Kentucky Statutes 119.165 – Penalties for falsely personating a voter or voting by nonresident or unqualified person or convicted felon
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(1) Any person who falsely personates a registered voter, and receives and casts a ballot by means of such personation, shall be guilty of a Class D felony. An attempt at such personation shall constitute a Class A misdemeanor.
(2) Any person who, by means other than falsely personating a registered voter, votes at an election in this state when he is a resident of another state or country, or votes more than once at an election, or votes by use of the naturalization papers of another person, shall be guilty of a Class D felony. Any person who knowingly votes or attempts to vote in a precinct other than the one in which he resides shall be guilty of a Class A misdemeanor, unless by voting in a precinct in which he does not live he is enabled to vote in a race or on a matter in which he could not vote in his proper precinct in which case he shall be guilty of a Class D felony. Any person who lends or hires his or another’s naturalization papers to be used for the purpose of voting shall be subject to the same penalty.
For details, see § 532.060 and § 532.090
(3) Any person lawfully registered to vote who is then convicted of a felony offense and has not previously been restored to their voting rights who then knowingly votes or attempts to vote shall be guilty of a Class D felony.
(4) Any resident of this state who, by means other than falsely personating a registered voter, votes at a regular or special election before he has resided in this state thirty (30) days, or in the county and precinct where the election is held the time required by law, or before he has attained full age, or before he has become a citizen, shall be guilty of a Class B misdemeanor.
(5) Any person who, by means other than falsely personating a registered voter, votes in a primary election knowing that he is not qualified as provided in KRS § 116.055, shall be guilty of a violation.
(6) Any person who applies for or receives a ballot at any voting place other than the one at which he is entitled to vote, under circumstances not constituting a violation of any of the provisions of subsections (1) to (3) of this section, shall be guilty of a Class A misdemeanor.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 74, sec. 7, effective June 29, 2023. — Amended
1992 Ky. Acts ch. 463, sec. 12, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 48, sec. 74, effective July 13, 1990. — Created 1974 Ky. Acts ch. 130, sec. 77.
(2) Any person who, by means other than falsely personating a registered voter, votes at an election in this state when he is a resident of another state or country, or votes more than once at an election, or votes by use of the naturalization papers of another person, shall be guilty of a Class D felony. Any person who knowingly votes or attempts to vote in a precinct other than the one in which he resides shall be guilty of a Class A misdemeanor, unless by voting in a precinct in which he does not live he is enabled to vote in a race or on a matter in which he could not vote in his proper precinct in which case he shall be guilty of a Class D felony. Any person who lends or hires his or another’s naturalization papers to be used for the purpose of voting shall be subject to the same penalty.
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 |
| Class B misdemeanor | up to 90 days | up to $250 |
Terms Used In Kentucky Statutes 119.165
- 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) Any person lawfully registered to vote who is then convicted of a felony offense and has not previously been restored to their voting rights who then knowingly votes or attempts to vote shall be guilty of a Class D felony.
(4) Any resident of this state who, by means other than falsely personating a registered voter, votes at a regular or special election before he has resided in this state thirty (30) days, or in the county and precinct where the election is held the time required by law, or before he has attained full age, or before he has become a citizen, shall be guilty of a Class B misdemeanor.
(5) Any person who, by means other than falsely personating a registered voter, votes in a primary election knowing that he is not qualified as provided in KRS § 116.055, shall be guilty of a violation.
(6) Any person who applies for or receives a ballot at any voting place other than the one at which he is entitled to vote, under circumstances not constituting a violation of any of the provisions of subsections (1) to (3) of this section, shall be guilty of a Class A misdemeanor.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 74, sec. 7, effective June 29, 2023. — Amended
1992 Ky. Acts ch. 463, sec. 12, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 48, sec. 74, effective July 13, 1990. — Created 1974 Ky. Acts ch. 130, sec. 77.