31 KAR 4:160. Elections emergency contingency plan

Link to law: http://www.lrc.ky.gov/kar/031/004/160.htm
Published: 2015

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      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superseded by: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.)