13RS SB1
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SB1

13RS

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SB 1/LM (BR 177) - R. Stivers II, W. Westerfield

     AN ACT relating to elections.
    Establish KRS Chapter 117A and create new sections thereof to adopt the Uniform Military and Overseas Voters Act (UMOVA); define terms; provide that certain military and overseas voters are "covered voters" for purposes of the Act; provide that the Act applies to elections for federal, state, and local offices and ballot measures; provide that the Secretary of State shall develop an electronic transmission system through which a covered voter may apply for and receive absentee ballots and other elections information; allow the Secretary of State to delegate duties under KRS Chapter 117A to the State Board of Elections; provide that overseas voters shall be assigned to the voting precinct of the last place of residence in the state, or if no longer valid, to an assigned address in the same precinct and to give the Secretary of State authority to promulgate administrative regulations covering the procedures for assigning an address; provide that a covered voter may register to vote using the federal postcard application or its electronic equivalent or the declaration accompanying a federal write-in absentee ballot; provide that a covered voter may apply for a specified ballot using either the regular absentee ballot application or the federal postcard application or its electronic equivalent or the declaration accompanying a federal write-in absentee ballot; provide that an application for a specified ballot is timely if received by the close of business hours seven days before the election; provide time periods for ballots to be transmitted to covered voters; provide time periods for ballots to be received to be valid; provide that a covered voter may use a federal write-in absentee ballot for all offices and ballot measures for covered elections; provide that all valid ballots cast in accordance with provisions be counted if delivered by the end of business on the day before the vote totals are certified and that a ballot may not be rejected for a late or missing postmark if the voter has declared it was timely submitted; provide that all specified ballots be accompanied by a signed declaration that a material misstatement of fact may be grounds for a conviction of perjury; provide that the Secretary of State shall implement an electronic system to allow covered voters to determine if ballot application and ballot have been received and accepted; provide procedures for collecting and handling electronic-mail addresses from covered voters; provide that sample ballots shall be prepared at least 50 days before an election that includes all ballot measures and offices that are expected to be on the ballot; provide that sample ballots shall be posted on Internet Web sites and provided to requesting voters; provide that failure to satisfy a nonsubstantive requirement does not invalidate a document submitted under the chapter, that notarization and authentication are not required, and that if intention of the voter is discernible then the ballot must be accepted as a valid vote; provide that a court may issue an injunction or grant other equitable relief to ensure compliance with the chapter; provide that the Act should be construed with consideration of need to promote uniformity of the law among states that enact the Act; provide that KRS Chapter 117A modifies the federal Act governing electronic signatures to extent permitted and governs if inconsistent with other election laws; amend KRS 117.079, 117.085, and 117.086 to conform and to establish that uniformed-service voters and overseas voters are permitted to submit absentee ballot applications and ballots by facsimile, or by an electronic transmission system; Create a Military and Overseas Voting Assistance Task Force to study the election laws and absentee ballot procedures of the Commonwealth relating to military and overseas voters; direct task force to submit report to the Legislative Research Commission by November 27, 2013; Effective dates, delayed.

SB 1 - AMENDMENTS


     SCS/LM - Retain original provisions, except remove language allowing electronic return of voted absentee ballots; conform language to require voted absentee ballots to be received by the close of the polls to be counted; amend language governing the duration of standing requests for absentee ballots; amend KRS 118.740 to require proclamation or writs of elections to be forwarded to the sheriff at least 56 days before the election and to require the sheriff to give notice at least 49 days before the election; amend KRS 118.770 to require petitions and certificates of nomination for special elections to be filed at least 49 days before the day of the election; EMERGENCY.
     SCA (1/Title, J. Higdon) - Make title amendment.
     SFA (1, K. Stein) - Reinsert provisions relating to the casting of a military-overseas ballot by facsimile or means of an established electronic transmission system and related provisions regarding the timing of receipt of those military-overseas ballots transmitting by those methods.
     HCS/LM - Retain original provisions, except amend Section 4 to specify that voted absentee ballots may be returned by electronic transmission system; amend Sections 10 and 12 to specify that ballots mailed not later than 11:59 p.m. on the day before the election shall be counted if received by the end of business on the day before the total number of votes are certified; amend Section 15 to specify that a request for an absentee ballot be considered a standing request for all elections held through December 31 of the year following the calendar year of the date of the application; amend Section 23; delete sections establishing the Military and Overseas Voting Assistance Task Force.
     HFA (1, T. Riner) - Amend to require certification by the U.S. Election Assistance Commission or the National Institute of Standards and Technology of any electronic voting system used to receive voted electronic ballots from covered voters.
     HFA (2, T. Riner) - Amend to require certification by the U.S. Election Assistance Commission or the National Institute of Standards and Technology of any electronic voting system used to receive voted electronic ballots from covered voters.
     HFA (3, T. Riner) - Amend to require certification by the U.S. Election Assistance Commission or the National Institute of Standards and Technology of any electronic voting system used to receive voted electronic ballots from covered voters.
     HFA (4, T. Moore) - Retain original provisions, except remove language allowing electronic return of voted absentee ballots; conform language to require voted absentee ballots to be received by the close of the polls to be counted; amend language governing the duration of standing requests for absentee ballots; amend KRS 118.740 to require proclamation or writs of elections to be forwarded to the sheriff at least 56 days before the election and to require the sheriff to give notice at least 49 days before the election; amend KRS 118.770 to require petitions and certificates of nomination for special elections to be filed at least 49 days before the day of the election; EMERGENCY.
     HFA (5, T. Couch) - Retain original provisions, except remove language allowing electronic return of voted absentee ballots; conform language to require voted absentee ballots to be received by the close of the polls to be counted; amend language governing the duration of standing requests for absentee ballots; amend KRS 118.740 to require proclamation or writs of elections to be forwarded to the sheriff at least 56 days before the election and to require the sheriff to give notice at least 49 days before the election; amend KRS 118.770 to require petitions and certificates of nomination for special elections to be filed at least 49 days before the day of the election; EMERGENCY.
     CCR - Cannot agree.
     FCCR - Retain original provisions except delete the phrase "electronic mail delivery" from Section 9; amend KRS 117.079 notwithstanding the provisions of the Kentucky Open Records Act as to information contained in an application for an absentee ballot and provide that such information will not be made public until after the close of business hours on the election day for which the application applies; amend KRS 117.086 to require the clerk to keep a list for each election of all persons who return their absentee ballots by mail or who cast their ballots in person to send a copy of each list to the state board after the election day for which the list applies, and to provide that the list of all those who returned their absent ballots by mail or in person will not be made public until a time certain; create a new section of KRS Chapter 141 to define terms and to allow a qualified taxpayer/donor to receive a tax credit for donating edible agricultural products to nonprofit food programs; set the tax credit amount at 10 percent; establish requirements for pass-through entities; describe the forms required to be used to record donation information; describe standards for estimating the value of donated edible agricultural products; allow a tax credit to be carried forward to subsequent years; require the sunset of the tax credit after 4 years; amend KRS 141.0205 to specify the ordering of the credit; clarify the farm operation tax credit.

     Feb 15-introduced in Senate
     Feb 20-taken from Committee on Committees (S); 1st reading; returned to Committee on Committees (S); to Veterans, Military Affairs, & Public Protection (S)
     Feb 21-reported favorably, 2nd reading, to Rules with Committee Substitute, committee amendment (1-title) ; floor amendment (1) filed to Committee Substitute
     Feb 25-posted for passage in the Regular Orders of the Day for for Tuesday, February 26, 2013
     Feb 26-3rd reading; floor amendment (1) withdrawn ; passed 37-0 with Committee Substitute, committee amendment (1-title) ; received in House
     Feb 27-to Veterans, Military Affairs, & Public Safety (H); taken from Veterans, Military Affairs, & Public Safety (H); 1st reading; returned to Veterans, Military Affairs, & Public Safety (H); posting waived
     Feb 28-taken from Veterans, Military Affairs, & Public Safety (H); 2nd reading; returned to Veterans, Military Affairs, & Public Safety (H); posted in committee
     Mar 5-reassigned to Elections, Const. Amendments & Intergovernmental Affairs (H); posting waived
     Mar 6-floor amendment (2) filed to Committee Substitute, floor amendment (1) filed
     Mar 7-floor amendments (3) (4) and (5) filed to Committee Substitute ; reported favorably, to Rules with Committee Substitute
     Mar 11-taken from Rules; placed in the Orders of the Day for Monday, March 11, 2013; 3rd reading, passed 57-42 with Committee Substitute
     Mar 12-received in Senate; posted for passage for concurrence in House Committee Substitute ; Senate refused to concur in House Committee Substitute ; received in House; posted for passage for receding from House Committee Substitute ; House refused to recede from Committee Substitute ; Conference Committee appointed in House and Senate
     Mar 26-Conference Committee report filed in House and Senate; Conference Committee report adopted in House and Senate; Free Conference Committee appointed in House and Senate; Free Conference Committee report filed in House and Senate; posted for passage for consideration of Free Conference Report ; Free Conference Committee report adopted in House; Bill passed 91-0; received in Senate; posted for passage for consideration of Free Conference Report ; Free Conference Committee report adopted in Senate; Bill passed 38-0; enrolled, signed by each presiding officer; delivered to Governor
     Apr 5-signed by Governor (Acts Chapter 131)

Vote History
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