117.255 Instruction of voters -- Assistance and certification of voters requiring assistance -- Manner of voting -- Report of violations. - Kentucky Statutes

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Page 1 of 2 117.255 Instruction of voters -- Assistance and certification of voters requiring assistance -- Manner of voting -- Report of violations. (1) The voter shall be instructed by the officers of election, with the aid of the instruction cards and the model, in the use of the machine, if the voter so requests. (2) Except for those voters who have been certified as requiring assistance on a permanent basis, no voter shall be permitted to receive any assistance in voting at
the polls unless he makes and signs an oath that, because of blindness, other
physical disability, or an inability to read English, he is unable to vote without
assistance. The oath shall be upon a voter assistance form prescribed by the State
Board of Elections. Any person assisting a voter shall complete the voter assistance
form. (3) Upon making and filing the oath with the precinct clerk, the voter requiring assistance shall retire to the voting machine or ballot completion area with the
precinct judges, and one (1) of the judges shall, in the presence of the other judge
and the voter, operate the machine or complete the ballot as the voter directs. A
voter requiring assistance in voting may, if he prefers, be assisted by a person of his
own choice who is not an election officer, except that the voter's employer, an agent
of the voter's employer, or an officer or agent of the voter's union shall not assist a
voter. (4) The precinct election clerk shall swear a person assisting a voter in voting to operate the voting machine or complete the ballot in accordance with the directions of the
voter, and the person sworn shall enter the voting booth or ballot completion area
and operate the machine or complete the ballot for the voter as the voter directs. (5) A voter who requires voting assistance on a permanent basis because of blindness or other physical disability may apply to the county board of elections for
certification. Application may be made when registering to vote or completing the
voter assistance form by indicating that the reason for obtaining assistance is
permanent. The county board of elections shall determine whether the applicant
requires assistance on a permanent basis. The county board of elections shall notify
the county clerk of persons certified as requiring permanent voting assistance and
the county clerk shall enter the certification on the voter's registration record. The
State Board of Elections shall indicate on the precinct roster of voters those voters
who are certified to receive assistance permanently without signing the voter
assistance form at the precinct. (6) "Voting booth" or "ballot completion area" means an area in which a voter casts his vote or completes his ballot which is designed to insure the secrecy of the vote. No
voter shall be assisted under this subsection unless the judges and the sheriff of
election are satisfied of the truth of the facts stated in the oath. The voter shall state
in his oath the specific reason that requires him to receive assistance. (7) No voter shall be permitted to occupy the voting machine more than two (2) minutes if other voters are waiting to use it, except that those voters who because of
a disability need extra time to cast a ballot shall be given a reasonable amount of
time to vote. Page 2 of 2 (8) In primary elections, before a voter is permitted to use the voting machine, a judge of the election shall adjust the machine so that the voter will only be able to vote for
the persons for whom the voter is qualified to vote. (9) If the machine is so constructed as to require adjustment after one person has voted before another person may vote, the judges of election shall adjust it after each
person has voted. (10) The election officers shall constantly maintain a watch in order to prevent any person from voting more than once. (11) If supplemental paper ballots have been approved, as provided in KRS 118.215, the voter shall vote his ballot in privacy in a booth provided for that purpose by the
county clerk. If the voter spoils his ballot, he shall return the spoiled paper ballot to
an election official who shall stamp the ballot "Spoiled," initial and place the
spoiled ballot in an envelope provided for that purpose. The voter shall be issued a
second supplemental paper ballot. Upon completion of voting, the voter shall
remove the numbered stub from the ballot, hand the stub to an election official and
deposit the voted ballot in the locked ballot box in the presence of precinct election
officials. (12) The election sheriff shall be responsible for reporting violations of this section. Effective: April 5, 2007
History: Amended 2007 Ky. Acts ch. 133, sec. 1, effective April 5, 2007. -- Amended 1998 Ky. Acts ch. 243, sec. 11, effective April 1, 1998. -- Amended 1996 Ky. Acts
ch. 270, sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 394, sec. 17,
effective July 15, 1994; and ch. 405, sec. 15, effective July 15, 1994. -- Amended
1990 Ky. Acts ch. 48, sec. 28, effective July 13, 1990. -- Amended 1988 Ky. Acts
ch. 341, sec. 32, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 287, sec. 9,
effective July 15, 1986; and ch. 470, sec. 14, effective July 15, 1986. -- Amended
1982 Ky. Acts ch. 360, sec. 40, effective July 15, 1982. -- Amended 1976 (1st Extra.
Sess.) Ky. Acts ch. 1, sec. 8, effective March 19, 1977. -- Created 1974 Ky. Acts
ch. 130, sec. 39, effective June 21, 1974.