31 KAR 4:140. Submitting absentee ballot applications to the Department of Defense Interim Voting Assistance System (IVAS) by electronic mail.

31 KAR 4:140. Submitting absentee ballot applications to the Department of Defense Interim Voting Assistance System (IVAS) by electronic mail.

RELATES TO: KRS 117.079, 117.085, 369.107, and 42 U.S.C. 1973

STATUTORY AUTHORITY: KRS 117.015(1)(a), 117.079, 42 U.S.C. 1973ff-1

NECESSITY, FUNCTION, AND CONFORMITY: KRS 117.015(1) authorizes the State Board of Elections to promulgate administrative regulations necessary to properly carry out its duties. 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 Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, authorizes the Department of Defense to implement an interim voting assistance system for the purposes of expediting the absentee voting process for deployed members of the Armed Forces of the United States using existing e-mail technology. This administrative regulation implements IVAS.

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

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

(3) "IVAS" means the Department of Defense Interim Voting Assistance System.

(4) "Registered voter" means a resident of Kentucky who is eligible to vote and is a deployed member of the Armed Forces of the U.S.

(5) "Voter verification sheet" means the form the registered voter signs and the voter assistance oath.

Section 2. Processing a Completed Application by Electronic Mail. (1) If the absentee ballot application is received by electronic mail from IVAS less than seven (7) days before the applicable election, the county clerk shall not process the application.

(2) If the completed absentee ballot application is received by electronic mail from IVAS 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 voter’s eligibility. If the voter is eligible to vote in the current election, then the county clerk shall prepare an electronic copy in Portable Document Format (PDF) of the original absentee ballot. The original absentee ballot is then marked "Electronically Mailed to IVAS" and retained.

(4) The original absentee ballot shall not be reused. The electronic copy of the original absentee ballot shall be sent by electronic mail to IVAS, along with the Instructions to voter sheet and the voter verification sheet.

Section 3. Voter’s Instructions on Completing an Electronic Absentee Ballot Received From IVAS. (1) When a voter receives an absentee ballot by electronic mail, 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 his or her 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, but shall not obstruct 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 4. Incorporation by Reference. (1) The following material is incorporated by reference:

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

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

(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).