31 KAR 4:120. Additional and emergency precinct officers.

 

      RELATES TO: KRS 117.015, 117.045

      STATUTORY AUTHORITY: KRS 117.015(1)(a), 117.045(5), (6)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 117.015(1)(a) authorizes the State Board of Elections to promulgate administrative regulations necessary to implement the provisions of KRS Chapter 117. KRS 117.045(5) requires the county board of elections to submit a list of emergency election officer appointments to the State Board of Elections after all reasonable efforts have been made to find two (2) qualified officers, for each precinct, who are affiliated with the two (2) qualified parties having representation on the State Board of Elections. KRS 117.045(6) requires the State Board of Elections to promulgate an administrative regulation establishing conditions under which additional precinct officers may be approved. This administrative regulation establishes the conditions under which additional precinct officers may be approved, as required by KRS 117.045(6) and establishes the form of the list of emergency election officer appointments required by KRS 117.045(5).

 

      Section 1. Request to Appoint Additional Precinct Officers. A county board of elections seeking permission to appoint additional precinct officers pursuant to KRS 117.045(6) shall file with the State Board of Elections SBE 23, Additional Precinct Officer Request that contains the following information:

      (1) The precinct number of each precinct for which additional officers will be appointed;

      (2) For each designated precinct, the reasons additional precinct officers are necessary; and

      (3) The election for which approval is sought, designating whether the election is a primary, general, or special election.

 

      Section 2. Nondiscretionary Grounds for Approving Request. The State Board of Elections shall approve a request to appoint additional precinct officers at a precinct in which any of the following apply:

      (1) Two (2) or more voting machines will be used in the precinct;

      (2) Two (2) or more precincts use the same voting location; or

      (3) More than 600 voters are registered in the precinct.

 

      Section 3. Discretionary Grounds for Approving Request. The State Board of Elections may approve a request to appoint additional precinct officers if the request sets forth a reasonable explanation why voting may not be conducted safely and expediently unless additional precinct officers are appointed.

 

      Section 4. Approval of Request. (1) Approval of a request made under Section 2 of this administrative regulation may, be granted for one (1) election only or for a primary, the run-off primary, if required, and the following regular election.

      (2) Approval of a request made under Section 3 of this administrative regulation shall be granted for one (1) election only.

      (3) Approval of a request to appoint additional precinct officers authorizes a county board of elections to appoint, one (1) or two (2) additional precinct officers.

 

      Section 5. Duties of Additional Precinct Officers. The duties of additional precinct officers shall be prescribed by the county board of elections.

 

      Section 6. Request to Appoint Emergency Precinct Officers. A county board of elections seeking permission to appoint emergency precinct officers pursuant to KRS 117.045(5) shall file with the State Board of Elections SBE 24,Emergency Precinct Officer Request which contains the following information:

      (1) The precinct number of each precinct for which additional officers will be appointed;

      (2) The name of the officer requested, the registered party of the officer, and the party the officer will be serving as for the specified election;

      (3) The election for which approval is sought, designating whether the election is a primary, general, or special election; and

      (4) A description of the efforts made to acquire precinct officers in the party (democrat or republican) which did not have enough workers as required by KRS 117.045(5).

 

      Section 7. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Additional Precinct Officer Request", SBE 23, November 2007 edition; and

      (b) "Emergency Precinct Officer Request", SBE 24, August 2007 edition.

      (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. (25 Ky.R. 1260; eff. 1-19-1999; 34 Ky.R. 826; 1388; eff. 1-4-2008.)