Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
117.015,
117.065,
117.085(1)(c),
117.235
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
117.015(1)(a) authorizes the
State Board of Elections to promulgate administrative regulations necessary to
implement the provisions of KRS Chapter 117.
KRS
117.235(5) authorizes any
precinct election officer, county clerk, deputy county clerk, or law
enforcement official to maintain law and order at the polls and within 300 feet
of any entrance to the building in which the voting machine is located if that
entrance is unlocked and is used by voters. This administrative regulation
establishes requirements for activities that are prohibited within 100 feet of
the entrance to a building in which a voting machine is located, the building
that houses the county clerk's office, and a building in which absentee voting
is being conducted, so that law and order in that area may be maintained
pursuant to
KRS
117.235(5).
Section 1. Definition. "Bumper sticker" means
a sticker that measures within fourteen (14) inches by five (5) inches for
display on a vehicle bearing a printed message soliciting votes for or against
any bona fide candidate or ballot question in a manner that expressly advocates
the election or defeat of the candidate or expressly advocates the passage or
defeat of the ballot question.
Section
2. Prohibited Activities During Voting.
(1) Election Day Voting. Except as otherwise
provided in this administrative regulation:
(a) Certain activities shall be prohibited on
the day of any election, if the activities take place within the area
designated by paragraph (b) of this subsection. These activities shall include,
if the activities are for or against any bona fide candidate or ballot question
in a manner that expressly advocates the election or defeat of the candidate or
expressly advocates the passage or defeat of the ballot question:
1. Display of signs;
2. Distribution of campaign literature,
cards, or handbills; or
3.
Solicitation of signatures to any petition or solicitation of votes;
and
(b) During the hours
voting is being conducted, the activities listed in paragraph (a) of this
subsection shall not take place within 100 feet of the entrance to a building
in which a voting machine is located if the entrance is:
1. Unlocked; and
2. Used by voters.
(2) Absentee Voting. Except as
otherwise provided in this administrative regulation:
(a) The following activities shall be
prohibited if they take place within the area designated by paragraph (b) of
this subsection. These activities shall include, if the activities are for or
against any bona fide candidate or ballot question in a manner that expressly
advocates the election or defeat of the candidate or expressly advocates the
passage or defeat of the ballot question:
1.
Display of signs;
2. Distribution
of campaign literature, cards, or handbills;
3. Solicitation of signatures to any petition
or solicitation of votes; or
4. The
affixing of any material listed in this paragraph to the exterior or interior
of a building that meets the criteria in paragraph (b) of this subsection;
and
(b) The activities
listed in paragraph (a) of this subsection shall not take place:
1. During the hours absentee voting is being
conducted by the county clerk pursuant to
KRS
117.085(1)(c); and
2. In a building:
a. Where the county clerk's office is
located; or
b. Designated by the
county board of elections and approved by the State Board of Elections for
absentee voting
(3) The prohibitions established in
subsections (1) and (2) of this section shall not apply to:
(a) Private property, unless the property is
being used as a voting place established in accordance with the provisions of
KRS
117.065;
(b) Exit polling; or
(c) Bumper stickers affixed to a person's
vehicle while parked within or passing through a distance of 100 feet of any
entrance to the building in which a voting machine is located if that entrance
is unlocked and is used by voters during the hours voting is being conducted in
the building for a reasonable amount of time in which to vote.
STATUTORY AUTHORITY:
KRS
117.015(1)(a)
