Find Legal Information

117.035 County board of elections -- Membership -- Appointed members -- Meetings -- Staff in counties containing city of first or second class.

Download pdf

117.035 County board of elections -- Membership -- Appointed members -- Meetings -- Staff in counties containing city of first or second class. (1) There shall be a county board of elections, which shall, at the direction and under the supervision of the State Board of Elections, administer the election laws and the <br>registration and purgation of voters within the county. (2) (a) The board shall consist of the county clerk, the sheriff, and two (2) members appointed by the State Board of Elections not later than July 1 following the <br>election of persons to statewide office, for a term of four (4) years and until <br>their successors are appointed. (b) The sheriff shall not serve on the board during any year in which he is a candidate, but shall recommend to the board a temporary replacement to serve <br>in his place. If the sheriff cannot serve because he is sick, injured, or otherwise <br>incapacitated, he may recommend a temporary replacement to serve in his <br>place until the sheriff may resume his duties or a vacancy in office is declared. (c) The county clerk may, at his option, continue to serve on the board during a year in which he is a candidate. If the clerk elects not to serve, he shall <br>recommend a temporary replacement to serve in his place. If the county clerk <br>cannot serve because he is sick, injured, or otherwise incapacitated, he may <br>recommend a temporary replacement to serve in his place until the county <br>clerk may resume his duties or a vacancy in office is declared. (d) 1. Notwithstanding the provisions of KRS 61.080, service on the board of <br>elections shall be compatible with the holding of any other county or city <br>office. 2. The members shall be at least twenty-one (21) years of age, qualified <br>voters in the county from which they are appointed, and shall not have <br>been convicted of any election law offense. 3. One (1) member shall be appointed from a list of five (5) names <br>submitted by the county executive committee of each political party as <br>defined in KRS 118.015. If there are two (2) or more contending <br>executive committees of the same political party in any county, the one <br>recognized by the written certificate of the chairman of the state central <br>committee of the political party shall be the one authorized to submit the <br>lists. 4. If the State Board of Elections does not receive the list as required by <br>subparagraph 3. of this paragraph for each political party for each county <br>by the deadline established in paragraph (a) of this subsection or within <br>one (1) month of a vacancy, then the chair of the state central <br>committees for the political parties may submit lists of five (5) names of <br>qualified residents from the remaining counties by August 1 following <br>the election of persons to statewide office or within two (2) months of a <br>vacancy. 5. If the State Board of Elections does not receive a list from either the <br>county executive committee under subparagraph 3. of this paragraph or the chair of the state executive committee under subparagraph 4. of this <br>paragraph, then the State Board of Elections shall appoint a qualified <br>resident from the county at its next regularly scheduled meeting in <br>September following the election of persons to statewide office or <br>within three (3) months of a vacancy. 6. A member appointed by the State Board of Elections may be removed <br>by the State Board of Elections for cause. 7. A member appointed by the State Board of Elections may be removed <br>by the State Board of Elections upon a request approved by a two-thirds <br>(2/3) vote of the full membership of the county executive committee that <br>submitted the member's name. The county executive shall provide <br>conclusive evidence of the committee's membership and evidence of the <br>committee's two-thirds (2/3) vote before the State Board of Elections <br>removes any member appointed by the State Board of Elections. 8. If an appointee is temporarily unable to act, a temporary appointee shall <br>be named by the State Board of Elections. A temporary appointee shall <br>serve until the original appointee notifies the State Board of Elections <br>that he is able to resume his term. 9. A member appointed by the State Board of Elections shall not serve on <br>the board if he or she is a candidate for public office, and the member <br>shall resign upon filing papers to become a candidate for public office or <br>shall be removed from office by the State Board of Elections. A member <br>who resigns or is removed because of his or her candidacy shall not <br>resume his or her term following the completion of the candidacy. 10. Vacancies and temporary vacancies shall be filled in the same manner as provided for original appointments, and the person appointed to fill the <br>vacancy or temporary vacancy shall be of the same political party as his <br>predecessor. (e) Compensation and payment of actual expenses of members shall be set by the fiscal court either as an amount payable on an annual basis, or as an amount <br>payable on a per diem basis of not less than fifteen dollars (&#36;15) nor more than <br>one hundred dollars (&#36;100) for each day the board meets. (3) A majority of the board shall constitute a quorum. The county clerk shall serve as chairman of the meetings and may vote. In case of a tie, the chairman may cast an <br>additional vote. Records shall be kept of all proceedings, and the records shall be <br>public and kept at the office of the county clerk. (4) The board shall meet at least once a month and may meet more frequently if necessary. The board shall stay in session on election days to correct clerical errors <br>and rule on questions regarding voter registration and may make to the election <br>officers such certifications as may be necessary. On election days, appeals may be <br>made to a Circuit Judge, but a ruling of the board shall be reversed only upon a <br>finding that it was arbitrary and capricious. (5) In counties containing cities of the first and second class, the board may employ, on a bipartisan basis, a staff sufficient to carry out the duties assigned to the board. Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 176, sec. 2, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 71, sec. 2, effective June 20, 2005. -- Amended 1996 Ky. Acts <br>ch. 195, sec. 4, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 256, sec. 1, <br>effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 48, sec. 14, effective July 13, <br>1990. -- Amended 1988 Ky. Acts ch. 341, sec. 25, effective July 15, 1988. -- <br>Amended 1982 Ky. Acts ch. 394, sec. 6, effective July 15, 1982. -- Amended 1978 <br>Ky. Acts ch. 318, sec. 1, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) <br>Ky. Acts ch. 14, sec. 129, effective January 2, 1978. -- Created 1974 Ky. Acts <br>ch. 130, sec. 20, effective June 21, 1974.