Senate Bill 2

Actions | Amendments
Last Action 01/31/20: posted in committee
Title AN ACT relating to voter identification and making an appropriation therefor.
Bill Documents Current
Introduced
Fiscal Impact Statements Corrections Impact
Local Mandate
Additional Fiscal Impact Statements Exist
Bill Request Number 1168
Sponsors R. Mills, D. Thayer, R. Alvarado, D. Carroll, M. Castlen, C. Embry Jr., R. Girdler, S. Meredith, M. Nemes, S. West, P. Wheeler, M. Wilson, M. Wise
Summary of Original Version Create new sections of KRS Chapter 117 to allow a voter to cast a provisional ballot if the voter is unable to produce proof of identification, by executing a provisional voter's affidavit furnished by the State Board of Elections; describe the voting procedure for casting a provisional ballot; describe how to validate a provisional ballot or provisional absentee ballot by requiring the provisional voter to appear before the county clerk or county board of elections to provide an affidavit stating that the voter is the same individual who cast the provisional ballot or provisional absentee ballot, and to either show proof of identification or give a sworn statement as to the reasonable impediment that precluded the voter from obtaining proof of identification with an accompanying Social Security card, an identification card that has been approved by the State Board of Elections, any identification card with picture and signature, or a credit card; amend KRS 116.065 to include provisional ballots and provisional absentee ballots in the requirements for verification and the penalties of perjury; amend KRS 117.066 to clarify that there are two ballot boxes that are transferred to the county board of elections and to conform; amend KRS 117.077 to require proof of identification to be sent with the absentee ballot request; provide for the voter to cast a provisional absentee ballot if the voter did not submit proof of identification; amend KRS 117.085 to set out the requirements for provisional absentee voting when voting by mail and for canceling the absentee ballots when the voter is able to vote in person on election day; amend KRS 117.0851 to include provisional absentee ballots with absentee ballots in the tabulation procedures; amend KRS 117.086 to provide instructions to the absentee voter on how to vote a provisional absentee ballot; include provisional absentee ballots in absentee voting procedures; provide for provisional absentee ballots for persons who appear in person to vote an absentee ballot but who are unable to provide proof of identification; require separate ballot boxes and lists for absentee ballots and provisional absentee ballots; amend KRS 117.0863 to include provisional absentee ballots in the requirements for absentee ballots; amend KRS 117.0865 to include provisional absentee ballots in the prohibition against aiding another in completing an absentee ballot or encouraging the voter to vote in a particular way; amend KRS 117.087 to exclude all provisional absentee ballots from the requirements in the section; amend KRS 117.145 to require the county clerk to print a sufficient number of provisional absentee ballots, provisional voter affidavits, and provisional ballots; specify the form of the provisional absentee ballot, and provisional ballots; amend KRS 117.175 to include instructions for filling out provisional ballots, and provisional voter affidavits in the instruction cards provided by the county clerk; amend KRS 117.187 to include instruction on proof of identification in the training provided by the county board of elections; amend KRS 117.195 to include provisional ballots, provisional voter affidavits, and a locked ballot box for provisional ballots in the items furnished to each precinct by the county clerk; amend KRS 117.225 to require that a voter provide proof of identification in order to cast a vote in a precinct polling place; provide an exception to requiring proof of identification if the voter resides in a state licensed care facility where the voting is taking place; amend KRS 117.227 to delete the requirement that a person's identify may be confirmed by personal acquaintance or by specific documents other than those documents designated as providing proof of identification in this Act; amend KRS 117.245 to specify that the challenge procedures do not apply to failure to provide proof of identification; amend KRS 117.255 to include provisional voters and provisional ballots in the instructions for marking a spoiled ballot; amend KRS 117.265 to include provisional voters and provisional ballots in the instructions for write-in candidates; amend KRS 117.275 to provide for tabulation of provisional ballots by the county board of elections; amend KRS 117.305 to include provisional ballots and provisional absentee ballots in the recanvassing procedures; amend KRS 117.365 to include provisional voter affidavits in the documents to be presented to the grand jury; amend KRS 117.375 to include provisional ballot and provisional absentee ballot in the definition of "ballot" or "official ballot" and to define "proof of identification," "provisional voter," and "provisional ballot" or "provisional absentee ballot"; amend KRS 117.383 to include provisional ballot cards in the State Board of Elections requirement to design ballot cards; amend KRS 117.385 to include instructions on how a voter is to place a provisional ballot with the accompanying affidavit in the appropriate envelope and box in the presence of a precinct election officer; amend KRS 117.995 to include provisional voting in the penalty provisions relating to voting; amend KRS 118.015 to define "ballot" or "official ballot" to include provisional ballots and provisional absentee ballots; amend KRS 118.305 to require the county clerk to print provisional ballots and provisional absentee ballots for the voting machines, and to ensure that provisional absentee ballots are not tabulated or recorded for any candidate who was replaced; provide that candidates for members of boards of education shall have their names printed on the provisional ballots; ensure that only duly nominated candidates shall have their names printed on provisional absentee ballots and provisional ballots; amend KRS 118.405 to prohibit more than one appearance of a candidate's name on any provisional ballot or provisional absentee ballot; amend KRS 118A.010 to define "ballot" or "official ballot" to include provisional ballots and provisional absentee ballots; amend KRS 118A.100 to require county clerks to print on provisional ballots and provisional absentee ballots the candidates for offices of the Court of Justice; amend KRS 118A.130 to prohibit a judicial candidates name from appearing more than once on a provisional ballot or a provisional absentee ballot; amend KRS 118A.150 to allow only duly nominated candidates to the Court of Justice to have their names printed on provisional absentee ballots and provisional ballots; amend KRS 119.005 to redefine "ballot" or "official ballot" to include provisional ballots and provisional absentee ballots; amend KRS 120.005 to redefine "ballot" or "official ballot" to include provisional ballots and provisional absentee ballots; amend KRS 186.531 to allow a free standard personal identification card to an individual who does not then currently have a valid operator's license or commercial driver's license, is at least 18 years of age, and is otherwise eligible to vote in the regular election.
Index Headings of Original Version County Clerks - Voter identification, omnibus bill on
Courts - Elections, voter identification, omnibus bill on
Elections and Voting - Voter identification, omnibus bill on
Secretary of State - Elections, voter identification, omnibus bill on
State Agencies - State Board of Elections, omnibus voter identification bill
Transportation - Elections, voter identification and issuance of personal identification card, omnibus bill on
Administrative Regulations and Proceedings - State Board of Elections, omnibus voter identification bill
Circuit Clerks - Personal identification card, issuance of
Counties - Board of elections, omnibus voter identification bill
Corrections Impact - Elections, voter identification and issuance of personal identification card, omnibus bill on
Local Mandate - Elections, voter identification and issuance of personal identification card, omnibus bill on
Local Mandate - elections, voter identification and issuance of personal identification card, omnibus bill on
Jump to Proposed Amendments Senate Committee Substitute 1 with Fiscal Impact Statements
Votes Vote History

Actions

Top | Amendments
01/07/20
  • introduced in Senate
01/08/20
  • to State & Local Government (S)
01/10/20
  • taken from State & Local Government (S)
  • 1st reading
  • returned to State & Local Government (S)
01/13/20
  • taken from State & Local Government (S)
  • 2nd reading
  • returned to State & Local Government (S)
01/22/20
  • reported favorably, to Rules with Committee Substitute (1)
01/23/20
  • posted for passage in the Regular Orders of the Day for Thursday, January 23, 2020
  • 3rd reading, passed 29-9 with Committee Substitute (1)
01/24/20
  • received in House
01/28/20
  • to Elections, Const. Amendments & Intergovernmental Affairs (H)
01/31/20
  • posted in committee

Proposed Amendments

Top | Actions
Amendment Senate Committee Substitute 1
Fiscal Impact Statements Corrections Impact to Senate Committee Substitute 1
Fiscal Note to Senate Committee Substitute 1
Local Mandate to Senate Committee Substitute 1
Summary Retain the provisions of the bill with the following changes: replace the entirety of Sections 1 and 2 of the bill and re-create with two new sections of KRS Chapter 117 with the following changes: allow a voter to cast a ballot on the day of a primary or an election, who is unable to produce a photo proof of identification, if the voter executes a voter's affirmation furnished by the State Board of Elections affirming the reasonable impediment that precluded the voter from obtaining photo proof of identification; in addition to the affirmation, the voter must also provide an alternative ID such as an accompanying Social Security card, an identification card that has been approved by the State Board of Elections, any identification card with picture and signature, or debit or a credit card, in order for the voter to cast a ballot on the day of a primary or an election; allow voters who, on the day of a primary or an election, are unable to provide photo proof of identification, and are also unable to provide an alternative form of proof of identification, to cast a provisional ballot; the provisional voter will then have to personally appear before the county clerk not later than the close of business, the Friday immediately following a primary or an election, and provide either photo proof of identification, or provide an alternative identification with an affirmation affirming the reasonable impediment that precluded the voter from obtaining photo proof of identification; describe process to ensure a provisional voter's ballot is valid and counted; amend KRS 117.077 to remove provisional mail-in absentee voting and revert back to regular mail-in absentee voting with photo ID and affirmation requirements; amend KRS 117.085 to allow for in-person provisional absentee voting to conform to the same ID and affirmation requirements to those voters who vote on a primary or an election; amend KRS 117.086 to revert to regular mail-in absentee voting with photo ID and not provisional mail-in voting; amend KRS 117.087 to state that provisional in-person absentee voting shall be processed in accordance with those provisional votes cast on the day of a primary or an election; require affirmations that are returned with mail-in ballots to be verified for regularity; amend KRS 117.145 to remove requirements concerning provisional voting for mail-in absentee ballots; amend KRS 117.187 to require the county board of elections to include training on provisional absentee voting; amend KRS 117.275 to include retention of ballot affirmations; include ballot affirmations to be included as part of the public review when ballots are counted; amend KRS 117.305 to move the date for certification of votes for a special election from the day following a special election to the Tuesday following; amend KRS 117.383 to ensure provisional voting is conducted in accordance with HAVA; amend KRS 118.425 to move the date for certification of votes for any primary or an election from the Friday following an election to the Monday following an election; amend KRS 186.531 to remove the requirement of eligibility to vote in order to receive a free standard personal identification card; amend various sections of to conform; technical corrections.
Index Headings Technical Corrections - SB 2
Corrections Impact - Elections, voter identification and issuance of personal identification card, omnibus bill on
Fiscal Note - Elections, voter identification and issuance of personal identification card, omnibus bill on
Local Mandate - Elections, voter identification and issuance of personal identification card, omnibus bill on
County Clerks - Voter identification, omnibus bill on
Courts - Elections, voter identification, omnibus bill on
Elections and Voting - Voter identification, omnibus bill on
Secretary of State - Elections, voter identification, omnibus bill on
State Agencies - State Board of Elections, omnibus voter identification bill
Transportation - Elections, voter identification and issuance of personal identification card, omnibus bill on
Administrative Regulations and Proceedings - State Board of Elections, omnibus voter identification bill
Circuit Clerks - Personal identification card, issuance of
Counties - Board of elections, omnibus voter identification bill

Last updated: 2/14/2020 1:51 PM (EST)
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