Title 031 | Chapter 005 | Regulation 040
SUPERSEDED
This document is no longer current.
STATE BOARD OF ELECTIONS
(New Administrative Regulation)
31 KAR 5:040.Questions regarding voter eligibility.
Section 1.
(1)
A voter unable to provide proof of identification as required under KRS 117.225, and as defined 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 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)
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 they are 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 they are registered to vote at the location where the individual has presented 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;(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 themselves, the election officer shall:(a)
Inform the individual of the location where they are properly registered vote, if known;(b)
Inform the individual of their ability to request a hearing before the county board of elections;(c)
Inform the individual of 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 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, 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. Should such an emergency condition exist, 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)
Should a county board of elections 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)
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, 04/2024;(c)
"Oath of Voter", Form SBE 32, 04/2024;(d)
"Provisional Ballot Precinct Signature Roster", Form SBE 35, 04/2024;(e)
"Voter Affirmation Form", Form SBE 71, 04/2022;(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.KAREN SELLERS, Executive Director
APPROVED BY AGENCY: April 12, 2024
FILED WITH LRC: April 15, 2024 at 10:56 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this new administrative regulation shall be held on June 28, 2024, at 10:00 a.m. ET, at the office of the State Board of Elections. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. This hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until June 30, 2024. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Taylor Brown, General Counsel, 140 Walnut Street, Frankfort, Kentucky 40601, phone (502) 782-9499, email TaylorA.Brown@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Taylor Brown
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes procedures for when a voter’s eligibility is questioned and the forms that are to be completed when necessary.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary so that statewide uniform procedures exist when a voter’s eligibility is questioned. 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 requires the State Board of Elections to prescribe and furnish forms that voters must complete if a voter is unable to provide proof of identification or is otherwise known to an election officer.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 117.015(1)(a) authorizes the State Board of Elections to promulgate administrative regulations necessary to properly carry out its duties.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation allows for clear standards and procedures regarding situations where a voter’s eligibility is questioned.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
(b) The necessity of the amendment to this administrative regulation:
(c) How the amendment conforms to the content of the authorizing statutes:
(d) How the amendment will assist in the effective administration of the statutes:
This is a new administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation will affect voters in the Commonwealth who have their eligibility questioned, as well as the county election officials who must determine their eligibility.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
To comply with this administrative regulation, voters and county election officials will need to complete a form or attend a hearing.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The State Board of Elections estimates that the implementation of this administrative regulation will cost voters and county election officials no more funds than are already being expended.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Compliance with this new administrative regulation will benefit voters and county election officials by adding digital convenience to the voting experience through the already used e-poll book and the teleconferencing already authorized under KRS 61.826.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The State Board of Elections anticipates this administrative regulation will cost no more funds than are already being expended.
(b) On a continuing basis:
The State Board of Elections anticipates this administrative regulation will cost no more funds than are already being expended.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Funds from the State Board of Elections’ administrative budget will be used in the implementation and enforcement of this administrative regulation.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
Implementation of this administrative regulation can be achieved without an increase in fees or funding by the General Assembly.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No fees are associated with this administrative regulation.
(9) TIERING: Is tiering applied?
Tiering is not used in this administrative regulation, as a desired result of the promulgation of this administrative regulation is uniform procedures for the administration of elections throughout all of the counties in the Commonwealth.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 117.015(1)(a), 117.035(4)(c), KRS 117.025(3)(d),117.228, 61.826 require and authorize the actions taken by this administrative regulation.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
This administrative regulation will affect the promulgating agency, the State Board of Elections.
(a) Estimate the following for the first year:
Expenditures:
The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
Revenues:
It is not expected or intended that this administrative regulation will generate any revenue.
Cost Savings:
The State Board of Elections expects that this administrative regulation will not generate any specific cost savings.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The State Board of Elections does not anticipate expenditures, revenues, or cost savings to differ in subsequent years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
This administrative regulation will affect county election officials.
(a) Estimate the following for the first year:
Expenditures:
The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
Revenues:
It is not expected or intended that this administrative regulation will generate any revenue.
Cost Savings:
The State Board of Elections expects that this administrative regulation may save county election officials transportation costs should a voter desire a hearing under KRS 117.035(4)(c).
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The State Board of Elections does not anticipate expenditures, revenues, or cost savings to differ in subsequent years.
(4) Identify additional regulated entities not listed in questions (2) or (3):
This administrative regulation will affect voters of the Commonwealth.
(a) Estimate the following for the first year:
Expenditures:
The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
Revenues:
It is not expected or intended that this administrative regulation will generate any revenue.
Cost Savings:
The State Board of Elections expects that this administrative regulation may save voters transportation costs should they desire a hearing under KRS 117.035(4)(c).
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The State Board of Elections does not anticipate expenditures, revenues, or cost savings to differ in subsequent years.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
The State board of Elections expects that this administrative regulation will have a minimal fiscal impact on the regulated entities.
(b) Methodology and resources used to determine the fiscal impact:
This determination of this administrative regulation’s fiscal impact is made by the listed contact person and other agency staff based on their collective experience with the subject matter.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
The State Board of Elections does not expect that this administrative regulation will result in a negative or adverse major economic impact to the entities identified in questions (2)-(4).
(b) The methodology and resources used to reach this conclusion:
This conclusion is made by the listed contact person and other agency staff based on their collective experience with the subject matter.
STATE BOARD OF ELECTIONS
(New Administrative Regulation)
31 KAR 5:040.Questions regarding voter eligibility.
Section 1.
(1)
A voter unable to provide proof of identification as required under KRS 117.225, and as defined 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 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)
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 they are 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 they are registered to vote at the location where the individual has presented 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;(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 themselves, the election officer shall:(a)
Inform the individual of the location where they are properly registered vote, if known;(b)
Inform the individual of their ability to request a hearing before the county board of elections;(c)
Inform the individual of 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 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, 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. Should such an emergency condition exist, 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)
Should a county board of elections 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)
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, 04/2024;(c)
"Oath of Voter", Form SBE 32, 04/2024;(d)
"Provisional Ballot Precinct Signature Roster", Form SBE 35, 04/2024;(e)
"Voter Affirmation Form", Form SBE 71, 04/2022;(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.KAREN SELLERS, Executive Director
APPROVED BY AGENCY: April 12, 2024
FILED WITH LRC: April 15, 2024 at 10:56 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this new administrative regulation shall be held on June 28, 2024, at 10:00 a.m. ET, at the office of the State Board of Elections. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. This hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until June 30, 2024. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Taylor Brown, General Counsel, 140 Walnut Street, Frankfort, Kentucky 40601, phone (502) 782-9499, email TaylorA.Brown@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Taylor Brown
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes procedures for when a voter’s eligibility is questioned and the forms that are to be completed when necessary.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary so that statewide uniform procedures exist when a voter’s eligibility is questioned. 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 requires the State Board of Elections to prescribe and furnish forms that voters must complete if a voter is unable to provide proof of identification or is otherwise known to an election officer.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 117.015(1)(a) authorizes the State Board of Elections to promulgate administrative regulations necessary to properly carry out its duties.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation allows for clear standards and procedures regarding situations where a voter’s eligibility is questioned.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
(b) The necessity of the amendment to this administrative regulation:
(c) How the amendment conforms to the content of the authorizing statutes:
(d) How the amendment will assist in the effective administration of the statutes:
This is a new administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation will affect voters in the Commonwealth who have their eligibility questioned, as well as the county election officials who must determine their eligibility.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
To comply with this administrative regulation, voters and county election officials will need to complete a form or attend a hearing.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The State Board of Elections estimates that the implementation of this administrative regulation will cost voters and county election officials no more funds than are already being expended.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Compliance with this new administrative regulation will benefit voters and county election officials by adding digital convenience to the voting experience through the already used e-poll book and the teleconferencing already authorized under KRS 61.826.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The State Board of Elections anticipates this administrative regulation will cost no more funds than are already being expended.
(b) On a continuing basis:
The State Board of Elections anticipates this administrative regulation will cost no more funds than are already being expended.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Funds from the State Board of Elections’ administrative budget will be used in the implementation and enforcement of this administrative regulation.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
Implementation of this administrative regulation can be achieved without an increase in fees or funding by the General Assembly.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No fees are associated with this administrative regulation.
(9) TIERING: Is tiering applied?
Tiering is not used in this administrative regulation, as a desired result of the promulgation of this administrative regulation is uniform procedures for the administration of elections throughout all of the counties in the Commonwealth.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 117.015(1)(a), 117.035(4)(c), KRS 117.025(3)(d),117.228, 61.826 require and authorize the actions taken by this administrative regulation.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
This administrative regulation will affect the promulgating agency, the State Board of Elections.
(a) Estimate the following for the first year:
Expenditures:
The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
Revenues:
It is not expected or intended that this administrative regulation will generate any revenue.
Cost Savings:
The State Board of Elections expects that this administrative regulation will not generate any specific cost savings.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The State Board of Elections does not anticipate expenditures, revenues, or cost savings to differ in subsequent years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
This administrative regulation will affect county election officials.
(a) Estimate the following for the first year:
Expenditures:
The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
Revenues:
It is not expected or intended that this administrative regulation will generate any revenue.
Cost Savings:
The State Board of Elections expects that this administrative regulation may save county election officials transportation costs should a voter desire a hearing under KRS 117.035(4)(c).
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The State Board of Elections does not anticipate expenditures, revenues, or cost savings to differ in subsequent years.
(4) Identify additional regulated entities not listed in questions (2) or (3):
This administrative regulation will affect voters of the Commonwealth.
(a) Estimate the following for the first year:
Expenditures:
The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
Revenues:
It is not expected or intended that this administrative regulation will generate any revenue.
Cost Savings:
The State Board of Elections expects that this administrative regulation may save voters transportation costs should they desire a hearing under KRS 117.035(4)(c).
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The State Board of Elections does not anticipate expenditures, revenues, or cost savings to differ in subsequent years.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
The State board of Elections expects that this administrative regulation will have a minimal fiscal impact on the regulated entities.
(b) Methodology and resources used to determine the fiscal impact:
This determination of this administrative regulation’s fiscal impact is made by the listed contact person and other agency staff based on their collective experience with the subject matter.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
The State Board of Elections does not expect that this administrative regulation will result in a negative or adverse major economic impact to the entities identified in questions (2)-(4).
(b) The methodology and resources used to reach this conclusion:
This conclusion is made by the listed contact person and other agency staff based on their collective experience with the subject matter.