing excused in-person absentee voting, prohibiting the early disclosure of unofficial ballot count totals, requiring a tamper resistant seal to be placed on voting equipment, recording the public counter on voting machines before and after the days of in-person absentee voting, changing the time from which the State Board of Elections is required to furnish the county clerk with the appropriate voter registration list prior to an election from five to six days, permitting a disabled voter and military and overseas voters the ability to use the same electronic transmission system for requesting mail-in absentee ballots, removing the requirement that a voter return a mail-in absentee ballot seven days prior to an election, central ballot counting board requirements, ballot box requirements, location designation for the counting and reviewing of mail-in absentee ballots, prohibitions relating to voting equipment and systems from being connected to the internet, requirements relating to securing and locking voting equipment and voting systems, submission of precinct-by-precinct summary reports, requirements relating to the in-person absentee ballot signature roster, requiring a secure online connection for the transmittal of unofficial election results, requirements relating to external devices used to upload election results, requirements related to election officers duties of election administration, requiring the State Board of Elections to promulgate administrative regulations, changing the filing deadline for unexpired terms of partisan races, and creating a Class D Felony for any person who directly connects or attempts to directly connect a voting machine, voting equipment, or voting system to a public network, including the Internet; EMERGENCY.

Bill Text

What changed in the latest version

1285 added · 1747 removed

1285 line(s) added, 1747 removed.

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UNOFFICIAL COPY 22 RS HB 564/EN AN ACT relating to elections and declaring an emergency.
CHAPTER 87 1 CHAPTER 87 ( HB 564 ) AN ACT relating to elections and declaring an emergency.
(4) Notwithstanding any provision of law to the contrary, any registered voter who changes his or her place of residence from one (1) precinct to another within the same county prior to the closing of the registration books and who fails to transfer his or her registration with the county clerk prior to the date the registration books Page 1 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN are closed shall be permitted to vote in the present election at the appropriate precinct for the current address as set forth in KRS 116.085(2).
(4) Notwithstanding any provision of law to the contrary, any registered voter who changes his or her place of residence from one (1) precinct to another within the same county prior to the closing of the registration books and who fails to transfer his or her registration with the county clerk prior to the date the registration books are closed shall be permitted to vote in the present election at the appropriate precinct for the current address as set forth in KRS 116.085(2).
The Page 2 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN available hours from which a voter may cast his or her vote during these three (3) days shall be no less than eight (8) hours between 6 a.m.
The available hours from which a voter may cast his or her vote during these three (3) days shall be no less than eight (8) hours between 6 a.m.
(2) Any voter who is qualified to vote on election day in the county of his or her residence may make application to cast an excused in-person absentee ballot during normal business hours during the six (6) business days immediately preceding the Thursday of no-excuse in-person absentee voting under subsection (1) of this section.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (2) Any voter who is qualified to vote on election day in the county of his or her residence may make application to cast an excused in-person absentee ballot during normal business hours during the six (6) business days immediately preceding the Thursday of no-excuse in-person absentee voting under subsection (1) of this section.
The voter who makes application under this subsection shall meet one (1) of the following requirements in order to cast his or her excused in- person absentee ballot:
The voter who makes application under this subsection shall meet one (1) of the following requirements in order to cast his or her excused in-person absentee ballot:
(c) Temporarily resides outside the state, but is still eligible to vote in this state and will be absent from the county of his or her residence on the day of an election and during the days of no-excuse in-person absentee voting;
(c) Temporarily resides outside the state, but is still eligible to vote in this state and will be absent from the county of his or her residence on the day of an election and during the days of no-excuse in- person absentee voting;
Page 3 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN (f) Has not been declared mentally disabled by a court of competent jurisdiction and, due to age, disability, or illness, is not able to appear at the polls on election day and during the days of no-excuse in-person absentee voting;
(f) Has not been declared mentally disabled by a court of competent jurisdiction and, due to age, disability, or illness, is not able to appear at the polls on election day and during the days of no- excuse in-person absentee voting;
(h) Any person employed in an occupation that is scheduled to work during all days and all hours, which shall include commute time, the polls are open on election day and during the days of no-excuse in-person absentee voting;
(h) Any person employed in an occupation that is scheduled to work during all days and all hours, which shall include commute time, the polls are open on election day and during the days of no-excuse in- person absentee voting;
(5) Any voter qualifying to vote who receives assistance to vote in-person absentee Page 4 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN shall complete the voter assistance form required by KRS 117.255.
(5) Any voter qualifying to vote who receives assistance to vote in-person absentee shall complete the voter assistance form required by KRS 117.255.
If the members of the county board of elections or their designees do not serve as precinct election officers for in-person absentee voting, the county clerk or deputy county clerks shall supervise the in-person absentee voting.
If the members of the county CHAPTER 87 3 board of elections or their designees do not serve as precinct election officers for in-person absentee voting, the county clerk or deputy county clerks shall supervise the in-person absentee voting.
(10) During the days of in-person absentee voting, all voting equipment on which in- person absentee ballots are cast shall remain locked and the keys shall be retained by at least two (2) members of the central ballot counting board who are not of the same political affiliation or by two (2) members of the county board of elections who are not of the same political affiliation, and the voting equipment shall remain locked with a tamper-resistant seal until the ballots are counted.
(10) During the days of in-person absentee voting, all voting equipment on which in-person absentee ballots are cast shall remain locked and the keys shall be retained by at least two (2) members of the central ballot counting board who are not of the same political affiliation or by two (2) members of the county board of elections who are not of the same political affiliation, and the voting equipment shall remain locked with a tamper-resistant seal until the ballots are counted.
(11) No person shall transmit or publicize any tallies or counts of in-person absentee ballots, or any partial results, to any person except those persons, election Page 5 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN officials, or entities authorized by law to receive it, until 6 p.m.
(11) No person shall transmit or publicize any tallies or counts of in-person absentee ballots, or any partial results, to any person except those persons, election officials, or entities authorized by law to receive it, until p.m.
Page 6 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN (1) The State Board of Elections shall appoint an executive director, who shall be the chief administrative officer for the board.
(1) The State Board of Elections shall appoint an executive director, who shall be the chief administrative officer for the board.
(b) For each primary, furnish each county clerk with a master list of all registered voters in the county, together with three (3) signature rosters of all registered voters in each precinct of the county according to party affiliation, and two (2) lists of all registered voters in each precinct of the county at least six (6)[five (5)] days prior to each primary;
(b) For each primary, furnish each county clerk with a master list of all registered voters in the county, together with three (3) signature rosters of all registered voters in each precinct of the county according Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY to party affiliation, and two (2) lists of all registered voters in each precinct of the county at least six (6)[five (5)] days prior to each primary;
Page 7 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN (c) For each regular election, furnish each county clerk with a master list of all registered voters in the county, together with one (1) signature roster of all registered voters in each precinct of the county on which each voter's party affiliation is identified, and two (2) lists of all registered voters in each precinct of the county at least six (6)[five (5)] days prior to each regular election;
(c) For each regular election, furnish each county clerk with a master list of all registered voters in the county, together with one (1) signature roster of all registered voters in each precinct of the county on which each voter's party affiliation is identified, and two (2) lists of all registered voters in each precinct of the county at least six (6)[five (5)] days prior to each regular election;
and (i) Be responsible for oversight of board personnel, including hiring, investigations, disciplinary actions, promotions, and other like actions subject Page 8 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN to KRS Chapter 18A.
and (i) Be responsible for oversight of board personnel, including hiring, investigations, disciplinary actions, promotions, and other like actions subject to KRS Chapter 18A.
and Page 9 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN (c) A separate set of election forms and reports required by this chapter and the State Board of Elections shall be maintained for each precinct.
and (c) A separate set of election forms and reports required by this chapter and the State Board of Elections shall be maintained for each precinct.
(c) The number and type of voting systems or voting equipment to be used at the voting location;
CHAPTER 87 5 (c) The number and type of voting systems or voting equipment to be used at the voting location;
Page 10 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN The provisions of Section 3 of this Act, KRS 117.085, 117.086, and Chapter 117A notwithstanding, the State Board of Elections shall, as circumstances warrant and with the concurrence of the Attorney General, promulgate necessary administrative regulations to preserve the absentee voting rights of residents of Kentucky who are covered voters as defined in KRS 117A.010.
The provisions of Section 3 of this Act, KRS 117.085, 117.086, and Chapter 117A notwithstanding, the State Board of Elections shall, as circumstances warrant and with the concurrence of the Attorney General, promulgate necessary administrative regulations to preserve the absentee voting rights of residents of Kentucky who are covered voters as defined in KRS 117A.010.
(f) The online portal shall not be open or permit any mail-in ballot requests to occur more than forty-five (45) days immediately preceding the day of a Page 11 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN primary or an election.
(f) The online portal shall not be open or permit any mail-in ballot requests to occur more than forty-five (45) days immediately preceding the day of a primary or an election.
4.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 4.
Prevented from voting in person at the polls on election day and from casting an excused or no-excuse in-person absentee ballot on all days in-person absentee voting is conducted because he or she will[his or her employment location requires him or her to] be absent from the county Page 12 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN of his or her residence all hours and all days excused or no-excuse in- person absentee voting is conducted;
Prevented from voting in person at the polls on election day and from casting an excused or no- excuse in-person absentee ballot on all days in-person absentee voting is conducted because he or she will[his or her employment location requires him or her to] be absent from the county of his or her residence all hours and all days excused or no-excuse in-person absentee voting is conducted;
Any voter who is Page 13 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN qualified to vote on election day in the county of his or her residence may choose to cast an in-person absentee ballot while in-person absentee voting is being conducted during the days listed in this subsection.
Any voter who is qualified to vote on election day in the county of his or her residence may choose to cast an in-person absentee ballot while in-person absentee voting is being conducted during the days listed in this subsection.
name, residential address, precinct, party affiliation, statement of the reason the person cannot vote in person on the day of an election or during the dates and time of no-excuse in- Page 14 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN person absentee voting is being conducted[day], statement of where the voter shall be on election day or during the dates and times no-excuse in-person absentee voting is being conducted, 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.
name, residential address, precinct, party affiliation, statement of the reason the person cannot vote in person on the day of an election or during the dates and time of no-excuse in-person absentee voting is being conducted[day], statement of where the voter shall be on election day or during the dates and times no-excuse in-person absentee voting is being conducted, statement of compliance with residency requirements for voting in the precinct, an instructional statement prescribing the requirements for providing a CHAPTER 87 7 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.
Page 15 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN (b) 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;
(b) 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;
The county clerk shall type the voter's address and precinct number in Page 16 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN the upper left hand corner of the outer envelope and of the detachable flap on the secrecy envelope immediately below the blank space for the voter's signature.
The county clerk shall type the voter's address and precinct number in the upper left hand corner of the outer envelope and of the detachable flap on the secrecy envelope immediately below the blank space for the voter's signature.
Upon the return of the mail-in absentee ballot, the county clerk shall mark on the outer envelope of the sealed ballot or the unmarked ballot the words "Canceled because voter appeared to vote in person." Sealed envelopes so marked shall not be opened.
Upon the return of the mail-in absentee ballot, the county clerk shall mark on the outer envelope of the sealed ballot or the unmarked ballot the words "Canceled because voter appeared to vote Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY in person." Sealed envelopes so marked shall not be opened.
The county clerk shall keep a record of the mail-in absentee ballots issued and returned by mail, hand-delivered, or placed in a secure drop-box or receptacle, and the in-person absentee voting and federal in-person provisional absentee voting that is conducted, Page 17 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN to verify that only the first voted ballot is counted.
The county clerk shall keep a record of the mail-in absentee ballots issued and returned by mail, hand-delivered, or placed in a secure drop-box or receptacle, and the in-person absentee voting and federal in-person provisional absentee voting that is conducted, to verify that only the first voted ballot is counted.
Upon the return of the mail-in absentee ballot, the county clerk shall mark on the outer envelope of the sealed mail-in absentee ballot or the unmarked mail-in absentee ballot the words "Canceled because voter appeared to vote in person." Sealed envelopes so marked shall not be opened.[ If the covered voter is unable to return the mail-in absentee ballot to the county clerk's office on or before election day, at the time he or she votes in person, he or she shall sign a written oath as to his or her qualifications on the form prescribed by the State Board of Elections pursuant to KRS 117.245.] The county clerk shall remove the voter's name from the list of persons who were sent mail-in absentee ballots, allow the voter to vote by means of no-excuse in-person absentee ballot, or provide the voter with written authorization to vote at the precinct on election day[, and the voter may vote in the precinct in which he or she is properly registered].
Upon the return of the mail-in absentee ballot, the county clerk shall mark on the outer envelope of the sealed mail-in absentee ballot or the unmarked mail-in absentee ballot the words "Canceled because voter appeared to vote in person." Sealed envelopes so marked shall not be opened.[ If the covered voter is unable to return the mail-in absentee ballot to the county clerk's office on or before election day, at the time he or she votes in person, he or she shall sign a written oath as to his or her qualifications on the form prescribed by the State Board of Elections pursuant to KRS 117.245.] The county clerk shall remove the voter's name from the list of persons who were sent mail-in absentee ballots, allow the voter to vote by means of no-excuse in- person absentee ballot, or provide the voter with written authorization to vote at the precinct on election day[, and the voter may vote in the precinct in which he or she is properly registered].
Page 18 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN (a) Ensure election officials have real-time knowledge of which voters have requested mail-in absentee ballots;
(a) Ensure election officials have real-time knowledge of which voters have requested mail-in absentee ballots;
A person having power of attorney for the voter and who Page 19 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN signs the detachable flap and outer envelope for the voter shall complete the voter assistance form as required by KRS 117.255.
A person having power of attorney for the voter and who signs the detachable flap and outer envelope for the voter shall complete the voter assistance form as required by KRS 117.255.
A resident of Kentucky who is a covered voter 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.
CHAPTER 87 9 A resident of Kentucky who is a covered voter 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.
Page 20 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN 1.
1.
The ballots deposited in the drop- box or receptacle shall be removed with a record of the date and time ballots were removed, and the names of the persons removing them.
The ballots deposited in the drop-box or receptacle shall be removed with a record of the date and time ballots were removed, and the names of the persons removing them.
(f) Except for those times ballots are being removed and transported from a secure ballot drop box to the county clerk as provided in this subsection, the Page 21 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN county clerk and at least one (1) member of the county board of elections who is not of the same political affiliation or one (1) member of the central ballot counting board who is not of the same political affiliation as the county clerk, shall retain the keys to all secure ballot drop-boxes, receptacles, and transport containers in use in the county.
(f) Except for those times ballots are being removed and transported from a secure ballot drop box to the county clerk as provided in this subsection, the county clerk and at least one (1) member of the county board of elections who is not of the same political affiliation or one (1) member of the central ballot counting board who is not of the same political affiliation as the county clerk, shall retain the keys to all secure ballot drop-boxes, receptacles, and transport containers in use in the county.
(3) [Any voter who shall be absent from the county on election day, but who does not qualify to receive a mail-in absentee ballot 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 in accordance with KRS 117.085.
(3) [Any voter who shall be absent from the county on election day, but who does not qualify to receive a mail-in absentee ballot 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 in Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY accordance with KRS 117.085.
(4) When the county clerk uses general voting equipment as provided for in subsection Page 22 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN (3) of this section, each voter casting his or her vote in-person absentee shall sign an "In-Person Absentee Ballot Signature Roster." (5) The county clerk shall designate a location within the clerk's office where the ballots shall be cast secretly.
(4) When the county clerk uses general voting equipment as provided for in subsection (3) of this section, each voter casting his or her vote in-person absentee shall sign an "In-Person Absentee Ballot Signature Roster." (5) The county clerk shall designate a location within the clerk's office where the ballots shall be cast secretly.
The keys to the ballot box shall be retained by at least two (2)[three (3)] members of the county board of elections who are not of the same political affiliation or two (2) members of the central[ absentee] ballot counting board[,] if one (1) is appointed, who are not of the same political affiliation[or by the members of the board of elections], and the box shall remain locked until the ballots are processed, reviewed, or counted under KRS 117.087.[ All voting equipment on which ballots are cast as permitted in subsection (3) of this section shall also remain locked and the keys shall be retained by at least 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 23 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN (4)[(8)] The county clerk shall keep separate lists for each election of all persons who:
The keys to the ballot box shall be retained by at least two (2)[three (3)] members of the county board of elections who are not of the same political affiliation or two (2) members of the central[ absentee] ballot counting board[,] if one (1) is appointed, who are not of the same political affiliation[or by the members of the board of elections], and the box shall remain locked until the ballots are processed, reviewed, or counted under KRS 117.087.[ All voting equipment on which ballots are cast as permitted in subsection (3) of this section shall also remain locked and the keys shall be retained by at least 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.] (4)[(8)] The county clerk shall keep separate lists for each election of all persons who:
(2) The county board of elections may appoint a central ballot counting board of not Page 24 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN less than three (3) members, who shall be qualified voters and no more 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.
CHAPTER 87 11 (2) The county board of elections may appoint a central ballot counting board of not less than three (3) members, who shall be qualified voters and no more 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.
local time, on the day of a primary or an election.] The county board of elections or central ballot counting board shall meet as often as necessary during these fourteen (14) days to process and review returned mail- in absentee ballots, including expediting any signature cures.
local time, on the day of a primary or an election.] The county board of elections or central ballot counting board shall meet as often as necessary during these fourteen (14) days to process and review returned mail-in absentee ballots, including expediting any signature cures.
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If a list of all voters who have returned a mail- in absentee ballot by mail is not provided to the board, the name of each voter who cast an absentee ballot by mail shall be read aloud.
If a list of all voters who have returned a mail-in absentee ballot by mail is not provided to the board, the name of each voter who cast an absentee ballot by mail shall be read aloud.
The county board of elections or the central ballot counting board shall open the boxes containing absentee ballots returned by mail, hand Page 25 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN delivered, or deposited in a drop-box or receptacle, and remove the envelopes one (1) at a time.
The county board of elections or the central ballot counting board shall open the boxes containing absentee ballots returned by mail, hand delivered, or deposited in a drop-box or receptacle, and remove the envelopes one (1) at a time.
If a signature match cannot be made, the county board of elections, central ballot counting board, or the county clerk shall make a Page 26 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN reasonable effort to contact the voter and provide notice to the voter with a timeframe and manner in which the voter may cure his or her signature relative to the mail-in absentee ballot signature.
If a signature match cannot be made, the county board of elections, central ballot counting board, or the county clerk shall make a reasonable effort to contact the voter and provide notice to the voter with a timeframe and manner in which the voter may cure his or her signature relative to the mail-in absentee ballot signature.
of this paragraph or as otherwise provided in this subsection, the members of the county board of elections or the members of the central ballot counting board shall remove the detachable flap and place the secrecy envelope unopened in a ballot box which has been provided for the purpose;
of this paragraph or as otherwise provided in this subsection, the members of the county board of elections or the members of the central ballot counting board shall remove the detachable flap Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY and place the secrecy envelope unopened in a ballot box which has been provided for the purpose;
If the vote of a voter is rejected pursuant to the challenge, the secrecy envelope shall not be opened, but Page 27 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN returned to the outer envelope upon which the chair or member shall write on the envelope the word "rejected";
If the vote of a voter is rejected pursuant to the challenge, the secrecy envelope shall not be opened, but returned to the outer envelope upon which the chair or member shall write on the envelope the word "rejected";
If irregularities are discovered in the review and processing of the mail- in absentee ballot, the county board of elections or the central ballot counting board shall immediately report to the county attorney or the Office of the Attorney General;
If irregularities are discovered in the review and processing of the mail-in absentee ballot, the county board of elections or the central ballot counting board shall immediately report to the county attorney or the Office of the Attorney General;
(b) During the review, processing, and counting of the absentee ballots and votes, Page 28 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN candidates or their representatives shall be permitted to be present, and the county board of elections shall authorize representatives of the news media to observe.
(b) During the review, processing, and counting of the absentee ballots and votes, candidates or their representatives shall be permitted to be present, and the county board of elections shall authorize representatives of the news media to observe.
(a) Has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision so that the widest diameter of the visual field subtends an angle no greater than twenty (20) degrees;
CHAPTER 87 13 (a) Has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision so that the widest diameter of the visual field subtends an angle no greater than twenty (20) degrees;
Page 29 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN (b) Has a medically indicated expectation of visual deterioration;
(b) Has a medically indicated expectation of visual deterioration;
(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 election regarding the number of blind or Page 30 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN visually impaired individuals that have utilized the voting equipment during the pilot program.
(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 election regarding the number of blind or visually impaired individuals that have utilized the voting equipment during the pilot program.
(9) Notwithstanding the provisions of KRS 117.255, a blind or visually impaired voter residing in a county containing a consolidated local government or containing a city Page 31 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN of the first class that is operating a pilot project may cast his or her vote alone and without assistance on voting equipment approved for use by blind or visually impaired individuals.
(9) Notwithstanding the provisions of KRS 117.255, a blind or visually impaired voter residing in a county containing a consolidated local government or containing a city of the first class that is operating a pilot project may cast his or her vote alone and without assistance on voting equipment approved for use by blind or visually impaired individuals.
(10) Nothing in this section shall impair the right of any qualified voter under KRS 117.255 to receive assistance and vote according to the procedures specified in that section.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (10) Nothing in this section shall impair the right of any qualified voter under KRS 117.255 to receive assistance and vote according to the procedures specified in that section.
(5) 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 Page 32 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN question, more than once;
(5) 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;
Page 33 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN (15) Be suitably designed for the purpose used, constructed of a durable material, and safely transportable;
(15) Be suitably designed for the purpose used, constructed of a durable material, and safely transportable;
(20) Provide locks or other security apparatus by which the operation of the voting equipment may be locked before the time for opening the polls and after the time for closing the polls;
CHAPTER 87 15 (20) Provide locks or other security apparatus by which the operation of the voting equipment may be locked before the time for opening the polls and after the time for closing the polls;
(24) Be accessible for individuals with impairments, including nonvisual accessibility Page 34 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN 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 voters;
(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 voters;
The county clerk shall place all ballots required to be placed upon voting equipment in Page 35 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN such a manner as will most nearly conform to the plan of arrangement prescribed by the Secretary of State under KRS 118.215.
The county clerk shall place all ballots required to be placed upon voting equipment in such a manner as will most nearly conform to the plan of arrangement prescribed by the Secretary of State under KRS 118.215.
If found in proper order, the members of the county board of elections shall endorse their approval in the book in which the county clerk has entered the numbers or the unique designation of the voting equipment opposite the numbers of the precincts.
If found in proper order, the members of the county board of elections shall endorse their approval in the book in which the county clerk has entered the numbers or the unique designation of the Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY voting equipment opposite the numbers of the precincts.
Not later than one (1) hour before the time set for the opening of the polls, the board shall deliver all election supplies including the precinct list, tabulation sheets, and the key to the device covering the registering counters and other keys necessary for the operation of the voting equipment in registering votes, to the election officers of Page 36 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN the precinct in which the voting equipment is being used, who shall give the board a receipt[ containing identification] of the keys.
Not later than one (1) hour before the time set for the opening of the polls, the board shall deliver all election supplies including the precinct list, tabulation sheets, and the key to the device covering the registering counters and other keys necessary for the operation of the voting equipment in registering votes, to the election officers of the precinct in which the voting equipment is being used, who shall give the board a receipt[ containing identification] of the keys.
(2) Not later than four (4) business days preceding the date set to conduct excused in- person absentee voting in accordance with Section 3 of this Act[KRS 117.085], the county clerk shall notify the members of the county board of elections that the voting equipment designated for use during in-person absentee voting are ready for use.
(2) Not later than four (4) business days preceding the date set to conduct excused in-person absentee voting in accordance with Section 3 of this Act[KRS 117.085], the county clerk shall notify the members of the county board of elections that the voting equipment designated for use during in-person absentee voting are ready for use.
(2) As soon as the polls are closed, and the last voter has voted, the judges at that time Page 37 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN shall immediately lock and seal the voting equipment so that the voting and counting mechanisms will be prevented from operating, and they shall sign a certificate stating:
(2) As soon as the polls are closed, and the last voter has voted, the judges at that time shall immediately lock and seal the voting equipment so that the voting and counting mechanisms will be prevented from operating, and they shall sign a certificate stating:
(5) If any officer shall decline to sign the return sheets, he or she shall state the reason Page 38 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN in writing, and a copy thereof, signed by the officer, shall be enclosed with the return sheets.
(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.
(6) Each of the return sheets, if applicable, and the record of the voting equipment shall be enclosed in an envelope.
CHAPTER 87 17 (6) Each of the return sheets, if applicable, and the record of the voting equipment shall be enclosed in an envelope.
(a) [, ]The county board of elections shall mail, transmit via facsimile machine, hand deliver, or submit by electronic means a copy of the precinct-by- precinct summary of the tabulation sheets showing the results from each precinct to the State Board of Elections.
(a) [, ]The county board of elections shall mail, transmit via facsimile machine, hand deliver, or submit by electronic means a copy of the precinct-by-precinct summary of the tabulation sheets showing the results from each precinct to the State Board of Elections.
The copy of the precinct-by-precinct summary of the tabulation sheets showing the results from each precinct Page 39 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN shall include the votes cast on the day of an election and during in-person absentee voting;
The copy of the precinct-by-precinct summary of the tabulation sheets showing the results from each precinct shall include the votes cast on the day of an election and during in-person absentee voting;
and (b) The county clerk shall mail or deliver the precinct signature rosters from each precinct and the in-person absentee ballot signature roster to the State Board of Elections[ during the period established by KRS 117.355(3)].
and (b) The county clerk shall mail or deliver the precinct signature rosters from each precinct and the in- person absentee ballot signature roster to the State Board of Elections[ during the period established by KRS 117.355(3)].
Page 40 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN (11) The county board of elections, or its designee, shall count and tally the supplemental paper ballots that have not been tabulated by automatic tabulating equipment at the precinct, either manually or with the use of tabulating equipment that has been certified by the State Board of Elections for use for that purpose in the county clerk's office.
(11) The county board of elections, or its designee, shall count and tally the supplemental paper ballots that have not been tabulated by automatic tabulating equipment at the precinct, either manually or with the use of tabulating equipment that has been certified by the State Board of Elections for use for that purpose in the county clerk's office.
(14) No person shall transmit or publicize any tallies or counts of ballots, or any partial results, to any person except those persons, election officials, or entities authorized by law to receive it, until 6 p.m.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (14) No person shall transmit or publicize any tallies or counts of ballots, or any partial results, to any person except those persons, election officials, or entities authorized by law to receive it, until 6 p.m.
(b) If an external device is used to upload election results for the subsequent transmission, the device shall be used for that primary or election only and be of a type approved by the State Board of Elections as part of a voting Page 41 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN system under KRS 117.379.
(b) If an external device is used to upload election results for the subsequent transmission, the device shall be used for that primary or election only and be of a type approved by the State Board of Elections as part of a voting system under KRS 117.379.
(7) 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 42 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN cast in each election;
(7) 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 cast in each election;
(9) (a) Provide for the conducting and review of an election audit, including a risk- limiting audit, and risk-limiting audit pilot program, all of which shall establish the protocol by which ballots are checked, compared, and verified with the results produced by vote tallying equipment to ensure accuracy.
(9) (a) Provide for the conducting and review of an election audit, including a risk-limiting audit, and risk- limiting audit pilot program, all of which shall establish the protocol by which ballots are checked, compared, and verified with the results produced by vote tallying equipment to ensure accuracy.
(11) Ensure the county board of elections produces accurate precinct-by-precinct summaries of tabulation sheets showing the results of each precinct during in- person absentee voting, election day voting, and when a county is approved to use a vote center;
(11) Ensure the county board of elections produces accurate precinct-by-precinct summaries of tabulation sheets showing the results of each precinct during in-person absentee voting, election day voting, and when a county is approved to use a vote center;
and (13)[(12)] 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.
and CHAPTER 87 19 (13)[(12)] 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.
(1) Except as provided in subsection (2)(b) of KRS 83A.045 governing vacancies in candidacy, candidates for unexpired terms to be filled at a regular election shall be Page 43 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN nominated at the primary next preceding the regular election, if the vacancy occurred not less than one hundred sixty (160) days before the primary.
(1) Except as provided in subsection (2)(b) of KRS 83A.045 governing vacancies in candidacy, candidates for unexpired terms to be filled at a regular election shall be nominated at the primary next preceding the regular election, if the vacancy occurred not less than one hundred sixty (160) days before the primary.
(6)[(2)] 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 Page 44 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN number of days served by the judge acting as a Senior Status Special Judge.
(6)[(2)] 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.
and (c) Not later than the Monday after the Friday following the first Tuesday in September preceding a regular election, for those years in which there is an Page 45 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN election for President and Vice President of the United States.
and (c) Not later than the Monday after the Friday following the first Tuesday in September preceding a regular election, for those years in which there is an election for President and Vice President of the United States.
(2) Except as otherwise provided in subsection (3) of this section, all independent candidates or slates of candidates whose nominating petitions are filed with the county clerk or the Secretary of State shall be listed under the title and device designated by them as provided in KRS 118.315, or if none is designated, under the word "independent," and shall be placed on the ballot in a separate column or columns or in a separate line or lines according to the office which they seek.
(2) Except as otherwise provided in subsection (3) of this section, all independent candidates or slates of candidates whose nominating petitions are filed with the county clerk or the Secretary of State shall be listed under the title and device designated by them as provided in KRS 118.315, or if none is designated, under the Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY word "independent," and shall be placed on the ballot in a separate column or columns or in a separate line or lines according to the office which they seek.
(5) If the county clerk determines that the number of certified candidates or slates of candidates cannot be placed on a ballot which can be accommodated by the voting Page 46 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN equipment currently in use by the county, he or she shall so notify the State Board of Elections not later than the last Tuesday in February preceding the primary or the last Tuesday in August preceding the regular election.
(5) If the county clerk determines that the number of certified candidates or slates of candidates cannot be placed on a ballot which can be accommodated by the voting equipment currently in use by the county, he or she shall so notify the State Board of Elections not later than the last Tuesday in February preceding the primary or the last Tuesday in August preceding the regular election.
(3) Candidates for an office, the nomination to which is to be made by a convention pursuant to KRS 118.325(1) and (2), except for the office of electors of President Page 47 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN and Vice President of the United States, shall file the statements required by KRS 118.325(3), with the official designated in KRS 118.165 with whom notification and declaration are filed for the office, 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 later than the first Tuesday after the first Monday in June preceding the regular election for the office sought.
(3) Candidates for an office, the nomination to which is to be made by a convention pursuant to KRS 118.325(1) and (2), except for the office of electors of President and Vice President of the United States, shall file the statements required by KRS 118.325(3), with the official designated in KRS 118.165 with whom notification and declaration are filed for the office, 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 later than the first Tuesday after the first Monday in June preceding the regular election for the office sought.
(5) Except as otherwise provided in this section, petitions of nomination shall be filed as required with the Secretary of State or county clerk not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the offices will appear on the ballot and not later than the first Tuesday after the first Monday in June preceding the day fixed by law for the holding of regular elections for the offices sought.[ Certificates of nomination shall be filed with the Secretary of State or county clerk, as required by law, not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the offices will appear on the ballot and not later than the first Tuesday after the first Monday in June preceding the day fixed by law for the holding of regular elections for the offices sought.] The filing of petitions of nomination for Page 48 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN independent, or political organization, or political group candidates shall not be accepted by the Secretary of State or the county clerk if the candidate has not filed a statement-of-candidacy form as required by KRS 118.367.
(5) Except as otherwise provided in this section, petitions of nomination shall be filed as required with the Secretary of State or county clerk not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the offices will appear on the ballot and not later than the first Tuesday CHAPTER 87 21 after the first Monday in June preceding the day fixed by law for the holding of regular elections for the offices sought.[ Certificates of nomination shall be filed with the Secretary of State or county clerk, as required by law, not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the offices will appear on the ballot and not later than the first Tuesday after the first Monday in June preceding the day fixed by law for the holding of regular elections for the offices sought.] The filing of petitions of nomination for independent, or political organization, or political group candidates shall not be accepted by the Secretary of State or the county clerk if the candidate has not filed a statement-of-candidacy form as required by KRS 118.367.
Page 49 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN (3) Any election official, or other person entrusted with the custody or control of any voting machine, voting equipment, or voting system shall be guilty of a Class D felony if he or she knowingly and intentionally:[who, With intent to cause or permit ] (a) Causes or permits any voting machine, voting equipment, or voting system to fail to correctly register or count votes cast, tampers with or disarranges such voting machine, voting equipment, or voting system in any way;
(3) Any election official, or other person entrusted with the custody or control of any voting machine, voting equipment, or voting system shall be guilty of a Class D felony if he or she knowingly and intentionally:[who, With intent to cause or permit ] (a) Causes or permits any voting machine, voting equipment, or voting system to fail to correctly register or count votes cast, tampers with or disarranges such voting machine, voting equipment, or voting system in any way;
(b) Election definition and setup;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) Election definition and setup;
Page 50 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN (d) Diagnostics of any type;
(d) Diagnostics of any type;
(4) "Ballot box" means any box, bag, or other container that can be locked, sealed, or otherwise rendered tamper-resistant, for receiving ballots;
(4) "Ballot box" means any box, bag, or other container that can be locked, sealed, or otherwise rendered tamper- resistant, for receiving ballots;
(9)[(8)] "Federal provisional ballot" or "federal provisional absentee ballot" means Page 51 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN ballots which have been authorized by the Secretary of State or the county clerk to be used by federal provisional voters in any federal primary or election;
(9)[(8)] "Federal provisional ballot" or "federal provisional absentee ballot" means ballots which have been authorized by the Secretary of State or the county clerk to be used by federal provisional voters in any federal primary or election;
and 2.
and CHAPTER 87 23 2.
and Page 52 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN 2.
and 2.
(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 Page 53 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN is used to:
(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:
(b) Is not retained by the voter;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) Is not retained by the voter;
(1) A "political party" is an affiliation or organization of electors representing a political policy and having a constituted authority for its government and regulation, Page 54 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN and whose candidate received at least twenty percent (20%) of the total vote cast at the last preceding election at which presidential electors were voted for;
(1) A "political party" is an affiliation or organization of electors representing a 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 the last preceding election at which presidential electors were voted for;
(4) "Ballot box" means any box, bag, or other container that can be locked, sealed, or otherwise rendered tamper-resistant, for receiving ballots;
(4) "Ballot box" means any box, bag, or other container that can be locked, sealed, or otherwise rendered tamper- resistant, for receiving ballots;
Page 55 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN 3.
3.
2.
CHAPTER 87 25 2.
Page 56 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN (10)[(9)] "Political organization" means a political group not constituting a political party within the meaning of subsection (1) of this section but whose candidate received two percent (2%) or more of the vote of the state at the last preceding election for presidential electors;
(10)[(9)] "Political organization" means a political group not constituting a political party within the meaning of subsection (1) of this section but whose candidate received two percent (2%) or more of the vote of the state at the last preceding election for presidential electors;
(2) "Ballot box" means any box, bag, or other container that can be locked, sealed, or otherwise rendered tamper-resistant, for receiving ballots;
(2) "Ballot box" means any box, bag, or other container that can be locked, sealed, or otherwise rendered tamper- resistant, for receiving ballots;
Page 57 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN 3.
3.
or (b) One (1) or more electronic devices that operate independently or as a combination of a ballot-marking device and an electronic or automatic vote- tabulating device;
or (b) One (1) or more electronic devices that operate independently or as a combination of a ballot-marking device and an electronic or automatic vote-tabulating device;
2.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
Whereas, it is critically important to protect the integrity and reliability of the electoral process in order to safeguard the fundamental right to vote, and it is a reasonable legislative task to seek improvement and modernization of election Page 58 of 59 HB056420.100 - 433 - XXXX Engrossed UNOFFICIAL COPY 22 RS HB 564/EN procedures without undue delay in notice to the people of the Commonwealth and its election officials tasked with administering the election laws within this state, an emergency is declared to exist, and this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming a law.
Whereas, it is critically important to protect the integrity and reliability of the electoral process in order to safeguard the fundamental right to vote, and it is a reasonable legislative task to seek improvement and modernization of election procedures without undue delay in notice to the people of the Commonwealth and its election officials tasked with administering the election laws within this state, an emergency is declared to exist, and this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming a law.
Page 59 of 59 HB056420.100 - 433 - XXXX Engrossed
Signed by Governor April 7, 2022.
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How this bill changes current law

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Compared against the Kentucky Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill amends existing laws regarding voting eligibility and procedures, particularly concerning absentee voting and voter registration updates during election periods.

  • KRS 116.025

    (1) Any registered voter who changes his or her place of registration 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 absentee ballot for President and Vice President only, notwithstanding subsection (1) of this section, by mail or at the county clerk's office of the former residence or other place designated by the county board of elections and approved by the State Board of Elections.

    Adds provisions for casting an absentee ballot for President and Vice President for voters who change their registration to a different state.

  • KRS 116.065

    or → , as absentee ballots and federal provisional absentee ballots are provided for by Section 3 of this Act,

    Clarifies the verification requirements for various types of voter applications, including those specified in a new section of the bill.

  • KRS 117.077

    Any voter who is qualified to vote on election day in the county of his or her residence may choose to cast a no-excuse in-person absentee ballot on the Thursday, Friday, or Saturday immediately preceding the day of an election.

    Creates a new option for voters to cast a no-excuse in-person absentee ballot during a specified three-day period before elections.

Action History

  1. signed by Governor (Acts Ch. 87)

  2. delivered to Governor

  3. enrolled, signed by President of the Senate

  4. enrolled, signed by Speaker of the House

  5. passed 91-4

  6. House concurred in Senate Committee Substitute (1)

  7. posted for passage for concurrence in Senate Committee Substitute (1)

  8. to Rules (H)

  9. received in House

  10. passed 32-2 with Committee Substitute (1)

  11. floor amendment (1) ruled out of order

  12. 3rd reading

  13. passed over and retained in the Orders of the Day

  14. posted for passage in the Regular Orders of the Day for Wednesday, March 23, 2022

  15. 2nd reading, to Rules

  16. floor amendment (1) filed to Committee Substitute

  17. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  18. to State & Local Government (S)

  19. to Committee on Committees (S)

  20. received in Senate

  21. 3rd reading, passed 94-2 with Committee Substitute (1)

  22. posted for passage in the Regular Orders of the Day for Tuesday, March 08, 2022

  23. 2nd reading, to Rules

  24. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  25. to Elections, Const. Amendments & Intergovernmental Affairs (H)

  26. to Committee on Committees (H)

  27. introduced in House

Sponsors

Sponsorship breakdown

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6 sponsors · 0 co-sponsors · 132 not signed on · 3 voted No

Sponsors (6)

Co-sponsors (0)

None.

Not signed on (132)

132 members have not signed on to this bill.

Show all 132 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Final Passage

Passed 91 Yea · 4 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 48203
Unaffiliated 36101
Democrat 7101
Total 91405
% of votes cast 91%4%0%5%
How each member voted (100)
Member Party Vote
Fischer — Yea
Santoro — Yea
Bechler — Yea
Jenkins — Yea
Sheldon — Yea
Bentley — Yea
Minter — Yea
Smith — Yea
Flood — Yea
Nemes — Yea
Koenig — Yea
Palumbo — Yea
Thomas — Yea
Timoney — Yea
Graham — Yea
Pratt — Yea
Prunty — Yea
Cantrell — Yea
Massey — Yea
Raymond — Yea
Dixon — Yea
Hatton — Yea
Webber — Yea
Donohue — Yea
Heath — Yea
McCoy — Yea
Westrom — Yea
Rowland — Yea
Wheatley — Yea
DuPlessis — Yea
Meredith — Yea
Scott — Nay
Burch — Not Voting
Huff R — Yea
Kirk McCormick — Yea
Miller C — Yea
Miller J — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
George Brown Jr. Democrat Nay
Keturah J. Herron Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Not Voting
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Felicia Rabourn Republican Nay
James Tipton Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Not Voting
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Not Voting
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Nay
Scott Lewis Republican Not Voting
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

PASS HB 564 w/ scs1

Passed 32 Yea · 2 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 13204
Republican 17000
Democrat 2000
Total 32204
% of votes cast 84%5%0%11%
How each member voted (38)
Member Party Vote
Alvarado — Yea
Thayer — Yea
Nemes — Yea
Thomas — Yea
Parrett — Yea
Castlen — Yea
Kerr — Yea
Schroder — Yea
Smith — Yea
Embry — Yea
Meredith — Yea
Yates — Yea
Schickel — Nay
Southworth — Nay
Hornback — Not Voting
McGarvey — Not Voting
Turner — Not Voting
Westerfield — Not Voting
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

Pass

Passed 94 Yea · 2 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 49202
Unaffiliated 37001
Democrat 8001
Total 94204
% of votes cast 94%2%0%4%
How each member voted (100)
Member Party Vote
DuPlessis — Yea
Meredith — Yea
Santoro — Yea
Scott — Yea
Bechler — Yea
Fischer — Yea
Bentley — Yea
Jenkins — Yea
Sheldon — Yea
Minter — Yea
Smith — Yea
Flood — Yea
Nemes — Yea
Koenig — Yea
Palumbo — Yea
Thomas — Yea
Timoney — Yea
Pratt — Yea
Burch — Yea
Graham — Yea
Prunty — Yea
Raymond — Yea
Webber — Yea
Cantrell — Yea
Massey — Yea
Hatton — Yea
Westrom — Yea
Dixon — Yea
Heath — Yea
McCoy — Yea
Wheatley — Yea
Rowland — Yea
Donohue — Not Voting
Huff R — Yea
Kirk McCormick — Yea
Miller C — Yea
Miller J — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Not Voting
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Felicia Rabourn Republican Nay
James Tipton Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Not Voting
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Nay
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Not Voting
William Lawrence Republican Yea

Official roll call →

Subjects

elections
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Frequently asked questions

What does HB 564 do?
Amend various sections of KRS Chapters 116, 117, 118, and 119 relating to no-excuse in-person absentee voting, establishing excused in-person absentee voting, prohibiting the early disclosure of unofficial ballot count totals, requiring a tamper resistant seal to be placed on voting equipment, recording the public counter on voting machines before and after the days of in-person absentee voting, changing the time from which the State Board of Elections is required to furnish the county clerk with the appropriate voter registration list prior to an election from five to six days, permitting a disabled voter and military and overseas voters the ability to use the same electronic transmission system for requesting mail-in absentee ballots, removing the requirement that a voter return a mail-in absentee ballot seven days prior to an election, central ballot counting board requirements, ballot box requirements, location designation for the counting and reviewing of mail-in absentee ballots, prohibitions relating to voting equipment and systems from being connected to the internet, requirements relating to securing and locking voting equipment and voting systems, submission of precinct-by-precinct summary reports, requirements relating to the in-person absentee ballot signature roster, requiring a secure online connection for the transmittal of unofficial election results, requirements relating to external devices used to upload election results, requirements related to election officers duties of election administration, requiring the State Board of Elections to promulgate administrative regulations, changing the filing deadline for unexpired terms of partisan races, and creating a Class D Felony for any person who directly connects or attempts to directly connect a voting machine, voting equipment, or voting system to a public network, including the Internet; EMERGENCY.
Who sponsors HB 564?
HB 564 is sponsored by Josh Branscum (Republican), Jennifer Decker (Republican), Nancy Tate (Republican), James Tipton (Republican), B. Wheatley, and T.J. Roberts (Republican).
What is the current status of HB 564?
This bill has been enacted into law. Introduced February 23, 2022. Enacted.
Where can I track HB 564?
Track HB 564 free on One Click Politics — get push/email alerts when it moves.

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