Every citizen of our Commonwealth should be protected in the right to vote and the LWV of KY believes the public needs to know about “AFFIDAVIT OF VOTER” and that they have the right to vote in any election – even if they have to fight to get to cast their vote on election day!
Former Kentucky League President Teena Halbig said, “The LWV knows voting is a fundamental right and that every voter’s right to cast a vote must be protected at all times!” The League seeks to increase citizen participation in our nation’s democracy through voting.
Furthermore, since the 1990’s, if a voter tries to cast a ballot and it is “spoiled” or defaced or the machine is bad or they are unable to cast their ballot, the voter has the RIGHT TO GET A PAPER BALLOT. And the same voter can vote on another machine and make such an attempt to cast their vote up to three times.
Provisional and Affadavit Information
Voters do have a mechanism of voting if (a) they did not change their address before the registration books closed or (b) if their qualifications to vote are otherwise challenged. They should be prepared to verify their identity and request to file an affidavit of voter. After submitting their affidavit swearing that they are qualified to vote, they should be permitted to vote.
KRS 116.085 – If voter fails to update his or her address before the registration books are closed, this statute permits voter to verify identity in the same manner as provided under KRS 117.227 (by personal acquaintance or verifying document) and file an affidavit of voter as provided under KRS 117.245 before voting.
KRS 117.245 – If voter’s registration is challenged, this statute permits the voter to tender an affidavit or oath of voter as to his qualifications to vote “before he is permitted to vote.” All oaths shall be investigated by the Commonwealth’s or county attorney for an investigation before the grand jury.
KRS 117.215 Procedure when [voting] machine becomes unusable — Backup voting machines or supplemental paper ballots for emergency use – If machine becomes unusable, voter to be given access to another machine or should be given supplemental paper ballot
KRS 117.385 Spoiled or defaced ballot card – Permits voter to request another ballot if 1st ballot is spoiled or defaced. Voter may receive no more than 3 ballots. Procedure for return of ballot card to precinct election officials.
The provisional voting regulation is promulgated under federal law and applies only when there is a federal election on the ballot –
Link to Provisional Voting Regulation: http://www.lrc.ky.gov/kar/031/006/020.htm
