Ky. Rev. Stat. § 117.0861

Current through Acts Received April 24, 2024

Section 117.0861 - Persons who may exercise control over mail-in absentee ballots

(1) No person shall knowingly collect, gain possession of, deliver, or exercise control over a mail-in absentee ballot, except for:

(a) A voter personally casting his or her ballot by means of mail-in absentee ballot;

(b) An election official engaged in official duties as prescribed in KRS Chapters 116 to 120;

(c) A United States Postal Service worker or any other person who is allowed by law to transmit United States mail if the worker or other person is engaged in official duties;

(d) A family member of the voter:

1. Who shall be related to the voter as set forth in KRS 6.611(16)(a), or as established by marriage, adoption, or legal guardianship; and

2. Who is designated by the voter to assist in the mail-in absentee voting process;

(e) A person:

1. Who shares the same residence of the voter; and

2. Is designated by the voter to assist in the mail-in absentee voting process;

(f) A caregiver or employee:

1. Who provides medical or healthcare assistance to the voter in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day healthcare facility, or adult foster home; and

2. Who is ordinarily engaged in duties related to the receiving and delivering of mail matter; and

(g) An employee of a jail who is ordinarily engaged in official duties related to the delivery of mail matter.

(2) For subsection (1)(f) and (g) of this section, the person collecting, possessing, delivering, or exercising control over a mail-in absentee ballot shall at all times handle the ballot so that all information contained on the ballot remains private to the voter as required by KRS 118.025(1).

(3)For subsection (1)(d) and (e) of this section, the person designated by the voter shall not have been:

(a) Declared mentally disabled by a court of competent jurisdiction, which adjudication has not been set aside; or

(b) Convicted of an election law offense whose civil rights have not been restored by the Governor.

KRS 117.0861

Effective: June 29, 2021

Created 2021 Ky. Acts ch. 197, sec. 6, effective June 29, 2021.

Amended by 2024 Ky. Acts ch. TBD,§ 8, eff. 4/19/2024.

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