31 KAR 6:030. Uniform definition of a
vote.
RELATES TO: KRS 117.265, 117.379,
117.381, 42 U.S.C. 15481
STATUTORY AUTHORITY: KRS 117.015(1), 42
U.S.C. 15481(a)(6)
NECESSITY, FUNCTION, AND CONFORMITY: KRS
117.015(1) authorizes the State Board of Elections to promulgate administrative
regulations necessary to properly carry out its duties. 42 U.S.C. 15481(a)(6)
requires each state to adopt uniform and nondiscriminatory standards that
define what constitutes a vote and what will be counted as a vote for each
category of voting system used in the state. This administrative regulation
establishes those standards.
Section 1. Definitions. (1)
"Accessibility device" means any mechanism:
(a) Used to aid the voter in casting a
vote for a candidate or an answer to a question on the ballot; and
(b) That is approved pursuant to KRS
117.379 and 117.381.
(2) "Ballot" is defined by KRS
117.375(6).
(3) "Ballot label" is defined
by KRS 117.375(5).
(4) "Direct recording electronic voting
system" or "DRE voting system" means a computer-driven unit that
counts votes cast by a voter through the use of a touchscreen, a button, or an
approved accessibility device, and that processes and records the data by means
of internal memory devices.
(5) "First name" means an
individual's name or names given at birth, as distinguished from a family name
or surname.
(6) "Name" means one (1) or
more first names coupled with one (1) or more surnames.
(7) "Nickname" means a
shortened version of an individual's name or a descriptive or alternative name,
in addition to or instead of the first name or surname of an individual.
(8) “Overvote” means a voter has made
more than the permitted number of selections in a single race except when a voter
casts a vote using a straight party option and votes for an opposing candidate
in a particular race.
(9) "Scan voting system" means
a tabulating device that reads paper ballots by detecting voters' marks by
electronic means.
(10) "Surname" means the family
name bestowed at birth, acquired by marriage, or legally adopted by choice.
(11) "Touchscreen" means a
screen on a DRE voting system that the voter touches to enter selections in
casting a ballot in an election.
(12) "Write-in vote" means a
vote on a ballot on which the voter writes, types, or uses an approved
accessibility device to record, the surname of an eligible write-in candidate
in the space reserved on the ballot for write-in votes and, on a paper ballot,
properly marks the oval or box or connects the arrow according to the
directions provided to the voter.
Section 2. A ballot may be paper or
electronic.
Section 3. Definition of a Vote for the
Direct Recording Electronic Voting System.
(1) A vote on a direct recording
electronic voting system shall be the choice made when a voter selects a
candidate, or the desired answer to a question, and touches the screen, presses
a button, or uses an approved accessibility device to cast a ballot.
(2) To select a candidate or an answer to
a question, the voter shall:
(a) Press the appropriate place on the
touchscreen, press the button, or use an approved accessibility device to
choose a candidate or answer to a question for which the voter desires to vote;
(b) Type on the touchscreen or use the
scrolling device to select on the screen the letters for the name of a write-in
candidate in accordance with the instructions for voting on the DRE voting
system and press the appropriate place on the touchscreen or press the button
to record the write-in vote; or
(c) Press the appropriate place on the ballot
label to designate a write-in candidate and write in the name of an eligible
candidate on the paper provided in the write-in candidate window.
(3) To cast a ballot, the voter shall:
(a) Press the place on the touchscreen or
press the button designated for casting the ballot; or
(b) Use an approved accessibility device
for the accessible voting unit to signify the voter's desire to cast the
ballot.
Section 4. Definition of a Vote for the Scan
Voting System. (1) Automatic tabulation. If ballots are tabulated electronically,
a vote cast on a scan voting system shall be the choice made by a voter by:
(a) Filling in the oval or box or
connecting the arrow next to the candidate's name or the question choice; or
(b) Writing in the name of an eligible candidate
in the designated write-in space and filling in the oval or box or connecting
the arrow next to the designated write-in space.
(2) Manual tabulation. If ballots are
tabulated manually, the following marks made by a voter shall constitute a vote
for a candidate or question choice on an optical scan voting system:
(a) The majority of an oval, box, or
arrow designating a candidate or question choice is filled in;
(b) The oval, box, or arrow next to the
candidate's name or the question choice is circled or underlined;
(c) The candidate's name or the question
choice is circled or underlined;
(d) The party, group, organization, or
independent status abbreviation next to the candidate's name is circled or underlined;
(e) There is an "X", a check
mark, a plus sign, an asterisk, a star, or any other mark indicating the intent
of the voter next to the candidate's name or question choice; or
(f) There is a diagonal, horizontal, or
vertical line:
1. A portion of which intersects two (2)
points on the oval or arrow next to the candidate's name or the question
choice; and
2. That does not intersect another oval
or arrow at any two (2) points.
(3) Manual tabulation of write-in voting.
(a) If write-in ballots are tabulated
manually, the following shall constitute a valid vote for a candidate:
1. The oval, box, or arrow next to the
area designated for the selection of a write-in candidate is marked consistent
with subsection (2) of this section; and
2. The voter shall write the name of an
eligible write-in candidate as provided in KRS 117.265 in the area designated
for the selection of a write-in candidate.
(b) If a voter designates a vote for a
named candidate on the ballot and also writes in the name of a different
person, these actions shall be considered an overvote, with neither candidate
receiving credit for the vote, except as provided in Section 7 of this administrative
regulation.
(4) Manual tabulation of other marks or
words. If a choice is indicated in accordance with subsection (2) or (3) of this
section, and another choice is similarly marked constituting an overvote, the
voter may take one (1) of the following actions to cancel the overvote:
(a) If the voter used a pencil, the voter
may erase the mark for the candidate the voter does not wish to select; or
(b) If the voter used ink, the voter may
circle the name of the candidate the voter wishes to select.
Section 5. Definition of a Vote for a
Paper Ballot. (1) Tabulation. The following marks made by a voter shall
constitute a vote for a candidate or question choice on a paper ballot:
(a) The majority of an oval, box, or
space designating a candidate or question choice is filled in;
(b) The oval, box, or space next to the
candidate's name or the question choice is circled or underlined;
(c) The candidate's name or the question
choice is circled or underlined;
(d) The party, group, organization, or
independent status abbreviation next to the candidate's name is circled or underlined;
(e) There is an "X", a check
mark, a plus sign, an asterisk, a star, or any other mark indicating the intent
of the voter next to the candidate's name or question choice; or
(f) There is a diagonal, horizontal, or
vertical line:
1. A portion of which intersects two (2)
points on the oval, box, or space next to the candidate's name or the question
choice; and
2. That does not intersect another oval,
box, or space at any two (2) points.
(2) Write-in voting on a paper ballot.
(a) The following shall constitute a
valid vote for a candidate:
1. The oval, box, or space next to the
area designated for the selection of a write-in candidate is marked consistent
with subsection (1) of this section; and
2. The name of an eligible write-in
candidate as provided in KRS 117.265 is written in the area designated for the
selection of a write-in candidate.
(b) If a voter designates a vote for a
named candidate on the ballot and also writes in the name of a different
person, these actions shall be considered an overvote, with neither candidate
receiving credit for the vote, except as provided in Section 7 of this administrative
regulation.
(3) Other marks or words on a paper
ballot. If a choice is indicated in accordance with subsection (1) or (2) of
this section, and another choice is similarly marked constituting an overvote,
the voter may take one (1) of the following actions to cancel the overvote:
(a) If the voter used a pencil, the voter
may erase the mark for the candidate the voter does not wish to select; or
(b) If the voter used ink, the voter may
circle the name of the candidate the voter wishes to select.
Section 6. Definition of a Vote for
Write-in Voting Generally. (1) Only votes cast for eligible write-in candidates
as provided in KRS 117.265 shall be considered valid and counted.
(2) A write-in vote for a candidate whose
name already appears on the ballot label as a candidate shall not be counted as
a vote as provided in KRS 117.265.
(3) The use of stickers, labels, rubber
stamps, or other similar devices shall not be counted as write-in votes.
(4) Any minor misspelling of the name of
a candidate shall be disregarded in determining the validity of a write-in vote
as long as the intended candidate may be clearly determined.
(5) Writing in only the surname of an
eligible candidate shall constitute a valid vote, unless there is more than one
(1) filed candidate with the same surname for that office. If there is more
than one (1) filed candidate with the same surname for that office, writing in
only the last name or surname shall not constitute a vote.
(6) Writing in only the first name of an
eligible candidate shall not constitute a valid vote.
(7) Writing in only the initials of a
candidate shall not constitute a vote.
(8) Writing in only the nickname of an
eligible candidate shall not constitute a valid vote.
(9) If the voter writes in any other name
along with the surname of an eligible write-in candidate, the other name
written by the voter shall comply with the variations of names listed by the
candidate on SBE/SOS/01, SBE/SOS/02, or SBE/SOS/03, depending on the candidate,
to constitute a valid vote.
(10) Writing in the surname of the
candidate for Governor or the surname of the candidate for Lieutenant Governor
shall be sufficient to cast a write-in vote for the slate.
(11) Writing in the surname of the
candidate for President or the surname of the candidate for Vice President
shall be sufficient to cast a write-in vote for the slate.
Section 7. Straight Party Voting. (1) For
all voting systems and types of ballots, if a voter designates a choice to vote
a straight political party ticket and also designates a vote for an opposing
candidate whose name appears on the ballot or writes in the name of an eligible
write-in candidate in a specific race, the vote shall be counted for the
opposing candidate or the eligible write-in candidate for that specific race
and the remaining votes on the ballot shall be counted for the straight
political party.
(2) Straight party voting shall not be
considered an overvote if cast in a manner consistent with subsection (1) of
this section.
Section 8. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) SBE/SOS/01-"Declaration of
Intent to be a Write-In Candidate", February 2011 edition;
(b) SBE/SOS/02-"Presidential/Vice
Presidential Candidates' Declaration of Intent to be Write-In Candidates",
February 2011 edition; and
(c) SBE/SOS/03-"Governor/Lieutenant
Governor Candidates' Declaration of Intent to be a Write-In Candidates", February
2011 edition.
(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. 1008; 1217; eff. 2-3-2006; 33 Ky.R. 112; 540;
eff. 10-5-2007; 37 Ky.R. 2443; 2828; eff. 7-1-11)
