Kentucky Statutes 119.115 – Unauthorized possession of key to voting machine, equipment, or system — Tampering with, injuring, or destroying ballots, machines, equipment, or systems
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(1) Any unauthorized person found in possession of any key to a voting machine, voting equipment, or voting system to be used or being used in any primary, regular election, or special election shall be guilty of a Class A misdemeanor.
(2) Any person who, during or before any primary, regular election, or special election, willfully tampers with or attempts to tamper with, disarrange, deface, or impair in any manner whatsoever, injures, or destroys any ballot, or destroys any voting machine, voting equipment, or voting system while in use at an election or at any other time, or who shall, after such voting machine, voting equipment, or voting system is locked and sealed in order to preserve the record of the vote, tamper with or attempt to tamper with the record of the vote, or who aids or abets with intent to destroy or change the record of the vote shall be guilty of a Class D felony.
For details, see § 532.060 and § 532.090
(3) Any election official, or other person entrusted with the custody or control of any voting machine, voting equipment, or voting system shall be guilty of a Class D felony if he or she knowingly and intentionally:
(a) Causes or permits any voting machine, voting equipment, or voting system to fail to correctly register or count votes cast, tampers with or disarranges such voting machine, voting equipment, or voting system in any way;
(b) Unlawfully opens a voting machine, voting equipment, or voting system; (c) Prevents or attempts to prevent the correct operation of a voting machine,
voting equipment, or voting system;
(d) Causes a voting machine, voting equipment, or voting system to be used or consents to its being used for any election with knowledge of the fact that the voting machine, voting equipment, or voting system is not in order, or not perfectly set and adjusted to correctly register all votes cast;
(e) Removes, changes, or mutilates any ballot; or
(f) Directly connects or attempts to directly connect a voting machine, voting equipment, or voting system that tabulates or aggregates votes to a public network, including the Internet, at any time.
Effective:April 7, 2022
History: Amended 2022 Ky. Acts ch. 87, sec. 21, effective April 7, 2022. — Amended 2021 Ky. Acts ch. 197, sec. 64, effective June 29, 2021. — Amended
1992 Ky. Acts ch. 463, sec. 11, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 48, sec. 72, effective July 13, 1990. — Amended 1984 Ky. Acts ch. 111, sec. 65, effective July 13, 1984. — Created 1974 Ky. Acts ch. 277, sec. 1.
(2) Any person who, during or before any primary, regular election, or special election, willfully tampers with or attempts to tamper with, disarrange, deface, or impair in any manner whatsoever, injures, or destroys any ballot, or destroys any voting machine, voting equipment, or voting system while in use at an election or at any other time, or who shall, after such voting machine, voting equipment, or voting system is locked and sealed in order to preserve the record of the vote, tamper with or attempt to tamper with the record of the vote, or who aids or abets with intent to destroy or change the record of the vote 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 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 119.115
- machine: means a part of a voting system that consists of:
(a) A direct recording electronic voting machine that:
1. See Kentucky Statutes 119.005 - 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
- Voting equipment: means any physical component of a voting system and includes voting machines where voting machines are in operation. See Kentucky Statutes 119.005
- Voting system: means :
(a) The total combination of physical, mechanical, electromechanical, or electronic equipment, including the software, hardware, firmware, and documentation required to program, control, and support that equipment, that is used to:
1. See Kentucky Statutes 119.005
(3) Any election official, or other person entrusted with the custody or control of any voting machine, voting equipment, or voting system shall be guilty of a Class D felony if he or she knowingly and intentionally:
(a) Causes or permits any voting machine, voting equipment, or voting system to fail to correctly register or count votes cast, tampers with or disarranges such voting machine, voting equipment, or voting system in any way;
(b) Unlawfully opens a voting machine, voting equipment, or voting system; (c) Prevents or attempts to prevent the correct operation of a voting machine,
voting equipment, or voting system;
(d) Causes a voting machine, voting equipment, or voting system to be used or consents to its being used for any election with knowledge of the fact that the voting machine, voting equipment, or voting system is not in order, or not perfectly set and adjusted to correctly register all votes cast;
(e) Removes, changes, or mutilates any ballot; or
(f) Directly connects or attempts to directly connect a voting machine, voting equipment, or voting system that tabulates or aggregates votes to a public network, including the Internet, at any time.
Effective:April 7, 2022
History: Amended 2022 Ky. Acts ch. 87, sec. 21, effective April 7, 2022. — Amended 2021 Ky. Acts ch. 197, sec. 64, effective June 29, 2021. — Amended
1992 Ky. Acts ch. 463, sec. 11, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 48, sec. 72, effective July 13, 1990. — Amended 1984 Ky. Acts ch. 111, sec. 65, effective July 13, 1984. — Created 1974 Ky. Acts ch. 277, sec. 1.