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E-Vote: Can Voters With Outstanding Warrants Be Arrested At the Polls? Kentucky Site Quashes Rumors

If a voter's house is under foreclosure, will he or she be able to vote?

Kentucky Secretary of State Trey Grayson announced the launch of a page on the vote.ky.gov Web site that debunks common election rumors, which have been swirling around the commonwealth. Grayson is encouraging citizens to get the facts by checking out the Election Rumor Control Webpage.

"Election offices across the country are being inundated with rumors that are needlessly confusing voters," stated Grayson. "We wanted to have this site available so that concerned citizens can easily access information and get the facts about voting in Kentucky."

Rumors Currently Circulating

Rumors and facts related to voters in Kentucky:

  • A voter will be turned away if he or she is wearing campaign apparel. FACT: While electioneering, such as campaigning or soliciting votes, is prohibited within 300 feet of the polls, the wearing of campaign apparel such as hats, buttons, or shirts will not prevent a voter from voting.
  • If a voter's house is under foreclosure, he or she will not be able to vote. FACT: A foreclosure notice does not necessarily mean that a person no longer resides in the home, as people often remain in the home after foreclosure begins and are sometimes able to refinance the home. Voters whose homes have been foreclosed but who remain in their homes may continue to vote in their assigned precinct. If a voter has moved, he or she needs to be registered at his or her new address. If the voter did not update his or her address before the voter registration deadline and has moved within the county, the voter will be able to vote at the precinct of his or her new residence. If the voter moved to another county after the voter registration deadline, he or she is allowed to go back to the old county of residence and vote in this election only.
  • Provisional ballots are only counted when there is a close race. FACT: A provisional ballot is always counted when the voter is shown to be registered and eligible, regardless of the closeness of the outcome of the election.
  • Absentee ballots are only counted when there is a close race. FACT: All absentee ballots are counted if properly executed.
  • If a voter owes child support or has pending warrants against him or her, the police will arrest the voter at the polls. FACT: Kentucky's constitution states that voters cannot be arrested while voting, on their way to vote, or returning from their vote except in the cases of a violation of election laws and breach of surety of the peace. The voter registration rolls at the polls have no indicators whether a voter owes child support or has outstanding warrants against him or her. Outstanding arrest warrants, traffic offenses, unpaid parking tickets, or unpaid child support do not impact a voter's eligibility to vote.
  • If a voter selects the "straight party" voting option, he or she must still chose a candidate for president of the United States. If the voter does not do both, the vote for President will not count. FACT: Selecting the "straight party" option will cast a vote for all members of that particular political party on the ballot. However, voters should remember to cast a vote for non-partisan races.
  • A voter can take part in nationwide efforts to video election day voting experiences at the polling location. FACT: While citizens are encouraged to participate in efforts such as the YouTube and PBS initiative to Video Your Vote, Kentucky law prohibits the use of recording equipment at the polls. Voters are encouraged to participate in the program outside of the 300 feet electioneering-free zone around the polls.
  • If a college student registers to vote at the student's college address, the student's
  • parents will not be able to claim the student as a dependent for tax purposes. FACT: Registering to vote in Kentucky alone will not jeopardize a parent's ability to claim a student as a dependent for tax purposes.
  • Poll workers are not allowed to assist a voter if there is a problem in casting a ballot. FACT: Voters who ask for voting assistance due to physical disability, blindness, or an inability to read English may request voting assistance at the polls on election day. Physical disability and blindness are the only two reasons a voter may apply to the county board of elections for permanent voting assistance. A voter may receive assistance from someone of his or her choice or the two election officers at the polls. A voter may not be assisted by his or her employer, the employer's agent, a union officer, or agent of that voter's union. A voter may also request instructions on how to use the voting machine or ask other procedural questions of the precinct election officials assigned to the precinct on election day.
  • A voter can go to any polling place in the state, vote a provisional ballot, and have his or her vote counted. FACT: If a voter does not vote at the polling place where he or she resides, his or her provisional ballot will not be counted. According to state law, a voter is required to cast a ballot in the precinct in which he or she resides.
  • In order to vote in the General Election, a voter had to have voted in the Primary Election in May. FACT: Kentucky has no requirement for voters to vote in one election in order to be eligible to vote in another.
  • Rumor: If a voter leaves a race unvoted, it will cancel his or her votes in the other races. FACT: A voter may choose to not vote in any particular race without it affecting his or her votes in other races.