Kentucky Election Code

Chapter 116: Voter Registration

116.005 Repealed

116.010 Repealed

116.013. “Voter” defined.

Unless the context otherwise requires, the word “voter” means any name contained in any registration list.

HISTORY: 1974 c 130, § 1, eff. 6-21-74

116.015. Board of Election Commissioners and Board of Registration and Purgation redesignated as Board of Elections. [Repealed.]

116.020. Secretary of board — Records — Compensation and expenses of board. [Repealed.]

116.025. Eligibility to vote.

(1) Every person who is a resident of this state and the precinct in which he or she offers to vote on or before the day preceding the closing of the registration books for any primary, general, or special election, who possesses on the day of any election the qualifications set forth in Section 145 of the Constitution, exclusive of the durational residency requirements, who is not disqualified under that section or under any other statute, and who is registered as provided in this chapter, may vote for all officers to be elected by the people and on all public questions submitted for determination at that election, in the precinct in which he or she is qualified to vote. Any person who shall have been convicted of any election law offense which is a felony shall not be permitted to vote until his or her civil rights have been restored by executive pardon.

(2) Any person charged with or indicted for a crime, whether or not in custody for same, who has not yet been convicted of the offense and who is not otherwise ineligible to vote, may vote for all offices to be elected by the people and on all public questions submitted for determination at that election, in the precinct in which he or she is qualified to vote.

(3) A registered voter who changes his or her place of residence from one (1) precinct to another within the same county while the registration books are closed shall be permitted to update the voting records and to vote in the present election at the appropriate precinct for the current address as set forth in KRS 116.085(3).

(4) Notwithstanding any provision of law to the contrary, any registered voter who changes his or her place of residence from one (1) precinct to another within the same county prior to the closing of the registration books and who fails to transfer his or her registration with the county clerk prior to the date the registration books are closed shall be permitted to vote in the present election at the appropriate precinct for the current address as set forth in KRS 116.085(2).

(5) Any registered voter who changes his or her place of residence to a different county while the registration books are closed shall be permitted to vote at the appropriate precinct for his or her former residence in the present election and shall thereafter transfer his or her voter registration.

(6) Any registered voter who changes his or her place of residence to a different county and fails to register to vote in the county of current residence prior to the date the registration books are closed shall not be eligible to vote in the present election in the county of current residence or the county of former residence.

(7) Any registered voter who changes his or her place of registration to a different state while the registration books are closed in the new state of residence before a presidential election shall be permitted to cast an absentee ballot for President and Vice President only, notwithstanding subsection (1) of this section, by mail or at the county clerk’s office of the former residence or other place designated by the county board of elections and approved by the State Board of Elections.

HISTORY: 2006 c 107, § 2, eff. 3-30-06; 2002 c 63, § 1, eff. 7-15-02; 1994 c 393, § 4, eff. 1-1-95; 1990 c 48, § 2, eff. 7-13-90; 1988 c 341, § 20; 1982 c 360, § 36; 1974 c 130, § 2

116.030. Meetings of board — Quorum — Chairman. [Repealed.]

116.035. Determination of voter’s residence.

The following rules, so far as applicable, shall be observed in determining the residence of a person offering to vote:

(1) A voter’s residence shall be deemed to be at the place where his or her habitation is, and to which, when absent, he or she has the intention of returning;

(2) A voter shall not lose his or her residence by absence for temporary purposes merely; nor shall he or she obtain a residence by being in a county or precinct for such temporary purposes, without the intention of making that county or precinct his or her home;

(3) A voter shall lose his or her residence by removal to another state or county with intention to make his or her permanent residence there, or by removal to and residence in another state, with intention to reside there an indefinite time, or by voting there, even though he or she may have had the intention to return to this state at some future period;

(4) The place where the family of a married person resides shall generally be considered his or her residence, unless the family so resides for a temporary purpose. If his family is permanently in one (1) place, and he or she transacts business in another, the former shall be the residence.

HISTORY: 2002 c 63, § 2, eff. 7-15-02; 1974 c 130, § 3, eff. 6-21-74 by 1974 c 130, § 3, eff. 6-21-74; 1972 c 188, § 7; 1952 c 134, § 2.

116.037. Designation of precincts in area ceded or leased to the government of the United States.

In each county having within its boundaries a geographical area which has been ceded or leased to the government of the United States, the county clerk shall designate the precincts to which voters claiming Kentucky residence for voting purposes shall be assigned. If the ceded or leased territory extends beyond a single county, the county clerk in each county encompassing a part of the territory shall assign voters to the appropriate precincts. In making the assignments of absentee voters in any county that contains all or portions of more than one (1) congressional or state legislative district, any advantage shall be given to the district containing the largest territory.

HISTORY: 1990 c 48, § 12, eff. 7-13-90

116.040. County board of election commissioners — Membership — Qualification — Vacancies. [Repealed.]

116.045. Voter registration, transfer, or change of party affiliation — Availability of forms.

(1) Any person may register as a voter during the period registration is open if he or she possesses, or will possess on the day of the next regular election, the qualifications set forth in KRS 116.025.

(2) The county clerk shall cause all registration to be closed the fourth Tuesday preceding through the first Monday following any primary or general election, and the twenty-eight (28) days prior to and seven (7) days following any special election. If the last day of registration falls on a state or federal holiday, the period runs until the end of the next day which is not a Saturday or Sunday nor a state or federal holiday. During the period that registration is closed, the county clerk may accept and process registrations. Any voter who registers during the period that registration is closed, except for any registered voter who transfers his or her registration pursuant to KRS 116.085(2) or (3), shall not be permitted to vote in the upcoming election.

(3) In all counties, the county clerk shall receive registrations, transfers, or changes of party affiliation at branch offices at any place in the county during those periods that the registration books are open except for those transfers pursuant to KRS 116.085(2)or 116.085(3). However, notice in the manner provided by KRS Chapter 424 shall be given at least three (3), but not more than fourteen (14), days in advance of the time and place of any branch registration, and ten (10) days’ written notice shall be given to the county executive committee of each major political party in the county in which the branch registration is to be held.

(4) Any person may register to vote or may change his or her party affiliation in any of the following ways:

(a) In person;

(b) By mail;

(c) By means of the federal post card application, if the person is a resident of Kentucky and a member of the Armed Forces, or a dependent of members of the Armed Forces, or overseas citizen;

(d) By mail-in application form prescribed by the Federal Election Commission pursuant to the National Voter Registration Act of 1993; or

(e) By other methods of registration, or reregistration, approved by the State Board of Elections, including the use of voluntary interested groups and political parties, under the proper supervision and directions of the county clerk, which may include door to door canvassing.

(5) Upon receipt of the form prescribed by the State Board of Elections or the Federal Election Commission pursuant to the National Voter Registration Act of 1993, properly filled out and signed by the applicant, the county clerk shall register the applicant.

(6) Any individual or group shall have access to a reasonable number of voter registration forms including the mail-in application form prescribed by the Federal Election Commission pursuant to the National Voter Registration Act of 1993 in the county clerk’s office. The individual or group shall act under the proper supervision and directions of the county clerk and shall return these completed forms to the county clerk for official registration by the county clerk.

(7) No later than December 31, 1994, the Transportation Cabinet shall equip all driver’s license agencies to comply with the provisions of the National Voter Registration Act of 1993. The Secretary of State shall provide assistance and interpretation to the Transportation Cabinet in determining the requirements of the National Voter Registration Act of 1993.

(8) The county clerk shall enter the specific party identification of the voter with a political party, political organization, or political group as defined in KRS 118.015, or independent status, as indicated by the voter on the voter registration form, into the statewide voter registration system. The State Board of Elections shall promulgate regulations under KRS Chapter 13A to provide for tracking of the registration of voters identifying with political organizations and political groups as defined in KRS 118.015, and voters of independent status.

HISTORY: 2002 c 63, § 3, eff. 7-15-02; 1996 c 195, § 2, eff. 7-15-96; 1994 c 393, § 5, eff. 1-1-95; 1990 c 48, § 3, eff. 7-13-90; 1988 c 42, § 2, c 341, § 21; 1982 c 394, § 4; 1980 c 136, § 1, c 188, § 99; 1976 c 30, § 1; 1974 c 130, § 4

116.0452. Standards for timely receipt of voter registration application — Removal of names from registration books — Confidentiality of registration location.

(1) For the purpose of determining whether a voter registration application is received during the period in which registration books are open under KRS 116.045(2), an application shall be deemed timely received:

(a) In the case of registration with a motor vehicle driver’s license application, if the valid voter registration form of the applicant is accepted by the Transportation Cabinet before the registration books are closed;

(b) In the case of registration by mail, if the valid voter registration form of the applicant is legibly postmarked before the registration books are closed;

(c) In the case of registration with a voter registration agency, if the valid voter registration form of the applicant is accepted at the voter registration agency before the registration books are closed; and

(d) In any other case, if the valid voter registration form of the applicant is received by the appropriate county clerk, no later than 4 p.m. local time, before the registration books are closed.

(2) The county clerk shall send notice to each applicant of the disposition of the application.

(3) The name of a registered voter shall not be removed from the registration books except:

(a) Upon request of the voter;

(b) As provided by KRS 116.113, upon notice of death, declaration of incompetency, or conviction of a felony; or

(c) Upon failure to respond to a confirmation mailing sent pursuant to KRS 116.112(3) and failure to vote or appear to vote and, if necessary, correct the registration record of the voter’s address in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election for Federal office that occurs after the date of the notice.

(4) The identity of the voter registration agency or Transportation Cabinet office through which any particular voter is registered shall not be disclosed to the public.

HISTORY: 2020 c 51, § 34, eff. 3-27-20; 2016 c 62, § 3, eff. 7-15-16; 2002 c 63, § 4, eff. 7-15-02; 1996 c 195, § 3, eff. 7-15-96; 1994 c 393, § 3, eff. 1-1-95

116.0455. Voter registration through motor vehicle driver’s license application.

(1)

(a) Each motor vehicle driver’s license application, including any renewal application, submitted to the appropriate motor vehicle authority shall serve as an application for voter registration unless the applicant fails to sign the voter registration application.

(b) An application for voter registration submitted under paragraph (a) of this subsection shall be considered as updating any previous voter registration by the applicant.

(2) No information relating to the failure of an applicant for a motor vehicle driver’s license to sign a voter registration application may be used for any purpose other than voter registration.

(3)

(a) The Transportation Cabinet shall include a voter registration application form as part of an application for a motor vehicle driver’s license.

(b) The voter registration application portion of an application for a motor vehicle driver’s license shall comply with the requirements of Section 5 of Public Law 103-31, the National Voter Registration Act of 1993.1

(4) Any change of address form submitted for purposes of a motor vehicle driver’s license shall serve as notification of change of address for voter registration for the registrant involved unless the registrant states on the form that the change of address is not for voter registration purposes.

(5)

(a) A completed voter registration portion of an application for a motor vehicle driver’s license accepted by the Transportation Cabinet shall be transmitted to the county clerk of the county of the applicant’s voting residence not later than ten (10) days after the date of acceptance.

(b) If a voter registration application is accepted within five (5) days before the last day for registration to vote in an election, the application shall be transmitted to the county clerk of the county of the applicant’s voting residence not later than five (5) days after the date of acceptance.

(6) The Transportation Cabinet shall provide to the county clerk a declination statement signed by an applicant if the applicant has declined to register to vote.

HISTORY: 2020 c 51, § 35, eff. 3-27-20; 2002 c 63, § 5, eff. 7-15-02; 1994 c 393, § 1, eff. 1-1-95

116.046. Voter registration forms for high school students — Public education program.

(1) The county clerk shall provide voter registration forms to each principal or assistant principal of every public high school, each area vocational school, and upon request, private schools, who shall designate a person in each school who shall be responsible for informing students and school personnel of the availability of the registration forms and assist them in properly registering. The completed forms shall be returned to the county clerk, for official registration by the county clerk.

(2) Any person designated to assist in registration in subsection (1) of this section shall fulfill this responsibility in an impartial and fair manner and shall not recruit a registrant for any particular party.

(3) The State Board of Education shall implement programs of public education regarding elections, voting procedures, and election fraud, which shall include an audio-visual presentation for high school juniors and seniors. The State Board of Education, after consultation with the State Board of Elections, shall update the public education programs required by this section as relevant statutory changes occur, as different types of voting machines are used, or as more effective methods of presentation shall be developed.

HISTORY: 1990 c 48, § 4, eff. 7-13-90; 1988 c 341, § 5, 6

116.047. Forgery, alteration, destruction or failure to return completed registration form.

Any individual who forges or fraudulently alters a form completed by the prospective registrant, who willfully destroys a completed registration form or who willfully fails to return a completed form to the county clerk for official registration by the county clerk shall be subject to the penalties described for Class D felonies.

HISTORY: 1976 c 30, § 2, eff. 6-19-76

116.048. Voter registration agencies.

(1) The following agencies are designated as voter registration agencies in accordance with the National Voter Registration Act of 1993:

(a) Agencies that provide benefits under public assistance under Title IV-A of the Federal Social Security Act, the Special Supplemental Food Program for Women, Infants, and Children, the Kentucky Medical Assistance Program, or the Food Stamps Program;

(b) Armed Forces recruitment offices;

(c) Other agencies as the Secretary of State shall determine to be providing public assistance; and

(d) Other agencies as the Secretary of State shall determine to be state-funded programs primarily engaged in providing services to persons with disabilities.

(2) A voter registration agency that provides service or assistance in conducting voter registration shall:

(a) Distribute with each application for its service or assistance, and with each recertification, renewal, or change of address form, the office’s own voter registration application form that complies with the requirements of Section 7 of Public Law 103-31, the National Voter Registration Act of 1993;

(b) Provide a form that includes:

  1. The question, “If you are not registered to vote where you live now, would you like to apply to register to vote here today?”;
  2. If the agency provides public assistance, the statement, “Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.”;
  3. Boxes for the applicant to check to indicate whether the applicant would like to register or declines to register to vote (failure to check either box being deemed to constitute a declination to register for purposes of paragraph (c) of this subsection), together with the statement in close proximity to the boxes and in prominent type, “IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.”;
  4. The statement, “If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application form in private.”; and
  5. The statement, “If you believe that someone has interfered with your right to register or to decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to choose your own political party or other political preference, you may file a complaint with .”, the blank being filled by the name, address, and telephone number of the appropriate official to whom a complaint should be addressed; and

(c) Provide to each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the registration application form as is provided by the office with regard to the completion of its own forms, unless the applicant refuses assistance.

(3)

(a) At each voter registration agency, the following services shall be made available:

  1. Distribution of mail voter registration forms;
  2. Assistance to applicants in completing voter registration application forms, unless the applicant refuses assistance; and
  3. Acceptance of completed voter registration application forms for transmittal to the county clerk of the county of the applicant’s voting residence.

(b) If a voter registration agency designated under subsection (1)(d) of this section provides services to a person with a disability at the person’s home, the agency shall provide the services described in paragraph (a) of this subsection at the person’s home.

(4) A person who provides services described in subsection (3) of this section shall not:

(a) Seek to influence an applicant’s political preference or party registration;

(b) Display any material indicating the person’s political preference or party allegiance;

(c) Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote; or

(d) Make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register to vote has any bearing on the availability of services or benefits.

(5) The State Board of Elections may designate requirements for record keeping and document retention it deems necessary to comply with the National Voter Registration Act of 1993 and the provisions of this chapter.

(6)

(a) A completed registration application accepted at a voter registration agency shall be transmitted to the county clerk of the county of the applicant’s voting residence or the State Board of Elections not later than ten (10) days after the date of acceptance.

(b) If a registration application is accepted within five (5) days before the last day for registration to vote in an election, the application shall be transmitted to the county clerk of the county of the applicant’s voting residence or the State Board of Elections not later than five (5) days after the date of acceptance.

HISTORY: 1998 c 100, § 5, eff. 7-15-98; 1994 c 393, § 2, eff. 1-1-95

116.049. Voter registration card. [Repealed.]

116.050. Secretary of county board — Records — Quorum — Chairman — Notice of meetings. [Repealed.]

116.055. Qualifications for voting in primary election.

(1) Before a person shall be qualified to vote in a primary, he or she:

(a) Shall possess all the qualifications required of voters in a regular election;

(b) Shall have been a registered member of the party in whose primary he or she seeks to vote on December 31 immediately preceding the primary; and

(c) Shall have remained continuously registered as a member of that party in whose primary he or she seeks to vote between December 31 immediately preceding the primary and the date set for the primary.

(2) In the case of a new registration made after December 31 immediately preceding the primary, a voter shall have registered and remained continuously registered as a member of the party in whose primary he or she seeks to vote from the date of registration until the date set for the primary.

(3) Any voter who withdraws his or her registration after December 31 immediately preceding the primary, and reregisters as a voter with a different party affiliation, during those periods that the registration books are open immediately preceding the primary, shall not be eligible to vote in the upcoming primary.

(4) No person shall be allowed to vote for any party candidates or slates of candidates other than that of the party of which he or she is a registered member.

(5) The qualifications shall be determined as of the date of the primary, without regard to the qualifications or disqualifications as they may exist at the succeeding regular election, except that minors seventeen (17) years of age who will become eighteen (18) years of age on or before the day of the regular election shall be entitled to vote in the primary if otherwise qualified. However, any registered voter, whether registered as a member of a party, political organization, political group, or as an independent, shall be qualified to vote in a primary for candidates listed in all nonpartisan races.

HISTORY: 2019 c 112, § 1, eff. 6-27-19; 2010 c 176, § 1, eff. 7-15-10; 2008 c 129, § 2, eff. 7-15-08; 1998 c 243, § 1, eff. 4-1-98; 1992 c 288, § 34, eff. 7-14-92; 1990 c 48, § 5; 1988 c 341, § 22; 1976 c 54, § 20; 1974 c 130, § 5

116.060. Compensation of county election commissioners. [Repealed.]

116.065. Verification of applications.

Each application for registration, change of affiliation, transfer of registration or absentee ballot, as absentee ballots are provided for by KRS 117.085, shall be verified by a written declaration by the applicant that it is made under the penalties of perjury.

HISTORY: 2019 c 112, § 3, eff. 6-27-19; 1992 c 296, § 1, eff. 7-14-92; 1982 c 360, § 37; 1974 c 130, § 6

116.070. Regular election officers — Appointment — Term. [Repealed.]

116.075. Registration application form — Report to state board. [Repealed.]

116.080. Qualifications of regular election officers — Removals — Vacancies. [Repealed.]

116.085. Transfer of registration; change of residence; name change.

(1) When a voter changes his place of residence to another location within the county, the clerk shall, upon application of the voter in person, by mail, or through the Transportation Cabinet, transfer the voter’s registration record to the proper precinct.

(2) When a registered voter changes his place of residence from one (1) precinct to another within the same county before the registration books are closed and fails to transfer his registration with the county clerk prior to the date the registration books are closed, the voter shall be permitted to update the voting records and to vote in the present election at the appropriate precinct for the current address upon affirmation of his current address and signing the precinct list as set forth in KRS 117.225. Before being permitted to vote, the voter shall also confirm his identity as required in KRS 117.227 and complete the affidavit which is required to be completed by a voter whose right to vote has been challenged. The subscribed oaths shall be delivered to the county clerk and investigated in accordance with KRS 117.245.

(3) When a registered voter changes his place of residence from one (1) precinct to another precinct within the same county after the registration books close, the voter shall be permitted to vote in the present election at the appropriate precinct for the current address upon affirmation of his current address and signing the precinct list as set forth in KRS 117.225. Before being permitted to vote, the voter shall confirm his identity as required by KRS 117.227 and complete the affidavit which is required to be completed by a voter whose right to vote is challenged. The subscribed oaths shall be delivered to the county clerk and investigated in accordance with KRS 117.245.

(4) When the boundaries of a precinct are changed by law, placing a registered voter in a new or different precinct, the clerk shall automatically transfer the voter’s registration record to the proper precinct and mail the voter a notice of the change.

(5) A voter who has changed his name may indicate the change at the precinct on election day by completing the form provided for this purpose by the State Board of Elections. The form shall be returned by the precinct officer to the county clerk who shall make the necessary change on the voter’s registration record.

HISTORY: 2020 c 51, § 36, eff. 3-27-20; 1994 c 393, § 6, eff. 1-1-95; 1990 c 48, § 6, eff. 7-13-90; 1974 c 130, § 8

116.090. Primary election officers — Appointment of. [Repealed.]

116.095. Access to registration records — Redaction of Social Security numbers.

The county clerk shall permit any citizen, at all reasonable hours, to inspect or make copies of any registration record, without any fee. He or she shall, upon request, furnish to any citizen a copy of the registration records, for which he or she may charge necessary duplicating costs not to exceed fifty cents ($0.50) per page. If a registered voter’s Social Security number is included on his or her registration information, the Social Security number shall be redacted by the county clerk before it is duplicated and furnished to the citizen requesting the copy and before it is inspected or duplicated by the citizen.

HISTORY: 2016 c 62, § 2, eff. 7-15-16; 1990 c 48, § 7, eff. 7-13-90; 1974 c 130, § 9

116.100. Enforcement of provisions as to appointment of primary election officers. [Repealed.]

116.105. County clerk’s fees. [Repealed.]

116.110. Bona fide candidate defined — Bona fides questioned. [Repealed.]

116.112. Voter registration purge program — Inactive voter list.

(1) The State Board of Elections shall establish a voter registration purge program using the change-of-address information supplied by the United States Postal Service through its licensees or other sources to identify voters whose addresses may have changed.

(2) If it appears from information provided by the postal service or other sources that a voter has moved to a different address in the same county in which the voter is currently registered, the State Board of Elections shall provide to the county board of elections the information necessary to change the registration records to show the new address and the State Board of Elections shall send to the new address a notice of the change by forwardable mail on a form prescribed by the State Board of Elections and a postage prepaid, pre-addressed return form by which the voter may verify or correct the address information. If the county board of elections requests authorization from the State Board of Elections to send address confirmation notices as provided in this subsection, the State Board of Elections shall grant the request.

(3) If it appears from information provided by the postal service or other sources that a voter has moved to a different address not in the same county, the State Board of Elections shall send to the address from which the voter was last registered, by forwardable mail, a notice on a form prescribed by the State Board of Elections, with a postage prepaid and pre-addressed return card on which the voter may state his current address. If a county board of elections requests authorization from the state board to send address confirmation notices as provided in this subsection, the state board shall grant the request.

(4) The state or county boards of elections shall not remove the name of a voter from the registration records on the ground that the voter has changed his residence unless the voter:

(a) Confirms in writing that the voter has changed residence to a place outside the county; or

(b) 1. Has failed to respond to the notice described in subsection (3) of this section; and

  1. Has not voted or appeared to vote and, if necessary, correct the registration records of the voter’s address in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election for Federal office that occurs after the date of the notice.

If a county board of elections requests authorization from the state board to conduct purges of voters in its county in accordance with the provisions of this subsection, the state board shall grant the request.

(5) The State Board of Elections shall establish an inactive list of all voters who fail to respond to the notice described in subsection (3) of this section and do not vote or appear to vote in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election for Federal office that occurs after the date of the notice. If a county board of elections requests authorization from the state board to establish an inactive list of voters for its county, the state board shall grant the request.

(6) The State Board of Elections shall complete, not later than ninety (90) days prior to the date of a primary or general election, any program the purpose of which is to systematically remove the names of ineligible voters from the registration records.

(7) Voters placed on an inactive list are to be counted only for purposes of voting and not for purposes of establishing or modifying precincts, calculating the amount of reimbursement of county clerks by the State Board of Elections for certain election-related expenses, or reporting official statistics, except as provided by the Federal Election Commission’s regulations promulgated pursuant to the National Voter Registration Act of 1993.

(8) (a) The State Board of Elections and county boards of elections shall maintain for at least two (2) years and shall make available for public inspection and, where available, photocopying at a reasonable cost, all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of the registration records, except to the extent that the records relate to the declination to register to vote or the identity of a voter registration agency through which any particular voter is registered.

(b) The records maintained pursuant to paragraph (a) of this subsection shall include lists of the names and addresses of all persons to whom notices described in subsection (3) are sent, and information concerning whether each person has responded to the notice as of the date that inspection of the records is made.

HISTORY: 2002 c 63, § 6, eff. 7-15-02; 1996 c 195, § 1, eff. 7-15-96; 1994 c 393, § 7, eff. 1-1-95; 1990 c 48, § 8, eff. 7-13-90; 1988 c 341, § 7

116.113. Removal of voter’s name by state board upon notice of death, declaration of incompetency, or conviction of felony — Notice to county clerk.

(1) Upon receipt of notification from the Cabinet for Health and Family Services or other reliable sources of the death of a person, the State Board of Elections shall within five (5) days cause the removal of the name of that person from the voter registration records it maintains, except that no voter’s name may be removed during the period of time the registration books are closed for any primary, general, or special election.

(2) Upon receipt of notification from the circuit clerk that a person has been declared incompetent, the State Board of Elections shall within five (5) days cause the removal of the name of that person from the voter registration records it maintains, except that no voter’s name may be removed during the period of time the registration books are closed for any primary, general, or special election.

(3) Upon receipt of notification from the Administrative Office of the Courts that a person has been convicted of a felony offense, the State Board of Elections shall within five (5) days cause the removal of the name of that person from the voter registration records it maintains, except that no voter’s name may be removed during the period of time the registration books are closed for any primary, general, or special election.

(4) Following the purge of a name from the records of the State Board of Elections, the state board shall notify the clerk of the county in which the voter lived of the action; and the county clerk shall within ten (10) days update the county voter registration files to reflect the necessary change. If a protest is filed by the voter, the county board shall hear it at its next regular monthly meeting. If the county board decides in favor of the protesting voter, the voter’s registration record shall be restored, including his voting record. If the protest is filed while the registration books are closed and the county board decides in favor of the protesting voter, the county board shall issue the voter an “Authorization to Vote” for the upcoming election and the voter’s record shall be restored when the registration books open following the election.

HISTORY: 2005 c 99, § 116, eff. 6-20-05; 2002 c 63, § 7, eff. 7-15-02; 1998 c 426, § 99, eff. 7-15-98; 1990 c 48, § 9, eff. 7-13-90; 1988 c 341, § 8

116.115. Purge of voter from county roster on notice from state board — Protest hearing. [Repealed.]

116.120. Oath to be taken by election officers. [Repealed.]

116.124. County clerk to make available to county board of elections data on deceased residents furnished by cabinet for human resources. [Repealed.]

116.125. Purge on county board’s own knowledge — Procedure. [Repealed.]

116.127. Purge in counties containing a city of the first class biennially — Procedure. [Repealed.]

116.130. Absence of election officer — Selection of substitute. [Repealed.]

116.135. Appeal from decision of county board.

Appeals from the decision of the county board of elections may be taken to the Circuit Court within ten (10) days following the final decision of the board.

HISTORY: 1974 c 130, § 13, eff. 6-21-74

116.140. Pay of election officers. [Repealed.]

116.145. Fee for registration.

The fee for registration of all voters shall be paid to the county clerk by the state in the amount of twenty-five cents ($0.25) for each person registered.

HISTORY: 1984 c 185, § 5, eff. 7-13-84; 1978 c 202, § 2; 1976 c 247, § 11; 1974 c 130, § 14

116.150. Pay claim of election officer good for taxes. [Repealed.]

116.155. Forms for registration — Information required.

All forms pertaining to registration shall be prescribed and furnished by the State Board of Elections. The registration form shall include the voter’s name; date of birth; membership in a political party, political organization, or political group as defined in KRS 118.015, or independent status; Social Security number, if any; mailing and residence addresses, if different; and such other information as the State Board of Elections may deem necessary. No person shall be denied the right to register because of the failure to include his Social Security number. All forms which require a voter’s signature shall provide for verification by the signer thereof.

HISTORY: 2002 c 63, § 8, eff. 7-15-02; 1994 c 393, § 8, eff. 1-1-95; 1990 c 48, § 11, eff. 7-13-90; 1986 c 470, § 5; 1974 c 130, § 15

116.160. Who to act when county sheriff is candidate or office is vacant. [Repealed.]

116.165. Falsification of signature or verification.

Any person who falsely signs and verifies any form requiring verification shall be guilty of perjury and subject to the penalties therefor.

HISTORY: 1974 c 130, § 16, eff. 6-21-74

116.170. Duties and powers of persons acting in place of county sheriff. [Repealed.]

116.180. Election precincts — Number of voters in — Procedure to require county judge to perform duties. [Repealed.]

116.190. Alteration or division of precincts. [Repealed.]

116.192. Precinct changes following redistricting of 1972. [Repealed.]

116.200. Roster of voters eligible to vote in city and school board elections — Information to be provided to county clerk.

(1) (a) On or before January 1, 2011, each city clerk, except in consolidated local governments and urban-county governments, shall provide the clerk of the county or counties in which the city is located with a list of all properties within the city and a map of the city boundaries for the county clerk to maintain a roster of voters who are eligible to vote in city elections. A county clerk may accept the list of city properties in an electronic format and the city clerk may provide a copy of the city’s boundary map maintained by the Kentucky Commonwealth Office of Technology, Division of Enterprise Portfolios; and

(b) Documentation of any change to the boundaries of a city shall be reported to the county clerk in accordance with KRS 81A.470 and 81A.475.

(2) (a) On or before January 1, 2011, each school district board shall provide the clerk of the county in which the school district is located with maps and written descriptions of the boundaries of each school board district located in the county for the county clerk to maintain a roster of voters who are eligible to vote in school board elections.

(b) Documentation of any change to a school district’s boundaries shall be reported to the county clerk within sixty (60) days of the change, or immediately if the change is within sixty (60) days of the August 1 deadline established in KRS 160.210(4)(d).

(3) Each county clerk shall code all registered voters in that county in such a manner that precinct election officers may determine the voter’s eligibility to vote in city and school board elections prior to each primary and regular election for city officers in that county, each regular election for school board members in that county, and each special election in which a ballot question is presented to the residents of a city or a school board district.

(4) Notwithstanding KRS 64.012, the county clerk shall not charge a fee to a city or school district providing any information required by subsections (1)(a) and (2)(a) of this section.

(5) Nothing in this section shall prohibit a county clerk from requesting additional information from the city, school district board, or any other reliable source to ascertain whether a registered voter resides within a city or a school district boundary.

HISTORY: 2018 c 78, § 8, eff. 7-14-18; 2012 c 69, § 13, eff. 7-12-12; 2010 c 10, § 1, eff. 7-15-10; 1994 c 394, § 1, eff. 7-15-94

116.990. Penalties. [Repealed.]

116.995. Penalties.

Any person who willfully fails to perform any of his duties as set forth in this chapter shall be fined not less than fifty dollars ($50) nor more than one hundred dollars ($100) for each offense. Each day of refusal to serve and carry out the duties as prescribed by law shall constitute a separate offense.

HISTORY: 1974 c 130, § 17, eff. 6-21-74

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Chapter 117: Regulation of Elections

117.005. Preservation by county clerk of certain voting records. [Repealed.]

117.010. Qualification of voters in regular and special elections; registration

required. [Repealed.]

Boards of Election

117.015. State Board of Elections — Powers, duties, membership.

(1) There shall be a State Board of Elections that is an independent agency of state government, which shall administer the election laws of the state and supervise registration and purgation of voters within the state. The board:

(a) May promulgate administrative regulations necessary to properly carry out its duties; and

(b) Shall promulgate administrative regulations establishing a procedure for elections officials to follow when an election has been suspended or delayed as described in KRS 39A.100.

(2) The board shall consist of the following:

(a) The Secretary of State, who shall be an ex officio, nonvoting member, and who shall also serve as the chief election official for the Commonwealth;

(b) Two (2) members appointed by the Governor as provided in subsection (6) of this section;

(c) Six (6) voting members appointed by the Governor as provided in subsection (5) of this section; and

(d) An executive director appointed in accordance with KRS 117.025, who may vote only to break a tie regarding selection of the chair of the board.

(3) A chair of the board, who is a then-current voting member of the board, shall be elected as chair of the board by a majority of the voting members who serve on the board. The chair shall preside at the meetings of the board and vote on matters before the board.

(4) The members shall serve for a term of four (4) years or until their successors are appointed. Members shall be at least twenty-five (25) years of age and qualified voters of this state. No appointed member shall be a candidate for public office or have been a candidate for public office for two (2) years prior to his or her appointment, except as provided in subsection (2)(b) of this section. No member of the board shall have been convicted of any election law offense.

(5) Two (2) members shall be appointed by the Governor from a separate list of at least five (5) names submitted by the state central executive committee of each of the two (2) political parties that polled the largest vote in the last preceding election for state officials. The list shall be submitted to the Governor by February 15 of 1992, and the appointments of the Governor shall be made by April 1 of the same year. Two (2) separate lists shall be submitted to the Governor by August 15 of 1990 and every four (4) years thereafter, and two (2) appointments shall be made from these lists by September 15 of each year in which the lists are received.

(6) Two (2) members shall be appointed by the Governor from a separate list of at least four (4) names submitted by the Kentucky County Clerk’s Association of each of the two (2) political parties that polled the largest vote in the last preceding regular election for state officials. Each of the two (2) members appointed under this subsection shall be former county clerks. The lists required under this subsection shall be submitted to the Governor by July 15, 2019, and every four (4) years thereafter. The appointments made by the Governor under this subsection shall be made by August 15, 2019, and every four (4) years thereafter.

(7) Vacancies shall be filled in the same manner as provided for original appointments, and the person appointed to fill the vacancy shall be of the same political party as his or her predecessor.

(8) The board shall meet as often as necessary to carry out its duties and shall keep a record of its acts, orders, findings, and proceedings. A majority of the board shall constitute a quorum.

(9) The members of the board shall be paid a reasonable sum to be fixed by the secretary of the Personnel Cabinet, with the approval of the secretary of the Finance and Administration Cabinet, and in addition, their expenses in attending board meetings. The compensation shall be paid out of the State Treasury upon requisition signed by the chair of the board and approved by the secretary of the Finance and Administration Cabinet.

HISTORY: 2019 c 23, § 2, eff. 3-19-19; 2005 c 91, § 2, eff. 6-20-05; 1998 c 154, § 74, eff. 7-15-98; 1990 c 293, § 1, eff. 7-13-90; 1988 c 341, § 24; 1982 c 457, § 1; 1974 c 130, § 18

117.020. Declaration by state board of county’s status as a preclearance county.

The State Board of Elections may declare a county to be a preclearance county for election purposes when that county has a history of voter fraud, noncompliance with election laws, or voter complaints about the integrity of a particular election. In a county designated as a preclearance county, all decisions of the county board of elections shall be reported to the State Board of Elections for its review. The failure of a county board of elections of a preclearance county to submit its decisions to the State Board of Elections for its review shall constitute a prima facie case for appointment of an election manager under KRS 117.022. The State Board of Elections may require a preclearance county to submit evidence or justification as required by the state board which is necessary to evaluate the county board’s decisions. A county designated as a preclearance county shall retain that designation until it is removed by the State Board of Elections.

HISTORY: 1994 c 394, § 3, eff. 7-15-94

117.022. Judicial declaration of existence of election crisis — Effect.

The Attorney General, the Secretary of State, and the State Board of Elections, by mutual agreement, may petition Franklin Circuit Court to declare that an election crisis exists in a county where there is evidence of sufficient malfeasance, nonfeasance, or criminal activity to jeopardize a free and equal election in that county and to authorize the State Board of Elections to assume responsibility for the management of the election in that county. If Franklin Circuit Court makes that declaration and grant of authority, the State Board of Elections shall appoint an election manager for that county to serve for the duration of the election cycle and the county clerk, county board of elections, precinct election officers, and any other person participating in the election process in that county shall be subject to the direction of the election manager.

HISTORY: 1994 c 394, § 2, eff. 7-15-94

117.025. Executive director and assistant director; staff; powers and duties.

(1) The State Board of Elections shall appoint an executive director, who shall be the chief administrative officer for the board. The board shall also appoint an assistant director, who shall be of a different political party than the director. The salaries of the director and the assistant director shall be set by the board.

(2) The State Board of Elections shall employ, on a bipartisan basis, a staff sufficient to carry out the duties assigned to the board, including legal counsel and a training officer to provide assistance to the county clerks and the county boards of elections in their training of precinct election officers.

(3) The board shall:

(a) Maintain a complete roster of all qualified registered voters within the state by county and precinct, and institute appropriate safeguards to ensure that there is no inappropriate use of the voter registration roster. State and local election officials, including the Secretary of State, employees of the Secretary, and members of the State Board of Elections and their staff, shall only use the voter registration roster for purposes relevant to their prescribed duties of election administration. The Secretary of State, and two (2) employees of the Secretary, who may be designated by the Secretary with explicit written authority and notification to the board, shall have electronic access to the information contained within the voter registration roster, but shall not correct, alter, or delete information from the voter registration roster, unless having obtained prior approval by a majority of the voting members of the board;

(b) For each primary, furnish each county clerk with a master list of all registered voters in the county, together with three (3) signature rosters of all registered voters in each precinct of the county according to party affiliation, and two (2) lists of all registered voters in each precinct of the county at least five (5) days prior to each primary;

(c) For each regular election, furnish each county clerk with a master list of all registered voters in the county, together with one (1) signature roster of all registered voters in each precinct of the county on which each voter’s party affiliation is identified, and two (2) lists of all registered voters in each precinct of the county at least five (5) days prior to each regular election;

(d) Maintain all information furnished to the board relating to the inclusion or deletion of names from the rosters for four (4) years;

(e) Furnish, at a reasonable price, the state central executive committee of each political party qualifying under KRS 118.015 monthly data of all additions, deletions and changes of registration in each precinct of each county and the state central executive committee shall furnish a county listing to each of the county executive committees of each political party;

(f) Purchase, lease or contract for the use of equipment necessary to properly carry out its duties under the provisions of this chapter and KRS Chapters 116 and 118;

(g) Secure information from any source which may assist the board in carrying out the purposes of this section;

(h) Furnish at a reasonable price any and all precinct lists to duly qualified candidates, political party committees or officials thereof, or any committee that advocates or opposes an amendment or public question. The State Board of Elections may also furnish the precinct lists to other persons at the board’s discretion, at a reasonable price to be determined by the board. The board shall not furnish precinct lists to persons who intend to use the lists for commercial use; and

(i) Be responsible for oversight of board personnel, including hiring, investigations, disciplinary actions, promotions, and other like actions subject to KRS Chapter 18A.

HISTORY: 2019 c 23, § 3, eff. 3-19-19; 1994 c 394, § 5, eff. 7-15-94; 1990 c 48, § 13, eff. 7-13-90; 1984 c 333, § 3, c 185, § 6; 1982 c 457, § 2; 1974 c 130, § 19

117.027. State board to promulgate record-keeping requirements.

The State Board of Elections shall promulgate administrative regulations and procedures necessary to:

(1) Designate which election records and materials shall be retained;

(2) Establish the manner in which the records and materials shall be maintained;

(3) Establish by whom the records shall be maintained; and

(4) Establish the period of time the records shall be retained, but such records shall be retained for not less than twenty-two (22) months.

HISTORY: 1988 c 341, § 16, eff. 7-15-88

117.030. Announcements and signs regarding importance of voting — Notice of illegal acts, penalties, and right to report administrative errors at polling places.

(1) The State Board of Elections shall publish and broadcast announcements throughout the state regarding the importance of voting in a free and conscientious manner, procedures for registering to vote and voting, general election laws, and penalties for vote buying and selling.

(2) The State Board of Elections shall provide for the conspicuous placement of signs at all precinct polling places, which shall state that vote buying and selling are illegal and shall state the penalties for such acts.

(3) The State Board of Elections shall provide for the conspicuous placement of signs at all precinct polling places, which display the telephone number and mailing address of the county board of elections, and which inform the voters of their right to report any administrative or clerical errors they witness to the county board of elections, either by phone or in writing within ten (10) days after the election.

HISTORY: 2001 c 132, § 1, eff. 6-21-01; 1988 c 341, § 5, eff. 7-15-88

117.035. County board of elections — Membership — Appointed members — Meetings — Staff.

(1) There shall be a county board of elections, which shall, at the direction and under the supervision of the State Board of Elections, administer the election laws and the registration and purgation of voters within the county.

(2)

(a) The board shall consist of the county clerk, the sheriff, and two (2) members appointed by the State Board of Elections not later than July 1 following the election of persons to statewide office, for a term of four (4) years and until their successors are appointed.

(b) The sheriff shall not serve on the board during any year in which he or she is a candidate, but shall recommend to the board a temporary replacement to serve in his or her place. If the sheriff cannot serve because he or she is sick, injured, or otherwise incapacitated, he or she may recommend a temporary replacement to serve in his or her place until the sheriff may resume his or her duties or a vacancy in office is declared.

(c) The county clerk may, at his or her option, continue to serve on the board during a year in which he or she is a candidate. If the clerk elects not to serve, he or she shall recommend a temporary replacement to serve in his or her place. If the county clerk cannot serve because he or she is sick, injured, or otherwise incapacitated, he or she may recommend a temporary replacement to serve in his or her place until the county clerk may resume his or her duties or a vacancy in office is declared.

(d)

1. Notwithstanding the provisions of KRS 61.080, service on the board of elections shall be compatible with the holding of any other county or city office.

2. The members shall be at least twenty-one (21) years of age, qualified voters in the county from which they are appointed, and shall not have been convicted of any election law offense.

3. One (1) member shall be appointed from a list of five (5) names submitted by the county executive committee of each political party as defined in KRS 118.015. If there are two (2) or more contending executive committees of the same political party in any county, the one recognized by the written certificate of the chair of the state central committee of the political party shall be the one authorized to submit the lists.

4. If the State Board of Elections does not receive the list as required by subparagraph 3. of this paragraph for each political party for each county by the deadline established in paragraph (a) of this subsection or within one (1) month of a vacancy, then the chair of the state central committees for the political parties may submit lists of five (5) names of qualified residents from the remaining counties by August 1 following the election of persons to statewide office or within two (2) months of a vacancy.

5. If the State Board of Elections does not receive a list from either the county executive committee under subparagraph 3. of this paragraph or the chair of the state executive committee under subparagraph 4. of this paragraph, then the State Board of Elections shall appoint a qualified resident from the county at its next regularly scheduled meeting in September following the election of persons to statewide office or within three (3) months of a vacancy.

6. A member appointed by the State Board of Elections may be removed by the State Board of Elections for cause.

7. A member appointed by the State Board of Elections may be removed by the State Board of Elections upon a request approved by a two-thirds ( 2/3 ) vote of the full membership of the county executive committee that submitted the member’s name. The county executive shall provide conclusive evidence of the committee’s membership and evidence of the committee’s two-thirds ( 2/3 ) vote before the State Board of Elections removes any member appointed by the State Board of Elections.

8. If an appointee is temporarily unable to act, a temporary appointee shall be named by the State Board of Elections. A temporary appointee shall serve until the original appointee notifies the State Board of Elections that he or she is able to resume his or her term.

9. A member appointed by the State Board of Elections shall not serve on the board if he or she is a candidate for public office, and the member shall resign upon filing papers to become a candidate for public office or shall be removed from office by the State Board of Elections. A member who resigns or is removed because of his or her candidacy shall not resume his or her term following the completion of the candidacy.

10. Vacancies and temporary vacancies shall be filled in the same manner as provided for original appointments, and the person appointed to fill the vacancy or temporary vacancy shall be of the same political party as his or her predecessor.

(e) Compensation and payment of actual expenses of members shall be set by the fiscal court either as an amount payable on an annual basis, or as an amount payable on a per diem basis of not less than fifteen dollars ($15) nor more than one hundred dollars ($100) for each day the board meets.

(3) A majority of the board shall constitute a quorum. The county clerk shall serve as chair of the meetings and may vote. In case of a tie, the chair may cast an additional vote. Records shall be kept of all proceedings, and the records shall be public and kept at the office of the county clerk.

(4) The board shall meet as follows:

(a) During years in which a primary or regular election is scheduled, the board shall meet at least once every other month and may meet more frequently if necessary upon the call of the chair or upon written agreement of two (2) or more members of the board. The call shall provide notice as prescribed by KRS 61.823.

(b) During years in which no primary or regular election is scheduled, the board shall meet at the call of the chair or upon written agreement of two (2) or more members of the board. The call shall provide notice as prescribed by KRS 61.823.

(c) The board shall meet and stay in session on primary, regular election, and special election days to correct clerical errors and rule on questions regarding voter registration and may make to the election officers such certifications as may be necessary. On primary, regular election, and special election days, appeals may be made to a Circuit Judge, but a ruling of the board shall be reversed only upon a finding that it was arbitrary and capricious.

(5) The board may employ, on a bipartisan basis, a staff sufficient to carry out the duties assigned to the board.

HISTORY: 2018 c 160, § 1, eff. 7-14-18; 2014 c 92, § 211, eff. 1-1-15; 2010 c 176, § 2, eff. 7-15-10; 2005 c 71, § 2, eff. 6-20-05; 1996 c 195, § 4, eff. 7-15-96; 1992 c 256, § 1, eff. 7-14-92; 1990 c 48, § 14; 1988 c 341, § 25; 1982 c 394, § 6; 1978 c 318, § 1; 1976 ex s, c 14, § 129; 1974 c 130, § 20

117.040 Persons permitted to register–Repealed

117.045. Precinct election officers — Alternate and emergency appointments — Minors permitted to serve as election officers.

(1) The county board of elections shall in the manner prescribed by this section, not later than March 20 each year, except in a year in which no primary and regular elections are scheduled, appoint for each precinct in the county two (2) judges, one (1) clerk and one (1) sheriff of election. They shall serve in all elections held in the county during the year, except for minors seventeen (17) years of age who will become eighteen (18) years of age on or before the day of the regular election who may only serve as election officers for the primary and regular elections as provided in subsection (9) of this section. If a special election is ordered to be held in a year in which no elections are scheduled, the county executive committee of each political party in each county in the territory affected by the special election shall, not later than twenty-eight (28) days preceding the date of the special election, submit a written list of nominees for precinct election officers to serve in the special election in a manner consistent with the provisions of subsection (2) of this section. The county board of elections in each county in the territory affected by the special election shall, not later than twenty-one (21) days preceding the date of the special election, appoint precinct election officers to serve in the special election in a manner consistent with the provisions of subsections (4), (5), and (6) of this section. The State Board of Elections shall promulgate an administrative regulation establishing evaluation procedures which county boards of elections may use to qualify persons nominated to serve as precinct election officers.

(2) The county executive committees of the two (2) political parties having representation on the State Board of Elections may, on or before March 15 each year, designate in writing to the county board of elections a list of not less than four (4) names for each precinct; except that, in any precinct where there are not as many as four (4) persons possessing the qualifications of an election officer belonging to the political party filing the list, a lesser number may be designated. If there are two (2) or more contending executive committees of the same party in any county, the one recognized by the written certificate of the chairman of the state central committee of the party shall be the one authorized to submit the lists. The lists shall contain the full name, address, phone number, and Social Security number, if available, of each person listed. The lists shall be accompanied by a signed statement from each person stating that he is willing to serve, has not failed to serve without excuse in the past, and has not been convicted of an election law offense or any felony, unless the person’s civil rights have been restored by the Governor. The State Board of Elections shall prescribe by administrative regulation the form of the list.

(3) The Attorney General shall notify each party state central committee of the duties of the party.

(4) If lists are submitted, the county board of elections shall select one (1) judge at each voting place from each political party’s list, and the county board shall select the sheriff from one (1) political party’s list and the clerk from the other. If no lists are submitted, the two (2) members of the county board of elections who are appointed by the State Board of Elections may submit lists; and the county board shall select the sheriff and one (1) judge from one (1) list and the clerk and the other judge from the remaining list. If no lists are submitted, the county board shall select the sheriff and one (1) judge from the membership of one (1) party and the clerk and the other judge from the membership of the remaining party. The county board shall, when possible, also appoint an adequate number of alternate precinct election officers from names on the lists which were submitted but which were not selected by the county board as precinct election officers. If alternate precinct election officers are not appointed from the lists of nominees who were not selected as precinct election officers, the county board of elections shall submit its method of selecting alternate precinct election officers to the State Board of Elections for its approval.

(5) If, after all reasonable efforts have been made, the county board of elections is unable to find two (2) qualified officers for each precinct who are affiliated with the two (2) political parties having representation on the State Board of Elections, the county board shall submit a list of emergency election officer appointments to the State Board of Elections. The county board shall also present, in writing, its efforts to recruit and appoint election officers as prescribed in subsection (4) of this section. The list of emergency appointments may include qualified voters not affiliated with the two (2) parties represented on the state board. The state board, after its review, may approve any or all of the emergency appointments submitted by the county board or may direct the county board to take other action. Any emergency appointment shall be made for the next ensuing election only.

(6) In addition to precinct election officers appointed under subsection (1) of this section, a county board of elections may appoint up to two (2) additional precinct election officers per precinct with the approval of the State Board of Elections. The state board shall promulgate an administrative regulation establishing conditions under which additional precinct officers may be approved.

(7) The county board of elections shall, not less than ten (10) days before the next ensuing election, send to each election officer written notice of his appointment. The board may direct the sheriff of the county to serve the notice of appointment, if it deems the action is necessary.

(8) The State Board of Elections may require the county board of elections to submit its list of precinct officers for review. The State Board of Elections may, after a hearing, direct the removal of any election officer who the board finds would not fairly administer the state election laws. The state board shall replace any officer so removed. The board shall provide for the method and manner of the hearing by administrative regulation.

(9) An election officer shall be a qualified voter of the precinct; except that, where no qualified voter of the required political party is available within the precinct, the election officer shall be a qualified voter of the county. A minor seventeen (17) years of age who will become eighteen (18) years of age on or before the day of the regular election may serve as an election officer for the primary and regular elections in which he or she is qualified to vote; however, no precinct shall have more than one (1) person serving as an election officer who is a minor seventeen (17) years of age. An election officer shall not be a candidate for office during the election year. An election officer shall not be the spouse, parent, brother, sister, or child of a candidate who is to be voted for at the election in the precinct in which the election officer will serve on election day. An election officer shall not have changed his voter registration party affiliation for one (1) year prior to his appointment. An election officer may be removed, for cause, at any time up to five (5) days before an election. Vacancies shall be filled by the county board with alternate precinct election officers and the person appointed to fill the vacancy shall be of the same political party as the vacating officer, except for emergency appointments made as provided in subsection (5) of this section.

(10) If the county board of elections fails to appoint election officers, or if any officer is not present at the precinct at the time for commencing the election, or refuses to act, and if no alternate is available, the officer in attendance representing the political party of the absentee shall appoint a suitable person to act in his place for that election. If both representatives of the same political party are absent, qualified voters present affiliating with that party shall elect, viva voce, suitable persons to act in their places.

(11) Each election officer shall be paid a minimum of sixty dollars ($60) per election day served, and such an additional amount as compensation as may be determined by the county board of elections, with the approval of the governing body which would be responsible for funding the election officers’ pay, for each election in which the election officer serves, to be paid by the county. For delivering the election packets to the polls, the precinct election officers shall receive in addition the mileage reimbursement provided for state employees, for each mile necessarily traveled in the delivery of the packets to the polls, or a flat fee if the fee equals or exceeds that amount. For delivering election returns, the precinct election judges shall receive in addition the mileage reimbursement provided for state employees for each mile necessarily traveled from the place of voting to and from the place of delivery, or a flat fee if the fee equals or exceeds that amount. The fee paid to the precinct election judges for delivering election returns shall be paid by the county.

HISTORY: 2010 c 176, § 3, eff. 7-15-10; 2002 c 265, § 1, c 63, § 11, eff. 7-15-02; 1998 c 243, § 3, eff. 4-1-98; 1996 c 195, § 5, eff. 7-15-96; 1994 c 394, § 6, eff. 7-15-94; 1992 c 180, § 1, eff. 7-14-92; 1990 c 48, § 15; 1988 c 341, § 26; 1986 c 470, § 6; 1982 c 394, § 7; 1978 c 318, § 2, c 395, § 1; 1976 c 282, § 1; 1974 c 31, § 3, c 130, § 21

117.050 Time and place of registration; when books to be closed; special provision for registration in city of third class not the county seat; change of party–Repealed

117.055. Division of county into precincts — Maps — Failure of board to perform duty — Coordination of precinct boundary changes with other boundaries.

Subject to KRS 117.0551 to 117.0555:

(1) Each county shall be divided into election precincts by the county board of elections. Each election precinct shall be composed of contiguous and, as nearly as practicable, compact areas having clearly definable boundaries and wholly contained within any larger district. The county board of elections shall establish precincts so that no boundary of a precinct crosses the boundary of:

(a) The Commonwealth;

(b) A county or urban-county;

(c) A congressional district;

(d) A state senatorial district;

(e) A state representative district;

(f) A justice of the peace or county commissioner’s district established under KRS Chapter 67; or

(g) An aldermanic ward established under KRS 83.440.

(2) The county board of elections shall have the authority to draw precinct lines so as to enable more than one (1) precinct to vote at one (1) location. The county board of elections shall review election precinct boundaries as often as necessary. Without exception, they shall review the boundaries of all election precincts exceeding seven hundred (700) votes cast in the last regular election prior to each primary election, and the State Board of Elections may require a written report at least sixty (60) days prior to the candidate filing deadline set forth in KRS 118.165(1) and (2) on each election precinct exceeding seven hundred (700) votes cast in the last regular election. Consideration to the division of said election precincts should be based on the anticipated growth factor within the specified boundaries; however, the county board of elections shall not be prohibited from dividing election precincts in excess of seven hundred (700) votes cast in the last regular election or less than seven hundred (700) votes cast in the last regular election if they elect to do so. However, the State Board of Elections may, in its discretion, withhold from a county the expenses of an election under KRS 117.345 for any precinct containing more than one thousand five hundred (1,500) registered voters, excluding those precincts utilizing optical scan voting machines and those periods of time in which the precinct boundaries have been frozen under KRS 117.056.

(3) No election precinct shall be created, divided, abolished, or consolidated or the boundaries therein changed prior to any primary election to comply with the provisions of KRS 117.055 to 117.0555 and KRS 117.0557 later than the last date prescribed by election law generally for filing notification and declaration forms with the county clerk or Secretary of State. No election precinct shall be created, divided, abolished, or consolidated or the boundaries therein changed prior to any general election to comply with the provisions of KRS 117.055 to 117.0555 and KRS 117.0557 later than the last date prescribed by election law generally for filing certificates or petitions of nomination with the county clerk or Secretary of State.

(4) The county board of elections shall designate the name or number and the boundaries of the election precincts. Each precinct shall contain, as nearly as practicable, an equal number of voters, based on the number of registered voters in the county.

(5) A map and listing of the exact election precinct boundaries shall be filed by the county board of elections with the State Board of Elections, and any changes in boundaries thereafter made shall also be filed with the State Board of Elections. A copy of this map indicating all precinct boundaries within the county shall be included in the election supplies of each precinct.

(6) If the county board of elections fails to perform any of the duties required by KRS 117.055 to 117.0555 and KRS 117.0557:

(a) The State Board of Elections or any citizen and voter of the county may apply to the Circuit Court of the county for a summary mandatory order requiring the board to perform the duty. Appeals may be taken to the Court of Appeals by either party; and

(b) The State Board of Elections shall not submit claims for payments to the county under KRS 117.343 and 117.345 until the State Board of Elections determines in writing that the duty has been performed.

(7) The county board of elections shall coordinate all precinct boundary changes with the affected school board, magisterial, and municipal boundaries.

HISTORY: 2019 c 187, § 13, eff. 11-6-19; 2002 c 129, § 1, eff. 7-15-02; 2000 c 61, § 1, eff. 7-14-00; 1994 c 394, § 7, eff. 7-15-94; 1992 c 430, § 1, eff. 7-14-92; 1984 c 44, § 3; 1982 c 394, § 8; 1980 c 157, § 1; 1976 c 135, § 1, c 333, § 1; 1974 c 130, § 22

117.0551. Boundaries of precincts.

(1) A county board of elections shall establish election precincts so that each boundary of each precinct follows:

(a) A boundary described in KRS 117.055(1);

(b) The boundary of an incorporated city;

(c) A boundary of an urban-county legislative district established under KRS Chapter 67A;

(d) A boundary of a school district or school district division established under KRS Chapter 160; or

(e) A boundary of a census tract or census block established by the United States Bureau of the Census for the most recent decennial census of population and appearing on census block boundary maps.

(2) If a county board of elections cannot establish a precinct that complies with KRS 117.055 by using the boundaries permitted under subsection (1) of this section, the county board of elections may either:

(a) Establish the precinct boundary by using a boundary following a visible feature, including but not limited to a highway, railroad, or stream, and an extension of that visible feature to, but not across, another visible feature, nor across an extension of another feature that is used as a precinct boundary; or

(b) Request an exemption under KRS 117.0553 and 117.0554.

(3) For purposes of this section, a “visible feature” is a physical feature shown on official maps prepared by:

(a) The Kentucky Transportation Cabinet;

(b) The United States Geological Survey; or

(c) The United States Bureau of the Census.

HISTORY: 1992 c 430, § 2, eff. 7-14-92

117.0552. Procedure for establishing precincts.

(1) As used in KRS 117.055 to 117.0555 and KRS 117.0557, “establish a precinct” shall include the following:

(a) Creating a new precinct;

(b) Dividing one (1) precinct into two (2) or more precincts;

(c) Combining two (2) or more precincts into one (1) precinct; and

(d) Altering a boundary line between two (2) or more precincts.

(2) Each county board of elections shall establish precincts by issuing a proposed precinct establishment order. Each proposed precinct establishment order shall be submitted to the executive director of the State Board of Elections for approval.

(3) The order prescribed in subsection (2) of this section shall include:

(a) A written description of the boundaries of each precinct to be established;

(b) A map or maps clearly showing the boundaries of each precinct to be established;

(c) The estimated number of registered voters in each precinct to be established; and

(d) Any additional information which may be required by an administrative regulation adopted by the State Board of Elections under KRS Chapter 13A for the purposes of assuring compliance with KRS 117.055 to 117.0555 and KRS 117.0557.

(4) If a proposed precinct establishment order includes a description of a precinct with a boundary that follows the boundary of an entity referred to in KRS 117.0551(1), the order shall include the following:

(a) A description that precisely identifies the boundary line; and

(b) A notation on the map of the precinct indicating that the boundary is that of an entity referred to in KRS 117.0551(1) and naming the specific entity.

(5) If a proposed precinct establishment order includes a description of a precinct boundary that follows one or more visible features, the order shall include a description that precisely identifies each feature that forms the precinct boundary.

HISTORY: 1992 c 430, § 3, eff. 7-14-92

117.0553. Review and approval of precinct establishment order — Resubmission of returned orders.

(1) The executive director of the State Board of Elections or his designee shall examine each proposed precinct establishment order submitted under KRS 117.0552 to determine if the order would establish precincts in compliance with KRS 117.055 to 117.0552.

(2) If the executive director or his designee determines that the proposed precinct establishment order would comply with KRS 117.055 to 117.0552, the executive director shall approve the proposed precinct establishment order no later than thirty (30) days after its receipt by the executive director. The order shall become effective upon the executive director’s approval unless the order contains a different effective date.

(3) If the executive director or his designee determines that the proposed precinct establishment order would not comply with KRS 117.055 to 117.0552, the executive director shall return the proposed precinct establishment order to the county board of elections no later than thirty (30) days after he receives the proposed order. The order shall be accompanied by a letter from the executive director indicating specifically how the order would not comply with KRS 117.055 to 117.0552.

(4) If a proposed precinct establishment order is returned to a county board of elections under this section, the board may:

(a) Amend the proposed order so that the precincts may be established in compliance with KRS 117.055 to 117.0552; or

(b) Request an exemption under KRS 117.0554; or

(c) Request a hearing under KRS 117.0555.

(5) The county board of elections shall resubmit the proposed order to the executive director of the State Board of Elections with the amendment, request for an exemption, or request for a hearing. If the proposed order is resubmitted with an amendment, the executive director or his designee shall review and act upon the amended proposal in accordance with subsections (1) to (3) of this section.

HISTORY: 1992 c 430, § 4, eff. 7-14-92

117.0554. Request for exemption — Procedure.

(1) When a proposed precinct establishment order has been returned to the county board of elections under KRS 117.0553, and the county board of elections has determined that the noncompliance described by the executive director cannot be corrected by the establishment of a precinct that complies with the provisions of KRS 117.055 to 117.0552, the county board of elections may request the State Board of Elections to grant an exemption.

(2) The State Board of Elections shall conduct a hearing on the exemption request. If the State Board of Elections determines that the noncompliance described by the executive director cannot be corrected by the establishment of a precinct that complies with all provisions of KRS 117.055 to 117.0552, the board shall grant the exemption.

(3) If the State Board of Elections grants the exemption, the county board of elections shall amend the proposed precinct establishment order to establish precinct boundaries:

(a) In accordance with the exemption granted by the State Board of Elections;

(b) That comply with all other requirements established by KRS 117.055 to 117.0552; and

(c) That are precisely described in the order.

(4) The county board of elections shall submit the amended order to the State Board of Elections. If the State Board of Elections finds that the proposed order, as amended, complies with subsection (3) of this section, it shall approve the order. The order shall become effective upon its approval by the State Board of Elections unless the order contains a different effective date.

HISTORY: 1992 c 430, § 5, eff. 7-14-92

117.0555. Hearing on returned order believed by county board to be in compliance.

If the county board of elections believes that the proposed order returned under KRS 117.0553(3) complies with KRS 117.055 to 117.0552, the county board may resubmit the order to the executive director and request a hearing before the State Board of Elections. If the State Board of Elections determines that the proposed precinct establishment order complies with KRS 117.055 to 117.0552, the State Board of Elections shall make a written finding of fact that the order complies with KRS 117.055to 117.0552 and shall approve the order. The order shall become effective upon its approval by the State Board of Elections unless the order contains a different effective date.

HISTORY: 1992 c 430, § 6, eff. 7-14-92

117.0556. Information to be supplied to Legislative Research Commission — Opportunity for comment.

For the purposes of implementing KRS 7.550:

(1) The State Board of Elections shall provide the Legislative Research Commission:

(a) A copy of each proposed precinct establishment order submitted under KRS 117.0552;

(b) A copy of each request for an exemption filed under KRS 117.0553 and 117.0554;

(c) Notice of the time and place of any hearing on a request for an exemption held under KRS 117.0554; and

(d) A copy of each precinct establishment order approved under KRS 117.0553to 117.0555.

(2) The Legislative Research Commission or its designee shall be given an opportunity to comment upon any proposed order or request for an exemption made under KRS 117.0553 to 117.0555 prior to the State Board of Elections’ approval of the order or decision on the request.

HISTORY: 1992 c 430, § 8, eff. 7-14-92

117.0557. Schedule of actions for compliance with KRS 117.055 and 117.0551.

Not later than January 1, 1995, the boundaries of all election precincts in the Commonwealth shall comply with KRS 117.055 and 117.0551, and all county boards of elections shall have filed with the State Board of Elections maps and descriptions of precinct boundaries that provide the information required by KRS 117.055 and 117.0552. For the purpose of implementing this section:

(1) By July 15, 1993, the State Board of Elections, in consultation with the Legislative Research Commission, shall review the boundaries of all precincts in effect on July 14, 1992, to determine whether or not the boundaries comply with KRS 117.055 and 117.0551. If the State Board of Elections finds that a precinct boundary does not comply with KRS 117.055 and 117.0551, it shall so notify the county board of elections in writing.

(2) By July 15, 1993, the State Board of Elections, in consultation with the Legislative Research Commission, shall review the maps and descriptions of precinct boundaries on file with the State Board of Elections to determine if the boundaries of all precincts in effect on July 14, 1992, are described and mapped in a manner that provides the information required by KRS 117.055 and 117.0552. If the State Board of Elections finds that the information on file does not provide the information required by KRS 117.055 and 117.0552, it shall so notify the county board of elections in writing.

(3) If a county board of elections receives notice under subsection (1) or (2) of this section, it shall prepare a proposed precinct establishment order to establish a precinct boundary in compliance with KRS 117.055 and 117.0551, or provide a map and description of the precinct boundary in compliance with KRS 117.055 and 117.0552, or both, not later than July 15, 1994. The proposed precinct establishment order shall be processed in the manner prescribed by KRS 117.0552to 117.0555.

HISTORY: 1992 c 430, § 9, eff. 7-14-92

117.056. Maintenance of boundaries of election precincts.

(1) The provisions of KRS 117.055 notwithstanding, the county boards of elections shall maintain the boundaries of election precincts from January 1 of each year ending in “0” until the termination of the next following regular or extraordinary session of the General Assembly which enacts congressional and state legislative redistricting legislation following receipt of the decennial United States Census of Population.
(2) If any county board of elections fails to perform the duty placed upon it by subsection (1) of this section, the State Board of Elections shall apply to the Circuit Court of the county for a writ of mandamus requiring the county board to perform this duty.

HISTORY: 2020 c 78, § 1, eff. 4-7-20; 2001 c 122, § 1, eff. 3-19-01; 1990 c 319, § 1, eff. 7-13-90

117.057. Maintenance of current boundaries of election precincts. [Repealed.]

117.058. Legislative approval for certain boundary changes.

The county board of elections shall not add territory to, delete territory from, or otherwise change the boundary of any congressional, representative, or senatorial district without legislative approval to redefine the district in the form of a legislative act changing the district’s boundaries. Nothing in this section shall be deemed to prohibit the consolidation, creation or division of precincts within legislative and congressional district boundaries under KRS 117.055.

HISTORY: 1986 c 470, § 7, eff. 7-15-86; 1982 c 394, § 1

117.060 Registrant to appear in person; challenge–Repealed

117.065. Establishing voting places for precincts — Change — Expense — Authority to designate as voting places buildings constructed with tax revenues — Voter accessibility — Immediate telephone accessibility.

(1) The county board of elections shall, not later than September 20 of each year, establish the voting place for each precinct. If a change becomes necessary after that date, notice of change shall be published pursuant to KRS Chapter 424. If a change becomes necessary on election day, notice shall be posted at the former voting place. The expense of renting voting places, for which rent of not less than twenty dollars ($20) shall be paid, shall be paid in the same manner as other election expenses.

(2) The county board of elections shall have the authority to designate as voting places, without cost to the board, buildings constructed in whole or in part with tax revenues.

(3) The county board of elections shall designate as voting places only those places which are accessible to all eligible voters, including those with physical limitations and the elderly.

(4) The county board of elections shall ensure that each precinct polling place in the county has immediate access to a telephone within the polling place on the day of any election.

HISTORY: 1994 c 394, § 8, c 416, § 2, eff. 7-15-94; 1980 c 72, § 1, eff. 7-15-80; 1976 c 135, § 2; 1974 c 31, § 1, c 130, § 23

117.066. Ability of precinct with small number of voters to use voting facilities and election officers of larger precinct.

(1) In the case of a precinct comprised of a small number of registered voters, the county board of elections may, pursuant to KRS 117.055, utilize the facilities of another precinct as a voting location. Additionally, the county board of elections may petition the State Board of Elections to allow the precinct election officers of the larger precinct to serve as precinct election officers for the precinct that is the subject of the petition. The petition shall designate both the smaller precinct and the larger precinct with which it is to be included, the type of voting machine or machines to be used, and whether supplemental paper ballots are to be used. The petition shall contain a full explanation of the reasons why inclusion is desirable.

(2) If the petition submitted pursuant to subsection (1) of this section is approved by the State Board of Elections, the election shall be conducted according to the following provisions:

(a) One voting machine may be utilized for both precincts if the State Board of Elections certifies that separate ballots may be placed upon the voting machine to be used without endangering the integrity of the ballots or without violating any other election law. Otherwise, separate voting machines shall be used for each precinct. In the instance of a precinct which has a small number of voters such that the use of a separate voting machine would be cost-prohibitive, the county clerk may make application to the State Board of Elections to use supplemental paper ballots under KRS 118.215 to conduct the voting for the small precinct on election day. If the use of supplemental paper ballots is approved by the State Board of Elections, at the close of voting on election day, the locked ballot box shall be transported to the county board of elections and ballots shall be counted by the county board of elections as provided by KRS 117.275(10) to (13);

(b) Separate precinct voter rosters shall be maintained for each precinct, and steps shall be taken to insure that voters cast their ballot in their duly authorized precinct; and

(c) A separate set of elections forms and reports required by this chapter and the State Board of Elections shall be maintained for each precinct.

HISTORY: 2008 c 129, § 13, eff. 7-15-08; 2002 c 129, § 3, eff. 4-2-02; 1992 c 430, § 10, eff. 4-13-92

117.070 Forms for registration–Repealed

Disabled and Absent Voters

117.075. Mail-in absentee ballots for voters with disabilities–Repealed

117.077. Absentee ballot for medical emergencies.

In case of a medical emergency within fourteen (14) days or less of an election, a registered voter and the registered voter’s spouse may apply for an absentee ballot. The application shall state that the emergency condition occurred within the fourteen (14) day period. The application shall be notarized. The application form may be requested by and delivered by the voter or the spouse, parents, or children of the voter. If the voter has no spouse, parents, or children, the application form may be requested by and delivered by the brother, sister, niece, nephew, or designee of the voter. The application form shall be restricted to the use of the voter. Upon receipt of the application and verification, the county clerk shall issue an absentee ballot.

HISTORY: 2002 c 3, § 1, eff. 2-15-02; 1998 c 243, § 5, eff. 4-1-98; 1994 c 394, § 10, eff. 7-15-94; 1990 c 48, § 17, eff. 7-13-90; 1986 c 287, § 2

117.079. Administrative regulations for absentee voting by military and overseas voters.

The provisions of KRS 117.085, 117.086, and Chapter 117A notwithstanding, the State Board of Elections shall, as circumstances warrant and with the concurrence of the Attorney General, promulgate necessary administrative regulations to preserve the absentee voting rights of residents of Kentucky who are covered voters as defined in KRS 117A.010.

HISTORY: 2013 c 131, § 21, eff. 7-1-14; 1991 1st ex s, c 17, § 1, eff. 3-1-91

117.080 Forms to be made out and signed; preservation; lists of voters–Repealed

117.085. Application for mail-in absentee ballot; in-person absentee voting in the clerk’s office; supervision of and challengers for absentee voting; form of ballot; cancellation of absentee ballot; disclosure of information.

(1) All requests for an application for a mail-in absentee ballot may be transmitted by telephone, facsimile machine, by mail, by electronic mail, or in person. The county clerk shall transmit all applications for a mail-in absentee ballot to the voter by mail, electronic mail, or in person at the option of the voter, except as provided in paragraph (b) of this subsection. The mail-in absentee ballot application may be requested by the voter or the spouse, parents, or children of the voter, but shall be restricted to the use of the voter.

(a) A qualified voter may apply to cast his or her vote by mail-in absentee ballot if the completed application is received not later than the close of business hours seven (7) days before the election, and if the voter is:

1. A resident of Kentucky who is a covered voter as defined in KRS 117A.010;

2. A student who temporarily resides outside the county of his or her residence;

3. Incarcerated in jail and charged with a crime, but has not been convicted of the crime;

4. Changing or has changed his or her place of residence to a different state while the registration books are closed in the new state of residence before an election of electors for President and Vice President of the United States, in which case the voter shall be permitted to cast a mail-in absentee ballot for electors for President and Vice President of the United States only;

5. Temporarily residing outside the state but still eligible to vote in this state;

6. Prevented from voting in person at the polls on election day and from casting an in-person absentee ballot in the county clerk’s office on all days in-person absentee voting is conducted because his or her employment location requires him or her to be absent from the county of his or her residence all hours and all days in-person absentee voting is conducted in the county clerk’s office;

7. A participant in the Secretary of State’s crime victim address confidentiality protection program as authorized by KRS 14.312; or

8. Not able to appear at the polls on election day on the account of age, disability, or illness, and who has not been declared mentally disabled by a court of competent jurisdiction.

(b) Residents of Kentucky who are covered voters as defined in KRS 117A.010 may apply for a mail-in absentee ballot by means of the federal post-card application, which may be transmitted to the county clerk’s office by mail, by facsimile machine, or by means of the electronic transmission system established under KRS 117A.030(4). The federal post-card application may be used to register, reregister, and to apply for a mail-in absentee ballot. If the federal post-card application is received at any time not less than seven (7) days before the election, the county clerk shall affix his or her seal to the application form upon receipt.

(c) In-person absentee voting shall be conducted in the county clerk’s office or other place designated by the county board of elections and approved by the State Board of Elections during normal business hours for at least the twelve (12) working days before the election. A county board of elections may permit in-person absentee voting to be conducted on a voting machine for a period longer than the twelve (12) working days before the election.

(d) A qualified voter may, at any time during normal business hours on those days in-person absentee voting is conducted in the county clerk’s office, make application in person to the county clerk to vote on a 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, if the voter:

1. Is a resident of Kentucky who is a covered voter as defined in KRS 117A.010, who will be absent from the county of his or her residence on any election day;

2. Is a student who temporarily resides outside the county of his or her residence;

3. Has surgery, or whose spouse has surgery, scheduled that will require hospitalization on election day;

4. Temporarily resides outside the state, but is still eligible to vote in this state and will be absent from the county of his or her residence on any election day;

5. Is a resident of Kentucky who is a uniformed-service voter as defined in KRS 117A.010 confined to a military base on election day, learns of that confinement within seven (7) days or less of an election, and is not eligible for a mail-in absentee ballot under this subsection;

6. Is in her last trimester of pregnancy at the time she wishes to vote under this paragraph. The application form for a voter under this subparagraph shall be prescribed by the State Board of Elections, which shall contain the woman’s sworn statement that she is in fact in her last trimester of pregnancy at the time she wishes to vote;

7. Has not been declared mentally disabled by a court of competent jurisdiction and, on account of age, disability, or illness, is not able to appear at the polls on election day; or

8. Is not permitted to vote by a mail-in absentee ballot under paragraph (a) of this subsection, but who will be absent from the county of his or her residence on election day.

(e) Voters who change their place of residence to a different state while the registration books are closed in the new state of residence before a presidential election shall be permitted to cast an in-person absentee ballot for President and Vice President only, by making application in person to the county clerk to vote on a 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, up to the close of normal business hours on the day before the election.

(f) Any member of the county board of elections, any precinct election officer appointed to serve in a precinct other than that in which he or she is registered, any alternate precinct election officer, any deputy county clerk, any staff for the State Board of Elections, and any staff for the county board of elections may vote on a 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, up to the close of normal business hours on the day before the election. The application form for those persons shall be prescribed by the State Board of Elections and, in the case of application by precinct election officers, shall contain a verification of appointment signed by a member of the county board of elections. If an alternate precinct election officer or a precinct election officer appointed to serve in a precinct other than that in which he or she is registered receives his or her appointment while in-person absentee voting is being conducted in the county, the officer may vote on a 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, up to the close of normal business hours on the day before the election. Precinct election officers’ verification of appointment shall also contain the date of appointment. The applications shall be restricted to the use of the voter only.

(g) The members of the county board of elections or their designees who provide equal representation of both political parties may serve as precinct election officers, without compensation, for all in-person absentee voting performed on a 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. If the members of the county board of elections or their designees serve as precinct election officers for the in-person absentee voting, they shall perform the same duties and exercise the same authority as precinct election officers who serve on the day of an election. If the members of the county board of elections or their designees do not serve as precinct election officers for in-person absentee voting, the county clerk or deputy county clerks shall supervise the in-person absentee voting.

(h) Any individual qualified to appoint challengers for the day of an election may also appoint challengers to observe all in-person absentee voting performed at the county clerk’s office or other place designated by the county board of elections, and approved by the State Board of Elections, and those challengers may exercise the same privileges as challengers appointed for observing voting on the day of an election at a regular polling place.

(2) The county clerk shall type the name of the voter permitted to vote by mail-in absentee ballot on the mail-in absentee ballot application form for that person’s use and no other. The mail-in absentee ballot application form shall be in the form prescribed by the State Board of Elections, shall bear the seal of the county clerk, and shall contain the following information: name, residential address, precinct, party affiliation, statement of the reason the person cannot vote in person on election day, statement of where the voter shall be on election day, statement of compliance with residency requirements for voting in the precinct, and the voter’s mailing address for a mail-in absentee ballot. The mail-in absentee ballot application form shall be verified and signed by the voter. A notice of the actual penalty provisions in KRS 117.995(2) and (5) shall be printed on the mail-in absentee ballot application form.

(3) If the county clerk finds that the voter is properly registered as stated in his or her mail-in absentee ballot application form and qualifies to receive a mail-in absentee ballot by mail, he or she shall mail to the voter a mail-in absentee ballot, two (2) official envelopes for returning the mail-in absentee ballot, and instructions for voting. The county clerk shall complete a postal form for a certificate of mailing for mail-in absentee ballots mailed within the fifty (50) states, and it shall be stamped by the postal service when the mail-in absentee ballots are mailed. A mail-in absentee ballot may be transmitted by facsimile machine or by the electronic transmission system established under KRS 117A.030(4) to a covered voter as defined in KRS 117A.010. The covered voter shall be notified of the options for transmittal of the mail-in absentee ballot, and the mail-in absentee ballot shall be transmitted by the method chosen for receipt by the resident of Kentucky who is a covered voter.

(4) Mail-in absentee ballots which are requested prior to the printing of the mail-in absentee ballots shall be mailed or otherwise transmitted as provided in subsection (3) of this section by the county clerk to the voter within three (3) days of the receipt of the printed ballots. Mail-in absentee ballots requested after the receipt of the ballots by the county clerk shall be mailed or otherwise transmitted as provided in subsection (3) of this section to the voter within three (3) days of the receipt of the request.

(5) The county clerk shall cause mail-in absentee ballots to be printed fifty (50) days prior to each primary or regular election, and forty-five (45) days prior to a special election.

(6) The outer envelope shall bear the words “Absentee Ballot” and the address and official title of the county clerk and shall provide space for the voter’s signature, voting address, precinct number, and signatures of two (2) witnesses if the voter signs the form with the use of a mark instead of the voter’s signature. A detachable flap on the inner envelope shall provide space for the voter’s signature, voting address, precinct number, signatures of two (2) witnesses if the voter signs the form with the use of a mark instead of the voter’s signature and notice of penalty provided in KRS 117.995(5). The county clerk shall type the voter’s address and precinct number in the upper left hand corner of the outer envelope and of the detachable flap on the inner envelope immediately below the blank space for the voter’s signature. The inner envelope shall be blank. The county clerk shall retain the mail-in ballot application form and the postal form required by subsection (3) of this section for twenty-two (22) months after the election.

(7) Any person who has received a mail-in absentee ballot by mail but who knows at least seven (7) days before the date of the election that he or she will be in his or her county of residence on election day and who has not voted pursuant to the provisions of KRS 117.086 shall cancel his or her mail-in absentee ballot and vote in person. The voter shall return the mail-in absentee ballot to the county clerk’s office no later than seven (7) days prior to the date of the election. Upon the return of the mail-in absentee ballot, the county clerk shall mark on the outer envelope of the sealed ballot or the unmarked ballot the words “Canceled because voter appeared to vote in person.” Sealed envelopes so marked shall not be opened. The county clerk shall remove the voter’s name from the list of persons who were sent mail-in absentee ballots, and the voter may vote in the precinct in which he or she is properly registered.

(8) Any voter qualified for a mail-in absentee ballot who does not receive a requested mail-in absentee ballot within a reasonable amount of time shall contact the county clerk, who shall reissue a second mail-in absentee ballot. The county clerk shall keep a record of the mail-in absentee ballots issued and returned by mail, and the in-person absentee voting that is performed 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, to verify that only the first voted ballot to be returned by the voter is counted. Upon the return of any ballot after the first ballot is returned, the county clerk shall mark on the outer envelope of the sealed ballot the words “Canceled because ballot reissued.”

(9) Any covered voter as defined in KRS 117A.010 who has received a mail-in absentee ballot but who knows that he or she will be in the county on election day and who has not voted pursuant to the provisions of KRS 117.086 shall cancel his or her mail-in absentee ballot and vote in person. The voter shall return the mail-in absentee ballot to the county clerk’s office on or before election day. Upon the return of the mail-in absentee ballot, the county clerk shall mark on the outer envelope of the sealed mail-in absentee ballot or the unmarked mail-in absentee ballot the words “Canceled because voter appeared to vote in person.” Sealed envelopes so marked shall not be opened. If the covered voter is unable to return the mail-in absentee ballot to the county clerk’s office on or before election day, at the time he or she votes in person, he or she shall sign a written oath as to his or her qualifications on the form prescribed by the State Board of Elections pursuant to KRS 117.245. The county clerk shall remove the voter’s name from the list of persons who were sent mail-in absentee ballots, provide the voter with written authorization to vote at the precinct, and the voter may vote in the precinct in which he or she is properly registered.

(10) Notwithstanding the provisions of the Kentucky Open Records Act, KRS 61.870 to 61.884, the information contained in an application for a mail-in absentee ballot shall not be made public until after the close of business hours on the election day for which the application applies. This subsection shall not prohibit at any time the disclosure, upon request, of the total number of applications for mail-in absentee ballots that have been filed, or the disclosure to the Secretary of State or the State Board of Elections, if requested or if otherwise required by law, of any information in an application for a mail-in absentee ballot.

HISTORY: 2019 c 112, § 2, eff. 6-27-19; 2017 c 190, § 7, eff. 4-11-17; 2013 c 131, § 22, eff. 7-1-14; 2013 c 87 § 11, c 124, § 2, eff. 6-25-13; 2010 c 176, § 5, eff. 7-15-10; 2008 c 79, § 1, c 129, § 3, eff. 7-15-08; 2002 c 3, § 2, eff. 2-15-02; 2002 c 63, § 12, eff. 7-15-02; 2000 c 134, § 1, eff. 3-17-00; 1998 c 243, § 6, eff. 4-1-98; 1998 c 386, § 1, eff. 4-7-98; 1996 c 195, § 6, eff. 7-15-96; 1996 c 163, § 1, eff. 4-3-96; 1994 c 394, § 11, eff. 7-15-94; 1992 c 65, § 2, c 288, § 35, eff. 7-14-92; 1990 c 48, § 18; 1988 c 341, § 27, c 25, § 1, c 233, § 1; 1986 c 287, § 5, c 470, § 9; 1984 c 413, § 1; 1982 c 394, § 11; 1980 c 316, § 1; 1978 c 71, § 1; 1976 c 247, § 4

117.0851. Tabulation of absentee ballots.

Absentee ballots cast, as provided by KRS 117.077 and 117.085, shall all be tabulated in the same manner, as shall be provided by this chapter.

HISTORY: 2019 c 112, § 4, eff. 6-27-19; 1992 c 296, § 2, eff. 7-14-92; 1986 c 287, § 3

117.086. Marking of absentee ballot — Deposit of returned ballots— Record — Disclosure of information.

(1) The voter returning his absentee ballot by mail shall mark his ballot, seal it in the inner envelope and then in the outer envelope, and mail it to the county clerk as shall be provided by this chapter. The voter shall sign the detachable flap and the outer envelope in order to validate the ballot. 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 as 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. A resident of Kentucky who is a covered voter as defined in KRS 117A.010who has received an absentee ballot transmitted by facsimile machine or by means of the electronic transmission system established under KRS 117A.030(4) shall transmit the voted ballot to the county clerk by mail only, conforming with ballot security requirements that may be promulgated by the state board by administrative regulation. In order to be counted, the ballots shall be received by the clerk by at least the time established by the election laws generally for the closing of the polls, which time shall not include the extra hour during which those voters may vote who were waiting in line to vote at the scheduled poll closing time.

(2) Any voter who shall be absent from the county on election day, but who does not qualify to receive an absentee ballot by mail under the provisions of KRS 117.085, and all voters qualified to vote prior to the election under the provisions of KRS 117.085, shall vote at the main office of the county clerk or other place designated by the county board of elections, and approved by the State Board of Elections, prior to the day of election. The clerk may provide for such voting by the voting equipment in general use in the county either at the precinct, the equipment as may be used to tabulate absentee ballots, or any other voting equipment approved by the State Board of Elections for use in Kentucky, except as follows:

(a) Any voter qualifying to vote in the clerk’s office or other place designated by the county board of elections, and approved by the State Board of Elections, who receives assistance to vote shall complete the voter assistance form required by KRS 117.255.

(b) Any voter qualifying to vote in the clerk’s office or other place designated by the county board of elections, and approved by the State Board of Elections, whose qualifications are challenged by any clerk or deputy shall complete an “Oath of Voter” affidavit.

(3) When the clerk uses general voting equipment as provided for in subsection (2) of this section, each voter casting his vote at the clerk’s office or other place designated by the county board of elections, and approved by the State Board of Elections, shall sign an “Absentee Ballot Signature Roster.”

(4) The clerk shall designate a location within his office where the ballots shall be cast secretly. The county clerk, with the approval of the State Board of Elections, may establish locations other than his main office in which the voters may execute their ballots. Public notice of the locations shall be given pursuant to KRS Chapter 424 and similar notice by mail shall be given to the county chairmen of the two (2) political parties whose candidates polled the largest number of votes in the county at the last general election.

(5) The State Board of Elections shall promulgate administrative regulations to provide for casting ballots as provided in subsection (2) of this section.

(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 61.870to 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.

(8) The county board of elections shall report to the State Board of Elections within ten (10) days after any primary or general election as to the number of rejected absentee ballots and the reasons for rejected absentee ballots on a form prescribed by the State Board of Elections in administrative regulations promulgated under KRS Chapter 13A.

HISTORY: 2013 c 131, § 23, eff. 7-1-14; 2013 c 124, § 3, eff. 6-25-13; 2002 c 3, § 3, eff. 2-15-02; 2000 c 134, § 2, eff. 3-17-00; 1998 c 386, § 2, eff. 4-7-98; 1998 c 243, § 7, eff. 4-1-98; 1994 c 394, § 12, eff. 7-15-94; 1990 c 48, § 19, eff. 7-13-90; 1988 c 341, § 28; 1986 c 287, § 6, c 470, § 10; 1980 c 73, § 2

117.0863. Assistance in voting by absentee ballot — Form required of voter and assistant.

(1) Except for those voters who have been certified as requiring assistance in voting on a permanent or annual basis, any person voting by means of an absentee ballot by mail or 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, as provided in this chapter who receives assistance in voting shall be required to complete the voter assistance form required by KRS 117.255.

(2) Any person who assists another person in voting by use of an absentee ballot by mail or on a 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, shall complete the voter assistance form required by KRS 117.255.

(3) The detachable flap on all absentee ballot envelopes shall have printed upon it the voter assistance form required by KRS 117.255, as well as a notice of the penalty for failure to complete the form.

(4) The State Board of Elections shall promulgate a voter assistance form which shall be in a form acceptable to the Attorney General.

HISTORY: 1998 c 243, § 8, eff. 4-1-98; 1996 c 270, § 2, eff. 7-15-96; 1994 c 394, § 13, eff. 7-15-94; 1990 c 48, § 20, eff. 7-13-90; 1988 c 341, § 14

117.0865. Prohibition against influencing voter completing an absentee ballot — Penalty.

Any person who aids another in completing an absentee ballot shall not solicit or encourage that person to vote for or against any candidate, party, or issue. Any person who violates this section shall be guilty of a Class D felony.

HISTORY: 1990 c 48, § 21, eff. 7-13-90; 1988 c 341, § 15

117.087. Challenge of an absentee ballot — Counting procedure — Persons permitted to observe.

(1) The challenge of an absentee ballot returned by mail shall be in writing and in the hands of the county clerk before 8 a.m. on election day.

(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 (⅔) of whom shall be members of the same political party, to count the ballots at the direction of the county board of elections.

(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. 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.

(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. 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.”

(5) After the challenges have been made and all the blank inner envelopes have been placed in a ballot box, the box shall be thoroughly shaken to redistribute the absentee ballots in the box. The board shall open the ballot box, remove the absentee ballots from the inner envelopes, and count the ballots.

(6) The board shall unlock any voting equipment used to cast ballots in the clerk’s office or other place designated by the county board of elections, and approved by the State Board of Elections, as provided for in KRS 117.086, and a total of all ballots shall be made and recorded on the form provided by the State Board of Elections.

(7) The county board of elections, the county clerk, and all individuals permitted to be present for the counting of absentee ballots pursuant to subsection (2) of this section shall not make public the absentee ballot results determined as provided in this section until after 6 p.m. prevailing time.

HISTORY: 2016 c 62, § 8, eff. 7-15-16; 2003 c 184, § 1, eff. 6-24-03; 2002 c 3, § 4, eff. 2-15-02; 1998 c 243, § 9, eff. 4-1-98; 1994 c 394, § 14, eff. 7-15-94; 1990 c 48, § 22, eff. 7-13-90; 1988 c 341, § 29; 1986 c 470, § 11, c 287, § 7; 1982 c 394, § 12; 1980 c 73, § 3, c 316, § 2

117.088. Pilot program for unassisted voting by blind and visually impaired persons.

(1) For purposes of this section, “blind or visually impaired individual” means an individual who:

(a) Has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision so that the widest diameter of the visual field subtends an angle no greater than twenty (20) degrees;

(b) Has a medically indicated expectation of visual deterioration;

(c) Has a medically diagnosed limitation in visual functioning that restricts the individual’s ability to read and write standard print at levels expected of individuals of comparable ability;

(d) Has been certified as requiring permanent assistance to vote under KRS 117.255(5) for reason of blindness; or

(e) Qualifies to receive assistance to vote under KRS 117.255(2) for reason of blindness.

(2) For purposes of this section, “pilot program” means a program in a county containing a consolidated local government or containing a city of the first class for unassisted voting by blind or visually impaired individuals.

(3) A county board of elections in a county containing a consolidated local government or containing a city of the first class may establish a pilot program. As part of this pilot program, the State Board of Elections shall approve the use of voting equipment under KRS 117.379 that is designed to permit blind and visually impaired individuals to vote without assistance, for use beginning in the 2002 general election. No county board of elections in a county containing a consolidated local government or containing a city of the first class shall be required to operate a pilot program.

(4) The State Board of Elections, if it approves the voting equipment under KRS 117.379, may approve the use of voting equipment designed to permit blind and visually impaired individuals to vote without assistance in as many locations within a county containing a consolidated local government or containing a city of the first class as are designated by the county board of elections.

(5) A county board of elections in a county containing a consolidated local government or containing a city of the first class shall provide a report to the State Board of Elections after every primary or general election regarding the number of blind or visually impaired individuals that have utilized the voting equipment during the pilot program.

(6) Notwithstanding the provisions of KRS 116.025, or any other statute to the contrary, a blind or visually impaired voter residing in a county containing a consolidated local government or containing a city of the first class that is operating a pilot program shall be permitted to vote at a location outside the precinct of his or her registration by voting at a location within the county of his or her registration on a voting machine designed to permit blind or visually impaired individuals to vote without assistance, which may include voting at the county clerk’s office, or other place designated by the county board of elections, and approved by the State Board of Elections.

(7) Notwithstanding the provisions of KRS 117.085, 117.086, or 117.0863 or any other statute to the contrary, a blind or visually impaired individual residing in a county containing a consolidated local government or containing a city of the first class that is operating a pilot program shall be permitted to vote in the location within the county of his or her registration as provided under subsection (6) of this section, on a voting machine designed to permit blind or visually impaired individuals to vote without assistance, at any time during which absentee voting is conducted in the clerk’s office or other place designated by the county board of elections during normal business hours on at least any of the twelve (12) working days before the election, and the county board of elections may permit the voting to be conducted on a voting machine for a period longer than the twelve (12) working days before the election prescribed above. An application for those blind or visually impaired individuals wishing to vote on a voting machine approved for use by blind or visually impaired individuals shall be prescribed by the State Board of Elections and shall include the individual’s sworn statement that the individual is blind or visually impaired.

(8) Notwithstanding the requirements of KRS 117.381, or any other statute to the contrary, the State Board of Elections may certify, as a part of the pilot project of a county containing a consolidated local government or containing a city of the first class, voting equipment which utilizes audio recordings, voice-activated technology, or vocal recognition technology to record a vote, and may require such accommodations as would permit a blind or visually impaired voter to cast a vote in secret.

(9) Notwithstanding the provisions of KRS 117.255, a blind or visually impaired voter residing in a county containing a consolidated local government or containing a city of the first class that is operating a pilot project may cast his or her vote alone and without assistance on a voting machine approved for use by blind or visually impaired individuals. However, the blind or visually impaired voter shall be instructed by the officers of election, with the aid of the instruction cards and the model, in the use of the machine, if the voter so requests.

(10) Nothing in this section shall impair the right of any qualified voter under KRS 117.255 to receive assistance and vote according to the procedures specified in that section.

HISTORY: 2019 c 112, § 5, eff. 6-27-19; 2002 c 147, § 1, eff. 7-15-02

117.090 Replacement of lost or destroyed forms; re-registration–Repealed

117.100 Transferring registration–Repealed

Methods of Voting

117.105. Purchase or lease of voting machines.

The fiscal court of any county shall purchase or lease, from available funds or from the proceeds of bonds which may be issued for that purpose, voting machines, including extra or reserve machines, for use in regular, special and primary elections. The fiscal court may, prior to any election, authorize the use of additional voting machines in any particular precinct.

HISTORY: 1974 c 130, § 24, eff. 6-21-74

117.110 Register and list of voters to be delivered to election clerk–Repealed

117.115. Power to select make of machine.

The fiscal court of any county may select in its discretion any type and make of voting machine that complies with the specifications and requirements of this chapter. The fiscal court may employ engineers and other skilled persons to advise and aid in the selection of the machines and in determining the specifications thereof.

HISTORY: 1974 c 130, § 25, eff. 6-21-74

117.120 Challenging voter regarding registration; voting record; registration only prima facie evidence of right to vote–Repealed

117.125. Specifications and features required for approval.

No make of voting machine shall be approved for use unless it is so constructed that:

(1) It will insure secrecy to the voter in the act of voting.

(2) It provides facilities that will permit votes to be cast for any candidate entitled to have his name printed upon the ballots at any regular, special or primary election, and for or against any public question entitled to be placed upon the ballots.

(3) It will, except at primary elections, permit a voter to vote for all the candidates of one (1) party or for one (1) or more candidates of every party having candidates entitled to be voted for, or for one (1) or more independent candidates.

(4) It will permit a voter to vote for as many persons for an office as he is lawfully entitled to vote for, and no more.

(5) It will prevent a voter from voting for the same person, or for or against the same question, more than once.

(6) It will permit a voter to vote for or against any question he may have the right to vote on, but no other.

(7) It may be adjusted for use in primary elections so that a voter may not vote for any person except those seeking nomination as candidates of his party or as candidates for an office of the Court of Justice.

(8) It will correctly register and accurately count all votes cast for each person, and for or against each public question.

(9) It can be determined whether the machine has been unlocked and operated after once being locked.

(10) It will show at all times during an election how many persons have voted by a device hereinafter referred to as a public counter.

(11) The counter indicating the number of votes cast for each person and for or against each public question cannot be seen or tampered with without unlocking a covering device that cannot be unlocked by a key that unlocks any other part of the machine. When such counters are so exposed the machine can no longer be placed into condition for operation without the use of a special key, which key shall not have been in the possession of the election officers at the polling places; but if this requirement has the effect of eliminating from consideration any other make of machine such requirement shall not apply.

(12) The operating device and operating mechanism may be locked before the time for opening the polls and after the time for closing the polls.

(13) It is accompanied by a mechanical model illustrating the manner of voting on the machine, suitable for the instruction of voters.

(14) It will permit a voter to vote for all the candidates for presidential electors of any party by one (1) operation.

(15) It will permit a voter to vote, in any regular or special election, for any person desired to be voted for whose name does not appear upon the voting machine.

(16) It bears a number that will distinguish it from any other machine.

(17) The frames in which ballot labels are placed shall be constructed with transparent protective devices, in order that the names thereon cannot be mutilated or altered.

HISTORY: 1976 c 54, § 21, eff. 3-10-76; 1974 c 130, § 26

117.130 Right to inspect and obtain copies of registration books–Repealed

117.135. Custody of machines.

When voting machines are acquired by any county, they shall be immediately placed in the custody of the county clerk, and shall remain in his custody at all times except when in use at an election or when in the custody of a court or court officer during contest proceedings. The clerk shall see that the machines are properly protected and preserved from damage or unnecessary deterioration, and shall not permit any unauthorized person to tamper with the machines.

HISTORY: 1974 c 130, § 27, eff. 6-21-74

117.140 Fees allowed county clerk–Repealed

117.145. Preparation of ballot labels, absentee ballots and supplemental paper ballots — Provision for write-in votes.

(1) At least fifteen (15) days before any special election, and at least fifty (50) days before any primary or regular election, the county clerk of each county shall cause to be printed and ready for use ballot labels for each candidate who, and each question which, is entitled to be voted upon in such election. The ballot labels shall be printed on clear white paper or other material which shall be furnished by the printer. They shall be printed in black ink, in plain, clear type clearly legible to a person with normal vision, and shall be of a size to fit the ballot frames. The labels shall include the necessary party designations.

(2) Each county clerk shall have printed a sufficient number of paper absentee ballots. The absentee ballot shall be used for voting by absent voters; by precinct officers who have been assigned to a precinct other than their own; by members of a county board of elections; by voters so disabled by age, infirmity or illness as to be unable to appear at the polls; and for voting in an emergency situation. The ballot stubs shall be consecutively numbered and the county board shall keep a record, by number, of all absentee ballots used for any of the purposes listed herein.

(3) No later than the Friday preceding a special or regular election, the county clerk shall equip the voting machines with the necessary supplies for the purpose of write-in votes. The county clerk shall also attach a pencil or pen to the voting machine for write-in purposes.

(4) If supplemental paper ballots have been approved as provided in KRS 118.215, the county clerk shall cause to be printed a sufficient number of paper ballots for the registered voters of each precinct. The paper ballots shall have stubs which are numbered consecutively. The quality of paper on which the supplemental paper ballots are printed shall be determined by regulations promulgated by the secretary of the Finance and Administration Cabinet.

HISTORY: 1992 c 296, § 3, eff. 7-14-92; 1990 c 48, § 23; 1986 c 470, § 12; 1984 c 44, § 4, c 185, § 8; 1976 ex s, c 1, § 3; 1974 c 130, § 28

117.150 Powers and liabilities of deputy county clerk–Repealed

117.155. Arrangement of ballot labels — Preparation of machines — Record.

Upon receiving the printed ballot labels, the county clerk shall place them in the ballot frames upon the machines, in such a manner as will most nearly conform to the plan of arrangement prescribed by the Secretary of State in the manner prescribed in KRS 118.215. He shall then see that the counters referred to in subsections (10) and (11) of KRS 117.125 are set at zero, and shall lock the operating device and mechanism and the devices protecting the counters and ballot labels. He shall then enter in an appropriate book, opposite the number of each precinct the distinguishing number of the machine to be used in that precinct.

HISTORY: 1976 c 247, § 10, eff. 6-19-76; 1974 c 130, § 29

117.160 Definition of “city executive committee”–Repealed

117.165. Examination of machines by county board — Approval — Delivery of election supplies to precinct.

(1) Upon completing the preparation of the machines in accordance with the provisions of KRS 117.155, and not later than the Thursday preceding the day of the election, the county clerk shall notify the members of the county board of elections that the machines are ready for use. The board shall thereupon convene at the office of the county clerk, not later than the Friday preceding the day of the election, and examine the machines to determine whether the requirements of KRS 117.155 have been met. The county board of elections shall publish notice, in accordance with KRS 424.130(1)(d), at least twenty-four (24) hours in advance of the time when the machines are to be examined by the board. If found in proper order, the members of the county board of elections shall endorse their approval in the book in which the county clerk has entered the numbers of the machines opposite the numbers of the precincts. The clerk shall then deliver all of the keys to the machines to the county board of elections who shall give a receipt for the keys which shall contain identification of the keys. Not later than one (1) hour before the time set for the opening of the polls, the board shall deliver all election supplies including the precinct list, tabulation sheets, and the key to the device covering the registering counters and other keys necessary for the operation of the machine in registering votes, to the election officers of the precinct in which the machine is being used, who shall give the board a receipt containing identification of the keys. The master key and all other keys shall remain in the possession of the county board of elections.

(2) Not later than four (4) business days preceding the date set by the county board of elections to conduct absentee voting in accordance with KRS 117.085(1)(c), the county clerk shall notify the members of the county board of elections that the voting machines designated for use during absentee voting are ready for use. The board shall thereupon convene at the office of the county clerk, not later than three (3) business days preceding the date set by the county board of elections to conduct absentee voting, and examine the machines to determine whether the requirements of KRS 117.155 have been met. The county board of elections shall publish notice, in accordance with KRS 424.130(1)(d), at least twenty-four (24) hours in advance of the time when the absentee voting machines are to be examined by the board. If found in proper order, the members of the county board of elections shall endorse their approval in the book in which the county clerk has entered the identification number of the machines designated for use during absentee voting.

(3) Any candidate, one (1) representative of each political party having candidates to be voted for at the election, and representatives of the news media may be present when the examination of the machines is made by the county board of elections.

HISTORY: 2008 c 79, § 2, eff. 7-15-08; 1992 c 296, § 4, eff. 7-14-92; 1982 c 394, § 13; 1974 c 130, § 30

117.170 Board of registration commissioners; powers; qualifications; compensation–Repealed

117.175. Instruction cards.

The county clerk shall, with the county attorney, prepare a sufficient number of instruction cards containing a diagram showing the front of the voting machine as it will appear on the day of the election, instructions as to the proper method of voting by the use of the machine and instructions as to the proper method of casting a write-in vote. If supplemental paper ballots have been approved, as provided in KRS 118.215, the instruction cards shall indicate the offices, candidates and questions which will appear on the paper ballots and the instructions for marking and depositing the ballots. The cards shall be examined and approved by the county board of elections at the time the machines are examined and approved. The cards shall be delivered to each election clerk by the county clerk at the time that other election supplies are delivered and the election clerk shall post the card at the polling place.

HISTORY: 1976 1st ex s, c 1, § 4, eff. 3-19-77; 1974 c 130, § 31

117.180 Appointment of board members; term–Repealed

117.185. Election officers, instruction and compensation. [Repealed.]

117.187. Training regarding election laws for state and county officials — Training and compensation for election officers and training for certified challengers.

(1) The State Board of Elections shall regularly provide special training regarding the election laws and methods of enforcement to all members of county boards of elections, county attorneys, Commonwealth’s attorneys, and certain members of the Department of Kentucky State Police.

(2) The county board of elections shall provide special training before each primary and regular election, and any special election held during a year in which no elections are scheduled, to all election officers, alternates, and certified challengers regarding their duties and the penalties for failure to perform. Election officers, including alternates, and certified challengers shall attend the training session, unless excused by the county board of elections for reason of illness or other emergency. Any person who fails to attend a training session without being excused shall be prohibited from serving as an election officer or challenger for a period of five (5) years. The training provided by the county board of elections shall include but not be limited to the following:

(a) Operation of the voting machine or ballot cards;

(b) Posting of necessary signs and notices at the polling place;

(c) Voter assistance;

(d) Maintaining precinct rosters;

(e) Confirmation of a voter’s identity;

(f) Challenge of a voter;

(g) Completing changes of address or name at the polling place;

(h) Qualifications for voting in a primary election;

(i) Electioneering and exit polling;

(j) Write-in voting procedures;

(k) Persons who may be in the voting room;

(l) Election violations and penalties;

(m) Assistance which may be provided by law enforcement officers;

(n) Election reports;

(o) Disability awareness;

(p) Provisional voting process;

(q) Election emergency contingency plan; and

(r) Elections and voting equipment security plan.

(3) The county attorney shall attend the training session for election officers to assist in explaining the duties and penalties for failure to perform.

(4) Compensation in the minimum amount of ten dollars ($10) for reimbursement of actual expenses shall be paid by the county to the election officers for attending the training session.

HISTORY: 2010 c 176, § 6, eff. 7-15-10; 2007 c 85, § 158, eff. 6-26-07; 2006 c 7, § 2, eff. 3-8-06; 2005 c 71, § 3, eff. 6-20-05; 1998 c 243, § 10, eff. 4-1-98; 1994 c 394, § 15, eff. 7-15-94; 1992 c 288, § 50, eff. 7-14-92; 1988 c 341, § 12

117.190 Removals; vacancies; incompatible offices–Repealed

117.195. Delivery of machines to precincts — Arrangement in voting place — Delivery of supplemental paper ballots, voting booths, supplies, and ballot box to each precinct — County clerk to take receipt and retain keys to ballot box.

(1) At least one (1) hour prior to the opening of the polls, the county clerk shall deliver each machine, with the operating device and mechanism and the device covering the registering counters securely locked, to the clerk of the precinct in which it is to be used, and shall take a receipt indicating the distinguishing number of the machine. The clerk of the precinct shall cause the machine to be arranged in the voting place so that the front of the machine, on which appear the ballot labels and the operating devices, will not be visible, when being operated, to any person other than the voter.

(2) In polling places in which machines for multiple precincts are located, the county clerk shall post a sign near each machine identifying the precinct for which the machine has been designated.

(3) If supplemental paper ballots have been approved as provided in KRS 118.215, the county clerk shall, at least one hour prior to the opening of the polls, deliver a sufficient number of ballots for the registered voters of each precinct, a sufficient number of voting booths for voting paper ballots, string, rubber stamps for marking “Spoiled” and “Unused” ballots and a locked ballot box for each precinct. The county clerk shall take a receipt for the number of ballots issued and the ballot box for each precinct. The county clerk shall retain the keys to all ballot boxes.

HISTORY: 1990 c 48, § 24, eff. 7-13-90; 1976 ex s, c 1, § 5; 1974 c 130, § 33

117.200 Bond of board members–Repealed

117.205. Examination by election officers — Correction of defects — Reserve voting machine.

Before permitting any person to vote on the day of the election, the election officers shall examine the machine to ascertain whether it has been operated since the counters referred to in subsections (10) and (11) of KRS 117.125 were set at zero, and to ascertain whether the ballot labels are arranged as specified on the printed instruction cards. If the machine indicates that it has been operated or if the ballot labels are not so arranged, the officers shall not unlock the operating device or mechanism, but shall immediately secure the attendance of the county clerk and one (1) member of the county board of elections other than the county clerk, who shall reset the counters at zero and relock the device covering the counters, or properly arrange the ballot labels, as the case may be, in the presence of the election officers. If the attendance of members of the board of elections cannot be obtained before the opening of the polls or within one (1) hour thereafter, the election officers shall notify the county clerk of the foregoing facts and obtain from the county clerk a reserve voting machine, and proceed to conduct the election. Any reserve machine shall have been certified for use at the election by the county board of elections and prepared for use at the election by the election officers in the precinct in the same manner as the original machine was prepared for the election. The machine found to have been so operated shall be returned immediately to the custody of the county clerk, whose duty it shall be to promptly repair same in order that it may be used as a reserve machine in the election if needed.

HISTORY: 1990 c 48, § 25, eff. 7-13-90; 1974 c 130, § 34

117.210 Employees of board–Repealed

117.215. Procedure when machine becomes unusable during election — Counting of votes — Backup voting machine or supplemental paper ballots for emergency use.

(1) If, during the conduct of an election, a machine becomes in a state of disrepair so that it cannot be operated in a manner that will comply with the provisions of this chapter, the election officers shall lock or seal the machine in such a manner as to prevent further voting thereon and record the numbers shown by the public counter. Then the election officers shall secure from the county clerk a reserve voting machine, which shall be prepared and made ready for use as provided in KRS 117.205, and thereupon proceed to conduct the election. When the polls are closed both the original and reserve voting machines shall be examined and the votes thereon registered shall be counted as provided in KRS 117.275 and the aggregate number of votes cast on both machines for each candidate and on each question shall be certified as the result of the election in that precinct.

(2) If an emergency should arise due to the malfunction of the voting machine, the county clerk shall provide a backup voting machine or supplemental paper ballots for use at the precinct and a ballot box in which to deposit the voted ballots. The ballot box shall be locked with two (2) locks and the judges of the precinct shall each hold the key to one (1) lock. At the close of voting, the ballots shall be counted at the precinct or a central counting center and added to the votes cast by machine. The aggregate of these votes shall be certified as the result of the election in that precinct.

HISTORY: 1990 c 48, § 26, eff. 7-13-90; 1976 1st ex s, c 1, § 6; 1974 c 130, § 35

117.220 Oath may be administered by board and employees–Repealed

117.225. Voter’s signature — Use of original registration forms to compare signature — Voting supplemental paper ballot.

(1) Any person desiring to vote on election day shall give his name and address to the clerk of the election. If the person’s name is listed on the precinct list furnished by the State Board of Elections as provided in KRS 117.025 and if no challenge is made, he shall sign his name on the precinct list in the space opposite his printed name. The voter’s signature shall constitute his verification that he is a properly registered and qualified voter. The voter shall then retire alone to cast his vote on the voting machine. The county board of elections may provide to each precinct the original registration form of each voter entitled to vote in that precinct. These forms shall be used to compare signatures in those precincts to which the forms are provided.

(2) If supplemental paper ballots are used, as provided in KRS 118.215, after voting on the voting machine the voter shall take the supplemental paper ballot with the stub intact and retire alone to the voting booth provided for voting paper ballots. After voting the supplemental paper ballot, the voter shall remove the numbered stub, hand the stub to an election official and deposit the voted ballot in the locked ballot box.

HISTORY: 1986 c 33, § 1, eff. 7-15-86; 1978 c 384, § 561; 1976 ex s, c 1, § 7; 1976 c 199, § 1; 1974 c 130, § 36

117.227. Confirmation of voter’s identity.

Election officers shall confirm the identity of each voter by personal acquaintance or by a document, such as a motor vehicle operator’s license, Social Security card, any identification card that has been issued by the county and which has been approved in writing by the State Board of Elections, any identification card with picture and signature, any United States government-issued identification card, any Kentucky state government-issued identification card with picture, or credit card. The election officer confirming the identity shall sign the precinct voter roster and list the method of identification.

HISTORY: 2016 c 62, § 7, eff. 7-15-16; 2002 c 10, § 1, eff. 7-15-02; 1988 c 341, § 9, eff. 7-15-88

117.230 Tax for support of board; business records; fiscal year–Repealed

117.235. Persons permitted in voting room — Prohibited activities — Exit polls permitted — Maintenance of order — Mock elections for school children — Display of political campaign signs on private property.

(1) No person, other than the election officers, challengers, person assisting voters in accordance with KRS 117.255(3), and a minor child in the company of a voter, shall be permitted within the voting room while the vote is being polled, except as follows:

(a) For the purpose of voting;

(b) By authority of the election officers to keep order and enforce the law;

(c) With the express approval of the county board of elections to repair or replace voting equipment that is malfunctioning and to provide additional voting equipment; or

(d) At the voter’s discretion, a minor child in the company of a voter may accompany the voter into a voting booth or other private area provided for casting a vote.

(2) No officer of election shall do any electioneering on election day.

(3)

(a) No person shall electioneer at the polling place on the day of any election, as established in KRS 118.025, within a distance of one hundred (100) feet of any entrance to a building in which a voting machine is located if that entrance is unlocked and is used by voters on election day.

(b) No person shall electioneer within the interior of a building or affix any electioneering materials to the exterior or interior of a building where the county clerk’s office is located, or any building designated by the county board of elections and approved by the State Board of Elections for absentee voting, during the hours absentee voting is being conducted in the building by the county clerk pursuant to KRS 117.085(1)(c).

(c) Electioneering shall include the displaying of signs, the distribution of campaign literature, cards, or handbills, the soliciting of signatures to any petition, or the solicitation of votes for or against any bona fide candidate or ballot question in a manner which expressly advocates the election or defeat of the candidate or expressly advocates the passage or defeat of the ballot question, but shall not include exit polling, bumper stickers affixed to a person’s vehicle while parked within or passing through a distance of one hundred (100) feet of any entrance to a building in which a voting machine is located, private property as provided in subsection (7) of this section, or other exceptions established by the State Board of Elections through the promulgation of administrative regulations.

(4) No voter shall be permitted to converse with others while in any room in which voting, including absentee voting, is conducted concerning their support or nonsupport of any candidate, party, or issue to be voted on, except as provided in KRS 117.255.

(5) Any precinct election officer, county clerk, deputy county clerk, or any law enforcement official may enforce the election laws and maintain law and order at the polls and within one hundred (100) feet of any entrance to the building in which the voting machine is located if that entrance is unlocked and is used by voters. Assistance may be requested of any law enforcement officer.

(6) Notwithstanding the provisions of subsection (1) of this section, the State Board of Elections may establish a program designed to instill in school children a respect for the democratic principles of voting by conducting in any county a mock election for school children in conjunction with any primary, or regular or special election. The State Board of Elections shall promulgate administrative regulations regarding the mock elections to insure that the regular voting process will not be impaired.

(7) Notwithstanding the provisions of subsection (3) of this section, nothing in this section shall prohibit the displaying of political campaign signs on private property or private establishments by a person having a leased or ownership interest in that private property or private establishment within the campaign-free zone, regardless of the distance from the polling place. In the case of a polling location being on private property that is leased or otherwise under contract for the purpose of serving as a polling location, the provisions of subsection (3) of this section shall be applicable to that leased or contracted-for private property.

HISTORY: 2016 c 62, § 4, eff. 7-15-16; 2008 c 79, § 3, eff. 7-15-08; 2006 c 107, § 3, eff. 3-30-06; 2005 c 176, § 1, eff. 3-31-05; 1996 c 195, § 7, eff. 7-15-96; 1996 c 49, § 1, eff. 3-12-96; 1994 c 394, § 16, eff. 7-15-94; 1992 c 296, § 22, eff. 7-14-92; 1990 c 48, § 27; 1988 c 341, § 30; 1986 c 470, § 13, c 287, § 8; 1982 c 394, § 14; 1978 c 224, § 1, c 318, § 4; 1974 c 130, § 37

117.236. Prohibition against recording identity of voters — Exception, state-approved signature roster.

(1) For purposes of this section, “personal telecommunication device” means a device that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor, including but not limited to a paging device or cellular telephone.

(2) No election officer, voter, or other person permitted by law within the voting room, except for challengers appointed under KRS 117.315, shall use paper, telephone, a personal telecommunications device, or a computer or other information technology system for the purpose of creating a checkoff list or otherwise recording the identity of voters within the voting room, except for the official use of the precinct signature roster that is furnished or approved by the State Board of Elections and is otherwise permitted by law.

HISTORY: 2005 c 71, § 1, eff. 6-20-05

117.237. Request for Department of Kentucky State Police to patrol voting precinct during polling hours and investigate reported violations — Reports to prosecutors.

(1) A county board of elections, a clerk, judge/executive, sheriff, fiscal court, the Attorney General, grand jury, or the county chairman of either of the two (2) political parties which polled the largest vote in the preceding general election may request that the Department of Kentucky State Police patrol voting precincts in the county during the hours the polls are open on the day of any primary or regular or special election for the purpose of maintaining order and enforcing the election laws of the state. The Department of Kentucky State Police shall investigate any reported violations of the election laws. Candidates may petition any of the aforementioned officers or bodies to request State Police patrols of county voting precincts.

(2) The Department of Kentucky State Police shall report the results of their investigation to the appropriate Commonwealth’s and county attorneys.

HISTORY: 2007 c 85, § 159, eff. 6-26-07; 1988 c 341, § 31, eff. 7-15-88; 1986 c 287, § 1

117.240 Supplies; purchase of; officers not to be interested in contracts; no future charge to be created–Repealed

117.245. Procedure when voter’s right to vote disputed.

(1) The fact that a person is registered constitutes only prima facie evidence of his right to vote and does not prevent the officers of any election from refusing to allow him to vote for cause.

(2) When the officers of an election disagree as to the qualifications of a voter or if his right to vote is disputed by a challenger, the voter shall sign a written oath as to his qualifications before he is permitted to vote. The oath shall be in such form as prescribed by the State Board of Elections and twenty (20) printed copies shall be included in the election supplies of each precinct.

(3) The subscribed oaths shall be returned to the county clerk who shall deliver them to the Commonwealth’s attorney.

(4) The Commonwealth’s attorney and county attorney shall investigate each of the oaths and cause to be summoned before the grand jury the witnesses they or either of them, deem proper, and the grand jury shall make a thorough investigation of all votes so cast, and return indictments against all persons illegally voting. The foreman of the grand jury shall return to the county clerk all of the oaths upon which no indictments are found. The clerk shall safely keep them as a part of the records of his office, and shall produce any or all of them, when required, to any subsequent grand jury.

HISTORY: 1982 c 394, § 15, eff. 7-15-82; 1976 1st ex s, c 14, § 130; 1974 c 130, § 38

117.250 Offices of board; office hours; registration supplies–Repealed

117.255. Instruction of voters — Assistance and certification of voters requiring assistance — Manner of voting — Report of violations.

(1) The voter shall be instructed by the officers of election, with the aid of the instruction cards and the model, in the use of the machine, if the voter so requests.

(2) Except for those voters who have been certified as requiring assistance on a permanent basis, no voter shall be permitted to receive any assistance in voting at the polls unless he makes and signs an oath that, because of blindness, other physical disability, or an inability to read English, he is unable to vote without assistance. The oath shall be upon a voter assistance form prescribed by the State Board of Elections. Any person assisting a voter shall complete the voter assistance form.

(3) Upon making and filing the oath with the precinct clerk, the voter requiring assistance shall retire to the voting machine or ballot completion area with the precinct judges, and one (1) of the judges shall, in the presence of the other judge and the voter, operate the machine or complete the ballot as the voter directs. A voter requiring assistance in voting may, if he prefers, be assisted by a person of his own choice who is not an election officer, except that the voter’s employer, an agent of the voter’s employer, or an officer or agent of the voter’s union shall not assist a voter.

(4) The precinct election clerk shall swear a person assisting a voter in voting to operate the voting machine or complete the ballot in accordance with the directions of the voter, and the person sworn shall enter the voting booth or ballot completion area and operate the machine or complete the ballot for the voter as the voter directs.

(5) A voter who requires voting assistance on a permanent basis because of blindness or other physical disability may apply to the county board of elections for certification. Application may be made when registering to vote or completing the voter assistance form by indicating that the reason for obtaining assistance is permanent. The county board of elections shall determine whether the applicant requires assistance on a permanent basis. The county board of elections shall notify the county clerk of persons certified as requiring permanent voting assistance and the county clerk shall enter the certification on the voter’s registration record. The State Board of Elections shall indicate on the precinct roster of voters those voters who are certified to receive assistance permanently without signing the voter assistance form at the precinct.

(6) “Voting booth” or “ballot completion area” means an area in which a voter casts his vote or completes his ballot which is designed to insure the secrecy of the vote. No voter shall be assisted under this subsection unless the judges and the sheriff of election are satisfied of the truth of the facts stated in the oath. The voter shall state in his oath the specific reason that requires him to receive assistance.

(7) No voter shall be permitted to occupy the voting machine more than two (2) minutes if other voters are waiting to use it, except that those voters who because of a disability need extra time to cast a ballot shall be given a reasonable amount of time to vote.

(8) In primary elections, before a voter is permitted to use the voting machine, a judge of the election shall adjust the machine so that the voter will only be able to vote for the persons for whom the voter is qualified to vote.

(9) If the machine is so constructed as to require adjustment after one person has voted before another person may vote, the judges of election shall adjust it after each person has voted.

(10) The election officers shall constantly maintain a watch in order to prevent any person from voting more than once.

(11) If supplemental paper ballots have been approved, as provided in KRS 118.215, the voter shall vote his ballot in privacy in a booth provided for that purpose by the county clerk. If the voter spoils his ballot, he shall return the spoiled paper ballot to an election official who shall stamp the ballot “Spoiled,” initial and place the spoiled ballot in an envelope provided for that purpose. The voter shall be issued a second supplemental paper ballot. Upon completion of voting, the voter shall remove the numbered stub from the ballot, hand the stub to an election official and deposit the voted ballot in the locked ballot box in the presence of precinct election officials.

(12) The election sheriff shall be responsible for reporting violations of this section.

HISTORY: 2007 c 133, § 1, eff. 4-5-07; 1998 c 243, § 11, eff. 4-1-98; 1996 c 270, § 1, eff. 7-15-96; 1994 c 394, § 17, c 405, § 15, eff. 7-15-94; 1990 c 48, § 28, eff. 7-13-90; 1988 c 341, § 32; 1986 c 287, § 9, c 470, § 14; 1982 c 360, § 40; 1976 ex s, c 1, § 8; 1974 c 130, § 39

117.260 Method of registration–Repealed

117.265. Write-in votes — Requirements — Persons ineligible to be write-in candidate — Certified lists of qualified candidates.

(1) A voter may, at any regular or special election, cast a write-in vote for any person qualified as provided in subsection (2) or (3) of this section, whose name does not appear upon the ballot label for any office, by writing the name of his or her choice upon the appropriate device for the office being voted on provided on the voting machine as required by KRS 117.125. Any candidate for city, county, urban-county, consolidated local government, charter county government, or unified local government office who is defeated in a partisan or nonpartisan primary shall be ineligible as a candidate for the same office in the regular election. Any voter utilizing an absentee ballot for a regular or special election may write in a vote for any eligible person whose name does not appear upon the ballot, by writing the name of his or her choice under the office.

(2) Write-in votes shall be counted only for candidates for election to office who have filed a declaration of intent to be a write-in candidate with the Secretary of State or county clerk, depending on the office being sought, on or before the fourth Friday in October preceding the date of the regular election and not later than the second Friday before the date of a special election. In the case of a special election administered under KRS 118.730, a declaration of intent to be a write-in candidate shall be filed at least twenty-eight (28) days before the day of the election. The declaration of intent shall be filed no earlier than the first Wednesday after the first Monday in November of the year preceding the year the office will appear on the ballot, and no later than 4 p.m. local time at the place of filing when filed on the last date on which papers may be filed. The declaration of intent shall be on a form prescribed by the Secretary of State.

(3) A person shall not be eligible as a write-in candidate:

(a) For more than one (1) office in a regular or special election; or

(b) If his or her name appears upon the ballot label for any office, except that the candidate may file a notice of withdrawal prior to filing an intent to be a write-in candidate for office when a vacancy in a different office occurs because of:

  1. Death;
  2. Disqualification to hold the office sought;
  3. Severe disabling condition which arose after the nomination; or
  4. The nomination of an unopposed candidate.

(4) Persons who wish to run for President and Vice-President shall file a declaration of intent to be a write-in candidate, along with a list of presidential electors pledged to those candidates, with the Secretary of State on or before the fourth Friday in October preceding the date of the regular election for those offices. The declaration of intent shall be filed no earlier than the first Wednesday after the first Monday in November of the year preceding the year the office will appear on the ballot, and no later than 4 p.m. local time at the place of filing when filed on the last date on which papers may be filed. Write-in votes cast for the candidates whose names appear on the ballot shall apply to the slate of pledged presidential electors, whose names shall not appear on the ballot.

(5) The county clerk shall provide to the precinct election officers certified lists of those persons who have filed declarations of intent as provided in subsections (2) and (3) of this section. Only write-in votes cast for qualified candidates shall be counted.

(6) Two (2) election officers of opposing parties shall upon the request of any voter instruct the voter on how to cast a write-in vote.

HISTORY: 2015 c 70, § 1, eff. 6-24-15; 2012 c 8, § 1, eff. 3-28-12; 2010 c 176, § 7, eff. 7-15-10; 2008 c 79, § 4, eff. 7-15-08; 2005 c 71, § 4, eff. 6-20-05; 2002 c 34, § 1, eff. 7-15-02; 1998 c 243, § 12, eff. 4-1-98; 1992 c 288, § 57, c 454, § 1, eff. 7-14-92; 1990 c 366, § 2, c 48, § 29; 1986 c 287, § 10; 1982 c 394, § 16; 1976 c 247, § 6; 1974 c 130, § 40

117.270 Copies of registration records; preservation and disposition; loss or destruction–Repealed

117.275. Counting and certification of votes — Return of keys and machines — Return of ballot box, ballot stubs, spoiled, and unvoted ballots — Authorized representatives and news media representatives to witness vote count.

(1) At the count of the votes in any precinct, any candidate or slate of candidates and any representatives to witness and check the count of the votes therein, who are authorized to be appointed as is provided in subsection (9) of this section, shall be admitted and be permitted to be present and witness the count.

(2) As soon as the polls are closed, and the last voter has voted, the judges shall immediately lock and seal the voting equipment so that the voting and counting mechanism will be prevented from operation, and they shall sign a certificate stating:

(a) That the voting equipment has been locked against voting and sealed;

(b) The number of voters, as shown on the public counters;

(c) The number registered on the protective or accumulative counter or device, if any; and

(d) The number or other designation of the voting equipment, which certificate shall be returned by the judges of election to the officials authorized by law to receive it. The judges shall compare the number of voters, as shown by the counter of the voting equipment, with the number of those who have voted as shown by the protective or accumulative counter or device, if any.

(3) Where voting equipment is used which does not print the candidates’ names along with the total votes received on a general return sheet or record for that equipment, the procedure to be followed shall be as follows:

(a) The judges, in the presence of the representatives mentioned in subsection (1) of this section, if any, and of all other persons who may be lawfully within the polling place, shall give full view of all the counter numbers;

(b) The judges shall enter, in ink, the total votes cast for each candidate, and slate of candidates, and for and against each question on the return sheets; and

(c) Each precinct election officer shall sign the return sheets, and a copy of the return sheets shall be posted on the precinct door.

(4) Where voting equipment is used that prints the candidates’ names along with the total votes received on a return sheet or record for that equipment, the precinct election officers shall sign the return sheets or record for the voting equipment, which shall be posted on the door of the precinct.

(5) If any officer shall decline to sign the return sheets, he or she shall state the reason in writing, and a copy thereof, signed by the officer, shall be enclosed with the return sheets.

(6) Each of the return sheets, if applicable, and the record of the voting equipment shall be enclosed in an envelope. One (1) copy of the return sheets, if applicable, one (1) copy of the record of the voting equipment, and the write-in roll, if any write-in votes were cast in the precinct, shall be directed to the county board of elections of the county in which the election is being held. One (1) copy of the return sheets or record of the voting equipment shall be given to the county clerk of the county in which the election is being held and to each of the local governing bodies of the two (2) dominant political parties, but a local governing body of a dominant political party may decline a copy of the precinct election return by filing a written declination with the county board of elections prior to the election, and upon this declination, a printed copy shall not be issued to the political party so declining. The declination on file shall be effective for that election and any subsequent elections until revoked by the local governing body of a dominant political party by filing a written revocation with the county board of elections. The envelope shall have endorsed thereon a certificate of the election officers, stating the number of the machine, the precinct where it has been used, the number on the seal, and the number on the protective or accumulative counter or device at the close of the polls.

(7) Following the tabulation of all votes cast in the election, including absentee votes and write-in votes, the county board shall mail a copy of the precinct-by-precinct summary of the tabulation sheets showing the results from each precinct to the State Board of Elections and the county clerk shall mail or deliver the precinct signature rosters from each precinct to the State Board of Elections during the period established by KRS 117.355(3).

(8) As soon as possible after the completion of the count, the two (2) judges shall return to the county board of elections the keys to the voting machine received and receipted for by them, and the county clerk in which the precinct is located shall have the voting machine properly boxed or securely covered and removed to a proper and secure place of storage.

(9) In primaries, each candidate, slate of candidates, or group of candidates may designate to the county board of elections a representative to witness and check the vote count. In regular elections, the governing authority of each political party, each candidate for member of board of education, nonpartisan candidate, independent candidate, or independent ticket may designate a representative to the county board of elections to witness and check the vote count. The county board of elections shall authorize representatives of the news media to witness the vote count.

(10) If supplemental paper ballots have been approved, as provided in KRS 118.215, after the polls are closed, the two (2) judges shall return to the county clerk’s office the locked ballot box, all ballot stubs, spoiled ballots, and unvoted ballots at the same time as the tabulation of votes from the voting machine is delivered. The county clerk shall issue a receipt for the number of ballot stubs, unvoted ballots, spoiled ballots and the ballot box.

(11) The county board of elections, or its designee, shall count and tally the paper ballots manually or with the use of tabulating equipment which does not involve an additional voting system. The results of the vote tally shall be certified by the county board of elections to the county clerk and to the Secretary of State.

(12) The county board of elections shall authorize the candidates, slates of candidates, or their representatives, and representatives of the news media to be present during the counting of the paper ballots.

(13) Except as otherwise required in this chapter that certain records and papers relating to specified elections be retained for twenty-two (22) months, the county clerk shall retain the voted paper ballots for twenty-two (22) months and the unvoted paper ballots for sixty (60) days after each election day, after which time they shall be destroyed in a manner to render them unreadable by the county board of elections if no contest or recount action has been filed.

HISTORY: 2010 c 176, § 8, eff. 7-15-10; 2008 c 79, § 5, c 129, § 4, eff. 7-15-08; 2000 c 122, § 1, eff. 7-14-00; 1992 c 288, § 36, eff. 7-14-92; 1990 c 48, § 30; 1986 c 470, § 15; 1980 c 14, § 1; 1978 c 384, § 249; 1976 ex s, c 1, § 9; 1976 c 130, § 1; 1974 c 130, § 41

117.280 Transfer of registration on change of precinct boundaries–Repealed

117.285. Form of return sheets and statement — Delivery. [Repealed.]

117.290 New registration required when name changed; transfer of registration on change of residence; utility companies to report changes of address of customers–Repealed

117.295. Period machines to remain locked — Custody of keys.

(1) For a period of ten (10) days following any primary election, and for a period of thirty (30) days following any general or special election, the voting machine shall remain locked against voting and the ballot boxes containing all paper ballots shall remain locked, except that the voting machines and the ballot boxes may be opened and all the data and figures therein examined, upon the order of any court of competent jurisdiction, or judge thereof, or by direction of any legislative committee authorized and empowered to investigate and report upon contested elections, and all the data and figures shall be examined by the court, judge, or committee in the presence of the officer having the custody of the machine and ballot boxes. In the event of a contest of election, the court in which the contest is pending or the committee before which the contest is being heard may, upon motion of any party to the contest, issue an order requiring that the voting machines and ballot boxes shall remain continuously locked for further time as may be reasonable or necessary, with due regard for the preparation of the machines for a succeeding primary, regular, or special election, but in no event shall the order compel that the machines remain locked to a time within thirty (30) days next preceding any approaching primary, regular, or special election.

(2) During the period when the machine and the ballot boxes are required to be kept locked, the keys thereto shall remain in the possession of the county board of elections. After that period, it shall be the duty of the county board of elections to return the keys to the custody of the county clerk.

HISTORY: 2010 c 176, § 9, eff. 7-15-10; 2008 c 129, § 5, eff. 7-15-08; 1992 c 288, § 37, eff. 7-14-92; 1974 c 130, § 43

117.300 Precinct registers to be delivered to election clerks–Repealed

117.305. Recanvass of votes — Test of machines — Candidates and representatives of political parties and news media to observe recanvass — Forms for reporting recanvassed vote — Administrative regulations for recanvass procedures.

(1) The canvass and returns provided for in KRS 117.275 shall constitute the official returns of the precinct, unless before 4 p.m. on the Tuesday following a primary or regular election, or before 4 p.m. on the day following a special election held for the purpose of filling a vacancy, the county clerk or county board of elections takes notice of a discrepancy in the tally of votes cast in any precinct or number of precincts, or a candidate makes a written request to the county board of elections in the case of a candidate who has filed with the county clerk, or the Secretary of State in the case of a candidate who has filed with the Secretary of State, to check and recanvass the voting machines and absentee ballots of any precinct or any number of precincts involving his race. After this time period has elapsed and notice is taken, the county election board shall assemble at 9 a.m. on the Thursday following the filing deadline to request a recanvass, and not sooner, and recheck and recanvass each machine and make a proper return thereof to the county clerk, and the canvass and return shall become the official returns for the election. In making the recanvass, the board shall make a record of the number of the seal upon the voting machine and, without unlocking the machine against voting, recanvass the vote cast thereon. If, after a recanvass, it is found that the original canvass of the returns has been correctly made from the machine, and that there still remains a discrepancy unaccounted for, this discrepancy shall be noted. If, upon recanvass, it appears that the original canvass of the returns by the election officers was incorrect, the returns and all papers being prepared by the board shall be corrected accordingly. The county board of elections shall, immediately upon receipt of a request for a recanvass, notify each candidate for the office of the time and place of the recanvass. At the recanvass, each political party represented on the board may appoint a representative there to be its governing body, and also each candidate to be voted for may be present, either in person or by a representative or both. The county board of elections shall authorize representatives of the news media to observe the recanvass of the votes cast on the voting machine in each precinct. Nothing in this section shall prohibit an individual from requesting, in addition to a recanvass, a recount as authorized by KRS Chapter 120.

(2) The State Board of Elections shall prescribe forms to be used by county boards of election to report all recanvassed votes. The form shall include the following information:

(a) The name of the county in which the recanvass was conducted;

(b) The date of the report;

(c) The date of the election;

(d) The office for which the recanvass was conducted;

(e) The names of each candidate for the office being recanvassed; and

(f) The machine votes, absentee votes, and vote totals for each candidate, as well as write-in votes cast in a regular or special election for candidates whose names did not appear on the ballot.

The report shall be signed by each member of the county board of elections.

(3) The county board of elections shall file its recanvass report as prescribed in administrative regulations promulgated by the State Board of Elections in conformity with KRS Chapter 13A.

(4) The State Board of Elections shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish the proper procedures for conducting a recanvass for each type of voting system approved by the State Board of Elections and in use in Kentucky.

HISTORY: 2000 c 494, § 1, eff. 7-14-00; 1992 c 421, § 1, c 296, § 5, eff. 7-14-92; 1990 c 48, § 51; 1986 c 470, § 16; 1982 c 394, § 17, c 268, § 1; 1978 c 384, § 250; 1976 c 130, § 2; 1974 c 130, § 44

117.310 Comparative signature books; comparison of voter’s signature with registration record; voting record–Repealed

Miscellaneous Provisions

117.315. Appointment of challengers and inspectors.

(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. If more than two (2) such lists are furnished, the committee or governing authority, in making appointments of challengers, shall alternate between the several lists so furnished so as to give to each list an equal amount or proportion of the appointments, but in no event shall there be appointed more than one (1) challenger for any precinct from any one (1) list. The list of challengers shall be presented to the chair or secretary of the party committee of the county on or before the third Friday in April preceding the primary, and the committee or the chairman thereof shall make the appointments, certify to same, and present a list of certified challengers to the county clerk at least twenty (20) days before the date on which the primary is held. The appointment of challengers shall be certified in all respects as challengers at regular elections, except as otherwise provided in this section. The challengers shall be registered voters of the county in which the primary is held and shall be subject to the same penalties and possess the same rights and privileges as challengers at regular elections, except that the challengers of one political party shall not be entitled to challenge persons who offer to vote for candidates of any other party in the primary. The provisions of this section shall be enforceable against the chair of the political party committees by a mandatory summary proceeding instituted in the Circuit Court. The order of the court may be reviewed by the Court of Appeals as provided for the granting or dissolving of temporary injunctions.

(2) Any school board candidate, any independent ticket or candidate for city office, any nonpartisan city candidate, or candidate for an office of the Court of Justice at the primary or regular election may designate not more than one (1) challenger to be present at and witness the holding of primaries or elections in each precinct in the county. A candidate who designates a challenger shall present the county clerk with the name of the challenger at least twenty (20) days preceding the primary or regular election. The challenger shall be entitled to stay in the room or at the door. The challenger shall be a registered voter of the county in which the primary or election is held, shall be appointed in writing by the chair of the committee, independent candidate, or candidates representing a ticket, and shall produce written appointment on demand of any election officer.

(3) The county executive committee of any political party having a ticket to elect at any regular or special election may designate not more than two (2) challengers to be present at and witness the holding of the election in each precinct in the county. The challengers shall be entitled to stay in the room or at the door. The challengers shall be registered voters of the county in which the election is held, shall be appointed in writing signed by the chair of the committee, and shall produce written appointments on demand of any election officer. The committee or chair shall present the county clerk with a list of designated challengers at least twenty (20) days preceding a regular election and at least fifteen (15) days preceding a special election.

(4) Except as provided in KRS Chapter 242, not later than the fourth Tuesday preceding an election at which constitutional amendments or other public questions are to be submitted to the vote of the people, any committee that in good faith advocates or opposes an amendment or public question may file a petition with the clerk of the county asking that the petitioners be recognized as the committee entitled to nominate challengers to serve at the election at which the constitutional amendment or public question is to be voted on. If more than one (1) committee alleging itself to advocate or oppose the same amendment file such a petition, the county board of elections shall decide, and announce by certified mail, return receipt requested, to each committee not less than the third Tuesday preceding the election, which committee is entitled to nominate the challengers. The decision shall not be final, but any aggrieved party may institute proceedings with the county judge/executive and, upon hearing, the county judge/executive shall determine which of the committees shall be recognized as the one to select challengers at the election.

(5) The committee shall file the names of the persons nominated by it with the clerk of the county at least twenty (20) days before the primary and regular elections and not less that fifteen (15) days preceding the date of a special election. The county board of elections shall, not later than the Thursday preceding the election, certify the nominees of the committee for the respective precincts to serve as challengers at the election where any constitutional amendment or public question is to be voted upon. If more than one (1) amendment or question is to be voted upon, the county board of elections may designate, on the petition of the committee, one (1) person for each amendment and question to serve as challenger at the election.

(6) The challengers shall perform their duties in the same manner and be subject to the same privileges as other challengers at an election.

HISTORY: 2010 c 176, § 10, eff. 7-15-10; 2008 c 79, § 6, eff. 7-15-08; 1996 c 195, § 8, eff. 7-15-96; 1992 c 288, § 49, c 296, § 6, eff. 7-14-92; 1990 c 476, § 302

117.316. Duties of challenger.

The duties of a challenger appointed and certified as provided in KRS 117.315 shall include:

(1) The challenge of the eligibility of a voter who presents himself at the precinct to vote, but who the challenger has reason to believe:

(a) Is not a duly registered voter in the precinct;

(b) Is not a resident of the precinct;

(c) Is a convicted felon who has not had his civil rights restored; or

(d) Is not the person he claims to be.

(2) If the challenger attempts to challenge a person’s right to vote, he shall express his challenge to the precinct election officer; he shall sign the oath of voter executed by the voter if the voter’s name appears on the precinct roster and state the reason for his challenge as required by KRS 117.245(2).

HISTORY: 1992 c 288, § 51, eff. 7-14-92

117.317. Acts prohibited to challengers.

A challenger appointed and certified as provided in KRS 117.315 shall not:

(1) Electioneer or campaign on behalf of any candidate, issue, or political party;

(2) Handle official election materials except as provided in KRS 117.187;

(3) Attempt to intimidate or harass, verbally or otherwise, any voter who is being challenged or any precinct election officer;

(4) Behave in any manner to disrupt activities at the polling place; or

(5) Attempt to interfere with the proper conduct of the election.

HISTORY: 1992 c 288, § 52, eff. 7-14-92

117.318. Ordering of challengers from polling places.

(1) It shall be the duty of a precinct election officer to warn a challenger who violates any provision of KRS 117.187 and 117.316 to 117.318. If the challenger continues to violate these provisions, the precinct election officer shall order the challenger out of the polling place. Any challenger ordered from the polling place shall be prohibited from acting as a challenger in any precinct in any election for a period of five (5) years.

(2) The provisions of KRS 117.187 and 117.316 to 117.318 shall apply to all challengers in all elections conducted in the Commonwealth.

HISTORY: 1992 c 288, § 53, eff. 7-14-92

117.320 Right to inspect and obtain copies of registration records–Repealed

117.325. Marking of absent voter’s ballot — Deposit of returned ballots — Record. [Repealed and reenacted as KRS 117.086, effective July 15, 1980]

117.330 Definition of “voter”–Repealed

117.335. Counting procedure for absent voters’ ballots — Challenge — Disposal of ballots — News media representatives to observe. [Repealed and reenacted as KRS

117.087, effective July 15, 1980.]

117.340 State Board of Registration and Purgation; membership; oath; bond–Repealed

117.343. Reimbursement of county clerk by state board for certain election related expenses — Submission of claims.

The county clerk may request reimbursement from the State Board of Elections, for the cost of employing office personnel necessary for the conduct of elections, including the registration and purgation of voters in the county. Such reimbursement shall not exceed fifty cents ($0.50) per registered voter in the county per year. Claims for reimbursement shall be submitted to the state board by July 31 of each year for employment costs for the preceding fiscal year. Claims shall be on forms provided by the State Board of Elections and shall show in detail the employee time and costs. If the State Board of Elections determines that the claims are valid and reasonable, the state board shall submit the claims to the Treasury for payment and they shall be paid within thirty (30) working days. The state board may issue administrative regulations prescribing the method and forms for documenting and submitting the claims.

HISTORY: 1988 c 341, § 10, eff. 7-15-88

117.345. Cost of elections — Payment.

(1) The cost of all elections held in any county shall be allowed by the fiscal court and paid by the county treasurer, except as otherwise provided by law.

(2) When the cost of any election has been allowed by the fiscal court and paid by the county treasurer, and within sixty (60) days following the date of the election, the county treasurer shall certify a statement of the number of precincts in the county, the date, and kind of election to the State Board of Elections, including an election that was delayed or postponed in accordance with KRS 39A.100. The certification shall be filed within ninety (90) days after the election. Upon receipt of the certification and upon being satisfied as to the correctness thereof, the State Board of Elections shall issue its warrant upon the State Treasurer in favor of the county treasurer for the amount of two hundred fifty-five dollars ($255) for each precinct in the county.

(3) Payments to any county under the provisions of subsection (2) of this section shall be terminated if and whenever it fails to renew a lease, contract, or lease and option with the State Property and Buildings Commission executed in connection with the acquisition of voting machines by the commission for the use of the county; and payments to any county shall be terminated whenever the county fails to pay any part of the rentals required for any effective period of the lease or if a county board of elections fails to provide training to precinct election officers required by KRS 117.187(2).

HISTORY: 2006 c 7, § 3, eff. 3-8-06; 2005 c 71, § 5, eff. 6-20-05; 1996 c 195, § 9, eff. 7-15-96; 1994 c 394, § 18, eff. 7-15-94; 1988 c 341, § 33, eff. 7-15-88; 1986 c 470, § 18; 1980 c 235, § 18; 1978 c 318, § 5; 1974 c 130, § 48, c 31, § 2

117.350 General duties of state board–Repealed

117.355. Election reports to be made by the precinct election sheriff and county board of elections — Contents.

(1) Within three (3) days after any primary or general election, the precinct election sheriff shall file a report with the chairman of the county board of elections and with the local grand jury. The report shall include any irregularities observed and any recommendations for improving the election process.

(2) Within ten (10) days after any primary or general election, the county board of elections shall file a report with the State Board of Elections and the local grand jury. The report shall include any irregularities of which the county board has knowledge and any recommendations for improving the election process. The report shall also include a breakdown by precinct of the number of voters requiring assistance to vote and the reasons therefor; the number of special ballots cast by category; and any other information required by the state board.

(3) Within thirty (30) days after any primary or general election, the county board of elections shall transmit the information required by KRS 117.275(4) to (7).

(4) The State Board of Elections shall issue administrative regulations to prescribe the forms required by this section.

HISTORY: 2010 c 176, § 11, eff. 7-15-10; 2002 c 129, § 2, eff. 7-15-02; 1988 c 341, § 11, eff. 7-15-88

117.360 Compensation of members of state board; supplies–Repealed

117.365. Presentation of voter assistance forms and absentee ballot applications by county clerk to grand jury — Certified photocopies.

Upon the first day a grand jury convenes after a primary, general election, or special election, the county clerk shall present to the grand jury all voter assistance forms and all applications for absentee ballots which shall have been completed in the immediately preceding primary, general election, or special election. The county clerk may photocopy applications for absentee ballots and voter assistance forms, certify them as true copies of the originals, and present the grand jury with those certified copies instead of the originals. The county clerk shall retain all applications for absentee ballots and one (1) copy of each voter assistance form as part of the records of the office and shall produce certified copies of any or all of them, when required, to any subsequent grand jury.

HISTORY: 1996 c 195, § 10, eff. 7-15-96; 1992 c 65, § 3, eff. 3-19-92; 1990 c 48, § 31; 1988 c 341, § 13

117.370 Clerk of state board; filing and disposing of complaints–Repealed

Electronic Voting System

117.375. Definitions.

As used in this chapter, unless the context otherwise requires:

(1) “Electronic or electromechanical voting system” means a system of casting votes by use of marking devices and tabulating ballots employing automatic tabulating equipment or data processing equipment.

(2) “Automatic tabulating equipment” means apparatus necessary to automatically examine and count votes as designated on ballots and data processing machines which can be used for counting ballots and tabulating results.

(3) “Voting device” means either an apparatus in which paper ballots or ballot cards are used in connection with an implement by which a voter registers his votes with ink or other substance or by punching, or an apparatus by which such votes are registered electronically, so that in either case the votes so registered may be computed and tabulated by means of automatic tabulating equipment.

(4) “Ballot card” means a tabulating card on which votes may be recorded by a voter by use of a voting punch device or by marking with a pen or special marking device.

(5) “Ballot label” means the cards, papers, booklet, pages or other material on which appear the names of candidates and the questions to be voted on by means of ballot cards or voting machines.

(6) “Ballot” or “official ballot” means the voting machine ballot label, ballot cards, paper ballots, an absentee ballot, or a supplemental paper ballot which has been authorized for the use of voters in any primary, general or special election by the Secretary of State or the county clerk.

(7) “Voting punch device” means an apparatus in which ballots or ballot cards are inserted for the piercing of ballots by the voter. The hole may be in the form of a round dot, rectangle, square, or any other shape that will clearly indicate the intent of the voter.

(8) “Vote marking device” means any approved device for marking a paper ballot with ink or other substance which will enable the ballot to be tabulated by means of automatic tabulating equipment.

(9) “Secrecy envelope” means the envelope handed to the voter with his ballot into which the voter shall place his voted ballot cards.

(10) “Precinct ballot counter” means an automatic tabulating device used at the precinct to tabulate and process ballots.

(11) “Voting machine” or “machine” shall include lever machines and, as far as applicable, any electronic or electromechanical unit and supplies utilized or relied upon by a voter in casting and recording his votes in an election.

HISTORY: 1990 c 48, § 32, eff. 7-13-90; 1982 c 360, § 1

117.377. Acquisition or abandonment of voting system subject to approval of State Board of Elections — Petition in emergency situation.

(1) The fiscal court of any county, or any urban-county government, may acquire by purchase or lease or lease-purchase agreement or abandon any voting system covered by this chapter, if the equipment has been approved by the State Board of Elections. The fiscal court shall notify the State Board of Elections that a new voting system is being installed in the county.

(2) The county clerk of any county may petition the State Board of Elections to allow a new voting system in the county if an emergency exists. The petition must state the reasons why the present equipment is inadequate. Within sixty (60) days of the receipt of the petition the State Board of Elections shall notify the county clerk whether the permission to obtain a new voting system is granted or denied. The letter of approval shall be presented to the fiscal court for its approval before any new voting system is acquired.

HISTORY: 1990 c 48, § 33, eff. 7-13-90; 1982 c 360, § 2

117.379. Examination of electronic voting system by State Board of Elections.

(1) Any person or corporation owning, manufacturing or selling any electronic voting system, may request the State Board of Elections to examine the system. Before requesting an examination or reexamination, any person, persons, or corporation shall pay to the State Treasurer an examination fee of five hundred dollars ($500) and submit a test report from an independent testing authority approved by the State Board of Elections. The report shall demonstrate that the system meets all Federal Election Commission voting system standards. The State Board of Elections may, at any time, reexamine any system already approved. The State Board of Elections shall approve or disapprove any voting system within sixty (60) days after the date of its initial submission.

(2) Upon receipt of a request for examination or reexamination of an electronic voting system, the State Board of Elections shall require that such system be examined or reexamined by three (3) examiners. The State Board of Elections shall appoint one (1) examiner who is an expert in computer science or electronic voting systems, one (1) person who is knowledgeable in election procedures and law in Kentucky, and one (1) person who is a present or former county clerk. The three (3) examiners shall submit one (1) written report on each system examined or reexamined to the State Board of Elections. The members of the State Board of Elections shall also examine or reexamine the system. A system shall be approved if the examiners’ report states that the system meets all the requirements of KRS 117.381 and the State Board of Elections finds that the system meets all of the requirements of KRS 117.381. The report and a letter of approval shall be filed in the office of the State Board of Elections.

(3) Any electronic voting system not approved by the State Board of Elections shall not be used at any election.

(4) When an electronic voting system has been approved any improvement or changes in the system shall render necessary the examination or approval of such system or improvement.

(5) Neither the members of the State Board of Elections, nor any examiner appointed by the State Board of Elections, nor any member of a county board of elections shall have any pecuniary interest in any electronic voting system.

(6) Each examiner appointed by the State Board of Elections shall receive fair compensation to be established by the State Board of Elections.

HISTORY: 1996 c 195, § 11, eff. 7-15-96; 1982 c 360, § 3, eff. 7-15-82

117.380 Suits against state board; appeals from its decisions–Repealed

117.381. Requirements for approval.

No electronic voting system shall, upon any examination or reexamination, be approved by the State Board of Elections unless it shall be established that such system, at the time of examination or reexamination:

(1) Provides for voting in secrecy;

(2) Permits each voter to vote at any election for all candidates and questions for which he is lawfully entitled to vote, and no others;

(3) Permits each voter, at the general election to vote a straight political party ticket by one (1) or more marks or acts;

(4) Provides a method for write-in voting;

(5) Provides for a nonpartisan ballot;

(6) If it is of a type that registers the vote electronically, the voting system shall preclude each voter from voting for more persons for any office than he is entitled to vote for or upon any question more than once;

(7) Permits each voter at a primary election to vote only for the candidates seeking nomination by a political party in which such voter is registered, and for any candidate for nonpartisan nomination, and for any question upon which he is entitled to vote;

(8) If it is of a type that registers the vote electronically, the voting system shall permit each voter to change his vote for any candidate or upon any question appearing on the official ballot up to the time that he takes the final step to register his vote and to have his vote computed. If it is of a type that uses paper ballots or ballot cards to register the vote and automatic tabulating equipment to compute such votes, the system shall provide that a voter who spoils his ballot may obtain another ballot;

(9) Is suitably designed for the purpose used, is constructed of a durable material, and is safely transportable;

(10) Is so constructed that a voter may readily learn the method of operating it; and

(11) Meets or exceeds the standards for electronic voting equipment established by the Federal Election Commission; and

(12) Provides for tabulating votes at the precinct in accordance with the requirements of KRS 117.275.

HISTORY: 1996 c 195, § 12, eff. 7-15-96; 1992 c 421, § 2, eff. 7-14-92; 1982 c 360, § 4

117.383. Rules and regulations.

The State Board of Elections shall prescribe rules and regulations which shall include but not be limited to the following:

(1) Achieve and maintain the maximum degree of correctness, impartiality, and efficiency of the procedures of voting;

(2) Count, tabulate, and record votes;

(3) Establish a method for placing items on the electronic voting device, which shall, as closely as possible, follow the requirements pertaining to ballot labels;

(4) Design the ballot cards, including a numerical system to insure an accurate record of all voting activities;

(5) Instruct voters in the use of the voting device;

(6) Provide for checking the accuracy of the equipment;

(7) Provide necessary supplies, including those necessary for a write-in vote and secrecy envelopes for punch cards or data processing cards to insure voter privacy;

(8) As part of the official canvass, provide for a manual recount of randomly selected precincts representing three percent (3%) to five percent (5%) of the total ballots cast in each election;

(9) Provide a method for maintaining sufficient documents and records so that votes can be recounted. Such documents and records shall include any material other than a ballot card which is imprinted with the names of candidates and issues voted upon. Records shall be maintained in such a manner that a specific piece of printed material listing issues and candidates can be matched with the specific ballot cards which were marked in reliance upon such printed material. Except as otherwise required in this chapter that certain records and papers relating to specified elections be retained for twenty-two (22) months, such documents and records shall be maintained for thirty (30) days following an election.

HISTORY: 1986 c 470, § 19, eff. 7-15-86; 1984 c 44, § 5; 1982 c 360, § 5

117.385. Spoiled or defaced ballot card — Disposition of ballot card after voting.

(1) A voter who spoils or defaces a ballot card or marks it erroneously shall return the card to the election officials. The election officials shall deliver to the voter another ballot card, but no voter may receive more than three (3) ballot cards including the one originally delivered to the voter. Upon return of a defective ballot card, an election official shall cancel it by writing in ink on the back the word “spoiled.” The canceled ballot card shall be placed with spoiled ballots to be returned with the election returns.

(2) After marking the ballot card, the voter shall place it inside the secrecy envelope and return it to an election official, who shall deposit the ballot in the ballot box. When precinct ballot counters are used the voter may either insert his ballot contained in the secrecy envelope provided and deposit the emptied ballot container envelope with the election official presiding over the ballot counter or deposit the ballot in the ballot box for processing by precinct election officials after the polls close.

HISTORY: 1982 c 360, § 6, eff. 7-15-82

117.387. Absentee voting by electronic system.

(1) In any county in which the fiscal court has adopted voting by means of an electronic voting system, the county board of elections may elect to also conduct absentee voting by the use of such a system.

(2) When a ballot card is used for voting by mail it shall be accompanied by a stylus, voter instructions, and a specimen ballot showing the proper positions to vote on the ballot card for each candidate or question. The card shall be mounted on material suitable to receive the punched out chip.

HISTORY: 1982 c 360, § 7, eff. 7-15-82

117.389. Testing of automatic tabulating equipment prior to election.

On any day not more than thirty (30) nor less than five (5) days prior to the election day, the county clerk shall have the automatic tabulating equipment tested in the manner prescribed by the State Board of Elections.

HISTORY: 1992 c 421, § 3, eff. 7-14-92; 1982 c 360, § 8

117.390 County boards of registration and purgation; appointment; qualifications; removal–Repealed

117.391. Application.

The provisions of all laws relating to elections not inconsistent with Acts 1982, Ch. 360 apply to elections in all counties in which electronic or electromechanical tabulation of ballots are used.

HISTORY: 1982 c 360, § 9, eff. 7-15-82

117.393. Biennial report on status of voting equipment and systems.

Beginning January 1, 1984, the State Board of Elections shall submit a biennial report to the Legislature concerning the status of various voting equipment and voting systems that are in use or are approved for use in this state. This report shall also contain any recommendations by the Secretary of State as to election law modifications relating to the acquisition and use of voting equipment and voting systems.

HISTORY: 1982 c 360, § 10, eff. 7-15-82

117.400 Certificate of appointment and bond of county board members; officers–Repealed

117.405. Definitions–Repealed

117.410. General duties of county boards–Repealed

117.415. Powers and duties of commission as to voting machines–Repealed

117.420. Compensation of county boards; time and place of meetings–Repealed

117.425. Financing of voting machine projects–Repealed

117.430. Employees, supplies, purgation and process officers; payment–Repealed

117.435. Procedure for acquiring machines–Repealed

117.440. Direct purgation by county boards, in counties and in cities of first class–Repealed

117.445. Negotiable and tax-free character of bonds; source of payment–Repealed

117.450. Purgation by county clerk outside cities of first class, on grounds of death, disqualification or failure to vote–Repealed

117.455. Ways in which money received may be used–Repealed

117.460. Appointment of purgation officers for primary election outside cities of first class–Repealed

117.465. Sinking fund reserve–Repealed

117.470. Appointment of purgation officers for regular election outside cities of first class–Repealed

117.475. Separate bond issue; procedure for two or more counties–Repealed

117.480. Procedure for purgation by purgation officers; notice and hearing–Repealed

117.485. Action after termination of lease–Repealed

117.490. Action after termination of lease–Repealed

117.495. One or more separate bond issues for same county–Repealed

117.500. Purgation outside cities of first class by application to county court–Repealed

117.505. Bondholder’s right to proceed–Repealed

117.510. Purgation by board of registration commissioners in cities of first class on grounds of death, disqualification, marriage or failure to vote–Repealed

117.515. Refunding bonds–Repealed

117.520. Purgation for primary election in cities of first class by house to house canvass–Repealed

117.525. Additional and alternate character of provisions as to acquisition of voting machines–Repealed

117.530. Purgation for regular election in cities of first class by house to house canvass–Repealed

117.540. Purgation for primary or regular election in cities of first class on application of citizen or party committee–Repealed

Currentness

117.541. Precinct purgation and registration supplies, outside cities of first class–Repealed

117.542. Purgation recommendation by precinct judges at primary election, outside cities of first class–Repealed

117.543. Assistants to precinct judges, in purgation and registration–Repealed

117.544. Purgation by county board, outside cities of first class; notice and hearing–Repealed

117.545. Appeal from purgation under KRS 117.544–Repealed

117.550. No purging to be done later than eight days before election–Repealed

117.560. Appeals from decisions of purgation officers or boards–Repealed

117.570. Suspended lists–Repealed

117.580. Record of canceled registrations–Repealed

117.590. Fees of county clerk in connection with purgation–Repealed

117.600. Definitions–Repealed.

117.605. Qualification of voters in regular and special elections; registration required–Repealed

117.610. Residence requirement; how determined–Repealed

117.615. Persons permitted to register–Repealed.

117.620. Time and place of registration; when books to be closed; changing party affiliation without appearing in person–Repealed

117.625. Registrant to appear in person; challenge–Repealed

117.630. Forms for registration–Repealed

117.635. Forms to be made out and signed; preservation; lists of voters–Repealed

117.640. Replacement of lost or destroyed forms; re-registration–Repealed

117.645. Transferring registration–Repealed

117.650. Register and list of voters to be delivered to election clerk–Repealed

117.655. Application of KRS 117.745 to counties; clerk to mark registration record; officers may refuse to issue ballot–Repealed

117.660. Right to inspect and obtain copies of registration books–Repealed

117.665 Fees allowed county clerk–Repealed

117.670. Powers and liabilities of deputy county clerk–Repealed

117.675. Board of registration commissioners; powers; qualifications; compensation–Repealed

117.680. Appointment of board members; term–Repealed

117.685. Removals; vacancies; incompatible offices–Repealed

117.690. Bond of board members–Repealed

117.695. Registrar and assistant, appointment, duties, salary; employees–Repealed

117.700. Oath may be administered by board and employees–Repealed

117.705. Appropriations for support of board; business records; fiscal year–Repealed

117.710. Supplies; purchase of; officers not to be interested in contracts; no future charge to be created–Repealed

117.715. Offices of board; office hours; registration supplies–Repealed

117.720. Method of registration–Repealed

117.725. Copies of registration records; preservation and disposition; loss or destruction–Repealed

117.730. Transfer of registration on change of precinct boundaries–Repealed

117.735. New registration required when name changed; transfer of registration on change of residence; utility companies to report change of address of customers–Repealed

117.740. Precinct registers to be delivered to election clerks–Repealed

117.745. Comparative signature books; comparison of voter’s signature with registration record; voting record–Repealed

117.750. Right to inspect and obtain copies of registration records–Repealed

117.755. State Board of Elections; membership, oath–Repealed

117.760. General duties of state board–Repealed

117.761. Printing of forms by state board–Repealed

Currentness

117.765. Compensation of members of state board; supplies–Repealed

117.770. Clerk of state board; filing and disposing of complaints–Repealed

117.775. Suits against state board; appeals from its decisions–Repealed

117.780. County boards of registration and purgation; appointment; qualifications; removals; vacancies; proceeding to compel appointment of county board–Repealed

117.785. Certificate of appointment of county board members; officers–Repealed

117.790. General duties of county boards–Repealed

117.795. Compensation of county boards; time and place of meetings–Repealed

117.800. Sessions of boards on election days; appeals on election day–Repealed

117.803. Report of number of voters and precincts by board to secretary of state; compensation; county clerk’s duties–Repealed

117.805. Employees, supplies, payment–Repealed

117.810. Purgation by county boards–Repealed

117.812. Notice to voters before primary for state-wide officers of necessity of transferring registration record upon moving to another precinct–Repealed

117.815. Purgation by board of registration commissioners in cities of first class on grounds of death, disqualification, marriage or failure to vote–Repealed

117.820. Purgation for primary election in cities of first class by house-to-house canvass–Repealed

117.825. Purgation for regular election in cities of the first class by house-to-house canvass–Repealed

117.830. Purgation for primary or regular election in cities of the first class on application of citizen or party committee–Repealed

117.835. Precinct purgation outside cities of first class–Repealed

117.840. Purgation recommendation by precinct judges at primary election, outside cities of first class–Repealed

117.845. Assistants to precinct judges in purgation–Repealed

117.850. Purgation by county board, outside cities of first class; notice and hearing–Repealed

117.855. Written notices–Repealed

117.860. No purging to be done later than twenty days before election–Repealed

117.865. Appeals from decisions of purgation officers or boards–Repealed

117.870. Suspended lists–Repealed

117.875. Record of canceled registrations–Repealed

117.880. Grand jury investigation–Repealed

117.885. Fees of county clerk in connection with purgation–Repealed

117.890. Old boards continued until successors appointed–Repealed

117.895. Validity of registration under prior law–Repealed

Promotion of Voting

117.900. Election essay and slogan contests — Private sponsorship.

(1) The Secretary of State shall implement an annual statewide essay contest for students in grades nine (9) through twelve (12) and an annual statewide slogan contest, each to be relative to an elections-related topic to be chosen by the Secretary of State each year. The Secretary of State shall publicize the contests, present awards or certificates to the essay winner in each grade level and to the slogan contest winner in a public ceremony, and provide appropriate publicity for the winning entries.

(2) The Secretary of State shall solicit sponsorship for the essay and slogan contests so that, in addition to awards or certificates, winners shall receive a monetary award, as funds are available from sponsors.

HISTORY: 2005 c 71, § 6, eff. 6-20-05; 1988 c 42, § 1, eff. 7-15-88

Penalties

117.990. Penalties. [Repealed.]

117.995. Penalties.

(1) Any person appointed to serve as an election officer but who shall knowingly and willfully fail to serve and who is not excused by the county board of elections for the reasons specified in this chapter shall be guilty of a violation and shall be ineligible to serve as an election officer for a period of five (5) years.

(2) Any county clerk or member of the county board of elections who knowingly and willfully violates any of the provisions of this chapter, including furnishing applications for absentee ballots to persons other than those specified by the provisions of this chapter and failure to type the name of the voter on the application form as required by the provisions of this chapter, shall be guilty of a Class D felony.

(3) Any officer who willfully fails to prepare or furnish ballot labels or absentee ballots or fails to allow a qualified voter to cast his or her vote on the machine as required of the voter by this chapter shall be guilty of a Class A misdemeanor.

(4) Any election officer who knowingly and willfully violates any of the provisions of this chapter, including failure to enforce the prohibition against electioneering established by KRS 117.235, shall be guilty of a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense.

(5) Any person who signs a name other than his or her own on an application for an absentee ballot or on the verification form for the ballot or on an emergency absentee ballot affidavit, or any person who votes an absentee ballot other than the one issued in his or her name, or any person who applies for the ballot for the use of anyone other than himself or herself or the person designated by the provisions of this chapter, or any person who makes a false statement on an application for an absentee ballot or on an emergency absentee ballot affidavit shall be guilty of a Class D felony.

(6) Any person who violates any provision of KRS 117.235 or 117.236 related to prohibited activities during absentee voting or on election day, after he or she has been duly notified of the provisions by any precinct election officer, county clerk, deputy county clerk, or other law enforcement official, shall, for each offense, be guilty of a Class A misdemeanor.

(7) Any person who knowingly and willfully prepares or assists in the preparation of an inaccurate or incomplete voter assistance form or fails to complete a voter assistance form when required shall be guilty of a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense; however, if a voter has been permanently certified as requiring voting assistance, there shall be no offense for the failure of the voter to complete the form.

(8) The members of a county board of elections that fails to provide the training to precinct election officers required by KRS 117.187(2) shall be subject to removal by the State Board of Elections.

(9) Any local or state election official, including the Secretary of State, employees of the Secretary, and members of the State Board of Elections and their staff, who knowingly and willfully uses the voter registration roster in violation of KRS 117.025(3)(a), shall, for each offense, be guilty of a Class A misdemeanor.

HISTORY: 2019 c 23, § 4, eff. 3-19-19; 2008 c 79, § 7, eff. 7-15-08; 1994 c 394, § 19, eff. 7-15-94; 1992 c 65, § 4, eff. 3-19-92; 1990 c 48, § 34, c 476, § 303; 1988 c 341, § 34; 1986 c 287, § 11; 1978 c 71, § 4, c 224, § 2; 1974 c 130, § 62

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CHAPTER 117A: Uniform Military and Overseas Voters Act

117A.005. Short title.

This chapter may be cited as the Uniform Military and Overseas Voters Act.

HISTORY: 2013 c 131, § 1, eff. 7-1-14

117A.010. Definitions for chapter.

As used in this chapter, unless the context otherwise requires:

(1) “Covered voter” means:

(a) A uniformed-service voter or an overseas voter who is registered to vote in the Commonwealth of Kentucky;

(b) A uniformed-service voter defined in subsection (9)(a) of this section whose voting residence is in the Commonwealth of Kentucky and who otherwise satisfies the Commonwealth of Kentucky’s voter eligibility requirements;

(c) An overseas voter who, before leaving the United States, was last eligible to vote in the Commonwealth of Kentucky and, except for his or her absence from the state, otherwise satisfies the Commonwealth of Kentucky’s voter eligibility requirements;

(d) An overseas voter who, before leaving the United States, would have been last eligible to vote in the Commonwealth of Kentucky had the voter then been of voting age and, except for his or her absence from the state, otherwise satisfies the Commonwealth of Kentucky’s voter eligibility requirements; or

(e) An overseas voter who was born outside the United States, is not described in paragraph (c) or (d) of this subsection, and, except for his or her absence from the state, otherwise satisfies the Commonwealth of Kentucky’s voter eligibility requirements, if:

1. The last place where a parent or legal guardian of the voter was, or under this chapter would have been, eligible to vote before leaving the United States is within the Commonwealth of Kentucky; and

2. The voter has not previously registered to vote in any other state;

(2) “Dependent” means an individual recognized as a dependent by a uniformed service;

(3) “Federal postcard application” means the application prescribed under the Registration and Voting by Absent Uniformed Services Voters and Overseas Voters in Elections for Federal Office Act, 52 U.S.C. secs. 20301 to 20311;

(4) “Federal write-in absentee ballot” means the ballot described in the Registration and Voting by Absent Uniformed Services Voters and Overseas Voters in Elections for Federal Office Act, 52 U.S.C. secs. 20301 to 20311;

(5) “Military-overseas ballot” means:

(a) A federal write-in absentee ballot;

(b) A ballot specifically prepared or distributed for use by a covered voter in accordance with this chapter; or

(c) A ballot cast by a covered voter in accordance with this chapter;

(6) “Overseas voter” means a United States citizen who is outside the United States;

(7) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States;

(8) “Uniformed service” means:

(a) Active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States;

(b) The Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or

(c) The National Guard and state militia;

(9) “Uniformed-service voter” means an individual who is qualified to vote and is:

(a) A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States who is on active duty;

(b) A member of the Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States;

(c) A member on activated status of the National Guard or state militia; or

(d) A spouse or dependent of a member referred to in this subsection; and

(10) “United States,” used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.

HISTORY: 2019 c 23, § 5, eff. 3-19-19; 2013 c 131, § 2, eff. 7-1-14

117A.020. Elections to which voting procedures apply.

The voting procedures in this chapter apply to:

(1) A primary, regular, or special election for federal office;

(2) A primary, regular, or special election for statewide or state legislative office or concerning a state ballot measure; and

(3) A primary, regular, or special election for county or local government office, judicial office, Commonwealth’s attorney, property valuation administrator, school board members, and circuit clerk or concerning a local ballot measure for which in-person or mail-in absentee voting is available for other qualified voters.

HISTORY: 2013 c 131, § 3, eff. 7-1-14

117A.030. Powers and duties of Secretary of State.

(1) The State Board of Elections is responsible for implementing this chapter and the Commonwealth of Kentucky’s responsibilities under the Registration and Voting by Absent Uniformed Services Voters and Overseas Voters in Elections for Federal Office Act, 52 U.S.C. secs. 20301 to 20311.

(2) The State Board of Elections shall have the authority to promulgate administrative regulations necessary to implement this chapter.

(3) The State Board of Elections shall make available to covered voters information regarding voter registration procedures for covered voters and procedures for casting military-overseas ballots.

(4) The State Board of Elections shall establish an electronic transmission system through which a covered voter may apply for and receive voter registration materials, military-overseas ballots, and other information authorized under this chapter.

(5) The State Board of Elections shall:

(a) Develop standardized absentee-voting materials, including privacy and transmission envelopes and their electronic equivalents, authentication materials, and voting instructions, to be used with the military-overseas ballot of a voter authorized to vote in any jurisdiction in the Commonwealth of Kentucky; and

(b) To the extent reasonably possible, coordinate with other states to carry out this section.

(6) The State Board of Elections shall prescribe the form and content of a declaration for use by a covered voter to swear or affirm specific representations pertaining to the voter’s identity, eligibility to vote, status as a covered voter, and timely and proper completion of a military-overseas ballot. The declaration shall be based on the declaration prescribed to accompany a federal write-in absentee ballot, as modified to be consistent with this chapter. The State Board of Elections shall ensure that a form for the execution of the declaration, including an indication of the date of execution of the declaration, is a prominent part of all balloting materials for which the declaration is required.

HISTORY: 2019 c 23, § 6, eff. 3-19-19; 2013 c 131, § 4, eff. 7-1-14

117A.040. Voting precinct and address of overseas voter — Administrative regulations.

(1) In registering to vote, an overseas voter who is eligible to vote in the Commonwealth of Kentucky shall use and shall be assigned to the voting precinct of the address of the last place of residence of the voter in the Commonwealth of Kentucky, or, in the case of a voter described by KRS 117A.010(1)(e), the address of the last place of residence in the Commonwealth of Kentucky of the parent or legal guardian of the voter. If that address is no longer a recognized residential address, the voter shall be assigned an address for voting purposes.

(2) The State Board of Elections shall promulgate administrative regulations covering the procedures for assigning an address for voting purposes for an overseas voter whose last place of residence is no longer a recognized residential address, provided that any regulations promulgated under this section shall specify that the overseas voter’s assigned address shall be located in the same voting precinct as the overseas voter’s last place of residence would have been located if the address were still a recognized residential address.

HISTORY: 2019 c 23, § 7, eff. 3-19-19; 2013 c 131, § 5, eff. 7-1-14

117A.050. Registration to vote — Postcard application or equivalent — Declaration accompanying federal ballot — Electronic transmission system.

(1) To apply to register to vote, in addition to any other approved method, a covered voter may use a federal postcard application, or the application’s electronic equivalent.

(2) A covered voter may use the declaration accompanying a federal write-in absentee ballot to apply to register to vote simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received during the period registration is open under KRS 116.045. If the declaration is received after the last day of registration under KRS 116.045, it shall be treated as an application to register to vote for subsequent elections.

(3) The State Board of Elections shall ensure that the electronic transmission system described in KRS 117A.030(4) is capable of accepting both a federal postcard application and any other approved electronic registration application sent to the appropriate election official. The voter may use the electronic transmission system or any other approved method to register to vote.

HISTORY: 2019 c 23, § 8, eff. 3-19-19; 2013 c 131, § 6, eff. 7-1-14

117A.060. Application by covered voter — Declaration — Informing election official that voter is covered.

(1) A covered voter who is registered to vote in the Commonwealth of Kentucky may apply for a military-overseas ballot using either the regular absentee ballot application in use in the voter’s jurisdiction under KRS 117.085, or the federal postcard application, or the application’s electronic equivalent.

(2) A covered voter who is not registered to vote in the Commonwealth of Kentucky may use a federal postcard application, or the application’s electronic equivalent, to apply simultaneously to register to vote under KRS 117A.050, and for a military-overseas ballot.

(3) The State Board of Elections shall ensure that the electronic transmission system described in KRS 117A.030(4) is capable of accepting the submission of both a federal postcard application and any other approved electronic military-overseas ballot application sent to the appropriate election official. The covered voter may use the electronic transmission system or any other approved method to apply for a military-overseas ballot.

(4) A covered voter may use the declaration accompanying a federal write-in absentee ballot as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received by the appropriate election official by the close of business hours seven (7) days before the election.

(5) To receive the benefits of this chapter, a covered voter shall inform the appropriate election official that the voter is a covered voter. Methods of informing the appropriate election official that a voter is a covered voter include:

(a) The use of a federal postcard application or federal write-in absentee ballot; and

(b) The use of the electronic transmission system established under KRS 117A.030(4).

(6) This chapter does not preclude a covered voter from voting using the regular absentee ballot provisions under KRS 117.077, 117.085, and 117.086.

HISTORY: 2019 c 112, § 6, eff. 6-27-19; 2019 c 23, § 9, eff. 3-19-19; 2013 c 131, § 7, eff. 7-1-14

117A.070. Application for military-overseas ballot.

An application for a military-overseas ballot is timely if received by the close of business hours seven (7) days before the election. An application for a military-overseas ballot for a primary, whether or not timely, is effective as an application for a military-overseas ballot for the regular election.

HISTORY: 2019 c 112, § 7, eff. 6-27-19; 2013 c 131, § 8, eff. 7-1-14

117A.080. Transmission of ballot and balloting materials to covered voters — Electronic transmission.

(1) For an election described in KRS 117A.020, not later than forty-five (45) days before the election or, if the forty-fifth day before the election is a weekend or holiday, not later than the business day preceding the forty-fifth day, the election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit a ballot and balloting materials to all covered voters who by that date submit a valid military-overseas ballot application.

(2) A covered voter who requests that a ballot and balloting materials be sent to the voter by electronic transmission may choose facsimile transmission or the electronic transmission system established under KRS 117A.030(4). The election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit the ballot and balloting materials to the voter using the means of transmission chosen by the voter.

(3) If a ballot application from a covered voter arrives fewer than forty-five (45) days before the election, the official charged with distributing a ballot and balloting materials shall transmit them to the voter not later than three (3) business days after the application arrives.

HISTORY: 2013 c 131, § 9, eff. 7-1-14

117A.090. Deadline for valid military-overseas ballot.

To be valid, a military-overseas ballot shall be received by the appropriate local election official not later than the time established by the election laws generally for the closing of the polls, which time shall not include the extra hour during which those voters may vote who were waiting in line to vote at the scheduled poll closing time.

HISTORY: 2013 c 131, § 10, eff. 7-1-14

117A.100. Use of federal write-in absentee ballot.

A covered voter may use a federal write-in absentee ballot to vote for all offices and ballot measures in an election described in KRS 117A.020.

HISTORY: 2013 c 131, § 11, eff. 7-1-14

117A.110. Counting of valid military-overseas ballot.

A valid military-overseas ballot cast in accordance with KRS 117A.090 shall be counted if it is received by the appropriate local election official not later than the time established by the election laws generally for the closing of the polls, which time shall not include the extra hour during which those voters may vote who were waiting in line to vote at the scheduled poll closing time, and the ballot may not be rejected on the basis that it has a late postmark, an unreadable postmark, or no postmark.

HISTORY: 2013 c 131, § 12, eff. 7-1-14

117A.120. Declaration concerning material misstatement of fact.

A military-overseas ballot shall include or be accompanied by a declaration signed by the voter that a material misstatement of fact in completing the ballot may be grounds for a conviction of perjury under the laws of the United States or the Commonwealth of Kentucky.

HISTORY: 2013 c 131, § 13, eff. 7-1-14

117A.130. Electronic information about receipt of application and ballot.

The State Board of Elections, in coordination with local election officials, shall implement an electronic free-access system by which a covered voter may determine by telephone, electronic mail, or Internet whether:

(1) The voter’s federal postcard application or other registration or military-overseas ballot application has been received and accepted; and

(2) The voter’s military-overseas ballot has been received.

HISTORY: 2019 c 23, § 10, eff. 3-19-19; 2013 c 131, § 14, eff. 7-1-14

117A.140. Electronic mail address — Standing request for electronic delivery.

(1) The local election official shall request an electronic mail address from each covered voter who applies to register to vote after July 1, 2014. An electronic mail address provided by any voter may not be made available to the public or any individual or organization other than an authorized agent of the local election official and is exempt from disclosure under the Kentucky Open Records Act, KRS 61.870 to 61.884. The address may be used only for official communication with the voter about the voting process, including transmitting military-overseas ballots and election materials if the voter has requested electronic transmission, and verifying the voter’s mailing address and physical location. The request for an electronic mail address shall describe the purposes for which the electronic mail address may be used and include a statement that any other use or disclosure of the electronic mail address is prohibited.

(2) A covered voter who provides an electronic mail address may request that the voter’s application for a military-overseas ballot be considered a standing request for electronic delivery of a ballot for all elections held after the date of the application through the next regular election or December 31 of the year of the application, whichever is later, or another shorter period the voter specifies. An election official shall provide a military-overseas ballot to a voter who makes a standing request for each election to which the request is applicable. A covered voter who is entitled to receive a military-overseas ballot for a primary under this subsection is entitled to receive a military-overseas ballot for the regular election.

HISTORY: 2013 c 131, § 15, eff. 7-1-14

117A.150. Sample ballot.

(1) At least fifty (50) days before a regularly scheduled election and forty-five (45) days before an election not regularly scheduled, an official in each jurisdiction charged with printing and distributing ballots and balloting material shall make available a sample ballot that includes all of the ballot measures and federal, state, and local offices provided in KRS 117A.020 that will be on the ballot on the date of the election, and shall provide an electronic copy of the sample ballot to the Secretary of State and to the State Board of Elections.

(2) The State Board of Elections, Secretary of State, and any local election jurisdiction that maintains an Internet Web site shall make the sample ballot required under subsection (1) of this section available on their Web sites.

(3) A covered voter may request a copy of a sample ballot from the Secretary of State, the local election official, or the State Board of Elections, who shall send the sample ballot to the voter by facsimile, electronic mail, or regular mail, as the voter requests.

HISTORY: 2019 c 23, § 11, eff. 3-19-19; 2013 c 131, § 16, eff. 7-1-14

117A.160. Mistakes and omissions that do not invalidate documents or ballots — Notarization or authentication not required.

(1) If a voter’s mistake or omission in the completion of a document under this chapter does not prevent determining whether a covered voter is eligible to vote, the mistake or omission does not invalidate the document. Failure to satisfy a nonsubstantive requirement, such as using paper or envelopes of a specified size or weight, does not invalidate a document submitted under this chapter. In a write-in ballot authorized by this chapter or in a vote for a write-in candidate on a regular ballot, if the intention of the voter is discernible under the Commonwealth of Kentucky’s uniform definition of what constitutes a vote, an abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party shall be accepted as a valid vote.

(2) Notarization is not required for the execution of a document under this chapter. An authentication, other than the declaration specified in KRS 117A.120 or the declaration on the federal postcard application and federal write-in absentee ballot, is not required for execution of a document under this chapter. The declaration and any information in the declaration may be compared with information on file to ascertain the validity of the document.

HISTORY: 2013 c 131, § 17, eff. 7-1-14

117A.170. Injunction and other equitable relief.

A court may issue an injunction or grant other equitable relief appropriate to ensure substantial compliance with, or enforce, this chapter on application by:

(1) A covered voter alleging a grievance under this chapter; or

(2) An election official in the Commonwealth of Kentucky.

HISTORY: 2013 c 131, § 18, eff. 7-1-14

117A.180. Application and construction.

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

HISTORY: 2013 c 131, § 19, eff. 7-1-14

117A.190. Chapter may modify or supersede federal act.

To the extent permitted by Section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 15 U.S.C. sec. 7002, this chapter may modify or supersede provisions of that act.

HISTORY: 2013 c 131, § 20, eff. 7-1-14

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CHAPTER 118 Conduct of Elections

118.010. “Election” defined — Application of chapter–Repealed

118.015. Definitions.

As used in this chapter, unless the context otherwise requires:

(1) A “political party” is an affiliation or organization of electors representing a political policy and having a constituted authority for its government and regulation, and whose candidate received at least twenty percent (20%) of the total vote cast at the last preceding election at which presidential electors were voted for;

(2) The word “election” used in reference to a state, district, county, or city election, includes the decisions of questions submitted to the qualified voters as well as the choice of officers by them;

(3) A “ballot” or “official ballot” means the voting machine ballot label, ballot cards, paper ballots, an absentee ballot, or a supplemental paper ballot which has been authorized for the use of the voters in any primary, general, or special election by the Secretary of State or the county clerk;

(4) “Ballot label” means the cards, papers, booklet, pages, or other material on which appear the names of candidates and the questions to be voted on by means of ballot cards or voting machines;

(5) “Ballot card” means a tabulating card on which votes may be recorded by a voter by use of a voting punch device or by marking with a pen or special marking device;

(6) “Voting machine” or “machine” shall include lever machines and, as far as applicable, any electronic or electromechanical unit and supplies utilized or relied upon by a voter in casting and recording his votes in an election;

(7) The word “resident” used in reference to a candidate in a state, district, county, or city election shall mean actual resident, without regard to the residence of the spouse of the candidate;

(8) “Political organization” means a political group not constituting a political party within the meaning of subsection (1) of this section but whose candidate received two percent (2%) or more of the vote of the state at the last preceding election for presidential electors; and

(9) “Political group” means a political group not constituting a political party or a political organization within the meaning of subsections (1) and (8) of this section.

HISTORY: 2002 c 63, § 9, eff. 7-15-02; 1998 c 2, § 1, eff. 7-15-98; 1990 c 48, § 35, eff. 7-13-90; 1982 c 360, § 41, c 295, § 2, c 402, § 6; 1978 c 384, § 252; 1976 ex s, c 1, § 1; 1974 c 130, § 97

118.020. Voting to be by secret ballot–Repealed.

118.025. Voting to be by secret ballot on voting machines — General laws applicable — Time for holding elections.

(1) Except as otherwise provided by law, voting in all elections shall be by secret ballot on voting machines.

(2) The general laws applying to regular, special, and primary elections shall apply to elections conducted with the use of voting machines, and all provisions of the general laws applying to the custody of ballot boxes shall apply, as far as applicable, to the custody of the voting machine.

(3) Primary elections for the nomination of candidates or slates of candidates to be voted for at the next regular election shall be held on the first Tuesday after the third Monday in May of each year.

(4) The election of all officers of all governmental units shall be held on the first Tuesday after the first Monday in November.

(5) If the law authorizes the calling of a special election on a day other than the day of the regular election in November, the election shall be held on a Tuesday.

(6) If the law requires that a special election be held within a period of time during which the voting machines must be locked as required by KRS 117.295, the special election shall be held on the fourth Tuesday following the expiration of the period during which the voting machines are locked.

HISTORY: 2008 c 129, § 6, eff. 7-15-08; 2002 c 262, § 1, eff. 7-15-02; 2000 c 261, § 2, eff. 7-14-00; 1996 c 195, § 13, eff. 7-15-96; 1994 c 394, § 20, eff. 7-15-94; 1992 c 288, § 38, c 296, § 7, eff. 7-14-92; 1990 c 431, § 1; 1986 c 29, § 12; 1984 c 44, § 6; 1982 c 402, § 3; 1974 c 130, § 98

118.030. Time of holding regular elections–Repealed.

118.035. Hours polls to be open — Employees to be allowed time off to vote, to apply for or execute absentee ballot, and to serve or train to be election officer.

(1) The polls shall be opened on the day of a primary, special election, or regular election at 6 a.m., prevailing time, and shall remain open until each voter who is waiting in line at the polls at 6 p.m., prevailing time, has voted. At 6 p.m., prevailing time, if voters are waiting at the polls to vote, the precinct election sheriff shall announce that a voter wishing to vote must immediately get in line. When all voters waiting at the polls at that time are in line, the precinct election sheriff shall then determine which voter is the last in line, and that voter shall be the last voter permitted to vote. The precinct election sheriff shall wait in line with the last voter who shall be permitted to vote until that voter has voted and shall inform a voter who subsequently arrives at the polls that no one shall be permitted to vote after the last voter in line at 6 p.m., prevailing time. After the last voter waiting in line at 6 p.m., prevailing time, has voted, the polls shall then be closed.

(2) As provided in Section 148 of the Constitution of Kentucky, any person entitled to a vote at any election in this state shall, if he has made application for leave prior to the day he appears before the county clerk to request an application for or to execute an absentee ballot, be entitled to absent himself from any services or employment in which he is then engaged or employed for a reasonable time, but not less than four (4) hours on the day he appears before the clerk to request an application for or to execute an absentee ballot, during normal business hours of the office of the clerk or to cast his ballot on the day of the election between the time of opening and closing the polls. The employer may specify the hours during which an employee may absent himself.

(3) No person shall be penalized for taking a reasonable time off to vote, unless, under circumstances which did not prohibit him from voting, he fails to vote. Any qualified voter who exercises his right to voting leave under this section but fails to cast his vote, under circumstances which did not prohibit him from voting, may be subject to disciplinary action.

(4) Any person selected to serve as an election officer shall be entitled to absent himself from any services or employment in which he is then engaged or employed for a period of an entire day to attend training or to serve as an election officer. The person shall not, because of so absenting himself, be liable to any penalty. The employer may specify the hours during which the employee may absent himself. No person shall refuse an employee the privilege hereby conferred, or discharge or threaten to discharge an employee or subject an employee to a penalty, because of the exercise of the privilege.

HISTORY: 2008 c 129, § 7, eff. 7-15-08; 1998 c 4, § 1, eff. 2-17-98; 1990 c 26, § 1, c 48, § 36, eff. 7-13-90; 1988 c 341, § 35; 1986 c 287, § 12; 1974 c 130, § 99

118.040. Hours polls to be open–Repealed.

118.045. Display of American flag at voting location.

(1) Every voting location on the day upon which any election is held shall, during voting hours, display an American flag of dimensions of reasonable size, which shall be firmly attached to the main entrance of the voting location so that it will be readily visible to the general public.

(2) A precinct sheriff shall attach the American flag to the main entrance of the voting location upon the opening of the polls on the election day and shall remove the same upon the closing of the polls.

(3) The fiscal court of every county shall purchase out of its general fund sufficient American flags for every voting location in that county. All American flags purchased by the fiscal court shall be manufactured in the United States.

HISTORY: 2009 c 4, § 3, eff. 6-25-09; 2002 c 63, § 10, eff. 7-15-02; 2000 c 508, § 1, eff. 7-14-00; 1990 c 48, § 37, eff. 7-13-90; 1974 c 77, § 1

118.050. Voting places. [Repealed.]

118.060. Voting rooms and booths. [Repealed.]

118.070. Persons entitled to have name placed on ballot for regular election. [Repealed.]

118.080. Nomination for regular election by petition. [Repealed.]

118.090. Nomination by minor political parties, and by major political parties for certain offices. [Repealed.]

118.100. Effect of conflicting certificates and petitions of nomination. [Repealed.]

Primaries

118.105. Nominations by political parties — Vacancy in candidacy — Replacement candidates — Exceptions — Ineligibility of Senior Status Special Judge.

(1) Except as provided in subsections (3) and (4) of this section and in KRS 118.115, every political party shall nominate all of its candidates for elective offices to be voted for at any regular election at a primary held as provided in this chapter, and the governing authority of any political party shall have no power to nominate any candidate for any elective office or to provide any method of nominating candidates for any elective office other than by a primary as provided in this chapter.

(2) Any political organization not constituting a political party as defined in KRS 118.015 may make its nominations as provided in KRS 118.325.

(3) If a vacancy occurs in the nomination of an unopposed candidate or in a nomination made by the primary before the certification of candidates for the regular election made under KRS 118.215, because of death, disqualification to hold the office sought, or severe disabling condition which arose after the nomination, the governing authority of the party may provide for filling the vacancy, but only following certification to the governing authority, by the Secretary of State, that a vacancy exists for a reason specified in this subsection. When such a nomination has been made, the certificate of nomination shall be signed by the chair and secretary of the governing authority of the party making it, and shall be filed in the same manner as certificates of nomination at a primary.

(4) If a vacancy occurs in the nomination of an unopposed candidate or in a nomination made by the primary before the certification of candidates for the regular election, and if that party’s nominee was the only political party candidate for the office sought, the governing authority of each party may nominate a candidate for the regular election, provided that no person has sought that party’s nomination by filing a notification and declaration.

(5) If a vacancy occurs in the nomination of a candidate under the conditions of subsection (3) or (4) of this section prior to September 15 preceding the day of the regular election, certificates of nomination for replacement candidates shall be filed in the same manner as provided in subsections (3) and (4) not later than 4 p.m. ten (10) days after the vacancy occurs, excluding weekends and legal holidays. If a vacancy occurs in the nomination of a candidate under the conditions of subsection (3) or (4) of this section on or after September 15 preceding the date of the regular election, certificates of nomination for replacement candidates shall be filed in the same manner as provided in subsections (3) and (4) not later than 4 p.m. five (5) days after the vacancy occurs, excluding weekends and legal holidays.

(6) If a vacancy in candidacy described in subsection (5) of this section occurs later than the second Thursday preceding the date of the regular election, no certificates of nomination shall be filed and any candidate whose name does not appear on the ballot may seek election by write-in voting pursuant to KRS 117.265.

(7) This section does not apply to candidates for members of boards of education, or presidential electors, nor to candidates participating in nonpartisan elections. However, regardless of the number of days served by a judge acting as a Senior Status Special Judge, a judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate for any elected office during the five (5) year term prescribed in KRS 21.580(1)(a)1.

HISTORY: 2013 c 66, § 1, eff. 6-25-13; 2007 c 46, § 1, eff. 6-26-07; 2005 c 71, § 7, eff. 6-20-05; 1998 c 2, § 2, eff. 7-15-98; 1994 c 482, § 1, eff. 4-13-94; 1990 c 49, § 1, eff. 3-12-90; 1988 c 17, § 8; 1982 c 394, § 18; 1978 c 384, § 25; 1976 c 54, § 23; 1974 c 130, § 100

118.110. Candidate who is defeated or who violates corrupt practice law in primary cannot have name on regular election ballot — Exception as to defeat of judicial candidates–Repealed.

118.115. Nominations for unexpired terms — Ineligibility of Senior Status Special Judge.

(1) Except as provided in subsection (2)(b) of KRS 83A.045 governing vacancies in candidacy, candidates for unexpired terms to be filled at a regular election shall be nominated at the primary next preceding the regular election, if the vacancy occurred not less than one hundred sixty (160) days before the primary. If the vacancy occurred less than one hundred sixty (160) days before the primary, the nomination shall be made in a manner determined by the governing authority of the political party concerned. In the preparation of ballots, candidates for full terms shall be grouped together, and candidates for unexpired terms shall be grouped together, under appropriate headings, so that the voter may easily distinguish the candidates for full terms from the candidates for unexpired terms.

(2) A judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate or a nominee for any elected office during the five (5) year term prescribed in KRS 21.580(1)(a)1., regardless of the number of days served by the judge acting as a Senior Status Special Judge.

HISTORY: 2019 c 187, § 10, eff. 11-6-19; 2013 c 66, § 2, eff. 6-25-13; 1990 c 48, § 38, eff. 7-13-90; 1988 c 17, § 9; 1984 c 185, § 9; 1974 c 130, § 101

118.120. Where and by whom certificates and petitions of nomination to be filed–Repealed.

118.125. Procedure and form for candidate to get name on primary ballot — Form in which name may appear on ballot.

(1) Except as provided in KRS 118.155, any person who is qualified under the provisions of KRS 116.055 to vote in any primary for the candidates for nomination by the party at whose hands he or she seeks the nomination, shall have his or her name printed on the official ballot of his or her party for an office to which he is eligible in that primary, upon filing, with the Secretary of State or county clerk, as appropriate, at the proper time, a notification and declaration.

(2) The notification and declaration shall be in the form prescribed by the State Board of Elections. It shall be signed by the candidate and by not less than two (2) registered voters of the same party from the district or jurisdiction from which the candidate seeks nomination. Signatures for nomination papers shall not be affixed on the document to be filed prior to the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot.

(a) The notification and declaration for a candidate for an office other than Governor or Lieutenant Governor shall include the following oath:

“For the purpose of having my name placed on the official primary election ballot as a candidate for nomination by the Party, I, (name in full as desired on the ballot as provided in KRS 118.129), do solemnly swear that my residence address is (street, route, highway, city if applicable, county, state, and zip code), that my mailing address, if different, is (post office address), and that I am a registered (party) voter in precinct; that I believe in the principles of the Party, and intend to support its principles and policies; that I meet all the statutory and constitutional qualifications for the office which I am seeking; that if nominated as a candidate of such party at the ensuing election I will accept the nomination and not withdraw for reasons other than those stated in KRS 118.105(3); that I will not knowingly violate any election law or any law relating to corrupt and fraudulent practice in campaigns or elections in this state, and if finally elected I will qualify for the office.”

The declaration shall be subscribed and sworn to before an officer authorized to administer an oath by the candidate and by the two (2) voters making the declaration and signing the candidate’s petition for office.

(b) The notification and declaration for a slate of candidates for Governor and Lieutenant Governor shall include the following oath:

“For the purpose of having our names placed on the official primary election ballot as a slate of candidates for Governor and Lieutenant Governor for nomination by the Party, I, , (name of candidate for Governor in full as desired on the ballot as provided in KRS 118.129), do solemnly swear that my residence address is (street, route, highway, city if applicable, county, state, and zip code), that my mailing address, if different, is (post office address), and that I am a registered (party) voter in precinct; and I, , (name of candidate for Lieutenant Governor in full as desired on the ballot as provided in KRS 118.129), do solemnly swear that my residence address is (street, route, highway, city if applicable, county, state, and zip code), that my mailing address, if different, is (post office address), and that I am a registered (party) voter in precinct; that we believe in the principles of the Party, and intend to support its principles and policies; that we meet all the statutory and constitutional qualifications for the offices which we are seeking; that we will accept the nomination and not withdraw for reasons other than those stated in KRS 118.105(3); that we will not knowingly violate any election law or any law relating to corrupt or fraudulent practice in campaigns or elections in this state, and if finally elected we will qualify for our offices.”

The declaration shall be subscribed and sworn to before an officer authorized to administer an oath by the candidate and by the two (2) voters making the declaration and signing the petition for office.

(3) When the notice and declaration has been filed with the Secretary of State or county clerk, as appropriate, and certified according to KRS 118.165, the Secretary of State or county clerk, as appropriate, shall have the candidate’s name printed on the ballot according to the provisions of this chapter, except as provided in KRS 118.185.

(4) Titles, ranks, or spurious phrases shall not be accepted on the filing papers and shall not be printed on the ballots as part of the candidate’s name; however, nicknames, initials, and contractions of given names may be acceptable as the candidate’s name.

HISTORY: 2008 c 79, § 10, eff. 7-15-08; 2000 c 275, § 1, eff. 7-14-00; 1998 c 201, § 1, eff. 7-15-98; 1994 c 458, § 18, eff. 7-15-94; 1992 c 186, § 1, eff. 11-5-92; 1990 c 48, § 39; 1986 c 470, § 23; 1984 c 317, § 1; 1982 c 394, § 19; 1976 c 54, § 24, c 7, § 1; 1974 c 130, § 102

118.127. Slate of candidates for Governor and Lieutenant Governor.

A slate of candidates for Governor and Lieutenant Governor filing a notification and declaration pursuant to KRS 118.125 shall list on the notification and declaration the names of the candidates for Governor and Lieutenant Governor who shall jointly appear on the ballot. The slate of candidates for Governor and Lieutenant Governor shall be nominated jointly by the casting by each voter of a single vote applicable to both offices. No candidate for Governor or Lieutenant Governor shall appear individually on the ballot for the nomination he is seeking.

HISTORY: 1994 c 458, § 19, eff. 7-15-94; 1992 c 288, § 14, eff. 7-14-92

118.129. Spelling and form of candidate’s name on ballot.

(1) The Secretary of State or the county clerk, as appropriate, shall certify the exact spelling and form of the name of the candidate to be printed on all ballots in accordance with the requirements listed in this section.

(2) A candidate’s nickname which is found to be, in the discretion of the Secretary of State or the county clerk, as appropriate, a title, rank, degree, job description, or spurious phrase shall be placed on the ballot only if it is the candidate’s bona fide nickname, generally used by acquaintances of the candidate in the county of residence to refer to the candidate, and if the nickname is acknowledged, by affidavit, under oath, by five (5) residents of the county in which the candidate resides, to be a bona fide nickname. The candidate shall also acknowledge, by affidavit under oath, that this is his bona fide nickname and is not being used to gain an advantage on the ballot.

(3) A nickname shall always appear set off in quotation marks and immediately before the last name. Periods shall follow all abbreviations or initials. Additional qualifiers following the last name, such as “Jr” or “III” shall not be separated from the last name by a comma and shall be followed by a period.

(4) The candidate’s name shall always appear in the following form: first or given name or initial; middle name or names or initials, if desired by the candidate; nickname if desired by the candidate; and last or surname in full. All names shall be in substantially the following form: John Lincoln “Jack” Doe; or J. Lincoln “Jack” Doe; or J. L. “Jack” Doe Jr.; or any of the above combinations without the intervening nickname.

(5) The total number of spaces, inclusive of letters, spaces, and punctuation, which may be utilized on the ballot for a candidate’s name and, if any, nickname, shall be twenty-five (25). Notwithstanding the listing of the candidate’s name on the filing papers, spaces, periods, quotation marks, and commas necessary for proper punctuation shall be added by the Secretary of State or the county clerk, as appropriate. No candidate’s name shall exceed twenty-five (25) spaces. The Secretary of State or the county clerk, as appropriate, shall determine the correct listing for any candidate whose name exceeds twenty-five (25) spaces to conform to this requirement.

HISTORY: 1992 c 186, § 2, eff. 11-5-92

118.130. When certificates and petitions of nominations to be filed–Repealed.

118.135. Vacancy before primary, independent to file when–Repealed.

118.136. “Dummy” candidates prohibited.

No person shall file a notification and declaration to become a candidate in a primary election as a pretended, fictitious or “dummy” candidate for the purpose of influencing or controlling the selection of challengers or inspectors or officers of election, nor shall any person solicit, persuade, urge, influence or induce another person to file a notification and declaration with the intention that such person become a pretended, fictitious or “dummy” candidate for the purpose of influencing or controlling the selection of challengers or inspectors or officers of election.

HISTORY: 1974 c 130, § 103, eff. 6-21-74

118.140. Time certificates and petitions to be preserved–Repealed.

118.145. Nomination of candidates for judicial officers–Repealed.

118.150. Secretary of state to certify names of candidates to county clerks–Repealed.

118.155. Nomination of candidates serving in Armed Forces.

(1) The provisions of KRS 118.125 shall not apply to any eligible person serving in the Armed Forces of the United States while this country is at war. The name of such person shall be printed on the official ballot of his party for an office for which he is eligible in any primary election when an application has been filed on his behalf by two (2) reputable electors of the party at whose hands he seeks the nomination.

(2) Such application shall be accompanied by a statement signed by the proposed candidate authorizing the action of the electors.

(3) The application and the candidate’s statement, herein mentioned, shall be filed in good faith and with the proper officer at the proper time, as provided for other candidates in primary elections.

(4) The form of such application shall be similar to that of the affidavits required of electors in behalf of other candidates as provided in KRS 118.125.

(5) Before such a successful candidate is given a certificate of nomination, he shall file with the county clerk of the county in which he resides a statement that during the campaign for the nomination he did not, and while a candidate for the office will not, knowingly violate any election law or any law relating to corrupt and fraudulent practice in campaigns or elections in this state, and if elected will qualify for the office.

HISTORY: 1976 c 54, § 25, eff. 3-10-76; 1974 c 130, § 105

118.160. Withdrawal of nomination–Repealed.

118.165. Filing of nomination papers — Certification — Ineligibility of Senior Status Special Judge.

(1) Except as provided in KRS Chapters 116 to 121, candidates for offices to be voted for by the electors of one (1) county or of a district less than one (1) county, except members of Congress and members of the General Assembly, shall file their nomination papers with the county clerk of the county not earlier than the first Wednesday after the first Monday in November of the year preceding the year the office will appear on the ballot and not later than the first Friday following the first Monday in January preceding the day fixed by law for holding the primary.

(2) Candidates for offices to be voted for by the electors of more than one (1) county, and for members of Congress and members of the General Assembly, shall file their nomination papers with the Secretary of State not earlier than the first Wednesday after the first Monday in November of the year preceding the year the office will appear on the ballot and not later than the first Friday following the first Monday in January preceding the day fixed by law for holding the primary. Signatures for nomination papers shall not be affixed on the document to be filed prior to the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot. All nomination papers shall be filed no later than 4 p.m. local time at the place of filing when filed on the last date on which the papers may be filed.

(3) The Secretary of State or the county clerk shall examine the notification and declaration form of each candidate to determine whether it is regular on its face. If there is an error, the proper officer shall notify the candidate by certified mail within twenty-four (24) hours of filing.

(4) A judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate or a nominee for any elected office during the five (5) year term prescribed in KRS 21.580(1)(a)1., regardless of the number of days served by the judge acting as a Senior Status Special Judge.

HISTORY: 2019 c 187, § 2, eff. 11-6-19; 2013 c 66, § 3, eff. 6-25-13; 2008 c 79, § 11, eff. 7-15-08; 1998 c 2, § 3, eff. 7-15-98; 1992 c 296, § 8, eff. 7-14-92; 1990 c 48, § 40; 1988 c 238, § 1, c 17, § 10; 1986 c 185, § 1; 1984 c 185, § 10, 11, c 44, § 7, 8; 1982 c 402, § 4, c 394, § 20; 1980 c 114, § 14; 1978 c 318, § 6; 1976 c 7, § 2; 1974 c 130, § 106

118.170. Form of ballot — Party emblems — Method of indicating public questions–Repealed.

118.171. Name of candidate to appear but once–Repealed.

118.173. Judicial ballots, contents, how arranged–Repealed.

118.175. Arrangement of names on ballots in elections of city officers–Repealed.

118.176. Challenging good faith of candidate.

(1) A “bona fide” candidate means one who is seeking nomination in a primary or election in a special or regular election according to law.

(2) The bona fides of any candidate seeking nomination or election in a primary or in a special or regular election may be questioned by any qualified voter entitled to vote for the candidate or by an opposing candidate by summary proceedings consisting of a motion before the Circuit Court of the judicial circuit in which the candidate whose bona fides is questioned resides. An action regarding the bona fides of any candidate seeking nomination or election in a primary or in a special or regular election may be commenced at any time prior to the regular election. The motion shall be tried summarily and without delay. Proof may be heard orally, and upon motion of either party shall be officially reported. If the Circuit Judge of the circuit in which the proceeding is filed is disqualified or absent from the county or is herself or himself a candidate, the proceeding may be presented to, heard and determined by the Circuit Judge of any adjoining judicial circuit.

(3) In any action or proceeding under this section the burden of proof as to the bona fides of a candidate shall be on the person challenging the bona fides of a candidate.

(4) If the court finds the candidate is not a bona fide candidate it shall so order, and certify the fact to the board of elections, and the candidate’s name shall be stricken from the written designation of election officers filed with the board of elections or the court may refuse recognition or relief in a mandatory or injunctive way. The order of the Circuit Court shall be entered on the order book of the court and shall be subject to a motion to set aside in the Court of Appeals. The motion shall be heard by the Court of Appeals or a judge thereof in the manner provided for dissolving or granting injunctions, except that the motion shall be made before the court or judge within five (5) days after the entry of the order in the Circuit Court, and may be heard and tried upon the original papers, and the order of the Court of Appeals or judge thereof shall be final.

(5) No person shall approach the Circuit Judge for the purpose or view of influencing his or her decision on the motion pending before the Circuit Judge or to be tried by him or her.

HISTORY: 2010 c 123, § 1, eff. 7-15-10; 2001 c 52, § 1, eff. 6-21-01; 1984 c 413, § 2, eff. 4-11-84; 1976 ex s, c 14, § 131; 1976 c 247, § 7, c 62, § 86; 1974 c 130, § 107

118.180. Paper on which ballots to be printed–Repealed.

118.185. Certification of unopposed candidate.

If it appears, after the expiration of the time for filing nomination papers, that there is only one (1) candidate who has filed the necessary papers for a place on the ballot of any party on whose ballot he is entitled to have his name printed, the officer with whom the papers are filed shall immediately issue and file in his office a certificate of nomination, and send a copy to the candidate.

HISTORY: 1974 c 130, § 108, eff. 6-21-74

118.190. When ballots to be printed — Number to be furnished each precinct–Repealed.

118.195. Inspection of nomination papers.

All nomination papers filed under KRS 118.165 and 118.365 shall at all times be subject to inspection by any person.

HISTORY: 1976 c 247, § 13, eff. 6-19-76; 1974 c 98, c 130, § 109

118.200. Method of filling vacancy in candidacy after ballots are printed–Repealed.

118.205. Register of candidates.

The Secretary of State and the county clerks shall each keep a book entitled “Register of Candidates for Nomination in the Primary Election,” and shall enter on different pages of the book for the different political parties the title of office sought and name and residence of each candidate for nomination in the primary election, the name of his political party, and the date of receiving his nomination papers. The book shall be so kept that the names of all candidates of the same political party shall be on the same or successive pages and the names of candidates of no two (2) political parties shall appear on the same page. The books shall be public records.

HISTORY: 1978 c 384, § 253, eff. 6-17-78; 1974 c 130, § 110

118.210. Preparation of seals, envelopes, stencils and other election supplies — Delivery of ballots and supplies to precincts–Repealed.

118.212. When candidate’s name not to be certified or printed on ballot — Effect of death or withdrawal of candidate — Notice required at polls — Penalty.

(1) If, before the time of certification of candidates who will appear on the ballot provided in KRS 118.215, any candidate whose notification and declaration or certificate or petition of nomination has been filed in the office of the Secretary of State dies or notifies the Secretary of State in writing, signed and properly notarized that he will not accept the nomination or election, the Secretary of State shall not certify his name.

(2) If, after the certification of candidates who will appear on the ballot, any candidate whose notification and declaration or certificate or petition of nomination has been filed in the office of the county clerk dies or notifies the clerk, in the manner described in subsection (1) of this section, that he will not accept the nomination or election, the clerk shall ensure that notice is provided to the appropriate precincts as provided in subsection (5) of this section.

(3) If, after the certification of candidates who will appear on the ballot, any candidate whose notification and declaration or certificate or petition of nomination has been filed in the office of the Secretary of State dies or notifies the Secretary of State in the manner described in subsection (1) of this section, that he will not accept the nomination or election, the Secretary of State shall immediately notify the appropriate county clerk, and the clerk shall ensure that notice is provided to the appropriate precincts as provided in subsection (5) of this section.

(4) If, after the certification of candidates who will appear on the ballot, any candidate whose name appears on the ballot shall officially withdraw or die, neither the precinct election officers nor the county board of elections shall tabulate or record the votes cast for the candidate; and, if there is only one (1) remaining candidate on the ballot for that office in a primary election, following the withdrawal or death of the other candidate or candidates, neither the precinct election officers nor the county board of elections shall tabulate or record the votes for the remaining candidate, and the officer with whom the remaining candidate has filed his or her nomination papers shall immediately issue and file in his or her office a certificate of nomination for that remaining candidate and send a copy to the remaining candidate.

(5) If, after the certification of candidates who will appear on the ballot, any candidate whose name appears on the ballot shall officially withdraw or die, the county clerk shall provide a notice to the precinct election officers who shall see that the notice is conspicuously displayed at the polling place advising voters of the change, and that votes for the candidate shall not be tabulated or recorded. If the county clerk learns of the death or withdrawal at least five (5) days prior to the election and provides the notice required by this subsection and the precinct officers fail to post the notice at the polling place, the precinct officers shall be guilty of a violation subject to a fine of not less than ten dollars ($10) nor more than two hundred fifty dollars ($250).

HISTORY: 2003 c 101, § 1, eff. 6-24-03; 1998 c 2, § 4, eff. 7-15-98; 1990 c 48, § 41, eff. 7-13-90; 1986 c 470, § 24; 1984 c 185, § 12; 1976 c 247, § 8

118.215. Certification of candidates or slates by Secretary of State — Order of listing county offices — Use of supplemental paper ballots — Approval of State Board of Elections — Ballot position unalterable.

(1) After the order of the names has been determined as provided in KRS 118.225, the Secretary of State shall certify, to the county clerks of the respective counties entitled to participate in the nomination or election of the respective candidates, the name, place of residence, and party of each candidate or slate of candidates for each office, as specified in the nomination papers or certificates and petitions of nomination filed with him or her, and shall designate the device with which the candidate groups, slates of candidates, or lists of candidates of each party shall be printed, in the order in which they are to appear on the ballot, with precedence to be given to the party that polled the highest number of votes at the preceding election for presidential electors, followed by the political party which received the second highest number of votes, with the order of any other political parties and independents to be determined by lot. Candidates for county offices and local state offices shall be listed in the following order: Commonwealth’s attorney, circuit clerk, property valuation administrator, county judge/executive, county attorney, county clerk, sheriff, jailer, county commissioner, coroner, justice of the peace, and constable. The names of candidates for President and Vice President shall be certified in lieu of certifying the names of the candidates for presidential electors. The names shall be certified as follows:

(a) Not later than the second Monday after the filing deadline for the primary as established in KRS 83A.045, 118.165, and 118A.060;

(b) Not later than the second Monday following the filing deadline for the regular election, except as provided in paragraph (c) of this subsection; and

(c) Not later than the Monday after the Friday following the first Tuesday in September preceding a regular election, for those years in which there is an election for President and Vice President of the United States.

(2) Except as otherwise provided in subsection (3) of this section, all independent candidates or slates of candidates whose nominating petitions are filed with the county clerk or the Secretary of State shall be listed under the title and device designated by them as provided in KRS 118.315, or if none is designated, under the word “independent,” and shall be placed on the ballot in a separate column or columns or in a separate line or lines according to the office which they seek. The order in which independent candidates or slates of candidates shall appear on the ballot shall be determined by lot by the county clerk. If the same device is selected by two (2) groups of petitioners, it shall be given to the first selecting it and the county clerk shall permit the other group to select a suitable device. This section shall not apply to candidates for municipal offices which come under subsection (3) of this section.

(3) The ballots used at any election in which city officers are to be elected as provided in subsection (2) of this section shall contain the names of candidates for the city offices grouped according to the offices they seek, and the candidates shall be immediately arranged with and designated by the title of office they seek. The order in which the names of the candidates for each office are to be printed on the ballot shall be determined by lot. Each group of candidates for each separate office for which the candidates are to be elected shall be clearly separated from other groups on the ballot and spaced to avoid confusion on the part of the voter.

(4) The Secretary of State shall not knowingly certify to the county clerk of any county the name of any candidate or slate of candidates who has not filed the required nomination papers, nor knowingly fail to certify the name of any candidate or slate of candidates who has filed the required nomination papers.

(5) If the county clerk determines that the number of certified candidates or slates of candidates cannot be placed on a ballot which can be accommodated by the voting machines currently in use by the county, he or she shall so notify the State Board of Elections not later than the last Tuesday in February preceding the primary or the last Tuesday in August preceding the regular election. The State Board of Elections shall meet within five (5) days of the notice, review the ballot conditions, and determine whether supplemental paper ballots are necessary for the election. Upon approval of the State Board of Elections, supplemental paper ballots may be used for nonpartisan candidates or slates of candidates for an office or offices and public questions submitted for a yes or no vote. All candidates or slates of candidates for any particular office shall be placed either on the machine ballot or on the paper ballot. Supplemental paper ballots may also be used to conduct the voting, in the instance of a small precinct as provided in KRS 117.066.

(6) The ballot position of a candidate or slate of candidates shall not be changed after the ballot position has been designated by the county clerk.

HISTORY: 2019 c 187, § 4, eff. 11-6-19; 2018 c 162, § 3, eff. 11-7-18; 2008 c 129, § 8, eff. 7-15-08; 2007 c 133, § 2, eff. 4-5-07; 2002 c 129, § 4, eff. 4-2-02; 1996 c 195, § 14, eff. 7-15-96; 1992 c 288, § 39, c 296, § 9, eff. 7-14-92; 1990 c 169, § 7, c 48, § 42; 1986 c 470, § 25; 1984 c 185, § 13, c 44, § 9; 1982 c 394, § 21; 1976 ex s, c 1, § 2; 1976 c 199, § 2, c 247, § 9; 1974 c 130, § 111

118.220. Instruction cards–Repealed.

118.225. Determination of order of names on ballot.

(1) For the purpose of determining the order in which the names of candidates or slates of candidates to be voted for by the electors of the entire state shall be certified and printed on the ballots with the designation of the respective offices, the Secretary of State shall prepare lists of the counties of each congressional district of the state. The Secretary of State shall arrange the surnames of all candidates or slates of candidates for each office in alphabetical order for the First Congressional District, and the names shall be certified in this order to the county clerks of all the counties comprising that district. For each succeeding congressional district, taken in numerical order, the name appearing first for each office in the last preceding district shall be placed last, and the name appearing second in the last preceding district shall be placed first, and each other name shall be moved up one (1) place. The lists shall be certified accordingly.

(2) For all other offices for which nomination papers and petitions are filed with the Secretary of State, the order of names of candidates for each office shall be determined by lot at a public drawing to be held in the office of the Secretary of State at 2 p.m., standard time, on the Thursday following the filing deadline for the primary as established in KRS 83A.045, 118.165, and 118A.060 or the Thursday following the first Tuesday after the first Monday in June preceding the regular election.

(3) For all offices for which nomination papers and petitions are filed in the office of the county clerk, the order in which the names of candidates for each office are to be printed on the ballot shall be determined by lot at a public drawing in the office of the county clerk at 2 p.m., standard time, on the Thursday following the filing deadline for the primary as established in KRS 83A.045, 118.165, and 118A.060 or the Thursday following the first Tuesday after the first Monday in June preceding the regular election.

(4) For all offices for which the deadline for filing nomination papers and petitions is governed by KRS 83A.165(4)(c) or 118.375(2), the order in which the names of candidates for each office are to be printed shall be determined by lot at a public drawing in the office at the place of filing at 2 p.m., standard time, on the Thursday following the second Tuesday in August preceding the regular election.

(5) If the number of certified candidates or slates of candidates cannot be placed on a ballot which can be accommodated on voting machines currently in use in the county, the county clerk shall notify the State Board of Elections, as provided in KRS 118.215.

HISTORY: 2019 c 187, § 5, eff. 11-6-19; 2018 c 162, § 4, eff. 11-7-18; 2008 c 129, § 9, eff. 7-15-08; 1996 c 195, § 15, eff. 7-15-96; 1992 c 296, § 10, c 288, § 40, eff. 7-14-92; 1990 c 48, § 43; 1986 c 470, § 26; 1984 c 185, § 14, c 44, § 10; 1982 c 394, § 22; 1976 ex s, c 1, § 10; 1974 c 130, § 112

118.227. Method for filling vacancy in slate of candidates before primary election.

(1) If a vacancy occurs in a slate of candidates before the ballots are printed for the primary election because of death, disqualification to hold the office sought, or severe disabling condition which arose after the deadline for filing the notification and declaration, the remaining member of the slate may:

(a) Designate a replacement for the vacant candidate; or

(b) Change the composition of the slate and designate a running mate.

Any changes made to the slate of candidates as set forth in this subsection shall be made on forms prescribed by the State Board of Elections and filed with the Secretary of State not later than the deadline for printing primary election ballots, but only following certification to the remaining candidates by the Secretary of State that a vacancy exists for a reason specified in this subsection. The Secretary of State shall immediately certify any changes made to a slate of candidates to the appropriate county clerk, the Registry of Election Finance, and the State Board of Elections.

(2) If a vacancy occurs in a slate of candidates after the ballots are printed for the primary, the remaining member of the slate may:

(a) Designate a replacement for the vacant candidate; or

(b) Change the composition of the slate and designate a running mate.

Any changes made to the slate of candidates as set forth in this subsection shall be made on forms prescribed by the State Board of Elections and filed with the Secretary of State filed with the registry prior to the primary election, but only following certification to the remaining candidate by the Secretary of State that a vacancy exists for a reason specified in subsection (1) of this section. The Secretary of State shall immediately certify any changes made to a slate of candidates to the appropriate county clerk, the Registry of Election Finance, and the State Board of Elections.

(3) If a replacement for a vacant candidate is made after the ballots are printed for the primary because of death, disqualification to hold the office sought, or severe disabling condition which arose after the deadline for filing the notification and declaration, notices informing the voters of the change in the composition of the slate shall be printed by the State Board of Elections and sent to the appropriate county clerk to be posted at each precinct polling place. Any votes cast prior to any changes made to the composition of a slate shall be counted as votes cast for the new slate composition.

(4) The provisions of KRS 118.105 shall apply to vacancies occurring in the nomination of a qualifying slate of candidates.

HISTORY: 2008 c 79, § 12, eff. 7-15-08; 2005 c 105, § 16, eff. 3-16-05

118.230. Ballot boxes — Adoption — Specifications — Locks — Delivery to election officers–Repealed.

118.235. Publication of names of candidates by county clerk–Repealed.

118.240. Challengers at regular election–Repealed.

118.245. Number of votes necessary to nominate candidates or slates — Section not applicable to presidential primaries.

(1) The candidate for office, other than the offices of Governor and Lieutenant Governor, receiving the highest number of votes in a primary election for the office for which he is a candidate shall be the nominee of his party for that office and shall receive the certificate of nomination.

(2) The slate of candidates for Governor and Lieutenant Governor receiving the highest number of votes in a primary shall be the nominees of that party for Governor and Lieutenant Governor, and that slate of candidates shall receive the certificate of nomination.

(3) If two (2) or more candidates or slates of candidates in a primary election are found to have received the highest and an equal number of votes for nomination to the same office, the election shall be determined by lot in the manner the board directs, in the presence of not less than three (3) other persons. This section does not apply to presidential primaries.

HISTORY: 2008 c 129, § 1, eff. 7-15-08; 1992 c 288, § 41, eff. 7-14-92; 1986 c 29, § 13; 1984 c 185, § 15, c 111, § 63; 1982 c 394, § 23; 1974 c 130, § 114

118.250. Written oath of voter when qualifications questioned — Grand jury to investigate oaths–Repealed.

118.255. Fees.

(1) The Secretary of State shall receive a fee of five hundred dollars ($500) for a candidate for statewide elected state office or the Congress, two hundred dollars ($200) for a candidate for Commonwealth’s attorney, the General Assembly, or the District Court, Circuit Court, Court of Appeals, or Supreme Court, twenty dollars ($20) for candidates for a city office, fifty dollars ($50) for other candidates who file with the Secretary of State for each notification and declaration and petition filed with him, and fifty dollars ($50) for a write-in candidate for office, to be paid by the candidate, or the candidate’s representative, when the notification and declaration and petition or declaration of intent is filed.

(2) The county clerk shall receive a fee pursuant to KRS 64.012 for each notification and declaration and petition filed with him to be paid by the candidate at the time of the filing.

HISTORY: 2014 c 92, § 212, eff. 1-1-15; 2005 c 105, § 1, eff. 3-16-05; 2003 c 88, § 1, eff. 6-24-03; 2002 c 34, § 2, eff. 7-15-02; 1996 c 195, § 16, eff. 7-15-96; 1992 c 288, § 58, eff. 7-14-92; 1982 c 394, § 24; 1978 c 84, § 2; 1976 c 7, § 3; 1974 c 130, § 115

118.260. Hearing witnesses as to qualifications of voter — Challenge by another voter–Repealed.

118.270. Precinct sheriff to preserve order at polls, enforce laws and act as umpire–Repealed.

118.280. Issuance and marking of ballot–Repealed.

118.290. Casting ballot — Voting to be prompt–Repealed.

118.300. Voting by illiterate, blind or disabled voter–Repealed.

Regular Elections

118.305. Persons entitled to have name on ballot — Certification of names of candidates — Eligibility of candidates defeated in primary — Notification of vacancy in elective office — Ineligibility of Senior Status Special Judge.

(1) Except as provided in KRS 118.345, and subject to the provisions of subsections (2), (3), and (4) of this section, the county clerk of each county shall cause to be printed for the voting machines and on the absentee ballots for the regular election the names of the following persons:

(a) Candidates of a political party, as defined in KRS 118.015, who have received certificates of nomination at the preceding primary, or certificates of nomination under KRS 118.185, and whose certificates of nomination have been filed with the Secretary of State or the appropriate county clerk;

(b) Candidates of a political party, as defined in KRS 118.015, who have been nominated for an unexpired term in a manner determined by the governing authority of the party, as provided in KRS 118.115, and whose evidences of nomination have been filed with the Secretary of State or the appropriate county clerk within the time prescribed in this chapter;

(c) Candidates of a political party, as defined in KRS 118.015, who have been nominated by the governing authority of the party to fill a vacancy in the candidacy of a person nominated at the preceding primary election, as provided in KRS 118.105, and whose certificates of nomination have been filed with the Secretary of State or the appropriate county clerk, by at least the date provided by the election law generally for such filing;

(d) Candidates who have been nominated by a political organization as provided in KRS 118.325 and whose certificates or petitions of nomination have been filed with the Secretary of State or the appropriate county clerk within the time prescribed in this chapter;

(e) Independent candidates who have been nominated by petition as provided in KRS 118.315, and whose petitions of nomination have been filed with the Secretary of State or the appropriate county clerk within the time prescribed in this chapter;

(f) Successful nominees of all nonpartisan primaries which shall have been conducted;

(g) Candidates who have filed a petition of candidacy as shall be required to fill a vacancy which shall appear on the ballot;

(h) The county clerk shall determine whether the name of any replacement candidate who has been nominated as provided in KRS 118.105(5) may be placed on the machine ballot or ballot cards and whether the voting machine may be reprogrammed to count the votes cast for that candidate or whether the ballot or ballot cards must be reprinted to accommodate votes cast for any replacement candidate and shall take the appropriate action to accommodate the replacement of any candidate. If the county clerk determines that the name of any replacement candidate cannot be accommodated on the existing ballot or ballot cards and if there is insufficient time before the election to reprint the entire ballot, the county clerk shall request approval to use supplemental paper ballots for voting for that office only in the same manner as permitted for other situations as provided in KRS 118.215(5), and, if approved, shall have an adequate number of supplemental paper ballots printed for voting for that office and only votes cast for that office by means of the supplemental paper ballots shall be tabulated and recorded by the precinct election officers and county board of elections. All actions by a county clerk, the State Board of Elections, and the Secretary of State which are necessary to provide for voting at a regular election for candidates nominated pursuant to KRS 118.105(5) shall be carried out with all possible speed. When a candidate has been replaced as provided in KRS 118.105(5) after absentee ballots have been printed and distributed for the regular election, neither the precinct election officers nor the county board of elections shall tabulate or record any absentee votes cast for the candidate who was replaced. If ballots are reprinted or supplemental paper ballots are printed, or if voting machines must be reprogrammed to count the votes cast for a replacement candidate, the costs for the printing and reprogramming shall be paid by the political party who has nominated a replacement candidate, or proportionately by each political party if each party nominates a replacement candidate;

(i) Candidates for President and Vice President of the United States, of those political parties and organizations who have nominated presidential electors as provided in KRS 118.325, if the certificate of nomination of the electors has been filed with the Secretary of State within the time prescribed in this chapter;

(j) Candidates for soil and water district supervisors who have been nominated by petition as provided in KRS 262.210; and

(k) Candidates for city office for which no nonpartisan primary has been conducted in a city which requires nonpartisan city elections.

(2) Any candidate for city office who is defeated in a partisan or nonpartisan primary shall be ineligible as a candidate for the same office in the regular election.

(3) Candidates for members of boards of education shall have their names printed on ballot labels and absentee ballots for the regular election only after filing as provided in KRS 160.220.

(4) Except as provided in KRS 118.105 and 118.115, no candidate’s name shall be printed upon the ballot labels and absentee ballots for any regular election as the nominee of any political party, as defined in KRS 118.015, or under the emblem of any political party, as so defined, except those candidates who have been duly and regularly nominated as nominees of that party at a primary held as provided in this chapter.

(5) No county clerk shall knowingly cause to be printed, upon the ballot labels or absentee ballots for any regular election, the name of any candidate of a political party, as defined in KRS 118.015, who has not been nominated in the manner provided in the primary election laws or the name of any candidate who is not in compliance with the restrictions concerning party registration and candidacy provided in of KRS 118.315(1).

(6) The names of candidates for President and Vice President shall be certified in lieu of certifying the names of the candidates for presidential electors.

(7) When a vacancy occurs in an elective office which is required by law to be filled temporarily by appointment, the officer or body designated by law to make the appointment, or in the case of an office to be filled by appointment from a list of nominations, the officer or body designated by law to make the nominations, shall immediately notify in writing both the county clerk and Secretary of State of the vacancy.

(8) A judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate or a nominee for any elected office during the five (5) year term prescribed in KRS 21.580(1)(a)1., regardless of the number of days served by the judge acting as a Senior Status Special Judge.

HISTORY: 2013 c 66, § 4, eff. 6-25-13; 2007 c 46, § 2, eff. 6-26-07; 1994 c 482, § 2, eff. 4-13-94; 1990 c 366, § 7, c 48, § 44, eff. 7-13-90; 1988 c 341, § 36; 1986 c 287, § 13; 1984 c 185, § 16; 1982 c 394, § 25; 1974 c 130, § 116, c 151, § 7

118.310. Ballot not voted — Spoiled ballot–Repealed.

118.315. Nomination for regular election by petition — Form of petition — Examination of petition — Ineligibility of Senior Status Special Judge.

(1) A candidate for any office to be voted for at any regular election may be nominated by a petition of electors qualified to vote for him or her, complying with the provisions of subsection (2) of this section. No person whose registration status is as a registered member of a political party shall be eligible to election as an independent, or political organization, or political group candidate, nor shall any person be eligible to election as an independent, or political organization, or political group candidate whose registration status was as a registered member of a political party on January 1 immediately preceding the regular election for which the person seeks to be a candidate. This restriction shall not apply to candidates to those offices specified in KRS 118.105(7), for supervisor of a soil and water conservation district, for candidates for mayor or legislative body in cities of the home rule class, or to candidates participating in nonpartisan elections.

(2) The form of the petition shall be prescribed by the State Board of Elections. It shall be signed by the candidate and by registered voters from the district or jurisdiction from which the candidate seeks nomination. The petition shall include a declaration, sworn to by the candidate, that he or she possesses all the constitutional and statutory requirements of the office for which the candidate has filed. Signatures for a petition of nomination for a candidate seeking any office, excluding President of the United States in accordance with KRS 118.591(1), shall not be affixed on the document to be filed prior to the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot. Signatures for nomination papers shall not be affixed on the document to be filed prior to the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot. A petition of nomination for a state officer, or any officer for whom all the electors of the state are entitled to vote, shall contain five thousand (5,000) petitioners; for a representative in Congress from any congressional district, or for any officer from any other district except as herein provided, four hundred (400) petitioners; for a county officer, member of the General Assembly, or Commonwealth’s attorney, one hundred (100) petitioners; for a soil and water conservation district supervisor, twenty-five (25) petitioners; for a city officer or board of education member, two (2) petitioners; and for an officer of a division less than a county, except as herein provided, twenty (20) petitioners. It shall not be necessary that the signatures of the petition be appended to one (1) paper. Each petitioner shall include the date he or she affixes the signature, address of residence, and date of birth. Failure of a voter to include the signature affixation date, date of birth, and address of residence shall result in the signature not being counted. If any person joins in nominating, by petition, more than one (1) nominee for any office to be filled, he or she shall be counted as a petitioner for the candidate whose petition is filed first, except a petitioner for the nomination of candidates for soil and water conservation district supervisors may be counted for every petition to which his or her signature is affixed.

(3) Titles, ranks, or spurious phrases shall not be accepted on the filing papers and shall not be printed on the ballots as part of the candidate’s name; however, nicknames, initials, and contractions of given names may be accepted as the candidate’s name.

(4) The Secretary of State and county clerks shall examine the petitions of all candidates who file with them to determine whether each petition is regular on its face. If there is an error, the Secretary of State or the county clerk shall notify the candidate by certified mail within twenty-four (24) hours of filing.

(5) A judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate or a nominee for any elected office during the five (5) year term prescribed in KRS 21.580(1)(a)1., regardless of the number of days served by the judge acting as a Senior Status Special Judge.

HISTORY: 2014 c 92, § 213, eff. 1-1-15; 2013 c 66, § 5, eff. 6-25-13; 2010 c 123, § 2, eff. 7-15-10; 2008 c 79, § 13, eff. 7-15-08; 2006 c 187, § 1, eff. 7-12-06; 2005 c 71, § 8, eff. 6-20-05; 2003 c 53, § 1, eff. 6-24-03; 2000 c 275, § 2, eff. 7-14-00; 1998 c 2, § 5, eff. 7-15-98; 1998 c 243, § 2, eff. 4-1-98; 1992 c 296, § 11, eff. 7-14-92; 1990 c 166, § 1, c 48, § 45, c 476, § 304; 1988 c 17, § 11; 1986 c 287, § 14, c 470, § 27; 1984 c 185, § 17; 1982 c 394, § 26; 1978 c 318, § 7; 1974 c 130, § 117, c 151, § 8

118.320. Provisions for insuring secrecy of ballot–Repealed.

118.325. Nomination by parties by convention or primary election — Ineligibility of Senior Status Special Judge.

(1) Any political organization not constituting a political party within the meaning of KRS 118.015 but whose candidate received two percent (2%) of the vote of the state at the last preceding election for presidential electors may nominate, by a convention or primary held by the party in accordance with its constitution and bylaws, candidates for any offices to be voted for at any regular election, except the office of member of a board of education, for which nominations shall be made as provided in KRS 160.220. Any political party, as defined in KRS 118.015, and any political organization not constituting such a political party but whose candidate received two percent (2%) of the vote of the state at the last preceding election for presidential electors, may nominate, by a convention or primary held by the party or organization in accordance with its constitution and bylaws, as many electors of President and Vice President of the United States as this state is entitled to elect.

(2) The certificate of nomination by such a convention or primary shall be in writing, shall contain the name of each person nominated, his or her residence and the office to which he or she is nominated, and shall designate a title for the party or principle that such convention or primary represents, together with any simple figure or device by which its list of candidates may be designated on the voting machines. The certificate shall be signed by the presiding officer and secretary of the convention, or by the chair and secretary of the county, city, or district committee, who shall add to their signatures their respective places of residence, and acknowledge the same before an officer duly authorized to administer oaths. A certificate of the acknowledgment shall be appended to the certificate of nomination. In the case of electors of President and Vice President of the United States the certificate of nomination shall state the names of the candidates of the party for President and Vice President.

(3) Any person desiring to become a candidate for an office, the nomination to which is to be made by a convention pursuant to subsections (1) and (2) of this section, except for the office of elector of President and Vice President of the United States, shall file a statement with the official designated in KRS 118.165 with whom notification and declaration forms are filed for the office. The form of the statement shall be prescribed by the State Board of Elections. Such statement shall be filed as prescribed by KRS 118.365.

(4) If the certificate of nomination of any state convention requests that the figure or device selected by such convention be used to designate the candidates of such party on the voting machines for all elections throughout the state, that figure or device shall be used until changed by request of a subsequent state convention of the same party. The device may be any appropriate symbol other than the coat of arms or seal of this state or of the United States, the national flag, or any other emblem common to the people at large.

(5) In case of death, resignation, or removal of any such candidate subsequent to nomination and before the certification of candidates for the regular election made under KRS 118.215, the chair of the state, county, or city district committee shall fill the vacancy, unless a supplemental certificate or petition of nomination is filed. In the case of electors of President and Vice President of the United States, a vacancy may be filled by the chair of the state committee at any time before the meeting of the electors, whether the vacancy occurs before or after the election.

(6) If any political party entitled to nominate by convention fails to do so, the names of all nominees by petition for any office who are designated in their petition as members and candidates of that party shall be printed under the device and title on the voting machines as if nominated by a convention. If two (2) or more persons who have filed certificates of nomination under this section claim to be the nominee of the same political party, the governing authority of that party shall designate to the Secretary of State and county clerk, in writing, which of the candidates is entitled to the party emblem. If there are two (2) or more contending executive committees of the same party in the county or district, the county or district executive committee that is recognized by the state governing authority of the party, by the written certificate of its chair, shall be recognized by the Secretary of State and county clerk.

(7) A judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate or a nominee for any elected office during the five (5) year term prescribed in KRS 21.580(1)(a)1., regardless of the number of days served by the judge acting as a Senior Status Special Judge.

HISTORY: 2013 c 66, § 6, eff. 6-25-13; 1998 c 2, § 6, eff. 7-15-98; 1990 c 48, § 46, eff. 7-13-90; 1988 c 17, § 12; 1984 c 185, § 18; 1974 c 130, § 118

118.327. Registers of candidates to be chosen by convention.

Each county clerk and the Secretary of State shall keep a book in which he shall enter certain information concerning candidates to be chosen by convention. Such book shall include the name, place of residence, office for which the person is a candidate, party designation, and the date of the receipt of the form required to be filed by KRS 118.325(3). Such book shall be a public record.

HISTORY: 1984 c 185, § 1, eff. 1-1-85

118.330. Persons to keep away from polls — Electioneering at polls prohibited–Repealed.

118.335. Effect of conflicting certificates and petitions of nomination.

If any certificate or petition of nomination made under the provisions of this chapter contains the name of more than one (1) candidate for any office to be filled, neither name shall be printed as a candidate for that office. If any person has been nominated as a candidate for any office by primary election or by party convention, and also by petition, his name shall be placed in the list of candidates nominated by the primary or convention, and the place occupied by his name in the petition shall be left blank, unless the candidate makes written request, prior to the last day for filing evidences of nomination, that his name be printed as nominated by petition and be omitted from the list nominated by the primary or convention.

HISTORY: 1976 c 54, § 26, eff. 3-10-76; 1974 c 130, § 119

118.340. Employees to be allowed time off to vote–Repealed.

118.345. Defeated primary candidate barred from having name on regular election ballot — Section not applicable to presidential preference primary candidates.

(1) No candidate who has been defeated for the nomination for any office in a primary election shall have his name placed on voting machines in the succeeding regular election as a candidate for the same office for the nomination to which he was a candidate in the primary election, except that if a vacancy occurs in the party nomination for which he was a candidate in the primary election his name may be placed on voting machines for the regular election as a candidate of that party if he has been duly made such party nominee after the vacancy occurs as provided in KRS 118.105.

(2) No person who was a candidate for nomination for any office in a primary election and who, before the succeeding regular election, is declared by the judgment of any court of competent jurisdiction to have violated, in the primary election, any provision of KRS Chapter 121, or to be responsible for such violation by others, shall have his name placed on voting machines for any office to be voted for in the succeeding regular election.

(3) This section does not apply to presidential preference primary candidates.

HISTORY: 1986 c 29, § 14, eff. 7-15-86; 1984 c 185, § 19, c 111, § 64; 1982 c 394, § 27; 1976 c 54, § 27; 1974 c 130, § 120

118.350. Closing polls — Delivery of ballot boxes and election supplies to county clerks–Repealed.

118.355. Disposition of secondary stubs–Repealed.

118.356. Filing of certificates and petitions of nomination.

(1) Certificates and petitions of nomination shall, in the case of candidates voted for by the state at large or by a district greater than one (1) county, be filed with the Secretary of State. In the case of candidates voted for by a county or by a district less than a county, they shall be filed with the county clerk. In the case of candidates voted for by a city whose boundaries extend beyond those of a single county, they shall be filed with the county clerk of the county in which a candidate resides. In the case of candidates for Congress and for General Assembly, they shall be filed with the Secretary of State.

(2) Certificates of nomination at a primary election held under this chapter shall be filed by the State Board of Elections or the county board of elections, depending upon which one issued the certificate. Certificates and petitions of nomination shall be filed by the candidate or by someone on his behalf.

HISTORY: 2000 c 354, § 4, eff. 7-14-00; 1990 c 169, § 8, eff. 7-13-90; 1974 c 130, § 121

118.360. Guarding ballot boxes and envelopes before meeting of election commissioners–Repealed.

118.365. Time for filing certificates and petitions of nomination — Statement-of-candidacy forms — Petitions for recall elections or elections on public questions.

(1) Certificates of nomination issued by the State Board of Elections shall be filed by that board with the Secretary of State immediately. The certificates issued by the county board of elections shall be filed by that board with the county clerk immediately.

(2) Petitions of nomination for candidates for city offices except as provided in KRS 83A.047, for candidates for members of boards of education, and for candidates for supervisors of soil and water conservation districts shall be filed with the county clerk not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot and not later than the first Tuesday after the first Monday in June preceding the day fixed by law for the holding of regular elections for the offices sought.

(3) Candidates for an office, the nomination to which is to be made by a convention pursuant to KRS 118.325(1) and (2), except for the office of electors of President and Vice President of the United States, shall file the statements required by KRS 118.325(3), with the official designated in KRS 118.165 with whom notification and declaration are filed for the office, not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot and not later than the first Tuesday after the first Monday in June preceding the regular election for the office sought.

(4) Certificates of nomination made by the governing authority of a political party within the meaning of KRS 118.015 or a political organization not constituting a political party within the meaning of KRS 118.015 but whose candidate received two percent (2%) of the vote of the state at the last preceding election for presidential electors to fill vacancies in office, as provided in KRS 118.115 and 118.325, shall be filed as required with the Secretary of State or county clerk not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the offices will appear on the ballot and not later than the first Tuesday after the first Monday in June preceding the day fixed by law for the election of the person in nomination.

(5) Except as otherwise provided in this section, petitions of nomination shall be filed as required with the Secretary of State or county clerk not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the offices will appear on the ballot and not later than the first Tuesday after the first Monday in June preceding the day fixed by law for the holding of regular elections for the offices sought. Certificates of nomination shall be filed with the Secretary of State or county clerk, as required by law, not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the offices will appear on the ballot and not later than the first Tuesday after the first Monday in June preceding the day fixed by law for the holding of regular elections for the offices sought. The filing of petitions of nomination for independent, or political organization, or political group candidates shall not be accepted by the Secretary of State or the county clerk if the candidate has not filed a statement-of-candidacy form as required by KRS 118.367.

(6) Petitions and certificates of nomination for electors of President and Vice President of the United States shall be filed with the Secretary of State not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which there is an election for President and Vice President of the United States and not later than the Friday following the first Tuesday in September preceding the date fixed by law for the election of the electors.

(7) Petitions for recall elections or elections on public questions shall be filed as required with the county clerk not later than the second Tuesday in August preceding the day fixed by law for holding a regular election.

(8) Petitions of any kind named in this section, statements, and certificates of nomination shall be filed no later than 4 p.m. local time at the place of filing when filed on the last date on which papers are permitted to be filed.

HISTORY: 2018 c 162, § 7, eff. 11-7-18; 2010 c 123, § 3, eff. 7-15-10; 2007 c 133, § 3, eff. 4-5-07; 2003 c 92, § 2, eff. 6-24-03; 1998 c 2, § 7, eff. 7-15-98; 1996 c 195, § 17, eff. 7-15-96; 1992 c 296, § 12, eff. 7-14-92; 1990 c 169, § 9, c 48, § 47, c 476, § 305; 1988 c 238, § 2; 1986 c 185, § 2, c 470, § 28; 1984 c 185, § 20, 21; 1982 c 394, § 28; 1978 c 384, § 254; 1974 c 130, § 122

118.367. Statement-of-candidacy form for independent, political organization, or political group candidate; exceptions; examination of forms.

(1) An independent, or political organization, or political group candidate required to file nomination papers pursuant to KRS 118.365(5) shall be required to file a statement-of-candidacy form with the same office at which nomination papers are filed. Candidates for federal office and candidates for mayor or legislative body in cities of the home rule class participating in partisan elections shall not be required to file a statement-of-candidacy form. The statement-of-candidacy form shall be filed not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot and not later than the last Tuesday in January preceding the day fixed by law for holding of regular elections for the offices sought. The statement-of-candidacy form shall be filed no later than 4 p.m. local time when filed on the last day on which papers are permitted to be filed. No person shall file a statement-of-candidacy form for more than one (1) public office during an election cycle.

(2) The statement-of-candidacy form shall be prescribed by the State Board of Elections. The statement-of-candidacy form shall be signed by the candidate upon filing. No charge shall be assessed for the filing of a statement-of-candidacy form. The Secretary of State and county clerks shall examine the statement-of-candidacy form of each candidate who files the form to determine if there is an error. If an error has occurred, the candidate shall be notified by certified mail within twenty-four (24) hours.

HISTORY: 2019 c 187, § 14, eff. 11-6-19; 2019 c 23, § 1, eff. 3-19-19; 2014 c 92, § 214, eff. 1-1-15; 2010 c 123, § 4, eff. 7-15-10; 2005 c 71, § 9, eff. 6-20-05; 2003 c 92, § 1, eff. 6-24-03

118.370. County board of election commissioners to canvass election returns–Repealed.

118.375. Independent, political organization, or political group candidates filing to fill vacancy — Ineligibility of Senior Status Special Judge.

(1) If a vacancy occurs in any elective office less than one hundred sixty (160) days before the primary or at any time before the time prescribed in KRS 118.365 for filing petitions of nomination, independent, or political organization, or political group candidates may file their petitions at the time and place provided in KRS 118.365, subject to the restrictions concerning party registration and candidacy provided in KRS 118.315(1).

(2) If a vacancy occurs in any elective office after the time prescribed in KRS 118.365 for filing petitions of nomination, but not less than three (3) months before the regular election, independent, or political organization, or political group candidates may file their petitions not later than the second Tuesday in August preceding the regular election for the office sought, subject to the restrictions concerning party registration and candidacy provided in KRS 118.315(1).

(3) A judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate or a nominee for any elected office during the five (5) year term prescribed in KRS 21.580(1)(a)1., regardless of the number of days served by the judge acting as a Senior Status Special Judge.

HISTORY: 2019 c 187, § 11, eff. 11-6-19; 2018 c 162, § 8, eff. 11-7-18; 2013 c 66, § 7, eff. 6-25-13; 2010 c 123, § 5, eff. 7-15-10; 1990 c 48, § 48, eff. 7-13-90; 1986 c 287, § 15; 1984 c 185, § 22; 1974 c 130, § 123

118.380. Parties may designate inspectors to witness count–Repealed.

118.385. Preservation of certain voting records.

(1) The Secretary of State and county clerks shall preserve in their respective offices all certificates and petitions of nomination filed therein, for six (6) months after the election for which the nominations were made.

(2) Each county clerk and the Secretary of State shall retain and preserve, for a period of twenty-two (22) months from the date of any primary or general or special election at which candidates for the office of presidential elector or member of the United States Senate or House of Representatives are voted for, and only for the precincts in which any such office appears on the ballot all records and papers relative to the voter returns for all the offices voted for in those precincts.

HISTORY: 1986 c 470, § 29, eff. 7-15-86; 1974 c 130, § 124

118.390. Return of keys to ballot boxes, stub books and ballots — Preservation and disposal of election papers–Repealed.

118.395. Arrangement of judicial ballot–Repealed.

118.400. County board to issue certificates of election, certify votes–Repealed.

118.405. Name of candidate to appear on ballot but once — Exceptions for filling of vacancy.

No candidate’s name shall appear on any voting machine or absentee ballot more than once, except that a candidate’s name may appear twice if he is a candidate for a primary or a regular election and also a candidate to fill a vacancy in the same office required to be filled at a special election, when the special election to fill a vacancy is scheduled for the regular election day.

HISTORY: 1990 c 48, § 49, eff. 7-13-90; 1986 c 470, § 30; 1976 c 54, § 28; 1974 c 130, § 126

118.410. Form of certificate of election and certificate of returns–Repealed.

118.415. Constitutional amendments.

(1) The General Assembly may state the substance of the amendment proposed to the Constitution of Kentucky in the form of a question in a manner calculated to inform the electorate of the substance of the amendment. When an amendment to the Constitution has been proposed by the General Assembly, the Secretary of State shall cause the question calculated to inform the electorate of the substance of the amendment which is prepared by the General Assembly or the Attorney General to be published at least one (1) time in a newspaper of general circulation published in this state, and shall also cause to be published at the same time and in the same manner the fact that the amendment will be submitted to the voters for their acceptance or rejection at the next regular election at which members of the General Assembly are to be voted for. The publication shall be made not later than the first Tuesday in August preceding the election at which the amendment is to be voted on.

(2) The Attorney General shall, if the General Assembly has not already done so, state the substance of an amendment to the Constitution of Kentucky which has been proposed by the General Assembly in the form of a question in a manner calculated to inform the electorate of the substance of the amendment, and, not later than fourteen (14) days preceding the first Tuesday in August preceding the next regular election at which members of the General Assembly are to be chosen, shall certify the question to the Secretary of State to be placed on the voting machine.

(3) The Secretary of State, not later than the second Monday after the second Tuesday in August preceding the next regular election at which members of the General Assembly are to be chosen in a year in which there is not an election for President and Vice President of the United States, or not later than the Thursday after the first Tuesday in September preceding a regular election in a year in which there is an election for President and Vice President of the United States, shall certify the substance of the amendment, as stated and certified by the General Assembly or by the Attorney General, to the county clerk of each county, and the county clerk shall have the substance of the amendment, as so certified, indicated on the voting machines.

(4) The votes cast for and against the amendment shall be counted, canvassed, and certified to the Secretary of State in the same manner as the votes cast for any officer elective by the votes of the whole state. If a majority of the votes cast on the question are for the amendment, it shall become a part of the Constitution.

(5) The expenses of the publications provided for in this section shall be paid as are the expenses of other publications that the Secretary of State is required to make in connection with elections.

HISTORY: 1998 c 2, § 8, eff. 7-15-98; 1996 c 195, § 18, eff. 7-15-96; 1994 c 461, § 1, eff. 7-15-94; 1992 c 296, § 13, eff. 7-14-92; 1984 c 185, § 23; 1982 c 394, § 29; 1978 c 318, § 8; 1974 c 130, § 127

118.420. State board to issue certificates of election for state and district offices — Tie votes–Repealed.

118.425. Issuance of certificates of election — Tie votes.

(1) The State Board of Elections shall issue certificates of election where the successful candidate was voted for by the state at large, was voted for by a district greater than one (1) county, or was a candidate for member of Congress or the General Assembly.

(2) Except as provided in subsection (3) of this section, not later than the second Monday after the election, the county board of elections shall issue certificates of election where the successful candidate was voted for by the electors of one (1) county, or of a district less than one (1) county, except members of Congress, members of the General Assembly, and designated officers filing with the Secretary of State. The right to contest or recount an election in accordance with KRS Chapter 120 shall not be impaired. The county board of elections of the candidate’s residence shall issue certificates of election where the successful candidate was voted for by the electors of a city or school district whose boundaries extend beyond those of a single county. The board shall forward the certificate to the elected candidate. If the board finds that two (2) or more candidates have received the highest and equal number of votes for the same office, the board shall determine by lot which of the candidates is elected.

(3) In counties containing cities of the first class, not later than the thirtieth day of December after the election, the county board of elections shall issue certificates of election where the successful candidate was voted for by the electors of the county, except members of Congress, members of the General Assembly, and designated officers filing with the Secretary of State. The right to contest or recount an election in accordance with KRS Chapter 120 shall not be impaired. The county board of elections of the candidate’s residence shall issue certificates of election where the successful candidate was voted for by the electors of a city whose boundaries extend beyond those of a single county. The board shall forward the certificate to the elected candidate. If the board finds that two (2) or more candidates have received the highest and equal number of votes for the same office, the board shall determine by lot which of the candidates is elected.

(4) In the case of all offices voted for, and in the case of public questions submitted to the vote of the people of the state at large or of a district greater than one (1) county, the county board of elections shall make out duplicate certificates of the total number of votes received by each of the candidates for the office and the total number of votes for and against each of the questions on a form prescribed by the State Board of Elections through the promulgation of administrative regulations in accordance with KRS Chapter 13A. The certificate of the total number of votes shall be certified to the Secretary of State’s Office not later than 12 p.m., prevailing time, on the Friday following the election. For special elections the certificate of the total number of votes shall be certified to the Secretary of State’s Office not later than 12 p.m., prevailing time, on the day following the election. The clerk shall keep one (1) of the certificates in his or her office. He or she shall not later than three (3) days after receiving the certificate from the board, forward the other certificate by mail to the Secretary of State who shall deliver it to the State Board of Elections.

(5) The State Board of Elections shall meet, to count and tabulate the votes received by the different candidates as certified to the Secretary of State no later than the third Monday after the election. The right to contest or recount an election in accordance with KRS Chapter 120 shall not be impaired. A majority of the members of the board shall constitute a quorum and may act. The board shall make out the certificates of election in the office of the board from the returns made. The board shall make out duplicate certificates of election, in writing, over the signatures of its members. The board shall forward the original certificate, by mail, to the elected candidate. The duplicate shall be retained in the office of the board. In the case of the election of a representative in Congress, an additional certificate shall be made and sent, by mail, to the clerk of the House of Representatives.

(6) The certificate of election shall be issued to the candidate receiving the highest number of votes in the territory from which the election is to be made. If two (2) or more persons are found to have received the highest and an equal number of votes for the same office, the election shall be determined by lot in the manner the board directs, in the presence of not less than three (3) other persons. In the case of elections for electors of President and Vice President of the United States, the board shall issue a certificate of election to each elector of the political party or organization whose candidates for President and Vice President received the highest number of votes and the determination by the board that the candidates of any political party or organization for President and Vice President have received the highest number of votes shall constitute a determination that the electors nominated by that party have been elected.

HISTORY: 2016 c 62, § 6, eff. 7-15-16; 2010 c 176, § 12, eff. 7-15-10; 2008 c 79, § 8, eff. 7-15-08; 2002 c 77, § 2, eff. 7-15-02; 1990 c 169, § 10, eff. 7-13-90; 1986 c 470, § 31; 1984 c 185, § 24; 1982 c 394, § 30; 1978 c 318, § 9; 1974 c 130, § 128

118.430. Constitutional amendments — How submitted to vote and voted on–Repealed.

118.435. Time of election of presidential electors.

The election of electors of President and Vice President of the United States shall be held on the Tuesday next after the first Monday in November every four (4) years, beginning with 1892. The Governor may, by proclamation, appoint the same day in any other year, pursuant to Act of Congress, for holding the election, in the event of a vacancy in the offices of President and Vice President.

HISTORY: 1974 c 130, § 129, eff. 6-21-74

118.440. Challengers and inspectors for election on constitutional amendment–Repealed.

118.445. Meeting of presidential electors — Filling vacancy if elector fails to attend.

The electors of President and Vice President of the United States shall convene at the State Capitol, at 11:45 a.m. on the first Monday after the second Wednesday in December next after their election, give their votes at or after 12 noon, and make return thereof according to law. If any elector fails to attend by 12 noon, on the day of the meeting, those in attendance shall fill his place by the election of another person, who shall have the same powers as if originally elected by the people.

HISTORY: 1986 c 470, § 32, eff. 7-15-86; 1974 c 130, § 130

118.450. Cost of elections — Payment — Voting machines, acquisition–Repealed.

118.455. Compensation of presidential electors.

Each elector of President and Vice President of the United States, for each day he attends at the State Capitol as an elector, shall receive the same per diem and mileage as may at the time be allowed to members of the General Assembly, to be paid out of the State Treasury.

HISTORY: 1974 c 130, § 131, eff. 6-21-74

118.465. Election of United States Senators.

One (1) United States Senator shall be elected at the regular November election every six (6) years beginning with 1914, and one (1) shall be elected at the regular November election every six (6) years beginning with 1918, to succeed the Senator whose term will expire the succeeding year. The election for United States Senator shall be held and the result shall be ascertained and certified in the same manner as the elections for state officers. After the returns have been canvassed, the Governor shall certify the election of the person elected to the President of the Senate of the United States. The certificate shall be under the seal of the state and shall be countersigned by the Secretary of State. All electors who are eligible to vote for representatives in Congress shall be eligible to vote for United States Senator, and the person receiving the highest number of votes shall be declared elected.

HISTORY: 1974 c 130, § 132, eff. 6-21-74

118.475. Time of election of representatives in Congress.

The election of representatives in Congress shall be held on the Tuesday next after the first Monday in November in every even numbered year.

HISTORY: 1974 c 130, § 133, eff. 6-21-74

118.485. Congressional districts–Repealed.

118.495. Construction of KRS 118.485–Repealed.

Presidential Preference Primaries

118.550. Definitions–Repealed.

118.551. Definition of political party.

As used in KRS 118.561 to 118.651, “political party” means each political party whose candidates received ten percent (10%) or more of the vote for Governor and Lieutenant Governor in the preceding election, or has a registration equal to ten percent (10%) or more of the total registered voters in the Commonwealth.

HISTORY: 1998 c 2, § 9, eff. 7-15-98; 1986 c 29, § 1, eff. 7-15-86

118.555. Methods by which to determine a political party’s delegate votes for presidential candidates.

(1) The state executive committee of each political party shall, pursuant to its party’s rules, determine whether to distribute its party’s authorized delegate votes for presidential candidates at its party’s national convention based on the results of a party caucus, a presidential preference primary, or a combination of the two (2) methods. Each state executive committee shall notify the State Board of Elections of its decision not later than the December 31 preceding the day for conducting a presidential preference primary as set by KRS 118.561.

(2) If a state executive committee determines that its party’s authorized delegate votes for presidential candidates at its party’s national convention shall be distributed based on the results of a party caucus, a presidential preference primary shall not be conducted for that political party, and the provisions of KRS 118.561 to 118.651 shall not apply. The distribution of delegates among the presidential candidates shall be determined by party rule.

(3) If a state executive committee determines that its party’s authorized delegate votes for presidential candidates at its party’s national convention shall be distributed based on the results of both a party caucus and a presidential preference primary, the formula for distribution of authorized delegate votes based on the results of a party caucus shall be determined by party rule. The distribution of delegates based on the results of a presidential preference primary shall be in accordance with the provisions of KRS 118.641(1). Regardless of the method by which the authorized delegate votes are distributed, the casting of votes on the first ballot at each party’s national convention shall be in accordance with the provisions of KRS 118.641(2).

HISTORY: 1992 c 296, § 14, eff. 7-14-92; 1990 c 431, § 2

118.560. Presidential preference primary elections–Repealed.

118.561. Presidential preference primary election.

(1) Subject to KRS 118.555, on the first Tuesday after the third Monday in May, in each presidential election year, the Commonwealth of Kentucky shall conduct presidential preference primary elections within each political party.

(2) Hours of voting shall be in accordance with KRS 118.035.

(3) The cost of election, officials, and the entire method of conducting the presidential preference primary shall be in accordance with Kentucky statutory provisions on primary elections.

HISTORY: 2002 c 262, § 2, eff. 7-15-02; 1990 c 431, § 3, eff. 7-13-90; 1986 c 29, § 2

118.570. Voter qualification–Repealed.

118.571. Voter qualification.

To qualify to vote in a presidential preference primary in the Commonwealth a voter must register to vote in the same manner as prescribed in KRS Chapter 116. A voter shall vote only in the presidential preference primary of the political party for which he has declared a preference as required by KRS 116.055.

HISTORY: 1986 c 29, § 3, eff. 7-15-86

118.580. Nomination of candidates by state board of elections–Repealed.

118.581. Nomination of candidates by State Board of Elections.

The State Board of Elections shall convene in Frankfort on the third Tuesday in December preceding a presidential preference primary. At the meeting required by this section, the board shall nominate as presidential preference primary candidates all those candidates of the political parties for the office of President of the United States who have qualified for matching federal campaign funds. Immediately upon completion of this requirement, the board shall transmit a list of all the nominees selected to the Secretary of State and shall also release the list to the news media.

HISTORY: 2019 c 187, § 6, eff. 11-6-19; 1992 c 296, § 15, eff. 7-14-92; 1990 c 431, § 4, c 48, § 52; 1986 c 470, § 20, c 29, § 4

118.590. Nomination of candidate by petition–Repealed.

118.591. Nomination of candidate by petition — Qualification of candidate through filing of notice of candidacy.

(1) Any person seeking the endorsement by a political party for the office of President of the United States, or any group organized in this state on behalf of, and with the consent of, the person, may file with the Secretary of State certified petitions signed by five thousand (5,000) persons who, at the time they sign, are registered and qualified voters in the Commonwealth and are affiliated, by registration, with the same political party as the candidate for whom petitions are filed.

(2) The petitions shall be filed by the petitioners with the Secretary of State no later than the first Friday following the first Monday in January preceding a presidential preference primary.

(3) The petitions shall state:

(a) The name of the candidate for nomination and the party of which the candidate is a member; and

(b) The name and address of the chair of the group circulating such petition.

(4) The Secretary of State shall determine the sufficiency of petitions filed with him or her and shall immediately communicate his or her determination to the chair of the group which has filed the petitions.

(5) In lieu of the petition requirements of subsections (1) to (4) of this section, a candidate may qualify to appear on the presidential preference primary ballot of the candidate’s political party by filing with the Secretary of State, no later than the first Friday following the first Monday in January preceding a presidential preference primary, a notice of candidacy signed by the candidate and either of the following:

(a) A certification by the Federal Election Commission that, by the filing deadline, the candidate has qualified for matching federal campaign funds; or

(b) Evidence that, by the filing deadline, the candidate’s name is qualified to appear on the presidential preference primary ballot of the candidate’s political party in at least twenty (20) other states.

(6) The Secretary of State shall determine the sufficiency of the documentation provided pursuant to subsection (5) of this section and shall immediately communicate his or her determination to the candidate or the candidates’s agent.

HISTORY: 2019 c 187, § 7, eff. 11-6-19; 1996 c 3, § 1, eff. 1-29-96; 1992 c 296, § 16, eff. 7-14-92; 1990 c 431, § 5, c 48, § 53; 1986 c 470, § 21, c 29, § 5

118.600. Notification of nominees by Secretary of State. [Repealed.]

118.601. Notification of nominees by Secretary of State — Order of names on ballot — Certification of candidates.

(1) The Secretary of State shall contact each person who has been nominated by petition, or who has been nominated pursuant to KRS 118.591(5) and (6), and notify him or her in writing by certified mail, with return receipt requested, that his or her name will appear as a candidate on the Kentucky presidential primary ballot of his or her party.

(2) The order in which the names of candidates for a presidential preference primary are to be printed on the ballot shall be determined by lot at a public drawing in the office of the Secretary of State at 2 p.m., standard time, on the Thursday following the filing deadline for the presidential preference primary as established in KRS 118.591.

(3) Not later than the date set forth in KRS 118.215(1)(a) preceding the presidential preference primary, and after the order of the names has been determined as provided by subsection (2) of this section, the Secretary of State shall certify to each county clerk the name, place of residence, and party of each candidate, as specified in the notice of candidacy forms or petitions filed with the Secretary of State and shall designate the device with which the candidates of each party shall be printed, in the order in which they are to appear on the ballot, with precedence to be given to the party that polled the highest number of votes at the preceding election for presidential electors, followed by the political party which received the second highest number of votes.

HISTORY: 2019 c 187, § 8, eff. 11-6-19; 2008 c 79, § 14, eff. 7-15-08; 1996 c 3, § 2, eff. 1-29-96; 1992 c 296, § 17, eff. 7-14-92; 1990 c 431, § 6, c 48, § 54; 1986 c 470, § 22, c 29, § 6

118.610. Candidates required to make deposit with Secretary of State–Repealed.

118.611. Candidates required to make deposit with Secretary of State — Refund — Escheat to Commonwealth.

Before any candidate’s name is placed upon the official ballot by the Secretary of State for a presidential preference primary in the Commonwealth, the candidate shall remit to the Secretary of State a filing fee of one thousand dollars ($1,000), which shall be nonrefundable unless no presidential preference primary is held.

HISTORY: 1990 c 431, § 7, c 48, § 55, eff. 7-13-90; 1986 c 29, § 7

118.620. Secretary of state to place candidates’ names on ballots — Provision for casting “uncommitted” vote–Repealed.

118.621. Secretary of State to place candidates’ names on ballot — Provisions for casting uncommitted vote.

The Secretary of State shall place the names of all candidates who have been nominated by petition, or who have been nominated pursuant to KRS 118.591(5) and (6), on the official presidential preference primary ballot of their respective political parties. The Secretary of State shall additionally place on the ballot of each political party a ballot slot for voters to cast an “uncommitted” vote. This vote shall be entitled to the same proportionate representation as a candidate under KRS 118.641, but delegates representing these voters shall not be bound by the first ballot requirement of KRS 118.631.

HISTORY: 1996 c 3, § 3, eff. 1-29-96; 1990 c 48, § 56, eff. 7-13-90; 1986 c 29, § 8

118.630. Certification of results of preference primary–Repealed.

118.631. Certification of results of preference primary.

Upon completion of the official canvass of the results of the primary by the State Board of Elections, the Secretary of State shall certify to the state chairman of each political party participating in the presidential preference primary the following:

(1) The names of the candidates entitled to delegate votes under provisions of KRS 118.641;

(2) The total vote received by each;

(3) A declaration that the results of the presidential preference primary, in accordance with the division of votes reflected by the official canvass, shall be the official vote cast by each political party at its national convention, on the first ballot only, and shall be designated by KRS 118.551 to 118.651 as an automatic vote, expressing the will of the people of the Commonwealth of Kentucky; and

(4) After the vote on the first ballot by the political party at its national convention, as required by this section, all responsibility under KRS 118.551 to 118.651 shall terminate and further balloting shall be the prerogative of the political parties as might be prescribed by the rules of such political parties.

HISTORY: 1986 c 29, § 9, eff. 7-15-86

118.640. Distribution of authorized delegate vote among party candidates–Repealed.

118.641. Distribution of authorized delegate vote among party candidates.

(1) The political parties in distributing authorized delegate votes among party candidates shall select one (1) of the following methods of distribution:

(a) The candidates receiving the highest number of votes, provided each candidate receives at least fifteen percent (15%) of the total vote cast by his political party, shall be awarded a pro rata portion of the authorized delegate vote of his political party as follows:

  1. The total vote received by the candidates qualifying under the provisions of KRS 118.551 to 118.651 and subsections herein shall, when combined, be equal to one hundred percent (100%);
  2. Each such candidate shall share in the total percentage in direct proportion to the total vote received by him mathematically determined to be the percentage of the aggregate vote which represents one hundred percent (100%);
  3. Each political party shall appropriate such percentage, as is determined by this section, to the total number of delegate votes as are allotted by the national committee of each party; or

(b) The candidate receiving the highest number of votes cast by his political party shall be awarded a pro rata portion of the authorized delegate vote of his political party in compliance with the state party rules for that party.

(2) Each political party shall, on the first ballot at its national convention, cast this Commonwealth’s vote for the candidates as determined by the primary or party caucus and calculated under this section or under party rules, whichever is applicable. Provided, however, that in the event of the death or withdrawal of a candidate receiving votes under this section prior to the tabulation of the first ballot, any delegate votes allocated to such candidate shall be considered uncommitted. Withdrawal shall mean notice in writing by the candidate to the chairman of the Kentucky delegation prior to the first ballot.

HISTORY: 1990 c 431, § 8, eff. 7-13-90; 1986 c 29, § 10

118.650. Notice to political party’s national committee–Repealed.

118.651. Notice to political party’s national committee.

It shall be the responsibility of the state chairman of each political party to notify his party’s national committee, no later than January 30 of each year in which such presidential primary shall be conducted, of the provisions contained herein relating to the automatic vote on the first ballot as required under KRS 118.551 to 118.641.

HISTORY: 1986 c 29, § 11, eff. 7-15-86

Special Elections

118.710. Proclamation for special election of Governor.

Except as provided in KRS 120.205, when a vacancy happens in the office of Governor, requiring an election, a proclamation therefor shall be issued by the Chief Justice of the Supreme Court, or if he is absent from the state or unable to act, by one (1) of the associate justices, and shall be directed to the sheriffs. The proclamation shall be published by the sheriffs as required by KRS 118.750.

HISTORY: 1986 c 470, § 33, eff. 7-15-86; 1976 1st ex s, c 14, § 132; 1974 c 130, § 147

118.720. Proclamation for special election for Congressional representative.

When an election is to be held to fill a vacancy in the office of representative in Congress, a proclamation therefor, in lieu of a writ of election, shall be issued and signed by the Governor and shall be directed to the proper sheriffs. The proclamation shall be published by the sheriffs as required by KRS 118.750.

HISTORY: 1986 c 470, § 34, eff. 7-15-86; 1974 c 130, § 148

118.730. Writ for special election for member of General Assembly — Location where voting to be conducted when only one candidate nominated — Exceptions.

(1) When a vacancy exists in either house of the General Assembly during its session, the presiding officer of the house in which the vacancy exists shall issue a writ of election; when the General Assembly is not in session, the writ shall be issued by the Governor. The writ shall be signed by the officer issuing it, shall designate the day for holding the election, and shall be directed to the proper sheriff or sheriffs.

(2) If a writ of election has been issued to fill a vacancy in either house of the General Assembly and only one (1) candidate has been nominated under KRS 118.760 and 118.770 and no candidate has filed a declaration of intent to be a write-in candidate for the vacancy under KRS 117.265(2), the county clerks of the counties in the territory in which the special election is to be held shall conduct voting in only one (1) of the following:

(a) The county clerk’s office; or

(b) Other place or places designated by the county board of elections and approved by the State Board of Elections.

(3) Subsection (2) of this section shall not apply when the writ of election calls for the election to be held on either:

(a) The day of a primary or general election; or

(b) The same day as any other special election, except an uncontested special election to fill a vacancy in either house of the General Assembly.

HISTORY: 2012 c 8, § 2, eff. 3-28-12; 1984 c 208, § 1, eff. 7-13-84; 1974 c 130, § 149

118.740. Delivery of proclamations and writs to sheriffs — Notice of election or special election.

(1) A copy of a proclamation issued under KRS 118.710 or 118.720, or a writ of election issued under KRS 118.730 shall be forwarded by mail to the sheriff of each county in the district in which the election is to be held, at least fifty-six (56) days before the election. The sheriff of each county in which an election is to be held shall give notice at least forty-nine (49) days before the day of election. If, from any cause, the sheriff cannot properly act, he shall immediately hand the writ or proclamation to the person authorized to act in his place.

(2) If a special election is administered under KRS 118.730(2), the notice required by subsection (1) of this section shall include the location of the election.

HISTORY: 2013 c 131, § 24, eff. 4-5-13; 2012 c 8, § 3, eff. 3-28-12; 1990 c 48, § 57, eff. 7-13-90; 1974 c 130, § 150

118.750. Publication of proclamations and writs by sheriffs.

Immediately on receipt of a proclamation or writ of election, or other sufficient information thereof, the sheriff shall give notice thereof by publication pursuant to KRS Chapter 424 and by handbills posted at the courthouse door and at the several places of voting.

HISTORY: 1974 c 130, § 151, eff. 6-21-74

118.760. Nominations of candidates for special elections.

Nominations by political parties, as defined in KRS 118.015, to fill vacancies at special elections shall be made in the manner determined by the governing authority of the party in the territory in which the election is to be held. An independent, or political organization, or political group candidate may be nominated at a special election by a petition of electors qualified to vote for him or her. The independent, or political organization, or political group candidate shall not be a registered member of a political party prior to the filing of the petition as prescribed in KRS 118.770. The form of the petition and the required number of signatures on the petition are set forth in KRS 118.315(2).

HISTORY: 2010 c 123, § 6, eff. 7-15-10; 1986 c 470, § 35, eff. 7-15-86; 1974 c 130, § 152

118.770. Time for filing petitions and certificates of nomination for special election of Governor, congressional representative or General Assembly member.

When a writ of election or proclamation is issued to fill a vacancy as prescribed in KRS 118.710, 118.720, or 118.730, independent, or political organization, or political group petitions and certificates of nomination shall be filed at least forty-nine (49) days before the day of election, and if filed with the Secretary of State shall be immediately certified by him or her to the proper county clerks.

HISTORY: 2013 c 131, § 25, eff. 4-5-13; 2012 c 8, § 4, eff. 3-28-12; 2010 c 123, § 7, eff. 7-15-10; 1990 c 48, § 58, eff. 7-13-90; 1986 c 470, § 36; 1974 c 130, § 153

118.775. Person elected to fill vacancy to take office immediately upon certification of results and administration of oath.

A successful candidate in a special election held for the purpose of filling a vacancy in any elective office shall take office immediately upon certification of the election results by the State Board of Elections or the county board of elections in which the special election was held, and administration of the oath of office.

HISTORY: 2010 c 123, § 8, eff. 7-15-10; 1990 c 48, § 50, eff. 7-13-90

118.780. Absent voting by disabled person–Repealed.

118.790. Application for absent ballot–Repealed.

Penalties

118.990. Penalties–Repealed.

118.995. Penalties.

(1) Any person who violates any of the provisions of KRS 118.136 shall be guilty of a Class A misdemeanor.

(2) If the Secretary of State violates any of the provisions of subsection (4) of KRS 118.215, he shall be guilty of a Class D felony.

(3) Any person who violates subsection (5) of KRS 118.176 shall be guilty of a Class A misdemeanor.

(4) If any county clerk violates any of the provisions of subsection (5) of KRS 118.305, he shall be guilty of a Class D felony.

HISTORY: 1990 c 48, § 59, c 366, § 9, eff. 7-13-90; 1980 c 188, § 100; 1978 c 384, § 562; 1974 c 130, § 156

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CHAPTER 118A Election of Judges

118A.010. Definitions — Applicability of provisions of KRS Chapter 118.

As used in this chapter, unless the context otherwise requires:

(1) “Ballot” or “official ballot” means the voting machine ballot label, ballot cards, paper ballots, an absentee ballot, a special ballot, or a supplemental paper ballot which has been authorized for the use of the voters in any primary, general, or special election by the Secretary of State or the county clerk;

(2) “Ballot card” means a tabulating card on which votes may be recorded by a voter by use of a voting device or by marking with a pen or special marking device;

(3) “Ballot label” means the cards, papers, booklet, pages, or other material on which appear the names of candidates and the questions to be voted on by means of ballot cards or voting machines;

(4) “Election” refers only to elections for offices of the Court of Justice; and

(5) “Voting machine” or “machine” shall include lever machines and, as far as applicable, any electronic or electromechanical unit and supplies utilized or relied upon by a voter in casting his vote in an election.

No provisions of KRS Chapter 118 existing on March 10, 1976, except KRS 118.015 through 118.045 shall apply to such elections. All other provisions of the election laws not inconsistent with this chapter shall be applicable thereto.

HISTORY: 2003 c 66, § 17, eff. 6-24-03; 1982 c 360, § 42, eff. 7-15-82; 1976 c 54, § 1

118A.020. Justices of the Supreme Court.

Justices of the Supreme Court shall be elected from the Supreme Court districts established by KRS Chapter 21A.

HISTORY: 1976 c 54, § 2, eff. 3-10-76

118A.030. Judges of the Court of Appeals.

(1) Judges of the Court of Appeals shall be elected from the same districts as are justices of the Supreme Court.

(2) In each Court of Appeals district there shall be, for election purposes, numbered divisions corresponding to the number of Court of Appeals Judges in the district. Each judge shall be elected at large from the entire district.

(3) Each numbered division of a district shall be voted upon and shall be tallied separately.

HISTORY: 1976 c 54, § 3, eff. 3-10-76

118A.040. Circuit Judges.

(1) Circuit Judges shall be elected from the judicial circuits established in KRS Chapter 23A.

(2) In judicial circuits having two (2) or more judges there shall be, for election purposes, numbered divisions corresponding to the number of Circuit Judges in the circuit. Each judge shall be elected at large from the entire circuit.

(3) Each numbered division of a circuit shall be voted upon and shall be tallied separately.

HISTORY: 1980 c 188, § 101, eff. 7-15-80; 1976 c 54, § 4

118A.045. Election of family court judges.

(1) Family court judges shall be elected from the judicial circuits established in KRS Chapter 23A and to a family court division so designated by the Supreme Court pursuant to Section 112(6) of the Constitution of Kentucky.

(2) All family court divisions as certified by the Clerk of the Supreme Court of Kentucky shall have such designation specifically appear on the ballot. The words “Family Court” shall be printed on the ballot in an appropriate location for divisions of Circuit Court certified by the Clerk of the Supreme Court of Kentucky as family court divisions. Prior to the first Wednesday after the first Monday in November of each scheduled election year, the Clerk of the Supreme Court of Kentucky shall certify the divisions of Circuit Court within a judicial circuit that are designated as family court divisions and deliver such certification to the Secretary of State.

(3) Except as provided in KRS 23A.070, in judicial circuits having two (2) or more judges there shall be, for election purposes, numbered divisions corresponding to the number of Circuit Judges in the circuit. Each judge shall be elected at large from the entire circuit.

(4) Each numbered division of a circuit shall be voted upon and shall be tallied separately.

HISTORY: 2005 c 124, § 2, eff. 6-20-05; 2003 c 66, § 3, eff. 6-24-03

118A.050. District Judges.

(1) District Judges shall be elected from judicial districts.

(2) In judicial districts having two (2) or more judges there shall be, for election purposes, numbered divisions corresponding to the number of District Judges in the district. Each judge shall be elected at large from the entire district.

(3) Each numbered division of a district shall be voted upon and shall be tallied separately.

HISTORY: 1976 c 54, § 5, eff. 3-10-76

118A.060. Petition for nomination — Examination of petition — Form and order of names on ballot — Secretary of State’s duties — Ballot position unalterable — Certification of nomination.

(1) Except as provided in KRS 118A.100, no person’s name shall appear on a ballot label or absentee ballot for an office of the Court of Justice without first having been nominated as provided in this section.

(2) Each candidate for nomination shall file a petition for nomination with the Secretary of State not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot and not later than the first Friday following the first Monday in January preceding the day fixed by law for holding the primary for the office. The petition shall be sworn to before an officer authorized to administer an oath by the candidate and by not less than two (2) registered voters from the district or circuit from which he or she seeks nomination. Signatures for nomination papers shall not be affixed on the document to be filed prior to the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot. The petition shall be filed no later than 4 p.m. local time at the place of filing when filed on the last date on which the papers are permitted to be filed.

(3) The petition for nomination shall be in the form prescribed by the State Board of Elections. The petition shall include a declaration sworn to by the candidate, that he or she possesses all the constitutional and statutory requirements of the office for which the candidate has filed. Titles, ranks, or spurious phrases shall not be accepted on the petition and shall not be printed on the ballots as part of the candidate’s name; however, nicknames, initials, and contractions of given names may be acceptable as the candidate’s name.

(4) The Secretary of State shall examine the petition of each candidate to determine whether it is regular on its face. If there is an error, the Secretary of State shall notify the candidate by certified mail within twenty-four (24) hours of filing. The order of names on the ballot for each district or circuit, and numbered division if divisions exist, shall be determined by lot at a public drawing to be held in the office of the Secretary of State at 2 p.m., standard time, on the Thursday following the filing deadline for the primary as established in this section and in KRS 83A.045 and 118.165.

(5) Not later than the date set forth in KRS 118.215(1)(a) preceding the primary, and after the order of names on the ballot has been determined as required in subsection (4) of this section, the Secretary of State shall:

(a) Certify to the county clerks of the respective counties entitled to participate in the election of the various candidates, the name and place of residence of each candidate for each office, by district or circuit, and numbered division if divisions exist, as specified in the petitions for nomination filed with him or her; and

(b) Designate for the county clerks the office of the Court of Justice with which the names of candidates shall be printed and the order in which they are to appear on the ballot.

(6) The ballot position of a candidate shall not be changed after the ballot position has been designated by the Secretary of State.

(7) The county clerks of each county shall cause to be printed on the ballot labels for the voting machines and on the special ballots for the primary the names of the candidates for offices in the Court of Justice.

(8) The names of the candidates shall be placed on the voting machine in a separate column or columns or in a separate line or lines and identified by the words “Judicial Ballot.” The words “Vote for one,” or “Vote for one in each division,” shall be printed on the ballot in an appropriate location. The office, numbered division if divisions exist, and the candidates shall be clearly labeled. No party designation or emblem of any kind, nor any sign indicating any candidate’s political belief or party affiliation, shall be used on voting machines or special ballots.

(9) The two (2) candidates receiving the highest number of votes for nomination for justice or judge of a district or circuit, or numbered division if divisions exist, shall be nominated. Certificates of nomination shall be issued as provided in KRS 118A.190.

(10) If it appears after expiration of the time for filing petitions for nomination that there are not more than two (2) candidates who have filed the necessary petitions for a place on the ballot in the regular election, no drawing for ballot position shall be held and the Secretary of State shall immediately issue and file in the Secretary’s office certificates of nomination, and send copies to the candidates.

HISTORY: 2019 c 187, § 3, eff. 11-6-19; 2008 c 79, § 15, eff. 7-15-08; 2000 c 275, § 3, eff. 7-14-00; 1998 c 2, § 10, eff. 7-15-98; 1992 c 296, § 18, eff. 7-14-92; 1990 c 48, § 60; 1988 c 238, § 3; 1986 c 185, § 3, c 470, § 37; 1984 c 185, § 25, c 44, § 11, 12; 1982 c 394, § 33; 1976 ex s, c 1, § 11; 1976 c 54, § 6

118A.070. Eligibility of voters. [Repealed.]

118A.080. Denial of right to have name placed on ballot — Restoration — Ineligibility of Senior Status Special Judge.

(1) No person who was a candidate for nomination for any office of the Court of Justice in a primary and who, before the succeeding regular election, is declared by the final judgment of any court of competent jurisdiction to have violated, in the primary, any provision of KRS Chapter 121, or to be responsible for such violation by others, shall have his or her name placed on the ballot for any office to be voted for in the succeeding regular election. However, if such judgment is subsequently reversed prior to the time of printing of the ballots, the candidate’s name shall be restored on the ballot.

(2) A judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate or a nominee for any elected office during the five (5) year term prescribed in KRS 21.580(1)(a)1., regardless of the number of days served by the judge acting as a Senior Status Special Judge.

HISTORY: 2013 c 66, § 9, eff. 6-25-13; 1976 c 54, § 8, eff. 3-10-76

118A.090. Determination of order of names on ballot for regular election — Secretary of State’s duties – Ballot labels — Ballot position unalterable — District, circuit, or numbered division candidate with most votes elected.

(1) For the regular election, the order of names on the ballot for each district or circuit, and numbered division if divisions exist, shall be determined by lot at a public drawing to be held in the office of the Secretary of State at 2 p.m., standard time, on the Thursday following the first Tuesday after the first Monday in June preceding the regular election, except as provided in KRS 118A.100(6).

(2) Not later than the date set forth in KRS 118.215(1)(b) after the filing deadline for the regular election in a year in which there is no election for President and Vice President of the United States, or not later than the date set forth in KRS 118.215(1)(c) preceding a regular election in a year in which there is an election for President and Vice President of the United States, and after the order of names on the ballot has been determined as required in subsection (1) of this section, the Secretary of State shall:

(a) Certify to the county clerks of the respective counties entitled to participate in the election of the various candidates, the name and place of residence of each candidate for each office, by district or circuit, and numbered division if divisions exist, as certified under KRS 118A.060; and

(b) Designate for the county clerks the office of the Court of Justice with which the names of candidates shall be printed and the order in which they are to appear on the ballot.

(3) The ballot position of a candidate shall not be changed after the ballot position has been designated by the Secretary of State. The county clerks of each county shall cause to be printed on the ballot labels for the voting machines and on the special ballots for the regular elections the names of the candidates for offices of the Court of Justice.

(4) The names of the candidates shall be placed on the voting machine in a separate column or columns or in a separate line or lines and identified by the words “Judicial Ballot,” and in such a manner that the casting of a vote for all of the candidates of a political party will not operate to cast a vote for judicial candidates. The words “Vote for one” or “Vote for one in each division,” shall be printed on the ballot in an appropriate location. The office, numbered division thereof if divisions exist, and the candidates therefor shall be clearly labeled. No party designation or emblem of any kind, nor any sign indicating any candidate’s political belief or party affiliation, shall be used on voting machines or special ballots.

(5) The candidate receiving the highest number of votes cast at the regular election for a district or circuit, or for a numbered division thereof if divisions exist, shall be elected.

HISTORY: 2018 c 162, § 5, eff. 11-7-18; 2008 c 79, § 16, eff. 7-15-08; 1998 c 2, § 11, eff. 7-15-98; 1996 c 195, § 19, eff. 7-15-96; 1992 c 296, § 19, eff. 7-14-92; 1990 c 48, § 61; 1986 c 470, § 38; 1984 c 185, § 26; 1976 ex s, c 1, § 12; 1976 c 54, § 9

118A.100. Filling vacancy for unexpired term — Filling nomination when nominees unavailable — Ineligibility of Senior Status Special Judge.

(1) Candidates for an unexpired term of a judicial office to be filled at a regular election shall be nominated at the primary next preceding the regular election in the manner prescribed in KRS 118A.060 if the vacancy occurs not later than the second Friday in December preceding the primary. If the vacancy occurs on or after that date, the election to fill the unexpired term shall be held in accordance with the procedures described in this section and Section 152 of the Constitution of Kentucky.

(2) If in a regular election for judicial office no candidates nominated as provided in KRS 118A.060 are available due to death, incapacity, or withdrawal, and the candidates have not been replaced as provided in KRS 118A.060, the election to fill the regular term shall be conducted in the manner prescribed in subsections (3) through (11) of this section.

(3) Each candidate shall file a petition for nomination with the Secretary of State not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the election for the unexpired term will be held and not later than the first Tuesday after the first Monday in June preceding the day fixed by law for holding the regular election for the unexpired term, if the vacancy occurs prior to the first Tuesday following the first Monday in June. If the vacancy occurs after the first Tuesday following the first Monday in June, each candidate shall file a petition for nomination with the Secretary of State not later than the second Tuesday in August preceding the day fixed by law for holding the regular election for the unexpired term. The petition shall be sworn to by the candidate and by not less than two (2) registered voters from the district or circuit from which he or she seeks nomination, before an officer authorized to administer an oath. Signatures for nomination papers shall not be affixed on the document to be filed prior to the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot. The petition shall be filed no later than 4 p.m. local time at the place of filing when filed on the last date on which the papers are permitted to be filed.

(4) The petition for nomination shall be in the form prescribed by the State Board of Elections. The petition shall include a declaration sworn to by the candidate, that he or she possesses all the constitutional and statutory requirements of the office for which the candidate has filed. Titles, ranks, or spurious phrases shall not be accepted on the petition and shall not be printed on the ballots as part of the candidate’s name; however, nicknames, initials, and contractions of given names may be acceptable as the candidate’s name.

(5) The Secretary of State shall examine the petition of each candidate to determine whether it is regular on its face. If there is an error, the Secretary of State shall notify the candidate by certified mail within twenty-four (24) hours of filing.

(6) The order of names on the ballot for each district or circuit, and numbered division if divisions exist, shall be determined by lot at a public drawing to be held in the office of the Secretary of State at 2 p.m., standard time, on the Thursday following the first Tuesday after the first Monday in June preceding the regular election for those petitions for nomination required to be filed no later than the first Tuesday following the first Monday in June. For those petitions for nomination required to be filed no later than the second Tuesday in August, the order of names on the ballot for each district and circuit, and numbered division if divisions exist, shall be determined by lot at a public drawing to be held in the office of the Secretary of State at 2 p.m., standard time, on the Thursday following the second Tuesday in August preceding the regular election.

(7) Not later than the date set forth in KRS 118.215 and after the order of names on the ballot has been determined as required in subsection (6) of this section, the Secretary of State shall:

(a) Certify to the county clerks of the respective counties entitled to participate in the election of the various candidates, the name and place of residence of each candidate for each office, by district or circuit, and numbered division if divisions exist, as specified in the petitions for nomination filed with the Secretary of State; and

(b) Designate for the county clerks the office of the Court of Justice with which the names of candidates shall be printed and the order in which they are to appear on the ballot.

(8) The ballot position of a candidate shall not be changed after the ballot position has been designated by the county clerk.

(9) The county clerks of each county shall cause to be printed on the ballot labels for the voting machines and on the absentee ballots for the regular election the names of the candidates for offices of the Court of Justice.

(10) The names of the candidates shall be placed on the voting machine in a separate column or columns or in a separate line or lines and identified by the words “Judicial Ballot,” and in a manner so that the casting of a vote for all of the candidates of a political party will not operate to cast a vote for judicial candidates. The words “Vote for one” or “Vote for one in each division,” shall be printed on the appropriate location. The office, numbered division if divisions exist, and the candidates therefor shall be clearly labeled. No party designation or emblem of any kind, nor any sign indicating any candidate’s political belief or party affiliation, shall be used on voting machines or special ballots.

(11) The candidate receiving the highest number of votes cast at the regular election for a district or circuit, or for a numbered division if divisions exist, shall be elected.

(12) A judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate or a nominee for any elected office during the five (5) year term prescribed in KRS 21.580(1)(a)1., regardless of the number of days served by the judge acting as a Senior Status Special Judge.

HISTORY: 2019 c 187, § 12, eff. 11-6-19; 2018 c 162, § 6, eff. 11-7-18; 2013 c 66, § 8, eff. 6-25-13; 2010 c 123, § 9, eff. 7-15-10; 1998 c 2, § 12, eff. 7-15-98; 1996 c 195, § 20, eff. 7-15-96; 1992 c 296, § 20, eff. 7-14-92; 1990 c 48, § 62; 1986 c 185, § 4, c 470, § 39; 1984 c 185, § 27; 1982 c 449, § 14, c 394, § 34; 1976 ex s, c 1, § 13; 1976 c 54, § 10

118A.105. Filling vacancy where only one nominee in race. [Repealed.]

118A.110. Initial election of judges to Court of Appeals. [Repealed.]

118A.120. Publication and posting of names of certified candidates. [Repealed.]

118A.130. Candidate’s name to appear but once.

No judicial candidate’s name shall appear on any voting machine or absentee ballot more than once.

HISTORY: 1992 c 296, § 21, eff. 7-14-92; 1976 c 54, § 13

118A.140. Register of candidates.

(1) The Secretary of State shall keep a book entitled “Register of Candidates for Nomination to Offices of the Court of Justice,” and shall enter in that book the name and place of residence of each candidate for nomination to the office of justice or judge in the primary election and the date of receipt of his nomination papers. The book shall be a public record.

(2) Petitions for candidacy filed pursuant to KRS 118A.100 shall also be entered in this book.

HISTORY: 1976 c 54, § 14, eff. 3-10-76

118A.150. Certification of candidates — Ballot labels — Effect of death or withdrawal of candidate — Penalty.

(1) In certification of candidates for judicial office, no reference shall be made to political affiliation.

(2) The Secretary of State shall not knowingly certify to the county clerk of any county the name of any candidate who has not filed the required nomination or candidacy papers, nor knowingly fail to certify the name of any candidate who has filed the required nomination or candidacy papers.

(3) No county clerk shall knowingly cause to be printed on the ballot labels or absentee ballots for any election, the name of a candidate for an office of the Court of Justice who has not been certified in the manner specified in this chapter.

(4) If, before the time of certification of candidates who will appear on the ballot provided for in this chapter, any candidate whose petition or certificate of nomination or petition for candidacy has been filed, dies or notifies the Secretary of State in writing, signed and properly notarized, that he will not accept the nomination or election, the Secretary of State shall not certify his name.

(5) If, after the certification of candidates who will appear on the ballot, any candidate whose petition or certificate of nomination or petition for candidacy has been filed, dies or notifies the Secretary of State in the manner described in subsection (4) of this section, that he will not accept the nomination or election, the Secretary of State shall immediately notify the appropriate county clerk, and the clerk shall ensure that notice is provided to the appropriate precincts as provided in subsection (7) of this section.

(6) If after the certification of candidates who will appear on the ballot, any candidate whose name appears on the ballot shall withdraw or die, neither the precinct election officers nor the county board of elections shall tabulate or record the votes cast for the candidate; and, in a primary election, if there are only one (1) or two (2) remaining candidates on the ballot for that office, following the withdrawal or death of the other candidate or candidates, neither the precinct election officers nor the county board of elections shall tabulate or record the votes for the remaining candidate or candidates, and the officer with whom the remaining candidate or candidates has filed his or her nomination papers shall immediately issue and file in his or her office a certificate of nomination for that remaining candidate or candidates and send a copy to the remaining candidate or candidates.

(7) If, after the certification of candidates who will appear on the ballot, any candidate whose name appears on the ballot shall withdraw pursuant to KRS 118.212 or die, the county clerk shall provide notices to the precinct election officers who shall see that a notice is conspicuously displayed at the polling place advising voters of the change, and that votes for the candidate shall not be tabulated or recorded. If the county clerk learns of the death or withdrawal at least five (5) days prior to the election and provides the notices required by this subsection and the precinct officers fail to post the notices at the polling place, the officers shall be guilty of a violation, subject to a fine of not less than ten dollars ($10) nor more than two hundred fifty dollars ($250).

HISTORY: 2003 c 101, § 4, eff. 6-24-03; 1998 c 2, § 13, eff. 7-15-98; 1990 c 48, § 63, eff. 7-13-90; 1986 c 470, § 40; 1976 c 54, § 15

118A.160. Hours for filing — Inspection.

All nomination or candidacy papers filed under this chapter shall during normal business hours be subject to inspection by any person.

HISTORY: 1976 c 54, § 16, eff. 3-10-76

118A.170. Ballot labels. [Repealed.]

118A.180. Preservation of petitions and certificates. [Repealed.]

118A.190. Issuance of certificates by State Board of Elections — Tie votes.

(1) The State Board of Elections shall issue certificates of nomination or election for all primary and regular elections as provided in this section.

(2) Following a primary or regular election, the board of elections of each county shall make out duplicate certificates of the total number of votes received by each candidate, by circuit or district, and numbered division thereof if divisions exist. The certificate of the total number of votes shall be certified to the Secretary of State’s Office not later than 12 noon, prevailing time, on the Friday following the primary or regular election. The clerk shall keep one (1) of the certificates in his or her office and, within three (3) days of their receipt from the board, shall forward the other certificate by mail to the Secretary of State who shall deliver it to the State Board of Elections.

(3) The State Board of Elections shall meet to count and tabulate the votes received by the different candidates as certified to the Secretary of State no later than the third Monday after the primary or regular election. When the board certifies the results of a primary or regular election, the right to contest the election or primary shall not be impaired. A majority of the members of the board shall constitute a quorum and may act. The board shall prepare the certificates of nomination or election in the office of the board, from the returns made. The certificates shall be in writing and in duplicate, and shall be signed by the board members. The board shall forward the original certificate, by mail, to the nominated or elected candidate, unless he or she has failed to comply with KRS Chapter 121. The duplicate shall be retained in the office of the board.

(4) Certificates of nomination for a judicial office shall be issued to the two (2) candidates receiving the highest number of votes, except that if more than two (2) candidates are found to have received the highest and an equal number of votes for the same office or if two (2) or more candidates are found to have received the second highest and an equal number of votes for the same office, the election shall be determined by lot in the manner the board directs, in the presence of not less than three (3) other persons.

(5) The certificate of election for a judicial office shall be issued to the candidate receiving the highest number of votes, except that if two (2) or more candidates are found to have received the highest and an equal number of votes for the same office, the election shall be determined by lot in the manner the board directs, in the presence of not less than three (3) other persons.

HISTORY: 2010 c 123, § 10, eff. 7-15-10; 1986 c 470, § 41, eff. 7-15-86; 1978 c 318, § 11; 1976 c 54, § 19

118A.990. Penalty.

Any person who violates any of the provisions of this chapter or who fails to perform his duties in the manner specified in this chapter shall be guilty of a Class A misdemeanor.

HISTORY: 1976 c 54, § 29, eff. 3-10-76

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CHAPTER 118B Districts for United States House of Representatives

118B.010. 2012 redistricting — Explanation of sources — Official maps.

For the purpose of this chapter:

(1) The boundaries of the congressional districts created by this chapter shall be those shown on the maps generated by the Legislative Research Commission’s geographic information system to accompany the redistricting plan enacted into law. The official copies of these maps shall be on file with the State Board of Elections. A duplicate set of maps and associated population information shall be retained by the Legislative Research Commission.

(2)(a) Designated precincts are those precincts in existence on July 15, 2010. Precinct boundaries shown in the maps referred to in subsection (1) of this section are taken from county precinct maps and verified and corrected by the Legislative Research Commission staff in consultation with county election officials.

(b) Census tracts and blocks shown in the maps referred to in subsection (1) of this section are those utilized for the making of the 2010 United States Census.

(c) Population data utilized for redistricting is the 2010 United States Census Pub. L. 94-171 population data that was deemed to be official by the United States Secretary of Commerce on or before July 15, 2011, and election precinct population data prepared by the Legislative Research Commission staff from the official Pub. L. 94-171 population data.

HISTORY: 2012 c 3, § 7, eff. 2-10-12; 2002 c 1, § 145, eff. 1-31-02; 1991 2nd ex s, c 4, § 8, eff. 12-20-91

Congressional Districts

118B.100. Division of Commonwealth into congressional districts.

The Commonwealth of Kentucky is divided into six (6) congressional districts as provided by KRS 118B.110 to 118B.160.

1991 2nd ex s, c 4, § 7, eff. 12-20-91

118B.110. First Congressional District.

The First Congressional District shall consist of the following territory:

 

COUNTY PREC NAME TRACT BLK SECT

 

ADAIR
ALLEN
BALLARD
CALDWELL
CALLOWAY
CARLISLE
CASEY
CHRISTIAN
CLINTON
CRITTENDEN
CUMBERLAND
FULTON
GRAVES
HENDERSON
HICKMAN
HOPKINS
LIVINGSTON
LOGAN
LYON
MARION
MARSHALL
MCCRACKEN
MCLEAN
METCALFE
MONROE
MUHLENBERG
OHIO
RUSSELL
SIMPSON
TAYLOR
TODD
TRIGG
UNION
WASHINGTON C103 POTTSVILLE 930300 2017 0404
WASHINGTON C103 POTTSVILLE 930300 2027 0102
WASHINGTON C103 POTTSVILLE 930300 2031
WASHINGTON C103 POTTSVILLE 930300 2032
WASHINGTON C103 POTTSVILLE 930300 2033
WASHINGTON C103 POTTSVILLE 930300 2034 0202
WASHINGTON C103 POTTSVILLE 930300 2035
WASHINGTON C103 POTTSVILLE 930300 2036 0102
WASHINGTON C103 POTTSVILLE 930300 2037
WASHINGTON C103 POTTSVILLE 930300 2038
WASHINGTON C103 POTTSVILLE 930300 2039
WASHINGTON C103 POTTSVILLE 930300 2040
WASHINGTON C103 POTTSVILLE 930300 2041
WASHINGTON C103 POTTSVILLE 930300 2042
WASHINGTON C103 POTTSVILLE 930300 2043
WASHINGTON C103 POTTSVILLE 930300 2044
WASHINGTON C103 POTTSVILLE 930300 2045
WASHINGTON C103 POTTSVILLE 930300 2046
WASHINGTON C103 POTTSVILLE 930300 2051
WASHINGTON C103 POTTSVILLE 930300 2052
WASHINGTON C103 POTTSVILLE 930300 2053
WASHINGTON C103 POTTSVILLE 930300 2054
WASHINGTON C103 POTTSVILLE 930300 2055
WASHINGTON C103 POTTSVILLE 930300 2056
WASHINGTON C103 POTTSVILLE 930300 2057
WASHINGTON C103 POTTSVILLE 930300 2058
WASHINGTON C103 POTTSVILLE 930300 2059
WASHINGTON C103 POTTSVILLE 930300 2060
WASHINGTON C103 POTTSVILLE 930300 2061
WASHINGTON C103 POTTSVILLE 930300 2062
WASHINGTON C103 POTTSVILLE 930300 2063
WASHINGTON C103 POTTSVILLE 930300 2064
WASHINGTON C103 POTTSVILLE 930300 2065
WASHINGTON C103 POTTSVILLE 930300 2066
WASHINGTON C103 POTTSVILLE 930300 2069 0202
WASHINGTON C103 POTTSVILLE 930300 2070
WASHINGTON C103 POTTSVILLE 930300 2072
WASHINGTON C103 POTTSVILLE 930300 2076
WASHINGTON C103 POTTSVILLE 930300 2079
WASHINGTON C103 POTTSVILLE 930300 2080
WASHINGTON C103 POTTSVILLE 930300 2081
WASHINGTON C103 POTTSVILLE 930300 2082
WASHINGTON C103 POTTSVILLE 930300 2083
WASHINGTON C103 POTTSVILLE 930300 2084
WASHINGTON C103 POTTSVILLE 930300 2085
WASHINGTON C103 POTTSVILLE 930300 2086
WASHINGTON C103 POTTSVILLE 930300 2087
WASHINGTON C103 POTTSVILLE 930300 2088
WASHINGTON C103 POTTSVILLE 930300 2089
WASHINGTON C103 POTTSVILLE 930300 2090
WASHINGTON C103 POTTSVILLE 930300 2091
WASHINGTON C103 POTTSVILLE 930300 2092
WASHINGTON C103 POTTSVILLE 930300 2093
WEBSTER

 

HISTORY: 2012 c 3, § 1, eff. 2-10-12

118B.120. Second Congressional District.

The Second Congressional District shall consist of the following territory:

–CENSUS–

 

COUNTY PREC NAME TRACT BLK SECT

 

BARREN
BOYLE
BRECKINRIDGE
BULLITT
BUTLER
DAVIESS
EDMONSON
GARRARD
GRAYSON
GREEN
HANCOCK
HARDIN
HART
JESSAMINE D101 NORTHEAST WILMORE #2 060400 1021
JESSAMINE D101 NORTHEAST WILMORE #2 060400 1022
JESSAMINE D101 NORTHEAST WILMORE #2 060400 1024
JESSAMINE D101 NORTHEAST WILMORE #2 060400 1025
JESSAMINE D101 NORTHEAST WILMORE #2 060400 1026
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5021
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5022
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5023
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5027
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5028
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5029
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5030
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5031
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5032
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5033
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5041
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5042
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5043
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5044
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5045
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5046
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5047
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5048
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5049
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5050
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5051
JESSAMINE D102 NORTHEAST WILMORE #1 060400 1003
JESSAMINE D102 NORTHEAST WILMORE #1 060400 1005
JESSAMINE D102 NORTHEAST WILMORE #1 060400 1007
JESSAMINE D102 NORTHEAST WILMORE #1 060400 1008
JESSAMINE D102 NORTHEAST WILMORE #1 060400 1009
JESSAMINE D102 NORTHEAST WILMORE #1 060400 1010
JESSAMINE D102 NORTHEAST WILMORE #1 060400 1011
JESSAMINE D102 NORTHEAST WILMORE #1 060400 1012
JESSAMINE D102 NORTHEAST WILMORE #1 060400 1013
JESSAMINE D102 NORTHEAST WILMORE #1 060400 1014
JESSAMINE D102 NORTHEAST WILMORE #1 060400 1015
JESSAMINE D102 NORTHEAST WILMORE #1 060400 1016
JESSAMINE D102 NORTHEAST WILMORE #1 060400 1023 0202
JESSAMINE D102 NORTHEAST WILMORE #1 060400 1027
JESSAMINE D102 NORTHEAST WILMORE #1 060400 1028
JESSAMINE D102 NORTHEAST WILMORE #1 060400 1029
JESSAMINE D102 NORTHEAST WILMORE #1 060400 1030
JESSAMINE D102 NORTHEAST WILMORE #1 060400 5003
JESSAMINE D102 NORTHEAST WILMORE #1 060400 5004
JESSAMINE D102 NORTHEAST WILMORE #1 060400 5024
JESSAMINE D102 NORTHEAST WILMORE #1 060400 5025
JESSAMINE D102 NORTHEAST WILMORE #1 060400 5026
JESSAMINE D104 NORTHWEST WILMORE #2
JESSAMINE D105 HIGH BRIDGE 060400 3000 0102
JESSAMINE D105 HIGH BRIDGE 060400 3001
JESSAMINE D105 HIGH BRIDGE 060400 3002
JESSAMINE D105 HIGH BRIDGE 060400 3003
JESSAMINE D105 HIGH BRIDGE 060400 3004
JESSAMINE D105 HIGH BRIDGE 060400 3005
JESSAMINE D105 HIGH BRIDGE 060400 3009
JESSAMINE D105 HIGH BRIDGE 060400 3010
JESSAMINE D105 HIGH BRIDGE 060400 3011
JESSAMINE D105 HIGH BRIDGE 060400 3012
JESSAMINE D105 HIGH BRIDGE 060400 3013
JESSAMINE D105 HIGH BRIDGE 060400 3014
JESSAMINE D105 HIGH BRIDGE 060400 3015
JESSAMINE D105 HIGH BRIDGE 060400 3016
JESSAMINE D105 HIGH BRIDGE 060400 4007 0103
JESSAMINE D105 HIGH BRIDGE 060400 4008
JESSAMINE D105 HIGH BRIDGE 060400 4009
JESSAMINE D105 HIGH BRIDGE 060400 4013
JESSAMINE D105 HIGH BRIDGE 060400 4014
JESSAMINE D105 HIGH BRIDGE 060400 4015 0102
JESSAMINE D105 HIGH BRIDGE 060400 4021 0102
JESSAMINE D105 HIGH BRIDGE 060400 4026 0102
JESSAMINE D105 HIGH BRIDGE 060400 4027
JESSAMINE D106 SOUTH WILMORE
JESSAMINE E101 NORTH KEENE 060600 2003 0202
JESSAMINE E101 NORTH KEENE 060600 3000
JESSAMINE E101 NORTH KEENE 060600 3001
JESSAMINE E101 NORTH KEENE 060600 3002
JESSAMINE E101 NORTH KEENE 060600 3003
JESSAMINE E101 NORTH KEENE 060600 3004
JESSAMINE E101 NORTH KEENE 060600 3005
JESSAMINE E101 NORTH KEENE 060600 3006
JESSAMINE E101 NORTH KEENE 060600 3007
JESSAMINE E101 NORTH KEENE 060600 3008
JESSAMINE E101 NORTH KEENE 060600 3009
JESSAMINE E101 NORTH KEENE 060600 3010
JESSAMINE E101 NORTH KEENE 060600 3011
JESSAMINE E101 NORTH KEENE 060600 3012
JESSAMINE E101 NORTH KEENE 060600 3013
JESSAMINE E101 NORTH KEENE 060600 3014
JESSAMINE E101 NORTH KEENE 060600 3015
JESSAMINE E101 NORTH KEENE 060600 3016
JESSAMINE E101 NORTH KEENE 060600 3017
JESSAMINE E101 NORTH KEENE 060600 3018
JESSAMINE E101 NORTH KEENE 060600 3019
JESSAMINE E101 NORTH KEENE 060600 3020
JESSAMINE E101 NORTH KEENE 060600 3021
JESSAMINE E101 NORTH KEENE 060600 3022 0102
JESSAMINE E101 NORTH KEENE 060600 3038
JESSAMINE E102 SOUTH KEENE 060600 2010
JESSAMINE E102 SOUTH KEENE 060600 2011
JESSAMINE E102 SOUTH KEENE 060600 2012 0102
JESSAMINE E102 SOUTH KEENE 060600 2013 0202
JESSAMINE E102 SOUTH KEENE 060600 2014
JESSAMINE E102 SOUTH KEENE 060600 2015
JESSAMINE E102 SOUTH KEENE 060600 2016
JESSAMINE E102 SOUTH KEENE 060600 2017
JESSAMINE E102 SOUTH KEENE 060600 2018
JESSAMINE E102 SOUTH KEENE 060600 2019
JESSAMINE E102 SOUTH KEENE 060600 2020
JESSAMINE E102 SOUTH KEENE 060600 2021
JESSAMINE E102 SOUTH KEENE 060600 2022
JESSAMINE E102 SOUTH KEENE 060600 2023
JESSAMINE E102 SOUTH KEENE 060600 2024
JESSAMINE E102 SOUTH KEENE 060600 2025
JESSAMINE E102 SOUTH KEENE 060600 2035
JESSAMINE E102 SOUTH KEENE 060600 2043
JESSAMINE E102 SOUTH KEENE 060600 2044
JESSAMINE E102 SOUTH KEENE 060600 2045
JESSAMINE E102 SOUTH KEENE 060600 2046
JESSAMINE E102 SOUTH KEENE 060600 2047
JESSAMINE E102 SOUTH KEENE 060600 2048
JESSAMINE E102 SOUTH KEENE 060600 2049
JESSAMINE E102 SOUTH KEENE 060600 2050
JESSAMINE E102 SOUTH KEENE 060600 2052 0102
JESSAMINE E102 SOUTH KEENE 060600 3026
JESSAMINE E102 SOUTH KEENE 060600 3036
JESSAMINE E102 SOUTH KEENE 060600 3037
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1006
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1007
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1008
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1009
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1010
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1018
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1019
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1020
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1021
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1031
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1032
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1033
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 2000 0102
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 2002
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 2003 0102
JESSAMINE E104 NORTHWEST U.S.68
JESSAMINE E106 NORTHWEST WILMORE #1
JESSAMINE E107 NORTH WILMORE
LARUE
MEADE
MERCER
NELSON
SPENCER B101 WATERFORD
SPENCER D101 CAMPBRANCH 080200 3040
SPENCER D101 CAMPBRANCH 080200 3045
SPENCER D101 CAMPBRANCH 080200 3046
SPENCER D101 CAMPBRANCH 080200 3047
SPENCER D101 CAMPBRANCH 080200 3048
SPENCER D101 CAMPBRANCH 080200 3049
SPENCER D101 CAMPBRANCH 080200 3050
SPENCER D101 CAMPBRANCH 080200 3051
SPENCER D101 CAMPBRANCH 080200 3052
SPENCER D101 CAMPBRANCH 080200 3053
SPENCER D101 CAMPBRANCH 080200 3054
SPENCER D101 CAMPBRANCH 080200 3055
SPENCER D101 CAMPBRANCH 080200 3056
SPENCER D101 CAMPBRANCH 080200 3057
SPENCER D101 CAMPBRANCH 080200 3058
SPENCER D101 CAMPBRANCH 080200 3059
SPENCER D101 CAMPBRANCH 080200 3060
SPENCER D101 CAMPBRANCH 080200 3061
SPENCER D101 CAMPBRANCH 080200 3062
SPENCER D101 CAMPBRANCH 080200 3063
SPENCER D101 CAMPBRANCH 080200 3065
SPENCER D101 CAMPBRANCH 080200 3068
SPENCER D101 CAMPBRANCH 080200 3069
SPENCER D101 CAMPBRANCH 080200 3070
SPENCER D101 CAMPBRANCH 080200 3071
SPENCER D101 CAMPBRANCH 080200 3072
SPENCER D101 CAMPBRANCH 080200 3073
SPENCER D101 CAMPBRANCH 080200 3074
SPENCER D101 CAMPBRANCH 080200 3075
SPENCER D101 CAMPBRANCH 080200 3076
SPENCER D101 CAMPBRANCH 080200 3077
SPENCER D101 CAMPBRANCH 080200 3078
SPENCER D101 CAMPBRANCH 080200 3079
SPENCER D101 CAMPBRANCH 080200 3080
SPENCER D101 CAMPBRANCH 080200 3081
SPENCER D101 CAMPBRANCH 080200 3082
SPENCER D101 CAMPBRANCH 080200 3083
SPENCER D101 CAMPBRANCH 080200 3084
SPENCER D101 CAMPBRANCH 080200 3085
SPENCER D101 CAMPBRANCH 080200 3086
SPENCER D101 CAMPBRANCH 080200 3087
SPENCER D101 CAMPBRANCH 080200 3088
SPENCER D101 CAMPBRANCH 080200 3089
SPENCER D101 CAMPBRANCH 080200 3090
SPENCER D101 CAMPBRANCH 080200 3091
SPENCER D101 CAMPBRANCH 080200 3092
SPENCER D101 CAMPBRANCH 080200 3093
SPENCER D101 CAMPBRANCH 080200 3094
SPENCER D101 CAMPBRANCH 080200 3095
SPENCER D101 CAMPBRANCH 080200 3096
SPENCER D101 CAMPBRANCH 080200 3099
SPENCER D101 CAMPBRANCH 080200 3100
SPENCER D101 CAMPBRANCH 080200 3101
SPENCER D101 CAMPBRANCH 080200 3102
SPENCER D101 CAMPBRANCH 080200 3103
SPENCER D101 CAMPBRANCH 080200 3104
SPENCER D101 CAMPBRANCH 080200 3108
SPENCER D101 CAMPBRANCH 080200 3109
SPENCER D101 CAMPBRANCH 080200 3110
SPENCER D101 CAMPBRANCH 080200 3111
SPENCER D101 CAMPBRANCH 080200 3112
SPENCER D101 CAMPBRANCH 080200 3115
SPENCER D101 CAMPBRANCH 080200 3116
SPENCER D101 CAMPBRANCH 080200 3117
SPENCER D101 CAMPBRANCH 080200 3119
SPENCER D101 CAMPBRANCH 080200 3120
SPENCER D102 CAMPBRANCH #2
SPENCER D103 WATERFORD #9
SPENCER E102 MT. EDEN #7
WARREN
WASHINGTON A101 MOORESVILLE
WASHINGTON A102 BRUSH GROVE
WASHINGTON A103 SHARPSVILLE
WASHINGTON B101 WILLISBURG
WASHINGTON B102 COURTHOUSE
WASHINGTON C101 CARDWELL
WASHINGTON C102 MACKVILLE
WASHINGTON C103 POTTSVILLE 930300 2009 0102
WASHINGTON C103 POTTSVILLE 930300 2011
WASHINGTON C103 POTTSVILLE 930300 2013 0202
WASHINGTON C103 POTTSVILLE 930300 2014
WASHINGTON C103 POTTSVILLE 930300 2030 0102
WASHINGTON C103 POTTSVILLE 930300 2047
WASHINGTON C103 POTTSVILLE 930300 2048
WASHINGTON C103 POTTSVILLE 930300 2049
WASHINGTON C103 POTTSVILLE 930300 2050
WASHINGTON C103 POTTSVILLE 930300 2067
WASHINGTON C103 POTTSVILLE 930300 2071
WASHINGTON D101 HOUSING PROJECT
WASHINGTON D102 HEALTH DEPT
WASHINGTON E101 LIBRARY
WASHINGTON E102 ARMORY
WASHINGTON F101 FREDERICKTOWN
WASHINGTON F102 CITY HALL

 

HISTORY: 2012 c 3, § 2, eff. 2-10-12

 

118B.130. Third Congressional District.

The Third Congressional District shall consist of the following territory:

–CENSUS–

 

COUNTY PREC NAME TRACT BLK SECT

 

JEFFERSON A105 PRECINCT 105 28 DISTRICT
JEFFERSON A107 PRECINCT 107 28 DISTRICT
JEFFERSON A108 PRECINCT 108 28 DISTRICT
JEFFERSON A111 PRECINCT 111 28 DISTRICT
JEFFERSON A113 PRECINCT 113 28 DISTRICT
JEFFERSON A114 PRECINCT 114 28 DISTRICT
JEFFERSON A115 PRECINCT 115 28 DISTRICT
JEFFERSON A118 PRECINCT 118 28 DISTRICT
JEFFERSON A119 PRECINCT 119 28 DISTRICT
JEFFERSON A121 PRECINCT 121 28 DISTRICT
JEFFERSON A122 PRECINCT 122 28 DISTRICT
JEFFERSON A123 PRECINCT 123 28 DISTRICT
JEFFERSON A124 PRECINCT 124 28 DISTRICT
JEFFERSON A125 PRECINCT 125 28 DISTRICT
JEFFERSON A126 PRECINCT 126 28 DISTRICT
JEFFERSON A127 PRECINCT 127 28 DISTRICT
JEFFERSON A128 PRECINCT 128 28 DISTRICT
JEFFERSON A129 PRECINCT 129 28 DISTRICT
JEFFERSON A130 PRECINCT 130 28 DISTRICT
JEFFERSON A131 PRECINCT 131 28 DISTRICT
JEFFERSON A134 PRECINCT 134 28 DISTRICT
JEFFERSON A135 PRECINCT 135 28 DISTRICT
JEFFERSON A136 PRECINCT 136 28 DISTRICT
JEFFERSON A137 PRECINCT 137 28 DISTRICT
JEFFERSON B119 PRECINCT 119 29 DISTRICT
JEFFERSON B124 PRECINCT 124 29 DISTRICT
JEFFERSON B125 PRECINCT 125 29 DISTRICT
JEFFERSON B127 PRECINCT 127 29 DISTRICT
JEFFERSON B130 PRECINCT 130 29 DISTRICT
JEFFERSON B131 PRECINCT 131 29 DISTRICT
JEFFERSON B132 PRECINCT 132 29 DISTRICT
JEFFERSON B133 PRECINCT 133 29 DISTRICT
JEFFERSON B134 PRECINCT 134 29 DISTRICT
JEFFERSON B143 PRECINCT 143 29 DISTRICT
JEFFERSON B149 PRECINCT 149 29 DISTRICT
JEFFERSON B151 PRECINCT 151 29 DISTRICT
JEFFERSON B152 PRECINCT 152 29 DISTRICT
JEFFERSON B153 PRECINCT 153 29 DISTRICT
JEFFERSON B154 PRECINCT 154 29 DISTRICT
JEFFERSON B155 PRECINCT 155 29 DISTRICT
JEFFERSON B156 PRECINCT 156 29 DISTRICT
JEFFERSON B157 PRECINCT 157 29 DISTRICT
JEFFERSON B158 PRECINCT 158 29 DISTRICT
JEFFERSON B159 PRECINCT 159 29 DISTRICT
JEFFERSON B160 PRECINCT 160 29 DISTRICT
JEFFERSON B162 PRECINCT 162 29 DISTRICT
JEFFERSON B163 PRECINCT 163 29 DISTRICT
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011102 1043
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011102 1051
JEFFERSON B166 PRECINCT 166 29 DISTRICT
JEFFERSON B167 PRECINCT 167 29 DISTRICT
JEFFERSON B168 PRECINCT 168 29 DISTRICT
JEFFERSON B169 PRECINCT 169 29 DISTRICT
JEFFERSON B170 PRECINCT 170 29 DISTRICT
JEFFERSON B171 PRECINCT 171 29 DISTRICT
JEFFERSON B172 PRECINCT 172 29 DISTRICT
JEFFERSON B173 PRECINCT 173 29 DISTRICT
JEFFERSON B175 PRECINCT 175 29 DISTRICT
JEFFERSON B177 PRECINCT 177 29 DISTRICT
JEFFERSON C101 PRECINCT 101 30 DISTRICT
JEFFERSON C102 PRECINCT 102 30 DISTRICT
JEFFERSON C103 PRECINCT 103 30 DISTRICT
JEFFERSON C104 PRECINCT 104 30 DISTRICT
JEFFERSON C105 PRECINCT 105 30 DISTRICT
JEFFERSON C106 PRECINCT 106 30 DISTRICT
JEFFERSON C108 PRECINCT 108 30 DISTRICT
JEFFERSON C109 PRECINCT 109 30 DISTRICT
JEFFERSON C110 PRECINCT 110 30 DISTRICT
JEFFERSON C111 PRECINCT 111 30 DISTRICT
JEFFERSON C113 PRECINCT 113 30 DISTRICT
JEFFERSON C115 PRECINCT 115 30 DISTRICT
JEFFERSON C122 PRECINCT 122 30 DISTRICT
JEFFERSON C123 PRECINCT 123 30 DISTRICT
JEFFERSON C124 PRECINCT 124 30 DISTRICT
JEFFERSON C125 PRECINCT 125 30 DISTRICT
JEFFERSON C126 PRECINCT 126 30 DISTRICT
JEFFERSON C128 PRECINCT 128 30 DISTRICT
JEFFERSON C129 PRECINCT 129 30 DISTRICT
JEFFERSON C130 PRECINCT 130 30 DISTRICT
JEFFERSON C131 PRECINCT 131 30 DISTRICT
JEFFERSON C133 PRECINCT 133 30 DISTRICT
JEFFERSON C134 PRECINCT 134 30 DISTRICT
JEFFERSON C135 PRECINCT 135 30 DISTRICT
JEFFERSON C136 PRECINCT 136 30 DISTRICT
JEFFERSON C137 PRECINCT 137 30 DISTRICT
JEFFERSON C138 PRECINCT 138 30 DISTRICT
JEFFERSON C139 PRECINCT 139 30 DISTRICT
JEFFERSON C140 PRECINCT 140 30 DISTRICT
JEFFERSON C141 PRECINCT 141 30 DISTRICT
JEFFERSON C142 PRECINCT 142 30 DISTRICT
JEFFERSON D101 PRECINCT 101 31 DISTRICT
JEFFERSON D104 PRECINCT 104 31 DISTRICT
JEFFERSON D106 PRECINCT 106 31 DISTRICT
JEFFERSON D108 PRECINCT 108 31 DISTRICT
JEFFERSON D109 PRECINCT 109 31 DISTRICT
JEFFERSON D110 PRECINCT 110 31 DISTRICT
JEFFERSON D113 PRECINCT 113 31 DISTRICT
JEFFERSON D114 PRECINCT 114 31 DISTRICT
JEFFERSON D115 PRECINCT 115 31 DISTRICT
JEFFERSON D116 PRECINCT 116 31 DISTRICT
JEFFERSON D117 PRECINCT 117 31 DISTRICT
JEFFERSON D120 PRECINCT 120 31 DISTRICT
JEFFERSON D121 PRECINCT 121 31 DISTRICT
JEFFERSON D122 PRECINCT 122 31 DISTRICT
JEFFERSON D126 PRECINCT 126 31 DISTRICT
JEFFERSON D129 PRECINCT 129 31 DISTRICT
JEFFERSON D130 PRECINCT 130 31 DISTRICT
JEFFERSON D131 PRECINCT 131 31 DISTRICT
JEFFERSON D132 PRECINCT 132 31 DISTRICT
JEFFERSON D135 PRECINCT 135 31 DISTRICT
JEFFERSON D136 PRECINCT 136 31 DISTRICT
JEFFERSON D137 PRECINCT 137 31 DISTRICT
JEFFERSON D138 PRECINCT 138 31 DISTRICT
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JEFFERSON E155 PRECINCT 155 32 DISTRICT
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JEFFERSON E158 PRECINCT 158 32 DISTRICT
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JEFFERSON E160 PRECINCT 160 32 DISTRICT
JEFFERSON E161 PRECINCT 161 32 DISTRICT
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JEFFERSON E163 PRECINCT 163 32 DISTRICT
JEFFERSON E164 PRECINCT 164 32 DISTRICT
JEFFERSON E165 PRECINCT 165 32 DISTRICT
JEFFERSON E166 PRECINCT 166 32 DISTRICT
JEFFERSON E167 PRECINCT 167 32 DISTRICT
JEFFERSON E168 PRECINCT 168 32 DISTRICT
JEFFERSON E169 PRECINCT 169 32 DISTRICT
JEFFERSON E171 PRECINCT 171 32 DISTRICT
JEFFERSON E172 PRECINCT 172 32 DISTRICT
JEFFERSON E173 PRECINCT 173 32 DISTRICT
JEFFERSON E174 PRECINCT 174 32 DISTRICT
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JEFFERSON F111 PRECINCT 111 33 DISTRICT
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JEFFERSON F143 PRECINCT 143 33 DISTRICT
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JEFFERSON F150 PRECINCT 150 33 DISTRICT
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JEFFERSON F154 PRECINCT 154 33 DISTRICT
JEFFERSON F155 PRECINCT 155 33 DISTRICT
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JEFFERSON F158 PRECINCT 158 33 DISTRICT
JEFFERSON F159 PRECINCT 159 33 DISTRICT
JEFFERSON F160 PRECINCT 160 33 DISTRICT
JEFFERSON F161 PRECINCT 161 33 DISTRICT
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JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2012
JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2017 0202
JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2018
JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2019
JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2021
JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2022
JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2023 0202
JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2026 0202
JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2027
JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2028
JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2029
JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2030
JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2031
JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2032
JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2033
JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2034
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JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2043
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JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2046
JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2047
JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2048
JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2049
JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2050
JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2051
JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2052
JEFFERSON F162 PRECINCT 162 33 DISTRICT 010402 2053
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JEFFERSON F162 PRECINCT 162 33 DISTRICT 010706 4004
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JEFFERSON F162 PRECINCT 162 33 DISTRICT 011601 1069 0202
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JEFFERSON F164 PRECINCT 164 33 DISTRICT
JEFFERSON F165 PRECINCT 165 33 DISTRICT
JEFFERSON F166 PRECINCT 166 33 DISTRICT
JEFFERSON F167 PRECINCT 167 33 DISTRICT
JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2000
JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2001
JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2002
JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2003
JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2004
JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2005
JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2006
JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2007
JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2008
JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2009
JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2010
JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2013
JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2014
JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2015
JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2016
JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2017 0102
JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2020
JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2023 0102
JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2024
JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2025
JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 2026 0102
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JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 3012
JEFFERSON F168 PRECINCT 168 33 DISTRICT 010402 3013
JEFFERSON F168 PRECINCT 168 33 DISTRICT 011601 2012 0102
JEFFERSON F168 PRECINCT 168 33 DISTRICT 011601 2013
JEFFERSON F168 PRECINCT 168 33 DISTRICT 011601 2015
JEFFERSON F169 PRECINCT 169 33 DISTRICT
JEFFERSON F170 PRECINCT 170 33 DISTRICT
JEFFERSON F171 PRECINCT 171 33 DISTRICT
JEFFERSON F172 PRECINCT 172 33 DISTRICT
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JEFFERSON F175 PRECINCT 175 33 DISTRICT
JEFFERSON F176 PRECINCT F176 33 DISTRICT
JEFFERSON G103 PRECINCT 103 34 DISTRICT
JEFFERSON G104 PRECINCT 104 34 DISTRICT
JEFFERSON G106 PRECINCT 106 34 DISTRICT
JEFFERSON G107 PRECINCT 107 34 DISTRICT
JEFFERSON G108 PRECINCT 108 34 DISTRICT
JEFFERSON G109 PRECINCT 109 34 DISTRICT
JEFFERSON G111 PRECINCT 111 34 DISTRICT
JEFFERSON G112 PRECINCT 112 34 DISTRICT
JEFFERSON G116 PRECINCT 116 34 DISTRICT
JEFFERSON G117 PRECINCT 117 34 DISTRICT
JEFFERSON G119 PRECINCT 119 34 DISTRICT
JEFFERSON G120 PRECINCT 120 34 DISTRICT
JEFFERSON G121 PRECINCT 121 34 DISTRICT
JEFFERSON G122 PRECINCT 122 34 DISTRICT
JEFFERSON G123 PRECINCT 123 34 DISTRICT
JEFFERSON G124 PRECINCT 124 34 DISTRICT
JEFFERSON G126 PRECINCT 126 34 DISTRICT
JEFFERSON G129 PRECINCT 129 34 DISTRICT
JEFFERSON G140 PRECINCT 140 34 DISTRICT
JEFFERSON G141 PRECINCT 141 34 DISTRICT
JEFFERSON G142 PRECINCT 142 34 DISTRICT
JEFFERSON G143 PRECINCT 143 34 DISTRICT
JEFFERSON G144 PRECINCT 144 34 DISTRICT
JEFFERSON G145 PRECINCT 145 34 DISTRICT
JEFFERSON G146 PRECINCT 146 34 DISTRICT
JEFFERSON G147 PRECINCT 147 34 DISTRICT
JEFFERSON G148 PRECINCT 148 34 DISTRICT
JEFFERSON G149 PRECINCT 149 34 DISTRICT
JEFFERSON G150 PRECINCT 150 34 DISTRICT
JEFFERSON G151 PRECINCT 151 34 DISTRICT
JEFFERSON G154 PRECINCT 154 34 DISTRICT
JEFFERSON G155 PRECINCT 155 34 DISTRICT
JEFFERSON G156 PRECINCT 156 34 DISTRICT
JEFFERSON G157 PRECINCT 157 34 DISTRICT
JEFFERSON G158 PRECINCT 158 34 DISTRICT
JEFFERSON G159 PRECINCT 159 34 DISTRICT
JEFFERSON G160 PRECINCT 160 34 DISTRICT
JEFFERSON G161 PRECINCT 161 34 DISTRICT
JEFFERSON G162 PRECINCT 162 34 DISTRICT
JEFFERSON G163 PRECINCT 163 34 DISTRICT
JEFFERSON G164 PRECINCT 164 34 DISTRICT
JEFFERSON G165 PRECINCT 165 34 DISTRICT
JEFFERSON H102 PRECINCT 102 35 DISTRICT
JEFFERSON H103 PRECINCT 103 35 DISTRICT
JEFFERSON H105 PRECINCT 105 35 DISTRICT
JEFFERSON H106 PRECINCT 106 35 DISTRICT
JEFFERSON H109 PRECINCT 109 35 DISTRICT
JEFFERSON H110 PRECINCT 110 35 DISTRICT
JEFFERSON H111 PRECINCT 111 35 DISTRICT
JEFFERSON H112 PRECINCT 112 35 DISTRICT
JEFFERSON H113 PRECINCT 113 35 DISTRICT
JEFFERSON H114 PRECINCT 114 35 DISTRICT
JEFFERSON H115 PRECINCT 115 35 DISTRICT
JEFFERSON H116 PRECINCT 116 35 DISTRICT
JEFFERSON H117 PRECINCT 117 35 DISTRICT
JEFFERSON H118 PRECINCT 118 35 DISTRICT
JEFFERSON H120 PRECINCT 120 35 DISTRICT
JEFFERSON H121 PRECINCT 121 35 DISTRICT
JEFFERSON H123 PRECINCT 123 35 DISTRICT
JEFFERSON H124 PRECINCT 124 35 DISTRICT
JEFFERSON H125 PRECINCT 125 35 DISTRICT
JEFFERSON H126 PRECINCT 126 35 DISTRICT
JEFFERSON H127 PRECINCT 127 35 DISTRICT
JEFFERSON H130 PRECINCT 130 35 DISTRICT
JEFFERSON H131 PRECINCT 131 35 DISTRICT
JEFFERSON H132 PRECINCT 132 35 DISTRICT
JEFFERSON H133 PRECINCT 133 35 DISTRICT
JEFFERSON H134 PRECINCT 134 35 DISTRICT
JEFFERSON H138 PRECINCT 138 35 DISTRICT
JEFFERSON H140 PRECINCT 140 35 DISTRICT
JEFFERSON H141 PRECINCT 141 35 DISTRICT
JEFFERSON H144 PRECINCT 144 35 DISTRICT
JEFFERSON H145 PRECINCT 145 35 DISTRICT
JEFFERSON H146 PRECINCT 146 35 DISTRICT
JEFFERSON H147 PRECINCT 147 35 DISTRICT
JEFFERSON H148 PRECINCT 148 35 DISTRICT
JEFFERSON H149 PRECINCT 149 35 DISTRICT
JEFFERSON H150 PRECINCT 150 35 DISTRICT
JEFFERSON H151 PRECINCT 151 35 DISTRICT
JEFFERSON I103 PRECINCT 103 37 DISTRICT
JEFFERSON I104 PRECINCT 104 37 DISTRICT
JEFFERSON I105 PRECINCT 105 37 DISTRICT
JEFFERSON I106 PRECINCT 106 37 DISTRICT
JEFFERSON I107 PRECINCT 107 37 DISTRICT
JEFFERSON I109 PRECINCT 109 37 DISTRICT
JEFFERSON I110 PRECINCT 110 37 DISTRICT
JEFFERSON I111 PRECINCT 111 37 DISTRICT
JEFFERSON I112 PRECINCT 112 37 DISTRICT
JEFFERSON I114 PRECINCT 114 37 DISTRICT
JEFFERSON I115 PRECINCT 115 37 DISTRICT
JEFFERSON I117 PRECINCT 117 37 DISTRICT
JEFFERSON I120 PRECINCT 120 37 DISTRICT
JEFFERSON I122 PRECINCT 122 37 DISTRICT
JEFFERSON I123 PRECINCT 123 37 DISTRICT
JEFFERSON I124 PRECINCT 124 37 DISTRICT
JEFFERSON I125 PRECINCT 125 37 DISTRICT
JEFFERSON I126 PRECINCT 126 37 DISTRICT
JEFFERSON I127 PRECINCT 127 37 DISTRICT
JEFFERSON I129 PRECINCT 129 37 DISTRICT
JEFFERSON I130 PRECINCT 130 37 DISTRICT
JEFFERSON I133 PRECINCT 133 37 DISTRICT
JEFFERSON I135 PRECINCT 135 37 DISTRICT
JEFFERSON I138 PRECINCT 138 37 DISTRICT
JEFFERSON J101 PRECINCT 101 38 DISTRICT
JEFFERSON J104 PRECINCT 104 38 DISTRICT
JEFFERSON J105 PRECINCT 105 38 DISTRICT
JEFFERSON J107 PRECINCT 107 38 DISTRICT
JEFFERSON J108 PRECINCT 108 38 DISTRICT
JEFFERSON J110 PRECINCT 110 38 DISTRICT
JEFFERSON J111 PRECINCT 111 38 DISTRICT
JEFFERSON J113 PRECINCT 113 38 DISTRICT
JEFFERSON J114 PRECINCT 114 38 DISTRICT
JEFFERSON J117 PRECINCT 117 38 DISTRICT
JEFFERSON J119 PRECINCT 119 38 DISTRICT
JEFFERSON J120 PRECINCT 120 38 DISTRICT
JEFFERSON J122 PRECINCT 122 38 DISTRICT
JEFFERSON J123 PRECINCT 123 38 DISTRICT
JEFFERSON J127 PRECINCT 127 38 DISTRICT
JEFFERSON J128 PRECINCT 128 38 DISTRICT
JEFFERSON J129 PRECINCT 129 38 DISTRICT
JEFFERSON J130 PRECINCT 130 38 DISTRICT
JEFFERSON J131 PRECINCT 131 38 DISTRICT
JEFFERSON J135 PRECINCT 135 38 DISTRICT
JEFFERSON J137 PRECINCT 137 38 DISTRICT
JEFFERSON J138 PRECINCT 138 38 DISTRICT
JEFFERSON J139 PRECINCT 139 38 DISTRICT
JEFFERSON K103 PRECINCT 103 40 DISTRICT
JEFFERSON K104 PRECINCT 104 40 DISTRICT
JEFFERSON K105 PRECINCT 105 40 DISTRICT
JEFFERSON K107 PRECINCT 107 40 DISTRICT
JEFFERSON K108 PRECINCT 108 40 DISTRICT
JEFFERSON K110 PRECINCT 110 40 DISTRICT
JEFFERSON K111 PRECINCT 111 40 DISTRICT
JEFFERSON K112 PRECINCT 112 40 DISTRICT
JEFFERSON K113 PRECINCT 113 40 DISTRICT
JEFFERSON K114 PRECINCT 114 40 DISTRICT
JEFFERSON K116 PRECINCT 116 40 DISTRICT
JEFFERSON K117 PRECINCT 117 40 DISTRICT
JEFFERSON K118 PRECINCT 118 40 DISTRICT
JEFFERSON K119 PRECINCT 119 40 DISTRICT
JEFFERSON K121 PRECINCT 121 40 DISTRICT
JEFFERSON K122 PRECINCT 122 40 DISTRICT
JEFFERSON K123 PRECINCT 123 40 DISTRICT
JEFFERSON K125 PRECINCT 125 40 DISTRICT
JEFFERSON K126 PRECINCT 126 40 DISTRICT
JEFFERSON K127 PRECINCT 127 40 DISTRICT
JEFFERSON K128 PRECINCT 128 40 DISTRICT
JEFFERSON K129 PRECINCT 129 40 DISTRICT
JEFFERSON K130 PRECINCT 130 40 DISTRICT
JEFFERSON K131 PRECINCT 131 40 DISTRICT
JEFFERSON K132 PRECINCT 132 40 DISTRICT
JEFFERSON K133 PRECINCT 133 40 DISTRICT
JEFFERSON K134 PRECINCT 134 40 DISTRICT
JEFFERSON L104 PRECINCT 104 41 DISTRICT
JEFFERSON L107 PRECINCT 107 41 DISTRICT
JEFFERSON L108 PRECINCT 108 41 DISTRICT
JEFFERSON L110 PRECINCT 110 41 DISTRICT
JEFFERSON L111 PRECINCT 111 41 DISTRICT
JEFFERSON L112 PRECINCT 112 41 DISTRICT
JEFFERSON L113 PRECINCT 113 41 DISTRICT
JEFFERSON L115 PRECINCT 115 41 DISTRICT
JEFFERSON L117 PRECINCT 117 41 DISTRICT
JEFFERSON L118 PRECINCT 118 41 DISTRICT
JEFFERSON L119 PRECINCT 119 41 DISTRICT
JEFFERSON L134 PRECINCT 134 41 DISTRICT
JEFFERSON L135 PRECINCT 135 41 DISTRICT
JEFFERSON L136 PRECINCT 136 41 DISTRICT
JEFFERSON L138 PRECINCT 138 41 DISTRICT
JEFFERSON L139 PRECINCT 139 41 DISTRICT
JEFFERSON L140 PRECINCT 140 41 DISTRICT
JEFFERSON L141 PRECINCT 141 41 DISTRICT
JEFFERSON L142 PRECINCT 142 41 DISTRICT
JEFFERSON L143 PRECINCT 143 41 DISTRICT
JEFFERSON L144 PRECINCT 144 41 DISTRICT
JEFFERSON L145 PRECINCT 145 41 DISTRICT
JEFFERSON L146 PRECINCT 146 41 DISTRICT
JEFFERSON L147 PRECINCT 147 41 DISTRICT
JEFFERSON L148 PRECINCT 148 41 DISTRICT
JEFFERSON L149 PRECINCT L149 41 DISTRICT
JEFFERSON M102 PRECINCT 102 42 DISTRICT
JEFFERSON M103 PRECINCT 103 42 DISTRICT
JEFFERSON M104 PRECINCT 104 42 DISTRICT
JEFFERSON M105 PRECINCT 105 42 DISTRICT
JEFFERSON M106 PRECINCT 106 42 DISTRICT
JEFFERSON M107 PRECINCT 107 42 DISTRICT
JEFFERSON M110 PRECINCT 110 42 DISTRICT
JEFFERSON M120 PRECINCT 120 42 DISTRICT
JEFFERSON M121 PRECINCT 121 42 DISTRICT
JEFFERSON M123 PRECINCT 123 42 DISTRICT
JEFFERSON M124 PRECINCT 124 42 DISTRICT
JEFFERSON M129 PRECINCT 129 42 DISTRICT
JEFFERSON M130 PRECINCT 130 42 DISTRICT
JEFFERSON M131 PRECINCT 131 42 DISTRICT
JEFFERSON M132 PRECINCT 132 42 DISTRICT
JEFFERSON M133 PRECINCT 133 42 DISTRICT
JEFFERSON M134 PRECINCT 134 42 DISTRICT
JEFFERSON M137 PRECINCT 137 42 DISTRICT
JEFFERSON M138 PRECINCT 138 42 DISTRICT
JEFFERSON M139 PRECINCT 139 42 DISTRICT
JEFFERSON M140 PRECINCT 140 42 DISTRICT
JEFFERSON M141 PRECINCT 141 42 DISTRICT
JEFFERSON M142 PRECINCT 142 42 DISTRICT
JEFFERSON M143 PRECINCT 143 42 DISTRICT
JEFFERSON M144 PRECINCT 144 42 DISTRICT
JEFFERSON M145 PRECINCT 145 42 DISTRICT
JEFFERSON M146 PRECINCT 146 42 DISTRICT
JEFFERSON M147 PRECINCT 147 42 DISTRICT
JEFFERSON M148 PRECINCT 148 42 DISTRICT
JEFFERSON M149 PRECINCT 149 42 DISTRICT
JEFFERSON M150 PRECINCT 150 42 DISTRICT
JEFFERSON M153 PRECINCT 153 42 DISTRICT
JEFFERSON N101 PRECINCT 101 43 DISTRICT
JEFFERSON N102 PRECINCT 102 43 DISTRICT
JEFFERSON N103 PRECINCT 103 43 DISTRICT
JEFFERSON N104 PRECINCT 104 43 DISTRICT
JEFFERSON N105 PRECINCT 105 43 DISTRICT
JEFFERSON N106 PRECINCT 106 43 DISTRICT
JEFFERSON N107 PRECINCT 107 43 DISTRICT
JEFFERSON N108 PRECINCT 108 43 DISTRICT
JEFFERSON N109 PRECINCT 109 43 DISTRICT
JEFFERSON N110 PRECINCT 110 43 DISTRICT
JEFFERSON N111 PRECINCT 111 43 DISTRICT
JEFFERSON N112 PRECINCT 112 43 DISTRICT
JEFFERSON N113 PRECINCT 113 43 DISTRICT
JEFFERSON N115 PRECINCT 115 43 DISTRICT
JEFFERSON N117 PRECINCT 117 43 DISTRICT
JEFFERSON N119 PRECINCT 119 43 DISTRICT
JEFFERSON N124 PRECINCT 124 43 DISTRICT
JEFFERSON N125 PRECINCT 125 43 DISTRICT
JEFFERSON N126 PRECINCT 126 43 DISTRICT
JEFFERSON N127 PRECINCT 127 43 DISTRICT
JEFFERSON N128 PRECINCT 128 43 DISTRICT
JEFFERSON N130 PRECINCT 130 43 DISTRICT
JEFFERSON N131 PRECINCT 131 43 DISTRICT
JEFFERSON N132 PRECINCT 132 43 DISTRICT
JEFFERSON N133 PRECINCT 133 43 DISTRICT
JEFFERSON N134 PRECINCT 134 43 DISTRICT
JEFFERSON N135 PRECINCT 135 43 DISTRICT
JEFFERSON N136 PRECINCT 136 43 DISTRICT
JEFFERSON N137 PRECINCT 137 43 DISTRICT
JEFFERSON O105 PRECINCT 105 44 DISTRICT
JEFFERSON O107 PRECINCT 107 44 DISTRICT
JEFFERSON O109 PRECINCT 109 44 DISTRICT
JEFFERSON O111 PRECINCT 111 44 DISTRICT
JEFFERSON O112 PRECINCT 112 44 DISTRICT
JEFFERSON O113 PRECINCT 113 44 DISTRICT
JEFFERSON O114 PRECINCT 114 44 DISTRICT
JEFFERSON O115 PRECINCT 115 44 DISTRICT
JEFFERSON O116 PRECINCT 116 44 DISTRICT
JEFFERSON O117 PRECINCT 117 44 DISTRICT
JEFFERSON O119 PRECINCT 119 44 DISTRICT
JEFFERSON O121 PRECINCT 121 44 DISTRICT
JEFFERSON O123 PRECINCT 123 44 DISTRICT
JEFFERSON O124 PRECINCT 124 44 DISTRICT
JEFFERSON O126 PRECINCT 126 44 DISTRICT
JEFFERSON O127 PRECINCT 127 44 DISTRICT
JEFFERSON O128 PRECINCT 128 44 DISTRICT
JEFFERSON O129 PRECINCT 129 44 DISTRICT
JEFFERSON O130 PRECINCT 130 44 DISTRICT
JEFFERSON O131 PRECINCT 131 44 DISTRICT
JEFFERSON O133 PRECINCT 133 44 DISTRICT
JEFFERSON O134 PRECINCT 134 44 DISTRICT
JEFFERSON O135 PRECINCT 135 44 DISTRICT
JEFFERSON O136 PRECINCT 136 44 DISTRICT
JEFFERSON O137 PRECINCT 137 44 DISTRICT
JEFFERSON Q101 PRECINCT 101 46 DISTRICT
JEFFERSON Q103 PRECINCT 103 46 DISTRICT
JEFFERSON Q104 PRECINCT 104 46 DISTRICT
JEFFERSON Q105 PRECINCT 105 46 DISTRICT
JEFFERSON Q107 PRECINCT 107 46 DISTRICT
JEFFERSON Q109 PRECINCT 109 46 DISTRICT
JEFFERSON Q112 PRECINCT 112 46 DISTRICT
JEFFERSON Q113 PRECINCT 113 46 DISTRICT
JEFFERSON Q114 PRECINCT 114 46 DISTRICT
JEFFERSON Q115 PRECINCT 115 46 DISTRICT
JEFFERSON Q116 PRECINCT 116 46 DISTRICT
JEFFERSON Q117 PRECINCT 117 46 DISTRICT
JEFFERSON Q118 PRECINCT 118 46 DISTRICT
JEFFERSON Q119 PRECINCT 119 46 DISTRICT
JEFFERSON Q122 PRECINCT 122 46 DISTRICT
JEFFERSON Q123 PRECINCT 123 46 DISTRICT
JEFFERSON Q124 PRECINCT 124 46 DISTRICT
JEFFERSON Q125 PRECINCT 125 46 DISTRICT
JEFFERSON Q126 PRECINCT 126 46 DISTRICT
JEFFERSON Q127 PRECINCT 127 46 DISTRICT
JEFFERSON Q128 PRECINCT 128 46 DISTRICT
JEFFERSON Q129 PRECINCT 129 46 DISTRICT
JEFFERSON Q130 PRECINCT 130 46 DISTRICT
JEFFERSON Q131 PRECINCT 131 46 DISTRICT
JEFFERSON Q132 PRECINCT Q132 46 DISTRICT
JEFFERSON Q133 PRECINCT 133 46 DISTRICT
JEFFERSON Q134 PRECINCT 134 46 DISTRICT
JEFFERSON S116 PRECINCT 116 48 DISTRICT
JEFFERSON S117 PRECINCT 117 48 DISTRICT
JEFFERSON S118 PRECINCT 118 48 DISTRICT
JEFFERSON S119 PRECINCT 119 48 DISTRICT
JEFFERSON S122 PRECINCT 122 48 DISTRICT
JEFFERSON S125 PRECINCT 125 48 DISTRICT
JEFFERSON S126 PRECINCT 126 48 DISTRICT
JEFFERSON S128 PRECINCT 128 48 DISTRICT
JEFFERSON S129 PRECINCT 129 48 DISTRICT
JEFFERSON S130 PRECINCT 130 48 DISTRICT
JEFFERSON S131 PRECINCT 131 48 DISTRICT
JEFFERSON S132 PRECINCT 132 48 DISTRICT
JEFFERSON S133 PRECINCT 133 48 DISTRICT
JEFFERSON S135 PRECINCT 135 48 DISTRICT
JEFFERSON S137 PRECINCT 137 48 DISTRICT
JEFFERSON S139 PRECINCT 139 48 DISTRICT
JEFFERSON S140 PRECINCT 140 48 DISTRICT
JEFFERSON S141 PRECINCT 141 48 DISTRICT
JEFFERSON S142 PRECINCT 142 48 DISTRICT
JEFFERSON S143 PRECINCT 143 48 DISTRICT
JEFFERSON S144 PRECINCT 144 48 DISTRICT
JEFFERSON S145 PRECINCT 145 48 DISTRICT
JEFFERSON S146 PRECINCT 146 48 DISTRICT
JEFFERSON S147 PRECINCT 147 48 DISTRICT
JEFFERSON S148 PRECINCT 148 48 DISTRICT
JEFFERSON S150 PRECINCT 150 48 DISTRICT
JEFFERSON S151 PRECINCT 151 48 DISTRICT
JEFFERSON S152 PRECINCT 152 48 DISTRICT
JEFFERSON S153 PRECINCT 153 48 DISTRICT
JEFFERSON S154 PRECINCT 154 48 DISTRICT
JEFFERSON S155 PRECINCT 155 48 DISTRICT
JEFFERSON S156 PRECINCT 156 48 DISTRICT
JEFFERSON S157 PRECINCT 157 48 DISTRICT
JEFFERSON S159 PRECINCT 159 48 DISTRICT
JEFFERSON S160 PRECINCT 160 48 DISTRICT
JEFFERSON S161 PRECINCT 161 48 DISTRICT
JEFFERSON S162 PRECINCT S162 48 DISTRICT
JEFFERSON T101 PRECINCT 101 59 DISTRICT
JEFFERSON T102 PRECINCT 102 59 DISTRICT
JEFFERSON T103 PRECINCT 103 59 DISTRICT
JEFFERSON T104 PRECINCT 104 59 DISTRICT

HISTORY: 2012 c 3, § 3, eff. 2-10-12

 

118B.140. Fourth Congressional District.

The Fourth Congressional District shall consist of the following territory:

–CENSUS–

 

COUNTY PREC NAME TRACT BLK SECT

 

BOONE
BOYD A101 CATLETTSBURG
BOYD A107 ENGLAND HILL
BOYD A110 ELMWOOD-HILLTOP
BOYD A111 GARTRELL
BOYD A113 GARTIN
BOYD A114 CARP
BOYD A115 SOUTH ASHLAND
BOYD A116 RATCLIFF
BOYD A117 OAKVIEW
BOYD A121 CANNONSBURG 031100 2000
BOYD A121 CANNONSBURG 031100 2001
BOYD A121 CANNONSBURG 031100 2003
BOYD A121 CANNONSBURG 031100 2007
BOYD B101 CENTRAL
BOYD B102 POLLARD
BOYD B103 LEWIS
BOYD B105 DEBORD-TANNERY
BOYD B106 BARBER
BOYD B107 VINCENT
BOYD B108 MT ADAMS
BOYD B109 PRICHARD
BOYD B110 FOREST HILLS
BOYD B112 BRYSON
BOYD B114 BEECH
BOYD B115 GRAYSON-SPRINGHILL
BOYD B116 AVONDALE
BOYD B117 HILLENDALE
BOYD B118 RICE # 1
BOYD B119 RICE # 2
BOYD B121 POAGE
BOYD C103 KYOVA 031002 5015
BOYD C103 KYOVA 031002 5018
BOYD C103 KYOVA 031002 5019
BOYD C103 KYOVA 031002 5020
BOYD C104 HOODS CREEK
BOYD C105 FAIRVIEW
BOYD C106 BUCKLEY
BOYD C107 WESTWOOD
BOYD C108 MILLSEAT
BOYD C109 MOORE
BOYD C113 GREEN HILL
BOYD C114 MEADS 1
BOYD C115 ROCKDALE-SUMMITT
BOYD C116 WINSLOW-IRONVILLE
BOYD C117 MEADS 2 031100 1023
BOYD C117 MEADS 2 031100 1024
BOYD C117 MEADS 2 031100 1025
BOYD C117 MEADS 2 031100 1026
BOYD C117 MEADS 2 031100 1027
BOYD C117 MEADS 2 031100 1028
BOYD C117 MEADS 2 031100 1029
BOYD C117 MEADS 2 031100 1030
BOYD C117 MEADS 2 031100 1031
BOYD C117 MEADS 2 031100 1032
BOYD C117 MEADS 2 031100 1033
BOYD C117 MEADS 2 031100 1034
BOYD C117 MEADS 2 031100 1035
BOYD C117 MEADS 2 031100 1036
BOYD C117 MEADS 2 031100 1037
BOYD C117 MEADS 2 031100 1038
BOYD C117 MEADS 2 031100 1039
BOYD C117 MEADS 2 031100 1040
BOYD C117 MEADS 2 031100 1041
BOYD C117 MEADS 2 031100 1043
BOYD C117 MEADS 2 031100 1044
BOYD C117 MEADS 2 031100 1045
BOYD C117 MEADS 2 031100 1046
BOYD C117 MEADS 2 031100 1047
BOYD C117 MEADS 2 031100 1048
BOYD C117 MEADS 2 031100 1050
BOYD C117 MEADS 2 031100 1052
BOYD C117 MEADS 2 031100 1059
BOYD C117 MEADS 2 031100 1060
BOYD C117 MEADS 2 031100 1061
BOYD C117 MEADS 2 031100 1062
BOYD C117 MEADS 2 031100 1064
BOYD C117 MEADS 2 031100 1065
BOYD C117 MEADS 2 031100 1070
BRACKEN
CAMPBELL
CARROLL
GALLATIN
GRANT
GREENUP
HARRISON B102 LIBRARY 950400 2021 0202
HARRISON B102 LIBRARY 950400 2025
HARRISON B102 LIBRARY 950400 3000
HARRISON B102 LIBRARY 950400 3003 0202
HARRISON B102 LIBRARY 950400 3030 0202
HARRISON D101 COUNTY EXTENSION OFFICE 950300 1024
HARRISON D101 COUNTY EXTENSION OFFICE 950300 1027 0202
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2062
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2063
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2064
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2066
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2086
HARRISON D102 LEESBURG
HARRISON E101 WESTSIDE SCHOOL
HARRISON E102 CONNERSVILLE
HARRISON F101 SHERIFF’S OFFICE
HARRISON F102 NORTHSIDE SCHOOL
HARRISON G101 KINMAN
HARRISON G102 BERRY
HARRISON G103 DUTCH CHAPEL
HARRISON H101 KELAT
HARRISON H102 SUNRISE
HENRY
JEFFERSON B161 PRECINCT 161 29 DISTRICT
JEFFERSON B164 PRECINCT 164 29 DISTRICT
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011102 1052
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011102 1053
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011102 1054
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011102 1055
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011102 1057
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011102 1058
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011102 1060
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011102 1061
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011102 1062
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011520 2000
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011520 2001
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011520 2003
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011520 2007
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011601 1051
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011601 1070
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011601 1071
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011601 1072
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011601 1073
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011601 1074
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011601 1075
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011601 1076
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1020
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1021
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1022
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1023
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1024
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1025
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1026
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1027
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1028
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1029
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1030
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1039
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1040
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1041
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1042
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1043
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1044
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1045
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1049
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1066
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1067
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1068
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1069
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1070
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1071
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1072
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1073
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1083
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1084
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1085
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1088
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1090
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1091
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1092
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1093
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1094
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 1096
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2001
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2002
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2003
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2005
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2006
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2007
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2008
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2009
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2010
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2011
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2012
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2013
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2014
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2015
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2016
JEFFERSON B165 PRECINCT 165 29 DISTRICT 011604 2035
JEFFERSON B174 PRECINCT B174 29 DISTRICT
JEFFERSON B176 PRECINCT 176 29 DISTRICT
JEFFERSON F109 PRECINCT 109 33 DISTRICT
JEFFERSON F110 PRECINCT 110 33 DISTRICT
JEFFERSON F126 PRECINCT 126 33 DISTRICT
JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1001 0202
JEFFERSON F162 PRECINCT 162 33 DISTRICT 011102 1002 0202
JEFFERSON F168 PRECINCT 168 33 DISTRICT 011102 1000
JEFFERSON F168 PRECINCT 168 33 DISTRICT 011102 1001 0102
JEFFERSON F168 PRECINCT 168 33 DISTRICT 011102 1002 0102
JEFFERSON F168 PRECINCT 168 33 DISTRICT 011601 1032
JEFFERSON F174 PRECINCT 174 33 DISTRICT
JEFFERSON S149 PRECINCT 149 48 DISTRICT
JEFFERSON S158 158 PRECINCT 48 DISTRICT
JEFFERSON S163 PRECINCT 163 48 DISTRICT
KENTON
LEWIS
MASON
OLDHAM
OWEN
PENDLETON
SHELBY
SPENCER A101 TAYLORSVILLE #1
SPENCER B102 WATERFORD #10
SPENCER B103 WATERFORD #11
SPENCER C101 ELK CREEK
SPENCER C102 ELK CREEK #8
SPENCER D101 CAMPBRANCH 080200 3064
SPENCER D101 CAMPBRANCH 080200 3066
SPENCER D101 CAMPBRANCH 080200 3067
SPENCER E101 LITTLE MOUNT
TRIMBLE

HISTORY: 2012 c 3, § 4, eff. 2-10-12

 

118B.150. Fifth Congressional District.

The Fifth Congressional District shall consist of the following territory:

–CENSUS–

 

COUNTY PREC NAME TRACT BLK SECT

 

BELL
BOYD A108 DURBIN-ASHLAND OIL
BOYD A109 EAST FORK
BOYD A118 FANNIN 1
BOYD A119 FANNIN 2
BOYD A121 CANNONSBURG 031100 2002
BOYD A121 CANNONSBURG 031100 2004
BOYD A121 CANNONSBURG 031100 2005
BOYD A121 CANNONSBURG 031100 2006
BOYD A121 CANNONSBURG 031100 2008
BOYD A121 CANNONSBURG 031100 2009
BOYD A121 CANNONSBURG 031100 2010
BOYD A121 CANNONSBURG 031100 2011
BOYD A121 CANNONSBURG 031100 2012
BOYD A121 CANNONSBURG 031100 2013
BOYD A121 CANNONSBURG 031100 2014
BOYD A121 CANNONSBURG 031100 2015
BOYD A121 CANNONSBURG 031100 2016
BOYD A121 CANNONSBURG 031100 2017
BOYD A121 CANNONSBURG 031100 2018
BOYD A121 CANNONSBURG 031100 2023
BOYD A121 CANNONSBURG 031100 2024 0102
BOYD A121 CANNONSBURG 031100 2025
BOYD A121 CANNONSBURG 031100 2026
BOYD A121 CANNONSBURG 031100 2027
BOYD C102 PRINCESS
BOYD C103 KYOVA 031001 1000
BOYD C103 KYOVA 031001 1001
BOYD C103 KYOVA 031001 1002
BOYD C103 KYOVA 031001 1003
BOYD C103 KYOVA 031001 1004
BOYD C103 KYOVA 031001 1005
BOYD C103 KYOVA 031001 1006
BOYD C103 KYOVA 031001 1007
BOYD C103 KYOVA 031001 1008
BOYD C103 KYOVA 031001 1009
BOYD C103 KYOVA 031001 1013
BOYD C103 KYOVA 031001 1018
BOYD C103 KYOVA 031001 1030
BOYD C103 KYOVA 031001 1031
BOYD C103 KYOVA 031001 1036
BOYD C103 KYOVA 031001 1037
BOYD C103 KYOVA 031001 1038
BOYD C103 KYOVA 031001 1039
BOYD C103 KYOVA 031001 1040
BOYD C103 KYOVA 031001 1041
BOYD C103 KYOVA 031001 1042
BOYD C103 KYOVA 031001 1043
BOYD C103 KYOVA 031001 1045
BOYD C103 KYOVA 031001 1046
BOYD C103 KYOVA 031001 1047
BOYD C103 KYOVA 031001 1048
BOYD C103 KYOVA 031002 5010
BOYD C103 KYOVA 031002 5011
BOYD C103 KYOVA 031002 5012
BOYD C103 KYOVA 031002 5013
BOYD C103 KYOVA 031002 5014
BOYD C103 KYOVA 031002 5025
BOYD C103 KYOVA 031002 5026
BOYD C103 KYOVA 031002 5027
BOYD C103 KYOVA 031002 5028
BOYD C103 KYOVA 031002 5029
BOYD C103 KYOVA 031002 5030
BOYD C103 KYOVA 031002 5031
BOYD C103 KYOVA 031002 5032
BOYD C103 KYOVA 031002 5033
BOYD C103 KYOVA 031002 5034
BOYD C103 KYOVA 031002 5035
BOYD C103 KYOVA 031002 5036
BOYD C103 KYOVA 031002 5037
BOYD C103 KYOVA 031100 1055
BOYD C103 KYOVA 031100 1056
BOYD C103 KYOVA 031100 1057
BOYD C103 KYOVA 031100 1058
BOYD C103 KYOVA 031100 1063
BOYD C103 KYOVA 031100 1066
BOYD C103 KYOVA 031100 1067
BOYD C103 KYOVA 031100 1068
BOYD C103 KYOVA 031100 2019
BOYD C103 KYOVA 031100 2020
BOYD C117 MEADS 2 031100 1042
BOYD C117 MEADS 2 031100 1049
BOYD C117 MEADS 2 031100 1051
BOYD C117 MEADS 2 031100 1053
BOYD C117 MEADS 2 031100 1054
BREATHITT
CARTER
CLAY
ELLIOTT
FLOYD
HARLAN
JACKSON
JOHNSON
KNOTT
KNOX
LAUREL
LAWRENCE
LEE
LESLIE
LETCHER
LINCOLN
MAGOFFIN
MARTIN
MCCREARY
MORGAN
OWSLEY
PERRY
PIKE
PULASKI
ROCKCASTLE
ROWAN
WAYNE
WHITLEY

HISTORY: 2012 c 3, § 5, eff. 2-10-12

 

118B.160. Sixth Congressional District.

The Sixth Congressional District shall consist of the following territory:

–CENSUS–

 

COUNTY PREC NAME TRACT BLK SECT

 

ANDERSON
BATH
BOURBON
CLARK
ESTILL
FAYETTE
FLEMING
FRANKLIN
HARRISON A101 SOUTHSIDE
HARRISON A102 CLIFTON VILLAGE
HARRISON B101 CITY FIRE STATION #2
HARRISON B102 LIBRARY 950400 2024 0202
HARRISON B102 LIBRARY 950400 2039 0102
HARRISON B102 LIBRARY 950400 2040
HARRISON B102 LIBRARY 950400 2042
HARRISON B102 LIBRARY 950400 2043
HARRISON B102 LIBRARY 950400 2044
HARRISON B102 LIBRARY 950400 2045
HARRISON B102 LIBRARY 950400 2046
HARRISON B102 LIBRARY 950400 2047
HARRISON B102 LIBRARY 950400 2048
HARRISON B102 LIBRARY 950400 2049
HARRISON B102 LIBRARY 950400 2050
HARRISON B102 LIBRARY 950400 3001
HARRISON B102 LIBRARY 950400 3002
HARRISON B102 LIBRARY 950400 3006
HARRISON B102 LIBRARY 950400 3008
HARRISON B102 LIBRARY 950400 3009
HARRISON B102 LIBRARY 950500 2004
HARRISON B102 LIBRARY 950500 2005
HARRISON B102 LIBRARY 950500 2006
HARRISON B102 LIBRARY 950500 2013
HARRISON B102 LIBRARY 950500 2014
HARRISON B102 LIBRARY 950500 2015
HARRISON B102 LIBRARY 950500 2016
HARRISON B102 LIBRARY 950500 2017
HARRISON C101 BUENA VISTA
HARRISON C102 EASTSIDE SCHOOL
HARRISON D101 COUNTY EXTENSION OFFICE 950300 1025
HARRISON D101 COUNTY EXTENSION OFFICE 950300 1028
HARRISON D101 COUNTY EXTENSION OFFICE 950300 1037
HARRISON D101 COUNTY EXTENSION OFFICE 950300 1046
HARRISON D101 COUNTY EXTENSION OFFICE 950300 1047
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2047
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2048
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2049
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2050
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2051
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2052
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2065
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2067
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2068
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2087
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2088
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2089
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2090
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2091
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2092
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2093
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2094
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2095
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2096
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2097
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2098
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2099
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2100
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2105
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2106
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2107
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2108
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2109
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2110
HARRISON D101 COUNTY EXTENSION OFFICE 950300 2111
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1051
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1052
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1053
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1054
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1060
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1061
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1062
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1063
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1064
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1065
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1066
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1068
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1069
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1070
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1071
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1072
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1073
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1074
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1075
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1076
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1077
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1078
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1079
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1080
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1081
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1082
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1083
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1084
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1085
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1086
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1087
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1088
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1089
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1090
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1091
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1092
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1093
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1096
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1097
HARRISON D101 COUNTY EXTENSION OFFICE 950500 1098
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4013 0202
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4014 0202
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4015 0102
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4017 0102
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4018 0202
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4020 0102
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4021
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4022
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4029
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4030
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4031 0102
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4032
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4035
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4036
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4038
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4039
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4040
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4041
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4042
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4043
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4044
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4045
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4046
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4047
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4048
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4049
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4050
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4051
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4052
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4053
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4054
HARRISON D101 COUNTY EXTENSION OFFICE 950500 4055
JESSAMINE A101 EAST NICHOLASVILLE #1
JESSAMINE A102 EAST NICHOLASVILLE #2
JESSAMINE A103 WEST NICHOLASVILLE #1
JESSAMINE A104 WEST NICHOLASVILLE #2
JESSAMINE A105 WEST NICHOLASVILLE #3
JESSAMINE A106 KEENE PLACE
JESSAMINE A107 KEENE PLACE #2
JESSAMINE B101 MARBLE CREEK #1
JESSAMINE B102 MARBLE CREEK #2
JESSAMINE B103 MARBLE CREEK #3
JESSAMINE B104 THE VINEYARD
JESSAMINE B105 THE ORCHARD
JESSAMINE C101 SULPHUR WELL
JESSAMINE C102 LITTLE HICKMAN
JESSAMINE C103 MAPLE LEAF
JESSAMINE C104 S. E. NICHOLASVILLE #1
JESSAMINE C105 SOUTHBROOK
JESSAMINE C106 WEST PLACE
JESSAMINE C107 SOUTHEAST NICHOLASVILLE #2
JESSAMINE D101 NORTHEAST WILMORE #2 060400 4007 0203
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5014
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5015
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5016
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5017
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5018
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5019
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5020
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5034
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5035
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5036
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5037
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5038
JESSAMINE D101 NORTHEAST WILMORE #2 060400 5052
JESSAMINE D102 NORTHEAST WILMORE #1 060400 1002 0202
JESSAMINE D102 NORTHEAST WILMORE #1 060400 1006 0202
JESSAMINE D102 NORTHEAST WILMORE #1 060400 5002
JESSAMINE D103 BETHEL
JESSAMINE D105 HIGH BRIDGE 060400 4010
JESSAMINE D105 HIGH BRIDGE 060400 4011
JESSAMINE D105 HIGH BRIDGE 060400 4012
JESSAMINE D105 HIGH BRIDGE 060400 4016 0202
JESSAMINE D105 HIGH BRIDGE 060400 4018
JESSAMINE E101 NORTH KEENE 060101 2000 0102
JESSAMINE E101 NORTH KEENE 060101 2001 0102
JESSAMINE E101 NORTH KEENE 060101 2002 0102
JESSAMINE E101 NORTH KEENE 060101 2005 0202
JESSAMINE E101 NORTH KEENE 060101 3000
JESSAMINE E101 NORTH KEENE 060101 3001 0202
JESSAMINE E101 NORTH KEENE 060101 3002 0202
JESSAMINE E101 NORTH KEENE 060101 3003
JESSAMINE E101 NORTH KEENE 060101 3004 0202
JESSAMINE E101 NORTH KEENE 060101 3005 0202
JESSAMINE E101 NORTH KEENE 060101 3011 0202
JESSAMINE E101 NORTH KEENE 060101 3012
JESSAMINE E101 NORTH KEENE 060101 3013
JESSAMINE E101 NORTH KEENE 060101 3014
JESSAMINE E101 NORTH KEENE 060101 3028 0102
JESSAMINE E101 NORTH KEENE 060101 3029
JESSAMINE E101 NORTH KEENE 060600 2000 0202
JESSAMINE E101 NORTH KEENE 060600 2004 0202
JESSAMINE E102 SOUTH KEENE 060101 4000 0102
JESSAMINE E102 SOUTH KEENE 060101 4004
JESSAMINE E102 SOUTH KEENE 060101 4006
JESSAMINE E102 SOUTH KEENE 060101 4035
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1000
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1001
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1002
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1003
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1004
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1005
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1011
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1012
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1013
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1014
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1015
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1017
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1034
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1037
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1038
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1039
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1040
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1041
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1042
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 1043
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 2001
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 2004 0102
JESSAMINE E103 SOUTHLAND CHRISTIAN CH 060600 2005
JESSAMINE E105 IMPERIAL
JESSAMINE F101 S W NICHOLASVILLE #1
JESSAMINE F102 S W NICHOLASVILLE #2
JESSAMINE F103 S W NICHOLASVILLE #3
JESSAMINE F104 S W NICHOLASVILLE #4
JESSAMINE F105 S W NICHOLASVILLE #5
MADISON
MENIFEE
MONTGOMERY
NICHOLAS
POWELL
ROBERTSON
SCOTT
WOLFE
WOODFORD

 

HISTORY: 2012 c 3, § 6, eff. 2-10-12

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CHAPTER 119 Election Offenses and Prosecutions

119.005. Definitions.

(1) A “ballot” or “official ballot” means the voting machine ballot label, ballot cards, paper ballots, an absentee ballot, a special ballot, or a supplemental paper ballot which has been authorized for the use of the voters in any primary, general or special election by the Secretary of State or the county clerk;

(2) “Ballot label” means the cards, papers, booklet, pages or other material on which appear the names of candidates and the questions to be voted on by means of ballot cards or voting machines;

(3) “Ballot card” means a tabulating card on which votes may be recorded by a voter by use of a voting punch device or by marking with a pen or special marking device;

(4) “Voting machine” or “machine” shall include lever machines and, as far as applicable, any electronic or electromechanical unit and supplies utilized or relied upon by a voter in casting and recording his vote in an election.

HISTORY: 1982 c 360, § 11, eff. 7-15-82

119.010. Definition of “political party.” [Repealed.]

119.015. Clerk making or permitting wrongful registration, or failing or refusing to deliver copies of registration records.

Any county clerk or deputy county clerk who falsely or fraudulently registers the name of any person, or permits any person to register knowing that the person is not entitled to register, or who fails or refuses to deliver copies of the registration records to a person entitled thereto, shall be guilty of a Class D felony.

HISTORY: 1990 c 48, § 64, eff. 7-13-90; 1974 c 130, § 63

119.020. Political parties must nominate candidates by primary — Exceptions — Vacancy in nomination. [Repealed.]

119.025. Wrongful registration.

Any person who knowingly or fraudulently causes himself to be registered in more than one (1) precinct, or to be registered more than once, or in a precinct other than the one in which he is a legal voter, or who registers under any name other than his real name, or who gives a false address, or who in any manner causes himself to be registered when he is not legally entitled to register, or who makes a false oath as to his ability to read or write, or who knowingly or fraudulently aids, abets, counsels or advises in the commission of any such act, shall be subject to the penalties prescribed for Class D felonies.

HISTORY: 1990 c 48, § 65, eff. 7-13-90; 1974 c 130, § 64

119.030. Unexpired terms — Nominations for. [Repealed.]

119.035. Alteration, suppression, mutilation, or destruction of registration record — Making or using false or fraudulent record.

Any person who fraudulently or unlawfully alters any registration record, or fraudulently adds any name thereto, or willfully secretes, suppresses, mutilates or destroys any registration record, or makes or uses any false or fraudulent registration record, and any person who aids or abets in the commission of such act, shall be subject to the penalties prescribed for Class D felonies.

HISTORY: 1990 c 48, § 66, eff. 7-13-90; 1974 c 130, § 65

119.040. Time and place of holding primary. [Repealed.]

119.045. Interfering with registration.

Any person who attempts to or forcibly prevents any person from registering, or in any way unlawfully interferes with any person registering, or prevents or interferes with a clerk or registration officer in carrying out his duties with relation to the registration of voters, shall be guilty of a Class A misdemeanor.

HISTORY: 1990 c 48, § 67, eff. 7-13-90; 1974 c 130, § 66

119.050. Qualifications for nomination — Form of nomination papers. [Repealed.]

119.055. Procedure for candidate to get name on primary ballot. [Repealed.]

119.056. Alteration, mutilation, or suppression of nomination papers.

Any person in possession of nomination papers for attaining ballot access entitled to be filed under the statutes relating to primaries, regular and special elections who wrongfully alters, mutilates or suppresses such papers, or wrongfully fails to cause them to be filed at the proper time in the proper office, shall be guilty of a Class A misdemeanor.

HISTORY: 2008 c 79, § 9, eff. 7-15-08; 1990 c 48, § 68, eff. 7-13-90; 1974 c 130, § 67

119.060. “Dummy” candidates prohibited. [Repealed.]

119.065. Forgery of nomination papers.

Any person who forges the name of a signer to a nomination paper shall be guilty of a Class C felony.

HISTORY: 1990 c 48, § 69, eff. 7-13-90; 1974 c 130, § 68

119.070. Special provisions for nomination of candidates for judicial offices. [Repealed.]

119.075. Special provisions for nomination of candidates serving in armed forces. [Repealed.]

119.076. Clerk’s failure to place candidate’s name on ballot.

Any county clerk who willfully and knowingly refuses or fails to have the name of any candidate printed upon the official ballot in the manner provided by law shall be guilty of a Class D felony.

HISTORY: 1990 c 48, § 70, eff. 7-13-90; 1974 c 130, § 69

119.080. Where and when nomination paper to be filed. [Repealed.]

119.085. Challenging good faith of candidate. [Repealed.]

119.086. Clerk’s failure to use proper paper for ballots. [Repealed.]

119.090. Unopposed candidate entitled to certificate of nomination. [Repealed.]

119.095. Printer’s violation of duty in printing ballots.

Any printer of ballots, or person employed in printing ballots, who prints or permits to be printed any ballot in any other form than the one prescribed by law, or with any name or device placed, spelled or arranged thereon other than as authorized and directed by the county clerk, or who gives or delivers, or knowingly permits to be taken, any ballot by any person other than the county clerk for whom the ballots are being printed, shall be guilty of a Class C felony.

HISTORY: 1990 c 48, § 71, eff. 7-13-90; 1974 c 130, § 71

119.100. Inspection of nomination papers. [Repealed.]

119.105. Removal or destruction of election supplies or booths.

(1) Any person who steals or willfully destroys any of the election supplies required to be furnished by the county clerk shall be fined not less than fifty dollars ($50) nor more than two hundred dollars ($200), and imprisoned in the county jail for not less than one (1) month nor more than six (6) months.

(2) Any person who, during an election, knowingly and willfully removes or defaces the cards printed for the instruction of the voters, or destroys or removes any booth or other convenience provided for the election, or induces or attempts to induce any person to commit any such act, shall be imprisoned in the county jail for not less than six (6) months nor more than one (1) year.

HISTORY: 1974 c 130, § 72, eff. 6-21-74

119.110. When nomination papers to be destroyed. [Repealed.]

119.115. Unauthorized possession of key to voting machine — Tampering with, injuring, or destroying ballot labels or voting machines.

(1) Any unauthorized person found in possession of any key to a voting machine to be used or being used in any primary, general, or special election shall be guilty of a Class A misdemeanor.

(2) Any person who, during or before any primary, general, or special election, willfully tampers with or attempts to tamper with, disarrange, deface, or impair in any manner whatsoever, injures, or destroys any ballot label, or destroys any such voting machine while in use at an election or at any other time, or who shall, after such machine is locked and sealed in order to preserve the record of the vote, tamper with or attempt to tamper with the record of the vote, or who aids or abets with intent to destroy or change the record of the vote shall be guilty of a Class D felony.

(3) Any election official, or other person entrusted with the custody or control of any voting machine who, with intent to cause or permit any voting machine to fail to correctly register votes cast thereon, tampers with or disarranges such machine in any way, unlawfully opens such voting machine, prevents or attempts to prevent the correct operation of such voting machine or causes such voting machine to be used or consents to its being used for any election with knowledge of the fact that the machine is not in order, or not perfectly set and adjusted to correctly register all votes cast thereon, or removes, changes, or mutilates any ballot label on a voting machine shall be guilty of a Class D felony.

HISTORY: 1992 c 463, § 11, eff. 7-14-92; 1990 c 48, § 72; 1984 c 111, § 65; 1974 c 277, § 1

119.120. Register of candidates. [Repealed.]

119.125. Sheriff’s failure to hold election or perform other election duties.

Any sheriff who willfully fails to cause an election to be held, as required by law, shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Any sheriff who willfully fails to perform any other duty concerning an election, for which there is no penalty specifically prescribed, shall be fined not less than twenty dollars ($20) nor more than two hundred dollars ($200).

HISTORY: 1974 c 130, § 73, eff. 6-21-74

119.130. Certification of candidates by Secretary of State — Order of listing county officers. [Repealed.]

119.135. Election officer’s failure to perform duty. [Repealed.]

119.140. Order of names on ballot — How determined. [Repealed.]

119.145. Election officer’s refusal to admit challenger.

Any election officer who refuses to permit any challenger of any political party having a ticket to be voted for at an election, who has been duly appointed and presents a duly attested certificate of appointment, to perform his duties as challenger, shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500).

HISTORY: 1974 c 130, § 75, eff. 6-21-74

119.150. Order of offices on ballot. [Repealed.]

119.155. Preventing voter from casting ballot — Interfering with election.

(1) Any person who unlawfully prevents or attempts to prevent any voter from casting his ballot, or intimidates or attempts to intimidate any voter so as to prevent him from casting his ballot, or who unlawfully interferes with the election officers in the discharge of their duties, shall be guilty of a Class D felony.

(2) Any person who, by himself or in aid of others, forcibly breaks up or prevents, or attempts to break up or prevent, or obstructs or attempts to obstruct, the lawful holding of an election, shall be guilty of a Class A misdemeanor.

HISTORY: 1990 c 48, § 73, eff. 7-13-90; 1974 c 130, § 76

119.160. Clerk’s duties in regard to placing names on ballots. [Repealed.]

119.165. False personation of a voter — Nonresident or unqualified person voting.

(1) Any person who falsely personates a registered voter, and receives and casts a ballot by means of such personation, shall be guilty of a Class D felony. An attempt at such personation shall constitute a Class A misdemeanor.

(2) Any person who, by means other than falsely personating a registered voter, votes at an election in this state when he is a resident of another state or country, or votes more than once at an election, or votes by use of the naturalization papers of another person, shall be guilty of a Class D felony. Any person who knowingly votes or attempts to vote in a precinct other than the one in which he resides shall be guilty of a Class A misdemeanor, unless by voting in a precinct in which he does not live he is enabled to vote in a race or on a matter in which he could not vote in his proper precinct in which case he shall be guilty of a Class D felony. Any person who lends or hires his or another’s naturalization papers to be used for the purpose of voting shall be subject to the same penalty.

(3) Any resident of this state who, by means other than falsely personating a registered voter, votes at a regular or special election before he has resided in this state thirty (30) days, or in the county and precinct where the election is held the time required by law, or before he has attained full age, or before he has become a citizen, shall be guilty of a Class B misdemeanor.

(4) Any person who, by means other than falsely personating a registered voter, votes in a primary election knowing that he is not qualified as provided in KRS 116.055, shall be guilty of a violation.

(5) Any person who applies for or receives a ballot at any voting place other than the one at which he is entitled to vote, under circumstances not constituting a violation of any of the provisions of subsections (1) to (4) of this section, shall be guilty of a Class A misdemeanor.

HISTORY: 1992 c 463, § 12, eff. 7-14-92; 1990 c 48, § 74; 1974 c 130, § 77

119.170. Court may compel compliance with law as to placing names on ballots. [Repealed.]

119.175. Receipt of illegal vote or rejection of legal vote by election officer.

(1) Except as provided in subsection (2) of this section, any officer of election who receives, assents to receive or records a vote at an election at a time or place known by him not to be the time and place lawfully appointed, or who knowingly receives the vote of any person other than a qualified voter, or refuses to receive the vote of a qualified voter, shall, for each offense, be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500), and shall forfeit any office he holds and be disqualified from ever holding any office.

(2) Any judge of a primary election who knowingly receives a vote of an elector who is not qualified to vote in the primary election under KRS 116.055 shall be fined one hundred dollars ($100) for each offense.

HISTORY: 1974 c 130, § 78, eff. 6-21-74

119.180. Form of ballots — Sample ballots. [Repealed.]

119.185. Disobeying election officer’s command.

Any person who willfully disobeys any lawful command of an election officer, given in the execution of his duty as such at an election, shall be fined not less than twenty-five dollars ($25) nor more than five hundred dollars ($500).

HISTORY: 1974 c 130, § 79, eff. 6-21-74

119.190. Publication of names of candidates by county clerk. [Repealed.]

119.195. Removing or tampering with ballots.

(1) Any person who, during an election, knowingly and willfully removes or attempts to remove an official ballot from the election room, or has in his possession outside the election room any official ballot, either genuine or counterfeit, shall be guilty of a Class D felony.

(2) Any voter who attempts to leave the election room with an official ballot in his possession shall at once be arrested on demand of either of the judges of election and shall be guilty of a violation, unless the act was done knowingly in which event he shall be guilty of a Class A misdemeanor.

(3) Any person who takes or removes in any manner, feloniously or with the consent or permission of the custodian, any official ballot from any place where it may lawfully be, or knowingly and willfully has in his possession or custody any such official ballot, except as an officer or custodian under the law or while within the polling place for the purpose of voting, and any custodian or officer who permits any official ballot to be removed or carried away from the place where it may lawfully be by any person other than the officer or custodian whose duty it is to receive it, shall be guilty of a Class C felony.

(4) Any election officer, or other person entrusted with the custody or control of any official ballot, either before or after it has been voted, who in any way marks, mutilates, or defaces any official ballot or places any distinguishing mark thereon, for the purpose of vitiating the official ballot, shall be guilty of a Class C felony.

(5) Any person who unlawfully destroys or attempts to destroy any official ballot box used, or any official ballot deposited, at any election, or who unlawfully, by force, fraud, or other improper means, obtains or attempts to obtain possession of any ballot box or any official ballot therein deposited, while the voting at any election is going on or before the official ballots are duly taken out and counted according to law, shall be guilty of a Class D felony.

(6) Any election officer who mutilates or tampers with any of the seals, or destroys or removes any official ballots required to be preserved, shall be guilty of a Class D felony.

(7) Any county clerk who knowingly and willfully opens any ballot box and removes any official ballot therefrom, or removes, destroys, or tampers with a ballot box and official ballots left in his care and custody, or permits any other person to do so, during the period the boxes are required to remain locked in his office, shall be guilty of a Class D felony.

(8) Any person who removes, mutilates, or destroys, or adds any new official ballots to, the regular official ballots that have been counted and prepared for preservation, or that have already been preserved, so that the result of the election in the precinct or county is changed, shall be guilty of a Class D felony.

(9) Any person who tampers with or changes the official ballots, or opens the receptacles in which the official ballots are contained without the order of the court, after the ballots have been sent to the Franklin County courthouse in connection with the contest of a constitutional amendment, shall be guilty of a Class D felony.

HISTORY: 1992 c 463, § 13, eff. 7-14-92; 1990 c 48, § 75; 1976 ex s, c 1, § 14; 1974 c 130, § 80, c 277, § 2

119.200. Qualifications of voters. [Repealed.]

119.205. Making or receiving expenditures for vote, for withholding of vote, or for signing a petition to have public question on ballot — Definition of “expenditure” — Procedures for paying for transportation of voters — Applicability of KRS 502.020.

(1) Any person who makes or offers to make an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate or public question at an election shall be guilty of a Class D felony.

(2) Any person who solicits, accepts, or receives any such expenditure as payment or consideration for his vote, or the withholding of his vote, or to vote for or against any candidate or public question at an election shall be guilty of a Class D felony.

(3) Any person who makes or offers to make an expenditure to any person to sign a petition to have a public question placed on the ballot, or any person who solicits, accepts, or receives any such expenditure as payment or consideration to sign a petition to have a public question placed on the ballot, shall be guilty of a Class B misdemeanor.

(4) For purposes of this section, “expenditure” means any of the following when intended as payment or consideration for voting or withholding a vote, voting for or against any candidate or public question, or signing a petition to have a public question placed on the ballot:

(a) A payment, distribution, loan, advance, deposit, or gift of money or anything of value; or

(b) A contract, promise, or agreement, express or implied, whether or not legally enforceable, to make a payment, distribution, loan, advance, deposit, or gift of money or anything of value.

“Expenditure,” as used in this section, shall not include the distribution of materials bearing the name, likeness, or other identification of a candidate, political party, committee, or organization, or position on a public question and not intended as payment or consideration for voting or withholding a vote, voting for or against any candidate or public question, or signing a petition to have a public question placed on the ballot.

(5) Any candidate or committee, or any person on his behalf, who pays any person, including campaign workers, for transporting voters to the polls on the day of the election, shall make all payments by check. All payments, regardless of amount, shall be reported to the Registry of Election Finance in the manner that the Registry shall provide by administrative regulation. Any person who knowingly violates any requirement of this subsection shall be guilty of a Class B misdemeanor.

(6) In addition to the above provisions, a person may be convicted of a violation of this section pursuant to KRS 502.020.

HISTORY: 2000 c 53, § 1, eff. 7-14-00; 1991 1st ex s, c 5, § 1, eff. 2-15-91

119.207. Prohibition against paying compensation based upon number or characteristics of voters registered.

Any person who provides compensation or makes any such expenditure as payment or consideration for registering voters that is based upon the total number of voters a person registers or the total number of voters a person registers in a particular party, political group, political organization, or voters of independent status shall be guilty of a Class B misdemeanor.

HISTORY: 2006 c 107, § 1, eff. 3-30-06

119.210. Challengers. [Repealed.]

119.215. Providing another with intoxicants on election day. [Repealed]

119.220. Manner of issuing, marking and casting ballots. [Repealed.]

119.225. Denial of rights of inspectors by county board of elections.

Any member of a county board of elections who refuses to permit an inspector designated under KRS 117.275 and 117.315 to exercise free and full action in witnessing the count of the ballots, or interferes with the right of such an inspector to have a free and full opportunity to witness the count of the ballots, shall be guilty of a Class A misdemeanor.

HISTORY: 1990 c 48, § 77, eff. 7-13-90; 1982 c 394, § 35; 1974 c 130, § 83

119.230. Canvassing returns — Issuance of certificates of nomination. [Repealed.]

119.235. Alteration, suppression, or destruction of stub book, return, or certificate of election.

Any person who willfully alters, obliterates, secretes, suppresses or destroys a stub book, return or certificate of election, and any officer who makes, aids in making or authorizes the making of any false or fraudulent stub book, certificate of election or election return, shall be guilty of a Class D felony.

HISTORY: 1990 c 48, § 78, eff. 7-13-90; 1974 c 130, § 84

119.240. Plurality of votes nominates candidate. [Repealed.]

119.245. Violation of law or failure to perform duty by member of board of elections.

Any member of the State Board of Elections or of a county board of elections who willfully and knowingly violates any provision of the statutes relating to his duties, or fails to execute faithfully any of the duties imposed upon him by law, for which no other penalty is provided, shall be guilty of a Class B misdemeanor.

HISTORY: 1990 c 48, § 79, eff. 7-13-90; 1982 c 394, § 36; 1974 c 130, § 85

119.250. County clerk’s fees. [Repealed.]

119.255. Intimidation of election officer or board of elections.

Any person who, by threat of violence or in any other manner, intimidates or attempts to intimidate the election officers, the State Board of Elections or a county board of elections in the performance of their duty and any persons who conspire together and go forth armed for the purpose of intimidating said officers, shall be guilty of a Class D felony.

HISTORY: 1990 c 48, § 80, eff. 7-13-90; 1982 c 394, § 37; 1974 c 130, § 86

119.260. Regular election laws apply to primaries. [Repealed.]

119.265. Violation of duties for which no other penalty provided.

Any public officer who willfully neglects to perform a duty imposed upon him under the election laws, for which no other penalty is provided, or who willfully performs such duty in a way that hinders the objects of the election laws, shall be guilty of a Class B misdemeanor.

HISTORY: 1990 c 48, § 81, eff. 7-13-90; 1974 c 130, § 87

119.275. Advising or assisting violation of election laws.

Any person who counsels, advises, procures or aids in the commission of any of the offenses named in this chapter shall incur the penalty provided for committing such offense.

HISTORY: 1974 c 130, § 88, eff. 6-21-74

119.277. Prohibitions against holding elective office.

Any person who shall have been convicted of any election law offense which is a Class A misdemeanor shall not be permitted to hold elective office for a period of five (5) years following the conviction. Any person who shall have been convicted of any election law offense which is a felony shall not be permitted to hold elective office until his civil rights have been restored by executive pardon.

HISTORY: 1988 c 341, § 17, eff. 7-15-88

119.285. Irregularity or defect in conduct of election no defense.

Irregularities or defects in the mode of convening or conducting an election shall constitute no defense to a prosecution for a violation of the election laws.

HISTORY: 1974 c 130, § 89, eff. 6-21-74

119.295. Applicability of penalties for regular elections to primaries and to elections for United States Senator.

(1) Any act or deed denounced by the statutes concerning regular elections or concerning elections generally shall be an offense when committed in connection with a primary election held under KRS Chapter 118, and shall be punished in the same manner, and all the penalties for violation of the regular election laws shall apply with equal force to all similar violations of the provisions of the statutes relating to primary elections.

(2) Penalties prescribed for offenses against the election laws in the election of other officers shall apply to elections for United States Senator.

HISTORY: 1974 c 130, § 90, eff. 6-21-74

119.305. Report by election officers of violations — Arrest of offenders.

Election officers shall give information of all infractions of the election laws to the grand jury, Commonwealth’s attorney, Attorney General and the Registry of Election Finance. The election officers shall cooperate in any investigation or prosecution of election law violations. When there is reason to fear that an offender will escape out of the county before indictment, any election officer may procure his immediate apprehension.

HISTORY: 1988 c 341, § 38, eff. 7-15-88; 1974 c 130, § 91

119.307. Report to grand jury on election officials inexcusably absent — Subject to prosecution.

The county board of elections shall present to the grand jury next convening subsequent to each election the names of those election officials who failed to appear and serve at the election and who had not been properly excused. Any such person may be subpoenaed and inquiry made of his absence, and if no good cause be shown, he shall be subject to prosecution.

HISTORY: 1988 c 341, § 18, eff. 7-15-88

119.310. Persons entitled to have name placed on ballot for regular election. [Repealed.]

119.315. Grand jury may compel testimony as to violation of election laws.

Except as provided in KRS 119.325, any person who refuses, when summoned, to testify on oath before a grand jury as to any knowledge he may possess concerning any violation of law in relation to elections in the county during the preceding eighteen (18) months shall be imprisoned until he submits, and be fined not less than ten dollars ($10) nor more than thirty dollars ($30) by the court, and a like sum for each daily repetition of the contempt.

HISTORY: 1974 c 130, § 92, eff. 6-21-74

119.320. Nomination for regular election by petition. [Repealed.]

119.325. Refusal to produce evidence of corrupt practices when summoned by grand jury a Class A misdemeanor.

Any person having the possession of any books, correspondence or papers of a corporation that may show or tend to show any violation of the provisions of KRS 121.025, or of KRS 121.045 or 121.055, or of subsection (1) of KRS 121.310, who refuses, when summoned by a grand jury, to produce such books, correspondence or papers, or to appear and testify concerning them or to give any other evidence material to the matter under investigation, shall be guilty of a Class A misdemeanor.

HISTORY: 1990 c 48, § 82, eff. 7-13-90; 1974 c 130, § 93

119.330. Nomination by minor political parties, and by major political parties for certain offices. [Repealed.]

119.335. Evidence required to support conviction for violation of election laws.

No person shall be convicted of a violation of any of the statutes relating to elections upon the testimony of only one (1) witness, unless sustained by strong corroborating circumstances.

HISTORY: 1974 c 130, § 94, eff. 6-21-74

119.340. Effect of conflicting certificates and petitions of nomination. [Repealed.]

119.345. Witness not exempted from giving incriminating testimony — Immunity except from perjury charge.

(1) At the discretion of the prosecuting attorney, in any prosecution under the election laws it shall be no exemption for a witness that his information may criminate himself, and no such information given by a witness shall be used against him in any prosecution, except for perjury, and if used on behalf of the Commonwealth he shall stand discharged from all penalties for any violation of the election laws so necessarily disclosed in the information he so discloses as tending to convict the accused.

(2) The statement of any person testifying in any case pending under the provisions of KRS 121.025, 121.045, 121.055, or subsection (1) of KRS 121.310 shall not be used against him in any prosecution or civil proceeding.

HISTORY: 1988 c 341, § 39, eff. 7-15-88; 1974 c 130, § 95

119.350. Defeated primary candidate barred from having name on regular election ballot — Exception for judicial candidate. [Repealed.]

119.355. Limitation of prosecutions.

No prosecution shall be had under the election laws where the penalty is less than confinement in the penitentiary unless the prosecution is commenced within two (2) years from the time of the commission of the offense.

HISTORY: 1974 c 130, § 96, eff. 6-21-74

119.360. Where and by whom certificates and petitions of nomination to be filed–[Repealed.]

119.370 When certificates and petitions of nomination to be filed–[Repealed.]

119.380 Independent candidates filing to fill vacancy–[Repealed.]

119.390 Time certificates and petitions to be filed–[Repealed.]

119.400 Arrangement of judicial ballots–[Repealed.]

119.410 Name of candidate to appear but once–[Repealed.]

119.420 Constitutional amendments–[Repealed.]

119.430 State board to issue certificates of election for state and district offices; tie votes–[Repealed.]

119.990 Penalties–[Repealed.]

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CHAPTER 120 Election Contests

Definitions

120.005. Definitions.

(1) A “ballot” or “official ballot” means the voting machine ballot label, ballot cards, paper ballots, an absentee ballot, a special ballot, or a supplemental paper ballot which has been authorized for the use of the voters in any primary, general or special election by the Secretary of State or the county clerk;

(2) “Ballot label” means the cards, papers, booklet, pages or other material on which appear the names of candidates and the questions to be voted on by means of ballot cards or voting machines;

(3) “Ballot card” means a tabulating card on which votes may be recorded by a voter by use of a voting punch device or by marking with a pen or special marking device;

(4) “Voting machine” or “machine” shall include lever machines and, as far as applicable, any electronic or electromechanical unit and supplies utilized or relied upon by a voter in casting and recording his vote in an election.

HISTORY: 1982 c 360, § 12, eff. 7-15-82

120.010. Time of election of presidential electors. [Repealed.]

Grounds

120.015. Corrupt practices as grounds for contest — Effect if successful candidate found guilty.

In any contest over the nomination or election of any state, county, city or district officer, it may be alleged in the pleadings of the contestant that the provisions of KRS 121.025, 121.045,121.055 or 121.310, have been violated by the contestee or by others in his behalf with his knowledge, and it may likewise be alleged in the pleadings of the contestee that such provisions have been violated by the contestant or by others in his behalf with his knowledge. If it appears upon the trial of the contest that such provisions have been violated by the contestant or by others in his behalf with his knowledge, the contest action shall be dismissed and the contestant shall have no further right to maintain the same. If no such violation by the contestant, or by others in his behalf with his knowledge, appears, and it appears that such provisions have been violated by the contestee or by others in his behalf with his knowledge, the nomination or election of the contestee shall be declared void. In the case of primary elections, if any candidate who is a party to the contest proceedings has not violated the provisions of KRS 121.025, 121.045, 121.055 or 121.310, and all candidates who received more votes than he did are also parties and are found to have violated those provisions, such candidate shall be declared nominated.

HISTORY: 1974 c 130, § 157, eff. 6-21-74

120.017. Administrative or clerical errors as grounds for contest — Action brought in Circuit Court — Recount — Appeal.

(1) It shall be the duty of precinct election officers at all primary, regular, or special elections to immediately report to the county clerk any administrative or clerical error discovered in the process of conducting the polling or tabulation of votes at any such election.

(2) Upon receipt by the county clerk of notice of error in conducting the polling or tabulation of votes pursuant to subsection (1) of this section, the county clerk shall file an action in the Circuit Court, within fifteen (15) days of the election, requesting a recount of ballots for the precinct reporting the administrative or clerical error. Simultaneously with the filing of such action, the county clerk shall make written notice by regular mail to all candidates appearing on the ballot of the precinct at issue that such action is being filed. In the case of an election for candidates for offices for the state at large or an election on a statewide public question, the action shall be filed in the Franklin Circuit Court; in the case of other elections, the action shall be filed in the Circuit Court of the county in which the precinct reporting the error is located.

(3) An action filed in the Circuit Court of proper jurisdiction pursuant to this section shall be heard summarily and without delay. Upon filing of the action, the circuit clerk shall immediately notify the Circuit Judge, and the judge shall at once enter an order directing custody of the voting machine, the ballots, boxes and all papers pertaining to the election from that precinct claiming error, to be transferred to the Circuit Court, and fix a day for the recount proceeding to begin.

(4) Candidates notified pursuant to subsection (3) of this section shall, upon proper motion, be made parties to the action.

(5) On the day fixed for the recount, the court shall proceed to recount the ballots if their integrity is satisfactorily shown and shall complete the recount as soon as practicable, and shall file and enter of record the results thereof.

(6) Any person made party to the action pursuant to subsection (4) of this section may appeal from the judgment to the Court of Appeals, in the same manner as provided in KRS 120.075.

(7) The county clerk shall certify the final recount results entered of record in any action filed pursuant to this section to the county board of elections and to the local governing body of each of two (2) dominant political parties. Final certification of election results shall then proceed according to KRS Chapters 117, 118, and 118A.

HISTORY: 1982 c 295, § 1, eff. 7-15-82

120.020. Meeting of presidential electors — Filling vacancy if elector fails to attend. [Repealed.]

120.030. Compensation of presidential electors. [Repealed.]

120.040. Election of United States senators. [Repealed.]

120.050. Time of election of congressmen. [Repealed.]

Primary Elections

120.055. Procedure for contest of primary election.

Any candidate or slate of candidates for nomination to office at a primary election held under the provisions of KRS 118.015 to 118.035 and 118.105 to 118.255, or any candidate for nomination to a city office at a primary election for which the statutes do not otherwise provide for determining contest elections, for whom a number of votes was cast equal to not less than fifty percent (50%) of the votes cast for the successful candidate or slate of candidates for nomination to the office, may contest the right of the successful candidate or slate of candidates, and of any other candidate or slate of candidates for nomination to the office, to the nomination, by filing a petition in the Circuit Court within ten (10) days from the day of the primary election, stating the specific grounds relied upon for the contest, and causing a summons to be issued, returnable in seven (7) days. In the case of candidates or slates of candidates for offices for the state at large, the petition shall be filed in the Franklin Circuit Court; in the case of other candidates it shall be filed in the Circuit Court of the county in which the contestee resides. The summons may be personally served on the contestee in any county, or it may be served by leaving a copy at his home with a member of his family over sixteen (16) years of age, or by posting a copy on the door of his residence. The contestee shall file his answer within seven (7) days after service of summons. The answer may contain grounds of contest in favor of the contestee and against the contestant, but the grounds shall be specifically set out. Any candidate or slate of candidates who would have been qualified to bring a contest action under this section, who is a party to a recount proceeding brought under KRS 120.095, may, by filing an answer in the recount proceeding within the time allowed by this section for filing grounds of contest, set forth grounds of contest against the petitioner in the recount proceeding. No ground of contest by either party shall be filed or made more definite by amendment after the expiration of the time allowed by this section for filing the original pleading. The contestant may file a reply within five (5) days after answer is filed, which shall complete the pleading, and any affirmative matter in the reply shall be treated as controverted. Upon return of the summons, properly executed, to the office of the circuit clerk of the county in which the action is pending, the clerk shall immediately docket the cause and notify the presiding judge of the court that the contest has been instituted, and the judge shall proceed to a trial of the cause within five (5) days after the issue was joined. In judicial circuits having more than one (1) Circuit Judge, the judge who shall hear the cause shall be determined by lot.

HISTORY: 1992 c 288, § 42, eff. 7-14-92; 1976 c 199, § 3, c 62, § 87; 1974 c 130, § 158

120.060. Congressional districts. [Repealed.]

120.065. Evidence in primary contest — Trial — Judgment.

Each party to a contest instituted under KRS 120.055 shall be entitled, in the production of evidence to be used on the trial thereof, to all the remedies allowed in cases at law and in equity. In trying the contest the court shall hear and determine all questions of law and fact without the intervention of a jury, and may examine the witnesses orally or require or permit the parties to take the evidence by depositions. If the evidence is taken orally either party may require it to be taken by the official reporter for the court, to be taken and transcribed and paid for as evidence in other civil actions. The court may require the contestant, or the person who has the burden of proof under the issue joined, to complete his proof in not less than fifteen (15) days after service of summons, and the contestee, or the person not having the burden, to complete his proof in not less than ten (10) days after filing an answer. Each party may be given one (1) day additional for producing evidence in rebuttal and no greater time shall be extended, unless the court is satisfied that the ends of justice demand it. The court shall, immediately after the evidence is concluded, consider the contest and determine it. If it appears from an inspection of the whole record that there has been such fraud, intimidation, bribery or violence in the conduct of the election that neither contestant nor contestee can be adjudged to have been fairly nominated, the court may adjudge that there has been no election, in which event the nomination shall be deemed vacant. The judgment of the court shall be filed in the office of the Circuit Court clerk.

HISTORY: 1976 1st ex s, c 14, § 133, eff. 3-19-77; 1974 c 130, § 159

120.070. Congressional districts. [Repealed.]

120.071. Congressional districts. [Repealed.]

120.075. Appeal to Court of Appeals from judgment in primary contest.

(1) Any party may appeal to the Court of Appeals from a judgment entered under KRS 120.065. The appeal shall be in accordance with the Rules of Civil Procedure, except that the notice of appeal shall be filed and a supersedeas bond executed in the Circuit Court, and the record shall be filed in the Court of Appeals, within ten (10) days after the entry of the judgment, or within such other time as the Court of Appeals may, for cause shown, permit. The entire original record shall be filed and no designation of record shall be required.

(2) Upon the filing of the record, the clerk of the Court of Appeals shall immediately deliver it to the chief judge.

(3) The Court of Appeals in its discretion may issue its mandate forthwith after rendering its decision, but it shall be without prejudice to the right of the losing party to file a petition for rehearing or the power of the court to recall the mandate should the petition be sustained.

(4) If the judgment is reversed and the case remanded for trial or further action, the proceedings shall continue in the Circuit Court in like manner as when originally filed, beginning ten (10) days after the filing of the mandate with notice to the adverse party.

HISTORY: 1976 1st ex s, c 14, § 134, eff. 3-19-77; 1976 c 62, § 88; 1974 c 130, § 160

120.076. Construction of KRS 120.071. [Repealed.]

120.085. Certification of result of primary contest — Placement of name on ballots.

In the case of offices for which certificates of nomination are required to be filed with the Secretary of State, the result of the final judgment in the contest of a primary election shall be certified to the Secretary of State; in the case of offices for which certificates of nomination are required to be filed with the county clerk, the result shall be certified to the county clerk. The Secretary of State shall certify to the proper county clerks the names of the candidates awarded nominations as certified to him by the court, and the county clerk shall place upon the ballots for the regular election the names of the candidates so certified to him by the Secretary of State and the names of the candidates awarded nominations as certified to him by the court, in place of the candidates whose nominations were successfully contested.

HISTORY: 1974 c 130, § 161, eff. 6-21-74

120.095. Recount of primary election.

(1) Any candidate or slate of candidates voted for at a primary election held under KRS 118.015to 118.035 and 118.105 to 118.255 may request a recount of the ballots by filing a petition with the same court that contest petitions are required to be filed with, within ten (10) days after the day of the primary election, or, if the candidate or slate of candidates is qualified to bring a contest proceeding under KRS 120.055, by including a request for a recount in his petition instituting the contest proceedings. Any candidate or slate of candidates that is a contestee in a contest proceeding under KRS 120.055 may request a recount in his answer filed in the contest proceeding, but in that case the answer shall be filed within five (5) days after the service of process on the petition. When a request for a recount is made, the State Board of Elections or the county board of elections, whichever would issue the certificate of nomination, shall be made a party defendant. The party requesting the recount shall execute a bond with approved surety for the costs of the recount, in an amount to be fixed by the Circuit Judge. Upon the bond being filed, the clerk shall immediately notify the Circuit Judge of the request and the filing of the bond, and the judge shall at once enter an order directing custody of the voting machines, the ballots, boxes, and all papers pertaining to the election to be transferred to the Circuit Court, and fix a day for the recount proceedings to begin. A copy of the order shall be served upon the parties or their counsel in the same manner as notices are required to be served, which shall be deemed sufficient notice of the proceeding. On the day fixed, the court shall proceed to recount the ballots if their integrity is satisfactorily shown and shall complete the recount as soon as practicable, and file and enter of record the results thereof, and direct the state board or county board, whichever would issue the certificate of nomination, to issue a certificate to the party entitled thereto as shown by the recount.

(2) Any party may appeal from the judgment to the Court of Appeals, in the same manner as provided in KRS 120.075, all of the provisions of which statute shall be applicable.

(3) If a proceeding for recount is asked and prosecuted in a contest proceeding, it shall not await the preparation or trial of the contest in the Circuit Court or in the Court of Appeals. The action of the courts shall be final, concluding the parties as to the question of a recount of the ballots, and certificates shall then be issued to the parties entitled thereto.

HISTORY: 1992 c 288, § 43, eff. 7-14-92; 1976 ex s, c 14, § 135; 1974 c 130, § 162

120.110. Definitions. [Repealed.]

120.120. Presidential preference primary election authorized; when conducted; hours; method of conducting. [Repealed.]

120.130. Presidential preference primary election authorized; when conducted; hours; method of conducting. [Repealed.]

120.140. Nomination of candidates by State Board of Elections. [Repealed.]

120.150. Nomination of candidate by petition. [Repealed.]

Regular Elections

120.155. Contest of regular election of officers other than Governor, Lieutenant Governor, General Assembly member and certain city officers.

Any candidate for election to any state, county, district or city office (except the office of Governor, Lieutenant Governor, member of the General Assembly, and those city offices as to which there are other provisions made by law for determining contest elections), for whom a number of votes was cast equal to not less than twenty-five percent (25%) of the number of votes cast for the successful candidate for the office, may contest the election of the successful candidate, by filing a petition in the Circuit Court of the county where the contestee resides, unless the officer is one (1) elected by the voters of the whole state, in which case the petition shall be filed in the Franklin Circuit Court. The petition shall be filed and process issued within thirty (30) days after the day of election; it shall state the grounds of the contest relied on, and no other grounds shall afterwards be relied upon. The contestee shall file an answer within twenty (20) days after the service of summons upon him. The answer may consist of a denial of the averments of the petition and may also set up grounds of contest against the contestant; if grounds are so set up they shall be specifically pointed out and none other shall thereafter be relied upon by the party. Any candidate who would have been qualified to bring a contest action under this section, who is a party to a recount proceeding under KRS 120.185, may, by filing answer in the recount proceeding within the time allowed by this section for filing grounds of contest, set forth grounds of contest against the petitioner in the recount proceeding. A reply may be filed within ten (10) days after the answer is filed; its affirmative allegations shall be treated as controverted, and no subsequent pleading shall be allowed.

HISTORY: 1974 c 130, § 163, eff. 6-21-74

120.160. Notification of nominees by Secretary of State. [Repealed.]

120.165. Procedure in contest of regular election — Trial — Judgment.

(1) A contest instituted under KRS 120.155 shall proceed as equity actions. Upon return of the summons properly executed to the office of the circuit clerk, he shall immediately docket the case and notify the presiding judge of the court that the contest has been filed. The judge shall proceed to a trial of the cause without delay. In courts having more than one (1) judge, the judge who shall try the case shall be determined by lot. The court shall complete the case as soon as practicable. The action shall have precedence over all other cases.

(2) The evidence in chief for the contestant shall be completed within thirty (30) days after service of summons; the evidence for the contestee shall be completed within twenty-five (25) days after filing of answer, and evidence for contestant in rebuttal shall be completed within seven (7) days after the contestee has concluded; provided that for cause the court may grant a reasonable extension of time to either party.

(3) All voting machines, ballots, stub books and other papers concerning which there is any ground for contest may be removed to the court in which the action is pending.

(4) If it appears from an inspection of the whole record that there has been such fraud, intimidation, bribery or violence in the conduct of the election that neither contestant nor contestee can be judged to have been fairly elected, the Circuit Court, or an appellate court, on appeal, may adjudge that there has been no election. In that event the office shall be deemed vacant, with the same legal effect as if the person elected had refused to qualify. If one of the parties is adjudged by the court to be elected to the office, he shall, on production of a copy of the final judgment, be permitted to qualify or be commissioned.

HISTORY: 1976 1st ex s, c 14, § 136, eff. 1-2-78; 1974 c 130, § 164

120.170. Candidates required to make deposit with Secretary of State — Refund — Escheat to Commonwealth. [Repealed.]

120.175. Appeal to Court of Appeals.

Any party may appeal to the Court of Appeals from a judgment entered under KRS 120.155, in the same manner as provided in KRS 120.075, all of the provisions of which statute shall be applicable.

HISTORY: 1974 c 130, § 165, eff. 6-21-74

120.180. Secretary of State to place candidates’ names on ballot. [Repealed.]

120.185. Recount of election of officers referred to in KRS 120.155.

(1) Any candidate who was voted for at a regular election for any of the offices to which KRS 120.155 applies may request a recount of the ballots by filing a petition so requesting, with the same court that petitions of contest are required to be filed with, within ten (10) days after the day of the election, or, if the candidate is qualified to institute a contest proceeding under KRS 120.155, by including a request for a recount in his petition instituting the contest proceedings, but in the latter case the petition shall be filed within ten (10) days after the day of the election. Any candidate who is a contestee in a contest proceeding under KRS 120.155 may request a recount in his answer filed in the contest proceeding, but only if the answer is filed within ten (10) days after the day of election. If a request for a recount is made, the State Board of Elections or the county board of elections, whichever would issue the certificate of election shall be made a party defendant. The party requesting the recount shall execute bond with approved surety for the costs of the recount, in an amount to be fixed by the Circuit Judge. Upon the bond being filed, the clerk shall immediately notify the Circuit Judge of the request and the filing of the bond, and the judge shall at once enter an order directing the voting machines, ballots, boxes, and all papers pertaining to the election to be transferred to the Circuit Court, and fix a day for the recount proceedings to begin. A copy of the order shall be served upon the parties or their counsel in the same manner as notices are required to be served, which shall be deemed sufficient notice of the proceeding. On the day fixed, the court shall proceed to recount the ballots if their integrity is satisfactorily shown and shall complete the recount as soon as practicable, and file and enter of record the results thereof, and direct the state board or county board, whichever would issue the certificate of election to issue the same to the party entitled thereto as shown by the recount.

(2) Any party may appeal from the judgment to the Court of Appeals, in the same manner as provided in KRS 120.075, all of the provisions of which statute shall be applicable.

(3) If a proceeding for recount is asked and prosecuted in a contest proceeding, it shall not await the preparation or trial of the contest in the Circuit Court or in the Court of Appeals. The action of the courts shall be final, concluding the parties as to the question of a recount of the ballots, and certificates shall then be issued to the parties entitled thereto.

HISTORY: 1992 c 288, § 54, eff. 7-14-92; 1976 1st ex s, c 14, § 137; 1974 c 130, § 166

120.190. Secretary of State to certify results of preference primary. [Repealed.]

120.195. Contest of election of Governor, Lieutenant Governor, or General Assembly member.

(1) No application to contest the election of a Governor, Lieutenant Governor, or member of the General Assembly shall be heard unless written notice, signed by the party contesting, is given. The notice shall state the grounds of the contest, and none other shall afterwards be heard as coming from that party, but the contestee may make defense without giving counternotice.

(2) In the case of the Governor or Lieutenant Governor, the notice shall be given within thirty (30) days after the final action of the State Board of Elections. In the case of a member of the General Assembly, the notice shall be given within fifteen (15) days after the final action of the county board of elections or the State Board of Elections, whichever canvasses the returns.

(3) Immediately after the notice, either party may proceed to take proof by depositions, under the same rules and regulations that govern the taking of depositions in actions in equity, except that no commission shall be required for taking a deposition out of the state. The depositions shall be sealed up by the officer taking them, and directed to the clerk of the Senate or clerk of the House, as the case may require. The depositions properly taken shall be read as evidence before the board or branch of the General Assembly having jurisdiction of the case, and the board or branch may call for and hear other proof. The taking of depositions to be used before a board or branch of the General Assembly shall close ten (10) days before the next meeting of the General Assembly, or, if in session when the notice is given, when the taking is ordered to close.

(4) The costs of the proceeding shall be adjudged against the unsuccessful party, and a certificate thereof shall be given by the clerk of the Senate or the clerk of the House, as the case requires. A judgment for the costs may be obtained after five (5) days’ notice in a Circuit Court.

HISTORY: 1992 c 288, § 55, eff. 7-14-92; 1976 1st ex s, c 14, § 138; 1974 c 130, § 167

120.200. Distribution of authorized delegate vote among party candidates. [Repealed.]

120.205. Board for determining contest of election of Governor or Lieutenant Governor.

When the election of a Governor or Lieutenant Governor is contested, a board for determining the contest shall be formed and shall proceed in the following manner:

(1) On the third day after the organization of the General Assembly that meets next after the election, the Senate shall select three (3) of its members, and the House of Representatives shall select eight (8) of its members, and the eleven (11) so selected shall constitute a board to try the contest, seven (7) of whom shall constitute a quorum. In making the selection, the name of each member present shall be written on a separate piece of paper, every piece being as nearly similar to the other as possible. Each piece shall be rolled up so that the names thereon cannot be seen nor any particular piece ascertained or selected by feeling. The whole, so prepared, shall be placed by the clerk in a box on his table, and after it has been well shaken and the papers therein well intermixed the clerk shall draw out one (1) paper, which shall be opened and read aloud by the presiding officer, and so on until the required number is obtained. If any person so selected swears that he cannot, without great personal inconvenience, serve on the board, or that he feels an undue bias for or against either of the parties, he may be excused by the house from which he was chosen from serving on the board, and if it appears that a person so selected is related to either party, or is liable to any other proper objection on the score of his partiality, he shall be excused. Any deficiency in the proper number so created shall be supplied by another draw from the box. The members of the board so chosen shall be sworn by the Speaker of the House of Representatives to try the contested election, and give true judgment thereon according to the evidence unless dissolved before rendering judgment.

(2) The board shall, within twenty-four (24) hours after its selection, meet, appoint its chairman, and assign a day for hearing the contest, and may adjourn from day to day as its business requires. If any member of the board willfully fails to attend its sessions he shall be reported to the house to which he belongs, and that house shall thereupon, in its discretion, punish him by fine or imprisonment, or both.

(3) The board may send for persons, papers and records and issue attachments therefor signed by its chairman or clerk, and may issue commissions for taking proof.

(4) If it appears that the candidates receiving the highest number of votes given have received an equal number, the right to the office shall be determined by lot, under the direction of the board. If the person returned is found not to have been legally qualified to receive the office at the time of his election, and the first two (2) years of his term have not expired, a new election shall be ordered to fill the vacancy. If a person other than the one returned is found to have received the highest number of legal votes given, he shall be adjudged to be the person elected and entitled to the office.

(5) No decision shall be made but by the vote of six (6) members of the board. The decision of the board shall not be final nor conclusive, but shall be reported to the two (2) houses of the General Assembly, in joint session, for the further action of the General Assembly. The Speaker of the House shall preside at the joint session, and the General Assembly shall then determine the contest. If no decision of the board is given during the then session of the General Assembly, it shall be dissolved, unless by joint resolution of the two (2) houses it is empowered to continue longer.

(6) If a new election is required, it shall be immediately ordered by proclamation of the Speaker of the House, to take place on a day not less than thirty (30) days nor more than six (6) weeks thereafter.

(7) When a new election is ordered or the incumbent is adjudged not to be entitled to the office, his power shall immediately cease, and if the office is not adjudged to another it shall be deemed to be vacant.

HISTORY: 1974 c 130, § 168, eff. 6-21-74

120.210. Notice to political party’s national committee. [Repealed.]

120.215. Board to determine contest of election of member of General Assembly.

When the election of a member of the General Assembly is contested, the branch to which he belongs shall, within three (3) days after its organization, and in the manner provided in KRS 120.205, select a board of not more than nine (9) nor less than five (5) of its members to determine the contest. Such board shall be governed by the same rules, have the same power, and be subject to the same penalties as a board to determine the contested election of Governor. It shall report its decision to the branch of the General Assembly by which it was appointed, for its further action.

HISTORY: 1974 c 130, § 169, eff. 6-21-74

Public Questions and Constitutional Matters

120.250. Contest or recount of election on public question.

(1) Any elector who was qualified to and did vote on any public question, other than a constitutional amendment or a question of local option under KRS Chapter 242, submitted to the voters of any county, city or district for their approval or rejection may contest the election or demand a recount of the ballots by filing a petition, within thirty (30) days after the election, with the clerk of the Circuit Court of the county in which the election was held, which court shall have exclusive jurisdiction to hear and determine all matters in such cases. The petition shall be against the county, city or district in which the election was held, and shall set forth the grounds of contest or reason for requesting a recount. The grounds of contest may be the casting of illegal votes, the exclusion of legal votes, the unfair or illegal conduct of the election, tampering with the returns, the alteration of the certificates of the results, bribery, fraud, intimidation or corrupt practices, or any conduct or practice tending to frustrate, obstruct or interfere with the free expression of the will of the voters. A copy of the petition shall be posted at the courthouse door and at one or more public places in the county, city or district in which the election was held. Summons shall be served on the defendant as in equity actions.

(2) Upon the petition being filed, the circuit clerk shall forthwith order the county board of election commissioners and the county clerk of the county involved in the contest to preserve and hold the ballots cast at the election on the question subject to the order of the Circuit Court. The court shall, within five (5) days after the petition is filed, determine whether there are sufficient grounds stated to justify the contest, and shall thereupon require the contestants to give bond for costs, and fix a time for the defendant to answer, not exceeding twenty (20) days.

(3) If the county, city or district affected fails to defend the action, any elector may become a defendant by filing an answer or other proper pleading within thirty (30) days after the filing of the petition, and by giving security for the costs in an amount to be fixed by the court. Any elector may join and assist the defendant in resisting the action by filing an application to do so and by giving security for such proportion of the costs as may be adjudged against him.

HISTORY: 1976 1st ex s, c 14, § 139, eff. 1-2-78; 1974 c 130, § 170

120.260. Procedure for recount of election on public question.

If a recount of the ballots is requested in a proceeding instituted under KRS 120.250, and the court has determined that the petition presents sufficient grounds, the court shall immediately order the ballots of the precincts in which the recount is demanded sent to the courthouse of the county, in a manner designated in the order, and shall designate two (2) commissioners to assist in the recount. One (1) of the commissioners shall represent the contestant and one (1) the contestee. The attorneys representing the parties may be present at all hearings and at the recount of the ballots. The court shall pass on all disputes respecting ballots and shall ascertain the result of the election after counting all legal ballots.

HISTORY: 1976 1st ex s, c 14, § 140, eff. 1-2-78; 1974 c 130, § 171

120.270. Judgment in contest or recount of election on public question — Costs — Appeal.

(1) If it appears in a proceeding instituted under KRS 120.250 that the result as certified is not correct, the correct result shall be ascertained and declared by the court and certified to the county board of election commissioners, and the judgment shall supersede the official returns. If it appears to the satisfaction of the court that the election, or the returns thereof, were materially affected by fraud, duress, bribery, intimidation or corrupt practices, the entire election and the returns thereof shall be declared void and ineffective for any purpose. Costs shall follow the judgment as in equity cases.

(2) An appeal to the Court of Appeals may be prosecuted by the unsuccessful party in the same manner as in other contested election cases. No appeal shall lie from the recount of the ballots, but any questioned ballots may be made a part of the record and the ruling thereon by the Circuit Court may be reviewed, revised or reversed by the Court of Appeals.

HISTORY: 1974 c 130, § 172, eff. 6-21-74

120.280. Contest on constitutional convention or amendment, or statewide public question.

(1) Any elector who was qualified to and did vote on any constitutional convention, constitutional amendment, or statewide public question submitted to the voters of the state for their ratification or rejection may contest the election or demand a recount of the ballots by filing a petition, not more than fifteen (15) days after the official canvass and the announcement of the vote for the state by the State Board of Elections, with the clerk of the Franklin Circuit Court, which court shall have exclusive jurisdiction to hear and determine all matters in such cases. The petition shall set forth the grounds of the contest. The contestant may file with the clerk of the Franklin Circuit Court and the Secretary of State a notice of his intention to contest the election before the announcement of the official count by the State Board of Elections and thereupon the Secretary of State shall forthwith notify all the county boards of elections in the counties involved in the contest to hold the ballots cast at the election on the question subject to the order of the Franklin Circuit Court. The notice shall be served by the Secretary of State by mailing a true and certified copy of the notice of contest, and the order to hold the ballots subject to the order of the court, by certified mail, return receipt requested, to the sheriffs of the counties in question, and the sheriffs shall forthwith acknowledge receipt thereof.

(2) The court shall, within five (5) days after the filing of the petition of contest, determine whether there are sufficient grounds stated to justify the contest, and shall thereupon require the contestants to give bonds for costs. All of the hearings relating to the contest shall be held in the courthouse of Franklin County.

(3) The clerk of the Franklin Circuit Court shall cause a notice of the contest to be published pursuant to KRS Chapter 424, setting out the substance or the grounds of contest alleged by the contestants.

(4) Any elector who participated in the election on the convention, amendment, or statewide public question may make himself a party as contestee in the action by filing his petition to be made a party not later than five (5) days after the contest is instituted, and by giving bond of the costs as required of the contestant. If no elector makes himself a party to the contest, the Commonwealth’s attorney for the Franklin Circuit Court shall attend the trial of the cause, and he may file motions and pleadings in the cause on behalf of the Commonwealth to insure a fair and honest determination of the contest.

(5) All laws relating to contested elections for state offices shall apply with equal force to contests of the character contemplated by this section, except as otherwise provided in this section and in KRS 120.290.

HISTORY: 1992 c 288, § 56, eff. 7-14-92; 1980 c 114, § 16; 1976 1st ex s, c 14, § 141; 1974 c 130, § 173, c 315, § 9

120.290. Procedure for recount of election on constitutional convention or amendment, or statewide public question.

(1) If a contest instituted under KRS 120.280 involves the recount of ballots, and the court has determined that the petition of contest presents sufficient grounds, the court shall immediately order the ballots of the counties and precincts in which the recount is demanded sent to the courthouse at Frankfort, in a manner designated in the order. The court may appoint two (2) special commissioners to help make the recount, who shall receive three dollars ($3) per day and their actual traveling expenses, when approved by the Franklin Circuit Court. The attorneys representing the contestant and the Commonwealth’s attorney representing the contestee may be present at all hearings on the recount. The contestant and contestee shall each be entitled to appoint one (1) inspector, who shall be allowed to witness the recount.

(2) The result of the recount of ballots shall be reported to the court within three (3) days after it has been completed, together with all the disputed ballots and any ballots not counted. After inspecting and passing on the disputed and uncounted ballots, the court shall add such of them as are found to be legal to the number of legal ballots determined by the recount. If the court finds that any ballots were procured by fraud, duress, bribery, intimidation, or for valuable consideration, they shall be rejected as illegal and void. If there has been such error, fraud or other irregularity as to make it impossible to ascertain the correct result in any precinct, the ballots from that precinct shall be thrown out and considered void. The vote from a precinct shall not be counted if the contestants prove that there was bribery or intimidation of the electors in that precinct and the court finds that the contestants were in the minority in that precinct and were not in any way implicated in the bribery or fraud complained of.

HISTORY: 1976 1st ex s, c 14, § 142, eff. 1-2-78; 1974 c 130, § 174

120.300. Appeal from judgment in contest or recount on constitutional convention or amendment, or statewide public question.

An appeal to the Court of Appeals may be prosecuted by any party to a contest instituted under KRS 120.280 in the same manner as in other contested election cases.

HISTORY: 1974 c 130, § 175, eff. 6-21-74

Miscellaneous Provisions

120.350. Compensation, powers and duties of witnesses and officers in election contest cases.

The compensation of witnesses and officers taking depositions, and their powers and duties, shall be the same in election contest cases as in actions in equity.

HISTORY: 1974 c 130, § 176, eff. 6-21-74

120.360. Prohibition of agreement by candidate not to contest election.

It shall be unlawful for any candidate in any primary or general election to agree not to file a suit contesting the election, or to agree to dismiss or cease prosecuting such suit after it has been filed, in consideration of the payment or promise to pay to him, or to any other person, of any money, deputyship, clerkship, employment, or anything of value by such successful candidate or by any other person. Any person who violates this section shall be ineligible thereafter to hold, or become a candidate for nomination or election to, any public office in this state, or to have his name printed on any official ballot in a primary or general election. Any qualified voter may maintain an action to enjoin the printing of the name of a person upon the official ballots for any primary or general election, on the ground that such person has violated this section, and in such action the violation may be proved by parol evidence.

HISTORY: 1974 c 130, § 177, eff. 6-21-74

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CHAPTER 121 Campaign Finance Regulation

121.005. Legislative findings on electronic storage and retrieval of campaign finance information.

(1) The General Assembly finds and declares that:

(a) The intent of disclosure of campaign finance information is to make that information about political contributions and expenditures accessible to the public;

(b) The volume of campaign finance reports submitted each year to the state renders it virtually impossible, without the help of computer technology, to derive meaningful conclusions from the records; and

(c) Computer automation is a necessary and effective means of transmitting, organizing, storing, and retrieving vast amounts of data submitted by candidates in election campaigns.

(2) The General Assembly enacts this legislation to accomplish the following:

(a) To improve the existing system of electronic reporting and extend its usage to more candidates;

(b) To allow concerned persons easy, convenient, and timely access to campaign finance reports submitted to the state;

(c) To ease the burden on candidates and committees of tabulating, filing, and maintaining public records of financial activity;

(d) To strengthen both the disclosure and enforcement capabilities of the Registry of Election Finance;

(e) To cooperate in the standardization of reporting formats among states so that interstate as well as intrastate sources of political money can be known;

(f) To provide for a fully informed electorate; and

(g) To help restore public trust in the governmental and electoral institutions of this state.

HISTORY: 2019 c 2, § 1, eff. 6-27-19; 2000 c 398, § 1, eff. 7-14-00

121.010. Proclamation for special election for Governor. [Repealed.]

121.015. Definitions for chapter.

As used in this chapter:

(1) “Registry” means the Kentucky Registry of Election Finance;

(2) “Election” means any primary, regular, or special election to fill vacancies regardless of whether a candidate or slate of candidates is opposed or unopposed in an election. Each primary, regular, or special election shall be considered a separate election;

(3) “Committee” includes the following:

(a) “Campaign committee,” which means one (1) or more persons who receive contributions and make expenditures to support or oppose one (1) or more specific candidates or slates of candidates for nomination or election to any state, county, city, or district office, but does not include an entity established solely by a candidate which is managed solely by a candidate and a campaign treasurer and whose name is generic in nature, such as “Friends of (the candidate),” and does not reflect that other persons have structured themselves as a committee, designated officers of the committee, and assigned responsibilities and duties to each officer with the purpose of managing a campaign to support or oppose a candidate in an election;

(b) “Caucus campaign committee,” which means members of one (1) of the following caucus groups who receive contributions and make expenditures to support or oppose one (1) or more specific candidates or slates of candidates for nomination or election, or a committee:

  1. House Democratic caucus campaign committee;
  2. House Republican caucus campaign committee;
  3. Senate Democratic caucus campaign committee;
  4. Senate Republican caucus campaign committee; or
  5. Subdivisions of the state executive committee of a minor political party, which serve the same function as the above-named committees, as determined by regulations promulgated by the registry;

(c) “Political issues committee,” which means three (3) or more persons joining together to advocate or oppose a constitutional amendment or public question which appears on the ballot if that committee receives or expends money in excess of one thousand dollars ($1,000);

(d) “Permanent committee,” which means a group of individuals, including an association, committee, or organization, other than a campaign committee, political issues committee, inaugural committee, caucus campaign committee, or party executive committee, which is established as, or intended to be, a permanent organization having as a primary purpose expressly advocating the election or defeat of one (1) or more clearly identified candidates, slates of candidates, or political parties, which functions on a regular basis throughout the year;

(e) An executive committee of a political party; and

(f) “Inaugural committee,” which means one (1) or more persons who receive contributions and make expenditures in support of inauguration activities for any candidate or slate of candidates elected to any state, county, city, or district office;

(4) “Contributing organization” means a group which merely contributes to candidates, slates of candidates, campaign committees, caucus campaign committees, or executive committees from time to time from funds derived solely from within the group, and which does not solicit or receive funds from sources outside the group itself. However, any contributions made by the groups in excess of one hundred dollars ($100) shall be reported to the registry;

(5) “Testimonial affair” means an affair held in honor of a person who holds or who is or was a candidate for nomination or election to a political office in this state designed to raise funds for any purpose not charitable, religious, or educational;

(6) “Contribution” means any:

(a) Payment, distribution, loan, deposit, or gift of money or other thing of value, to a candidate, his or her agent, a slate of candidates, its authorized agent, a committee, or contributing organization. As used in this subsection, “loan” shall include a guarantee, endorsement, or other form of security where the risk of nonpayment rests with the surety, guarantor, or endorser, as well as with a committee, contributing organization, candidate, slate of candidates, or other primary obligor. No person shall become liable as surety, endorser, or guarantor for any sum in any one (1) election which, when combined with all other contributions the individual makes to a candidate, his or her agent, a slate of candidates, its agent, a committee, or a contributing organization, exceeds the contribution limits provided in KRS 121.150;

(b) Payment by any person other than the candidate, his or her authorized treasurer, a slate of candidates, its authorized treasurer, a committee, or a contributing organization, of compensation for the personal services of another person which are rendered to a candidate, slate of candidates, committee, or contributing organization, or for inauguration activities;

(c) Goods, advertising, or services with a value of more than one hundred dollars ($100) in the aggregate in any one (1) election which are furnished to a candidate, slate of candidates, committee, or contributing organization or for inauguration activities without charge, or at a rate which is less than the rate normally charged for the goods or services; or

(d) Payment by any person other than a candidate, his or her authorized treasurer, a slate of candidates, its authorized treasurer, a committee, or contributing organization for any goods or services with a value of more than one hundred dollars ($100) in the aggregate in any one (1) election which are utilized by a candidate, slate of candidates, committee, or contributing organization, or for inauguration activities;

(7) Notwithstanding the foregoing meanings of “contribution,” the word shall not be construed to include:

(a) Services provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate, a slate of candidates, committee, or contributing organization;

(b) A loan of money by any financial institution doing business in Kentucky made in accordance with applicable banking laws and regulations and in the ordinary course of business; or

(c) An independent expenditure by any individual or permanent committee;

(8) “Candidate” means any person who has received contributions or made expenditures, has appointed a campaign treasurer, or has given his or her consent for any other person to receive contributions or make expenditures with a view to bringing about his or her nomination or election to public office, except federal office;

(9) “Slate of candidates” means any two (2) persons who have filed a joint notification and declaration pursuant to KRS 118.127, received contributions or made expenditures, appointed a campaign treasurer, designated a campaign depository, or given their consent for any other person to receive contributions or make expenditures with a view to bringing about their nomination for election to the offices of Governor and Lieutenant Governor. Unless the context requires otherwise, any provision of law that applies to a candidate shall also apply to a slate of candidates;

(10) “Knowingly” means, with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or should have been aware that his or her conduct is of that nature or that the circumstance exists;

(11) “Fundraiser” means an individual who directly solicits and secures contributions on behalf of a candidate or slate of candidates for a statewide-elected state office or an office in a jurisdiction with a population in excess of two hundred thousand (200,000) residents;

(12) “Independent expenditure” means the expenditure of money or other things of value for a communication which expressly advocates the election or defeat of a clearly identified candidate or slate of candidates, and which is made without any coordination, consultation, or cooperation with any candidate, slate of candidates, campaign committee, or any authorized person acting on behalf of any of them, and which is not made in concert with, or at the request or suggestion of any candidate, slate of candidates, campaign committee, or any authorized person acting on behalf of any of them;

(13) “Electronic reporting” means the use of technology, having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities, by which an individual or other entity submits, compiles, or transmits campaign finance reports to the registry, or by which the registry receives, stores, analyzes, or discloses the reports;

(14) “Security procedure” means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures;

(15) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record;

(16) “Filer” means any candidate, a slate of candidates, committee, or other individual or entity required to submit financial disclosure reports to the registry; and

(17) “Filer-side software” means software provided to or used by the filer that enables transmittal of financial reports to the registry.

HISTORY: 2018 c 4, § 1, eff. 2-20-18; 2008 c 129, § 10, eff. 7-15-08; 2005 c 105, § 2, eff. 3-16-05; 2000 c 398, § 2, eff. 7-14-00; 1996 c 153, § 4, c 179, § 1, eff. 7-15-96; 1994 c 458, § 1, eff. 7-15-94; 1992 c 288, § 15, eff. 7-14-92; 1986 c 100, § 1; 1980 c 292, § 1; 1974 c 130, § 178, c 375, § 1

121.020. Proclamation for special election for Representative in Congress. [Repealed.]

121.025. Corporate contributions to candidates prohibited.

No corporation authorized to do business in this state or in another state, and no officer or agent of a corporation on its behalf, shall contribute, either directly or indirectly, any money, service, or other thing of value towards the nomination or election of any state, county, city, or district officer in this state, or pay, promise, loan, or become liable in any way for any money or other valuable thing on behalf of any candidate for office at any election, primary or nominating convention held in this state. No attorney or other person shall accept employment and compensation from a corporation with the understanding or agreement, either direct or implied, that he or she will contribute to any such candidate, or on his or her behalf, any part or all of such compensation, towards the nomination or election of such candidate. The prohibitions in this section shall not prevent a corporation from making a monetary contribution to a state executive committee’s building fund account established under KRS 121.172.

HISTORY: 2017 c 122, § 5, eff. 6-29-17; 1994 c 458, § 2, eff. 7-15-94; 1984 c 111, § 66, eff. 7-13-84; 1974 c 130, § 179

121.030. Writ for special election for member of General Assembly. [Repealed.]

121.035. Corporate contributions to aid candidates for public office prohibited — Aid to support a constitutional amendment, public issue, or building fund account permitted.

(1) No corporation organized or authorized to do business in this state or in another state shall, by itself or by or through an officer, agent, attorney, or employee, subscribe, give, procure or furnish, or afterwards reimburse or compensate in any way any person who has subscribed, given, procured, or furnished, any money, privilege, favor, or other thing of value to any political or quasi-political organization, or any officer or member thereof, to be used by such organization for the purpose of aiding, assisting, or advancing any candidate for public office in this state in any way whatever.

(2) No officer, agent, attorney, or employee of any corporation organized or authorized to do business in this state or in another state, or person acting for or representing any such corporation, shall disburse, distribute, pay out, or in any way handle any money, funds, or other thing of value that belongs to or has been or is being furnished by any such corporation or any officer, agent, attorney, or employee thereof to be used or employed in any way for the purpose of aiding, assisting, or advancing any candidate for public office in this state in any way whatever.

(3) Nothing in this section shall be construed to prohibit a corporation from making contributions in support of a constitutional amendment, a public question which appears on the ballot, or position on an issue of public importance, or to prohibit a corporation from making contributions to a state executive committee’s building fund account established under KRS 121.172. Nothing in this chapter shall be construed to prohibit a not-for-profit corporation, which does not derive a substantial portion of its revenue from for-profit corporations, from making independent expenditures.

HISTORY: 2017 c 122, § 6, eff. 6-29-17; 1996 c 153, § 5, eff. 7-15-96; 1994 c 458, § 3, eff. 7-15-94; 1980 c 292, § 2, eff. 7-15-80; 1974 c 130, § 180

121.040. Delivery of proclamations and writs to sheriffs. [Repealed.]

121.045. Contributions to certain candidates or slates of candidates by individuals prohibited.

No person and no agent of any person on his behalf, shall contribute, either directly or indirectly, any money, service, or other thing of value towards the nomination or election of any state, county, city, or district officer who, in his official capacity, is required by law to perform any duties peculiar to the person not common to the general public, or to supervise, regulate, or control in any manner the affairs of the person, or to perform any duty in assessing the property of the person for taxation. No person, and no agent of any person on his behalf, shall pay, promise, loan, or become liable in any way for any money or other valuable thing on behalf of any candidate or slate of candidates for any office at any election, primary, or nominating convention held in this state. No attorney or other person shall accept employment and compensation from any person with the understanding or agreement, either direct or implied, that he will contribute to any candidate or slate of candidates for any office, or on his behalf, any part or all of his compensation, towards the nomination or election of any candidate or slate of candidates.

HISTORY: 1992 c 288, § 23, eff. 7-14-92; 1984 c 111, § 67; 1974 c 130, § 181

121.050. Publication of proclamations and writs by sheriff. [Repealed.]

121.055. Candidates prohibited from making expenditure, loan, promise, agreement or contract as to action when elected, in consideration for vote.

No candidate for nomination or election to any state, county, city or district office shall expend, pay, promise, loan or become liable in any way for money or other thing of value, either directly or indirectly, to any person in consideration of the vote or financial or moral support of that person. No such candidate shall promise, agree or make a contract with any person to vote for or support any particular individual, thing or measure, in consideration for the vote or the financial or moral support of that person in any election, primary or nominating convention, and no person shall require that any candidate make such a promise, agreement or contract.

HISTORY: 1984 c 111, § 68, eff. 7-13-84; 1980 c 292, § 3; 1974 c 130, § 182

121.056. Restrictions upon specified campaign contributors.

(1) No person who contributes more than the maximum legal contribution established by KRS 121.150 in any one (1) election to a slate of candidates for Governor and Lieutenant Governor that is elected to office shall hold any appointive state office or position, which shall be made by gubernatorial appointment, during the term of office following the campaign in which the contribution shall be made.

(2) No person who has contributed more than the maximum legal contribution established by KRS 121.150 in any one (1) election to a slate of candidates for Governor and Lieutenant Governor that is elected to office or any entity in which such a person has a substantial interest shall have any contract with the Commonwealth of Kentucky during the term of office following the campaign in which the contributions shall be made unless the contract shall be attained by competitive bidding and the person or entity shall have the lowest and best bid.

(a) “Substantial interest” means the person making the contribution owns or controls ten percent (10%) or more of an entity or a member of the person’s immediate family owns or controls ten percent (10%) of the entity or the person and his immediate family together own or control ten percent (10%) or more of the entity.

(b) “Immediate family” means the spouse of the person, the parent of the person or spouse, or the child of the person or spouse.

(3) No person shall give or conspire to contribute money or property to any other person for the purpose of making a campaign contribution, in violation of this section. The restrictions established by subsections (1) and (2) of this section to a person who shall contribute in excess of the maximum legal contribution established by KRS 121.150 in any one (1) election as provided by those subsections, shall apply to a person who makes a total contribution in excess of the maximum legal contribution established by KRS 121.150 in any one (1) election to a slate of candidates for Governor and Lieutenant Governor that is elected to office as provided by this subsection.

HISTORY: 2005 c 105, § 3, eff. 3-16-05; 1992 c 288, § 24, eff. 7-14-92; 1988 c 118, § 1, eff. 1991

121.060. Nominations by political parties of candidates for special elections. [Repealed.]

121.065. Limitation of political advertising rates — Injunction.

(1) No publisher of newspapers, magazines, handbills, or other printed matter, owner or lessor of billboards, radio or television station or network, or any other person, company, corporation, or organization offering its communications services for hire to the public shall be permitted to charge fees for political advertising in excess of the lowest rate charged to other advertisers at the time the political advertising is purchased.

(2) Political advertising means any communication intended to support or defeat a candidate for public office.

(3) An action to enjoin violations of this section shall be in the Circuit Court of the county where the complaining candidate resides.

HISTORY: 1994 c 458, § 4, eff. 7-15-94; 1974 c 130, § 183, eff. 6-21-74

121.070. Petitions, certificates of nomination for General Assembly, congressional vacancies. [Repealed.]

Registry of Election Finance

121.100. Applicability of statutes. [Repealed.]

121.110. Registry of Election Finance — Membership — Terms — Meetings — Compensation.

(1) There is hereby created as an independent agency of state government a Kentucky Registry of Election Finance. The registry shall be composed of seven (7) members appointed as provided herein. The registry shall remain independent of any other agency or department of state government. Members shall be at least twenty-five (25) years of age, registered voters in Kentucky, not announced candidates for public office, not officers of a political party’s state central executive committee, shall not have been convicted of an election offense, and shall be persons of high ethical standards who have an active interest in promoting fair elections. Appointees shall be subject to Senate confirmation at the next regular session of the General Assembly following appointment, or at the next special session if included in the Governor’s call. Appointees shall have full power to serve until any vote of nonconfirmation.

(2) Members of the registry shall be selected as follows:

(a) One (1) member shall be appointed by the Governor from a list of three (3) nominees submitted by the state central committee of the political party polling the largest vote at the last gubernatorial election.

(b) One (1) member shall be appointed by the Governor from a list of three (3) nominees submitted by the state central committee of the political party polling the second largest vote at the last gubernatorial election. The members appointed pursuant to subsections (a) and (b) of this section shall take office on August 15, 1990, for a term of one (1) year and their successors shall serve a term of four (4) years beginning August 15, 1991, or until their successors are appointed and qualified.

(c) Two (2) other members shall be appointed by the Governor. Before making these appointments, the Governor shall solicit nominations from at least two (2) organizations which have demonstrated a nonpartisan interest in fair elections and informed voting. The Governor’s solicitations and the replies shall be public records. The Governor shall give due consideration to such nominations. The two (2) members appointed pursuant to this subsection shall be one (1) from each of the two (2) political parties which polled the greatest number of votes at the last gubernatorial election. Members appointed pursuant to this subsection shall take office on August 15, 1988, for a term of four (4) years or until their successors are appointed and qualified and their successors shall serve a term of four (4) years.

(d) One (1) member shall be appointed by the Auditor of Public Accounts after soliciting nominations as provided by subsection (c) of this section. The appointee shall be a member of one (1) of the two (2) political parties which polled the greatest number of votes at the last gubernatorial election. The member appointed pursuant to this subsection shall take office on August 15, 1997, for a term of four (4) years or until his successor is appointed and qualified and his successors shall serve a term of four (4) years.

(e) One (1) member shall be appointed by the Attorney General after soliciting nominations as provided by subsection (c) of this section. The appointee shall not be a member of the same political party as the person appointed by the Auditor of Public Accounts pursuant to subsection (d) of this section. The member appointed pursuant to this subsection shall take office on August 15, 1990, for a term of four (4) years or until his successor is appointed and qualified and his successors shall serve a term of four (4) years.

(f) One (1) member shall be appointed by the Secretary of State after soliciting nominations as provided by subsection (c) of this section. The Secretary of State’s appointment shall be without regard to political affiliation. The member appointed pursuant to this subsection shall take office on August 15, 1990, for a term of three (3) years or until his successor is appointed and qualified and his successors shall serve a term of four (4) years.

(3) The members of the registry shall select a chairman from among the appointed membership, effective August 15, 1990. The chairman shall serve in that capacity for one (1) year and shall be eligible for reelection. The chairman shall preside at all meetings and shall have all the powers and privileges of the other members.

(4) In the event of a vacancy in the office of any member, the vacancy shall be filled in the same manner as the vacating member’s office was filled pursuant to subsection (2) of this section.

(5) The registry shall fix the place and time of its regular meetings by order duly recorded in its minutes. No action shall be taken without a quorum present. Special meetings shall be called by the chairman on his own initiative or on the written request of three (3) members. Members shall receive seven (7) days’ written notice of a special meeting and the notice shall specify the purpose, time and place of the meeting, and no other matters may be considered, without a specific waiver by all the members.

(6) The members of the registry shall receive sixty-five dollars ($65) per diem, and shall be reimbursed for all reasonable and necessary expenses.

HISTORY: 1994 c 458, § 5, eff. 7-15-94; 1988 c 341, § 40, eff. 7-15-88; 1978 c 154, § 5; 1974 c 130, § 185

121.120. Duties and powers of registry — Appointment of certain employees — Electronic reporting system.

(1) The registry may:

(a) Require by special or general orders, any person to submit, under oath, any written reports and answers to questions as the registry may prescribe;

(b) Administer oaths or affirmations;

(c) Require by subpoena, signed by the chair, the attendance and testimony of witnesses and the production of all documentary evidence, excluding individual and business income tax records, relating to the execution of its duties;

(d) In any proceeding or investigation, to order testimony to be taken by deposition before any person who is designated by the registry and has the power to administer oaths and, in those instances, to compel testimony and the production of evidence in the same manner as authorized under paragraph (c) of this subsection;

(e) Initiate, through civil actions for injunctive, declaratory, or other appropriate relief, defend, or appeal any civil action in the name of the registry to enforce the provisions of this chapter through its legal counsel;

(f) Render advisory opinions under KRS 121.135;

(g) Promulgate administrative regulations necessary to carry out the provisions of this chapter;

(h) Conduct investigations and hearings expeditiously, to encourage voluntary compliance, and report apparent campaign finance law violations to the appropriate law enforcement authorities;

(i) Petition any court of competent jurisdiction to issue an order requiring compliance with an order or subpoena issued by the registry. Any failure to obey the order of the court may be punished by the court as contempt; and

(j) Conduct random audits of receipts and expenditures of committees which have filed registration papers with the registry pursuant to KRS 121.170.

(2) No person shall be subject to civil liability to any person other than the registry or the Commonwealth for disclosing information at the request of the registry.

(3) The registry may appoint a full-time executive director, legal counsel, and an accountant for auditing purposes, all of whom shall serve at the pleasure of the registry. The registry may also appoint such other employees as are necessary to carry out the purposes of this chapter. All requests for personnel appointments shall be forwarded by the registry directly to the secretary of the Personnel Cabinet and shall be subject to the secretary’s review and certification only.

(4) The registry shall adopt official forms and perform other duties necessary to implement the provisions of this chapter. The registry shall not require the listing of a person’s Social Security number on any form developed by the registry. Without limiting the generality of the foregoing, the registry shall:

(a) Develop prescribed forms for the making of the required reports;

(b) Prepare and publish a manual for all candidates, slates of candidates, contributing organizations, and committees, describing the requirements of the law, including uniform methods of bookkeeping and reporting, requirements as to reporting dates, and the length of time that candidates, slates of candidates, contributing organizations, and committees are required to keep any records pursuant to the provisions of this chapter;

(c) Develop a filing, coding, and cross-indexing system;

(d) Make each report filed available for public inspection and copying during regular office hours at the expense of any person requesting copies of them;

(e) Preserve all reports for at least six (6) years from the date of receipt. Duly certified reports shall be admissible as evidence in any court in the Commonwealth;

(f) Prepare and make available for public inspection a summary of all reports grouped according to candidates, slates of candidates, committees, contributing organizations, and parties containing the total receipts and expenditures; and

1. For each contribution made by a permanent committee of any amount to a candidate or slate of candidates, the date, name, and business address of the permanent committee, the amount contributed, and a description of the major business, social, or political interest represented by the permanent committee;

2. For each contribution in excess of one hundred dollars ($100) made to a candidate or slate of candidates for a statewide-elected state office, or to a campaign committee for a candidate or slate of candidates for a statewide-elected state office, the date, name, address, occupation, and employer of each contributor and the spouse of the contributor or, if the contributor or spouse of the contributor is self-employed, the name under which the contributor is doing business, and the amount contributed by each contributor, listed alphabetically; and

3. For each contribution in excess of one hundred dollars ($100) made to any candidate or campaign committee other than those specified in subparagraph 2., the date, name, address, occupation, and employer of each other contributor or, if the contributor is self-employed, the name under which the contributor is doing business, and the amount contributed by each contributor, listed alphabetically;

(g) Prepare and publish an annual report with cumulative compilations named in paragraph (f) of this subsection;

(h) Distribute upon request, for a nominal fee, copies of all summaries and reports;

(i) Determine whether the required reports have been filed and if so, whether they conform with the requirements of this chapter; give notice to delinquents to correct or explain defections; issue an order, if appropriate, as provided in KRS 121.140; and make public the fact that a violation has occurred and the nature thereof;

(j) Conduct random audits of receipts and expenditures of candidates running for city, county, urban-county government, charter county government, consolidated local government, unified local government, and district offices. When the registry audits the records of any selected candidate, it shall also audit the records of all other candidates running for the same office in the selected city, county, urban-county government, charter county government, consolidated local government, unified local government, or district office;

(k) Conduct audits of receipts and expenditures of all candidates or slates of candidates running for statewide office;

(l) Require that candidates and slates of candidates shall maintain their records for a period of six (6) years from the date of the regular election in their respective political races;

(m) Initiate investigations and make investigations with respect to reports upon complaint by any person and initiate proceedings on its own motion; and

(n) Forward to the Attorney General or the appropriate Commonwealth’s or county attorney any violations of this chapter which may become the subject of civil or criminal prosecution.

(5) All policy and enforcement decisions concerning the regulation of campaign finance shall be the ultimate responsibility of the registry. No appointed or elected state officeholder or any other person shall, directly or indirectly, attempt to secure or create privileges, exemptions, or advantages for himself, herself, or others in derogation of the public interest at large in a manner that seeks to leave any registry member or employee charged with the enforcement of the campaign finance laws no alternative but to comply with the wishes of the officeholder or person. Registry members and employees shall be free of obligation or the appearance of obligation to any interest other than the fair and efficient enforcement of the campaign finance laws and administrative regulations. It shall not be considered a violation of this subsection for an officeholder or other person to seek remedies in a court of law to any policy or enforcement decision he or she considers to be an abridgement of his or her legal rights.

(6) If adequate and appropriate agency funds are available, the registry shall:

(a) Develop or acquire a system for electronic reporting for use by individuals and entities required to file campaign finance reports with the registry under this chapter. The registry shall promulgate administrative regulations under KRS Chapter 13A which provide for a nonproprietary standardized format or formats, using industry standards, for the transmission of data required under this chapter;

(b) Accept test files from software vendors and persons wishing to file reports electronically for the purpose of determining whether the file format complies with the nonproprietary standardized format developed under paragraph (a) of this subsection and is compatible with the registry’s system for receiving the data;

(c) Make all reports filed with the registry pertaining to candidates for the General Assembly and statewide office available on the Internet free of charge, in an easily understood format that allows the public to browse, search, and download the data contained in the reports by each of the reporting categories required by this chapter, including but not limited to:

1. The name of each candidate or committee;

2. The office sought by each candidate;

3. The name of each contributor;

4. The address of each contributor;

5. The employer or business occupation of each contributor, or if the contributor is a permanent committee, a description of the major business, social, or political interest represented by the permanent committee;

6. The date of each contribution; and

7. The amount of each contribution;

(d) Make all data specified in paragraph (c) of this subsection available on the Internet no later than ten (10) business days after its receipt by the registry. If a contribution or expenditure report is filed late with the registry, that data shall be made available on the Internet within twenty-four (24) hours of the registry’s receipt of the data;

(e) Make filer-side software available free of charge to all individuals or entities subject to the reporting requirements of this chapter;

(f) Establish a training program on the electronic reporting program and make it available free of charge to all individuals and entities subject to the reporting requirements of this chapter;

(g) Maintain all campaign finance data pertaining to legislative and statewide candidates on-line for twenty (20) years after the date the report containing the data is filed, and then archive the data in a secure format;

(h) Require candidates and slates of candidates running for statewide office, and campaign committees of candidates and slates of candidates registered to run for statewide office, beginning with elections scheduled in 2015, to electronically report all campaign finance reports that must be submitted to the registry under this chapter. If any statewide candidate, slate of candidates, or campaign committee of a statewide candidate or slate of candidates submits a campaign finance report in a nonelectronic format for an election scheduled in 2015 or later, the registry shall require the statewide candidate, slate of candidates, or campaign committee of the statewide candidate or slate of candidates to resubmit the campaign finance report in an electronic format;

(i) Require all candidates, slates of candidates, committees, and contributing organizations, beginning with the primary scheduled in 2020, and for each subsequent election scheduled thereafter, to electronically report all campaign finance reports required to be submitted to the registry under this chapter. If any candidate, slate of candidates, committee, or contributing organization submits a campaign finance report to the registry in a nonelectronic format for an election or calendar period beginning in 2020 or later, the registry shall require the candidate, slate of candidates, committee, or contributing organization to resubmit the campaign finance report in an electronic format. If any candidate, slate of candidates, committee, or contributing organization does not submit the required campaign finance reports electronically by the applicable filing deadline, the registry shall publish the candidate, slate of candidates, committee, or contributing organization’s name as a delinquent filer until such time as the campaign finance report is properly filed in an electronic format; and

(j) Require all independent expenditure reports to be submitted electronically within forty-eight (48) hours of the date that the communication is publicly distributed or otherwise publicly disseminated, beginning with the primary scheduled in 2020, and for each subsequent election scheduled thereafter.

(7) In conjunction with the program of electronic reporting set out in subsection (6) of this section, the registry shall deem an electronic report to be filed when submitted by either of the following methods:

(a) Online Internet transmission; or

(b) Hand delivery of the electronic report, saved on a current and compatible computer component, and downloaded at the registry.

HISTORY: 2019 c 2, § 2, eff. 6-27-19; 2012 c 48, § 1, eff. 7-12-12; 2005 c 105, § 4, eff. 3-16-05; 2000 c 398, § 3, eff. 7-14-00; 1998 c 154, § 75, eff. 7-15-98; 1996 c 240, § 1, c 155, § 2, eff. 7-15-96; 1996 c 252, § 1, eff. 1-1-97; 1994 c 458, § 6, eff. 7-15-94; 1993 1st ex s, c 4, § 56, eff. 11-3-93; 1992 c 288, § 44; 1988 c 341, § 41; 1986 c 100, § 2; 1980 c 292, § 4; 1974 c 130, § 186, c 253, § 1, c 375, § 3

121.130. Dissemination of information to candidates, treasurers, depositories and general public.

(1) The registry shall take such steps as may be necessary to furnish timely and adequate information to every candidate or prospective candidate for public office who becomes or is likely to become subject to the provisions of this chapter. The registry shall also take such steps as are necessary to inform every treasurer and depository duly designated under this chapter of their actual obligations and responsibilities under this chapter.

(2) The registry shall take such steps to disseminate among the general public such information as may serve to guide all persons who may become subject to the provisions of this chapter by reason of their participation in election campaigns or in the dissemination of political information, for the purpose of facilitating voluntary compliance with the provisions and purposes of this chapter.

HISTORY: 1974 c 253, § 2, eff. 6-21-74

121.135. Advisory opinion by registry — Effect — Publication.

(1) Any person may file a written request with the registry for an advisory opinion concerning the application of the provisions of this chapter or any administrative regulation promulgated by the registry with respect to a specific transaction or activity by the person. The registry shall render a written advisory opinion relating to the specific transaction or activity to the person making the request not later than thirty (30) days after the registry receives the request.

(2) If a candidate, slate of candidates, or either of their campaign committees files a written request with the registry for an advisory opinion not more than thirty (30) days before the date of an election at which the candidate or slate of candidates shall appear on the ballot, the registry shall render a written advisory opinion relating to the request not later than twenty (20) days after the registry receives a complete request.

(3) No advisory opinion shall be issued by the registry or any of its employees except in accordance with the provisions of this section.

(4)

(a) Any advisory opinion rendered by the registry under subsection (1) or (2) of this section may be relied upon only by the person or committee involved in the specific transaction or activity with respect to which the advisory opinion is rendered.

(b) Notwithstanding any other provision of law, any person or committee to whom a written advisory opinion has been rendered who relies upon any provision or finding of the advisory opinion and who acts in good faith in accordance with the provisions and findings of the advisory opinion shall not, as a result of any act with respect to a transaction or activity addressed by the advisory opinion, be subject to any sanction provided by this chapter or any administrative regulation promulgated by the registry.

(c) It shall be no defense in any civil or criminal proceeding regarding a violation of any provision of this chapter or any administrative regulation promulgated by the registry for a person or committee to claim that he relied upon and acted in good faith based upon any provision or finding of an advisory opinion if the person or committee was not the person or committee involved in the specific transaction or activity with respect to which the advisory opinion was rendered.

(5)

(a) The registry shall make public all written requests for an advisory opinion made under subsection (1) or (2) of this section. Before rendering an advisory opinion, the registry shall accept written comments submitted by any interested party within the ten (10) day period following the date the request is made public.

(b) The registry shall make public all advisory opinions rendered under subsection (1) or (2) of this section.

HISTORY: 1992 c 288, § 45, eff. 7-14-92

121.140. Investigation of complaint — Conciliation agreement hearing — Decision and order — Appeal from order — Reference for possible prosecution — Judicial review.

(1) Upon the sworn complaint of any person, or on its own initiative, the registry shall investigate alleged violations of campaign finance law. In conducting any investigation, the registry shall have the power of subpoena and may compel production of evidence including the financial records of any person determined by the registry to be vital to the investigation. The records subject to subpoena include, but are not limited to, a person’s bank records and other relevant documents, but excluding individual and business income tax records.

(2) If the registry concludes that there is probable cause to believe that the law has been violated, the registry shall notify the alleged violator of its conclusions and the evidence supporting them, and shall offer the alleged violator a conciliation agreement to resolve the issue. A conciliation agreement may require the alleged violator to comply with one (1) or more of the following:

(a) To cease and desist violations of the law;

(b) To file required reports or other documents or information;

(c) To pay a penalty not to exceed one hundred dollars ($100) a day, up to a maximum total fine of five thousand dollars ($5,000), for failure to file any report, payment of an administrative fee, or other document or information required by law until the report, fee payment, document, or information is filed; except that there shall be no maximum total fine for candidates for statewide office; or

(d) To pay a penalty not to exceed five thousand dollars ($5,000) per violation for acts of noncompliance with provisions contained within this chapter.

(3) To accept a conciliation agreement, an alleged violator shall deliver the signed agreement to the registry either in person or by mail postmarked not later than ten (10) days after the day he received it. The registry may institute a civil action in Franklin Circuit Court or the Circuit Court for the county of the violator’s residence to enforce the provisions of any conciliation agreement accepted by a violator who is not complying with its provisions.

(4) If the alleged violator declines to accept the conciliation agreement or fails to respond within the time allowed, the registry shall submit a written request to the Chief Justice of the Kentucky Supreme Court to recommend not fewer than five (5) nor more than ten (10) retired or former justices or retired or former judges of the Court of Justice who are qualified and willing to conduct a hearing to determine if a violation has occurred. Upon receipt of the recommendations of the Chief Justice, the registry shall randomly select one (1) retired or former justice or judge from the list to conduct the hearing, which shall be held in accordance with the Kentucky Rules of Civil Procedure, or, if the Chief Justice declines to make recommendations, the registry, on its own initiative, shall request retired or former justices or judges to serve. The time and location of hearings shall be determined by the registry. Retired or former justices or judges selected to serve shall receive reimbursement from the registry for their reasonable and necessary expenses incurred as a result of the performance of their duties at the hourly rate set for attorneys by the Finance and Administration Cabinet. The registry shall notify the complainant and the alleged violator that a hearing shall be conducted of the specific offenses alleged not less than thirty (30) days prior to the date of the hearing. At the hearing, which shall be open to the public pursuant to KRS 61.810, the attorney for the registry shall present the evidence against the alleged violator, and the alleged violator shall have all of the protections of due process, including, but not limited to, the right to be represented by counsel, the right to call and examine witnesses, the right to the production of evidence by subpoena, the right to introduce exhibits and the right to cross-examine opposing witnesses. If the justice or judge determines that the preponderance of the evidence shows a violation has occurred, the justice or judge shall render a decision not more than sixty (60) days after the case is submitted for determination. The decision shall become the final decision of the registry unless the registry board at its next regular meeting acts to set aside or modify the justice’s or judge’s decision, in which case the registry board’s decision shall become the final registry decision. A party adversely affected by the registry’s order may appeal to Franklin Circuit Court within thirty (30) days after the date of the registry’s order. The violator may be ordered to comply with any one (1) or more of the following requirements:

(a) To cease and desist violation of this law;

(b) To file any reports or other documents or information required by this law;

(c) To pay a penalty not to exceed one hundred dollars ($100) a day, up to a maximum total fine of five thousand dollars ($5,000), for failure to file any report, payment of an administrative fee, or other document or information required by law until the report, fee payment, document, or information is filed; except that there shall be no maximum total fine for candidates for statewide office; or

(d) To pay a penalty not to exceed five thousand dollars ($5,000) per violation for acts of noncompliance with provisions contained within this chapter. An appeal of an order shall be advanced on the docket to permit a timely decision.

(5) If the registry concludes that there is probable cause to believe that the campaign finance law has been violated knowingly, it shall refer the violation to the Attorney General or the appropriate Commonwealth’s or county attorney for prosecution. The Attorney General may request the registry’s attorney or the appropriate county or Commonwealth’s attorney to prosecute the matter and may request from the registry all evidence collected in its investigation. In the event the Attorney General or the appropriate local prosecutor fails to prosecute in a timely fashion, the registry may petition the Circuit Court to appoint the registry’s attorney to prosecute, and upon a motion timely filed, for good cause shown, the court shall enter an order to that effect. Prosecutions involving campaign finance law violations, in which the reports are required to be filed in Frankfort, may be conducted in Franklin Circuit Court or in the Circuit Court for the county in which the contribution or expenditure constituting a campaign finance violation was solicited, made, or accepted. The prosecution of a person who unlawfully solicits, makes, or accepts a contribution or expenditure through the use of the mail may be conducted in the Circuit Court for the county in which the solicitation is mailed, the county in which the contribution is mailed or received, or the county in which the expenditure is mailed.

(6) Any person directly involved or affected by an action of the registry which is final, other than of a determination to refer a violation to the Attorney General or appropriate Commonwealth’s or county attorney for prosecution, may seek judicial review of the action within thirty (30) days after the date of the action.

(7) If judicial review is sought of any action of the registry relating to a pending election, the matter shall be advanced on the docket of the court. The court may take any steps authorized by law to accelerate its procedures so as to permit a timely decision.

HISTORY: 1998 c 109, § 1, eff. 7-15-98; 1994 c 458, § 7, eff. 7-15-94; 1992 c 288, § 46, eff. 7-14-92; 1988 c 341, § 19, 42; 1986 c 100, § 3; 1980 c 292, § 5; 1974 c 253, § 3

121.150. Campaign contribution restrictions and expenditure limitations.

(1) No contribution shall be made or received, directly or indirectly, other than an independent expenditure, to support inauguration activities or to support or defeat a candidate, slate of candidates, constitutional amendment, or public question which will appear on the ballot in an election, except through the duly appointed campaign manager, or campaign treasurer of the candidate, slate of candidates, or registered committee. Any person making an independent expenditure, shall report these expenditures when the expenditures by that person exceed five hundred dollars ($500) in the aggregate in any one (1) election, on a form provided or using a format approved by the registry and shall sign a statement on the form, under penalty of perjury, that the expenditure was an actual independent expenditure and that there was no prior communication with the campaign on whose behalf it was made.

(2) Except as provided in KRS 121.180(10), the solicitation from and contributions by campaign committees, caucus campaign committees, political issues committees, permanent committees, and party executive committees to any religious, charitable, civic, eleemosynary, or other causes or organizations established primarily for the public good is expressly prohibited; except that it shall not be construed as a violation of this section for a candidate or a slate of candidates to contribute to religious, civic, or charitable groups.

(3) No candidate, slate of candidates, committee, or contributing organization, nor anyone acting on their behalf, shall accept any anonymous contribution in excess of one hundred dollars ($100), and all anonymous contributions in excess of one hundred dollars ($100) shall be returned to the donor, if the donor can be determined. If no donor is found, the contribution shall escheat to the state. No candidate, slate of candidates, committee, or contributing organization, nor anyone acting on their behalf shall accept anonymous contributions in excess of two thousand dollars ($2,000) in the aggregate in any one (1) election. Anonymous contributions in excess of two thousand dollars ($2,000) in the aggregate which are received in any one (1) election shall escheat to the state.

(4) No candidate, slate of candidates, committee, or contributing organization, nor anyone on their behalf, shall accept a cash contribution in excess of one hundred dollars ($100) in the aggregate from each contributor in any one (1) election. No candidate, slate of candidates, committee, or contributing organization, nor anyone on their behalf, shall accept a cashier’s check or money order in excess of the maximum cash contribution limit unless the instrument clearly identifies both the payor and the payee. A contribution made by cashier’s check or money order which identifies both the payor and payee shall be treated as a contribution made by check for purposes of the contribution limits contained in this section. No person shall make a cash contribution in excess of one hundred dollars ($100) in the aggregate in any one (1) election to a candidate, slate of candidates, committee, or contributing organization, nor anyone on their behalf.

(5) No candidate, slate of candidates, committee, contributing organization, nor anyone on their behalf, shall accept any contribution in excess of one hundred dollars ($100) from any person who shall not become eighteen (18) years of age on or before the day of the next general election.

(6) Except as provided in subsection (22) of this section, no candidate, slate of candidates, campaign committee, nor anyone acting on their behalf, shall accept a contribution of more than two thousand dollars ($2,000) as indexed for inflation every odd-numbered year using the preceding year’s percent increase in the non-seasonally adjusted annual average Consumer Price Index for all Urban Consumers (CPI-U), U.S. City Average, All Items, for that year as published by the United States Bureau of Labor Statistics and rounded to the nearest hundred dollars, from any person, permanent committee, or contributing organization in any one (1) election. No person, permanent committee, or contributing organization shall contribute more than two thousand dollars ($2,000) as indexed for inflation every odd-numbered year using the preceding year’s percent increase in the non-seasonally adjusted annual average Consumer Price Index for all Urban Consumers (CPI-U), U.S. City Average, All Items, as published by the United States Bureau of Labor Statistics and rounded to the nearest hundred dollars, to any one (1) candidate, campaign committee, nor anyone acting on their behalf, in any one (1) election.

(7) Permanent committees or contributing organizations affiliated by bylaw structure or by registration, as determined by the Registry of Election Finance, shall be considered as one (1) committee for purposes of applying the contribution limits of subsection (6) of this section.

(8) No permanent committee shall contribute funds to another permanent committee for the purpose of circumventing contribution limits of subsection (6) of this section.

(9) No person shall contribute funds to a permanent committee, political issues committee, or contributing organization for the purpose of circumventing the contribution limits of subsection (6) of this section.

(10) No person shall contribute more than two thousand dollars ($2,000) as indexed for inflation every odd-numbered year using the preceding year’s percent increase in the non-seasonally adjusted annual average Consumer Price Index for all Urban Consumers (CPI-U), U.S. City Average, All Items, for that year as published by the United States Bureau of Labor Statistics and rounded to the nearest hundred dollars, to a permanent committee or contributing organization in any one (1) year.

(11)

(a) No person shall contribute more than five thousand dollars ($5,000) to the state executive committee of a political party in any one (1) year. The contribution limit in this paragraph shall not apply to a contribution designated exclusively for a state executive committee’s building fund account established under KRS 121.172.

(b) No person shall contribute more than five thousand dollars ($5,000) to a subdivision or affiliate of a state political party in any one (1) year.

(c) No person shall contribute more than five thousand dollars ($5,000) to a caucus campaign committee in any one (1) year.

(12) No person shall make a payment, distribution, loan, advance, deposit, or gift of money to another person to contribute to a candidate, a slate of candidates, committee, contributing organization, or anyone on their behalf. No candidate, slate of candidates, committee, contributing organization, nor anyone on their behalf shall accept a contribution made by one (1) person who has received a payment, distribution, loan, advance, deposit, or gift of money from another person to contribute to a candidate, a slate of candidates, committee, contributing organization, or anyone on their behalf.

(13) Subject to the provisions of subsection (17) of this section, no candidate or slate of candidates for nomination to any state, county, city, or district office, nor their campaign committees, nor anyone on their behalf, shall solicit or accept contributions for primary election expenses after the date of the primary. No person other than the candidate or slate of candidates shall contribute for primary election expenses after the date of the primary.

(14) Subject to the provisions of subsection (17) of this section, no candidate or slate of candidates for any state, county, city, or district office at a regular election, nor their campaign committees, nor anyone on their behalf, shall solicit or accept contributions for regular election expenses after the date of the regular election. No person other than the candidate or slate of candidates shall contribute for regular election expenses after the date of the regular election.

(15) Subject to the provisions of subsection (17) of this section, no candidate or slate of candidates for nomination or election to any state, county, city, or district office, nor their campaign committees, nor anyone on their behalf, shall solicit or accept contributions for special election expenses after the date of the special election. No person other than the candidate or slate of candidates shall contribute for special election expenses after the date of the special election.

(16) The provisions of subsections (13) and (14) of this section shall apply only to those candidates in a primary or regular election which shall be conducted subsequent to January 1, 1989. The provisions of subsection (15) of this section shall apply only to those candidates or slates of candidates in a special election which shall be conducted subsequent to January 1, 1993.

(17) A candidate, slate of candidates, or a campaign committee may solicit and accept contributions after the date of a primary election, regular election, or special election to defray necessary expenses that arise after the date of the election associated with election contests, recounts, and recanvasses of a specific election, complaints regarding alleged campaign finance violations that are filed with the registry pertaining to a specific election, or other legal actions pertaining to a specific election to which a candidate, slate of candidates, or campaign committee is a party, and for repayment of debts and obligations owed by the campaign. Reports of contributions received and expenditures made after the date of the specific election shall be made in accordance with KRS 121.180.

(18) No candidate, slate of candidates, committee, except a political issues committee, or contributing organization, nor anyone on their behalf, shall knowingly accept a contribution from a corporation, directly or indirectly, except to the extent that the contribution is designated to a state executive committee’s building fund account established under KRS 121.172.

(19) Nothing in this section shall be construed to restrict the ability of a corporation to administer its permanent committee insofar as its actions can be deemed not to influence an election as prohibited by KRS 121.025.

(20) No candidate, slate of candidates, or committee, nor anyone on their behalf, shall solicit a contribution of money or services from a state employee, whether or not the employee is covered by the classified service provisions of KRS Chapter 18A. However, it shall not be a violation of this subsection for a state employee to receive a solicitation directed to him as a registered voter in an identified precinct as part of an overall plan to contact voters not identified as state employees.

(21) No candidate or slate of candidates for any office in this state shall accept a contribution, including an in-kind contribution, which is made from funds in a federal campaign account. No person shall make a contribution, including an in- kind contribution, from funds in a federal campaign account to any candidate or slate of candidates for any office in this state.

(22) It shall be permissible for a married couple to make a contribution with one (1) check that reflects the combined individual contribution limits of each individual spouse per election, as set forth in subsection (6) of this section, for all elections in a calendar year and the following shall be required to be written on the check:

(a) The signatures of both spouses on the signature line of the check; and

(b) The designation of each contribution amount and the election or elections to which they apply shall be memorialized on the memo line of the check.

HISTORY: 2017 c 122, § 2, eff. 6-29-17; 2011 c 51, § 1, eff. 6-8-11; 2008 c 129, § 11, eff. 7-15-08; 2005 c 105, § 5, eff. 3-16-05; 2000 c 398, § 4, eff. 7-14-00; 1998 c 599, § 1, eff. 7-15-98; 1996 c 188, § 1, c 153, § 3, eff. 7-15-96; 1996 c 372, § 1, eff. 4-12-96; 1994 c 458, § 8, eff. 7-15-94; 1993 1st ex s, c 4, § 57, eff. 9-16-93 (subsections (4) and (25) eff. 11-3-93 per 1993 1st ex s, c 4, § 88; subsections (7) and (10) eff. 1-1-94 per § 89); 1992 c 288, § 25; 1990 c 476, § 73, c 314, § 1; 1988 c 341, § 43, c 15, § 1, c 55, § 1, c 118, § 2; 1986 c 168, § 1, c 100, § 4; 1980 c 292, § 6; 1974 c 130, § 187, c 375, § 4

121.160. Campaign treasurers — Duties.

(1) As part of the filing papers each candidate or slate of candidates shall, on a duplicate form prescribed and furnished by the registry, designate a campaign treasurer to act as their agent at the time and at the office with which they file as a candidate or slate of candidates and until this requirement is met the candidate or slate of candidates shall be listed as their own treasurer and accountable as such. The candidate or slate of candidates may appoint themselves or any registered voter in Kentucky as the campaign treasurer. The office with which the candidate or slate of candidates is required to file shall immediately forward to the registry the duplicate copy of the completed form designating the candidate’s or slate’s campaign treasurer and shall attach the original to the candidate’s or slate’s filing papers. The office with which the candidate or slate of candidates files shall promptly notify the registry when a candidate withdraws.

(2) The duties of a campaign treasurer shall be to:

(a) Designate a depository bank in which the primary campaign account shall be maintained and deposit all contributions in that account;

(b) Keep detailed and exact accounts of:

  1. Contributions of any amount made by a permanent committee, by name and business address of the permanent committee, the date of the contribution, the amount contributed, and a description of the major business, social, or political interest represented by the permanent committee;
  2. Contributions in excess of one hundred dollars ($100) made to a candidate or slate of candidates for a statewide-elected state office, by the date, name, address, occupation, and employer of each contributor and the spouse of the contributor or, if the contributor or spouse of the contributor is self-employed, the name under which he is doing business, and the amount contributed by each contributor; and
  3. Contributions in excess of one hundred dollars ($100) made to any candidate other than those specified in subparagraph 2., by name, address, age if under legal voting age, date of the contribution, amount of the contribution, and the employer and occupation of each other contributor. If the contributor is self-employed, the name under which he is doing business shall be listed. The occupation listed for the contributor shall be specific. A general classification, such as “businessman”, shall be insufficient;

(c) Make or authorize all expenditures on behalf of a candidate or slate of candidates. Any expenditure in excess of twenty-five dollars ($25) shall be by check and the treasurer’s records shall disclose the name, address, and occupation of every person or firm to whom made, and shall list the date and amount of the expenditure and the treasurer shall keep a receipted bill for each;

(d) Maintain all receipted bills and accounts required by this section for a period of six (6) years from the date he files his last report under KRS 121.180(3)(b)1.; and

(e) Make no payment to any person not directly providing goods or services with the intent to conceal payment to another.

(3) A candidate or slate of candidates may remove a campaign treasurer at any time.

(4) In case of the death, resignation, or removal of a campaign treasurer, the candidate or slate of candidates shall within three (3) days after receiving notice thereof by certified mail, appoint a successor and shall file his name and address with the registry. The candidate, or slate shall be accountable as their own campaign treasurer if they fail to meet this filing requirement.

(5) A person may serve as campaign treasurer for more than one (1) candidate or slate of candidates, but all reports shall be made separately for each individual candidate or slate.

(6) The candidate or slate of candidates may pay a campaign treasurer a salary for his services which shall be considered a campaign expense and shall comply with the reporting provisions of KRS 121.180 and administrative regulations promulgated by the registry.

HISTORY: 1994 c 458, § 9, eff. 7-15-94; 1993 1st ex s, c 4, § 58, eff. 11-3-93; 1992 c 288, § 26; 1988 c 341, § 44; 1986 c 100, § 5; 1984 c 111, § 69; 1980 c 114, § 17; 1976 c 6, § 1; 1974 c 375, § 5, c 315, § 10, c 130, § 188

121.170. Registration of committees and fundraisers — Information required — Permanent committee by member of General Assembly prohibited — Official contact person.

(1) Any committee, except a federally registered out-of-state permanent committee, organized under any provisions of this chapter shall register with the registry, by filing official notice of intention at the time of organization, giving names, addresses, and positions of the officers of the organization, identifying an official contact person of the committee, and designating the candidate or candidates, slate of candidates, or question it is organized to support or oppose on forms prescribed by the registry; except that no campaign committee for a slate of candidates for Governor and Lieutenant Governor shall be registered prior to the filing of a joint notification and declaration by the slate of candidates pursuant to KRS 118.125 and 118.127. No entity which is excluded from the definition of “campaign committee” established in KRS 121.015(3)(a) shall be required to register as a committee with the registry. The name of the committee shall reasonably identify to the public the sponsorship and purpose of the committee. The forms filed with the registry shall require the registrant to clearly identify the specific purpose, sponsorship, and source from which the committee originates; and the registry shall refuse to allow filing by any committee until this requirement has been satisfied.

(2) Any person who acts as a fundraiser by directly soliciting contributions for an election campaign of a candidate or slate of candidates for statewide-elected state office or an office in a jurisdiction containing in excess of two hundred thousand (200,000) residents shall register with the registry when he or she raises in excess of three thousand dollars ($3,000) in any one (1) election for the campaign committee by filing official notice giving his or her name, address, occupation, employer or, if he or she is self-employed, the name under which he or she is doing business, and all candidates or slates of candidates for whom he or she is soliciting on forms prescribed by the registry. A registered fundraiser shall comply with the campaign finance reporting requirements of KRS 121.180(3), (4), and (5).

(3) All provisions of KRS 121.160 governing the duties and responsibilities of a candidate, slate of candidates, or campaign treasurer shall apply to a registered committee, except a federally registered out-of-state permanent committee, and a person acting as a campaign fundraiser. In case of the death, resignation, or removal of a campaign treasurer for a permanent committee or executive committee, the chairperson of the permanent committee or executive committee shall, within three (3) days after receiving notice of the vacancy by certified mail, appoint a successor as treasurer for the committee and file the name and address of the successor with the registry. The chairperson of the permanent committee or executive committee shall be accountable as the treasurer for the committee if the chairperson fails to meet this filing requirement.

(4) The chairperson of a committee and the campaign treasurer shall be separate persons.

(5) Any federally registered out-of-state permanent committee that contributes to a Kentucky candidate or a slate of candidates shall:

(a) File with the registry a copy of its federal registration (Federal Election Commission Form 1 – Committee Registration Form);

(b) File with the registry a copy of the Federal Election Commission finance report when a contribution is made to a Kentucky candidate or a slate of candidates; and

(c) Contribute not more than the maximum amount permitted for a permanent committee to make under Kentucky law to any candidate or to any slate of candidates for any office in this Commonwealth.

(6) Notwithstanding any provision of law to the contrary, a contribution made by a federally registered permanent committee to any candidate or to any slate of candidates for any office in this Commonwealth that complies with the provisions of 2 U.S.C. sec. 441b, 11 C.F.R. sec. 104.10, 11 C.F.R. sec. 106.6, and 11 C.F.R. sec. 114.1-114.12 regarding limitations on contributions by corporations shall be deemed to comply with the campaign finance laws of this Commonwealth prohibiting corporate contributions to candidates or slates of candidates.

(7) The organization, formation, or registration of a permanent committee by any member of the General Assembly shall be prohibited.

(8) The official contact person of a permanent committee shall not be a legislative agent as defined in KRS 6.611 or an executive agency lobbyist as defined in KRS 11A.201.

HISTORY: 2011 c 51, § 2, eff. 6-8-11; 2005 c 105, § 6, eff. 3-16-05; 1998 c 599, § 2, eff. 7-15-98; 1996 c 153, § 6, c 179, § 2, eff. 7-15-96; 1994 c 458, § 10, eff. 7-15-94; 1993 1st ex s, c 4, § 59, eff. 1-1-94; 1992 c 288, § 27; 1988 c 341, § 45; 1986 c 100, § 6; 1980 c 292, § 7; 1974 c 130, § 189, c 253, § 4, c 375, § 6

121.172. State political party building fund account — Permitted and prohibited expenditures — Exclusive designation of contributions — Information provided to potential contributors — Separate bank account required — Reports of contributions and expenditures.

(1) A state executive committee of a political party may establish a building fund account. The registry shall promulgate administrative regulations, in accordance with KRS Chapter 13A, necessary to implement this section.

(2) A building fund account established under this section may be used for expenditures related to the purchase, construction, maintenance, renovation, and repair of the state executive committee’s main headquarters facility. Permissible expenditures from a building fund account shall be limited to payments for or purchases of:

(a) Land;

(b) Leases and property taxes;

(c) Appliances and fixtures;

(d) Utilities, pest control, lawn care, security, and trash removal;

(e) Equipment for Internet, telephone, cable or satellite television, or other communications services;

(f) Building construction, expansion, or renovation;

(g) Major and minor repairs to the state executive committee’s main headquarters facility, including but not limited to the facility’s roof, foundation, and structure, and to the facility’s plumbing, HVAC, and electrical systems; and

(h) The services of contractors, subcontractors, and other building design or construction professionals related to the state executive committee’s main headquarters facility.

(3) A building fund account established under this section shall not be used to advocate for or against the election or defeat of a clearly identified candidate or a ballot measure or for issue advocacy.

(4) Prohibited expenditures from a building fund account include:

(a) Money or in-kind contributions to a federal, state, or local candidate or slate of candidates;

(b) Money or in-kind contributions to a state or local committee; and

(c) Money or in-kind contributions to advocate for or against the election or defeat of a clearly identified candidate or a ballot measure or for issue advocacy.

(5) Contributions solicited and accepted by a state executive committee for a building fund account established under this section shall be designated as being exclusively for the state executive committee’s building fund account.

(6) The state executive committee shall advise all potential contributors to a building fund account established under this section that funds contributed will be used exclusively for the building fund account and will not be used to advocate for or against the election or defeat of a clearly identified candidate or a ballot measure or for issue advocacy.

(7) For any building fund account established under this section, a state executive committee shall establish a separate bank account into which all contributions shall be deposited, and no other contributions shall be commingled with building fund account contributions.

(8) A state executive committee shall report all contributions to and expenditures from a building fund account to the Registry of Election Finance on a quarterly basis, as required by KRS 121.180.

HISTORY: 2017 c 122, § 4, eff. 6-29-17

121.175. Allowable campaign expenditures — Administrative regulations — Penalties.

(1) No candidate, committee, or contributing organization shall permit funds in a campaign account to be expended for any purpose other than for allowable campaign expenditures. “Allowable campaign expenditures” means expenditures including reimbursement for actual expenses, made directly and primarily in support of or opposition to a candidate, constitutional amendment, or public question which will appear on the ballot and includes, but is not limited to, expenditures for staff salaries, gifts and meals for volunteer campaign workers, food and beverages provided at a campaign rally, advertising, office space, necessary travel, campaign paraphernalia, purchases of advertisements in athletic and scholastic publications, communications with constituents or prospective voters, polling and consulting, printing, graphic arts, or advertising services, postage, office supplies, stationery, newsletters, and equipment which is used primarily for the administration of the campaign. “Allowable campaign expenditures” does not include expenditures of funds in a campaign account for any purpose made unlawful by other provisions of the Kentucky Revised Statutes or which would bestow a private pecuniary benefit, except for payment of the reasonable value of goods and services provided upon a candidate, member of the candidate’s family, committee, or contributing organization, or any of their employees, paid or unpaid, including: tickets to an event which is unrelated to a political campaign or candidacy; items of personal property for distribution to prospective voters except items bearing the name, likeness, or logo of a candidate or a campaign-related communication; expenditures to promote or oppose a candidacy for a leadership position in a governmental, professional, or political organization, or other entity; and equipment or appliances the primary use of which is for purposes outside of the campaign. The provisions of KRS 121.190 notwithstanding, a candidate shall not be required to include a disclaimer on campaign stationery purchased with funds from his campaign account. A member of the General Assembly may utilize funds in his campaign account to purchase admission tickets for political party functions and caucus campaign committee functions, to purchase items with a value of not in excess of one hundred dollars ($100) for donation to a political party or caucus campaign committee for auctions and fundraisers, and to participate in or support other events sponsored by a political party or caucus campaign committee. A member of the General Assembly may make allowable campaign expenditures in both election years and nonelection years.

(2) By December 31, 1993, the registry shall promulgate administrative regulations to implement and enforce the provisions of subsection (1).

(3) In lieu of the penalties provided in KRS 121.140 and 121.990 for a violation of this section, the registry may, after hearing:

(a) For a violation which was not committed knowingly, order the violator to repay the amount of campaign funds which were expended for other than allowable campaign expenditures, and if not repaid within thirty (30) days, may impose a fine of up to one hundred dollars ($100) for each day the amount is not repaid, up to a maximum fine of one thousand dollars ($1,000); and

(b) For a violation which was committed knowingly, in addition to referring the matter for criminal prosecution, order the violator to repay the amount of campaign funds which were expended for other than allowable campaign expenditures, and if not repaid within thirty (30) days, may impose a fine of up to one hundred dollars ($100) for each day the amount is not repaid, up to a maximum fine of one thousand dollars ($1,000).

HISTORY: 2005 c 105, § 7, eff. 3-16-05; 1994 c 458, § 11, c 479, § 7, eff. 7-15-94; 1993 1st ex s, c 4, § 63, eff. 11-3-93

121.180. Request for exemption from campaign finance reporting requirements — Reports required of committees and treasurers — Penalties — Use of campaign funds — Prohibited uses — Disposition of unexpended campaign funds — Electronic reporting — “No change since last report” designation.

(1)

(a) Any candidate, slate of candidates, or political issues committee shall be exempt from filing any campaign finance reports required by subsections (3) and (4) of this section if the candidate, slate of candidates, or political issues committee chair files a form prescribed and furnished by the registry stating that currently no contributions have been received and that contributions will not be accepted or expended in excess of three thousand dollars ($3,000) in any one (1) election. A separate form shall be required for each primary, regular, or special election in which the candidate or slate of candidates participates or in which the public question appears on the ballot, unless the candidate, slate of candidates, or political issues committee chair indicates on a request for exemption that the request will be applicable to more than one (1) election. The form shall be filed with the same office with which a candidate or slate of candidates files nomination papers or, in the case of a political issues committee, with the registry.

(b) For a primary, a candidate or slate of candidates shall file a request for exemption not later than the deadline for filing nomination papers and, except as provided in subparagraph 2. of paragraph (c) of this subsection, shall be bound by its terms unless it is rescinded in writing not later than thirty (30) days preceding the primary. For a regular election, a candidate or slate of candidates shall file or rescind in writing a request for exemption not later than sixty (60) days preceding the regular election, except as provided in subparagraph 2. of paragraph (c) of this subsection. For a special election, a candidate or slate of candidates shall file a request for exemption not later than ten (10) days after the candidate or slate of candidates is nominated for a special election and shall be bound by its terms unless it is rescinded in writing not later than thirty (30) days preceding the special election. A political issues committee chair shall file a request for exemption when the committee registers with the registry and shall be bound by its terms unless it is rescinded in writing not later than thirty (30) days preceding the date the issue appears on the ballot.

(c)

1. A candidate or slate of candidates that revokes a request for exemption in a timely manner shall file all reports required of a candidate intending to raise or spend in excess of three thousand dollars ($3,000) in an election. To revoke the request for an exemption, the candidate or slate of candidates shall file the appropriate form with the registry not later than the deadline for filing a revocation.

2. A candidate or slate of candidates that is exempted from campaign finance reporting requirements pursuant to paragraph (a) of this subsection but who accepts contributions or makes expenditures in excess of the exempted amount in an election, shall file all applicable reports required for the remainder of that election, based upon the amount of contributions or expenditures the candidate or slate of candidates accepts or receives in that election. The filing of applicable required reports by a candidate or slate of candidates after the exempted amount is exceeded shall serve as notice to the registry that the initial exemption has been rescinded. No further notice to the registry shall be required and no penalty for exceeding the initial exempted amount shall be imposed against the candidate or slate of candidates, except for failure to file applicable reports required after the exempted amount is exceeded.

(d) Any candidate or slate of candidates that is subject to a June or August filing deadline and that intends to execute a request for exemption shall file the appropriate request for exemption not later than the filing deadline and, except as provided in subparagraph 2. of paragraph (c) of this subsection, shall be bound by its terms unless it is rescinded in writing not later than sixty (60) days preceding the regular election. A candidate or slate of candidates that is covered by this paragraph shall have the same reversion rights as those provided in subparagraph 1. of paragraph (c) of this subsection.

(e) Any candidate or slate of candidates that will appear on the ballot in a regular election that has signed a request for exemption for that election may exercise the reversion rights provided in subparagraph 1. of paragraph (c) of this subsection if a candidate or slate of candidates that is subject to a June or August filing deadline subsequently files in opposition to the candidate or slate of candidates. Except as provided in subparagraph 2. of paragraph (c) of this subsection, a candidate or slate of candidates covered by this paragraph shall comply with the deadline for rescission provided in subparagraph 1. of paragraph (c) of this subsection.

(f) Except as provided in subparagraph 2. of paragraph (c) of this subsection, any candidate or slate of candidates that has filed a request for exemption for a regular election that later is opposed by a person who has filed a declaration of intent to receive write-in votes may rescind the request for exemption and exercise the reversion rights provided in subparagraph 1. of paragraph (c) of this subsection.

(g) Any candidate or slate of candidates that has filed a request for exemption may petition the registry to determine whether another person is campaigning as a write-in candidate prior to having filed a declaration of intent to receive write-in votes, and, if the registry determines upon a preponderance of the evidence that a person who may later be a write-in candidate is conducting a campaign, the candidate or slate of candidates, except as provided in subparagraph 2. of paragraph (c) of this subsection, may petition the registry to permit the candidate or slate of candidates to exercise the reversion rights provided in subparagraph 1. of paragraph (c) of this subsection.

(h) If the opponent of a candidate or slate of candidates is replaced due to his or her withdrawal because of death, disability, or disqualification, the candidate or slate of candidates, except as provided in subparagraph 2. of paragraph (c) of this subsection, may exercise the reversion rights provided in subparagraph 1. of paragraph (c) of this subsection not later than fifteen (15) days after the party executive committee nominates a replacement for the withdrawn candidate or slate of candidates.

(i) A person intending to be a write-in candidate for any office in a regular or special election may execute a request for exemption under paragraph (a) of this subsection and shall be bound by its terms unless it is rescinded in writing not later than fifteen (15) days preceding the regular or special election. A person intending to be a write-in candidate who revokes a request for exemption in a timely manner shall file all reports required of a candidate intending to raise or spend in excess of three thousand dollars ($3,000) in an election. Except as provided in subparagraph 2. of paragraph (c) of this subsection, a person intending to be a write-in candidate who revokes a request for exemption shall file the appropriate form with the registry.

(j) Except as provided in subparagraph 2. of paragraph (c) of this subsection, the campaign committee of any candidate or slate of candidates that has filed a request for exemption or a political issues committee whose chair has filed a request for exemption shall be bound by its terms unless it is rescinded in a timely manner.

(k)

1. Except as provided in subparagraph 2. of paragraph (c) of this subsection, any candidate, slate of candidates, or political issues committee that is exempt from filing campaign finance reports pursuant to paragraph (a), (d), or (i) of this subsection that accepts contributions or makes expenditures, or whose campaign treasurer accepts contributions or makes expenditures, in excess of the applicable limit in any one (1) election without rescinding the request for exemption in a timely manner shall comply with all applicable reporting requirements and, in lieu of other penalties prescribed by law, pay a fine of not less than five hundred dollars ($500).

2. Except as provided in subparagraph 2. of paragraph (c) of this subsection, a candidate, slate of candidates, campaign committee, or political issues committee that is exempt from filing campaign finance reports pursuant to paragraph (a), (d), or (i) of this subsection that knowingly accepts contributions or makes expenditures in excess of the applicable spending limit in any one (1) election without rescinding the request for exemption in a timely manner shall comply with all applicable reporting requirements and shall be guilty of a Class D felony.

(2)

(a) State and county executive committees, and caucus campaign committees shall make a full report, upon a prescribed form, to the registry, of all money, loans, or other things of value, received from any source, and expenditures authorized, incurred, or made, since the date of the last report, including:

1. For each contribution of any amount made by a permanent committee, the name and business address of the permanent committee, the date of the contribution, the amount contributed, and a description of the major business, social, or political interest represented by the permanent committee;

2. For other contributions in excess of one hundred dollars ($100), the full name, address, age if less than the legal voting age, the date of the contribution, the amount of the contribution, and the employer and occupation of each contributor. If the contributor is self-employed, the name under which he or she is doing business shall be listed;

3. The total amount of cash contributions received during the reporting period; and

4. A complete statement of expenditures authorized, incurred, or made. The complete statement of expenditures shall include the name and address of each person to whom an expenditure is made in excess of twenty-five dollars ($25), and the amount, date, and purpose of each expenditure.

(b) In addition to the reporting requirements in paragraph (a) of this subsection, the state executive committee of a political party that has established a building fund account under KRS 121.172 shall make a full report, upon a prescribed form, to the registry, of all contributions received from any source, and expenditures authorized, incurred, or made, since the date of the last report for the separate building fund account, including:

1. For each contribution of any amount made by a corporation, the name and business address of the corporation, the date of the contribution, the amount contributed, and a description of the major business conducted by the corporation;

2. For other contributions in excess of one hundred dollars ($100), the full name and address of the contributor, the date of the contribution, the amount of the contribution, and the employer and occupation of each contributor. If the contributor is self-employed, the name under which he or she is doing business shall be listed;

3. The total amount of cash contributions received during the reporting period; and

4. A complete statement of expenditures authorized, incurred, or made. The complete statement of expenditures shall include the name and address of each person to whom an expenditure is made in excess of twenty-five dollars ($25), and the amount, date, and purpose of each expenditure.

(c) The report required by paragraph (a) of this subsection shall be made on a semiannual basis and shall be received by the registry by January 31 and by July 31. The January report shall cover the period from July 1 to December 31. The July report shall cover the period from January 1 to June 30. If an individual gives a reportable contribution to a caucus campaign committee or to a state or county executive committee with the intention that the contribution or a portion of the contribution go to a candidate or slate of candidates, the name of the contributor and the sum shall be indicated on the committee report. The report required by paragraph (b) of this subsection relating to a state executive committee’s building fund account shall be received by the registry within two (2) business days after the close of each calendar quarter. The receipts and expenditures of funds remitted to each political party under KRS 141.071 to 141.073 shall be separately accounted for and reported to the registry in the manner required by KRS 121.230. The separate report may be made a separate section within the report required by this subsection to be received by the registry by January 31.

(3)

(a) Except for candidates or slates of candidates, campaign committees, or political issues committees exempted from reporting requirements pursuant to subsection (1) of this section, each campaign treasurer of a candidate, slate of candidates, campaign committee, or political issues committee who accepts contributions or expends, expects to accept contributions or expend, or contracts to expend more than three thousand dollars ($3,000) in any one (1) election, and each fundraiser who secures contributions in excess of three thousand dollars ($3,000) in any one (1) election, shall make a full report to the registry, on a form provided or using a format approved by the registry, of all money, loans, or other things of value, received from any source, and expenditures authorized, incurred, and made, since the date of the last report, including:

1. For each contribution of any amount made by a permanent committee, the name and business address of the permanent committee, the date of the contribution, the amount contributed, and a description of the major business, social, or political interest represented by the permanent committee;

2. For each contribution in excess of one hundred dollars ($100) made to a candidate or slate of candidates for a statewide-elected state office, or to a campaign committee for a candidate or slate of candidates for a statewide-elected state office, the date, name, address, occupation, and employer of each contributor and the spouse of the contributor or, if the contributor or spouse of the contributor is self-employed, the name under which he or she is doing business, and the amount contributed by each contributor;

3. For each contribution in excess of one hundred dollars ($100) made to any candidate or campaign committee other than those specified in subparagraph 2. of this paragraph or a political issues committee, the full name, address, age if less than the legal voting age, the date of the contribution, the amount of the contribution, and the employer and occupation of each other contributor. If the contributor is self-employed, the name under which he or she is doing business shall be listed;

4. The total amount of cash contributions received during the reporting period; and

5. A complete statement of all expenditures authorized, incurred, or made. The complete statement of expenditures shall include the name, address, and occupation of each person to whom an expenditure is made in excess of twenty-five dollars ($25), and the amount, date, and purpose of each expenditure.

(b) Reports of all candidates, slates of candidates, campaign committees, political issues committees, and registered fundraisers shall be made as follows:

1. Candidates as defined in KRS 121.015(8), slates of candidates, candidate-authorized and unauthorized campaign committees, political issues committees, and fundraisers which register in the year before the year an election in which the candidate, a slate of candidates, or public question shall appear on the ballot, shall file financial reports with the registry at the end of the first calendar quarter after persons become candidates or slates of candidates, or following registration of the committee or fundraiser, and each calendar quarter thereafter, ending with the last calendar quarter of that year. Candidates, slates of candidates, committees, and registered fundraisers shall make all reports required by this section during the year in which the election takes place;

2. All candidates, slates of candidates, candidate-authorized and unauthorized campaign committees, political issues committees, and registered fundraisers shall make reports on the sixtieth day preceding a regular election, including all previous contributions and expenditures;

3. All candidates, slates of candidates, candidate-authorized and unauthorized campaign committees, political issues committees, and registered fundraisers shall make reports on the thirtieth day preceding an election, including all previous contributions and expenditures;

4. All candidates, slates of candidates, candidate-authorized and unauthorized campaign committees, political issues committees, and registered fundraisers shall make reports on the fifteenth day preceding the date of the election; and

5. All reports to the registry shall cover campaign activity during the entire reporting period and must be received by the registry within two (2) business days after the date the reporting period ends to be deemed timely filed.

(4) Except for candidates, slates of candidates, and political issues committees, exempted pursuant to subsection (1)(a) of this section, all candidates, regardless of funds received or expended, candidate-authorized and unauthorized campaign committees, political issues committees, and registered fundraisers shall make post-election reports within thirty (30) days after the election. All post-election reports to the registry shall cover campaign activity during the entire reporting period and must be received by the registry within two (2) business days after the date the reporting period ends to be deemed timely filed.

(5) In making the preceding reports, the total gross receipts from each of the following categories shall be listed: proceeds from the sale of tickets for events such as testimonial affairs, dinners, luncheons, rallies, and similar fundraising events, mass collections made at the events, and sales of items such as campaign pins, buttons, hats, ties, literature, and similar materials. When any individual purchase or the aggregate purchases of any item enumerated above from a candidate or slate of candidates for a statewide-elected state office or a campaign committee for a candidate or slate of candidates for a statewide-elected state office exceeds one hundred dollars ($100), the purchaser shall be identified by name, address, age, if less than the legal voting age, occupation, and employer and the employer of the spouse of the purchaser or, if the purchaser or the spouse of the purchaser is self-employed, the name under which he or she is doing business, and the amount of the purchase. When any individual purchase or the aggregate purchases of any item enumerated above from any candidate or campaign committee other than a candidate or slate of candidates for a statewide-elected state office or campaign committee for a candidate or slate of candidates for a statewide-elected state office exceeds one hundred dollars ($100), the purchaser shall be identified by name, address, age if less than the legal voting age, occupation, and employer, or if the purchaser is self-employed, the name under which he or she is doing business, and the amount of the purchase. The lists shall be maintained by the campaign treasurer, political issues committee treasurer, registered fundraiser, or other sponsor for inspection by the registry for six (6) years following the date of the election.

(6) Each permanent committee, except a federally registered permanent committee, inaugural committee, or contributing organization shall make a full report to the registry, on a form provided or using a format approved by the registry, of all money, loans, or other things of value, received by it from any source, and all expenditures authorized, incurred, or made, since the date of the last report, including:

(a) For each contribution of any amount made by a permanent committee, the name and business address of the permanent committee, the date of the contribution, the amount contributed, and a description of the major business, social, or political interest represented by the permanent committee;

(b) For other contributions in excess of one hundred dollars ($100), the full name, address, age if under the legal voting age, the date of the contribution, the amount of the contribution, and the employer and occupation of each contributor. If the contributor is self-employed, the name under which he or she is doing business shall be listed;

(c) An aggregate amount of cash contributions, the amount contributed by each contributor, and the date of each contribution; and

(d) A complete statement of all expenditures authorized, incurred, or made, including independent expenditures. This report shall be made by a permanent committee, inaugural committee, or contributing organization to the registry on the last day of the first calendar quarter following the registration of the committee with the registry and on the last day of each succeeding calendar quarter until such time as the committee terminates. A contributing organization shall file a report of contributions received and expenditures on a form provided or using a format approved by the registry not later than the last day of each calendar quarter in which contributions are received or expenditures are made. All reports to the registry shall be received on or before each filing deadline, and any report received by the registry within two (2) business days after each filing deadline shall be deemed timely filed.

(7) If the final statement of a candidate, campaign committee, or political issues committee shows an unexpended balance of contributions, continuing debts and obligations, or an expenditure deficit, the campaign treasurer shall file with the registry a supplemental statement of contributions and expenditures not more than thirty (30) days after the deadline for filing the final statement. Subsequent supplemental statements shall be filed annually, to be received by the registry by December 1 of each year, until the account shows no unexpended balance, continuing debts and obligations, expenditures, or deficit, or until the year before the candidate or a slate of candidates seeks to appear on the ballot for the same office for which the funds in the campaign account were originally contributed, in which case the candidate or a slate of candidates shall file the supplemental annual report by December 1 of that year or at the end of the first calendar quarter of that year after the candidate or slate of candidates files nomination papers for the next year’s primary or regular election. All post-election reports to the registry shall cover campaign activity during the entire reporting period and must be received by the registry within two (2) business days after the date the reporting period ends to be deemed timely filed. All contributions shall be subject to KRS 121.150 as of the date of the election in which the candidate appeared on the ballot.

(8) All reports filed under the provisions of this chapter shall be a matter of public record open to inspection by any member of the public immediately upon receipt of the report by the registry.

(9) A candidate or slate of candidates is relieved of the duty personally to file reports and keep records of receipts and expenditures if the candidate or slate states in writing or on forms provided by the registry that:

(a) Within five (5) business days after personally receiving any contributions, the candidate or slate of candidates shall surrender possession of the contributions to the treasurer of their principal campaign committee without expending any of the proceeds thereof. No contributions shall be commingled with the candidate’s or slated candidates’ personal funds or accounts. Contributions received by check, money order, or other written instrument shall be endorsed directly to the campaign committee and shall not be cashed or redeemed by the candidate;

(b) The candidate or slate of candidates shall not make any unreimbursed expenditure for the campaign, except that this paragraph does not preclude a candidate or slate from making an expenditure from personal funds to the designated principal campaign committee, which shall be reported by the committee as a contribution received; and

(c) The waiver shall continue in effect as long as the candidate or slate of candidates complies with the conditions under which it was granted.

(10) No candidate, slate of candidates, campaign committee, political issues committee, or contributing organization shall use or permit the use of contributions or funds solicited or received for the person or in support of or opposition to a public issue which will appear on the ballot to further the candidacy of the person for a different public office, to support or oppose a different public issue, or to further the candidacy of any other person for public office; except that nothing in this subsection shall be deemed to prohibit a candidate or slate of candidates from using funds in the campaign account to purchase admission tickets for any fundraising event or testimonial affair for another candidate or slate of candidates if the amount of the purchase does not exceed two hundred dollars ($200) per event or affair. Any funds or contributions solicited or received by or on behalf of a candidate, slate of candidates, or any committee, which has been organized in whole or in part to further any candidacy for the same person or to support or oppose the same public issue, shall be deemed to have been solicited or received for the current candidacy or for the election on the public issue if the funds or contributions are solicited or received at any time prior to the regular election for which the candidate, slate of candidates, or public issue is on the ballot. Any unexpended balance of funds not otherwise obligated for the payment of expenses incurred to further a political issue or the candidacy of a person shall, in whole or in part, at the election of the candidate or committee, escheat to the State Treasury, be returned pro rata to all contributors, or, in the case of a partisan candidate, be transferred to a caucus campaign committee, or to the state or county executive committee of the political party of which the candidate is a member except that a candidate, committee, or an official may retain the funds to further the same public issue or to seek election to the same office or may donate the funds to any charitable, nonprofit, or educational institution recognized under Section 501(c)(3) of the United States Internal Revenue Code of 1986,1 as amended, and any successor thereto.

(11) If adequate and appropriate agency funds are available to implement this subsection, electronic reporting shall be made available by the registry to all candidates, slates of candidates, committees, contributing organizations, registered fundraisers, and persons making independent expenditures. The electronic report submitted to the registry shall be the official campaign finance report for audit and other legal purposes, whether mandated or filed by choice.

(12) Filers not required to file reports electronically, as set forth in this section, are strongly encouraged to do so voluntarily.

(13) The date that an electronic or on-line report shall be deemed to have been filed with the registry shall be the date on which it is received by the registry.

(14) All electronic or online filers shall affirm, under penalty of perjury, that the report filed with the registry is complete and accurate.

(15) Filers who submit electronic campaign finance reports which are not readable, or cannot be copied, or are not accompanied by any requisite paper copy shall be deemed to not be in compliance with the requirements set forth in this section.

(16) Beginning with the primary scheduled in calendar year 2020, and for each subsequent election scheduled thereafter, reports required to be submitted to the registry involving candidates, slates of candidates, committees, contributing organizations, and independent expenditures shall be reported electronically.

(17)

(a) On each paper and electronic form that the registry supplies for the reports required under subsections (2), (3), and (6) of this section, the registry shall include an entry reading, “No change since last report.”

(b) If a person or entity that is required to report under subsection (2), (3), or (6) of this section has received no money, loans, or other things of value from any source since the date of its last report and has not authorized, incurred, or made any expenditures since that date, the person or entity may check or otherwise designate the entry that reads, “No change since last report.” A person or entity designating this entry in a report shall state the balance carried forward from the last report but need not specify receipts or expenditures in further detail.

HISTORY: 2019 c 2, § 3, eff. 6-27-19; 2017 c 122, § 1, eff. 6-29-17; 2016 c 62, § 1, eff. 7-15-16; 2012 c 48, § 2, eff. 7-12-12; 2010 c 88, § 1, eff. 11-3-10; 2010 c 124, § 1, eff. 7-15-10; 2008 c 129, § 12, eff. 7-15-08; 2005 c 105, § 8, eff. 3-16-05; 2000 c 398, § 5, eff. 7-14-00; 1998 c 599, § 3, eff. 7-15-98; 1996 c 372, § 2, eff. 4-12-96; 1996 c 106, § 1, c 153, § 7, eff. 7-15-96; 1996 c 252, § 2, eff. 1-1-97; 1994 c 458, § 12, eff. 7-15-94; 1993 1st ex s, c 4, § 60, eff. 9-16-93 (subsection (1) eff. 2-18-93 per 1993 1st ex s, c 4, § 90; subsections (2) and (3) eff. 11-3-93 per § 88; subsection (6) eff. 1-1-94 per § 89); 1992 c 288, § 28; 1990 c 204, § 1, c 278, § 1; 1988 c 341, § 46, c 15, § 2, c 17, § 13; 1986 c 100, § 7; 1984 c 111, § 70; 1980 c 292, § 8; 1978 c 255, § 2, c 5, § 2, c 216, § 1, c 384, § 255; 1976 c 247, § 15, c 279, § 1; 1974 c 253, § 5, c 11, § 7, c 130, § 190

121.190. Identification of contributors and advertisers.

(1) All newspaper or magazine advertising, posters, circulars, billboards, handbills, sample ballots, and paid-for television or radio announcements which expressly advocate the election or defeat of a clearly identified candidate, slate of candidates, or group of candidates for nomination or election to any public office shall be identified by the words “paid for by” followed by the name and address of the individual or committee which paid for the communication; except that if paid for by a candidate, slate of candidates, or campaign committee, it shall be identified only by the words “paid for by” followed by the name of the candidate, slate of candidates, or campaign committee, whichever is applicable. For television and radio broadcasts, compliance with Federal Communications Commission regulations regarding sponsored programs and broadcasts by candidates for public office shall be considered compliance with this section.

(2) The management of newspapers and magazines shall keep a one (1) year record of all statements, articles, or advertisements referred to in subsection (1) of this section, that appear in their publications, however, nothing in subsection (1) of this section shall be construed to require editors or editorial writers of newspapers and magazines to identify themselves in the manner therein required with any article or editorial written by them as part of their duties as an employee or employer.

HISTORY: 1996 c 153, § 8, eff. 7-15-96; 1994 c 458, § 13, eff. 7-15-94; 1974 c 130, § 191, eff. 6-21-74

121.200. Reports to be kept four years — Admissibility as evidence. [Repealed.]

121.210. Central campaign committee — Designation — Duties — Unauthorized or disavowed campaign committee.

(1) Each candidate or slate of candidates may designate one (1) central campaign committee as a candidate-authorized campaign committee. If so designated, the central campaign committee shall receive all reports made by any other campaign committee authorized in writing by the candidate or slate of candidates to accept contributions or make expenditures for the purpose of influencing the nomination for election, or election, of the candidate or slate of candidates who designated a central campaign committee.

(2) Each statement or report which a candidate-authorized committee is required to file with or furnish to the registry shall, if that committee is not a central campaign committee, be furnished instead to the central campaign committee for the candidate on whose behalf that committee is, or is established for the purpose of, accepting contributions or making expenditures.

(3) Each central campaign committee shall receive all reports and statements filed with or furnished to it by other candidate-authorized committees, and shall consolidate and furnish the reports and statements to the registry, together with its own reports and statements as prescribed by KRS 121.180.

(4) A campaign committee not authorized by, or which has been disavowed by the candidate, shall not include the name of the candidate as part of the committee’s name and shall file the reports and statements with the registry as prescribed in KRS 121.180 as an unauthorized campaign committee.

HISTORY: 2019 c 2, § 4, eff. 6-27-19; 1980 c 292, § 9, eff. 7-15-80; 1974 c 253, § 7

121.220. Primary campaign depository — Secondary depository — Deposits — Statements.

(1) Each candidate, slate of candidates, and each committee shall, before receiving any contributions or expending any money, designate one (1) primary campaign depository for the purpose of depositing all contributions received and disbursing all expenditures made by the candidate, slate of candidates, or committee. The candidate, slate of candidates, or committee may also designate one (1) secondary depository in each county in which an election is held and in which the candidate, slate of candidates, or committee participates. Deputy campaign treasurers may make expenditures from secondary depositories but only from moneys which first have been deposited in the primary campaign depository. Only a financial institution authorized to transact business in Kentucky may be designated as a campaign depository. The candidate, slate of candidates, or committee shall file the name and address of each primary and secondary depository so designated at the same time the candidate, slate of candidates, or committee files the name of his or its campaign treasurer.

(2) All funds received by the campaign treasurer or any deputy campaign treasurer of any candidate, slate of candidates, or committee shall be deposited in a campaign depository in an account designated “Campaign Fund of (name of candidate or committee).” For each deposit, the campaign treasurer or deputy campaign treasurer shall retain a statement showing the name and business address of the permanent committee, the amount contributed, and a description of the major business, social, or political interest represented by the permanent committee for each contribution of any amount made by a permanent committee, and the full name, address, employer of each other contributor and the spouse of the contributor or, if the contributor or spouse of the contributor is self-employed, the name under which he is doing business, and occupation of each contributor of more than one hundred dollars ($100) and the amount contributed. Cash contributions shall be accompanied by the same receipt form.

HISTORY: 2005 c 105, § 9, eff. 3-16-05; 1993 1st ex s, c 4, § 61, eff. 11-3-93; 1992 c 288, § 29; 1988 c 341, § 47; 1986 c 100, § 9; 1980 c 292, § 10; 1978 c 5, § 3; 1974 c 253, § 8

121.230. Use of portion of income tax designated to political party — Records and reports — Audit.

(1) No state or local governing authority of a political party to which funds are remitted under KRS 141.071 to 141.073 shall use such funds other than in support of the party’s candidates in a general election and for the administrative costs of maintaining a political party headquarters.

(2) Each state or local governing authority of a political party to which funds are remitted under KRS 141.071 to 141.073 shall deposit such funds in a bank account and shall report the amount of such funds received as a separate entry on its committee report. All expenditures from such remitted funds shall be by check. A copy of each canceled check written on the account of funds remitted under KRS 141.071 to 141.073 shall be retained by the state or local governing authority of the political party for a period of not less than four (4) years.

(3) The designated official of each state or local governing authority of a political party to which funds are remitted under KRS 141.071 to 141.073 shall maintain a current record of the receipts, balance, and expenditures of the funds so remitted. In addition, the official shall, by January 31 each year, forward to the Registry of Election Finance a report of:

(a) The unexpended and unobligated balance of such remitted funds; and

(b) An itemized listing of each expenditure authorized, incurred or made from such remitted funds, indicating the amount, date, and purpose of each expenditure, regardless of the amount, and the name, address, and occupation of each person to whom an expenditure of fifty dollars ($50) or more was made, since the date of the last report.

(4) The reports required by subsection (3) of this section shall be a matter of public record open to inspection by any member of the public immediately upon receipt of the report by the registry.

(5) The Registry of Election Finance may annually audit the accounts and records of receipts and expenditures of funds in the amount of one thousand five hundred dollars ($1,500) or less that are remitted to each state or local governing authority of a political party under KRS 141.071 to 141.073. The registry shall annually audit the accounts and records of receipts and expenditures of funds in the amount of more than one thousand five hundred dollars ($1,500) that are remitted to each state or local governing authority of a political party under KRS 141.071 to 141.073. The registry shall report the results of each audit conducted to the General Assembly. In the course of such audits, the registry or its authorized agents may ascertain the amount of such remitted funds on deposit in the separate bank account, required by subsection (2) of this section, of the political party audited and may audit the account on the books of the bank. No bank shall be liable for making available to the registry any of the information required under this section.

HISTORY: 2017 c 122, § 3, eff. 6-29-17; 1998 c 599, § 5, eff. 7-15-98; 1996 c 372, § 3, eff. 4-12-96; 1982 c 167, § 3, eff. 1-1-83; 1980 c 292, § 11; 1978 c 255, § 1

Prohibitions

121.310. Coercement of employee’s vote prohibited.

(1) No person shall coerce or direct any employee to vote for any political party or candidate for nomination or election to any office in this state, or threaten to discharge any employee if he votes for any candidate, or discharge any employee on account of his exercise of suffrage, or give out or circulate any statement or report that employees are expected or have been requested or directed by the employer, or by anyone acting for him, to vote for any person, group of persons or measure.

(2) No corporation organized or authorized to do business in this state shall influence or attempt to influence, by bribe, favor, promise, inducement or otherwise, the vote or suffrage of any employee of such corporation against or in favor of any candidate, platform, principle or issue in any election held under the laws of this state.

HISTORY: 1974 c 130, § 193, eff. 6-21-74

121.320. Assessment of state or federal employee prohibited.

(1) No person shall obtain or attempt to obtain money by assessment or coercion from any state or federal employee with the purpose of using the money to promote or aid the candidacy of any person, or any political party, or any question to be voted upon by the voters of this state or any section or portion of this state in any state, national, district, county, city or precinct election, or primary election, or in securing delegates or in any manner where nominations are to be made by convention. Every assessment and each act of coercion shall constitute a separate offense.

(2) The term “assessment,” as used in this section, means the fixing of any amount, to be given in money by any employee, and the soliciting of that amount or any amount in money from a person so assessed. The term “coercion,” as used in this section, means any threat of discharging any employee for failure to contribute any amount of money for campaign or political purposes, or any attempt to force contribution of any amount of money for political or campaign purposes by any influence, or discharging, demoting or reducing the salary or wages of any employee for failure to contribute portions of his salary or wages, or by putting such employee in fear in any manner.

(3) The term “state or federal employee,” as used in this section, means any person who holds any appointive office in any department of the state or federal government, and who receives wages or salary for his work from the funds of the state or the United States.

HISTORY: 1974 c 130, § 194, eff. 6-21-74

121.330. Restrictions on elected officials and their appointees in dealing with certain contributors and fundraisers.

(1) No elected official or any of his appointees shall knowingly award any nonbid contract with the governing authority which the elected official serves to any entity whose officers or employees, or the spouses of officers or employees, knowingly contributed in excess of five thousand dollars ($5,000) in the aggregate in any one (1) election to the election campaign of the elected official during the term of office following the election campaign in which the contributions were made.

(2) No entity whose officers or employees, or the spouses of officers or employees, have knowingly contributed in excess of five thousand dollars ($5,000) in the aggregate in any one (1) election to the election campaign of any elected official shall knowingly receive any nonbid contract with the governing authority which the elected official serves during the term of office following the election campaign in which the contributions were made.

(3) No elected official or any of his appointees shall knowingly award any nonbid contract, lease, or appointment to any office or board with the governing authority which the elected official serves to any person who has acted as a fundraiser by directly soliciting contributions to the election campaign of the elected official who secured in excess of thirty thousand dollars ($30,000) in contributions in the aggregate in any one (1) election for the election campaign, or to his immediate family, employer, or employee, during the term of office following the election campaign in which the contributions were made, nor shall any award of a nonbid contract or lease with the governing authority knowingly be made to the entity in which the person has an interest during the term of office following the election campaign in which the contributions were made.

(4) No person who has acted as a fundraiser by directly soliciting contributions for the election campaign of an elected official who secured in excess of thirty thousand dollars ($30,000) in contributions in the aggregate in any one (1) election for the election campaign, nor his immediate family, employer, or employee, shall knowingly receive any nonbid contract, lease, or appointment to any office or board with the governing authority which the elected official serves during the term of office following the election campaign in which the contributions were made, nor shall an entity in which the person has an interest knowingly receive a nonbid contract or lease with the governing authority during the term of office following the election campaign in which the contributions were made.

(5) For the purposes of this section, “entity” means any person, sole proprietorship, partnership, unincorporated association, unincorporated company, joint stock company, public service corporation, professional services corporation, corporation, or any other business organization.

(6) For the purposes of this section, “immediate family” means the spouse of the person, the parent of the person or spouse, or the child of the person or spouse.

(7) For the purposes of this section, “governing authority” means the elected legislative, executive, and judicial officers charged with the administration of the affairs of the political subdivision which they serve.

HISTORY: 1992 c 288, § 16, eff. 7-14-92

Penalties

121.990. Penalties.

(1) Any corporation or any officer, agent, attorney, or employee of a corporation, who knowingly violates any of the provisions of KRS 121.025, shall be fined not more than ten thousand dollars ($10,000), and, in the case of individuals, be guilty of a Class D felony.

(2) Any corporation that knowingly violates any of the provisions of KRS 121.035(1) or KRS 121.310(2) shall be fined not more than ten thousand dollars ($10,000) for each offense, and upon conviction its charter shall be forfeited or its authority to do business revoked.

(3) Any person who knowingly violates any of the provisions of KRS 121.035(2), 121.045, 121.055, 121.150 to 121.230, 121.310(1), or 121.320 shall, for each offense, be guilty of a Class D felony. Violations of KRS 121.150 to 121.230 shall include, but shall not be limited to, any of the following acts or omissions:

(a) Failure to make required reports or to file reports at times specified;

(b) Making any false statement or report;

(c) Giving money under a fictitious name; or

(d) Making any communication in violation of KRS 121.190(1).

(4) The nomination for, or election to, an office of any candidate or slate of candidates who knowingly violates any provision of KRS 121.150 to 121.220, or whose campaign treasurer knowingly violates any provision of KRS 121.150 to 121.220, with the knowledge of that candidate or slate of candidates, shall be void, and, upon a final judicial determination of guilt, the office shall be declared vacant and the officeholder shall forfeit all benefits which he would have been entitled to receive had he continued to serve, and the office or candidacy shall be filled as provided by law for the filling of a vacancy. An action to declare a vacancy under this subsection may be brought by the registry, the Attorney General, any candidate or slate of candidates for the office sought to be declared vacant, or any qualified voter.

(5) The Attorney General, Commonwealth’s attorney, the registry, or any qualified voter may sue for injunctive relief to compel compliance with the provisions of KRS 121.056 and KRS 121.120 to 121.230.

(6) The Commonwealth’s attorney or county attorney for the county in which the candidate or slated candidates reside shall be the chief prosecutor upon receipt of a written request from the registry and shall prosecute any violator under this chapter. In the event he fails or refuses to prosecute a violator, upon written request from the registry, the Attorney General shall appoint a special prosecutor with full authority to carry out the provisions of this section.

(7) Any officeholder who knowingly violates the provisions of KRS 121.150(12) shall, upon a final judicial determination of guilt, have his office declared vacant and shall forfeit all benefits which he would have been entitled to receive had he continued to serve.

(8) Any Governor or any gubernatorial appointee who knowingly appoints, approves the appointment, or participates in the appointing of any person to any appointive state office or position in violation of KRS 121.056(1) shall be guilty of a Class D felony and, upon a final judicial determination of guilt, have his office declared vacant and shall forfeit all benefits which he would have been entitled to receive had he continued to serve.

(9) Any person who knowingly receives an appointment to any appointive state office or position in violation of KRS 121.056(1) shall be guilty of a Class D felony and, upon a final judicial determination of guilt, have his office declared vacant, forfeit all benefits which he would have been entitled to receive, and shall be ineligible to receive an appointment to a state office or position for a period of five (5) years from the date of a final judicial determination of guilt.

(10) Any elected or appointed state officeholder who knowingly awards or participates in the awarding of a contract with the Commonwealth of Kentucky to a person or entity in violation of KRS 121.056(2) shall be guilty of a Class D felony and, upon a final judicial determination of guilt, have his office declared vacant and shall forfeit all benefits which he would have been entitled to receive had he continued to serve.

(11) Any person or entity who knowingly receives a contract with the Commonwealth of Kentucky in violation of KRS 121.056(2) shall be guilty of a Class D felony. Upon conviction, the contract shall be canceled, and the person or entity convicted shall be ineligible to receive a contract with the Commonwealth of Kentucky for a period of five (5) years from the date of a final judicial determination of guilt.

(12) Any person who knowingly violates any of the provisions of KRS 121.056(3) shall be guilty of a Class D felony.

(13) Any person who knowingly fails to pay a civil penalty, assessed by the registry or a judicial panel pursuant to KRS 121.140 for violation of campaign finance laws, shall be disqualified from filing for public office until such penalty is paid or the registry rules that settlement has otherwise been made.

(14) Any elected official who knowingly awards or participates in the awarding of a nonbid contract or whose appointee knowingly awards or participates in the awarding of a nonbid contract in violation of KRS 121.330(1) shall be guilty of a Class D felony and, upon a final judicial determination of guilt, have his office declared vacant and shall forfeit all benefits which he would have been entitled to receive had he continued to serve.

(15) Any entity who knowingly receives a nonbid contract with a governing authority in violation of KRS 121.330(2) shall be guilty of a Class D felony. Upon conviction, the nonbid contract shall be canceled, and the entity convicted shall be ineligible to receive a nonbid contract with a governing authority for a period of five (5) years from the date of final judicial determination of guilt.

(16) Any elected official who knowingly awards or participates in awarding of a nonbid contract, lease, or appointment to an office or board or whose appointee knowingly awards or participates in the awarding of a nonbid contract, lease, or appointment to an office or board in violation of KRS 121.330(3) shall be guilty of a Class D felony and, upon a final judicial determination of guilt, have his office declared vacant and shall forfeit all benefits which he would have been entitled to receive had he continued to serve.

(17)

(a) Any fundraiser who knowingly receives a nonbid contract, lease, or appointment to an office or board or any entity in which he has an interest who knowingly receives a nonbid contract or lease in violation of KRS 121.330(4) shall be guilty of a Class D felony;

(b) Any immediate family member, employer, or employee of a fundraiser who knowingly receives a nonbid contract, lease, or appointment to an office or board in violation of KRS 121.330(4) shall be guilty of a Class D felony; and

(c) Upon conviction, the nonbid contract, lease, or appointment shall be canceled, and the person or entity convicted shall be ineligible to receive a nonbid contract, lease, or appointment with a governing authority for a period of five (5) years from the date of a final judicial determination of guilt.

(18) Any appointed or elected state office holder or any other person who knowingly violates the provisions of KRS 121.120(5) shall be guilty of a Class D felony. In the event a candidate has assumed office, upon a final judicial determination of guilt, his office shall be declared vacant and he shall forfeit all benefits which he would have been entitled to receive had he continued to serve.

(19) Any person who knowingly violates the provisions of KRS 121.065(1) shall be guilty of a Class A misdemeanor.

HISTORY: 2005 c 105, § 10, eff. 3-16-05; 1996 c 153, § 9, eff. 7-15-96; 1994 c 458, § 14, c 279, § 1, eff. 7-15-94

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