KRS 117.088: Pilot program for unassisted voting by blind and visually impaired

persons.

(1) For purposes of this section, "blind or visually impaired individual" means an

individual who:

(a) Has a visual acuity of 20/200 or less in the better eye with correcting

lenses or has a limited field of vision so that the widest diameter of the

visual field subtends an angle no greater than twenty (20) degrees;

(b) Has a medically indicated expectation of visual deterioration;

(c) Has a medically diagnosed limitation in visual functioning that restricts the

individual's ability to read and write standard print at levels expected of

individuals of comparable ability;

(d) Has been certified as requiring permanent assistance to vote under KRS

117.255(5) for reason of blindness; or

(e) Qualifies to receive assistance to vote under KRS 117.255(2) for reason

of blindness.

(2) For purposes of this section, "pilot program" means a program in a county

containing a consolidated local government or containing a city of the first class

for unassisted voting by blind or visually impaired individuals.

(3) A county board of elections in a county containing a consolidated local

government or containing a city of the first class may establish a pilot program.

As part of this pilot program, the State Board of Elections shall approve the use

of voting equipment under KRS 117.379 that is designed to permit blind and

visually impaired individuals to vote without assistance, for use beginning in the

2002 general election. No county board of elections in a county containing a

consolidated local government or containing a city of the first class shall be

required to operate a pilot program.

(4) The State Board of Elections, if it approves the voting equipment under KRS

117.379, may approve the use of voting equipment designed to permit blind

and visually impaired individuals to vote without assistance in as many

locations within a county containing a consolidated local government or

containing a city of the first class as are designated by the county board of

elections.

(5) A county board of elections in a county containing a consolidated local

government or containing a city of the first class shall provide a report to the

State Board of Elections after every primary or regular election regarding the

number of blind or visually impaired individuals that have utilized the voting

equipment during the pilot program.

(6) Notwithstanding the provisions of KRS 116.025, or any other statute to the

contrary, a blind or visually impaired voter residing in a county containing a

consolidated local government or containing a city of the first class that is

operating a pilot program shall be permitted to vote at a location outside the

precinct of his or her registration by voting at a location within the county of his

or her registration on voting equipment designed to permit blind or visually

impaired individuals to vote without assistance, which may include voting at the

county clerk's office, or other place designated by the county board of

elections, and approved by the State Board of Elections.

(7) Notwithstanding the provisions of KRS 117.076, 117.085, 117.086, or

117.0863 or any other statute to the contrary, a blind or visually impaired

individual residing in a county containing a consolidated local government or

containing a city of the first class that is operating a pilot program shall be

permitted to vote in the location within the county of his or her registration as

provided under subsection (6) of this section, on voting equipment designed to

permit blind or visually impaired individuals to vote without assistance, at any

time during which in-person absentee voting is conducted.

(8) The State Board of Elections may certify, as a part of the pilot project of a

county containing a consolidated local government or containing a city of the

first class, voting equipment which utilizes audio recordings, voice-activated

technology, or vocal recognition technology to record a vote, and may require

such accommodations as would permit a blind or visually impaired voter to cast

a vote in secret, provided the voting equipment produces a voter-verified paper

audit trail.

(9) Notwithstanding the provisions of KRS 117.255, a blind or visually impaired

voter residing in a county containing a consolidated local government or

containing a city of the first class that is operating a pilot project may cast his or

her vote alone and without assistance on voting equipment approved for use

by blind or visually impaired individuals. However, the blind or visually impaired

voter shall be instructed by the officers of election, with the aid of the

instruction cards and the model, in the use of the equipment, if the voter so

requests.

(10) Nothing in this section shall impair the right of any qualified voter under KRS

117.255 to receive assistance and vote according to the procedures specified

in that section.