Title 031 | Chapter 004 | Regulation 130


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31 KAR 4:130.Delivery and return of absentee ballots transmitted to covered voters via facsimile or electronically.

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.

HISTORY: (25 Ky.R. 1261; eff. 1-19-1999; 32 Ky.R. 1458; 1878; eff. 5-5-2006; 37 Ky.R. 91; 680; eff. 10-1-2010; 41 Ky.R. 536; 1031; eff. 12-5-2014.)

7-Year Expiration: 12/5/2021

Last Updated: 12/21/2021


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