Buried in a bill passed by the General Assembly on its way out the door is a single word added to a single Kentucky Revised Statute. The addition of that one word makes it possible for mail-in voting to happen in Kentucky.
House Bill 351 was passed by the legislature on April 1, the day they met to pass the budget. It is the revenue bill that accompanies the budget, and contains 244 pages of additions and deletions to the tax laws and other revenue-related statutes.
But on page 242, in the midst of an existing section of statutes related to the governor’s executive powers, they added the word “manner.” And that one word makes a huge difference.
Previously, the statute said that whenever there was a state of emergency, the secretary of state and the governor could change the time or place of an election. This is what allowed Governor Beshear and SOS Adams to move the primary out to June. (The current law says it must be moved no later than 35 days from the previously scheduled date; that law hasn’t changed.)
But now, as a result of HB 351, the statute now reads:
In the event of the occurrence or threatened or impending occurrence of any of the situations or events contemplated by KRS 39A.010, 39A.020, or 39A.030, the Governor may declare, in writing, that a state of emergency exists. The Governor shall have and may exercise the following emergency powers during the period in which the state of emergency exists:
(various emergency powers listed)
(l) Upon the recommendation of the Secretary of State, to declare by executive order a different time, place, or manner for holding elections in an election area for which a state of emergency has been declared for part or all of the election area. The election shall be held within thirty-five (35) days from the date of the suspended or delayed election. The State Board of Elections shall establish procedures for election officials to follow. Any procedures established under this paragraph shall be subject to the approval of the Secretary of State and the Governor by respective executive orders.
Does this automatically mean that we will use mail-in voting for the upcoming primary, or for the general election in November? Not at all. But it DOES make that possible, in an explicit way that wasn’t there before.
Since it is only during the declared state of emergency, it is not a permanent change. But it is a chance for our state to expand mail-in absentee voting, at least, and perhaps to try holding the entire election using mail-in ballots. If that goes well, perhaps it can be adopted and used in the future.
SOS Adams issued a statement after the bill passed, thanking the legislature for making the change. “It’s my concern, after an exhaustive process of consultation with our county clerks, the State Board of Elections and others, that we need to at least be prepared to have an expanded absentee balloting system available by June 23,” Adams said. “I’d like us to be able to prepare in advance for a situation where we have limited in-person voting and expanded voting by mail.”
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