Ky. Rev. Stat. § 117.045

Current through 2024 Ky. Acts ch.225

Section 117.045 - Precinct election officers - Alternate and emergency appointments - Minors permitted to serve as election officers - Reimbursement

(1)

(a) The county board of elections shall in the manner prescribed by this section, not later than March 20 each year, except in a year in which no primary and regular elections are scheduled, appoint for each precinct in the county two (2) judges, one (1) clerk and one (1) sheriff of election. They shall serve in all elections held in the county during the year, except for minors seventeen (17) years of age who will become eighteen (18) years of age on or before the day of the regular election who may only serve as election officers for the primary and regular elections as provided in subsection (9) of this section.

(b) If a special election is ordered to be held in a year in which no elections are scheduled, the county executive committee of each political party in each county in the territory affected by the special election shall, not later than twenty-eight (28) days preceding the date of the special election, submit a written list of nominees for precinct election officers to serve in the special election in a manner consistent with the provisions of subsection (2) of this section. The county board of elections in each county in the territory affected by the special election shall, not later than twenty-one (21) days preceding the date of the special election, appoint precinct election officers to serve in the special election in a manner consistent with the provisions of subsections (4), (5), and (6) of this section.

(c) The State Board of Elections shall promulgate an administrative regulation under KRS Chapter 13A establishing evaluation procedures which county boards of elections may use to qualify persons nominated to serve as precinct election officers.

(2) The county executive committees of the two (2) political parties having representation on the State Board of Elections may, on or before March 15 each year, designate in writing to the county board of elections a list of not less than four (4) names for each precinct; except that, in any precinct where there are not as many as four (4) persons possessing the qualifications of an election officer belonging to the political party filing the list, a lesser number may be designated. If there are two (2) or more contending executive committees of the same party in any county, the one recognized by the written certificate of the chair of the state central committee of the party shall be the one authorized to submit the lists. The lists shall contain the full name, address, phone number, and Social Security number, if available, of each person listed. The lists shall be accompanied by a signed statement from each person stating that he or she is willing to serve, has not failed to serve without excuse in the past, and has not been convicted of an election law offense or any felony, unless the person's civil rights have been restored by the Governor. The State Board of Elections shall prescribe the form of the list by administrative regulation promulgated under KRS Chapter 13A.

(3) The Attorney General shall notify each party state central committee of the duties of the party.

(4)

(a) If lists are submitted by the county executive committees under subsection (2) of this section, the county board of elections shall select one (1) judge at each voting place from each political party's list, and the county board shall select the sheriff from one (1) political party's list and the clerk from the other.

(b) If no lists are submitted by the county executive committees under subsection (2) of this section, the two (2) members of the county board of elections who are appointed by the State Board of Elections may submit lists; and the county board of elections shall select the sheriff and one (1) judge from one (1) list and the clerk and the other judge from the remaining list.

(c) If no lists are submitted by the county executive committees under subsection (2) of this section, or by the county board of elections under paragraph (b) of this subsection, the county clerk shall select the sheriff and one (1) judge from the membership of one (1) party and the clerk and the other judge from the membership of the remaining party. If no members of one (1) of the two (2) political parties are available or willing to serve as a judge, the county clerk shall select any qualified and registered voter within the county to serve as a judge at a voting place.

(d) The county board of elections shall, when possible, also appoint an adequate number of alternate precinct election officers from names on the lists which were submitted but which were not selected by the county board as precinct election officers. If alternate precinct election officers are not appointed from the lists of nominees who were not selected as precinct election officers, the county board of elections shall submit its method of selecting alternate precinct election officers to the State Board of Elections for its approval. If no lists are submitted to the county board of elections as provided in this subsection, the county clerk shall select an adequate number of alternate precinct election officers.

(e) The names of all precinct election officers and alternate precinct election officers selected by the county clerk shall be submitted to the county board of elections for its approval.

(f) Nothing in this subsection shall prevent the selection of any registered and qualified voter who is not registered with either of the two (2) political parties to serve as a precinct election officer in a precinct in which the officer resides or as otherwise provided in this subsection.

(5) If, after all reasonable efforts have been made, neither the county board of elections nor the county clerk are able to find two (2) qualified officers for each precinct who are affiliated with the two (2) political parties having representation on the State Board of Elections or any other qualified and registered voter within the county, the county board of elections shall submit a list of emergency election officer appointments to the State Board of Elections. The county board of elections shall also present, in writing, its efforts to recruit and appoint election officers as prescribed in subsection (4) of this section. The State Board of Elections, after its review, may approve any or all of the emergency appointments submitted by the county board of elections or may direct the county board to take other action. Any emergency appointment shall be made for the next ensuing election only.

(6) In addition to precinct election officers appointed under subsection (1) of this section, a county board of elections or the county clerk may appoint up to two (2) additional precinct election officers per precinct with the approval of the State Board of Elections. The State Board of Elections shall promulgate an administrative regulation under KRS Chapter 13A establishing conditions under which additional precinct officers may be approved.

(7) The county board of elections shall, not less than ten (10) days before the next ensuing election, send to each election officer written notice of his or her appointment. The county board of elections may direct the sheriff of the county to serve the notice of appointment, if it deems the action is necessary.

(8) The State Board of Elections may require the county board of elections to submit its list of precinct officers for review. The State Board of Elections may, after a hearing, direct the removal of any election officer who the board finds would not fairly administer the state election laws. The State Board of Elections shall provide for the method and manner of the hearing by administrative regulation promulgated under KRS Chapter 13A, and shall replace any officer so removed.

(9)

(a) An election officer shall be a qualified voter of the precinct; except that, where no qualified voter of the required political party is available within the precinct, the election officer shall be a qualified voter of the county.

(b) A minor seventeen (17) years of age who will become eighteen (18) years of age on or before the day of the regular election may serve as an election officer for the primary and regular elections in which he or she is qualified to vote; however, no precinct shall have more than one (1) person serving as an election officer who is a minor seventeen (17) years of age.

(c) An election officer shall not be a candidate for office during the election year.

(d) An election officer shall not be the spouse, parent, brother, sister, or child of a candidate who is to be voted for at the election in the precinct in which the election officer will serve on election day.

(e) An election officer shall not have changed his or her voter registration party affiliation after December 31 immediately preceding his or her appointment to serve for the primary, or after the second Tuesday in August to serve for the regular election.

(f) An election officer may be removed, for cause, at any time up to five (5) days before an election. Vacancies shall be filled by the county board of elections or the county clerk with alternate precinct election officers and if the vacancy occurs in the appointment of a judge, the person appointed to fill the vacancy shall be of the same political affiliation as the vacating officer, except for emergency appointments made as provided in subsection (5) of this section.

(10) If the county board of elections or the county clerk fails to appoint election officers, or if any officer is not present at the precinct at the time for commencing the election, or refuses to act, and if no alternate is available, the officer in attendance representing the political party of the absentee shall appoint a suitable person to act in his or her place for that election. If both representatives of the same political party are absent, qualified voters present affiliating with that party shall elect, viva voce, suitable persons to act in their places.

(11) Each election officer shall be paid a minimum of sixty dollars ($60) per election day served, and such an additional amount as compensation as may be determined by the county board of elections, with the approval of the governing body which would be responsible for funding the election officers' pay, for each election in which the election officer serves, to be paid by the county. For delivering the election packets to the polls, the precinct election officers shall additionally receive the mileage reimbursement provided for state employees, for each mile necessarily traveled in the delivery of the packets to the polls, or a flat fee if the fee equals or exceeds that amount. For delivering election returns, the precinct election judges shall additionally receive the mileage reimbursement provided for state employees for each mile necessarily traveled in the delivery of election returns, or a flat fee if the fee equals or exceeds that amount. The fee paid to the precinct election judges for delivering election returns shall be paid by the county.

KRS 117.045

Effective: June 29, 2021

Amended 2021 Ky. Acts ch. 197, sec. 8, effective June 29, 2021. -- Amended 2010 Ky. Acts ch. 176, sec. 3, effective July 15, 2010. -- Amended 2002 Ky. Acts ch. 63, sec. 11, effective July 15, 2002; and ch. 265, sec. 1, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 243, sec. 3, effective April 1, 1998. -- Amended 1996 Ky. Acts ch. 195, sec. 5, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 394, sec. 6, effective July 15, 1994. -- Amended 1992 Ky. Acts ch. 180, sec. 1, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 48, sec. 15, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 341, sec. 26, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 470, sec. 6, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 394, sec. 7, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 318, sec. 2, effective June 17, 1978; and ch. 395, sec. 1, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 282, sec. 1, effective June 19, 1976. -- Created 1974 Ky. Acts ch. 130, sec. 21, effective June 21, 1974.

Amended by 2021 Ky. Acts ch. 197,§ 8, eff. 6/29/2021.

Effective:7/15/2010
Amended 2010, Ky. Acts ch. 176, sec. 3, effective7/15/2010. -- Amended 2002, Ky. Acts ch. 63, sec. 11, effective 7/15/2002; and ch. 265, sec. 1, effective 7/15/2002. -- Amended 1998, Ky. Acts ch. 243, sec. 3, effective 4/1/1998. --Amended 1996, Ky. Acts ch. 195, sec. 5, effective 7/15/1996. -- Amended 1994 Ky. Acts ch. 394, sec. 6, effective 7/15/1994. - Amended 1992 Ky. Acts ch. 180, sec. 1, effective 7/14/1992. -- Amended 1990 Ky. Acts ch. 48, sec. 15, effective 7/13/1990. -- Amended 1988 Ky. Acts ch. 341, sec. 26, effective 7/15/1988. --Amended 1986 Ky. Acts ch. 470, sec. 6, effective 7/15/1986. -- Amended 1982 Ky. Acts ch. 394, sec. 7, effective 7/15/1982. -- Amended 1978 Ky. Acts ch. 318, sec. 2, effective 6/17/1978; and ch. 395, sec. 1, effective 6/17/1978. --Amended 1976 Ky. Acts ch. 282, sec. 1, effective 6/19/1976. -- Created 1974 Ky. Acts ch. 130, sec. 21, effective 6/21/1974.