31 KAR 5:040REG

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STATEMENT OF EMERGENCY

31 KAR 5:040E

STATE BOARD OF ELECTIONS

(Emergency Amended at ARRS Committee)

31 KAR 5:040E.Questions regarding voter eligibility.

RELATES TO:

KRS 14.302, 61.826, 117.001, 117.015, 117.025, 117.035, 117.225, 117.227, 117.228, 117.245, 118.025

STATUTORY AUTHORITY:

KRS 61.826, 117.015

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 117.015(1)(a) authorizes the State Board of Elections to promulgate administrative regulations necessary to properly administer the election laws of the state. KRS 117.035(4)(c) requires that county boards of election meet and stay in session on primary, regular election, and special election days to correct clerical errors, to rules on questions regarding voter registration, proof of identification, and the curing of signatures relative to mail-in absentee ballots. KRS 117.025(3)(d) requires the State Board of Elections to select the required format for any voter registration list provided to a county clerk. KRS 117.228 details the procedures for casting a ballot if a voter is unable to provide proof of identification or is otherwise known to an election officer and requires the State Board of Elections to prescribe and furnish forms that voters are required to complete in these circumstances. This administrative regulation establishes procedures for when a voter's eligibility is questioned and the forms that are to be completed if necessary.

Section 1. (1)

A voter unable to provide proof of identification as required under KRS 117.225, and as defined by KRS 117.001(15), shall:

(a)

Meet the requirements of KRS 117.228(1)(c) by executing SBE Form 71, Voter Affirmation Form; and

(b)

Provide alternative proof of identification as required by KRS 117.228(2).

(2)

A voter personally known to an election officer may cast a ballot in accordance with KRS 117.228(4) upon the election officer executing SBE Form 72, Election Officer Affirmation Form.

(3)

SBE 71 and SBE 72 shall be forwarded to the local Commonwealth's Attorney following the election.

Section 2. (1)

If an individual presents himself or herself to an election officer to vote and is not found on the signature roster provided to the county under KRS 117.025(3)(b) or (3)(c) and is not a participant in the Safe at Home Program authorized under KRS 14.302, the individual may vote upon the following taking place:

(a)

The individual shall provide to the election officer proof of identification as required by KRS 117.225, or the individual shall follow the procedures of KRS 117.228 if he or she is unable to provide proof of identification;

(b)

The election officer shall contact the county clerk's office and verify that the information provided by the individual establishes that he or she is registered to vote at the location where the individual has presented himself or herself;

(c)

The individual shall complete the Form SBE 32, Oath of Voter;

(d)

The individual shall complete the Form SBE 01, Commonwealth of Kentucky Voter Registration Application;

(e)

The individual shall sign the Form SBE 25, Supplemental Precinct Signature Roster; and

(f)

The election officer shall inform the individual that the Form SBE 32, Oath of Voter shall be forwarded to the local Commonwealth's Attorney following the election.

(2)

If the election officer is unable to verify through the county clerk's office that the individual is properly registered to vote in the location where the individual has presented himself or herself, the election officer shall:

(a)

Inform the individual of the location where he or she is properly registered vote, if known;

(b)

Inform the individual of his or her ability to request a hearing before the county board of elections; and

(c)

1.

Inform the individual of his or her ability to cast a provisional ballot for the federal elective office of President, Vice President, United States Senator, and United States House of Representative; and

2.

If an individual chooses to cast a provisional ballot for an applicable federal elective office, the election officer shall have the individual sign the Form SBE 35, Provisional Ballot Precinct Signature Roster.

(3)

All Form SBE 25, Supplemental Precinct Signature Rosters and Form SBE 35, Provisional Ballot Precinct Signature Rosters, if used for the purposes described in this section, shall be completed digitally through an e-poll book unless there is an emergency condition that renders the e-poll book inoperable, in which case paper forms shall be used. If an emergency condition exists, the election officer shall record the circumstances of the emergency condition on the paper forms.

Section 3.

During the days that voting may occur during any primary, regular election, and special election, including voting by mail-in absentee ballot, a county board of elections may elect to meet the requirements of KRS 117.035(4)(c) via a video teleconference subject to the mandates of KRS 61.826.

(1)

If a county board of elections elects to meet via video teleconference during a day in which voting may occur, the county clerk's office and each voting location in use in the county shall have technology available to every voter so that the voter may appear before the county board at no financial expense to the voter.

(2)

If a county board of elections elects not to meet via video teleconference during a day in which voting may occur, a voter desiring to appear before the county board shall be provided with an option so that the voter may appear before the county board via teleconference, provided that the voter can make themselves available via the same teleconferencing technology the county board has chosen to utilize for such hearings.

Section 4.

Incorporation by Reference.

(1)

The following material is incorporated by reference:

(a)

"Commonwealth of Kentucky Voter Registration Application", Form SBE 01, 04/2024;

(b)

"Supplemental Precinct Signature Roster", Form SBE 25, 09/2020;

(c)

"Oath of Voter", Form SBE 32, 04/2022;

(d)

"Provisional Ballot Precinct Signature Roster", Form SBE 35, 09/2020;

(e)

"Voter Affirmation Form", Form SBE 71, 04/2022; and

(f)

"Election Officer Affirmation Form", Form SBE 72, 04/2022.

(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. This material is also available on the board's Web site at https://elect.ky.gov.

FILED WITH LRC: July 9, 2024

CONTACT PERSON: Taylor Brown, General Counsel, 140 Walnut Street, Frankfort, Kentucky 40601, phone (502) 782-9499, email TaylorA.Brown@ky.gov.

STATEMENT OF EMERGENCY

31 KAR 5:040E

STATE BOARD OF ELECTIONS

(Emergency Amended at ARRS Committee)

31 KAR 5:040E.Questions regarding voter eligibility.

RELATES TO:

KRS 14.302, 61.826, 117.001, 117.015, 117.025, 117.035, 117.225, ~~117.245,~~ 117.227, 117.228, 117.245, 118.025

STATUTORY AUTHORITY:

KRS 61.826, 117.015

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 117.015(1)(a) authorizes the State Board of Elections to promulgate administrative regulations necessary to properly administer the election laws of the state. KRS 117.035(4)(c) requires that county boards of election meet and stay in session on primary, regular election, and special election days to correct clerical errors, to rules on questions regarding voter registration, proof of identification, and the curing of signatures relative to mail-in absentee ballots. KRS 117.025(3)(d) requires the State Board of Elections to select the required format for any voter registration list provided to a county clerk. KRS 117.228 details the procedures for casting a ballot if a voter is unable to provide proof of identification or is otherwise known to an election officer and requires the State Board of Elections to prescribe and furnish forms that voters are required to~~must~~ complete in these circumstances. This administrative regulation establishes procedures for when a voter's eligibility is questioned and the forms that are to be completed if~~when~~ necessary.

Section 1. (1)

A voter unable to provide proof of identification as required under KRS 117.225, and as defined by~~under~~ KRS 117.001(15), shall:

(a)

Meet the requirements of KRS 117.228(1)(c) by executing SBE Form 71, Voter Affirmation Form; and

(b)

Provide alternative proof of identification as required by KRS 117.228(2).

(2)

A voter personally known to an election officer may cast a ballot in accordance with KRS 117.228(4) upon the election officer executing SBE Form 72, Election Officer Affirmation Form.

(3)

~~Both the~~ SBE 71 and SBE 72 shall be forwarded to the local Commonwealth's Attorney following the election.

Section 2. (1)

If an individual presents himself or herself~~themselves~~ to an election officer to vote and is not found on the signature roster provided to the county under KRS 117.025(3)(b) or (3)(c) and is not a participant in the Safe at Home Program authorized under KRS 14.302, the individual may vote upon the following taking place:

(a)

(b)

The election officer shall contact the county clerk's office and verify that the information provided by the individual establishes that he or she is~~they are~~ registered to vote at the location where the individual has presented himself or herself~~themselves~~;

(c)

The individual shall complete the Form SBE 32, Oath of Voter;

(d)

The individual shall complete the Form SBE 01, Commonwealth of Kentucky Voter Registration Application;

(e)

The individual shall sign the Form SBE 25, Supplemental Precinct Signature Roster; and

(f)

The election officer shall inform the individual that the Form SBE 32, Oath of Voter shall be forwarded to the local Commonwealth's Attorney following the election.

(2)

(a)

Inform the individual of the location where he or she is~~they are~~ properly registered vote, if known;

(b)

Inform the individual of his or her~~their~~ ability to request a hearing before the county board of elections; and

(c)

1.

Inform the individual of his or her~~their~~ ability to cast a provisional ballot for the federal elective office of President, Vice President, United States Senator, and United States House of Representative; and

2. (3)

All Form SBE 25, Supplemental Precinct Signature Rosters and Form SBE 35, Provisional Ballot Precinct Signature Rosters, if~~when~~ used for the purposes described in this section, shall be completed digitally through an e-poll book unless there is an emergency condition that renders the e-poll book inoperable, in which case paper forms shall be used. If~~Should such~~ an emergency condition exists~~exist~~, the election officer shall record the circumstances of the emergency condition on the paper forms.

Section 3. (1)

If~~Should~~ a county board of elections elects~~elect~~ to meet via video teleconference during a day in which voting may occur, the county clerk's office and each voting location in use in the county shall have technology available to every voter so that the voter may appear before the county board at no financial expense to the voter.

(2)

Section 4.

Incorporation by Reference.

(1)

The following material is incorporated by reference:

(a)

"Commonwealth of Kentucky Voter Registration Application", Form SBE 01, 04/2024;

(b)

"Supplemental Precinct Signature Roster", Form SBE 25, 09/2020~~04/2024~~;

(c)

"Oath of Voter", Form SBE 32, 04/2022~~04/2024~~;

(d)

"Provisional Ballot Precinct Signature Roster", Form SBE 35, 09/2020~~04/2024~~;

(e)

"Voter Affirmation Form", Form SBE 71, 04/2022; and

(f)

"Election Officer Affirmation Form", Form SBE 72, 04/2022.

(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~~ Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the board's Web site at https://elect.ky.gov.

FILED WITH LRC: July 9, 2024

CONTACT PERSON: Taylor Brown, General Counsel, 140 Walnut Street, Frankfort, Kentucky 40601, phone (502) 782-9499, email TaylorA.Brown@ky.gov.

Page Generated: 9/19/2024, 12:15:11 PM

Title 031 | Chapter 005 | Regulation 040E

31 KAR 5:040E.Questions regarding voter eligibility.

RELATES TO:

STATUTORY AUTHORITY:

NECESSITY, FUNCTION, AND CONFORMITY:

Section 1.

(1)

(a)

(b)

(2)

(3)

Section 2.

(1)

(a)

(b)

(c)

(d)

(e)

(f)

(2)

(a)

(b)

(c)

1.

2.

(3)

Section 3.

(1)

(2)

Section 4.

(1)

(a)

(b)

(c)

(d)

(e)

(f)

(2)

31 KAR 5:040E.Questions regarding voter eligibility.

RELATES TO:

STATUTORY AUTHORITY:

NECESSITY, FUNCTION, AND CONFORMITY:

Section 1.

(1)

(a)

(b)

(2)

(3)

Section 2.

(1)

(a)

(b)

(c)

(d)

(e)

(f)

(2)

(a)

(b)

(c)

1.

2.

(3)

Section 3.

(1)

(2)

Section 4.

(1)

(a)

(b)

(c)

(d)

(e)

(f)

(2)