117.086 Marking of absentee ballot -- Deposit of returned ballots -- Record. - Kentucky Statutes

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Page 1 of 2 117.086 Marking of absentee ballot -- Deposit of returned ballots -- Record. (1) The voter returning his absentee ballot by mail shall mark his ballot, seal it in the inner envelope and then in the outer envelope, and mail it to the county clerk as
shall be provided by this chapter. The voter shall sign the detachable flap and the
outer envelope in order to validate the ballot. 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. The signatures of
two (2) witnesses are required if the voter signs the form with the use of a mark
instead of the voter's signature. A resident of Kentucky who is a member of the
Armed Forces, a dependent of a member of the Armed Forces, or a citizen residing
overseas who has received an absentee ballot transmitted by facsimile machine 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 by administrative
regulation. In order to be counted, the ballots shall be received by the clerk by at
least the time established by the election laws generally for the closing of the polls,
which time shall not include the extra hour during which those voters may vote who
were waiting in line to vote at the scheduled poll closing time. (2) Any voter who shall be absent from the county on election day, but who does not qualify to receive an absentee ballot by mail under the provisions of KRS 117.085,
and all voters qualified to vote prior to the election under the provisions of KRS
117.085, shall vote at the main office of the county clerk or other place designated
by the county board of elections, and approved by the State Board of Elections,
prior to the day of election. The 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 absentee ballots, or any other voting equipment approved by the
State Board of Elections for use in Kentucky, except as follows:
(a) Any voter qualifying to vote in the clerk's office or other place designated by the county board of elections, and approved by the State Board of Elections,
who receives assistance to vote shall complete the voter assistance form
required by KRS 117.255. (b) Any voter qualifying to vote in the clerk's office or other place designated by the county board of elections, and approved by the State Board of Elections,
whose qualifications are challenged by any clerk or deputy shall complete an
"Oath of Voter" affidavit. (3) When the clerk uses general voting equipment as provided for in subsection (2) of this section, each voter casting his vote at the clerk's office or other place designated
by the county board of elections, and approved by the State Board of Elections,
shall sign an "Absentee Ballot Signature Roster." (4) The clerk shall designate a location within his office where the ballots shall be cast secretly. The county clerk, with the approval of the State Board of Elections, may
establish locations other than his main office in which the voters may execute their
ballots. Public notice of the locations shall be given pursuant to KRS Chapter 424
and similar notice by mail shall be given to the county chairmen of the two (2) Page 2 of 2 political parties whose candidates polled the largest number of votes in the county at
the last general election. (5) The State Board of Elections shall promulgate administrative regulations to provide for casting ballots as provided in subsection (2) of this section. (6) The clerk shall deposit all of the absentee ballots returned by mail in a locked ballot box immediately upon receipt without opening the outer envelope. The ballot box
shall be locked with three (3) locks. The keys to the box shall be retained by the
three (3) members of the central absentee ballot counting board, if one is appointed,
or by the members of the board of elections, and the box shall remain locked until
the ballots are counted. All voting equipment on which ballots are cast as permitted
in subsection (2) of this section shall also remain locked and the keys shall be
retained by the three (3) members of the central absentee ballot counting board, if
one is appointed, or by the members of the board of elections, and the equipment
shall remain locked until the ballots are counted. (7) The clerk shall keep a list of all persons who return their absentee ballots by mail or cast their ballots in the clerk's office or other place designated by the county board
of elections, and approved by the State Board of Elections, and send a copy of that
list to the state board after election day. The county clerk and the Secretary of State
shall keep a record of the number of votes cast by absentee ballots returned by mail
and 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, cast in
any election as a part of the official returns of the election. (8) The county board of elections shall report to the State Board of Elections within ten (10) days after any primary or general election as to the number of rejected absentee
ballots and the reasons for rejected absentee ballots on a form prescribed by the
State Board of Elections in administrative regulations promulgated under KRS
Chapter 13A. Effective: February 15, 2002
History: Amended 2002 Ky. Acts ch. 3, sec. 3, effective February 15, 2002. -- Amended 2000 Ky. Acts ch. 134, sec. 2, effective March 17, 2000. -- Amended 1998
Ky. Acts ch. 243, sec. 7, April 1, 1998; and ch. 386, sec. 2, effective April 7, 1998. --
Amended 1994 Ky. Acts ch. 394, sec. 12, effective July 15, 1994. -- Amended 1990
Ky. Acts ch. 48, sec. 19, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 341,
sec. 28, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 287, sec. 6, effective
July 15, 1986; and ch. 470, sec. 10, effective July 15, 1986. -- Repealed and
reenacted 1980 Ky. Acts ch. 73, sec. 2, effective July 15, 1980. -- Amended 1978
Ky. Acts ch. 71, sec. 2, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 130,
sec. 46, effective June 21, 1974. Formerly codified as KRS 117.325