RELATES TO: KRS 117.079, 117.086(6), 117A.050(2), 117A.060(3),
117A.100, 117A.130, 117A.160(1), 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. 52 U.S.C. 20302(a)(3) requires states to
permit absent uniformed service voters and overseas voters to use federal
write-in absentee ballots in general elections for federal office. 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
application has been received and accepted and whether the voter's
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 covering the use of the federal write-in absentee ballot and
establishing an electronic-free access system pursuant to KRS 117A.130. This
administrative regulation establishes the procedures for the use of the federal
write-in absentee ballot in elections in Kentucky 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 write-in
absentee ballot" is defined by KRS 117A.010(4).
(3) "Military-overseas ballot" is defined by
KRS 117A.010(5).
Section
2. Suspension of Provisions of
31 KAR 6:030. The requirements of
31 KAR 6:030, Uniform Definition of a Vote, Section 5(2)(a) and Section 6(1),
(2), and (9), shall be suspended for the purposes of this administrative
regulation.
Section 3. Receipt of
Federal Write-in Absentee Ballot. Upon receiving a federal write-in absentee
ballot, the county clerk shall:
(1) Not open
the inner security envelope;
(2)
Examine the voter's declaration/application accompanying the federal write-in
absentee ballot to determine whether it was submitted by a covered voter for
the purpose of registering to vote or requesting an absentee ballot;
(3) If the voter's declaration/application
accompanying the federal write-in absentee ballot was submitted by a covered
voter for the purpose of registering to vote or requesting an absentee ballot,
process the application in the same manner as a federal postcard
application;
(4) Enclose the
voter's declaration/application accompanying the federal write-in absentee
ballot and the inner security envelope in a separate envelope and label the
outer envelope "FWAB"; and
(5)
Deposit the outer envelope in a locked ballot box pursuant to KRS 117.086(6).
Section 4.
Receipt of State Ballot Overrides Federal Write-in Absentee Ballot.
(1) The federal write-in absentee ballot
shall remain in the locked ballot box pursuant to KRS 117.086(6) and not be
opened until after the deadline for receipt of the state absentee
ballot.
(2) If the county clerk
receives no later than the deadline for receipt of the state absentee ballot a
valid and voted state absentee ballot from a covered voter from whom the county
clerk also receives a federal write-in absentee ballot, the county clerk shall
not unseal the inner security envelope containing the federal write-in absentee
ballot and shall write on the inner security envelope containing the federal
write-in absentee ballot, "Cancelled because state absentee ballot
received."
Section 5.
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.
