31 Ky. Admin. Regs. 4:031 – Reporting.

RELATES TO:

KRS 117.085, 117.086, 117.235, 117.255, 117.265, 117.275,117.355, 118.025, 118.215, 118.425, 118.770, 119.307

STATUTORY AUTHORITY:

KRS 117.015(1)(a), 117.086(5), 117.275(15), 117.355(4), 118.425(4)

CERTIFICATION STATEMENT:

This is to certify that this administrative regulation complies with the requirements of 2025 RS HB6, Section 8.

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 117.015(1)(a) authorizes the State Board of Elections to promulgate administrative regulations necessary to implement the provisions of KRS Chapter 117. KRS 117.355 requires the State Board of Elections to prescribe the forms for the precinct election sheriff and the county board of elections to report election irregularities and recommendations for improving the election process, to report special ballot and voter assistance usage statistics, and to report other information required by the state board. KRS 117.086(5) requires the State Board of Elections to prescribe a form on which the county board of elections shall report the number of rejected absentee ballots and the reasons for rejection of those ballots. KRS 118.425(4) requires the State Board of Elections to prescribe a form by which the county board of elections shall make out duplicate certificates of the total number of votes received by each of the candidates for office and the total number of votes for an against each of the ballot questions. KRS 117.275(15) requires a secure online connection be available for the transmission of unofficial election results from county boards of election to the State Board of Elections following the tallying of votes. This administrative regulation establishes the procedure and forms for the county clerk, the county board of elections, and the precinct election sheriff to report election and voting data after the election.

Section 1. Reporting forms shall be filed and pursuant to:
1. (1) KRS 117.355(1), the precinct election sheriff shall file the Precinct Election Sheriff's Post-election Report, SBE 53, with the chair of the county board of elections and the local grand jury;
2. (2) KRS 117.355(2), the county board of elections shall file the County Board of Elections Post-election Report, SBE 54, with the State Board of Elections and the local grand jury;
3. (3) KRS 117.275(7) and 117.355(2), the county board of elections shall file the County Board of Elections Post-election Statistical Report, SBE 54A, with the State Board of Elections;
4. (4) KRS 117.355(2), the county board of elections shall file the County Board of Elections Precinct Election Officials Absence Report, SBE 54B, with the State Board of Elections;
5. (5) KRS 117.275(12) and 117.086(4)(c), the county clerk shall file the County Board of Elections Provisional Ballots Issued to Voters and Counted, SBE 54C, with the State Board of Elections.
6. (6) KRS 117.086(4)(a)-(b), the county clerk shall file the Absentee Ballot Report, SBE 33A, with the State Board of Elections;
7. (7) KRS 117.086(5), the county board of elections shall file the Number of Rejected Absentee Ballots and Reasons for Rejected Ballots, SBE 33B, as well as Number Of Issued, Returned, And Rejected Absentee Ballots To Military, Their Dependents, And Overseas Voters, SBE 33C; and
8. (8) KRS 117.275(11)-(12) and 118.425(4), the county board of elections shall file the Certification Official Count and Record of Election Totals, SBE 49, with the Secretary of State.
Section 2. Any form described in Section 1 of this administrative regulation that is capable of being recorded or filled automatically through the State Board of Elections' Voter Registration System may be deemed by the State Board of Elections as being transmitted following the successful capture of all required information by the Voter Registration System.
Section 3.
1. (1) Pursuant to KRS 117.275(15), the State Board of Elections shall develop and maintain a platform with a secure online connection for the transmission of unofficial election results from county boards of election to the State Board of Elections following the tallying of votes for all primary, and regular elections, as well as special elections for statewide office, the General Assembly, and the United States Congress.
2. (2) Beginning at 6:00 p.m., prevailing time, on the day of a primary or regular election, as well as a special election for statewide office, the General Assembly, and the United States Congress, county boards of election shall use the secure online platform maintained by the State Board of Elections to transmit their county's unofficial election tally. The unofficial vote tally transmitted shall include precinct-by-precinct totals from counts of all mail-in absentee ballots, excused in-person absentee ballots, no-excuse in-person absentee ballots, and election day ballots, and shall include totals for those candidates who have filed a declaration of intent with the Secretary of State to be a write-in candidate pursuant to KRS 117.265(2), provided five (5) percent or more of the votes cast in that candidate's election, were for write-in candidates. Unofficial vote tallys transmitted using the secure online platform shall be transmitted using a computer-file-type and format selected by the State Board of Elections, which shall be selected following the certification of candidates by the Secretary of State pursuant to KRS 118.215(1), or immediately after receiving the Secretary of State's certification pursuant to KRS 118.770.
3. (3) The State Board of Elections shall display the tally information received from the county boards of election through the secure online transmittal platform on a secure Web site freely available to the general public. The display shall list precinct-by-precinct tallys for all candidates and questions, but shall only list a candidate's precinct absentee vote totals as cumulative.
4. (4) County boards of election or county clerks shall verify with the State Board of Elections that their county's unofficial vote tally has been successfully transmitted to the State Board of Elections no later than six (6) hours after the close of polls. If a county's tally is not completed six (6) hours after the close of polls, a representative of the county clerk's office shall update the State Board of Elections by telephone as to the status of the tally transmittal at the end of the sixth hour and then subsequently at the top of each following hour unless the transmittal is completed before that time.
Section 4. Incorporation by Reference.
1. (1) The following material is incorporated by reference:
  1. (a) "Precinct Election Sheriff's Post-election Report", SBE 53, 04/2024;
  2. (b) "County Board of Elections Post-election Report", SBE 54, 04/2024;
  3. (c) "County Board of Elections Post-election Statistical Report", SBE 54A, 04/2024;
  4. (d) "County Board of Elections Precinct Election Officials Absence Report", SBE 54B, 04/2024;
  5. (e) "County Board of Elections Provisional Ballots Issued to Voters and Counted", SBE 54C, 10/202504/2024;
  6. (f) "Absentee Ballot Report", SBE 33A, 04/2024;
  7. (g) "Number of Rejected Absentee Ballots and Reasons for Rejected Ballots", SBE 33B, 04/2024; and
  8. (h) Number Of Issued, Returned, And Rejected Absentee Ballots To Military, Their Dependents, And Overseas Voters, SBE 33C, 10/2025; and
  9. (i) "Certification Official Count and Record of Election Totals", SBE 49, 10/202504/2024.
2. (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the State Board of Elections, 140 Walnut Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be obtained on the board's Web site at https://elect.ky.gov.

KAREN SELLERS, Executive Director

APPROVED BY AGENCY: October 13, 2025

FILED WITH LRC: October 14, 2025 AT 11:55 a.m.

PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on December 22, 2025, at 11:00 a.m. ET, at the Office of the State Board of Elections. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. This hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until December 31, 2025. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

CONTACT PERSON: Taylor Brown, General Counsel, 140 Walnut Street, Frankfort, Kentucky 40601, Phone: (502) 782-9499, Email: TaylorA.Brown@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

Contact Person: Taylor Brown
Subject Headings: Elections and Voting; County Clerks; Local Governments
1. (1) Provide a brief summary of:
  1. (a) What this administrative regulation does: This administrative regulation establishes the secure online connection for the transmission of unofficial election results from county boards of election to the State Board of Elections following the tallying of votes, as well as the procedure and forms for the county clerk, the county board of elections, and the precinct election sheriff to report election and voting data after the election.
  2. (b) The necessity of this administrative regulation: This administrative regulation is necessary to maintain the maximum degree of correctness, impartiality, and efficiency in the procedures of voting.
  3. (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 117.015(1)(a) authorizes the State Board of Elections to promulgate administrative regulations necessary to properly carry out its duties.
  4. (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation assists in maintaining the maximum degree of correctness, impartiality, and efficiency in the procedures of voting.
2. (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
  1. (a) How the amendment will change this existing administrative regulation: This amendment adds Form SBE 33C to the reporting requirements of county boards of election.
  2. (b) The necessity of the amendment to this administrative regulation: This amendment allows for tracking of the number of issued, returned, and rejected absentee ballots to military, their dependents, and overseas voters.
  3. (c) How the amendment conforms to the content of the authorizing statutes: KRS 117.015(1)(a) authorizes the State Board of Elections to promulgate administrative regulations necessary to properly carry out its duties.
  4. (d) How the amendment will assist in the effective administration of the statutes: This amendment will assist in maintaining the maximum degree of correctness, impartiality, and efficiency in the procedures of voting.
3. (3) Does this administrative regulation or amendment implement legislation from the previous five years? This amendment does not implement legislation from the previous five years.
4. (4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This administrative regulation will affect voters of the Commonwealth, county boards of election, and the State Board of Elections.
5. (5) Provide an analysis of how the entities identified in question (4) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
  1. (a) List the actions that each of the regulated entities identified in question (4) will have to take to comply with this administrative regulation or amendment: . To comply with this amendment, each county board of elections will need to ensure that they track the number of issued, returned, and rejected absentee ballots to military, their dependents, and overseas voters, and record them on the Form SBE 33C.
  2. (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4): The State Board of Elections estimates that the implementation of this administrative regulation will have minimal costs.
  3. (c) As a result of compliance, what benefits will accrue to the entities identified in question (4): Compliance with this new administrative regulation will benefit all by assisting in maintaining the maximum degree of correctness, impartiality, and efficiency in the procedures of voting.
6. (6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
  1. (a) Initially: The cost of the implementation of this administrative regulation for the State Board of Elections will be minimal.
  2. (b) On a continuing basis: The continuing costs of this administrative regulation for the State Board of Elections will be minimal.
7. (7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment: Funds from the State Board of Elections’ administrative budget will be used in the implementation and enforcement of this administrative regulation.
8. (8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: Implementation of this administrative regulation can be achieved without an increase in fees or funding by the General Assembly.
9. (9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: No fees are associated with this administrative regulation.
10. (10) TIERING: Is tiering applied? Tiering is not used in this administrative regulation, as a desired result of the promulgation of this administrative regulation is uniform procedures for the administration of elections throughout all of the counties in the Commonwealth.

FISCAL IMPACT STATEMENT

(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation: KRS 117.015(1)(a), KRS 117.355, KRS 117.086(5), KRS 118.425(4), and KRS 117.275(15) require and authorize the actions taken by this administrative regulation.
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act: This administrative regulation is expressly authorized by the creation of KRS 117.015(a), 2005 Ky. Acts ch. 91, sec. 2.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions: This administrative regulation will affect the promulgating agency, the State Board of Elections.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. 1. Expenditures:
  1. For the first year: The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
  2. For subsequent years: The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
2. 2. Revenues:
  1. For the first year: It is not expected or intended that this administrative regulation will generate any revenue.
  2. For subsequent years: It is not expected or intended that this administrative regulation will generate any revenue.
3. 3. Cost Savings:
  1. For the first year: The State Board of Elections expects that this administrative regulation will not generate any specific cost savings.
  2. For subsequent years: The State Board of Elections expects that this administrative regulation will not generate any specific cost savings.
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts): This administrative regulation will affect county boards of election. (b) Estimate the following for the first year:
(b) Estimate the following for each affected local entity identified in (4)(a):
1. 1. Expenditures:
  1. For the first year: The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
  2. For subsequent years: The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
2. 2. Revenues:
  1. For the first year: It is not expected or intended that this administrative regulation will generate any revenue.
  2. For subsequent years: It is not expected or intended that this administrative regulation will generate any revenue.
3. 3. Cost Savings:
  1. For the first year: The State Board of Elections expects that this administrative regulation will not generate any specific cost savings for the regulated entities.
  2. For subsequent years: The State Board of Elections expects that this administrative regulation will not generate any specific cost savings for the regulated entities.
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a): This administrative regulation will affect voters of the Commonwealth.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. 1. Expenditures:
  1. For the first year: The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
  2. For subsequent years: The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
2. 2. Revenues:
  1. For the first year: It is not expected or intended that this administrative regulation will generate any revenue.
  2. For subsequent years: It is not expected or intended that this administrative regulation will generate any revenue.
3. 3. Cost Savings:
  1. For the first year: The State Board of Elections expects that this administrative regulation will not generate any specific cost savings for the regulated entities.
  2. For subsequent years: The State Board of Elections expects that this administrative regulation will not generate any specific cost savings for the regulated entities.
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation: The State Board of Elections expects that this administrative regulation will have little to no fiscal impact on the regulated entities, outside those expenditures already undertaken.
(b) Methodology and resources used to reach this conclusion: This determination of this administrative regulation’s fiscal impact is made by the listed contact person and other agency staff based on their collective experience with the subject matter.
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14): The State Board of Elections does not expect that this administrative regulation will result in a "major economic impact" as the combined implementation and compliance costs of an administrative regulation are not expected no rise to at least five hundred thousand dollars ($500,000) over any two (2) year period.
(b) The methodology and resources used to reach this conclusion: This conclusion is made by the listed contact person and other agency staff based on their collective experience with the subject matter.