RELATES TO:
KRS
117.015,
117.085,
117.086,
117.187,
117.275,
117.383,
42
U.S.C. 15481
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
117.015(1)(a) authorizes the
State Board of Elections to promulgate administrative regulations necessary to
properly carry out its duties.
KRS
117.383(1) requires the
State Board of Elections to prescribe rules and administrative regulations to
achieve and maintain the maximum degree of correctness, impartiality, and
efficiency of the procedures of voting.
42
U.S.C. 15481, Section
301
of the Help America Vote Act of 2002, requires the states to maintain voting
systems that preserve the privacy of the voter and the confidentiality of the
ballot, produce a record of the election, and provides accessibility for
individuals with disabilities. This administrative regulation establishes
procedures for maintaining security in the election process ensuring the
maximum degree of correctness, impartiality, and efficiency in elections and
ensures that the voting systems used in the state are maintained in a condition
to meet the requirements of
42
U.S.C. 15481.
Section 1. General Provisions.
(1) The county board of elections shall:
(a) Establish an election and voting
equipment security plan covering all elections in the county and the security
of all voting systems and equipment used in the county; and
(b) File the County Board of Elections Notice
of Establishment of Elections and Voting Equipment Security Plan Form SBE 19,
on or before the first day of August of 2008 and on or before the first day of
March of each year beginning in 2009.
(2) The county boards of elections shall
train all precinct election officers prior to each primary and general election
on the procedures established by the county boards of elections to implement
the Elections and Voting Equipment Security Plan during the training required
by
KRS
117.187.
Section 2. The Elections and Voting Equipment
Security Plan shall include security measures in each of the following areas:
(1) The storage of election equipment
hardware and software and related election materials, including maintaining the
following:
(a) A list of all personnel with
keys and access to the election equipment storage area;
(b) An access log including sign in and out
times and dates of all personnel given access to the storage area;
(c) A list of all equipment by serial number
and quantity; and
(d) An inventory
record of each piece of voting equipment, including the following:
1. Serial number;
2. A history of repairs, replacements, and
upgrades, if applicable, including who performed and who witnessed the
maintenance performed;
3. Current
location and condition;
4. Precinct
assignments for Election Day; and
5. A detailed log of delivery to and from
precincts on election day;
(2) The storage and tracking of paper
ballots, providing an accounting for all ballots issued to a precinct on
election day and a record of all security seal numbers used to seal ballot
containers and tabulators;
(3) The
processing and storage of voter registration and voting records in the clerk's
office;
(4) Password
administration, including designating a member of the county clerk's staff as
the "password administrator" to issue passwords, maintain a master list of all
passwords issued, and reissue all passwords on a periodic basis;
(5) Absentee voting for mail-in ballots and
in-house voting, pursuant to
KRS
117.085 and
117.086;
(6) A checklist for precinct election
officers to follow for opening and closing the precincts on Election Day,
including:
(a) Designating a secure location
in each precinct for the voting equipment to be stored upon delivery and until
the precinct election officers arrive at the precinct;
(b) A procedure for placement of the voting
equipment in the precinct to limit access to the voting equipment's power
control, counter controls, and results storage media to only authorized
personnel;
(c) A procedure to
verify the serial numbers, security seals, and protective counter number of
each piece of voting equipment prior to the opening of the polls;
(d) A procedure to count and verify all paper
ballots, provisional ballots, and election supplies prior to the opening of the
polls;
(e) A procedure to validate
the number of voter activation devices after the polls have closed and secure
the devices for transport back to the county clerk's office; and
(f) A procedure for securing and accounting
for all voting equipment after the closing of the polls; and
(7) Securing and storing the
voting equipment after Election Day and in between elections and maintenance of
election materials for the period required pursuant to
KRS
117.275.
Section 3. Incorporation by Reference.
(1) "County Board of Elections Notice of
Establishment of Elections and Voting Equipment Security Plan", SBE 19 (2/08),
is incorporated by reference.
(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.
