31 KAR 5:010. Absentee voting for military and overseas citizens for runoff primary elections.

      RELATES TO: KRS 116.055, 117.079, 117.085, 118.025, 118.245, 42 U.S.C. 1973

      STATUTORY AUTHORITY: KRS 117.079

      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 which allows the State Board of Elections 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 of the United States.

      Section 1. Military personnel serving on active duty outside of the United States and other residents of Kentucky residing outside of the United States who were eligible to vote in the primary election, pursuant to KRS 116.055, may vote in a runoff primary election held pursuant to KRS 118.025, by means of the Federal Write-In Absentee Ballot.

      Section 2. The procedures established in this section shall apply for voting in a runoff primary election for voters qualified pursuant to Section 1 of this administrative regulation.

      (1) In an election year in which the Secretary of State has determined the necessity for holding a runoff primary, the State Board of Elections shall, no later than June 1, notify the Federal Voting Assistance Program and post on its Web site, www.elect.ky.gov, the following information:

      (a) A notice concerning whether a runoff primary election is to be held;

      (b) The list of the slates of candidates certified by the Secretary of State for the runoff primary election;

      (c) A link to an electronic version of the Federal Write-In Absentee Ballot; and

      (d) A link to the mailing addresses of the county clerks offices in Kentucky.

      (2) The voter shall:

      (a) Print the Federal Write-In Absentee Ballot using the link from the State Board of Elections’ Web site or acquire a hard copy from a military voting assistance officer, embassy, or other appropriate contact person;

      (b) Follow the instructions for completing the Federal Write-In Absentee Ballot and, in the "Addendum" section of the Federal Write-In Absentee Ballot, the voter shall cast the ballot for the runoff primary election by writing in the office of the candidates in the first column and the name of the slates of candidates for that office for which the voter desires to vote in the second column;

      (c) Locate the appropriate county clerk mailing address using the link from the State Board of Elections’ Web site; and

      (d) Return the Federal Write-In Absentee Ballot by mailing it to the county clerk in either of the following:

      1. A Federal Write-In Absentee Ballot security envelope, which contains an inner envelope; or

      2. If security envelopes are not available, two (2) plain envelopes which contain all of the information on the Federal Write-In Absentee Ballot security envelope may be substituted.

      (3) The Federal Write-In Absentee Ballot shall be received by the appropriate county clerk by 6 p.m. local time on runoff primary election day to be counted.

      Section 3. The county clerk shall send by mail or facsimile machine, not later than the close of business hours seven (7) days before the election, the "Notice and Instructions for Voting in Primary Runoff Election for Military and Kentucky Residents Residing Outside of the United States", SBE 48E, to each voter who has timely submitted an absentee ballot application prior to the primary election in order to provide notice and instructions to voters who are military personnel and Kentucky residents residing outside of the United States of the procedures to follow for voting in a runoff primary election.

      Section 4. (1) Votes cast using the Federal Write-In Absentee Ballot shall not be classified as a write-in vote pursuant to KRS 117.265 if the vote is cast for a slate of candidates certified by the Secretary of State in accordance with Section 2(1)(b) 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. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Federal Write-In Absentee Ballot", Standard Form 186A, 10-2005; and

      (b) "Notice and Instructions for Voting in Primary Runoff Election for Military and Kentucky Residents Residing Outside of the United States", SBE 48E, June 2007 edition.

      (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.)