Kentucky Statutes 117.995 – Penalties
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(1) Any person appointed to serve as an election officer but who shall knowingly and willfully fail to serve and who is not excused by the county board of elections for the reasons specified in this chapter shall be guilty of a violation and shall be ineligible to serve as an election officer for a period of five (5) years.
(2) Any county clerk or member of the county board of elections who knowingly and willfully violates any of the provisions of this chapter, including furnishing applications for absentee ballots, applications for federal provisional absentee ballots, and mail-in absentee ballots to persons other than those specified by the provisions of this chapter, and failure to type the name of the voter on the application form as required by the provisions of this chapter, shall be guilty of a Class D felony.
For details, see § 532.060 and § 532.090
(3) Any officer who willfully fails to prepare or furnish ballots, federal provisional ballots, federal provisional absentee ballots, or absentee ballots or fails to allow a qualified voter to cast his or her vote using voting equipment as required of the voter by this chapter shall be guilty of a Class A misdemeanor.
(4) Any election officer who knowingly and willfully violates any of the provisions of this chapter, including failure to enforce the prohibition against electioneering established by KRS § 117.235, shall be guilty of a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense.
(5) Any person who violates KRS § 117.0861, or who signs a name other than his or her own on an application for an absentee ballot, the verification form for the ballot, an emergency absentee ballot affidavit, a voter or election official affirmation, or any person who votes an absentee ballot other than the one issued in his or her name, or any person who applies for the ballot for the use of anyone other than himself or herself or the person designated by the provisions of this chapter, or any person who makes a false statement on an application for an absentee ballot or on an emergency absentee ballot affidavit shall be guilty of a Class D felony.
(6) Any person who violates any provision of KRS § 117.235 or 117.236 related to prohibited activities during absentee voting or on election day, after he or she has been duly notified of the provisions by any precinct election officer, county clerk, deputy county clerk, or other law enforcement official, shall, for each offense, be guilty of a Class A misdemeanor.
(7) Any person who knowingly and willfully prepares or assists in the preparation of an inaccurate or incomplete voter assistance form or fails to complete a voter assistance form when required shall be guilty of a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense; however, if a voter has been permanently certified as requiring voting assistance, there shall be no offense for the failure of the voter to complete the form.
(8) The members of a county board of elections who fail to provide the training to precinct election officers required by KRS § 117.187(2) shall be subject to removal by the State Board of Elections.
(9) Any local or state election official, including the Secretary of State, employees of
the Secretary, and members of the State Board of Elections and their staff, who knowingly and willfully uses the voter registration roster in violation of KRS
117.025(3)(a) shall, for each offense, be guilty of a Class A misdemeanor.
(10) Any person who knowingly and willfully violates KRS § 45A.657(2) or KRS
65.014(2) shall, for a first offense, be guilty of a Class D felony. For a second or subsequent offense, the person shall be guilty of a Class C felony.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 23, sec. 5, effective July 14, 2022. — Amended
2021 Ky. Acts ch. 197, sec. 46, effective June 29, 2021. — Amended 2020 Ky. Acts ch. 89, sec. 26, effective July 15, 2020. — Amended 2019 Ky. Acts ch. 23, sec. 4, effective March 19, 2019. — Amended 2008 Ky. Acts ch. 79, sec. 7, effective July
15, 2008. — Amended 1994 Ky. Acts ch. 394, sec. 19, effective July 15, 1994. — Amended 1992 Ky. Acts ch. 65, sec. 4, effective March 19, 1992. — Amended 1990
Ky. Acts ch. 48, sec. 34, effective July 13, 1990; and ch. 476, Part V, sec. 303, effective July 13, 1990. — Amended 1988 Ky. Acts ch. 341, sec. 34, effective July
15, 1988. — Amended 1986 Ky. Acts ch. 287, sec. 11, effective July 15, 1986. — Amended 1978 Ky. Acts ch. 71, sec. 4, effective July 17, 1978; and ch. 224, sec. 2, effective June 17, 1978. — Created 1974 Ky. Acts ch. 130, sec. 62, effective June 21,
1974.
Legislative Research Commission Note (7/14/2022). 2022 Ky. Acts ch, 23, sec. 6, provided that that Act, which amended this statute, may be cited as the Stop Outside Influence Over Elections Act of 2022.
Legislative Research Commission Note (7/13/90). The Act amending this section prevails over the repeal and reenactment in House Bill 940, Acts ch. 476, pursuant to Section 653(1) of Acts ch. 476.
(2) Any county clerk or member of the county board of elections who knowingly and willfully violates any of the provisions of this chapter, including furnishing applications for absentee ballots, applications for federal provisional absentee ballots, and mail-in absentee ballots to persons other than those specified by the provisions of this chapter, and failure to type the name of the voter on the application form as required by the provisions of this chapter, shall be guilty of a Class D felony.
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | between 5 and 10 years | between $1,000 and $10,000 |
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
| Class A misdemeanor | up to 12 months | up to $500 |
Terms Used In Kentucky Statutes 117.995
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- elections: means any primary, regular election, or special election. See Kentucky Statutes 117.001
- Federal: refers to the United States. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Voting equipment: means any physical component of a voting system and includes voting machines where voting machines are in operation. See Kentucky Statutes 117.001
(3) Any officer who willfully fails to prepare or furnish ballots, federal provisional ballots, federal provisional absentee ballots, or absentee ballots or fails to allow a qualified voter to cast his or her vote using voting equipment as required of the voter by this chapter shall be guilty of a Class A misdemeanor.
(4) Any election officer who knowingly and willfully violates any of the provisions of this chapter, including failure to enforce the prohibition against electioneering established by KRS § 117.235, shall be guilty of a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense.
(5) Any person who violates KRS § 117.0861, or who signs a name other than his or her own on an application for an absentee ballot, the verification form for the ballot, an emergency absentee ballot affidavit, a voter or election official affirmation, or any person who votes an absentee ballot other than the one issued in his or her name, or any person who applies for the ballot for the use of anyone other than himself or herself or the person designated by the provisions of this chapter, or any person who makes a false statement on an application for an absentee ballot or on an emergency absentee ballot affidavit shall be guilty of a Class D felony.
(6) Any person who violates any provision of KRS § 117.235 or 117.236 related to prohibited activities during absentee voting or on election day, after he or she has been duly notified of the provisions by any precinct election officer, county clerk, deputy county clerk, or other law enforcement official, shall, for each offense, be guilty of a Class A misdemeanor.
(7) Any person who knowingly and willfully prepares or assists in the preparation of an inaccurate or incomplete voter assistance form or fails to complete a voter assistance form when required shall be guilty of a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense; however, if a voter has been permanently certified as requiring voting assistance, there shall be no offense for the failure of the voter to complete the form.
(8) The members of a county board of elections who fail to provide the training to precinct election officers required by KRS § 117.187(2) shall be subject to removal by the State Board of Elections.
(9) Any local or state election official, including the Secretary of State, employees of
the Secretary, and members of the State Board of Elections and their staff, who knowingly and willfully uses the voter registration roster in violation of KRS
117.025(3)(a) shall, for each offense, be guilty of a Class A misdemeanor.
(10) Any person who knowingly and willfully violates KRS § 45A.657(2) or KRS
65.014(2) shall, for a first offense, be guilty of a Class D felony. For a second or subsequent offense, the person shall be guilty of a Class C felony.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 23, sec. 5, effective July 14, 2022. — Amended
2021 Ky. Acts ch. 197, sec. 46, effective June 29, 2021. — Amended 2020 Ky. Acts ch. 89, sec. 26, effective July 15, 2020. — Amended 2019 Ky. Acts ch. 23, sec. 4, effective March 19, 2019. — Amended 2008 Ky. Acts ch. 79, sec. 7, effective July
15, 2008. — Amended 1994 Ky. Acts ch. 394, sec. 19, effective July 15, 1994. — Amended 1992 Ky. Acts ch. 65, sec. 4, effective March 19, 1992. — Amended 1990
Ky. Acts ch. 48, sec. 34, effective July 13, 1990; and ch. 476, Part V, sec. 303, effective July 13, 1990. — Amended 1988 Ky. Acts ch. 341, sec. 34, effective July
15, 1988. — Amended 1986 Ky. Acts ch. 287, sec. 11, effective July 15, 1986. — Amended 1978 Ky. Acts ch. 71, sec. 4, effective July 17, 1978; and ch. 224, sec. 2, effective June 17, 1978. — Created 1974 Ky. Acts ch. 130, sec. 62, effective June 21,
1974.
Legislative Research Commission Note (7/14/2022). 2022 Ky. Acts ch, 23, sec. 6, provided that that Act, which amended this statute, may be cited as the Stop Outside Influence Over Elections Act of 2022.
Legislative Research Commission Note (7/13/90). The Act amending this section prevails over the repeal and reenactment in House Bill 940, Acts ch. 476, pursuant to Section 653(1) of Acts ch. 476.