31 KAR 4:160. Elections Emergency
Contingency Plan.
RELATES TO: KRS 39A.100, 117.045,
117.065, 117.085, 117.165, 117.187, 117.285, Chapter 424
STATUTORY AUTHORITY: KRS 39A.100(1)(k),
117.015(1)(b)
NECESSITY, FUNCTION, AND CONFORMITY: KRS
117.015(1)(b) requires the State Board of Elections to promulgate
administrative regulations establishing a procedure for election officials to
follow if an election has been suspended or delayed as described in KRS
39A.100(1)(k). This administrative regulation establishes this procedure.
Section 1. Definitions. (1)
"Affected county board of elections" means a county board of election
that is required to suspend or delay an election pursuant to an executive order
issued pursuant to KRS 39A.100(1)(k).
(2) "Affected county clerk"
means a county clerk in a county that is required to suspend or delay an
election pursuant to an executive order issued pursuant to KRS 39A.100(1)(k).
(3) "Affected election area"
means an election area for which a state of emergency has been declared for all
or part of an election area as specifically described by the Governor in an
executive order issued pursuant to KRS 39A.100(1)(k).
(4) "Elections Emergency Contingency
Plan" means the procedures established by this administrative regulation
for election officials to follow if an election has been suspended or delayed
pursuant to KRS 39A.100(1)(k) through the Governor's executive order.
(5) "Precinct election officer"
means an individual who has been appointed to serve as an election officer in a
precinct in accordance with the provisions of KRS 117.045.
(6) "Voting place" means a
place for voting established in accordance with the provisions of KRS 117.065.
Section 2. General Provisions. (1)
Election officials shall follow the Elections Emergency Contingency Plan as
specifically mandated by this administrative regulation in accordance with the
Governor's executive order, pursuant to KRS 39A.100(1)(k), suspending or
delaying an election.
(2) The procedures in the general
election laws, KRS Chapters 116 to 121A, shall be applicable to an election
conducted pursuant to the Elections Emergency Contingency Plan, unless
superseded by:
(a) The Governor's executive order,
pursuant to KRS 39A.100(k); or
(b) Provisions of this administrative
regulation.
(3) County boards of elections shall
establish procedures to implement the provisions of this administrative
regulation at the local level and shall file the "County Board of
Elections Notice of Establishment of Local Elections Emergency Contingency Plan
Procedures" Form SBE 20 on or before the first day of March of each year
in which a general election occurs.
(4) County boards of elections shall, in
accordance with KRS 117.187, train all precinct election officers prior to each
primary and general election on the procedures established by the county boards
of elections to implement the Elections Emergency Contingency Plan.
Section 3. Notification. After the
Governor has issued an executive order pursuant to KRS 39A.100(1)(k), the State
Board of Elections shall notify all county clerks in the affected election area
or statewide, in accordance with the Governor’s executive order.
Section 4. Voting Places. After
notification from the State Board of Elections of an executive order suspending
or delaying an election, an affected county board of elections shall:
(1) Identify the number of voting places
that are functional, that can be repaired, and that have been destroyed; and
(2) Establish new voting places, if
needed, in a manner consistent with KRS 117.065.
Section 5. Precinct Election Officers. If
an affected county board of elections determines that new precinct election
officers are required because of an emergency, the affected county board of elections
shall use the same list of precinct election officers from the suspended
election and may create a new list of additional precinct election officers in
a manner consistent with the provisions of KRS 117.045.
Section 6. Procedures for Conducting an
Election Rescheduled Prior to the Original Election Day. (1) Notification.
After notification from the State Board of Elections of an executive order
suspending or delaying an election, prior to the original date scheduled for an
election by law, the affected county clerk shall ensure that the public
receives prompt notification of the suspension or delay of an election in
accordance with KRS Chapter 424, if possible, and any other means available.
(2) Absentee voting. After notification
from the State Board of Elections of an executive order suspending or delaying
an election, an affected county clerk shall immediately:
(a) Suspend absentee voting being
conducted pursuant to KRS 117.085(1)(c); and
(b) Secure all voting machines being used
for absentee voting until absentee voting may be resumed in accordance with KRS
117.085(1)(c).
(3) Absentee ballots. After notification
from the State Board of Elections of an executive order suspending or delaying
an election, an affected county clerk shall immediately deposit all unvoted absentee
ballots and related materials in a secured and locked storage container or area
until absentee voting may be resumed in accordance with KRS 117.085(1)(c).
(4) Examination of
voting equipment.
(a) The date of examination of voting
equipment, conducted pursuant to KRS 117.165, which has been previously
noticed, but is affected by the suspension or delay of an election, shall be
re-noticed pursuant to KRS Chapter 424, if possible, and any other means
available.
(b) The affected county board of
elections shall not conduct a reexamination of the voting equipment if the
affected county board of elections has already conducted the examination
required by KRS 117.165 prior to receipt of the notice of the rescheduled election.
Section 7. Procedures for Conducting an
Election Rescheduled After the Commencement of the Original Election Day. (1)
Notification. After notification from the State Board of Elections of an executive
order suspending or delaying an election after the commencement of an election,
the affected county clerk shall ensure that the public receives immediate
notification of the suspension of the election and the date of the rescheduled
election by any means possible, including all electronic media available and
notice in accordance with KRS Chapter 424.
(2) Suspend general voting. After
notification from the State Board of Elections of an executive order suspending
or delaying an election, an affected county board of elections shall immediately:
(a) Suspend general voting being
conducted on all voting systems;
(b) Instruct the precinct election
officers to secure all voting machines being used for general voting until
voting may be resumed in accordance with the executive order issued pursuant to
KRS 39A.100(1)(k);
(c) Instruct the precinct election
officers to not closeout or tally the votes in the voting machines. The
precinct election officers shall ensure that all seals on the voting machines
are intact prior to storage in a secure location;
(d) Instruct the precinct election
officers to record the public counter number on the form furnished by the
county board of elections. The form shall be signed by all present precinct
election officers; and
(e) Instruct the precinct election
officers to return all election materials to the county board of elections.
(3) Ballots and election materials. After
notification from the State Board of Elections of an executive order suspending
or delaying an election, an affected county clerk shall immediately deposit all
election materials, including unvoted absentee ballots, paper ballots,
provisional ballots, precinct signature rosters, and related materials, in a
secured and locked storage container or area until voting may be resumed in
accordance with the executive order issued pursuant to KRS 39A.100(1)(k).
(4) Conduct of rescheduled election.
(a) If the precinct signature roster and
voting machines are intact from the original election date, then only those
persons duly registered to vote upon the original election date who did not
vote on that date shall be entitled to vote on the additional day of voting in
that precinct.
(b) If the precinct signature rosters or
the voting machines are not intact from the original election date:
1. Any person duly registered to vote
upon the original election date, regardless of whether that person voted on the
original election date, shall be entitled to vote on the additional day of
voting in that precinct;
2. If the signature rosters are destroyed
or incomplete and the voting machines are intact, the county board of elections
shall use a new set of precinct signature rosters provided by the State Board
of Elections, clear the voting machines of all votes, and reset the machines
for use in the rescheduled election; and
3. If the voting machines are not intact,
the county board of elections shall repair, replace, or acquire new voting
machines.
(c) Voting on the rescheduled election
day shall be accomplished by physically appearing at the voting place. The time
set by law for casting or canvassing a military, absentee, or special presidential
ballot shall not be extended by the executive order rescheduling the election.
Any absentee, military, or special presidential ballot duly received on the
original election date shall be valid.
Section 8. Release and Certification of
Election Returns. (1) If a statewide election is affected by the suspension or
delay of an election in an affected election area pursuant to KRS 39A.100
(1)(k):
(a) County boards of elections not
located in the affected election area that have races affected by the
suspension or delay of an election in an affected election area shall:
1. Withhold returns for affected races
until the county boards of elections in those counties where an election
has been suspended or delayed have conducted rescheduled elections and are able
to certify returns to the Secretary of State;
2. Not release any vote totals for the
affected races until the suspended election has been completed in the affected
counties;
3. Instruct the precinct election
officers to not closeout or tally the votes in the voting machines;
4. Instruct the precinct election
officers to remove the memory device that stores the vote totals on each voting
machine, to secure and seal each voting machine, and to not post the vote
totals of the affected races at the precinct as required by KRS 117.285. The precinct
election officers shall immediately return all election materials to the county
board of elections; and
5. Tally the vote totals from each
precinct and only post at the county clerk’s office the vote totals for those
races not affected by the suspension or delay pursuant to KRS 39A.100(1)(k).
(b) The State Board of Elections shall
notify the county boards of elections not located in the affected election area
that have races affected by the suspension or delay of an election in an
affected election area if vote totals are to be delayed and when vote totals
shall be certified to the Secretary of State.
(2) If a county election, or any part of
a county election, is suspended, the vote totals from an affected race shall
not be released by the affected county board of elections until after the polls
have closed in those precincts with delayed elections.
Section 9. Post-Election Deadlines. All
post-election timeframes and deadlines not specifically addressed in the
provisions of this administrative regulation that are enumerated in general
election laws shall be suspended until the rescheduled election occurs, in
accordance with the Governor’s executive order, pursuant to KRS 39A.100(1)(k).
Section 10. Incorporation by Reference.
(1) "County Board of Elections Notice of Establishment of Local Elections
Emergency Contingency Plan Procedures" SBE 20 (December 2005 edition), is
incorporated by reference.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the State Board of
Elections, 140 Walnut Street, Frankfort, Kentucky 40601, Monday through Friday,
8 a.m. to 4:30 p.m. (32 Ky.R. 1345; 1609; eff. 3-31-2006; 2056; 33 Ky.R. 27;
eff. 7-26-06.)