Ky. Rev. Stat. » Chapter 117

Ky. Rev. Stat. § 117.255

Instruction of voters -- Voters requiring assistance -- Manner of voting --

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Report of violations. (1) The voter shall be instructed by the officers of election, with the aid of the instruction cards and any model if applicable, in the use of the voting equipment, if the voter so requests. (2) Except for those voters who have been certified as requiring assistance on a permanent basis under this section, no voter shall be permitted to receive any assistance in voting at the polls unless the voter makes and signs an oath that, because of blindness, other physical disability, or an inability to read English, the voter is unable to vote without assistance. The voter shall indicate in the oath the specific reason that requires the voter to receive assistance. The oath shall be upon a voter assistance form prescribed and furnished by the State Board of Elections pursuant to administrative regulations promulgated under KRS Chapter 13A. Any person assisting a voter shall complete the voter assistance form. (3) Upon making and filing the oath with the precinct clerk, the voter requiring assistance shall retire to the voting booth or ballot completion area with the precinct judges, and one (1) of the judges shall, in the presence of the other judge and the voter, complete the ballot as the voter directs. A voter requiring assistance in voting may, if the voter prefers, be assisted by a person of the voter's own choice who is not an election officer, except that the voter's employer, an agent of the voter's employer, or an officer or agent of the voter's union shall not assist a voter. (4) The precinct election clerk shall swear a person assisting a voter in voting to complete the ballot in accordance with the directions of the voter, and the person sworn shall enter the voting booth or ballot completion area and complete the ballot for the voter as the voter directs. (5) A voter who requires voting assistance on a permanent basis because of blindness or other physical disability may apply to the county board of elections for certification. Application may be made when registering to vote or completing the voter assistance form by indicating that the reason for obtaining assistance is permanent. The voter shall swear or affirm, under penalty of perjury, that he or she requires voting assistance on a permanent basis because of a permanent physical disability. The county board of elections shall notify the county clerk of persons certified as requiring permanent voting assistance and the county clerk shall enter the certification on the voter's registration record. The State Board of Elections shall indicate on the precinct roster of voters those voters who are certified to receive assistance permanently without signing the voter assistance form at the precinct. (6) No voter shall be permitted to occupy the voting booth or ballot completion area more than four (4) minutes if other voters are waiting to use it, except that those voters who because of a disability need extra time to cast a ballot shall be given a reasonable amount of time to vote. (7) In primaries, before a voter is permitted to use the voting equipment, a judge of the election shall adjust the voting equipment so that the voter will only be able to vote for the persons for whom the voter is qualified to vote. (8) If the voting equipment is so constructed as to require adjustment after one (1) person has voted before another person may vote, the judges of election shall adjust it after each person has voted. (9) The election officers shall constantly maintain a watch in order to prevent any person from voting more than once. (10) For voters voting as federal provisional voters, or if supplemental paper ballots have been approved as provided in KRS 118.215, the voter shall vote his or her federal provisional or supplemental ballot in privacy in a voting booth provided for that purpose by the county clerk. If the voter spoils his or her federal provisional or supplemental ballot, the voter shall return the spoiled federal provisional or supplemental paper ballot to an election officer who shall stamp the ballot "Spoiled," initial, and place the spoiled federal provisional or supplemental ballot in an envelope provided for that purpose. The voter shall be issued a second federal provisional or supplemental paper ballot. Upon completion of voting, the voter shall remove the numbered stub from the federal provisional or supplemental ballot, hand the stub to an election officer and deposit the voted federal provisional or supplemental ballot in the appropriate locked ballot box or locked receptacle in the presence of an election officer. (11) The election sheriff shall be responsible for reporting violations of this section. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 125, sec. 8, effective June 27, 2025. -- Amended 2021 Ky. Acts ch. 197, sec. 34, effective June 29, 2021. -- Amended 2020 Ky. Acts ch. 89, sec. 18, effective July 15, 2020. -- Amended 2007 Ky. Acts ch. 133, sec. 1, effective April 5, 2007. -- Amended 1998 Ky. Acts ch. 243, sec. 11, effective April 1, 1998. -- Amended 1996 Ky. Acts ch. 270, sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 394, sec. 17, effective July 15, 1994; and ch. 405, sec. 15, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 48, sec. 28, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 341, sec. 32, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 287, sec. 9, effective July 15, 1986; and ch. 470, sec. 14, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 360, sec. 40, effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 8, effective March 19, 1977. -- Created 1974 Ky. Acts ch. 130, sec. 39, effective June 21, 1974.

Notes of Decisions
Cited in 9 cases, 1977–2020 · leading case: Magoffin County Board of Elections v. John Montgomery
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Magoffin County Board of Elections v. John Montgomery (2016) ky · cites it 3× “KRS 117.255(2) authorizes assistance to a voter only in response to the voter’s request given under oath and upon completion of the statutorily-authorized voter assistance form.”
Sims v. Atwell (1977) kyctapp · cites it 3× “In his findings of fact, the trial judge stated: The proof shows that KRS 117.255 was the most flagrantly violated election law.”
United States v. Larry Shepherd (2018) ca6 · cites it 5× “; Ky. Rev. Stat. § 117.255. -4- Nos. 16-6786/6807, United States v.”
Charles Hardin M.D. v. John Montgomery (2016) ky · cites it 3× “KRS 117.255(2) authorizes assistance to a voter only in response to the voter's request given under oath and upon completion of the statutorily- authorized voter assistance form.”
Magoffin County Board of Elections v. John Montgomery (2016) ky · cites it 3× “KRS 117.255(2) authorizes assistance to a voter only in response to the voter's request given under oath and upon completion of the statutorily- authorized voter assistance form.”
Charles Hardin M.D. v. John Montgomery (2016) ky · cites it 3× “KRS 117.255(2) authorizes assistance to a voter only in response to the voter's request given under oath and upon completion of the statutorily- authorized voter assistance form.”
Magoffin County Board of Elections v. John Montgomery (2016) ky · cites it 2× “KRS 117.255(2) authorizes assistance to a voter only in response to the voter’s request given under oath and upon completion of then statutorily- authorized voter assistance form.”
Charles Hardin M.D. v. John Montgomery (2016) ky “KRS 117.255(3). Montgomery’s evidence circumstantially raised the specter that the Democratic Party judge was illegally interjecting herself into the voting‘booth to influence voters’ ballot - choices, which if true, is obviously a violation of election standards and voter…”
Dnc v. Katie Hobbs (2020) ca9 “HOBBS 203 and who signs the detachable flap and outer envelope for the voter shall complete the voter assistance form as required by KRS 117.255. The signatures of two (2) witnesses are required if the voter signs the form with the use of a mark instead of the voter’s signature.”
— Ky. Rev. Stat. § 117.255(2) — 6 cases
Magoffin County Board of Elections v. John Montgomery (2016) ky “KRS 117.255(2) authorizes assistance to a voter only in response to the voter’s request given under oath and upon completion of the statutorily-authorized voter assistance form.”
Sims v. Atwell (1977) kyctapp “In his findings of fact, the trial judge stated: The proof shows that KRS 117.255 was the most flagrantly violated election law.”
Charles Hardin M.D. v. John Montgomery (2016) ky “KRS 117.255(2) authorizes assistance to a voter only in response to the voter's request given under oath and upon completion of the statutorily- authorized voter assistance form.”
Magoffin County Board of Elections v. John Montgomery (2016) ky “KRS 117.255(2) authorizes assistance to a voter only in response to the voter's request given under oath and upon completion of the statutorily- authorized voter assistance form.”
Charles Hardin M.D. v. John Montgomery (2016) ky “KRS 117.255(2) authorizes assistance to a voter only in response to the voter's request given under oath and upon completion of the statutorily- authorized voter assistance form.”
— Ky. Rev. Stat. § 117.255(3) — 7 cases
Magoffin County Board of Elections v. John Montgomery (2016) ky “KRS 117.255(2) authorizes assistance to a voter only in response to the voter’s request given under oath and upon completion of the statutorily-authorized voter assistance form.”
Charles Hardin M.D. v. John Montgomery (2016) ky “KRS 117.255(2) authorizes assistance to a voter only in response to the voter's request given under oath and upon completion of the statutorily- authorized voter assistance form.”
Magoffin County Board of Elections v. John Montgomery (2016) ky “KRS 117.255(2) authorizes assistance to a voter only in response to the voter's request given under oath and upon completion of the statutorily- authorized voter assistance form.”
Charles Hardin M.D. v. John Montgomery (2016) ky “KRS 117.255(2) authorizes assistance to a voter only in response to the voter's request given under oath and upon completion of the statutorily- authorized voter assistance form.”
Magoffin County Board of Elections v. John Montgomery (2016) ky “KRS 117.255(2) authorizes assistance to a voter only in response to the voter’s request given under oath and upon completion of then statutorily- authorized voter assistance form.”
— Ky. Rev. Stat. § 117.255(9) — 1 case
United States v. Larry Shepherd (2018) ca6 “; Ky. Rev. Stat. § 117.255. -4- Nos. 16-6786/6807, United States v.”
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