Kentucky Statutes 118.035 – Hours polls to be open — Employees to be allowed time off to vote, to apply for or execute absentee ballot, and to serve or train to be election officer
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(1) The polls shall be opened on the day of a primary, special election, or regular election at 6 a.m., prevailing time, and shall remain open until each voter who is waiting in line at the polls at 6 p.m., prevailing time, has voted. At 6 p.m., prevailing time, if voters are waiting at the polls to vote, the precinct election sheriff shall announce that a voter wishing to vote must immediately get in line. When all voters waiting at the polls at that time are in line, the precinct election sheriff shall then determine which voter is the last in line, and that voter shall be the last voter permitted to vote. The precinct election sheriff shall wait in line with the last voter who shall be permitted to vote until that voter has voted and shall inform a voter who subsequently arrives at the polls that no one shall be permitted to vote after the last voter in line at 6 p.m., prevailing time. After the last voter waiting in line at 6 p.m., prevailing time, has voted, the polls shall then be closed.
(2) As provided in Section 148 of the Constitution of Kentucky, any person entitled to a vote at any election in this state shall, if he has made application for leave prior to the day he appears before the county clerk to request an application for or to execute an absentee ballot, be entitled to absent himself from any services or employment in which he is then engaged or employed for a reasonable time, but not less than four (4) hours on the day he appears before the clerk to request an application for or to execute an absentee ballot, during normal business hours of the office of the clerk or to cast his ballot on the day of the election between the time of opening and closing the polls. The employer may specify the hours during which an employee may absent himself.
(3) No person shall be penalized for taking a reasonable time off to vote, unless, under circumstances which did not prohibit him from voting, he fails to vote. Any qualified voter who exercises his right to voting leave under this section but fails to cast his vote, under circumstances which did not prohibit him from voting, may be subject to disciplinary action.
(4) Any person selected to serve as an election officer shall be entitled to absent himself from any services or employment in which he is then engaged or employed for a period of an entire day to attend training or to serve as an election officer. The person shall not, because of so absenting himself, be liable to any penalty. The employer may specify the hours during which the employee may absent himself. No person shall refuse an employee the privilege hereby conferred, or discharge or threaten to discharge an employee or subject an employee to a penalty, because of the exercise of the privilege.
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 129, sec. 7, effective July 15, 2008. — Amended
1998 Ky. Acts ch. 4, sec. 1, effective February 17, 1998. — Amended 1990 Ky. Acts ch. 26, sec. 1, effective July 13, 1990; and ch. 48, sec. 36, effective July 13, 1990. — Amended 1988 Ky. Acts ch. 341, sec. 35, effective July 15, 1988. — Amended 1986
Ky. Acts ch. 287, sec. 12, effective July 15, 1986. — Created 1974 Ky. Acts ch. 130, sec. 99, effective June 21, 1974.
(2) As provided in Section 148 of the Constitution of Kentucky, any person entitled to a vote at any election in this state shall, if he has made application for leave prior to the day he appears before the county clerk to request an application for or to execute an absentee ballot, be entitled to absent himself from any services or employment in which he is then engaged or employed for a reasonable time, but not less than four (4) hours on the day he appears before the clerk to request an application for or to execute an absentee ballot, during normal business hours of the office of the clerk or to cast his ballot on the day of the election between the time of opening and closing the polls. The employer may specify the hours during which an employee may absent himself.
Terms Used In Kentucky Statutes 118.035
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Election officer: means any person tasked with election administration within this state, as context dictates the defined role, including but not limited to the Secretary of State and his or her employees, members of the State Board of Elections and staff, members of the county boards of election and staff, precinct election officers, election officials, and poll workers. See Kentucky Statutes 118.015
- Regular election: means the election in even-numbered years at which members of Congress are elected and the election in odd-numbered years at which state officers are elected. 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
(3) No person shall be penalized for taking a reasonable time off to vote, unless, under circumstances which did not prohibit him from voting, he fails to vote. Any qualified voter who exercises his right to voting leave under this section but fails to cast his vote, under circumstances which did not prohibit him from voting, may be subject to disciplinary action.
(4) Any person selected to serve as an election officer shall be entitled to absent himself from any services or employment in which he is then engaged or employed for a period of an entire day to attend training or to serve as an election officer. The person shall not, because of so absenting himself, be liable to any penalty. The employer may specify the hours during which the employee may absent himself. No person shall refuse an employee the privilege hereby conferred, or discharge or threaten to discharge an employee or subject an employee to a penalty, because of the exercise of the privilege.
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 129, sec. 7, effective July 15, 2008. — Amended
1998 Ky. Acts ch. 4, sec. 1, effective February 17, 1998. — Amended 1990 Ky. Acts ch. 26, sec. 1, effective July 13, 1990; and ch. 48, sec. 36, effective July 13, 1990. — Amended 1988 Ky. Acts ch. 341, sec. 35, effective July 15, 1988. — Amended 1986
Ky. Acts ch. 287, sec. 12, effective July 15, 1986. — Created 1974 Ky. Acts ch. 130, sec. 99, effective June 21, 1974.