Kentucky Regulations § 31 KAR 4:130 Delivery and return of absentee ballots transmitted to covered voters via facsimile or electronically

RELATES TO: KRS 117.085 , 117.086 , 117A.030 , 117A.080 , 117A.120 , 117A.130 , 52 U.S.C. 20302

NECESSITY, FUNCTION, AND CONFORMITY: KRS 117.079 requires the State Board of Elections, as circumstances warrant and with the concurrence of the Attorney General, to promulgate necessary administrative regulations to preserve the absentee voting rights of residents of Kentucky who are covered voters as defined in KRS 117A.010 . KRS 117.086 (1) authorizes the State Board of Elections to promulgate administrative regulations establishing security requirements for the transmission of voted absentee ballots. 52 U.S.C. 20302 (e) requires the states to provide not less than one (1) means of electronic communication for use by absent uniformed services voters and overseas voters who wish to register to vote or vote in any jurisdiction in the state to request voter registration applications and absentee ballot applications, for use by the state to send voter registration applications and absentee ballot applications, and for the purpose of providing related voting, balloting, and election information to uniformed services voters and overseas voters. KRS 117A.030 (4) requires the Secretary of State to establish an electronic transmission system through which a covered voter may apply for and receive voter registration materials, military-overseas ballots, and other information authorized under KRS Chapter 117A. KRS 117A.030 (5) requires the Secretary of State to develop standardized absentee-voting materials, including privacy and transmission envelopes and their electronic equivalents, authentication materials, and voting instructions, to be used with the military-overseas ballot of a voter authorized to vote in any jurisdiction in the Commonwealth. KRS 117A.030 (6) requires the Secretary of State to prescribe the form and content of a declaration for use by a covered voter to swear or affirm specific representations pertaining to the voter's identity, eligibility to vote, status as a covered voter, and timely and proper completion of a military-overseas ballot. KRS 117A.130 requires the Secretary of State, in coordination with local election officials, to implement an electronic free-access system by which a covered voter may determine by telephone, electronic mail, or Internet whether the voter's federal postcard application or other registration or military-overseas ballot has been received. KRS 117A.030 (2) authorizes the Secretary of State to delegate to the State Board of Elections the responsibility for the promulgation of administrative regulations necessary to implement KRS Chapter 117A. The Secretary of State has delegated to the State Board of Elections the responsibility for promulgating administrative regulations implementing KRS Chapter 117A, including establishing and implementing the electronic transmission system established by KRS 117A.030 (4) , developing standardized absentee-voting materials to be used with military-overseas ballots pursuant to KRS 117A.030 (5) , prescribing the form of a declaration for use by a covered voter pursuant to KRS 117A.030 (6) , and establishing an electronic free-access system pursuant to KRS 117A.130 . This administrative regulation establishes the procedures for the county clerk to follow when transmitting a military-overseas ballot to a covered voter via facsimile or electronically and for a covered voter to follow when filling out and returning a military-overseas ballot that was transmitted to the covered voter via facsimile or electronically, incorporates by reference standardized absentee-voting materials and a declaration to be used by covered voters, and implements the electronic free-access system pursuant to KRS 117A.130 .