RELATES TO:
KRS
117.085,
117.086,
117A.030,
117A.080,
117A.120,
117A.130,
52 U.S.C.
20302
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
117.079 requires the State Board of
Elections, as circumstances warrant and with the concurrence of the Attorney
General, to promulgate necessary administrative regulations to preserve the
absentee voting rights of residents of Kentucky who are covered voters as
defined in
KRS
117A.010.
KRS
117.086(1) authorizes the
State Board of Elections to promulgate administrative regulations establishing
security requirements for the transmission of voted absentee ballots.
52 U.S.C.
20302(e) requires the states
to provide not less than one (1) means of electronic communication for use by
absent uniformed services voters and overseas voters who wish to register to
vote or vote in any jurisdiction in the state to request voter registration
applications and absentee ballot applications, for use by the state to send
voter registration applications and absentee ballot applications, and for the
purpose of providing related voting, balloting, and election information to
uniformed services voters and overseas voters.
KRS
117A.030(4) requires the
Secretary of State to establish an electronic transmission system through which
a covered voter may apply for and receive voter registration materials,
military-overseas ballots, and other information authorized under KRS Chapter
117A.
KRS
117A.030(5) requires the
Secretary of State to develop standardized absentee-voting materials, including
privacy and transmission envelopes and their electronic equivalents,
authentication materials, and voting instructions, to be used with the
military-overseas ballot of a voter authorized to vote in any jurisdiction in
the Commonwealth.
KRS
117A.030(6) requires the
Secretary of State to prescribe the form and content of a declaration for use
by a covered voter to swear or affirm specific representations pertaining to
the voter's identity, eligibility to vote, status as a covered voter, and
timely and proper completion of a military-overseas ballot.
KRS
117A.130 requires the Secretary of State, in
coordination with local election officials, to implement an electronic
free-access system by which a covered voter may determine by telephone,
electronic mail, or Internet whether the voter's federal postcard application
or other registration or military-overseas ballot has been received.
KRS
117A.030(2) authorizes the
Secretary of State to delegate to the State Board of Elections the
responsibility for the promulgation of administrative regulations necessary to
implement KRS Chapter 117A. The Secretary of State has delegated to the State
Board of Elections the responsibility for promulgating administrative
regulations implementing KRS Chapter 117A, including establishing and
implementing the electronic transmission system established by
KRS
117A.030(4), developing
standardized absentee-voting materials to be used with military-overseas
ballots pursuant to
KRS
117A.030(5), prescribing the
form of a declaration for use by a covered voter pursuant to
KRS
117A.030(6), and
establishing an electronic free-access system pursuant to
KRS
117A.130. This administrative regulation
establishes the procedures for the county clerk to follow when transmitting a
military-overseas ballot to a covered voter via facsimile or electronically and
for a covered voter to follow when filling out and returning a
military-overseas ballot that was transmitted to the covered voter via
facsimile or electronically, incorporates by reference standardized
absentee-voting materials and a declaration to be used by covered voters, and
implements the electronic free-access system pursuant to
KRS
117A.130.
Section
1. Definitions.
(1) "Covered
voter" is defined by
KRS
117A.010(1).
(2) "Federal postcard application" is defined
by
KRS
117A.010(3).
(3) "Instructions to Voter" means the
Instructions for Voting to a Covered Voter Who Has Been Faxed or Electronically
Transmitted a Military-Overseas Ballot, SBE 46A.
(4) "Military-overseas ballot" is defined by
KRS
117A.010(5).
(5) "Transmission sheet" means the Official
Election Materials - Electronic Transmission Sheet prescribed by the Federal
Voting Assistance Program.
Section
2. Delivering a Military-Overseas Ballot to a Covered Voter Via
Facsimile or Electronically.
(1) If the
county clerk receives a properly completed federal postcard application from a
covered voter who is eligible to vote in the jurisdiction and who requests that
balloting materials be transmitted to the covered voter via facsimile or
electronically, then for each election in which the covered voter is eligible
to vote, the county clerk shall:
(a) Prepare a
copy of the military-overseas ballot and mark the original, blank
military-overseas ballot, "Faxed to Covered Voter," if the covered voter
requested the military-overseas ballot to be transmitted to the covered voter
via facsimile, or "Electronically Transmitted to Covered Voter," if the covered
voter requested the military-overseas ballot to be transmitted to the covered
voter electronically;
(b) Complete
the county clerk's portion of the Instructions to Voter;
(c) If the covered voter has requested that
the blank absentee ballot be transmitted through the Federal Voting Assistance
Program, complete the Transmission Sheet; and
(d) Transmit the copy of the
military-overseas ballot, Instructions to Voter, Voter Verification and
Declaration, Voter Assistance Form, and Transmission Sheet, if the covered
voter has requested that the military-overseas ballot be transmitted through
the Federal Voting Assistance Program, to the covered voter via the method
requested by the covered voter.
(2) The original blank military-overseas
ballot shall be retained and not reused.
(3) A properly completed federal postcard
application shall be treated as an application for a military-overseas ballot
for all elections held after the date of the application through the next
regular election or December 31 of the year of the application, whichever is
later, unless the covered voter specifies a shorter time period.
Section 3. Ballot Security
Requirements for Returning a Military-Overseas Ballot Transmitted to a Covered
Voter Via Facsimile or Electronically. When a covered voter receives a
military-overseas ballot via facsimile or electronically:
(1) If the covered voter requires assistance
in voting, the covered voter and the person who assists the covered voter shall
complete the Voter Assistance Form, except the "Section to be Completed by
Precinct Election Officer";
(2) The
covered voter shall mark the military-overseas ballot and seal it in an
envelope;
(3) The covered voter
shall complete and sign the Voter Verification and Declaration;
(4) The covered voter shall place the Voter
Verification and Declaration, Voter Assistance Form, if the voter received
assistance in voting, and the envelope containing the military-overseas ballot
in a separate envelope and seal it;
(5) The covered voter shall print the covered
voter's name, voting address, and precinct number on the back of the outer
envelope;
(6) The covered voter
shall sign across the back flap of the outer envelope;
(7) The covered voter shall print "Absentee
Ballot" on the front of the outer envelope, without obstructing the address
area; and
(8) The covered voter
shall mail the envelope to the county clerk.
Section 4. Electronic Free-Access System.
Each county clerk shall either participate in the electronic free-access system
established by the State Board of Elections or establish a local electronic
free-access system by which a covered voter may determine by telephone,
electronic mail, or Internet whether the voter's federal postcard application
or other registration or military-overseas ballot application has been received
and accepted and whether the voter's military-overseas ballot has been
received.
Section 5. Incorporation
by Reference.
(1) The following material is
incorporated by reference:
(a) "Instructions
for Voting to a Covered Voter Who Has Been Faxed or Electronically Transmitted
a Military-Overseas Ballot", SBE 46A, rev. July 2014;
(b) "Voter Assistance Form", SBE 31, 02/06;
and
(c) "Voter Verification and
Declaration", SBE 46B, rev. July 2014.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the State Board of
Elections, 140 Walnut Street, Frankfort, Kentucky 40601, Monday through Friday,
8 a.m. to 4:30 p.m.
