††††† 31 KAR 4:140. Electronic submission of the Federal Post Card Application and delivery of the absentee ballot for military, their dependents, and overseas citizens.

 

††††† RELATES TO: KRS 116.995, 117.079, 117.085, 117.995, 119.265, 369.107, 42 U.S.C. 1973

††††† STATUTORY AUTHORITY: KRS 116.045(4)(e), 117.015(1)(a), 117.079, 117.086(1), 42 U.S.C. 1973ff-1

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 117.079 requires the board to promulgate necessary administrative regulations to preserve the absentee voting rights of residents of Kentucky who are military personnel serving on active duty outside the United States and other residents of Kentucky residing outside the United States, as circumstances warrant and with the concurrence of the Attorney General. The Military and Overseas Voter Empowerment Act of 2009, Pub.L. 111-84, codified at 42 U.S.C. 1973ff-1(a-f), requires the states to provide not less than one means of electronic communication by which military and overseas voters may use to register to vote, send voter registration applications and absentee ballot applications, and for providing and receiving related voting, blank balloting, and election materials and information. 42 U.S.C. 1973ff-1(h) requires each state to develop a free access system by which an absent uniformed services voter or overseas voter may determine whether the absentee ballot has been received by the county clerk. KRS 116.045(4)(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 117.086(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 electronically.

 

††††† Section 1. Definitions. (1) "Absentee ballot application" means the Federal Post Card Application, Standard Form 76, electronically sent to the county clerk.

††††† (2) "FVAP" means the Federal Voting Assistance Program, an office within the Department of Defense responsible for administering UOCAVA and MOVE.

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

††††† (4) "MOVE" means the Military and Overseas Citizen Empowerment Act, Pub.L. 111-84, codified at 42 U.S.C. 1973ff-1.

††††† (5) "Registered voter" means a resident of Kentucky who is eligible to vote and is a:

††††† (a) Military personnel;

††††† (b) Dependent of a member of the Military; or

††††† (c) Other resident of Kentucky residing outside the United States.

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

††††† (7) "UOCAVA" means the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff.

††††† (8) "Voter verification sheet" means the SBE 46B, the form the registered voter signs and includes the voter assistance oath.

 

††††† Section 2. (1) A county clerk that has online capabilities shall follow the process established by this administrative regulation in administering UOCAVA and MOVE for the electronic transmission of Federal Post Card Applications, absentee ballot requests, and blank absentee ballots.

††††† (2) The county clerk shall use the electronic mailing address provided or recognized by the Kentucky Department of Transportation to receive a voterís Federal Post Card Application, to send a blank absentee ballot, and to send election related materials.

††††† (3) The county clerk shall accept any properly completed Federal Post Card Application received electronically for the purposes of voter registration and application for an absentee ballot for all elections that occur after the date the application is received until the next general election from any registered voter as defined by this administrative regulation.

 

††††† Section 3. Processing a Completed Application electronically. (1) If the county clerk receives notification of a voterís absentee ballot application electronically less than seven (7) days before the applicable election, the county clerk shall not process the application.

††††† (2) If the county clerk receives notification of a voterís completed absentee ballot application electronically not less than seven (7) days before the election, then the county clerk shall affix his or her seal to the absentee ballot application.

††††† (3) The county clerk shall then verify the voterís eligibility. If the voter is eligible to vote in the current election, then the county clerk shall prepare a PDF copy of the original blank absentee ballot. The original blank absentee ballot shall then be marked "Emailed to {Military or Overseas} Voter" and retained.

††††† (4) The original blank absentee ballot shall not be reused. The electronic copy of the original blank absentee ballot shall be sent electronically to the voter, along with the transmission sheet, Instructions to voter sheet, and the voter verification sheet, to either the FVAP Electronic Transmission Service at the email address listed on the transmission sheet or directly to the voter at the email address provided on the voterís absentee ballot application.

 

††††† Section 4. Voterís Instructions on Completing an Absentee Ballot Received Electronically. (1) When a voter receives an absentee ballot electronically from the county clerk, the voter shall print the absentee ballot, mark the absentee ballot, and seal it in an inner envelope.

††††† (2) The voter shall then complete and sign the Voter Verification Sheet. If the voter requires assistance, the person rendering assistance shall complete the voter assistance section on the voter verification sheet.

††††† (3) The voter shall print the voter's name, voting address, and precinct number on the back of the outer envelope as found on the voter verification sheet. The voter shall then seal the voter verification sheet and the inner envelope containing the absentee ballot in an outer envelope. The voter shall then sign across the back flap of the outer envelope. The voter shall print "Absentee Ballot" on the front of the outer envelope without obstructing the address area.

††††† (4) The voter shall mail the envelope to the appropriate county clerk. The absentee ballot shall be required to be received, by 6 p.m. local time on Election Day, to the county clerk through the mail in order to be counted.

 

††††† Section 5. Military and Overseas Voter Free Access System. (1) The voter may determine the date the county clerk delivered the blank absentee ballot to the voter and the date the voterís voted ballot was received by the county clerk by utilizing the Absentee Ballot Status Inquiry System on the State board of Elections' Web site, http://www.elect.ky.gov/.

††††† (2) The county clerk shall participate in the free access system developed by the State Board of Elections or create a similar system on the local level by which the requirements of 42 U.S.C. 1973ff-1(h) are fulfilled.

 

††††† Section 6. If any person has knowledge of a failure to execute the duties established by this administrative regulation, the person shall contact the State Board of Elections or the Attorney Generalís Office to make a complaint of a violation in accordance with KRS 116.995, 117.995(2), or 119.265.

 

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

††††† (a) "Instructions for Faxing or Emailing an Absentee Ballot to a Qualified Kentucky Resident", SBE 46, June 2010;

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

††††† (c) "Official Elections Material - Electronic Transmission Sheet";†††† (d) "Instructions for Voting to a Qualified Kentucky Resident Who Has Been Faxed or Electronically Sent an Absentee Ballot", SBE 46A, June 2010; and

††††† (e) "Voter Verification Sheet", SBE 46B, June 2010.

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Offices of the State Board of Elections, 140 Walnut Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (31 Ky.R. 1030; Am. 1232; eff. 1-21-2005; 33 Ky.R. 1420; 1788; eff. 2-2-07; 37 Ky.R. 94; 682; eff. 10-1-2010.)