KRS 117.125: Voting system or voting equipment -- Specifications and features required
Where this section sits in the code
- KRS Chapter 117
for approval.
(1) A voting system or voting equipment shall be approved for use by the State Board
of Elections, either upon initial examination or reexaminat ion, and voting
equipment or a voting system shall not be purchased unless the system and
equipment has been certified under KRS 117.379 and is so constructed that it shall:
(a) Ensure secrecy to the voter in the act of voting so that no person can see or
know for whom any other voter has voted or is voting, except for those voters
requiring assistance under KRS 117.255;
(b) Permit votes to be cast for any candidate entitled to have his or her name
printed upon the ballots at any primary, regular election, or special election,
and for or against any public question entitled to be placed upon the ballots;
(c) Except at a primary, permit a voter to vote for all the candidates of one (1)
party or for one (1) or more candidates of every party having candidates
entitled to be voted for, or for one (1) or more independent, political
organization, or political group candidates;
(d) Permit a voter to vote for as many persons for an office as the voter is
lawfully entitled to vote for, and no more;
(e) Prevent a voter from voting for more persons for any office than the voter is
entitled to vote for, and from voting for the same person, or for or against the
same question, more than once;
(f) Permit a voter to vote for or against any question the voter may have the rig ht
to vote on, but no other;
(g) Provide for a nonpartisan ballot;
(h) Be capable of being adjusted for use in a primary so that a voter may not vote
for any person except those seeking nomination as candidates of the voter's
party, as candidates for a non partisan office, or as candidates for an office of
the Court of Justice;
(i) Permit each voter to vote for all the candidates for presidential electors of any
party by one (1) operation;
(j) Permit each voter to vote, in any regular or special election, for any person for
whom the voter desires to vote whose name does not appear upon the ballot
by providing a method of write-in voting;
(k) Be safe, efficient, and accurate in the conduct of ele ctions, and correctly
register and accurately count all votes cast for each person, and for or against
each public question;
(l) 1. Provide each voter an opportunity to verify votes recorded on the
permanent paper ballot, either visually or using assistive voting
technology, by producing a voter-verified paper audit trail;
2. Provide each voter an opportunity to change votes or correct any error
before the voter's ballot is cast and counted; and
3. Provide a voter who spoils his or her ballot another ballot as provided
under this chapter;
(m) Use an individual, discrete, permanent, paper ballot cast by the voter for
tabulating purposes;
(n) Preserve the paper ballot as an official record available for use in any audit or
recount;
(o) Be suitably designed for the purpose used, constructed of a durable material,
and safely transportable;
(p) Be capable of determining whether the voting equipment has been unlocked
and operated or adjusted in any manner after once being locked;
(q) Have a public counter with a re gister which is visible from the outside of the
counter or device that will show at all times during an election how many
persons have voted;
(r) Have a protective cumulative counter indicating the number of votes cast for
each person, and the votes cast f or or against each public question which
cannot be seen, reset, or tampered with without unlocking a covering device
by a key or other security apparatus that cannot unlock any other part of the
equipment, and which prevents changes to the cumulative count er once the
system has been put into operation on the day of any election;
(s) Provide for the tabulating of votes at the precinct as required under KRS
117.275;
(t) Provide locks or other security apparatus by which the operation of the voting
equipment may be locked before the time for opening the polls and after the
time for closing the polls;
(u) Permit a voter to readily learn the method of operating it, to expeditiously cast
a vote for all candidates and on all questions of the voter's choice, and whe n
operated properly, register and record correctly and accurately every vote
cast;
(v) Bear a number or other unique designation that will distinguish it from any
other voting equipment or voting system;
(w) Produce a real -time audit log record for the vot ing system, and produce a
paper record with a manual audit capacity which shall be available as an
official record for any recount conducted related to any primary or election in
which the system is used;
(x) Be accessible for individuals with impairments, including nonvisual
accessibility for the blind or visually impaired, in a manner that provides the
same opportunity for access and participation, including privacy and
independence, as for other voters;
(y) Prohibit voting equipment that tabulates or agg regates votes used in official
results from connecting to any network, including the internet, or
communicating with any device external to the voting system;
(z) Prohibit voting equipment that utilizes nonhuman readable codes, including
but not limited to barcodes, QR codes, or other encrypted markings, to
represent or tabulate a voter's choices;
(aa) Meet or exceed a standard for a voting system approved by the Election
Assistance Commission and approved under KRS 117.379; and
(ab) Meet such other require ments as may be established by the State Board of
Elections in administrative regulations promulgated in accordance with KRS
Chapter 13A to reflect changes in technology to ensure the integrity and
security of voting systems.
(2) Notwithstanding the requirements of subsection (1) of this section, continued use of
a voting system and all voting equipment that was approved for use by the State
Board of Elections as of April 14, 2026, and was utilized by a county before April
14, 2026, shall be allowed until s uch time as a replacement voting system is
acquired by the county.
Collected 2026-09-05T20:50:12Z. Source file · JSON