Election Report
1999 Primary Election

June, 1999 Term

The Fayette County Grand Jury for the June, 1999 term met as required by law to accept reports required to be made to them under KRS 117.355, 117.365, and 119.305. On June 21, 1999, the Grand Jury convened and accepted written reports from the County Clerk and the Board of Elections of Fayette County. On the same day, the Grand Jury took testimony from Kitty Ware of the Voter Registration Division of the Fayette County Clerk's Office and reviewed additional material submitted by that office and by Fayette County Sheriff Harold Buchignani. Both the report of the County Board of Elections and the general report of the County Clerk indicate few major problems in the 1999 Primary Election.

There are serious potential problems, first mentioned by the December 1995 Grand Jury, resulting from the passage of the National Voter Registration Act of 1993, known as the "Motor Voter" law, and recent changes in Kentucky election laws. The November, 1995 election was the first general election under the provisions of both of the new laws.

OTHER REPORTS

In addition to the testimony of Deputy County Clerk Kitty Ware, the Grand Jury received a written report from the County Clerk and written reports from the Board of Elections and Sheriff Harold Buchignani. Ms. Ware brought with her a written report on voter assistance forms as well as copies of all the forms.

The Grand Jury has also had presented to it all Oath of Voter forms, the election day incident reports from the County Clerk's Office and the Board of Elections, and all precinct election sheriff's reports.

VOTE FRAUD

No reports of vote fraud were received. The Attorney General's Election Task Force has referred no reports of fraud in this county. However, the provisions of a new Kentucky law allow a person to arrive at the polls without identification, and vote upon completion of the Oath of Voter form. This creates an opportunity for fraudulent voting. Although the County Clerk's Office compared the signature on the Oath of Voter with the registration card (if one exists), they are not trained in handwriting analysis. Also, a person's signature may change over a period of years due to disability or passage of time.

The most serious danger is that the Oath of Voter can be used for both purposes: identification and registration. A person can walk into the polling place, without identification, and give a name, real or fictitious. When the name does not appear on the precinct list, he executes an Oath of Voter, and votes. In such a case, there is no registration card for signature comparison. Nothing prevents a fraudulent voter or imposter from doing this in as many different precincts as time will permit.

UNQUALIFIED VOTERS

In the past, persons have been indicted for deliberately voting in precincts other than the one in which they reside. The "Motor Voter" law now allows persons to vote in precincts where they currently claim to reside, upon the completion of an Oath of Voter form.

"Motor Voter" also provides that a person who is not listed as registered may vote upon the completion of an Oath of Voter form. The Oath of Voter forms contain this warning: "This Oath shall be returned to the County Clerk who shall deliver it to the Commonwealth's Attorney for investigation." Falsely completing such an oath is punishable as perjury, but it is virtually impossible to check on a person's claim to be registered, since public assistance offices, high schools, drivers' license offices, military recruiters and private citizens are now authorized to accept voter registrations. Fourteen people voted who were not registered. However, no provable case of vote fraud can be charged because of the chaos created in the voter registration system by the new laws. The Commonwealth cannot prove that these people were not registered by some agency or individual other than the County Clerk.

FRAUDULENT TRANSFER

One Fayette County voter arrived at his polling place and was told that his registration had been changed to Kenton County. This was the second time this has happened to him. Each time the change of registration was made at the Kenton Circuit Clerk's Office, Drivers' License Division, at the same time that the voter's driver's license was changed to Kenton County. Photos were obtained, and the matter has been referred to the Commonwealth's Attorney in Kenton County for further investigation. The Kenton Circuit Clerk will request Frankfort to "flag" the operator's license file in case it is tried again.

SUMMARY

The Grand Jury notes no major problems with the 1999 Primary Election and commends the County Clerk, the Board of Elections, and all people who gave of their time on Election Day to serve as precinct officers. However, the testimony and records presented show a serious potential for vote fraud. The Kentucky General Assembly should require:

1. Valid picture identification from all voters unless they are personally known to the precinct workers.

2. If the provisions of the federal "Motor Voter" law are retained, legislation should be enacted in Kentucky requiring any blank voter registration forms distributed to be sequentially numbered. The distribution of these blank forms would be the duty of any of the 120 County Clerks. The Secretary of state and the State Board of Elections would be prohibited from distributing any blank forms. Further, the law should state that any agency or individual who receives blank voter registration forms from their County Clerk, should be required to account for all of the forms they received by requiring the return of the completed forms, the unused blank forms and any spoiled forms so that an accounting of all the forms checked out could be performed using the sequential numbers as an audit trail.

3. Any voter appearing at a precinct to vote, whose name is not listed on the precinct roster, should be required to state, as part of the "Oath of Voter", where and when the claimed registration took place.

These changes cannot be implemented unilaterally by the County Clerks, but will require legislation by the General Assembly, and changes to the forms distributed by the Secretary of State.

FOREPERSON, FAYETTE COUNTY GRAND JURY