††††† 31 KAR 5:010. Use of the federal write-in absentee ballot in elections for federal office.

 

††††† RELATES TO: KRS 117.079, 117.085, 42 U.S.C. 1973ff-2, 42 U.S.C. 1973ff-6

††††† STATUTORY AUTHORITY: KRS 117.079, 42 U.S.C. 1973ff-2

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 117.079 requires the State Board of Elections to promulgate 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. This administrative regulation establishes the requirements and procedures for absentee voting in a runoff primary election for residents of Kentucky residing outside of the United States and Kentucky residents who are military personnel serving on active duty outside of the United States to cast a ballot by use of the Federal Write-in Absentee Ballot.

 

††††† Section 1. Definitions. (1) "Absent voter" means a resident of Kentucky who is eligible and registered to vote and is an:

††††† (a) "Absent uniformed services voter" as defined by 42 U.S.C. 1973-ff-6(1); or (b) "Overseas voter" as defined by 42 U.S.C. 1973ff-6(5).

††††† (2) "FWAB" means the Federal Write-in Absentee Ballot developed by the Federal Voting Assistance Program.

 

††††† Section 2. Any absent voter may cast a ballot by use of the FWAB in any primary, regular, or special election for federal office as long as the voter has made or attempts to make timely application for, and does not receive the state absentee ballot in time to cast a ballot for the election. Any county board of elections that receives a voted FWAB shall assume that the absent voter has made or attempted to make timely application for a state absentee ballot.

 

††††† Section 3. When to count the FWAB. (1) A FWAB received by the county board of elections from an absent uniformed services voter shall not be counted if the FWAB is submitted from within the voterís county of residence.

††††† (2) A FWAB received by the county board of elections from an overseas voter shall not be counted if the ballot is submitted from any location in the United States.

 

††††† Section 4. Completing the FWAB. (1) In completing the FWAB:

††††† (a) The absent voter may designate a candidate in the following ways:

††††† 1. In a primary, by writing in the name of the candidate; or

††††† 2. In a general election, by writing in the name of the candidate or by writing in the name of a political party, in which case the ballot shall be counted for the candidate of that political party.

††††† (b) In the case of the offices of President and Vice President, a vote for a named candidate or a vote by writing in the name of a political party shall be counted as a vote for the electors supporting the candidate named.

††††† (c) Any abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party shall be disregarded in determining the validity of the ballot if the intention of the voter can be ascertained.

††††† (d) The requirements of 31 KAR 6:030 shall be suspended for the purposes of this administrative regulation.

††††† (2) The Federal Write-In Absentee Ballot shall not be used for purposes of voter registration or to request an absentee ballot.

 

††††† Section 5. Receipt Of State Ballot Overrides FWAB. (1) An absent voter who submits a FWAB and subsequently receives a state absentee ballot may submit the state absentee ballot.

††††† (2) The county board of elections shall not unseal or count the FWAB if the county clerk receives a valid and voted state ballot by 6:00 p.m., prevailing time, on election day.

††††† (3) The county clerk shall mark on the outer envelope of the sealed FWAB the words, Cancelled because state ballot received.

 

††††† Section 6. Prohibiting Refusal To Accept Ballot For Failure To Meet Certain Requirements. A county board of elections shall not refuse to accept and process any otherwise valid FWAB submitted in any manner by an absent voter solely on the basis of the following:

††††† (1) Notarization requirements;

††††† (2) Restrictions on paper type, including weight and size; and

††††† (3) Restrictions on envelope type, including weight and size.

 

††††† Section 7. Incorporation by Reference. (1) "Federal Write-In Absentee Ballot", Standard Form 186A, October 2005 edition, is incorporated by reference.

††††† (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. (17 Ky.R. 3582; eff. 6-7-91; 33 Ky.R. 3425; eff. 8-6-2007; 37 Ky.R. 2254; 2542; eff. 6-3-11.)