31 KAR 4:130. Submitting Federal Post Card Application by facsimile.

      RELATES TO: KRS 116.0452, 117.085, 117.086, 42 U.S.C. 1973

      STATUTORY AUTHORITY: KRS 116.045(4)(c), (e), 117.015(1)(a), 117.086(1), 42 U.S.C. 1973ff-1

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 117.015(1)(a) authorizes the State Board of Elections to promulgate administrative regulations necessary to properly carry out its duties. 42 U.S.C. 1973ff-1 provides that each state shall use the official post card form for simultaneous voter registration application and absentee ballot application. KRS 116.045(4)(c) provides that any person may register to vote or may change his or her party affiliation by means of the Federal Post Card Application if the person is a resident of Kentucky and a member of the Armed Forces, a dependent of members of the Armed Forces, or an overseas citizen. KRS 116.045(e) authorizes the State Board of Elections to approve methods of registration for any person to register to vote or change his or her party affiliation. KRS 117.085(1)(b) mandates that the county boards of elections accept the Federal Post Card Application by facsimile and that the application may be used to register to vote and to apply for an absentee ballot. KRS 117.086(1) authorizes the State Board of Elections to promulgate absentee ballot security requirements. This administrative regulation establishes procedures for the county clerk and the qualified voter to follow when transmitting and receiving the Federal Post Card Application and transmitting the absentee ballot by facsimile.

      Section 1. Definitions. (1) "Application" means the Federal Post Card Application, Standard Form 76.

      (2) "Instructions to voter" means the Instructions for Voting to a Qualified Kentucky Resident Who Has Been Faxed an Absentee Ballot, SBE 46A.

      (3) "Transmission sheet" means the Official Election Materials - Electronic Transmission Sheet.

      Section 2. Who May Request Federal Post Card Application by Facsimile. (1) Any resident of Kentucky may transmit a request for an application to the office of the county clerk of the county where the applicant resides via facsimile if the applicant meets one (1) of the following criteria:

      (a) Is a member of the Armed Forces;

      (b) Is a dependent of a member of the Armed Forces; or

      (c) Is a citizen residing overseas.

      (2) If the applicant desires to have the application faxed to him or her, the applicant shall indicate this and the appropriate facsimile number on his or her request.

      Section 3. Requests for Applications. (1) Upon receiving a request for an application by facsimile from or on behalf of a person who meets the requirements listed in Section 2(1), a county clerk shall complete the transmission sheet and the county clerk's portion of the application. The county clerk shall then transmit the transmission sheet and the application to the Federal Voting Assistance Program at one (1) of the numbers listed on the transmission sheet.

      (2) The county clerk shall not transmit the application directly to the applicant. The Federal Voting Assistance Program shall transmit the application to the applicant via facsimile. If the applicant does not clearly request that the application be sent via a facsimile machine, then the county clerk may transmit the application by the U.S. mail.

      Section 4. Processing a Completed Application by Facsimile. (1) The county clerk shall accept any properly-completed Federal Post Card Application by facsimile for the purposes of voter registration and application for an absentee ballot from any person who fulfills the eligibility requirements listed in Section 2(1) of this administrative regulation.

      (2) The county clerk shall accept a properly-completed application for voter registration at any time consistent with the timelines established by KRS 116.0452.

      (3) If an application for an absentee ballot is received by facsimile less than seven (7) days before the applicable election, the county clerk shall not process the application. If a completed application for an absentee ballot is received by facsimile not less than seven (7) days before the election, then the county clerk shall affix his or her seal to the application, in accordance with KRS 117.085(1)(b).

      (4) The county clerk shall verify the applicant’s eligibility. If the applicant is eligible to vote in the current election, then the county clerk shall prepare a faxable copy of the original absentee ballot.

      (5) The county clerk shall mark the original absentee ballot "Faxed to Absentee Voter" and the ballot shall be retained. The original absentee ballot shall not be reused.

      (6) The county clerk shall complete a transmission sheet, the county clerk's portion of the voter verification sheet, SBE 46B, and the instructions to voter sheet. The faxable copy of the original absentee ballot shall be sent via facsimile, along with the voter verification sheet, the instructions to voter sheet and the transmission sheet to one (1) of the Federal Voting Assistance Program facsimile numbers listed on the transmission sheet.

      (7) The county clerk shall not transmit the ballot and related materials directly to the voter. The Federal Voting Assistance Program shall transmit the documents to the voter via facsimile. If the county clerk receives a faxed application which does not clearly indicate whether the ballot is to be transmitted by mail or by facsimile, the county clerk shall transmit the absentee ballot by U.S. mail.

      Section 5. Voter's Instructions on Completing an Absentee Ballot Received Via Facsimile. (1) When a voter receives an absentee ballot via facsimile, the voter shall mark the absentee ballot and seal it in an inner envelope. The voter shall then complete and sign the voter verification sheet.

      (2) If the voter required assistance, the person rendering assistance shall complete the voter assistance section on the voter verification sheet.

      (3) The voter shall:

      (a) Print his or her name, voting address, and precinct number on the back of the outer envelope as found on the voter verification sheet;

      (b) Seal the voter verification sheet and the inner envelope containing the absentee ballot in an outer envelope;

      (c) Place his or her signature across the back flap of the outer envelope;

      (d) Print "Absentee Ballot" on the front of the outer envelope, but shall not obstruct the address area; and

      (e) Mail the envelope to the address for the county clerk located on the voter instruction sheet.

      (4) The absentee ballot shall be received by the county clerk through U.S. mail by the time established by the general election laws for the closing of the polls in accordance with KRS 117.086(1) in order to be counted.

      Section 6. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) SBE 46, "Instructions for Faxing an Absentee Ballot to a Qualified Kentucky Resident" (December 2005 edition);

      (b) "Official Elections Material - Electronic Transmission Sheet" (2004 edition);

      (c) "Federal Post Card Application", Standard Form 76 (Rev. 10-2005);

      (d) SBE 46A, "Instructions for Voting to a Qualified Kentucky Resident Who Has Been Faxed an Absentee Ballot" (December 2005 edition); and

      (e) SBE 46B, "Voter Verification Sheet" (December 2005 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. 1261; eff. 1-19-99; 32 Ky.R. 1458; 1878; eff. 5-5-2006.)