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Processing, counting, and challenging absentee/mail-in ballots in Kentucky, 2020
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In August 2020, The New York Times estimated that 80 million Americans would vote by absentee/mail-in ballot in November 2020. That would have been more than double the number who did so in November 2016.[1] The processes states use to count absentee/mail-in ballots have come under closer inspection by state officials, candidates, political parties, and the media.
This article describes the rules in Kentucky for processing, counting, and rejecting absentee/mail-in ballots in effect for the November 2020 election. It includes:
- How ballots are processed and counted
- Whether ballots can be challenged
- Conditions for rejecting a ballot
- Whether voters can correct mistakes on a ballot
The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.
Processing and counting ballots
Upon receiving completed absentee/mail-in ballots, election officials must first process the ballots before they can be counted. Processing generally entails verifying voter signatures and physically preparing ballots for tabulation. Processing practices can vary widely from state to state. Counting entails the actual tabulation of votes.
The table below highlights key dates and deadlines related to absentee/mail-in voting in Kentucky for the November 2020 election.
Processing ballots
Officials in Kentucky began processing absentee/mail-in ballots at 8:00am on November 3, 2020. As of November 2020, Kentucky law included the following provision for processing absentee/mail-in ballots:
| “ | (6) The clerk shall deposit all of the absentee ballots returned by mail in a locked ballot box immediately upon receipt without opening the outer envelope. The ballot box shall be locked with three (3) locks. The keys to the box shall be retained by the three (3) members of the central absentee ballot counting board, if one is appointed, or by the members of the board of elections, and the box shall remain locked until the ballots are counted. All voting equipment on which ballots are cast as permitted in subsection (2) of this section shall also remain locked and the keys shall be retained by the three (3) members of the central absentee ballot counting board, if one is appointed, or by the members of the board of elections, and the equipment shall remain locked until the ballots are counted.
(7) The clerk shall keep a list for each election of all persons who return their absentee ballots by mail or who cast their ballots in the clerk's office or other place designated by the county board of elections and approved by the State Board of Elections, and shall send a copy of each list to the state board after the election day for which the list applies. Notwithstanding the provisions of the Kentucky Open Records Act, KRS 61.870 to 61.884 , each list of all persons who return their absentee ballots by mail or cast their ballots in the clerk's office or other designated and approved place shall not be made public until after the close of business hours on the election day for which the list applies. The county clerk and the Secretary of State shall keep a record of the number of votes cast by absentee ballots returned by mail and cast on the voting machine in the county clerk's office or other place designated by the county board of elections and approved by the State Board of Elections, which are cast in any election as a part of the official returns of the election.[2] |
” |
See law: Kentucky Revised Statutes Title X. Elections § 117.086
Counting ballots
Officials in Kentucky began counting absentee/mail-in ballots at 8:00am on November 3, 2020. As of November 2020, Kentucky law included the following provision for counting absentee/mail-in ballots:
| “ | (3) Beginning at 8 a.m. on election day, the board shall meet at the clerk's office to count the absentee ballots returned by mail and the ballots cast on the voting machine in the county clerk's office or other place designated by the county board of elections and approved by the State Board of Elections. Candidates or their representatives shall be permitted to be present. The county board of elections shall authorize representatives of the news media to observe the counting of the ballots. The board shall open the boxes containing absentee ballots returned by mail and remove the envelopes one (1) at a time. As each envelope is removed, it shall be examined to ascertain whether the outer envelope and the detachable flap are in proper order and have been signed by the voter. A person having power of attorney for the voter and who signs the detachable flap and outer envelope for the voter shall complete the voter assistance form required by KRS 117.255 . The signatures of two (2) witnesses are required if the voter signs the form with the use of a mark instead of the voter's signature. [2] | ” |
See law: Kentucky Revised Statutes Title X. Elections § 117.315
Kentucky law included the following provision for who may count absentee/mail-in ballots:
| “ | (2) The county board of elections shall count the absentee ballots returned by mail and the votes cast on the voting machine in the county clerk's office or other place designated by the county board of elections and approved by the State Board of Elections. The board may appoint a central ballot counting board of not less than three (3) members, who shall be qualified voters and no more than two-thirds ( 2/3 ) of whom shall be members of the same political party, to count the ballots at the direction of the county board of elections.[2] | ” |
See law: Kentucky Revised Statutes Title X. Elections § 117.087.
Kentucky law included the following provision for poll watchers:
| “ | (1) Each political party is entitled to have not exceeding two (2) challengers at each precinct during the holding of the primary election. Any group of bona fide candidates, as defined in KRS 118.176 , of the same political party equal to twenty-five percent (25%) of all the candidates for that party to be voted for in a county in any primary, including state, district, and all other candidates, may recommend to the county committee or governing authority of the party for the county a list of persons whom they desire to have appointed as challengers in each precinct in the county.[2] | ” |
See law: Kentucky Revised Statutes Title X. Elections § 117.315
Challenging ballots
Absentee/mail-in ballots may be challenged in an attempt to prevent the ballot from being counted. Ballots may be challenged for a variety of reasons, including: allegations that the voter is not qualified to vote in the election, the ballot was not received by the stated deadline, or that the voter had already voted in the same election. The methods and reasons for challenging ballots vary and are provided in state law. States without such provisions do not allow challenging absentee/mail-in ballots.
As of November 2020, Kentucky law included the following provision for challenging ballots:
| “ | (4) When the name of a voter who cast an absentee ballot by mail is read aloud by the chairman, the vote of the voter may be challenged by any board member or by the written challenge provided in subsection (1) of this section and the challenge may be determined and the vote accepted or rejected by the board as if the voter was present and voting in person; but if the outer envelope and the detachable flap are regular, and substantially comply with the provisions of this chapter, they shall be considered as showing that the voter is prima facie entitled to vote.[2] | ” |
See law: Kentucky Revised Statutes Title X. Elections § 117.087
As of November 2020, Kentucky law included the following provision for handling challenged ballots:
| “ | If the vote of a voter is rejected pursuant to the challenge, the inner envelope shall not be opened, but returned to the outer envelope upon which the chairman shall write on the envelope the word “rejected.”[2] | ” |
See law: Kentucky Revised Statutes Title X. Elections § 117.087
Rejecting ballots
As of November 2020, Kentucky law included the following provision for rejecting absentee/mail-in ballots:
| “ | All unsigned absentee ballots shall be rejected automatically. The chairman of the county board of elections shall compare the signatures on the outer envelope and the detachable flap with the signature of the voter that appears on the registration card. If the outer envelope and the detachable flap are found to be in order, the chairman shall read aloud the name of the voter. If the vote of the voter is not rejected on a challenge then made as provided in subsection (4) of this section, the chairman shall remove the detachable flap and place the inner envelope unopened in a ballot box which has been provided for the purpose.[2] | ” |
See law: Kentucky Revised Statutes Title X. Elections § 117.087
Ballot curing
Ballot curing refers to the process by which voters can correct mistakes—such as a missing or mismatched signature—with an absentee/mail-in ballot so that the ballot can be counted. Ballot curing provisions lay out this process in state law. States without such provisions do not count absentee/mail-in ballots with errors.[3]
As of November 2020, Kentucky law did not include a provision for curing ballots.
Rules in other states
Click on a state below to view information on processing, counting, and challenging absentee/mail-in ballots in that state.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
More frequently asked questions about the 2020 election
Click on a question below to read the answer:
- General election information
- Who runs elections in the United States?
- Why do states have different election rules?
- What methods do states use to prevent election fraud?
- Do you have to vote for everything on your ballot?
- What happens if you mark outside the lines or use the wrong pen/pencil?
- What is a spoiled ballot?
- What is a write-in candidate?
- How can I check the status of my ballot?
- Can I take a ballot selfie?
- Presidential election
- What happens if a presidential candidate declares victory in the 2020 election before results are final?
- Can presidential candidates win the election if they have already conceded?
- What are the steps and deadlines for electing the President of the United States?
- What happens if there is a tie in the Electoral College?
- What are faithless electors in the Electoral College?
- What happens if a presidential nominee becomes incapacitated before the election?
- Can members of Congress object to Electoral College results?
- Processing and counting absentee/mail-in ballots
- What is the life cycle of an absentee/mail-in ballot?
- What happens if I vote by mail and want to change my ballot at a later date?
- What happens if someone votes by mail and then tries to vote in person?
- How do states protect and verify absentee/mail-in ballots?
- How do election workers match signatures?
- Are results reported on election night coming from in-person or absentee/mail-in votes?
- Do states report how many mail-in/absentee ballots are outstanding on election night?
- Do absentee/mail-in ballots take longer to count than in-person ballots?
- What happens if someone votes by mail-in ballot or absentee ballot and subsequently passes away before Election Day?
- Disputing election results
- How will election recounts work?
- How close does an election have to be to trigger an automatic recount?
- Can a candidate or voter request a recount?
- Who pays for recounts and contested elections?
- What are poll watchers?
- What does it mean to challenge a voter's eligibility, and who can do it?
- What is a redo election?
- Who can file election-related lawsuits?
- What are the reasons to call a redo election?
- Who can call a redo election?
- Can a redo be held for a presidential election?
- Transitions of power and taking office
- Who is the president if election results are unknown by January 20, 2021?
- Who serves in Congress if election results are unknown by January 2021?
- Who serves in a state or local government if election results are unknown?
- What happens if the winning presidential candidate becomes incapacitated before taking office?
- Articles about potential scenarios in the 2020 election
- U.S. Supreme Court actions affecting the November 3, 2020, general election
See also
- Ballotpedia's 2020 Election Help Desk
- Ballotpedia's 2020 Election Help Desk: Processing and counting absentee/mail-in ballots
- Absentee/mail-in voting, 2020
Footnotes
- ↑ The New York Times, "Where Americans Can Vote by Mail in the 2020 Elections," August 14, 2020
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ National Conference of State Legislatures, "VOPP: Table 15: States That Permit Voters to Correct Signature Discrepancies," September 21, 2020
