Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
116.045,
116.0452,
116.065,
116.155
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
117.015(1) requires the
State Board of Elections to supervise the registration of voters within the
state.
KRS
116.045(4)(e) provides that
a person may register to vote or change party affiliation by methods of
registration or re-registration approved by the State Board of Elections.
KRS
117.015(1)(a) authorizes the
State Board of Elections to promulgate administrative regulations necessary to
properly carry out its duties. This administrative regulation approves and
establishes procedures for use of an electronic voter registration system to
register or reregister to vote or to update voter registration
information.
Section 1. Definition.
"Applicant" means a person who uses the electronic voter registration system
established by the State Board of Elections to register or reregister to vote
or to update voter registration information.
Section 2. Use of Electronic Voter
Registration System.
(1) The State Board of
Elections shall, as funds permit, establish an electronic voter registration
system by which persons may register or reregister to vote or update voter
registration information.
(2) In
addition to the methods set forth in
KRS
116.045(4), a person who
meets all eligibility requirements may register or reregister to vote or update
voter registration information by using the electronic voter registration
system established by the State Board of Elections pursuant to this
administrative regulation.
Section
3. Contents of Electronic Voter Registration System Application
Form. The electronic voter registration system application shall:
(1) Include the electronic equivalent of the
registration application form prescribed and furnished by the State Board of
Elections under
KRS
116.155, including a warning relating to the
potential penalties applicable to an applicant knowingly filing an application
with untrue information and a voter declaration affirmation as required by
KRS
116.065;
(2) Require the applicant who has a Kentucky
driver's license or Kentucky personal identification card to:
(a) Agree to the use of his or her Kentucky
driver's license signature or Kentucky personal identification card signature
for voter registration purposes; and
(b) Provide his or her Kentucky driver's
license number or Kentucky personal identification card number.
(3) Require the applicant who does
not have a Kentucky driver's license or Kentucky personal identification card,
to either:
(a) Provide an electronic signature
to be used for voter registration purposes; or
(b) Print the registration application, sign
it, and return it to the county clerk for the county in which the applicant
resides.
Section
4. Processing Voter Registration Application Submitted Via the
Electronic Voter Registration System.
(1) The
electronic voter registration system shall not allow an applicant to submit an
application unless:
(a) The entire application
form, including the voter declaration affirmation as required by
KRS
116.065, is completed by the applicant;
and
(b) The applicant has either:
1. Agreed to the use of his or her Kentucky
driver's license signature or Kentucky personal identification card signature
for voter registration purposes and provided his or her Kentucky driver's
license number or Kentucky personal identification card number pursuant to
Section 3(2) of this administrative regulation; or
2. Provided an electronic signature to be
used for voter registration purposes pursuant to Section 3(3)(a) of this
administrative regulation.
(2) Immediately upon the applicant's
submission of an application that meets the requirements of subsection (1) of
this section, the State Board of Elections shall:
(a) If the applicant agreed to the use of his
or her Kentucky driver's license signature or Kentucky personal identification
card signature for voter registration purposes and provided his or her Kentucky
driver's license number or Kentucky personal identification card number
pursuant to Section 3(2) of this administrative regulation:
1. Check the information submitted by the
applicant to ensure that the Kentucky driver's license number or Kentucky
personal identification card number submitted by the applicant matches the
information maintained by the Transportation Cabinet; and
2. If a match is made:
a. Electronically forward the information
provided in the application, along with a digital copy of the applicant's
signature obtained from the Transportation Cabinet, to the county clerk for the
county in which the applicant resides; and
b. Notify the applicant that the application
has been electronically forwarded to the county clerk for the county in which
the applicant resides, but that the applicant will not be officially registered
to vote or that changes to the applicant's existing registration will not be
made until the application is received and processed by the county
clerk.
3. If a match
cannot be made, notify the applicant that the application cannot be processed
and instruct the applicant to print the application, sign it, and mail or hand
deliver it to the county clerk for the county in which the applicant
resides.
(b) If the
applicant provided an electronic signature to be used for voter registration
purposes pursuant to Section 3(3)(a) of this administrative regulation:
1. Electronically forward the information
provided in the application, along with the applicant's electronic signature,
to the county clerk for the county in which the applicant resides;
and
2. Notify the applicant that
the application has been electronically forwarded to the county clerk for the
county in which the applicant resides, but that the applicant will not be
officially registered to vote or that changes to the applicant's existing
registration will not be made until the application is received and processed
by the county clerk.
(3) An electronic voter registration
application shall be deemed to have been made and received by the appropriate
county clerk as of the date the applicant is informed pursuant to subsection
(2) of this section that the application has been electronically forwarded to
the county clerk for the county in which the applicant resides.
(4) Except as otherwise specifically
provided, an electronic voter registration application electronically forwarded
by the State Board of Elections shall be considered an application for
registration by mail.
Section
5. Incorporation by Reference.
(1) "Voter Registration Form", SBE 01, 8/03,
is incorporated by reference.
(2)
This material may be inspected, copied, or obtained, subject to applicable
copyright law, at the Kentucky Board of Elections, 140 Walnut Street,
Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m., or on
the board Web site,
http://elect.ky.gov/registertovote/Pages/default.aspx.
41 Ky.R. 2447; 42
Ky.R. 270; eff. 9-4- 2015.
STATUTORY AUTHORITY:
KRS
116.045(4)(e),
117.015(1)(a)
