Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
116.085,
116.155,
117.025,
117.225
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
117.015 authorizes the Kentucky State Board
of Elections to promulgate administrative regulations necessary to properly
carry out its duties. This administrative regulation establishes the procedures
for election officials and voters to follow to correct and maintain voter
registration records and establishes standards for the State Board of Elections
to follow when reviewing a request for a voter registration list.
Section 1. Definitions.
(1) "Advertisement" means any attempt by
publication, dissemination, solicitation, or circulation to induce any person
to enter into any obligation, or acquire any title or interest in any good or
service.
(2) "Alphabetical labels"
means labels of registered voters within the precinct with one (1) name per
label and sorted in alphabetical order.
(3) "Alphabetical lists" means lists of
registered voters generated from the statewide voter registration database and
sorted in alphabetical order by last name within a precinct that have the name,
address, age code, party, gender, zip code, and five (5) year voting history of
every voter in the precinct.
(4)
"Duly qualified candidate" means any person who has filed:
(a) A letter of intent with the Kentucky
Registry of Election Finance; or
(b) Nomination papers with the Office of the
Secretary of State or county clerk.
(5) "Household labels by street order" means
labels that are generated from the statewide voter registration database and
sorted by street address within the precinct with as many as four (4) names per
label of the voters whose last name and address are an identical
match.
(6) "Household labels by zip
code order" means labels that are generated from the statewide voter
registration database and sorted by zip code within the county with as many as
four (4) names per label of the voters whose last name and address are an
identical match.
(7) "Sale" means
any sale, rental, distribution, offer for sale, rental, or distribution, or
attempt to sell, rent, or distribute any good or service to another.
(8) "Statewide voter registration database"
means a complete roster of all qualified voters within the state by county and
precinct that the State Board of Elections is required to maintain pursuant to
KRS
117.025(3)(a).
(9) "Street order lists" means lists of
registered voters generated from the statewide voter registration database
sorted in street order within a precinct and contain the name, address, age
code, party, gender, zip code, and a five (5) year voting history of every
registered voter in the precinct.
(10) "Voter registration list" means a list
of registered voters generated from the statewide voter registration database
in any format in any given election precinct in the Commonwealth of Kentucky
that the State Board of Elections is required to furnish pursuant to
KRS
117.025(3)(h).
Section 2. Correction of Voter
Registration Records.
(1) Each county clerk
shall instruct the precinct election officers of the necessity for informing
each voter that he or she shall correct any error existing in his or her
address as it appears upon the precinct signature roster.
(2) Each precinct election officer shall
instruct each voter to correct any error existing in his or her address as it
appears upon the precinct signature roster.
(3) Each voter shall, when he or she signs
the precinct signature roster, correct any error existing in his or her address
as it appears upon the precinct signature roster.
(4) Each county clerk shall take all steps
necessary to correct and update each voter's address upon the statewide voter
registration database.
Section
3. Interpretation of Commercial Use. Commercial use, as that term
is used in
KRS
117.025.(3)(h) , shall be interpreted by the
Board of Elections to mean:
(1) The use by the
requester of the voter registration list, or any part thereof, in any form, for
profit, the solicitation of donations, or for the sale or advertisement of any
good or service; or
(2) The
transfer of a voter registration list by the requester for a profit to any
other person whom the requester knew or should have known intended to use the
voter registration list, or any part thereof, in any form, for profit, the
solicitation of donations, or for the sale or advertisement of a good or
service.
Section 4.
Exceptions to Commercial Use Interpretation. Commercial use shall not include
use of a voter registration list, or any part thereof, for the following
purposes:
(1) Use for scholarly,
journalistic, political (including political fund raising), or governmental
purposes;
(2) Use for publication,
broadcast, or related use by a newspaper, magazine, radio station, television
station, or other news medium in its news or other publications or broadcasts;
or
(3) Use in a publication
provided or sold to duly qualified candidates; political party committees, or
officials thereof; or any committee that advocates or opposes an amendment or
public question.
Section
5. Requests for Voter Registration Lists. A request for voter
registration lists shall be made by submitting a completed Request for Voter
Registration Data, form SBE-84, to the State Board of Elections with payment of
fees established in form SBE-84.
Section
6. Incorporation by Reference.
(1) "Request for Voter Registration Data",
SBE 84, May 2018, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the State Board of
Elections, 140 West Walnut Street, Frankfort, Kentucky 40601, Monday through
Friday, 8 a.m. to 4:30 p.m.
13 Ky.R. 559; eff.
10-2-1986; 30 Ky.R. 2171; 2455; 7-2-2004; 33 Ky.R. 3235; 3595; eff. 7-6-2007;
1095; 1434; eff. 2-5-2009; 44 Ky.R. 2086; 2314; eff. 5-4-2018; 45 Ky.R. 122;
638; eff. 10-5-2018.
STATUTORY AUTHORITY:
KRS
117.015
