AN ACT relating to elections and declaring an emergency.

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AN ACT relating to elections and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 116.112 is amended to read as follows: 3
(1) The State Board of Elections shall establish a voter registration purge program 4
using the change -of-address information supplied by the United States Postal 5
Service through its licensees or other sources to identify voters whose addresses 6
may have changed. The State Board of Elections is authorized to enter into 7
agreements with other governmental agencies to further voter list maintenance 8
practices. Intergovernmenta l agreements for the exchanging of any data shall be 9
permitted if the [ sole] purpose of exchanging data is to remove ineligible voters. 10
The data shall not be subject to any commercial use, directly or indirectly, or third -11
party access to the voter registration system. 12
(2) (a) If it appears from information provided by the postal service or other sources 13
that a voter has moved to a different address in the same county in which the 14
voter is currently registered, the State Board of Elections shall provide to t he 15
county board of elections the information necessary to change the registration 16
records to show the new address and the State Board of Elections shall send to 17
the new address a notice of the change by forwardable mail on a form 18
prescribed by the State Bo ard of Elections and a postage prepaid, pre -19
addressed return form by which the voter may verify or correct the address 20
information. 21
(b) If the county board of elections requests authorization from the State Board of 22
Elections to send address confirmation n otices as provided in this subsection, 23
the State Board of Elections shall grant the request. 24
(3) (a) If it appears from information provided by the postal servi ce or other sources 25
that a voter has moved to a different address not in the same county, the State 26
Board of Elections shall send to the address from which the voter was last 27
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registered, by forwardable mail, a notice on a form prescribed by the State 1
Board of Elections, with a postage prepaid and pre -addressed return card on 2
which the voter may state his or her current address. 3
(b) If a county board of elections requests authorization from the state board to 4
send address confirmation notices as provided in this subsection, the state 5
board shall grant the request. 6
(4) The state or county boards of elections shall not remove the name of a voter from 7
the registration records on the ground that the voter has changed his or her 8
residence unless the voter: 9
(a) Confirms in writing, or on a form provided by the State Board of Elections on 10
its official website, that the voter has changed residence to a place outside the 11
county; or 12
(b) 1. Has failed to respond to the notice described in subsection (3) of this 13
section; and 14
2. Has not voted or appeared to vote and, if necessary, correct the 15
registration records of the voter's address in an election during the 16
period beginning on the date of the notice and ending on the day after 17
the date of the second general election for federal office that occurs after 18
the date of the notice. 19
If a county board of elections requests authorization from the state board to conduct 20
purges of voters in its county in accordance with the provisions of this subsection, 21
the state board shall grant the request. 22
(5) The State Board of Elections shall establish an inactive list of all voters who fail to 23
respond to the notice described in subsection (3) of this section and do not vote or 24
appear to vote in an election during the period beginning on the date of the notice 25
and ending on the day after the date of the second general election for federal office 26
that occurs after the date of the notice. If a county board of elections requests 27
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authorization from the state board to establish an inactive list of voters for its 1
county, the state board shall grant the request. 2
(6) The State Board of Elections shall complete, not later than ninety (90) days prior to 3
the date of a primary or regular election, any program the purpose of which is to 4
systematically remove the names of ineligible voters from the registration records. 5
(7) Voters placed on an inactive list are to be counted only for purposes of voting and 6
not for purposes of establishing or modifying precincts, calculating the amount of 7
reimbursement of county clerks by the State Board of Elections for certain election -8
related expenses, or reporting official statistics, except as provided by the Election 9
Assistance Commission's regulations promulgated pursuant to the National Voter 10
Registration Act of 1993. 11
(8) (a) The State Board of Elections and county boards of elections shall maintain for 12
at least two (2) years and shall make available for public inspection and, 13
where available, photocopying at a reasonable cost, all records concerning the 14
implementation of programs and activities conducted for the purpose of 15
ensuring the accuracy and currency of the registration records, except to the 16
extent that the records relate to the declination to register to vote or the 17
identity of a voter registration agency throu gh which any particular voter is 18
registered. 19
(b) The records maintained pursuant to paragraph (a) of this subsection shall 20
include lists of the names and addresses of all persons to whom notices 21
described in subsection (3) are sent, and information concern ing whether each 22
person has responded to the notice as of the date that inspection of the records 23
is made. 24
Section 2. KRS 116.200 is amended to read as follows: 25
(1) (a) On or before January 1, 2011, each city clerk, exce pt in consolidated local 26
governments and urban -county governments, shall provide the clerk of the 27
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county or counties in which the city is located with a list of all properties 1
within the city and a map of the city boundaries for the county clerk to 2
maintain a roster of voters who are eligible to vote in city elections. A county 3
clerk may accept the list of city properties in an electronic format and the city 4
clerk may provide a copy of the city's boundary map maintained by the 5
Kentucky Commonwealth Office o f Technology, Division of Geographic 6
Information Systems; and 7
(b) Documentation of any change to the boundaries of a city shall be reported to 8
the county clerk in accordance with KRS 81A.475. 9
(2) (a) On or before January 1, 2011, each school district board shall provide the 10
clerk of the county in which the school district is located with maps and 11
written descriptions of the boundaries of each school board district located in 12
the county for the county clerk to maintain a roster of voters who are eligible 13
to vote in school board elections. 14
(b) Documentation of any change to a school district's boundaries shall be 15
reported to the county clerk within sixty (60) days of the change, or 16
immediately if the change is within sixty (60) days of the June[August] 1 17
deadline established in KRS 160.210(4)(d). 18
(3) Each county clerk shall code all registered voters in that county in such a manner 19
that precinct election officers may determine the voter's eligibility to vote in city 20
and school board elections prior to each prim ary and regular election for city 21
officers in that county, each regular election for school board members in that 22
county, and each special election in which a ballot question is presented to the 23
residents of a city or a school board district. 24
(4) Notwithstanding KRS 64.012, the county clerk shall not charge a fee to a city or 25
school district providing any information required by subsections (1)(a) and (2)(a) 26
of this section. 27
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(5) Nothing in this section shall prohibit a county clerk from requesting additiona l 1
information from the city, school district board, or any other reliable source to 2
ascertain whether a registered voter resides within a city or a school district 3
boundary. 4
Section 3. KRS 117.125 is amended to read as follows: 5
(1) A[No] voting system or voting equipment shall be approved for use [ after January 6
1, 2024,] by the State Board of Elections, either upon initial examination or 7
reexamination, and [ no] voting equipment or a voting system shall not be 8
purchased[ after July 14, 2022,] unless the system and equipment has been certified 9
under KRS 117.379 and is so constructed that it shall: 10
(a)[(1)] Ensure secrecy to the voter in the act of voting so that no person can see 11
or know for whom any other voter has voted or is voting, except for those 12
voters requiring assistance under KRS 117.255; 13
(b)[(2)] Permit votes to be cast for any candidate entitled to have his or her name 14
printed upon the ballots at any primary, regular election, or special election, 15
and for or against any public question entitled to be placed upon the ballots; 16
(c)[(3)] Except at a primary, permit a voter to vote for all the candidates of one 17
(1) party or for one (1) or more candidates of every party having candidates 18
entitled to be voted for, or for one (1) or more independent, political 19
organization, or political group candidates; 20
(d)[(4)] Permit a voter to vote for as many persons for an off ice as the voter is 21
lawfully entitled to vote for, and no more; 22
(e)[(5)] Prevent a voter from voting for more persons for any office than the 23
voter is entitled to vote for, and from voting for the same person, or for or 24
against the same question, more than once; 25
(f)[(6)] Permit a voter to vote for or against any question the voter may have the 26
right to vote on, but no other; 27
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(g)[(7)] Provide for a nonpartisan ballot; 1
(h)[(8)] Be capable of being adjusted for use in a primary so that a voter may not 2
vote for any person except those seeking nomination as candidates of the 3
voter's party, as candidates for a nonpartisan office, or as candidates for an 4
office of the Court of Justice; 5
(i)[(9)] Permit each voter to vote for all the candidates for presidential elect ors 6
of any party by one (1) operation; 7
(j)[(10)] Permit each voter to vote, in any regular or special election, for any 8
person for whom the voter desires to vote whose name does not appear upon 9
the ballot by providing a method of write-in voting; 10
(k)[(11)] Be safe, efficient, and accurate in the conduct of elections, and correctly 11
register and accurately count all votes cast for each person, and for or against 12
each public question; 13
(l) 1.[(12) (a)] Provide each voter an opportunity to verify votes recorded 14
on the permanent paper ballot, either visually or using assistive voting 15
technology, by producing a voter-verified paper audit trail; 16
2.[(b)] Provide each voter an opportunity to change votes or correct any 17
error before the voter's ballot is cast and counted; and 18
3.[(c)] Provide a voter who spoils his or her ballot another ballot as 19
provided under this chapter; 20
(m)[(13)] Use an individual, discrete, permanent, paper ballot cast by the voter for 21
tabulating purposes; 22
(n)[(14)] Preserve the paper ballot as an official record available for use in any 23
audit or recount; 24
(o)[(15)] Be suitably designed for the purpose used, constructed of a durable 25
material, and safely transportable; 26
(p)[(16)] Be capable of determining whether the voting equipment has been 27
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unlocked and operated or adjusted in any manner after once being locked; 1
(q)[(17)] Have a public counter with a register which is visible from the outside 2
of the counter or device that will show at all times during an election how 3
many persons have voted; 4
(r)[(18)] Have a protective cumulative counter indicating the number of votes 5
cast for each person, and the votes cast for or against each public question 6
which cannot be seen, reset, or tampered with without unlocking a covering 7
device by a key or other security apparatus that cannot unlock any other part 8
of the equipment, and which prevents changes to the cumulative counter once 9
the system has been put into operation on the day of any election; 10
(s)[(19)] Provide for the tabulating of votes at the precinct as required under KRS 11
117.275; 12
(t)[(20)] Provide locks or other security apparatus by which the operation of the 13
voting equipment may be locked before the time for opening the polls and 14
after the time for closing the polls; 15
(u)[(21)] Permit a voter to readily learn the method of operating it, to 16
expeditiously cast a vote for all candidates and on all questions of the voter's 17
choice, and when operated properly, register and record correctly and 18
accurately every vote cast; 19
(v)[(22)] Bear a number or other unique designation that will distinguish it from 20
any other voting equipment or voting system; 21
(w)[(23)] Produce a real-time audit log record for the voting system, and produce 22
a paper record with a manual audit capacity which shall be available as an 23
official record for any recount conducted related to any primary or election in 24
which the system is used; 25
(x)[(24)] Be accessible for individuals with impairments, including nonvisual 26
accessibility for the blind or visually impaired, in a manner that provides the 27
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same opportunity for access and participation, including privacy and 1
independence, as for other voters; 2
(y)[(25)] Prohibit voting equipment that tabulates or aggregates votes used in 3
official results from connecting to any network, including the internet, or 4
communicating with any device external to the voting system; 5
(z) Prohibit voting equipment that utilizes nonhuman readable codes, including 6
but not limited to barcodes, QR codes, or other encrypted markings, to 7
represent or tabulate a voter's choices; 8
(aa)[(26)] Meet or exceed a standard [the standards] for a voting system 9
approved[established] by the Election Assistance Commission [, as amended 10
from time to time,] and[ those] approved under KRS 117.379; and 11
(ab)[(27)] Meet such other requirements as may be established by the State Board 12
of Elections in administrative regulations promulgated in accordance 13
with[under] KRS Chapter 13A to reflect changes in technology to ensure the 14
integrity and security of voting systems. 15
(2) Notwithstanding the requirements of subsection (1) of this section, continued use 16
of a voting system and all voting equipment that was approved for use by the State 17
Board of Elections as of the effective date of this section of this Act, and was 18
utilized by a county before the effective date of this section of this Act, shall be 19
allowed until such time as a replacement voting system is acquired by the county. 20
Section 4. KRS 117.145 is amended to read as follows: 21
(1) At least forty-five (45) days before any special election, and at least fifty (50) days 22
before any primary or regular election, the county clerk of each county shall cause 23
to be printed and ready for use ballots listing each candidate who, and each question 24
which, is entitled to be voted upon in such primary or election. The ballots shall be 25
printed on clear white paper or other material, in black ink, in plain, clear type 26
clearly legible to a person with n ormal vision, and shall include the necessary party 27
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designations. The quality of the paper and the size of the ballots shall be established 1
by the State Board of Elections in administrative regulations promulgated in 2
accordance with[under] KRS Chapter 13A. 3
(2) Each county clerk shall have printed a sufficient number of paper absentee ballots, 4
voter affirmations, and election official affirmations. The ballots shall be 5
consecutively numbered and the county board shall keep a record, by number, of all 6
absentee ballots used for any of the purposes listed in this subsection. 7
(3) Each county clerk shall have printed a sufficient number of federal provisional 8
ballots, which, except for the candidates listed, shall have the same form as the 9
absentee ballots. A fede ral provisional ballot shall indicate that the ballot is a 10
federal provisional ballot. The federal provisional ballot stubs shall be 11
consecutively numbered, and the county board of elections shall keep a record, by 12
number, of all federal provisional ballots used for votes cast by provisional voters in 13
federal elections. 14
(4) Each county clerk shall have printed a sufficient number of paper ballots to be used 15
for voting for any primary or election. The methods of securing the integrity of the 16
ballots from the time of certification of each candidate and each question to be 17
voted upon in any primary or election until the conclusion of the primary or 18
election, and the method of tracking all voted, unvoted, or spoiled ballots shall be 19
established by the State Boar d of Elections in administrative regulations 20
promulgated in accordance with[under] KRS Chapter 13A. 21
(5) On the day before any in -person voting shall occur [No later than the Friday 22
preceding a special or regular election] , the county clerk shall equip the v oting 23
equipment with the necessary supplies for the purpose of write-in votes. The county 24
clerk shall also provide a pencil, pen, or ballot marking device for the voting 25
equipment for write-in purposes. 26
(6) If supplemental paper ballots have been approved as provided in KRS 118.215, the 27
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county clerk shall cause to be printed a sufficient number of supplemental paper 1
ballots for the registered voters of each precinct. The supplemental paper ballots 2
shall have stubs which are numbered consecutively. 3
Section 5. KRS 117.265 is amended to read as follows: 4
(1) A voter may, at any regular or special election, cast a write -in vote for any person 5
qualified as provided in subsection (2) or (3) of this section [,] whose name does not 6
appear upon the ballot for any office [,] by writing the name of his or her choice 7
upon the appropriate ballot for the office being voted on as required by KRS 8
117.125. Any candidate who is defeated or disqualified in a partisan or nonpartisan 9
primary shall be ineligible as a candidate for the same office in the regular election, 10
unless there is a vacancy pursuant to KRS 118.105(3). Any voter utilizing a federal 11
provisional ballot, a federal provisional in -person absentee ballot, or a mail -in 12
absentee ballot for a regular or special election may write in a vote for any eligible 13
person whose name does not appear upon the ballot [,] by writing the name of his or 14
her choice under the office. 15
(2) Write-in votes shall be counted only for candidates for election to office who have 16
filed a declaration of intent to be a write -in candidate with the Secretary of State or 17
county clerk, depending on the office being sought, on or before the certification 18
deadlines established in KRS 118.215(1)(a) to (c) and 118A.090(2) and not later 19
than the second Friday before the date of a special election. In the case of a special 20
election administered under KRS 118.730, a declaration of intent to be a write -in 21
candidate shall be filed at least twenty -eight (28) days before the day of t he 22
election. The declaration of intent shall be filed no earlier than the first Wednesday 23
after the first Monday in November of the year preceding the year the office will 24
appear on the ballot, and no later than 4 p.m. local time at the place of filing whe n 25
filed on the last date on which papers may be filed. The declaration of intent shall 26
be on a form prescribed and furnished by the Secretary of State. 27
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(3) A person shall not be eligible as a write-in candidate: 1
(a) For more than one (1) office in a regular or special election; or 2
(b) If his or her name appears upon the ballot for any office, except that the 3
candidate may file a notice of withdrawal prior to filing an intent to be a 4
write-in candidate for office when a vacancy in a different office occurs 5
because of: 6
1. Death; 7
2. Disqualification to hold the office sought; 8
3. Severe disabling condition which arose after the nomination; or 9
4. The nomination of an unopposed candidate. 10
(4) Persons who wish to run for President and Vice President shall file a de claration of 11
intent to be a write-in candidate, along with a list of presidential electors pledged to 12
those candidates, with the Secretary of State on or before the certification deadlines 13
established in KRS 118.215(1)(a) to (c) and 118A.090(2) [fourth Friday in October 14
preceding the date of the regular election for those offices] . The declaration of 15
intent shall be filed no earlier than the first Wednesday after the first Monday in 16
November of the year preceding the year the office will appear on the ballot, and no 17
later than 4 p.m. local time at the place of filing when filed on the last date on 18
which papers may be filed. Write -in votes cast for the candidates whose names 19
appear on the ballot shall apply to the slate of pledged presidential electors, whose 20
names shall not appear on the ballot. 21
(5) The county clerk shall provide to the precinct election officers certified lists of 22
those persons who have filed declarations of intent as provided in subsections (2) 23
and (3) of this section. These lists shall not be posted anywhere, but a voter may 24
request to see a copy of the list. Once the voter has reviewed the copy, it shall 25
immediately be returned to the precinct election officer. Only write-in votes cast for 26
qualified candidates shall be counted. 27
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(6) Two (2) election officers of opposing parties shall upon the request of any voter 1
instruct the voter on how to cast a write-in vote. 2
Section 6. KRS 117.275 is amended to read as follows: 3
(1) At the count of the votes in any prec inct, any candidate or slate of candidates and 4
any representatives to witness and check the count of the votes therein, who are 5
authorized to be appointed as is provided in subsection (8) of this section, shall be 6
admitted and permitted to be present and witness the count. 7
(2) As soon as the polls are closed[,] and the last voter has voted, the judges at that time 8
shall immediately lock and seal the voting equipment so that the voting and 9
counting mechanisms will be prevented from operating, and they shall sign a 10
certificate stating: 11
(a) That the voting equipment has been locked against voting and sealed; 12
(b) The number of voters, as shown on the public counters; 13
(c) The number registered on the protective or cumulative counter or device; and 14
(d) The number or other designation of the voting equipment. 15
The certificate, with any additional certificate previously prepared under KRS 16
117.035, shall be returned by the judg es of election to the officials authorized by 17
law to receive it. The judges shall compare the number of voters, as shown by the 18
counter of the voting equipment, with the number of those who have voted as 19
shown by the protective or cumulative counter or device. 20
(3) Where voting equipment is used that prints the candidates' names along with the 21
total votes received on a return sheet or record for that equipment, the precinct 22
election officers shall sign the return sheets or record for the voting equipment, 23
which shall be posted on the door of the precinct. 24
(4) If any officer shall decline to sign the return sheets, he or she shall state the reason 25
in writing, and a copy thereof, signed by the officer, shall be enclosed with the 26
return sheets. 27
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(5) Each of the return sheets, if applicable, and the record of the voting equipment shall 1
be enclosed in an envelope. One (1) copy of the return sheets, if applicable, one (1) 2
copy of the record of the voting equipment, and the write -in roll, if any write -in 3
votes were cast in the precinct, shall be directed to the county board of elections of 4
the county in which the election is being held. One (1) copy of the return sheets or 5
record of the voting equipment shall be given to the county clerk of the county in 6
which the election is being held and to each of the local governing bodies of the two 7
(2) dominant political parties, but a local governing body of a dominant political 8
party may decline a copy of the precinct election return by filing a written 9
declination with the cou nty board of elections prior to the election, and upon this 10
declination, a printed copy shall not be issued to the political party so declining. 11
The declination on file shall be effective for that election and any subsequent 12
elections until revoked by the local governing body of a dominant political party by 13
filing a written revocation with the county board of elections. The envelope shall 14
have endorsed thereon a certificate of the election officers, stating the number or 15
unique designation of the voting equipment, the precinct where it has been used, the 16
number on the seal, and the number on the protective or cumulative counter or 17
device at the close of the polls. 18
(6) During the period established by KRS 117.355(2)[(3)], and following the tabulation 19
of all votes cast in the election, including absentee votes and write-in votes: 20
(a) The county board of elections shall mail, transmit via facsimile machine, 21
hand-deliver, or submit by electronic means a copy of the precinct-by-precinct 22
summary of the tabulation sheets showing the results from each precinct to the 23
State Board of Elections. The copy of the precinct-by-precinct summary of the 24
tabulation sheets showing the results from each precinct shall include the 25
votes cast on the day of an election and during absentee voting; and 26
(b) The county clerk shall mail or deliver the precinct signature rosters from each 27
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precinct and the in -person absentee ballot signature roster to the State Board 1
of Elections. 2
(7) For each voting location, as soon as possible after the completion of the count, the 3
two (2) election officers who are not of the same political affiliation shall return to 4
the county board of elections the keys to the voting equipment received and 5
receipted for by them, and the county clerk, in each voting loc ation, shall have the 6
voting equipment properly boxed or securely covered and removed to a proper and 7
secure place of storage. 8
(8) In primaries, each candidate or group of candidates may designate to the county 9
board of elections a representative to witnes s and check the vote count. In regular 10
elections, the governing authority of each political party, each candidate for 11
member of board of education, nonpartisan candidate, political group candidate, 12
political organization candidate, independent candidate, o r independent ticket may 13
designate a representative to the county board of elections to witness and check the 14
vote count. The county board of elections shall authorize representatives of the 15
news media to witness the vote count. 16
(9) For all federal provisi onal ballots, if applicable, and supplemental paper ballots if 17
approved as provided in KRS 118.215, after the polls are closed, the two (2) judges 18
shall return to the county clerk's office the locked federal provisional ballot 19
receptacle and the supplement al paper ballot box, all ballot stubs, spoiled ballots, 20
and unvoted ballots at the same time as the tabulation of votes from the voting 21
equipment is delivered. The county clerk shall issue a receipt for the number of 22
ballot stubs, unvoted ballots, spoiled ballots, and the ballot boxes or ballot 23
receptacle. 24
(10) The county board of elections, or its designee, shall count and tally the 25
supplemental paper ballots that have not been tabulated by automatic tabulating 26
equipment at the precinct, either manually or with the use of tabulating equipment 27
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that has been certified by the State Board of Elections for use for that purpose in the 1
county clerk's office. The results of the vote tally shall be certified by the county 2
board of elections to the county clerk and to the Secretary of State. 3
(11) The county board of elections shall tabulate the valid federal provisional ballots. 4
The results of the vote tally shall be certified by the county board of elections to the 5
county clerk and to the Secretary of State. The coun ty board of elections shall mail 6
a copy of the precinct -by-precinct summary of the valid federal provisional ballot 7
tabulation sheets showing the results from each precinct to the State Board of 8
Elections. 9
(12) The county board of elections shall authorize the candidates, slates of candidates, or 10
their representatives, and representatives of the news media to be present during the 11
counting of the supplemental and federal provisional paper ballots. 12
(13) No person shall transmit or publicize any tallies or co unts of ballots, or any partial 13
results, to any person except those persons, election officials, or entities authorized 14
by law to receive it, until 6 p.m. prevailing time on the day of a primary or an 15
election. 16
(14) (a) Unofficial election results transmit ted online to the county board of elections 17
or the State Board of Elections shall occur by means of a secure online 18
connection after results are tallied on the tally computer that has been certified 19
in accordance with KRS 117.379 as part of a voting system as defined in KRS 20
117.001. 21
(b) If an external device is used to upload election results for the subsequent 22
transmission, the device shall be used for that primary or election only and be 23
of a type approved by the State Board of Elections as part of a voti ng system 24
under KRS 117.379. The upload of the election results shall occur in the 25
presence of two (2) members of the county board of elections who are of a 26
different political affiliation. 27
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(15) Except as otherwise required in this chapter, all records and papers relating to 1
specified elections shall be retained for twenty -two (22) months, and the county 2
clerk shall retain the voted federal provisional ballots, voter affirmations, election 3
official affirmations, and the supplemental paper ballots for twenty -two (22) 4
months and the unvoted federal provisional ballots, the voter affirmations, election 5
official affirmations, and the supplemental paper ballots for sixty (60) days after 6
each election day, after which time they shall be destroyed in a manner to re nder 7
them unreadable by the county board of elections if no contest or recount action has 8
been filed. 9
Section 7. KRS 117.355 is amended to read as follows: 10
(1) Within three (3) days after any primary or general election, the precinct election 11
sheriff shall file a report with the chair of the county board of elections and with the 12
local grand jury. The report shall include any irregularities observed and any 13
recommendations for improving the election process. 14
(2) Within te n (10) days after any primary or general election, the county board of 15
elections shall transmit the information required by subsection (6) of Section 6 of 16
this Act and shall file a report with the State Board of Elections and the local grand 17
jury. The repo rt shall include any irregularities of which the county board has 18
knowledge and any recommendations for improving the election process. The 19
report shall also include a breakdown by precinct of the number of voters requiring 20
assistance to vote and the reaso ns therefor; the number of special ballots cast by 21
category; and any other information required by the state board. 22
(3) [Within thirty (30) days after any primary or general election, the county board of 23
elections shall transmit the information required by KRS 117.275(3) to (6). 24
(4) ]The State Board of Elections shall issue administrative regulations under KRS 25
Chapter 13A to prescribe the forms required by this section. 26
Section 8. KRS 117.379 is amended to read as follows: 27
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(1) (a) Any person or corporation owning, manufacturing, or selling any voting 1
system or e -poll book product [,] may request the State Board of Elections to 2
examine the voting system or e -poll book product. Before requesting an 3
examination or reexamination, any person, persons, or corporation shall pay 4
to the State Treasurer a nonrefundable deposit of five hundred dollars ($500) 5
and submit a test report from an independent testing authority approved by the 6
State Board of Elections. 7
(b) If the report concerns a voting system, the report shall demonstrate that the 8
voting system meets a previously established [all] Election Ass istance 9
Commission standard[standards]. Notwithstanding any other provision of law 10
to the contrary, if an[these] Election Assistance Commission standard 11
has[standards have] been amended less than thirty -six (36) months prior to 12
the request for examination under this subsection, the State Board of Elections 13
may approve and certify a voting system that meets the prior 14
standard[standards] after determining: 15
1. The effect that such approval would have on the integrity and security of 16
elections; and 17
2. The procedure and cost involved to bring the voting system into 18
compliance with the amended standard[standards]. 19
(c) The State Board of Elections may, at any time, reexamine any vot ing system 20
or e-poll book product already approved. The State Board of Elections shall 21
approve or disapprove any voting system or e -poll book product within sixty 22
(60) days after the date of its initial submission. Any or all costs associated 23
with the voting system or e -poll book product being examined or reexamined 24
shall be paid to the State Treasurer by the person or corporation once the 25
approval or disapproval is complete. 26
(2) (a) Upon receipt of a request for examination or reexamination of a voting system 27
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or e -poll book product, the State Board of Elections shall require that 1
the[such] voting system or e-poll book product be examined or reexamined by 2
three (3) examiners. The State Board of Elections shall appoint one (1) 3
examiner who is an expert in computer science, voting systems, or e-poll book 4
products, whichever is applicable; one (1) person who is knowledgeable in 5
election procedures, election security, and election law in Kentucky; and one 6
(1) person who is a present or former county clerk. The th ree (3) examiners 7
shall submit one (1) written report on each voting system or e -poll book 8
product, examined or reexamined, to the State Board of Elections. The 9
members of the State Board of Elections shall also examine or reexamine the 10
voting system or e-poll book product. 11
(b) A voting system shall be approved and certified if the examiners' report states 12
that the voting system meets all the requirements of KRS 117.125 and 13
applicable federal law, and the State Board of Elections finds that the voting 14
system meets all of the requirements of KRS 117.125 and applicable federal 15
law. 16
(c) Beginning September 1, 2022, an e -poll book product shall be approved and 17
certified if the examiners' report and the State Board of Elections find that the 18
e-poll book product m eets the certification requirements promulgated by the 19
State Board of Elections in accordance with [pursuant to] KRS Chapter 13A 20
and applicable federal law. 21
(d) Each report and letter of approval pertaining to a voting system or an e -poll 22
book product shall be filed in the office of the State Board of Elections. 23
(3) Any voting system or e -poll book product not approved by the State Board of 24
Elections shall not be used at any primary, regular election, or special election. 25
(4) When a voting system or e -poll book product has been approved, any improvement 26
or changes in the voting system or e -poll book product shall render necessary the 27
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examination or approval of such voting system or improvement. 1
(5) Neither the members of the State Board of Elections, nor any examiner appointed 2
by the State Board of Elections, nor any member of a county board of elections 3
shall have any pecuniary interest in any voting system or e-poll book product. 4
(6) Each examiner appointed by the State Board of Elections shall receive fair 5
compensation to be established by the State Board of Elections[. 6
(7) An e -poll book product approved under this section shall not be used in any 7
primary, regular election, or special election held before May 11, 2023]. 8
Section 9. KRS 117.389 is amended to read as follows: 9
On any day after ballots have been certified by the Secretary of State as provided in KRS 10
118.215,[ and] petitions to allow consolidation of precincts have been approved by the 11
State Board of Elections a s provided in KRS 117.066, and any petitions authorized by 12
KRS 242.030(4) are filed, but not less than five (5) days prior to the election day, the 13
county clerk shall have the automatic tabulating equipment tested in the manner 14
prescribed by the State Board of Elections. 15
Section 10. KRS 118.015 is amended to read as follows: 16
As used in this chapter, unless the context otherwise requires: 17
(1) [A ]"Political party" means[is] an affiliation or organization of electors representing 18
a political policy and having a constituted authority for its government and 19
regulation, and whose candidate received at least ten percent (10%)[twenty percent 20
(20%)] of the total vote cast at the last preceding election at which presidential 21
electors were voted for; 22
(2) [The word ]"Election," used in reference to a state, district, county, or city election, 23
includes the decisions of questions submitted to the qualified voters as well as the 24
choice of officers by them; 25
(3) [A ] "Ballot" or "official b allot" means the official presentation of offices and 26
candidates to be voted for, including write -in candidates, and all public questions 27
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submitted for determination, and shall include a voting machine ballot, a paper 1
ballot, an absentee ballot, a federal provisional ballot, a federal provisional absentee 2
ballot, or a supplemental paper ballot which has been authorized for the use of the 3
voters in any primary, regular election, or special election by the Secretary of State 4
or the county clerk; 5
(4) "Ballot box" means any box, bag, or other container that can be locked, sealed, or 6
otherwise rendered tamper-resistant, for receiving ballots; 7
(5) "Election officer" means any person tasked with election administration within this 8
state, as context dictates the def ined role, including but not limited to the Secretary 9
of State and his or her employees, members of the State Board of Elections and 10
staff, members of the county boards of election and staff, precinct election officers, 11
election officials, and poll workers; 12
(6) "Voting equipment" means any physical component of a voting system and 13
includes voting machines where voting machines are in operation; 14
(7) "Voting machine" or "machine" means a part of a voting system that consists of: 15
(a) A direct recording electronic voting machine that: 16
1. Records votes by means of a ballot display provided with mechanical or 17
electro-operated components that may be actuated by the voter; 18
2. Processes the data by means of a computer program; 19
3. Records voting data and ballot images in internal and external memory 20
components; and 21
4. Produces a tabulation of the voting data stored in a removable memory 22
component and on a printed copy; or 23
(b) One (1) or more electronic devices that operate independently or as a 24
combination of a ballot marking device and an electronic or automatic vote 25
tabulating device; 26
(8) "Voting system" means: 27
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(a) The total combination of physical, mechanical, electromechanical, or 1
electronic equipment, including the software, hardware, firm ware, and 2
documentation required to program, control, and support that equipment, that 3
is used to: 4
1. Define ballots; 5
2. Cast and count votes; 6
3. Report or display election results; and 7
4. Maintain and produce any audit trail information; and 8
(b) The practices and associated documentation used to: 9
1. Identify system components and versions of those components; 10
2. Test the system during its development and maintenance; 11
3. Maintain records of system errors and defects; 12
4. Determine specific system changes to be made to a system after the 13
initial qualification of the system; and 14
5. Make available any materials to the voter, such as notices, instructions, 15
forms, or paper ballots; 16
(9) [The word ] "Resident," used in reference to a candidate in a state, district, c ounty, 17
or city election means[shall mean] actual resident, without regard to the residence 18
of the spouse of the candidate; 19
(10) "Political organization" means a political group not constituting a political party 20
within the meaning of subsection (1) of this section but whose candidate received 21
two percent (2%) or more of the vote of the state at the last preceding election for 22
presidential electors; and 23
(11) "Political group" means a political group not constituting a political party or a 24
political organization within the meaning of subsections (1) and (10) of this section. 25
Section 11. KRS 118.125 is amended to read as follows: 26
(1) Except as provided in KRS 118.155, any person who is qualified under the 27
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provisions of KRS 116.055 to vote in any primary for the candidates for nomination 1
by the party at whose hands he or she seeks the nomination, shall have his or her 2
name printed on the official ballot of his or her party for an office to which he or 3
she is eligible in that pr imary, upon filing, with the Secretary of State or county 4
clerk, as appropriate, at the proper time, a notification and declaration. 5
(2) The notification and declaration shall be in the form prescribed by the Secretary of 6
State[State Board of Elections] . It shall be signed by the candidate and by not less 7
than two (2) registered voters[,] who, at the time of signing, are of the same party as 8
the candidate and from the district or jurisdiction from which the candidate seeks 9
nomination. Signatures for nomination papers shall not be affixed on the document 10
to be filed prior to the first Wednesday after the first Monday i n November of the 11
year preceding the year in which the office will appear on the ballot. The 12
notification and declaration for a candidate shall include the following oath: 13
"For the purpose of having my name placed on the official primary election 14
ballot as a candidate for nomination by the ------ Party, I, ------ (name in full as 15
desired on the ballot as provided in KRS 118.129), do solemnly swear that my date 16
of birth is ----- (month/day/year), that my residence address is ----- (street, route, 17
highway, city if applicable, county, state, and zip code), that my mailing address, if 18
different, is ----- (post office address), and that I am a registered ------ (party) voter; 19
that I believe in the principles of the ------ Party, and intend to support its principles 20
and policies; that I meet all the statutory and constitutional qualifications for the 21
office which I am seeking; that if nominated as a candidate of such party at the 22
ensuing election I will accept the nomination and not withdraw for reasons other 23
than those stated in KRS 118.105(3); that I will not knowingly violate any election 24
law or any law relating to corrupt and fraudulent practice in campaigns or elections 25
in this state, and if finally elected I will qualify for the office." 26
The declaration sha ll be subscribed and sworn to before an officer authorized to 27
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administer an oath by the candidate and by the two (2) voters making the 1
declaration and signing the candidate's petition for office. 2
(3) When the notice and declaration has been filed with the Secretary of State or county 3
clerk, as appropriate, and certified according to KRS 118.165, the Secretary of State 4
or county clerk, as appropriate, shall have the candidate's name printed on the ballo t 5
according to the provisions of this chapter, except as provided in KRS 118.185. 6
(4) Titles, ranks, or spurious phrases shall not be accepted on the filing papers and shall 7
not be printed on the ballots as part of the candidate's name; however, nicknames, 8
initials, and contractions of given names may be acceptable as the candidate's name. 9
Section 12. KRS 118.129 is amended to read as follows: 10
(1) The Secretary of State or the county clerk, as appropriate, shall certify t he exact 11
spelling and form of the name of the candidate to be printed on all ballots in 12
accordance with the requirements listed in this section. 13
(2) A candidate's nickname which is found to be, in the discretion of the Secretary of 14
State or the county cler k, as appropriate, a title, rank, degree, job description, or 15
spurious phrase shall be placed on the ballot only if it is the candidate's bona fide 16
nickname, generally used by acquaintances of the candidate in the county of 17
residence to refer to the candid ate, and if the nickname is acknowledged, by 18
affidavit, under oath, by five (5) residents of the county in which the candidate 19
resides, to be a bona fide nickname. The candidate shall also acknowledge, by 20
affidavit under oath, that this is his or her bona fide nickname and is not being used 21
to gain an advantage on the ballot. 22
(3) A nickname shall always appear set off in quotation marks and immediately before 23
the last name. Periods shall follow all abbreviations or initials. Additional qualifiers 24
following the last name, such as "Jr" or "III" shall not be separated from the last 25
name by a comma and shall be followed by a period. 26
(4) The candidate's name shall always appear in the following form: first or given 27
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name, contraction of given name, or initial; mid dle name or names or initials, if 1
desired by the candidate; nickname if desired by the candidate; and last or surname 2
in full. All names shall be in substantially the following form: John Lincoln "Jack" 3
Doe; or J. Lincoln "Jack" Doe; or J. L. "Jack" Doe Jr .; or any of the above 4
combinations without the intervening nickname. 5
(5) The total number of spaces, inclusive of letters, spaces, and punctuation, which may 6
be utilized on the ballot for a candidate's name and, if any, nickname, shall be 7
twenty-five (25). Notwithstanding the listing of the candidate's name on the filing 8
papers, spaces, periods, quotation marks, and commas necessary for proper 9
punctuation shall be added by the Secretary of State or the county clerk, as 10
appropriate. No candidate's name shal l exceed twenty -five (25) spaces. The 11
Secretary of State or the county clerk, as appropriate, shall determine the correct 12
listing for any candidate whose name exceeds twenty-five (25) spaces to conform to 13
this requirement. 14
Section 13. KRS 118.165 is amended to read as follows: 15
(1) Except as provided in KRS Chapters 116 to 121, candidates for offices to be voted 16
for by the electors of one (1) county or of a district less than one (1) county, except 17
candidates for members of Congress,[ and] members of the General Assembly, and 18
Commonwealth's attorneys, shall file their nomination papers with the county clerk 19
of the county not earlier than the first Wednesday after the first Monday in 20
November of the year preceding the year the office will appear on the ballot and not 21
later than the first Friday following the first Monday in January preceding the day 22
fixed by law for holding the primary. All nomination papers shall be filed no later 23
than 4 p.m. local time at the place of filin g when filed on the last date on which the 24
papers may be filed. 25
(2) Candidates for offices to be voted for by the electors of more than one (1) county, 26
including candidates[and] for members of Congress,[ and] members of the General 27
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Assembly, and Commonwealth's attorneys, shall file their nomination papers with 1
the Secretary of State not earlier than the first Wednesday after the first Monday in 2
November of the year preceding the year the office will appear on the ballot and not 3
later than the first Friday f ollowing the first Monday in January preceding the day 4
fixed by law for holding the primary. Signatures for nomination papers shall not be 5
affixed on the document to be filed prior to the first Wednesday after the first 6
Monday in November of the year preceding the year in which the office will appear 7
on the ballot. All nomination papers shall be filed no later than 4 p.m. local time at 8
the place of filing when filed on the last date on which the papers may be filed. 9
(3) The Secretary of State or the county clerk shall examine the notification and 10
declaration form of each candidate to determine whether it is regular on its face. If 11
there is an error, the proper officer shall notify the candidate by certified mail 12
within twenty-four (24) hours of filing. 13
(4) A judge who elected to retire as a Senior Status Special Judge in accordance with 14
KRS 21.580 shall not become a candidate or a nominee for any elected office 15
during the five (5) year term prescribed in KRS 21.580(1)(a)1., regardless of the 16
number of days served by the judge acting as a Senior Status Special Judge. 17
Section 14. KRS 118.315 is amended to read as follows: 18
(1) A candidate for any office to be voted for at any regular election may be nominated 19
by a petition of e lectors qualified to vote for him or her, complying with the 20
provisions of subsection (2) of this section. No person whose registration status is 21
as a registered member of a political party shall be eligible to election as an 22
independent, or political orga nization, or political group candidate, nor shall any 23
person be eligible to election as an independent, or political organization, or 24
political group candidate whose registration status was as a registered member of a 25
political party on January 1 immediate ly preceding the regular election for which 26
the person seeks to be a candidate. This restriction shall not apply to candidates to 27
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those offices specified in KRS 118.105(6), for supervisor of a soil and water 1
conservation district, for candidates for mayor or legislative body in cities of the 2
home rule class, or to candidates participating in nonpartisan elections. 3
(2) The form of the petition shall be prescribed by the Secretary of State[State Board of 4
Elections]. It shall be signed by the candidate and by registered voters from the 5
district or jurisdiction from which the candidate seeks nomination. The petition 6
shall include a declaration, sworn to by the candidate, that he or she possesses all 7
the constitutional and statutory requirements of the office for which the candidate 8
has filed. Signatures for a petition of nomination for a candidate seeking any office, 9
excluding President of the United States in accordance with KRS 118.591(1), shall 10
not be affixed on the document to be filed prior to the first Wednesday after the first 11
Monday in November of the year preceding the year in which the office will appear 12
on the ballot. Signatures for nomination papers shall not be affixed on the document 13
to be filed prior to the first Wednesday after the first Monday in November of the 14
year preceding the year in which the office will appear on the ballot. A petition of 15
nomination for a state officer, or any officer for whom all the electors of the state 16
are entitled to vote, shall contain five thousand (5,000) petitioners ; for a 17
representative in Congress from any congressional district, or for any officer from 18
any other district except as herein provided, four hundred (400) petitioners; for a 19
county officer, member of the General Assembly, or Commonwealth's attorney, one 20
hundred (100) petitioners; for a soil and water conservation district supervisor, 21
twenty-five (25) petitioners; for a city officer or board of education member, two 22
(2) petitioners; and for an officer of a division less than a county, except as [ herein] 23
provided in this subsection , twenty (20) petitioners. It shall not be necessary that 24
the signatures of the petition be appended to one (1) paper. Each petitioner shall 25
include the date he or she affixes the signature, address of residence, and date of 26
birth. Failure of a voter to include the signature affixation date, date of birth, and 27
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address of residence shall result in the signature not being counted. A petitioner for 1
the nomination of a candidate may be counted for every petition to which his or her 2
signature is affixed. 3
(3) Titles, ranks, or spurious phrases shall not be accepted on the filing papers and shall 4
not be printed on the ballots as part of the candidate's name; however, nicknames, 5
initials, and contractions of given names may be accepted as the candidate's name. 6
(4) The Secretary of State and county clerks shall examine the petitions of all 7
candidates who file with them to determine whether each petition is regular on its 8
face. If there is an error, the Secretary of State or the county clerk sh all notify the 9
candidate by certified mail within twenty-four (24) hours of filing. 10
(5) A judge who elected to retire as a Senior Status Special Judge in accordance with 11
KRS 21.580 shall not become a candidate or a nominee for any elected office 12
during the five (5) year term prescribed in KRS 21.580(1)(a)1., regardless of the 13
number of days served by the judge acting as a Senior Status Special Judge. 14
Section 15. KRS 118.367 is amended to read as follows: 15
(1) An independent, or political organization, or political group candidate required to 16
file nomination papers pursuant to KRS 118.365(5) shall be required to file a 17
statement-of-candidacy form with the same office at which nomination papers are 18
filed. Candidates for feder al office,[ and] candidates for mayor or legislative body 19
in cities of the home rule class participating in partisan elections , and candidates 20
for a special election or election for an unexpired term shall not be required to file 21
a statement-of-candidacy form. The statement -of-candidacy form shall be filed not 22
earlier than the first Wednesday after the first Monday in November of the year 23
preceding the year in which the office will appear on the ballot and not later than 24
April 1 preceding the day fixed by l aw for holding of regular elections for the 25
offices sought. If the office in which the statement -of-candidacy form is to be filed 26
is closed on April 1, the form may be filed on the next business day. The statement -27
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of-candidacy form shall be filed no later than 4 p.m. local time when filed on the 1
last day on which papers are permitted to be filed. No person shall file a statement -2
of-candidacy form for more than one (1) public office during an election cycle. 3
(2) The statement-of-candidacy form shall be prescribed by the Secretary of State[State 4
Board of Elections] . The statement -of-candidacy form shall be signed by the 5
candidate upon filing. No charge shall be assessed for the filing of a statement -of-6
candidacy form. The Secretary of State and county clerks shall examine the 7
statement-of-candidacy form of each cand idate who files the form to determine if 8
there is an error. If an error has occurred, the candidate shall be notified by certified 9
mail within twenty-four (24) hours. 10
Section 16. KRS 118A.060 is amended to read as follows: 11
(1) Except as provided in KRS 118A.100, no person's name shall appear on a ballot, 12
including an absentee ballot, for an office of the Court of Justice without first 13
having been nominated as provided in this section. 14
(2) Each candidate for nomination sha ll file a petition for nomination with the 15
Secretary of State not earlier than the first Wednesday after the first Monday in 16
November of the year preceding the year in which the office will appear on the 17
ballot and not later than the first Friday following the first Monday in January 18
preceding the day fixed by law for holding the primary for the office. The petition 19
shall be sworn to before an officer authorized to administer an oath by the candidate 20
and by not less than two (2) registered voters from the d istrict or circuit from which 21
he or she seeks nomination. Signatures for nomination papers shall not be affixed 22
on the document to be filed prior to the first Wednesday after the first Monday in 23
November of the year preceding the year in which the office w ill appear on the 24
ballot. The petition shall be filed no later than 4 p.m. local time at the place of filing 25
when filed on the last date on which the papers are permitted to be filed. 26
(3) (a) The petition for nomination shall be in the form prescribed by t he Secretary 27
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of State [State Board of Elections] . The petition shall include a declaration 1
sworn to by the candidate, that he or she possesses all the constitutional and 2
statutory requirements of the office for which the candidate has filed. Titles, 3
ranks, or spurious phrases shall not be accepted on the petition and shall not 4
be printed on the ballots as part of the candidate's name; however, nicknames, 5
initials, and contractions of given names may be acceptable as the candidate's 6
name. 7
(b) The Secretary of State shall certify the exact spelling and form of the name of 8
the candidate to be printed on all ballots in accordance with the requirements 9
listed in KRS 118.129. 10
(4) The Secretary of State shall examine the petition of each candidate to determine 11
whether it is regular on its face. If there is an error, the Secretary of State shall 12
notify the candidate by certified mail within twenty -four (24) hours of filing. The 13
order of names on the ballot for each district or circuit, and numbered division if 14
divisions exist, shall be determined by lot at a public drawing to be held in the 15
office of the Secretary of State at 2 p.m., standard time, on the Thursday following 16
the filing deadline for the primary as established in this section and in KRS 17
83A.045 and 118.165. 18
(5) Not later than the date set forth in KRS 118.215(1)(a) preceding the primary, and 19
after the order of names on the ballot has been determined as required in subsect ion 20
(4) of this section, the Secretary of State shall: 21
(a) Certify to the county clerks of the respective counties entitled to participate in 22
the election of the various candidates, the name and place of residence of each 23
candidate for each office, by dist rict or circuit, and numbered division if 24
divisions exist, as specified in the petitions for nomination filed with him or 25
her; and 26
(b) Designate for the county clerks the office of the Court of Justice with which 27
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the names of candidates shall be printed an d the order in which they are to 1
appear on the ballot. 2
(6) The ballot position of a candidate shall not be changed after the ballot position has 3
been designated by the Secretary of State. 4
(7) The county clerks of each county shall cause to be printed on th e ballots for the 5
primary the names of the candidates for offices in the Court of Justice. 6
(8) The names of the candidates shall be placed on the ballots in a separate column or 7
columns or in a separate line or lines and identified by the words "Judicial B allot." 8
The words "Vote for one," or "Vote for one in each division," shall be printed on 9
the ballot in an appropriate location. The office, numbered division if divisions 10
exist, and the candidates shall be clearly labeled. No party designation or emblem 11
of any kind, nor any sign indicating any candidate's political belief or party 12
affiliation, shall be used on the ballots. 13
(9) The two (2) candidates receiving the highest number of votes for nomination for 14
justice or judge of a district or circuit, or numbe red division if divisions exist, shall 15
be nominated. Certificates of nomination shall be issued as provided in KRS 16
118A.190. 17
(10) If it appears after expiration of the time for filing petitions for nomination that there 18
are not more than two (2) candidates who have filed the necessary petitions for a 19
place on the ballot in the regular election, no drawing for ballot position shall be 20
held and the Secretary of State shall immediately issue and file in the Secretary's 21
office certificates of nomination, and send copies to the candidates. 22
Section 17. KRS 119.015 is amended to read as follows: 23
Any county clerk or deputy county clerk who [falsely or ]fraudulently registers the name 24
of any person, or permits any person to registe r knowing that the person is not entitled to 25
register, or who fails or refuses to deliver copies of the registration records to a person 26
entitled thereto, shall be guilty of a Class D felony. 27
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Section 18. KRS 119.165 is amended to read as follows: 1
(1) Any person who falsely personates a registered voter, and receives and casts a 2
ballot by means of such personation, shall be guilty of a Class D felony. An attempt 3
at such personation shall constitute a Class A misdemeanor. 4
(2) Any person who, by means other than falsely personating a registered voter, votes 5
at an election in this state when he or she is a resident of another state or country, or 6
votes more than once at an election, or votes by use of the naturalization papers of 7
another person, shall be guilty of a Class D felony. Any person who knowingly 8
votes or attempts to vote in a precinct other than the one in which he or she resides 9
shall be guilty of a Class A misdemeanor, unless by voting in a precinct in which he 10
or she does not live he is enabled to vote in a race or on a matter in which he or she 11
could not vote in his or her proper precinct in which case he or she shall be guilty 12
of a Class D felony. Any person who lends or hires his , hers, or another's 13
naturalization papers to be used for the purpose of voting shall be subject to the 14
same penalty. 15
(3) Any person who has been convicted of a felony offense and has not previously been 16
restored to their voting rights who then knowingly votes or attempts to vote shall be 17
guilty of a Class D felony. 18
(4) Any resident of this state who, by means other than falsely personating a registered 19
voter, votes[ at a regular or special election before he has resided in this state thirty 20
(30) days, or in the county and precinct where t he election is held the time required 21
by law, or before he has attained full age, or] before he or she has become a citizen, 22
shall be guilty of a Class B misdemeanor. 23
(5) Any person who, by means other than falsely personating a registered voter, votes 24
in a primary election knowing that he or she is not qualified as provided in KRS 25
116.055, shall be guilty of a violation. 26
(6) Any person who applies for or receives a ballot at any voting place other than the 27
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one at which he or she is entitled to vote, under circumstances not constituting a 1
violation of any of the provisions of subsections (1) to (3) of this section, shall be 2
guilty of a Class A misdemeanor. 3
Section 19. KRS 132.017 is amended to read as follows: 4
(1) As used in this section: 5
(a) "Local governmental entity" includes a county fiscal court and legislative 6
body of a city, urban -county government, consolidated local government, 7
charter county government, unified local government, or other taxing district; 8
and 9
(b) "Next regular election" means the regular election that occurs immediately 10
after all statutory requirements for levying a property tax rate have been met, 11
regardless of whether the election occurs in the same or a subsequent calendar 12
year as the levy of the property tax rate. 13
(2) (a) 1. Except as provided in subparagraph 2. of this paragraph, the portion of a 14
tax rate levied by an ordinance, order, resolution, or motion of a local 15
governmental entity or district board of education subject to recall as 16
provided for in KRS 68.245, 132.023, 132.027, and 160.470, shall go 17
into effect forty-five (45) days after its passage. 18
2. When a tax rate is levied by a district board of education or other taxing 19
district that is primarily located in a county containing an urb an-county 20
government or a consolidated local government, the portion of a tax rate 21
levied by an ordinance, order, resolution, or motion of a district board of 22
education or other taxing district subject to recall as provided for in KRS 23
68.245, 132.023, 132. 027, and 160.470, shall go into effect fifty (50) 24
days after its passage. 25
(b) During the same forty -five (45) day or fifty (50) day time period provided by 26
paragraph (a) of this subsection, any three (3) qualified voters, who reside in 27
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the area where the t ax levy will be imposed, may commence petition 1
proceedings to protest the passage of the ordinance, order, resolution, or 2
motion by filing an affidavit with the county clerk. The affidavit shall state: 3
1. The three (3) qualified voters constitute the members of the petition 4
committee; 5
2. The petition committee will be responsible for circulating the petition; 6
3. The petition committee will file the petition in the proper form within 7
the same forty -five (45) day or fifty (50) day time period provided by 8
paragraph (a) of this subsection; 9
4. The names and addresses of the petition committee members; 10
5. The address to which all notices to the committee are to be sent; and 11
6. For petition committees filing petiti ons in response to a tax rate levied 12
by a district board of education or other taxing district that is primarily 13
located in a county containing an urban -county government or a 14
consolidated local government, whether or not the petition committee is 15
willing to incur all of the expenses associated with electronic petition 16
signatures. If the petition committee is not willing to incur all of the 17
expenses, then electronic petition signatures shall not be allowed for the 18
petition. 19
(c) Upon receipt of the affidavit, the county clerk shall immediately: 20
1. Notify the petition committee of all statutory requirements for the filing 21
of a valid petition under this section; 22
2. Notify the petition committee that the clerk will publish a notice 23
identifying the tax levy being challenged and providing the names and 24
addresses of the petition committee in a newspaper of general 25
circulation within the county, if: 26
a. There is a newspaper within the county in which to publish the 27
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notice; and 1
b. The petition committee remits an amoun t equal to the cost of 2
publishing the notice determined in accordance with the provisions 3
of KRS 424.160 at the time of the filing of the affidavit. 4
If the petition committee elects to have the notice published, the clerk 5
shall publish the notice within f ive (5) days of receipt of the affidavit; 6
and 7
3. Deliver a copy of the affidavit to the appropriate local governmental 8
entity or district board of education. 9
(d) The petition shall meet the following requirements: 10
1. All papers of the petition shall be sub stantially uniform in size and style 11
and shall be assembled in one (1) instrument for filing; 12
2. Each sheet of the petition may contain the names of voters from more 13
than one (1) voting precinct; 14
3. Each nonelectronic petition signature shall be executed i n ink or 15
indelible pencil; 16
4. Each electronic petition signature shall comply with the requirements of 17
the Uniform Electronic Transactions Act, KRS 369.101 to 369.120; 18
5. Each petition signature shall be followed by the printed name, street 19
address, birth month, and birth year of the person signing; and 20
6. a. i. Except for petitions filed in response to a tax rate levied by a 21
district board of education, the petition shall be signed by a 22
number of registered and qualified voters residing in the 23
affected jurisdiction equal to at least ten percent (10%) of the 24
total number of votes cast in the last preceding presidential 25
election. 26
ii. For petitions filed in response to a tax rate levied by a district 27
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board of education, the petition shall be signed by at least 1
five thousand (5,000) registered and qualified voters residing 2
in the affected jurisdiction or signed by a number of 3
registered and qualified voters residing in the affected 4
jurisdiction equal to at least ten percent (10%) of the total 5
number of votes cas t in the last preceding presidential 6
election, whichever is less. 7
b. Electronic petition signatures shall be included in determining 8
whether the required number of petition signatures has been 9
obtained when: 10
i. The expenses associated with the electronic p etition 11
signatures have been incurred in accordance with paragraph 12
(b)6. of this subsection; 13
ii. The electronic petition signatures comply with the 14
requirements of this subsection; and 15
iii. The petition was filed in response to a tax rate levied by a 16
district board of education or other taxing district that is 17
primarily located in a county containing an urban -county 18
government or a consolidated local government. 19
c. The inclusion of an invalid petition signature on a page shall not 20
invalidate the entire page of the petition, but shall instead result in 21
the invalid petition signature being stricken and not counted. 22
(e) Upon the filing of the petition with the county cl erk, the ordinance, order, 23
resolution, or motion shall be suspended from going into effect until after the 24
election referred to in subsection (3) of this section is held, or until the 25
petition is finally determined to be insufficient and no further action may be 26
taken pursuant to paragraph (i) of this subsection. 27
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(f) The county clerk shall immediately notify the presiding officer of the 1
appropriate local governmental entity or district board of education that the 2
petition has been received and shall, within thirty (30) days of the receipt of 3
the petition, make a determination of whether the petition contains enough 4
signatures of qualified voters to place the ordinance, order, resolution, or 5
motion before the voters. 6
(g) If the county clerk finds the petition to be sufficient, the clerk shall certify to 7
the petition committee and the local governmental entity or district board of 8
education within the thirty (30) day period provided for in paragraph (f) of 9
this subsection that the petition is properly presented and in compliance with 10
the provisions of this section, and that the ordinance, order, resolution, or 11
motion levying the tax will be placed before the voters for approval. 12
(h) If the county clerk finds the petition to be insufficient, the clerk shall, with in 13
the thirty (30) day period provided for in paragraph (f) of this subsection, 14
notify, in writing, the petition committee and the local governmental entity or 15
district board of education of the specific deficiencies found. Notification 16
shall be sent by ce rtified mail and shall be published at least one (1) time in a 17
newspaper of general circulation within the county containing the local 18
governmental entity or district board of education levying the tax. If there is 19
not a newspaper within the county in whic h to publish the notification, then 20
the notification shall be posted at the courthouse door. 21
(i) A final determination of the sufficiency of a petition shall be subject to final 22
review by the Circuit Court of the county in which the local governmental 23
entity or district board of education is located, and shall be limited to the 24
validity of the county clerk's determination. Any petition challenging the 25
county clerk's final determination shall be filed within ten (10) days of the 26
issuance of the clerk's final determination. 27
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(j) The local governmental entity or district board of education may cause the 1
cancellation of the election by reconsidering and amending the ordinance, 2
order, resolution, or motion to levy a tax rate which will produce no more 3
revenue from real property, exclusive of revenue from new property as 4
defined in KRS 132.010, than four percent (4%) over the amount of revenue 5
produced by the compensating tax rate defined in KRS 132.010 from real 6
property. The action by the local governmental entity or district board of 7
education shall be valid only if taken within fifteen (15) days following the 8
date the clerk finds the petition to be sufficient. 9
(3) (a) If an election is necessary under the provisions of subsection (2) of this 10
section: 11
1. The local governmental entity shall cause to be submitted to the voters 12
of the district at the next regular election, the question as to whether the 13
property tax rate shall be levied; or 14
2. The district board of education shall cause to be submitted to the voters 15
of the district in a called common school election not less than fifty 16
(50)[thirty-five (35)] days nor more than sixty (60)[forty-five (45)] days 17
from the date the signatures on the petition are validated by the county 18
clerk, or at the next regular election, at the option of the district board of 19
education, the question as to whether the property tax rate shall be 20
levied. The cost of a called common school election shall be borne by 21
the school district holding the election , which shall post bond with the 22
Circuit Court to cover all costs of the election within five (5) days after 23
the date the clerk finds the petition to be sufficient . Any called 24
common school election shall comply with the provisions of KRS 25
118.025. 26
(b) If an election under paragraph (a) of th is subsection is held in conjunction 27
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with a regular election, the question as to whether the property tax rate shall 1
be levied shall be submitted to the county clerk no later than the second 2
Tuesday in August preceding the regular election. 3
(c) In an elect ion held under paragraph (a) of this subsection, the question shall 4
be framed to ask whether the voter is for the levy of the property tax rate. If a 5
majority of the votes cast upon the question oppose its passage, the ordinance, 6
order, resolution, or moti on shall not go into effect. If a majority of the votes 7
cast upon the question favor its passage, the ordinance, order, resolution, or 8
motion shall become effective. 9
(d) If the ordinance, order, resolution, or motion fails to pass pursuant to an 10
election h eld under paragraph (a) of this subsection, the property tax rate 11
which will produce four percent (4%) more revenues from real property, 12
exclusive of revenue from new property as defined in KRS 132.010, than the 13
amount of revenue produced by the compensati ng tax rate defined in KRS 14
132.010, shall be levied without further approval by the local governmental 15
entity or district board of education. 16
(e) Local, state, and federal tax dollars shall not be used to advocate, in partial 17
terms, for or against any publ ic question that appears on the ballot in this 18
subsection. For purposes of this section, "local" means and includes any city, 19
county, urban -county government, consolidated local government, unified 20
local government, charter county, or special district. 21
(4) Notwithstanding any statutory provision to the contrary, if a local governmental 22
entity or district board of education has not established a final tax rate as of 23
September 15, due to the recall provisions of this section, KRS 68.245, 132.027, or 24
160.470, regular tax bills shall be prepared as required in KRS 133.220 for all 25
districts having a tax rate established by that date; and a second set of bills shall be 26
prepared and collected in the regular manner, according to the provisions of KRS 27
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Chapter 132, upon establishment of final tax rates by the remaining districts. 1
(5) If a second billing is necessary, the collection period shall be extended to conform 2
with the second billing date. 3
(6) All costs associated with the second billing shall be paid by the tax ing district or 4
districts requiring the second billing. 5
Section 20. KRS 160.210 is amended to read as follows: 6
(1) In independent sc hool districts, the members of the school board shall be elected 7
from the district at large. In county school districts, members shall be elected from 8
divisions. 9
(2) The board of education of each county school district shall, not later than July 1, 10
1940, divide its district into five (5) divisions containing integral voting precincts 11
and as equal in population insofar as is practicable. In first dividing the county 12
district into divisions the board shall, if more than one (1) of its members reside in 13
one (1) division, determine by lot which member from that division shall represent 14
that division, and which members shall represent the divisions in which no member 15
resides. The members so determined to represent divisions in which no member 16
resides shall be co nsidered the members from those divisions until their terms 17
expire, and thereafter the members from those divisions shall be nominated and 18
elected as provided in KRS 160.200 and 160.220 to 160.250. 19
(3) Any changes made in division boundary lines shall be t o make divisions as equal in 20
population and containing integral voting precincts insofar as is practical. No 21
change may be made in division boundary lines less than five (5) years after the last 22
change in any division lines, except in case of merger of dis tricts, a change in 23
territory due to annexation, or to allow compliance with KRS 117.055(2). 24
(4) (a) Notwithstanding the provisions of subsection (3) of this section, if one 25
hundred (100) residents of a county school district division petition the 26
Kentucky Board of Education stating that the school district divisions are not 27
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divided as nearly equal in population as can reasonably be expected, the chief 1
state school officer shall cause an investigation to determine the validity of the 2
petition, the investigation to be completed within thirty (30) days after receipt 3
of the petition. 4
(b) If the investigation reveals the school district to be unequally divided 5
according to population, the Kentucky Board of Education, upon the 6
recommendation of the chief state school officer, shall order the local board of 7
education to make changes in school district divisions as are necessary to 8
equalize population within the five (5) school divisions. 9
(c) If any board fails to comply with the order of the Kentucky Board of 10
Education within thirty (30) days or prior to August 1 in any year in which 11
any members of the board are to be elected, members shall be elected from 12
the district at large until the order of the Kentucky Board of Education has 13
been complied with. 14
(d) No change shall be made in the boundary of any division under the provisions 15
of this subsection after June[August] 1 in the year in which a member of the 16
school board is to be elected from any division. 17
(5) Notwithstanding the provisions of subsection (2) of this section, in counties 18
containing a city of the first class wherein a merger pursuant to KRS 160.041 shall 19
have been accomplished, there shall be seven (7) divisions as equal in population as 20
is practicable, with members elected from divisions. To be eligible to be elected 21
from a division, a candidate must reside in that division. The divisions, based upon 22
1970 United States Census Bureau Reports on total population by census tracts for 23
Jefferson County, Kentucky shall be as follows: Division One shal l include census 24
tracts 1-28; Division Two shall include census tracts 29 -35, 47 -53, 57 -74, 80 -84, 25
93, 129, 130; Division Three shall include census tracts 75 -79, 85 -88, 98 -106, 26
107.01, 108; Division Four shall include census tracts 121.01, 123 -128; Divisi on 27
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Five shall include census tracts 36 -46, 56, 90, 120, 121.02, 122; Division Six shall 1
include census tracts 54, 55, 91, 92, 94, 95, 110.02, 113, 114, 117.01, 117.02, 118, 2
119; Division Seven shall include census tracts 89, 96, 97, 107.02, 109, 110.01, 3
111, 112, 115, 116, 117.03, 131, 132. The terms of the members to be elected, KRS 4
160.044 notwithstanding, shall be four (4) years and the election for the initial four 5
(4) year terms shall be as follows: The election of the members from Divisions 6
Two, Four and Seven shall be held at the next regular November election following 7
the effective date of the merger pursuant to KRS 160.041, and the election of the 8
members from Divisions One, Three, Five and Six shall be held at the regular 9
November election two (2) years thereafter. 10
(6) In counties containing cities of the first class, responsibility for the establishment or 11
the changing of school board division boundaries shall be with the local board of 12
education, subject to the review and approval of the county b oard of elections. 13
Where division and census tract boundaries do not coincide with existing election 14
precinct boundaries, school board divisions shall be redrawn to comply with 15
precinct boundaries. In no instance shall precinct boundaries be redrawn nor sh all a 16
precinct be divided to accommodate the drawing of school board division lines. 17
Precinct boundaries nearest existing school board division boundaries shall become 18
the new division boundary. All changes under this statute shall be completed on or 19
before January 1, 1979, and on or before January 1 in any succeeding year in which 20
a member of the school board is to be elected from any division. A record of all 21
changes in division lines shall be kept in the offices of the county board of 22
education and the c ounty board of elections. The board of education shall publish 23
all changes pursuant to KRS Chapter 424. A copy of the newspaper in which the 24
notice is published shall be filed with the chief state school officer within ten (10) 25
days following its publication. 26
Section 21. KRS 118.631 is amended to read as follows: 27
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Upon completion of the official canvass of the results of the primary by the State Board 1
of Elections, the Secretary of State shall certify to the state chairman of each political 2
party participating in the presidential preference primary the following: 3
(1) The names of the candidates entitled to delegate votes under provisions of KRS 4
118.641; 5
(2) The total vote received by each; 6
(3) A declaration that the results of the presidential preference primary, in accordance 7
with the division of votes reflected by the official canvass, shall be the official vote 8
cast by each political party at its national convention, on the first ballot only, and 9
shall be designated by KR S 118.555[118.551] to 118.651 as an automatic vote, 10
expressing the will of the people of the Commonwealth of Kentucky; and 11
(4) After the vote on the first ballot by the political party at its national convention, as 12
required by this section, all responsibi lity under KRS 118.555[118.551] to 118.651 13
shall terminate and further balloting shall be the prerogative of the political parties 14
as might be prescribed by the rules of such political parties. 15
Section 22. KRS 118.641 is amended to read as follows: 16
(1) The political parties in distributing authorized delegate votes among party 17
candidates shall select one (1) of the following methods of distribution: 18
(a) The candidates receiving the highest number of votes, provided each 19
candidate receives at least fifteen percent (15%) of the total vote cast by his or 20
her political party, shall be awarded a pro rata portion of the authorized 21
delegate vote of his or her political party as follows: 22
1. The total vote received by the candidates qualifying under the provisions 23
of KRS 118.555[118.551] to 118.651 and subsections herein shall, when 24
combined, be equal to one hundred percent (100%); 25
2. Each such candidate shall share in the total percentage in direct 26
proportion to the total vote rece ived by him or her mathematically 27
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determined to be the percentage of the aggregate vote which represents 1
one hundred percent (100%); 2
3. Each political party shall appropriate such percentage, as is determined 3
by this section, to the total number of delegat e votes as are allotted by 4
the national committee of each party; or 5
(b) The candidate receiving the highest number of votes cast by his or her 6
political party shall be awarded a pro rata portion of the authorized delegate 7
vote of his or her political party in compliance with the state party rules for 8
that party. 9
(2) Each political party shall, on the first ballot at its national convention, cast this 10
Commonwealth's vote for the candidates as determined by the primary or party 11
caucus and calculated under thi s section or under party rules, whichever is 12
applicable. [ ]Provided, however, that in the event of the death or withdrawal of a 13
candidate receiving votes under this section prior to the tabulation of the first ballot, 14
any delegate votes allocated to such candidate shall be considered uncommitted. 15
Withdrawal shall mean notice in writing by the candidate to the 16
chairperson[chairman] of the Kentucky delegation prior to the first ballot. 17
Section 23. KRS 118.651 is amended to read as follows: 18
It shall be the responsibility of the state chairperson[chairman] of each political party to 19
notify his or her party's national committee, no later than January 30 of each year in 20
which such presidential primary shall be conducted, of th e provisions contained herein 21
relating to the automatic vote on the first ballot as required under KRS 118.555 to 22
118.651[118.551 to 118.641]. 23
Section 24. KRS 83A.170 is amended to read as follows: 24
(1) In any city which has under the provisions of KRS 83A.045 or 83A.050 required 25
nonpartisan city elections, no person shall be elected to city office except as 26
provided in this section or as otherwise provided in this chapter relating to 27
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nonpartisan elections. 1
(2) No person s hall be elected to city office without being nominated in the manner 2
provided in this section at a nonpartisan primary to be held at the time prescribed by 3
KRS Chapters 116 to 121, except as otherwise provided in this chapter. Nonpartisan 4
primaries shall b e conducted by the same officers, chosen and acting in the same 5
manner, with the same rights and duties as in regular elections. 6
(3) Each applicant for nomination shall, not earlier than the first Wednesday after the 7
first Monday in November of the year pr eceding the year in which the office will 8
appear on the ballot and not later than the last date prescribed by the election law 9
generally for filing notification and declaration forms with the county clerk as 10
provided in KRS 83A.047, file a petition of nomi nation, which shall be in the form 11
prescribed by the State Board of Elections signed by at least two (2) registered 12
voters in the city. Each voter may sign individual petitions equal to the number of 13
offices to be filled. If a voter signs petitions for mor e candidates than he or she is 14
authorized, he or she shall be counted as a petitioner for the candidate whose 15
petition is filed first. 16
(4) The county clerk shall examine the petition of each candidate to determine whether 17
it is regular on its face. If ther e is an error, the county clerk shall notify the 18
candidate by certified mail within twenty-four (24) hours of filing. 19
(5) Immediately upon expiration of the time for filing petitions, the county clerk shall 20
have published in accordance with KRS Chapter 424 the names of the applicants as 21
they will appear before the voters at the primary. 22
(6) Subsection (5) of this section shall not apply if it appears, immediately upon 23
expiration of the time for filing petitions, that there are not more than two (2) 24
applicants for nomination for each city office to be filled, or, when the nominations 25
are for city legislative body members in cities electing legislative body members at 26
large, and there are no more than twice the number of applicants for nomination for 27
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the number of offices to be filled. In that case, the applicants for nomination shall 1
thereby be nominated and no drawing for ballot position nor primary election shall 2
be held for that office. 3
(7) The ballot position of a candidate shall not be changed after the ballot position has 4
been designated by the county clerk. 5
(8) If, before the time of certification of candidates who will appear on the ballot, any 6
candidate whose petition has been filed in the office of the county clerk dies or 7
notifies the clerk in writing, signed and properly notarized, that he or she will not 8
accept the nomination, the clerk shall not cause the candidate's name to be printed 9
on the ballot. 10
(9) If, after the certification of candidates who will appear on the ballot, any candidate 11
whose name appears thereon shall withdraw pursuant to KRS 118.212 , be 12
disqualified, or die: 13
(a) Neither the precinct election officers nor the county board of elections shall 14
disclose or report on the official certification of [tabulate or record] the votes 15
cast for the candidate; 16
(b) The county clerk shall provide notices to the precinct election offi cers who 17
shall see that a notice is conspicuously displayed at the polling place advising 18
voters of the change, and that votes for the candidate shall not be disclosed or 19
reported[tabulated or recorded] . If the county clerk learns of the death , 20
disqualification, or withdrawal at least five (5) days prior to the election and 21
provides the notices required by this subsection and the precinct officers fail 22
to post the notices at the polling place, the officers shall be guilty of a 23
violation; and 24
(c) In a primary, if there are only one (1) or two (2) remaining candidates on the 25
ballot for that office, following the withdrawal , disqualification, or death of 26
the other candidate or candidates, neither the precinct election officers nor the 27
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county board of elections shall disclose or report on the official certification 1
of[tabulate or record] the votes for the remaining candidate or candidates, and 2
the officer with whom the remaining candidate or candidates has filed his or 3
her nomination papers shall immediately issu e and file in his or her office a 4
certificate of nomination for that remaining candidate or candidates and send 5
a copy to the remaining candidate or candidates. 6
(10) Names of applicants for each nomination shall be placed before the voters of the 7
city. The voters shall be instructed to vote for one (1) candidate, except when there 8
is more than one (1) candidate for which voters may vote, the instruction "vote for 9
up to .... candidates" shall be used on the ballot. No party designation or emblem of 10
any kind nor any sign indicating any applicant's political belief or party affiliation 11
shall be used. 12
(11) Persons qualified to vote at a regular election shall be qualified to vote at a 13
nonpartisan primary and the law applicable to challenges made at a regular ele ction 14
shall be applicable to challenges made at a nonpartisan primary. 15
(12) Votes shall be counted as provided in general election laws, pursuant to KRS 16
Chapters 116 to 121, and the result shall be published as provided in KRS Chapter 17
424. 18
(13) The two (2) applicants receiving the highest number of votes for nomination for 19
each city office shall be nominated; or where the nominations are for city legislative 20
body members in cities electing legislative body members at large, there shall be 21
nominated the number of applicants receiving the highest number of votes equal to 22
twice the number of offices to be filled. If two (2) candidates are tied for the second 23
highest number of votes in a mayoral election, the names of those two (2) 24
candidates, plus the name of t he candidate receiving the highest number of votes, 25
shall be placed upon the ballot. 26
(14) At the regular election following a nonpartisan primary, the names of the successful 27
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nominees and candidates who have filed a petition of candidacy as provided in thi s 1
chapter to fill a vacancy shall be placed before the voters. 2
(15) The nominee or candidate receiving the greater number of votes cast for each city 3
office shall be elected. 4
(16) KRS Chapters 116 to 121 prescribing duties of county clerks and other public 5
officers in the conduct of elections shall be applicable in all respects to nonpartisan 6
city elections, except no election officer or other person within a polling place shall 7
tell or indicate to a voter, by word of mouth or otherwise, the political affil iation of 8
any candidate for city office. 9
Section 25. KRS 83A.175 is amended to read as follows: 10
(1) The election to fill the regular term of a nonpartisan city office shall be conducted 11
in the manner prescribed in KRS 83 A.165 when, in a regular election for 12
nonpartisan city office no candidates nominated to an office as provided in KRS 13
83A.170 are available due to death, incapacity, or withdrawal, or when city 14
legislative body members are to be elected at large and there are fewer nominees 15
than there are offices to be filled, or when a city has eliminated the primary 16
pursuant to KRS 83A.045. 17
(2) Each candidate shall, not earlier than the first Wednesday after the first Monday in 18
November of the year before the year in whic h the office will appear on the ballot 19
and not later than the last date prescribed by the election law generally for filing 20
petitions of nomination with the county clerk as provided in KRS 83A.047, file a 21
petition for candidacy. The petition shall be presc ribed by the State Board of 22
Elections and shall be signed by at least two (2) registered voters in the city. Each 23
voter may sign individual petitions equal to the number of offices to be filled. If a 24
voter signs petitions for more candidates than he or she is authorized, he or she shall 25
be counted as a petitioner for the candidate whose petition is filed first. 26
(3) The county clerk shall examine the petition of each candidate to determine whether 27
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it is regular on its face. If there is an error, the county c lerk shall notify the 1
candidate by certified mail within twenty-four (24) hours of filing. 2
(4) The ballot position of a candidate shall not be changed after the ballot position has 3
been designated by the county clerk. 4
(5) If, before the certification of ca ndidates who will appear on the ballot, any 5
candidate whose petition has been filed in the office of the county clerk, dies or 6
notifies the clerk in writing, signed and properly notarized, that he or she will not 7
accept the election, the clerk shall not ca use his or her name to be printed on the 8
ballot. 9
(6) If, after the certification of candidates who will appear on the ballot, any candidate 10
whose name appears thereon shall withdraw pursuant to KRS 118.212 , be 11
disqualified, or die: 12
(a) Neither the precinct election officers nor the county board of elections shall 13
disclose or report on the official certification of [tabulate or record] the votes 14
cast for the candidate; 15
(b) The county clerk shall provide notices to the precinct election officers who 16
shall see that a notice is conspicuously displayed at the polling place advising 17
voters of the change, and that votes for the candidate shall not be disclosed or 18
reported[tabulated or recorded] . If the county clerk learns of the death , 19
disqualification, or withdrawal at least five (5) days prior to the election and 20
provides the notices required by this subsection and the precinct officers fail 21
to post the notices at the polling place, the officers shall be guilty of a 22
violation; 23
(c) If there is only one (1) remaining candidate on the ballot for that office in a 24
primary, following the withdrawal , disqualification, or death of the other 25
candidate or candidates, neither the precinct election officers nor the county 26
board of elections shall disclose or report[tabulate or record] the votes for the 27
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remaining candidate, and the officer with whom the remaining candidate has 1
filed his or her nomination papers shall immediately issue and file in his or 2
her office a certificate of nomination for that remaining candidate and send a 3
copy to the remaining candidate. 4
Section 26. KRS 118.212 is amended to read as follows: 5
(1) If, before the time of certification of candidates who will appear on the ballot 6
provided in KRS 118.215, any candidate whose notification and declaration or 7
certificate or petition of nomination has been filed in the office of the Secretary of 8
State dies, is disqualified, or notifies the Secretary of State in writing, signed and 9
properly notarized that he or she will not accept the nomination or election, the 10
Secretary of State shall not certify his or her name. 11
(2) If, after the certification of candidates who will appear on the ballot as provided in 12
KRS 118.215, any candidate whose notification and declaration or certificate or 13
petition of nomination has been filed in the office of the county clerk dies , is 14
disqualified, or notifies the clerk, in the manner described in subsection (1) of this 15
section, that he or she will not accept the nomination or election, the clerk shall 16
ensure that notice is provided to the appropriate precincts as provided in subsection 17
(5) of this section. 18
(3) If, after the certification of candidates who will appear on the ballot as provided in 19
KRS 118.215, any candidate whose notification and declaration or certificate or 20
petition of nomination has been filed in the office of the Secretary of State dies , is 21
disqualified, or notifies the Secretary of State in the manner described in subsection 22
(1) of this section, that he or she will not accept the nominat ion or election, the 23
Secretary of State shall immediately notify the appropriate county clerk, and the 24
clerk shall ensure that notice is provided to the appropriate precincts as provided in 25
subsection (5) of this section. 26
(4) If, after the certification of candidates who will appear on the ballot as provided in 27
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KRS 118.215, any candidate whose name appears on the ballot shall officially 1
withdraw, be disqualified, or die, neither the precinct election officers nor the 2
county board of elections shall disclose or report on the official certification 3
of[tabulate or record] the votes cast for the candidate; and, if there is only one (1) 4
remaining candidate on the ballot for that office in a primary election, following the 5
withdrawal, disqualification, or death of the other candidate or candidates, neither 6
the precinct election officers nor the county board of elections shall disclose or 7
report on the official certification of[tabulate or record] the votes for the remaining 8
candidate, and the officer with whom the remaining candidate has filed his or her 9
nomination papers shall immediately issue and file in his or her office a certificate 10
of nomination for that remaining candidate and send a copy to the remaining 11
candidate. 12
(5) If, after the certification of candidates who will appear on the ballot as provided in 13
KRS 118.215, any candidate whose name appears on the ballot shall officially 14
withdraw, be disqualified, or die, the county clerk shall provide a notice to the 15
precinct election officers who shall see that the notice is conspicuously displayed at 16
the polling place advising voters of the change, and that votes for the candidate 17
shall not be disclosed or reported[tabulated or recorded]. If the county clerk learns 18
of the deat h, disqualification, or withdrawal at least five (5) days prior to the 19
election and provides the notice required by this subsection and the precinct officers 20
fail to post the notice at the polling place, the precinct officers shall be guilty of a 21
violation subject to a fine of not less than ten dollars ($10) nor more than two 22
hundred fifty dollars ($250). 23
Section 27. KRS 118A.150 is amended to read as follows: 24
(1) In certification of candidates for judicial office, no ref erence shall be made to 25
political affiliation. 26
(2) The Secretary of State shall not knowingly certify to the county clerk of any county 27
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the name of any candidate who has not filed the required nomination or candidacy 1
papers, nor knowingly fail to certify t he name of any candidate who has filed the 2
required nomination or candidacy papers. 3
(3) No county clerk shall knowingly cause to be printed on any ballots or absentee 4
ballots for any election, the name of a candidate for an office of the Court of Justice 5
who has not been certified in the manner specified in this chapter. 6
(4) If, before the time of certification of candidates who will appear on the ballot 7
provided for in this chapter, any candidate whose petition or certificate of 8
nomination or petition for candidacy has been filed, dies, is disqualified, or notifies 9
the Secretary of State in writing, signed and properly notarized, that he or she will 10
not accept the nomination or election, the Secretary of State shall not certify his or 11
her name. 12
(5) If, after the certification of candidates who will appear on the ballot, any candidate 13
whose petition or certificate of nomination or petition for candidacy has been filed, 14
dies, is disqualified, or notifies the Secretary of State in the manner described in 15
subsection (4) of this section, that he or she will not accept the nomination or 16
election, the Secretary of State shall immediately notify the appropriate county 17
clerk, and the clerk shall ensure that notice is provided to the appropriate precincts 18
as provided in subsection (7) of this section. 19
(6) If after the certification of candidates who will appear on the ballot, any candidate 20
whose name appears on the ballot shall withdraw , be disqualified, or die, neither 21
the precinct election officers nor the county boar d of elections shall disclose report 22
on the official certification of [tabulate or record] the votes cast for the candidate; 23
and, in a primary, if there are only one (1) or two (2) remaining candidates on the 24
ballot for that office, following the withdrawal , disqualification, or death of the 25
other candidate or candidates, neither the precinct election officers nor the county 26
board of elections shall disclose or report on the official certification of[tabulate or 27
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record] the votes for the remaining candidate or candidates, and the officer with 1
whom the remaining candidate or candidates has filed his or her nomination papers 2
shall immediately issue and file in his or her office a certificate of nomination for 3
that remaining candidate or candidates and send a co py to the remaining candidate 4
or candidates. 5
(7) If, after the certification of candidates who will appear on the ballot, any candidate 6
whose name appears on the ballot shall withdraw pursuant to KRS 118.212 , be 7
disqualified, or die, the county clerk shall provide notices to the precinct election 8
officers who shall see that a notice is conspicuously displayed at the polling place 9
advising voters of the change, and that votes for the candidate shall not be disclosed 10
or reported [tabulated or recorded] . If the county clerk learns of the death , 11
disqualification, or withdrawal at least five (5) days prior to the election and 12
provides the notices required by this subsection and the precinct officers fail to post 13
the notices at the polling place, the officers shall be guilty of a violation, subject to 14
a fine of not less than ten dollars ($10) nor more than two hundred fifty dollars 15
($250). 16
Section 28. KRS 27A.070 is amended to read as follows: 17
(1) The Administrative Office of the Courts shall send certified notices of conviction of 18
a felony to the State Board of Elections within ten (10) days after the conviction 19
becomes final[, including the exhaustion of all appeals,] with regard to any person 20
before the courts of the Commonwealth. 21
(2) By July 24, 2026, the Administrative Office of the Courts shall send to the State 22
Board of Elections an all-time list of persons convicted of a felony, including any 23
persons convicted of a felony whose case is currently pending appeal, who are 24
currently ineligible to vote. The State Board of Elections shall cause the removal 25
of the name of any person identified through the list as ineligible to vote from the 26
voter registration records it maintains by August 4, 2026. 27
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Section 29. KRS 83A.040 is amended to read as follows: 1
(1) A mayor shall be elected by the voters of each city at a regular election. A 2
candidate for mayor shall be a resident of the city for not less than one (1) year 3
prior to his or her election. His o r her term of office shall begin on the first day of 4
January following his or her election and shall be for four (4) years and until his or 5
her successor qualifies. If a person is elected or appointed as mayor in response to a 6
vacancy and serves less than four (4) calendar years, then that period of service 7
shall not be considered for purposes of re -election a term of office. A mayor shall 8
be at least twenty -one (21) years of age, shall be a qualified voter in the city, and 9
shall reside in the city throughout his or her term of office. 10
(2) If a vacancy occurs in the office of mayor, the following provisions shall apply: 11
(a) The legislative body of the city shall fill the vacancy within thirty (30) days; 12
(b) A member of the legislative body in any city organi zed and governed under 13
the commission plan as provided by KRS 83A.140 or city manager plan as 14
provided by KRS 83A.150 may vote for himself; 15
(c) A member of the legislative body in any city organized and governed under 16
the mayor-council plan as provided by KRS 83A.130 and in any city of the 17
first class organized under the mayor -alderman plan as provided by KRS 18
Chapter 83 shall not vote for himself; and 19
(d) The legislative body shall elect from among its members an individual to 20
preside over meetings of the l egislative body during any vacancy in the office 21
of mayor in accordance with the provisions of KRS 83A.130 to 83A.150. 22
(3) When voting to fill the vacancy created by a resignation of a mayor the resigning 23
mayor shall not vote on his or her successor. 24
(4) Each legislative body member shall be elected at large by the voters of each city at 25
a regular election. A candidate for a legislative body shall be a resident of the city 26
for not less than one (1) year prior to his or her election. His or her term of offic e 27
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shall begin on the first day of January following his or her election and shall be for 1
two (2) years, except as provided by KRS 83A.050. A member shall be at least 2
eighteen (18) years of age, shall be a qualified voter in the city, and shall reside in 3
the city throughout his or her term of office. 4
(5) (a) If one (1) or more vacancies on a legislative body occur in a way that one (1) 5
or more members remain seated, the remaining members shall within thirty 6
(30) days fill the vacancies one (1) at a time, giv ing each new appointee 7
reasonable notice of his or her selection as will enable him or her to meet and 8
act with the remaining members in making further appointments until all 9
vacancies are filled. 10
(b) If a majority of the membership on a legislative body i s vacated as a result 11
of a judgment by a Circuit Court or on appeal under subsection (4) of 12
Section 37 of this Act because of an election error due to no fault of any 13
candidate or fraud, a new special election shall be called and held as soon 14
as practicable for the bona fide candidates only. Members of the legislative 15
body whose term expires shall remain in office until the contest and any 16
appeals of the regular election are complete and final. 17
(c) If vacancies occur in a way that all seats become vacant, the Governor shall 18
appoint qualified persons to fill the vacancies sufficient to constitute a 19
quorum. Remaining vacancies shall be filled as provided in this section. 20
(6) If for any reason, any vaca ncy in the office of mayor or the legislative body is not 21
filled within thirty (30) days after it occurs, the Governor shall promptly fill the 22
vacancy by appointment of a qualified person who shall serve for the same period 23
as if otherwise appointed. 24
(7) No vacancy by reason of voluntary resignation in the office of mayor or on a 25
legislative body shall occur unless a written resignation which specifies a 26
resignation date is tendered to the legislative body. The resignation may be 27
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submitted through electroni c mail if it originates from the official's electronic mail 1
address and includes also the official's handwritten signature. The resignation shall 2
be effective at the next regular or special meeting of the city legislative body 3
occurring on or after the dat e specified in the written letter of resignation. If a 4
resignation date is not specified, the written resignation shall be deemed to become 5
effective at the first regular or special meeting of the legislative body occurring on 6
or after its receipt. 7
(8) Pursuant to KRS 118.305(7), if a vacancy occurs which is required by law to be 8
filled temporarily by appointment, the legislative body or the Governor, whichever 9
is designated to make the appointment, shall immediately notify in writing both the 10
county clerk and the Secretary of State of the vacancy. 11
(9) Except in cities of the first class, any elected officer, in case of misconduct, 12
incapacity, or willful neglect in the performance of the duties of his or her office, 13
may be removed from office by a unanimo us vote of the members of the legislative 14
body exclusive of any member to be removed, who shall not vote in the deliberation 15
of his or her removal. No elected officer shall be removed without having been 16
given the right to a full public hearing. The office r, if removed, shall have the right 17
to appeal to the Circuit Court of the county and the appeal shall be on the record. 18
No officer so removed shall be eligible to fill the office vacated before the 19
expiration of the term to which originally elected. 20
(10) Removal of an elected officer in cities of the first class shall be governed by the 21
provisions of KRS 83.660. 22
SECTION 30. A NEW SECTION OF KRS CHAPTER 116 IS CREATED TO 23
READ AS FOLLOWS: 24
(1) The State Board of Elections is authorized to enter into agreements with agencies 25
of the federal government to identify individuals who are deceased or who are not 26
citizens of the United States but are registered to vote in this state. 27
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(2) (a) Any agreement entered into in order to iden tify individuals who are not 1
citizens of the United States but are registered to vote in this state shall have 2
its terms agreed to in a written memorandum of understanding or similar 3
document signed by individuals authorized to do so from the federal agenc y 4
and the State Board of Elections. 5
(b) The document agreed to shall contain, at a minimum, provisions 6
guaranteeing the following: 7
1. The federal agency shall be provided with a copy of the roster of all 8
qualified registered voters within the state maintai ned by the State 9
Board of Elections pursuant to KRS 117.025; 10
2. The copy of the roster that is provided to the federal agency shall 11
include only the name, date of birth, and last four (4) digits of the 12
Social Security number, if available, of registered vo ters within the 13
state; 14
3. The copy of the roster that is provided to the federal agency shall not 15
include any other information, including but not limited to the 16
residential or mailing address, driver's license number, voting history, 17
or political party affiliation of registered voters within the state; and 18
4. The federal agency shall be prohibited from acquiring a copy of the 19
roster under KRS 117.025(3)(i). 20
(3) For all individuals who are identified as being a noncitizen through an 21
agreement authorized by this section, the State Board of Elections shall: 22
(a) Mark the individual's registration in the roster of all qualified registered 23
voters maintained pursuant to KRS 117.025(3)(a) in such a way that 24
indicates on the voter registration system and any e -poll book that the 25
individual has been identified as a noncitizen; and 26
(b) Mail the individual a notice stating that he or she has been identified by the 27
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federal government as being a noncitizen who is registered to vote in the 1
Commonwealth, and informing the i ndividual of the steps he or she must 2
take before he or she may cast a ballot again. 3
(4) An individual identified as a noncitizen on the roster of qualified voters shall not 4
cast a ballot until his or her United States citizenship is verified. To verify hi s or 5
her United States citizenship, he or she shall present one (1) or more of the 6
following at the office of his or her county clerk: 7
(a) A United States birth certificate that meets all the following requirements: 8
1. Is issued by the city, county, or state of birth; 9
2. Lists the applicant's full name, date of birth, and place of birth; 10
3. Lists the applicant's parent or parents and their full names; 11
4. Has the signature of the city, county, or state registrar; 12
5. Has the date it was filed with the registrar's office; and 13
6. Has the seal or stamp of the city, county, or state in which it was 14
issued; 15
(b) An undamaged United States passport that is or was valid for ten (10) years 16
for adults or five (5) years for children under sixteen (16) and does not 17
contain a United States National endorsement; 18
(c) A Consular Report of Birth Abroad or Certification of Birth; 19
(d) A Certificate of Naturalization; or 20
(e) A Certificate of Citizenship. 21
(5) If an individual identified as a noncitizen on the roster of qualified voters 22
presents documentation verifying his or her United States citizenship at his or her 23
county clerk's office, the county clerk shall make a copy of the documentation 24
presented and r ecord the copy in the voter registration system. The county clerk 25
shall then immediately notify the State Board of Elections of the presented 26
documentation and the board shall remove the mark from the voter's registration 27
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that indicates he or she was ident ified as a noncitizen on the roster of qualified 1
voters. 2
(6) If an individual identified as a noncitizen on the roster of qualified voters appears 3
at a voting location to vote, the election officer shall allow the voter to cast a 4
provisional ballot only after the voter has attested under penalty of perjury that he 5
or she is a United States citizen on a form provided by the State Board of 6
Elections. 7
(7) An individual identified as a noncitizen on the roster of qualified voters shall be 8
purged from the roster of qualified voters if the individual does not verify his or 9
her United States citizenship before the day after the date of the second general 10
election for federal office that occurs after the individual was identified as a 11
noncitizen on the roster of qualified voters. 12
(8) The voter registration of all individuals who are identified as being a noncitizen 13
through an agreement authorized by this section shall be forwarded by the State 14
Board of Elections to the Unit of Election Investigations and Security wit hin the 15
Office of the Attorney General. If the citizenship of an individual identified as a 16
noncitizen is later verified by the applicable federal agency or through the 17
procedures in this section, the State Board of Elections shall notify the Unit of 18
Election Investigations and Security within the Office of the Attorney General of 19
that fact. 20
Section 31. KRS 116.113 is amended to read as follows: 21
(1) (a) Upon receipt of notification from the Cabinet for Health and Family S ervices 22
or other reliable sources of the death of a person, the State Board of Elections 23
shall within five (5) days cause the removal of the name of that person from 24
the voter registration records it maintains, except that no voter's name may be 25
removed during the period of time the registration books are closed for any 26
primary, general, or special election. 27
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(b) To ensure that the State Board of Elections accurately removes names from 1
the voter registration records it maintains, the Cabinet for Health and F amily 2
Services shall provide a copy of the lifetime Kentucky death records to the 3
State Board of Elections on or before July 1 of each year. 4
(2) Upon receipt of notification from the circuit clerk that a person has been declared 5
incompetent, the State Boar d of Elections shall within five (5) days cause the 6
removal of the name of that person from the voter registration records it maintains, 7
except that no voter's name may be removed during the period of time the 8
registration books are closed for any primary, general, or special election. 9
(3) Upon receipt of notification from the Administrative Office of the Courts that a 10
person has been excused from jury duty for not being a citizen of the United States, 11
the State Board of Elections shall within five (5) days cause the removal of the 12
name of that person from the voter registration records it maintains, except that no 13
voter's name may be removed during the period of time the registration books are 14
closed for any primary, general, or special election. 15
(4) Upon r eceipt of notification from the Administrative Office of the Courts or the 16
United States Department of Justice that a person has been convicted of a felony 17
offense, including persons convicted of a felony offense whose case is currently 18
on appeal, the State Board of Elections shall within five (5) days cause the removal 19
of the name of that person from the voter registration records it maintains, except 20
that no voter's name may be removed during the period of time the registration 21
books are closed for any primary, general, or special election. 22
(5) Upon receipt of notification from a local or state jurisdiction that a voter has 23
registered to vote in the new local or state jurisdiction outside of the 24
Commonwealth, the State Board of Elections shall within five (5) days cause the 25
removal of the name of that person from the voter registration records that it 26
maintains, except that no voter's name may be removed during the period of time 27
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the registration books are closed for any primary, regular election, or specia l 1
election. 2
(6) (a) Following the purge of a name from the records of the State Board of 3
Elections:[,] 4
1. The state board shall notify the clerk of the county in which the voter 5
lived of the action; and 6
2. The county clerk shall within ten (10) days update the county voter 7
registration files to reflect the necessary change. 8
(b) 1. If a protest is filed by the voter, the county board shall hear it at its next 9
regular monthly meeting. 10
2. If the county board decides in favor of the protesting voter, the voter' s 11
registration record shall be restored, including his or her voting record. 12
3. If the protest is filed while the registration books are closed and the 13
county board decides in favor of the protesting voter, the county board 14
shall issue the voter an "Author ization to Vote" for the upcoming 15
election and the voter's record shall be restored when the registration 16
books open following the election. 17
Section 32. KRS 117.155 is amended to read as follows: 18
The county clerk shall p lace all ballots required to be placed upon voting equipment in 19
such a manner as will most nearly conform to the plan of arrangement prescribed by the 20
Secretary of State under KRS 118.215. The county clerk shall then see that the counters 21
referred to in KR S 117.125 (1)(q)[(17)] and (r)[(18)] are set at zero, and shall lock the 22
operating device and mechanism and the devices protecting the counters and ballots, 23
which shall then be covered with a tamper -resistant seal. The county clerk shall then 24
enter in an ap propriate book, opposite the number of each precinct the distinguishing 25
number of the voting equipment or the unique designation to be used in that precinct. 26
Section 33. KRS 117.205 is amended to read as follows: 27
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Before the polls are open, and before permitting any person to vote on the day of the 1
election, the election officers shall examine the voting equipment to ascertain whether it 2
has been operated since the counters referred to in KRS 117.125 (1)(q)[(17)] and 3
(1)(r)[(18)] were set at zero, and to ascertain whether the ballots are arranged as 4
previously specified. If the voting equipment indicates that it has been operated or if the 5
ballots are not properly arranged, the officers shall not unlock the operating device or 6
mechanism, but shall immediately secure the attendance of the county clerk and one (1) 7
member of the county board of elections other than the county clerk, who shall reset the 8
counters at zero and relock the device covering the counters, or properly arr ange the 9
ballots, as the case may be, in the presence of the election officers. If the attendance of 10
members of the board of elections cannot be obtained before the opening of the polls or 11
within one (1) hour thereafter, the election officers shall notify the county clerk of the 12
foregoing facts and obtain from the county clerk reserve voting equipment, and proceed 13
to conduct the election. Any reserve voting equipment shall have been certified for use at 14
the election by the county board of elections and prep ared for use at the election by the 15
election officers in the precinct in the same manner as the original voting equipment was 16
prepared for the election. The voting equipment found to have been so operated shall be 17
returned immediately to the custody of the county clerk, whose duty it shall be to 18
promptly repair same so that it may be used as reserve voting equipment in the election if 19
needed. 20
Section 34. KRS 117.383 is amended to read as follows: 21
The State Board of Electi ons shall promulgate administrative regulations in accordance 22
with[under] KRS Chapter 13A which shall maintain the maximum degree of correctness, 23
impartiality, and efficiency of the procedures of voting and shall provide methods to: 24
(1) Count, tabulate, and record votes; 25
(2) Place items on any ballot which shall, as closely as possible, follow the 26
requirements pertaining to ballots; 27
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(3) Design the ballots to include a system to ensure an accurate record of all voting 1
activities; 2
(4) Instruct voters in the use of the voting system, including any ballot marking device; 3
(5) Provide for checking the accuracy of the voting system; 4
(6) Provide necessary supplies, including those necessary for a write -in vote, to ensure 5
voter privacy; 6
(7) Provide for the conducting and review of an au dit of any component of a voting 7
system or any voting equipment, and a review of any audit log; 8
(8) Provide for the conducting and review of an election audit which shall establish the 9
protocol by which ballots are checked, compared, and verified with the results 10
produced by vote tallying equipment to ensure accuracy through a hand -to-eye 11
audit defined and conducted as follows: 12
(a) To validate the accuracy and fidelity of the vote tabulation, the Secretary of 13
State or his or her designee shall randomly sele ct, in all counties of the 14
Commonwealth, one (1) ballot scanner and one (1) race tabulated on that 15
scanner, which shall have more than ten (10) votes cast, for a hand -to-eye 16
audit to be performed by each county board of elections or its designee . 17
Counties shall send a list for selection to the Secretary of State's Office that 18
only includes ballot scanners which recorded more than ten (10) votes cast; 19
(b) The sealed ballot boxes and signed tabulator tally tape or record from election 20
day, as established in K RS 117.275, shall be provided by the county board of 21
elections at an agreed upon location, and shall be accessible for public 22
viewing. The sealed ballots are only to be unsealed in the presence of the 23
county board of elections or its designee and public witnesses; 24
(c) A minimum of two (2) qualified poll workers, not of the same political party, 25
shall be selected from lists of available volunteers, sworn in by the county 26
board of elections or its designee to do the hand -to-eye audit, and 27
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compensated at the l ocal poll worker rate. A video recording device shall be 1
used for recording the event and it may be streamed for public internet 2
viewing. A request under the Kentucky Open Records Act, KRS 61.870 to 3
61.884, for this video after an election shall be made du ring the sixty (60) 4
consecutive days following the election, and the video may be disposed of 5
after those sixty (60) days, or upon compliance with the Kentucky Open 6
Records Act or the closure of an investigation or any litigation, including 7
appeals, in a District, Circuit, or federal court, whichever is later; 8
(d) Ballots are to be aligned for stacking as needed, then viewed one (1) at a time, 9
with each volunteer making a tally mark on a tally sheet for each vote cast for 10
each candidate. Any ballots that ar e disputed or unclearly marked shall be set 11
aside and the county board of elections or its designee shall determine voter 12
intent; 13
(e) Once the hand-to-eye audit is completed, each volunteer shall add up the tally 14
marks for each candidate, write down a tota l number of votes for each 15
candidate, and sign the tally sheet. The county board of elections or its 16
designee shall verify if the two (2) separate hand -to-eye tallies match. If the 17
two (2) hand -to-eye tallies do not match each other, the process must be 18
repeated until the totals are matching. Once this occurs, the county board of 19
elections or its designee shall also verify the tallies by signing each tally sheet. 20
Then, the ballots must be returned to the ballot box and resealed in the 21
presence of the county board of elections or its designee and public witnesses; 22
(f) The county board of elections or its designee shall compare the signed register 23
tape total from the vote tabulation machine on election day to the hand -to-eye 24
tallies. If there is a discrepancy between the machine count and the hand -to-25
eye audit, other than instances of voter intent markings outside the designated 26
marking area on the paper ballot that were unreadable by the scanner, or 27
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unscanned overvotes resulting from two (2) or more voter inte nt marks on the 1
same race, the county board of elections or its designee shall open an election 2
investigation including a review of election day irregularity reports. If more 3
discrepancies are found, the county board of elections or its designee shall 4
broaden the investigation until the reason for the discrepancy is discovered 5
and subsequently resolved. A determination as to whether the outcome of the 6
race could have been impacted by the discrepancies shall be made and any 7
findings shall be reported to the Attorney General and Secretary of State; and 8
(g) The county board of elections or its designee shall examine the electronic or 9
paper sign -in records from the precinct or vote center and validate that the 10
ballots cast and recounted were less than or equal t o the sign -in records for 11
that precinct or vote center. If the cast ballots for the precinct or vote center 12
exceed the number of voters on the sign -in records for the precinct or vote 13
center, the county board of elections shall open an election investigati on and 14
report the findings to the Attorney General and Secretary of State; 15
(9) Provide a method for maintaining sufficient documents, including ballots and 16
records, so that votes can be recounted; 17
(10) Ensure the county board of elections produces accurate precinct-by-precinct 18
summaries of tabulation sheets showing the results of each precinct during in -19
person absentee voting, election day voting, and when a county is approved to use a 20
vote center; 21
(11) Except as otherwise required in this chapter, all reco rds and papers relating to 22
specified elections be retained for twenty -two (22) months, such documents and 23
records shall be maintained for thirty (30) days following an election; and 24
(12) Unless contrary to the Help America Vote Act of 2002, ensure that all federal 25
provisional voting shall be conducted in a manner as prescribed by KRS Chapters 26
116 to 120. 27
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Section 35. KRS 118.176 is amended to read as follows: 1
(1) A "bona fide" candidate means one who is seeking nomination in a primary or 2
election in a special or regular election according to law. 3
(2) The bona fides of any candidate seeking nomination as the nominee of a political 4
party or a nonpartisan or judicial nominee in a primary or election to an office as a 5
member of a political organization, political group, or as an independent in a special 6
or regular election may be questioned by any qualified voter entitled to vote for the 7
candidate or by an opposing candidate by summary proceedings consisting of a 8
motion before the Circuit Court of the judicial circuit in which the candidate whose 9
bona fides is questioned resides. An action regarding the bona fides of the nominee 10
of a political party or a nonpartisan or judicial nominee may be commenced at any 11
time prior to the pr imary. An action regarding the bona fides for election to an 12
office as a member of a political organization, political group, or as an independent 13
may be commenced at any time prior to a special or regular election. The motion 14
shall be tried summarily and without delay. Proof may be heard orally, and upon 15
motion of either party shall be officially reported. If the Circuit Judge of the circuit 16
in which the proceeding is filed is disqualified or absent from the county or is 17
herself or himself a candidate, the proceeding may be presented to, heard and 18
determined by the Circuit Judge of any adjoining judicial circuit. 19
(3) In any action or proceeding under this section the burden of proof as to the bona 20
fides of a candidate shall be on the person challenging the bona fides of a candidate. 21
(4) If the court finds the candidate is not a bona fide candidate: 22
(a) It shall so order, and certify the fact to the board of elections, and the 23
candidate's name shall be stricken from the written designation of election 24
officers filed with the board of elections or the court may refuse recognition 25
or relief in a mandatory or injunctive way;[.] 26
(b) The order of the Circuit Court shall be entered on the order book of the court 27
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and shall be subject to a motion to set aside in the C ourt of Appeals. The 1
motion shall be heard by the Court of Appeals or a judge thereof in the 2
manner provided for dissolving or granting injunctions, except that the motion 3
shall be made before the court or judge within five (5) days after the entry of 4
the order in the Circuit Court, and may be heard and tried upon the original 5
papers, and the order of the Court of Appeals or judge thereof shall be final ; 6
and 7
(c) The person bringing the action shall be entitled to and awarded his or her 8
reasonable attorney's fees, expert witness fees, and other court costs for trial 9
and appeal, and those fees and costs shall be taxed against the candidate or 10
his or her campaign committee after the timely filing of a bill of costs with 11
the Circuit Court. 12
(5) No person shall approach the Circuit Judge for the purpose or view of influencing 13
his or her decision on the motion pending before the Circuit Judge or to be tried by 14
him or her. 15
SECTION 36. A NEW SECTION OF KRS CHAPTER 118A IS CREATED 16
TO READ AS FOLLOWS: 17
(1) A candidate for judicial office may publicly disclose his or her political party 18
affiliation, including but not limited to: 19
(a) Identifying himself or herself as a member of a political party; 20
(b) Stating current vot er registration status or past or current party affiliation; 21
and 22
(c) Communicating political values or viewpoints consistent with his or her 23
party affiliation. 24
(2) A candidate for judicial office shall not: 25
(a) Claim to be the official nominee of a political party for judicial office; 26
(b) Use language or materials that imply nomination, designation, or 27
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endorsement by a political party; or 1
(c) Use party symbols, slogans, or imagery in a manner that would mislead a 2
reasonable person to believe the candidate i s running in a partisan election 3
or was selected by a political party to represent it. 4
(3) This section shall not be construed to authorize partisan elections for judicial 5
office or to permit political party nomination, designation, or ballot labeling of 6
candidates for judicial office. 7
Section 37. KRS 120.165 is amended to read as follows: 8
(1) A contest instituted under KRS 120.155 shall proceed as equity actions. Upon 9
return of the summons properly executed to the office of the circuit clerk, he or she 10
shall immediately docket the case and notify the presiding judge of the court that 11
the contest has been filed. The judge shall proceed to a trial of the cause without 12
delay. In courts having more than one (1) judge, the jud ge who shall try the case 13
shall be determined by lot. The court shall complete the case as soon as practicable. 14
The action shall have precedence over all other cases. 15
(2) The evidence in chief for the contestant shall be completed within thirty (30) days 16
after service of summons; the evidence for the contestee shall be completed within 17
twenty-five (25) days after filing of answer, and evidence for contestant in rebuttal 18
shall be completed within seven (7) days after the contestee has concluded; 19
provided that for cause the court may grant a reasonable extension of time to either 20
party. 21
(3) All voting machines, voting equipment, or voting systems, ballots, stub books, and 22
other papers concerning which there is any ground for contest may be removed to 23
the court in which the action is pending. 24
(4) If it appears from an inspection of the whole record that there has been such fraud, 25
intimidation, bribery, or violence in the conduct of the election that neither 26
contestant nor contestee can be judged to have been fai rly elected, the Circuit 27
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Court, or an appellate court [,] on appeal, may adjudge that there has been no 1
election. In that event the office shall be deemed vacant, with the same legal effect 2
as if the person elected had refused to qualify. In the event a majority of the offices 3
of a legislative body are deemed vacant under subsection (5)(b) of Section 29 of 4
this Act, the county clerk and local board of elections shall call a special election 5
of the bona fide candidates who previously qualified as soon as prac ticable, 6
within at least forty -five (45) days of the declaration of vacancies becoming final 7
orders. If one (1) of the parties is adjudged by the court to be elected to the office, 8
he or she shall, on production of a copy of the final judgment, be permitte d to 9
qualify or be commissioned. 10
(5) If an election contest brought under this section is successful, as determined by 11
the Circuit Court or an appellate court on appeal, the contestant shall be entitled 12
to recover reasonable attorney's fees, expert witness fees, and other court costs. 13
The fees and costs shall be taxed by the court against the local board of elections 14
or against any party adjudicated to have engaged in fraud, intimidation, bribery, 15
or violence that prevented either the contestant or conteste e from being fairly 16
elected. 17
Section 38. KRS 121.015 is amended to read as follows: 18
As used in this chapter: 19
(1) "Registry" means the Kentucky Registry of Election Finance; 20
(2) "Election" means any primary, regular, or s pecial election to fill vacancies 21
regardless of whether a candidate or slate of candidates is opposed or unopposed in 22
an election. Each primary, regular, or special election shall be considered a separate 23
election; 24
(3) "Committee" includes the following: 25
(a) "Campaign committee," which means one (1) or more persons who receive 26
contributions and make expenditures to support or oppose one (1) or more 27
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specific candidates or slates of candidates for nomination or election to any 1
state, county, city, or district office, that is authorized by the candidate or slate 2
of candidates to receive contributions, make expenditures, and generally 3
conduct a campaign for the candidate or slate of candidates, but does not 4
include an entity established solely by a candidate which is managed solely by 5
a candidate and a campaign treasurer and whose name is generic in nature, 6
such as "Friends of (the candidate)," and does not reflect that other persons 7
have structured themselves as a committee, designated officers of the 8
committee, and assigned responsibilities and duties to each officer with the 9
purpose of managing a campaign to support or oppose a candidate in an 10
election; 11
(b) "Independent expenditure -only committee," which means one (1) or more 12
persons who receive unlimited contr ibutions for the purpose of making only 13
independent expenditures to support or oppose one (1) or more specific 14
candidates or slates of candidates for nomination or election to any state, 15
county, city, or district office; 16
(c) "Caucus campaign committee," wh ich means members of one (1) of the 17
following caucus groups who receive contributions and make expenditures to 18
support or oppose one (1) or more specific candidates or slates of candidates 19
for nomination or election, or a committee: 20
1. House Democratic caucus campaign committee; 21
2. House Republican caucus campaign committee; 22
3. Senate Democratic caucus campaign committee; 23
4. Senate Republican caucus campaign committee; or 24
5. Subdivisions of the state executive committee of a minor political party, 25
which serve the same function as the above -named committees, as 26
determined by regulations promulgated by the registry; 27
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(d) "Political issues committee," which means three (3) or more persons joining 1
together to advocate or oppose a ballot measure if that committee receives or 2
expends money in excess of one thousand dollars ($1,000); 3
(e) "Permanent committee," which means a group of individuals, including an 4
association, committee, or organization, other than a campaign committee, 5
independent expenditure -only committee, federally registered political 6
committee, political issues committee, inaugural committee, caucus campaign 7
committee, or party executive committee, which is established as, or intended 8
to be, a permanent organization having as a primary purpose expressly 9
advocating the election or defeat of one (1) or more clearly identified 10
candidates, slates of candidates, or political parties, which functions on a 11
regular basis throughout the year; 12
(f) [An ] "Executive committee of a political party ," which means a political 13
committee that is a subdivision of a national political party committee and 14
operates within the structure and under the supervision of the state 15
executive committee of that same political party. Political parties may 16
support candidates for public office, raise and spend money for their 17
internal operations, and are governed by a committee that is elected by the 18
voters in that subdivision in a manner not inconsistent wi th the rules of that 19
same political party; and 20
(g) "Inaugural committee," which means one (1) or more persons who receive 21
contributions and make expenditures in support of inauguration activities for 22
any candidate or slate of candidates elected to any stat e, county, city, or 23
district office; 24
(4) "Contributing organization" means a group which merely contributes to candidates, 25
slates of candidates, campaign committees, caucus campaign committees, or 26
executive committees from time to time from funds derived s olely from within the 27
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group, and which does not solicit or receive funds from sources outside the group 1
itself. Any contributions made by the groups in excess of two hundred dollars 2
($200)[one hundred dollars ($100)] shall be reported to the registry; 3
(5) "Testimonial affair" means an affair held in honor of a person who holds or who is 4
or was a candidate for nomination or election to a political office in this state 5
designed to raise funds for any purpose not charitable, religious, or educational; 6
(6) "Contribution" means any: 7
(a) Payment, distribution, loan, deposit, or gift of money or other thing of value, 8
to a candidate, his or her agent, a slate of candidates, its authorized agent, a 9
committee, or contributing organization. As used in this subsection, "loan" 10
shall include a guarantee, endorsement, or other form of security where the 11
risk of nonpayment rests with the surety, guarantor, or endorser, as well as 12
with a committee, contributing organization, candidate, slate of candidates, or 13
other primary ob ligor. No person shall become liable as surety, endorser, or 14
guarantor for any sum in any one (1) election which, when combined with all 15
other contributions the individual makes to a candidate, his or her agent, a 16
slate of candidates, its agent, a committe e, or a contributing organization, 17
exceeds the contribution limits provided in KRS 121.150; 18
(b) Payment by any person other than the candidate, his or her authorized 19
treasurer, a slate of candidates, its authorized treasurer, a committee, or a 20
contributing organization, of compensation for the personal services of 21
another person which are rendered to a candidate, slate of candidates, 22
committee, or contributing organization, or for inauguration activities; 23
(c) Goods, advertising, or services with a value of more than two hundred dollars 24
($200)[one hundred dollars ($100)] in the aggregate in any one (1) election 25
which are furnished to a candidate, slate of candidates, committee, or 26
contributing organization or for inauguration activities without charge, or at a 27
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rate which is less than the rate normally charged for the goods or services; or 1
(d) Payment by any person other than a candidate, his or her authorized treasurer, 2
a slate of candidates, its authorized treasurer, a committee, or contributing 3
organization for any goods or services with a value of more than two hundred 4
dollars ($200) [one hundred dollars ($100)] in the aggregate in any one (1) 5
election which are utilized by a candidate, slate of candidates, committee, or 6
contributing organization, or for inauguration activities; 7
(7) Notwithstanding the foregoing meanings of "contribution," the word shall not be 8
construed to include: 9
(a) Services provided without compensation by individuals volunteering a portion 10
or all of their time on behalf of a candidate, a slate of candidates, committee, 11
or contributing organization; 12
(b) A loan of money by any financial institution doing business in Kentucky 13
made in accordance with applicable banking laws and regulations and in the 14
ordinary course of business;[ or] 15
(c) An independent expenditure by any individual or permanent committee; or 16
(d) Any processing fee, transaction fee, or service charge deducted by a third -17
party payment processor, credit card issuer, or electronic payment service, 18
provided that the fee is a standa rd commercial charge for the service 19
rendered; 20
(8) "Candidate" means any person who has received contributions or made 21
expenditures, has appointed a campaign treasurer, or has given his or her consent 22
for any other person to receive contributions or make expenditures with a view to 23
bringing about his or he r nomination or election to a nonfederal public office, 24
except as provided in KRS 121.180(10)(b); 25
(9) "Slate of candidates" means: 26
(a) Between the time a certificate or petition of nomination has been filed for a 27
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candidate for the office of Governor under KRS 118.365 and the time the 1
candidate designates a running mate for the office of Lieutenant Governor 2
under KRS 118.126, a slate of candidates consists of the candidate for the 3
office of Governor; and 4
(b) After that candidate has designated a running mate under KRS 118.126, that 5
same slate of candidates consists of that same candidate for the office of 6
Governor and the candidate's running mate for the office of Lieutenant 7
Governor. Unless the context requires otherwise, any provision of law that 8
applies to a candidate shall also apply to a slate of candidates; 9
(10) "Knowingly" means, with respect to conduct or to a circumstance described by a 10
statute defining an offense, that a person is aware or should have been aware that 11
his or her conduct is of that nature or that the circumstance exists; 12
(11) "Fundraiser" means an individual who directly solicits and secures contributions on 13
behalf of a candidate or slate of candidates for a statewide -elected state office or an 14
office in a jurisdiction with a population in excess of two hundred thousand 15
(200,000) residents; 16
(12) "Independent expenditure" means: 17
(a) The expenditure of money or other things of value for a communication which 18
expressly advocates the election or defeat of a clearly identified candidate or 19
slate of candidates, and which: 20
1. Is made without any coordination, consultation, or cooperation wi th any 21
candidate, slate of candidates, campaign committee, or any authorized 22
person acting on behalf of any of them; and 23
2. Is not made in concert with, or at the request or suggestion of any 24
candidate, slate of candidates, campaign committee, or any autho rized 25
person acting on behalf of any of them; or 26
(b) The expenditure of money or other things of value for a communication which 27
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expressly advocates or opposes a ballot measure, and which: 1
1. Is made without any coordination, consultation, or cooperation w ith any 2
political issues committee, or any authorized person acting on behalf of 3
a political issues committee; and 4
2. Is not made in concert with, or at the request or suggestion of, any 5
political issues committee, or any authorized person acting on behalf of 6
a political issues committee; 7
(13) "Electronic reporting" means the use of technology, having electrical, digital, 8
magnetic, wireless, optical, electromagnetic, or similar capabilities, by which an 9
individual or other entity submits, compiles, or trans mits campaign finance reports 10
to the registry, or by which the registry receives, stores, analyzes, or discloses the 11
reports; 12
(14) "Security procedure" means a procedure employed for the purpose of verifying that 13
an electronic signature, record, or perform ance is that of a specific person or for 14
detecting changes or errors in the information in an electronic record. The term 15
includes a procedure that requires the use of algorithms or other codes, identifying 16
words or numbers, encryption, or callback or other acknowledgment procedures; 17
(15) "Electronic signature" means an electronic sound, symbol, or process attached to or 18
logically associated with a record and executed or adopted by a person with the 19
intent to sign the record; 20
(16) "Filer" means any candidate, a slate of candidates, committee, or other individual or 21
entity required to submit financial disclosure reports to the registry; 22
(17) "Filer-side software" means software provided to or used by the filer that enables 23
transmittal of financial reports to the registry; 24
(18) "Form" means an online web page or an electronic document designed to capture, 25
validate, and submit data for processing to the registry, unless the context otherwise 26
prescribes; 27
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(19) "Reasonable cause" means an event, happening, or circu mstance entirely beyond 1
the knowledge or control of the candidate, slate of candidates, or committee, which 2
has exercised due care and prudence in maintaining the records of the campaign or 3
committee pursuant to statute or administrative regulation; 4
(20) "Foreign national" means: 5
(a) An individual who is not a citizen or lawful permanent resident of the United 6
States; 7
(b) A government, political subdivision, or municipality of a foreign country; 8
(c) A foreign political party; 9
(d) Any entity, including but not limited to a partnership, association, corporation, 10
organization, or other combination of persons, that is organized under the 11
laws of or has its principal place of business in a foreign country; or 12
(e) Any entity in the United States, including but not limited to a partnership, 13
association, corporation, or organization that is wholly or majority owned by 14
any foreign national, unless: 15
1. Any contribution or expenditure the entity makes derives entirely from 16
funds generated by the entity's United States operations; and 17
2. All decisions concerning the contribution or expenditure, except for 18
setting overall budget amounts, are made by individuals who are United 19
States citizens or permanent residents; 20
(21) "Ballot measure" means a question, other than the nom ination or election of a 21
candidate for public office, which has been: 22
(a) Approved by a political subdivision or the General Assembly and is required 23
by law to be placed before the voters of the territory affected; or 24
(b) Initiated or referred by citizen p etition as authorized by KRS 242.020 and 25
placed before the voters of the territory affected; 26
(22) "Preliminary activity" includes but is not limited to: 27
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(a) Participating in focus groups; 1
(b) Making telephone calls; 2
(c) Traveling; 3
(d) Conducting polls; and 4
(e) Drafting ballot measure language; and 5
(23) "Tax-exempt organization" means an organization described in 26 U.S.C. sec. 6
501(c) and exempt from federal taxation under 26 U.S.C. sec. 501(a). This 7
subsection shall not be construed to treat a political organization under 26 U.S.C. 8
sec. 527 as a tax-exempt organization for purposes of this chapter. 9
Section 39. KRS 121.065 is amended to read as follows: 10
(1) No publisher of newspapers, magazines, handbills, or other printed matter, owner or 11
lessor of billboards, radio or television station or network, digital media platform, 12
or any other person, company, corporation, or organization offering its 13
communications services for hire to the public shall be perm itted to charge fees for 14
political advertising in excess of the lowest rate charged to other advertisers at the 15
time the political advertising is purchased. 16
(2) Political advertising means any communication intended to support or defeat a 17
candidate for public office. 18
(3) An action to enjoin violations of this section shall be in the Circuit Court of the 19
county where the complaining candidate resides. 20
Section 40. KRS 121.110 is amended to read as follows: 21
(1) There is here by created as an independent agency of state government a Kentucky 22
Registry of Election Finance. The registry shall be composed of seven (7) members 23
appointed as provided herein. The registry shall remain independent of any other 24
agency or department of st ate government. Members shall be at least twenty -five 25
(25) years of age, registered voters in Kentucky, not announced candidates for 26
public office, not officers of a political party's state central executive committee, 27
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shall not have been convicted of an e lection offense, and shall be persons of high 1
ethical standards who have an active interest in promoting fair elections. 2
Appointees shall be subject to Senate confirmation at the next regular session of the 3
General Assembly following appointment, or at the next special session if included 4
in the Governor's call. Appointees shall have full power to serve until any vote of 5
nonconfirmation. 6
(2) Members of the registry shall be selected as follows: 7
(a) One (1) member shall be appointed by the Governor from a li st of three (3) 8
nominees submitted by the state central committee of the political party 9
polling the largest vote at the last gubernatorial election;[.] 10
(b) One (1) member shall be appointed by the Governor from a list of three (3) 11
nominees submitted by th e state central committee of the political party 12
polling the second largest vote at the last gubernatorial election. The members 13
appointed pursuant to subsections (a) and (b) of this section shall take office 14
on August 15, 1990, for a term of one (1) year and their successors shall serve 15
a term of four (4) years beginning August 15, 1991, or until their successors 16
are appointed and qualified;[.] 17
(c) Two (2) other members shall be appointed by the Governor. Before making 18
these appointments, the Governor shal l solicit nominations from at least two 19
(2) organizations which have demonstrated a nonpartisan interest in fair 20
elections and informed voting. The Governor's solicitations and the replies 21
shall be public records. The Governor shall give due consideration to such 22
nominations. The two (2) members appointed pursuant to this subsection shall 23
be one (1) from each of the two (2) political parties which polled the greatest 24
number of votes at the last gubernatorial election. Members appointed 25
pursuant to this subsection shall take office on August 15, 1988, for a term of 26
four (4) years or until their successors are appointed and qualified and their 27
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successors shall serve a term of four (4) years;[.] 1
(d) One (1) member shall be appointed by the Auditor of Public Acc ounts after 2
soliciting nominations as provided by subsection (c) of this section. The 3
appointee shall be a member of one (1) of the two (2) political parties which 4
polled the greatest number of votes at the last gubernatorial election. The 5
member appointed pursuant to this subsection shall take office on August 15, 6
1997, for a term of four (4) years or until his successor is appointed and 7
qualified and his successors shall serve a term of four (4) years;[.] 8
(e) One (1) member shall be appointed by the Attor ney General after soliciting 9
nominations as provided by subsection (c) of this section. The appointee shall 10
not be a member of the same political party as the person appointed by the 11
Auditor of Public Accounts pursuant to subsection (d) of this section. Th e 12
member appointed pursuant to this subsection shall take office on August 15, 13
1990, for a term of four (4) years or until his successor is appointed and 14
qualified and his successors shall serve a term of four (4) years; and[.] 15
(f) One (1) member shall be appointed by the Secretary of State after soliciting 16
nominations as provided by subsection (c) of this section. The Secretary of 17
State's appointment shall be without regard to political affiliation. The 18
member appointed pursuant to this subsection shall ta ke office on August 15, 19
1990, for a term of three (3) years or until his successor is appointed and 20
qualified and his successors shall serve a term of four (4) years. 21
(3) The members of the registry shall select a chairman from among the appointed 22
membership, effective August 15, 1990. The chairman shall serve in that capacity 23
for one (1) year and shall be eligible for reelection. The chairman shall preside at all 24
meetings and shall have all the powers and privileges of the other members. 25
(4) In the event o f a vacancy in the office of any member, the vacancy shall be filled 26
within thirty (30) days of the occurrence, in the same manner as the vacating 27
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member's office was filled pursuant to subsection (2) of this section. 1
(5) The registry shall fix the place a nd time of its regular meetings by order duly 2
recorded in its minutes. No action shall be taken without a quorum present. Special 3
meetings shall be called by the chairman on his own initiative or on the written 4
request of three (3) members. Members shall r eceive seven (7) days' written notice 5
of a special meeting and the notice shall specify the purpose, time and place of the 6
meeting, and no other matters may be considered, without a specific waiver by all 7
the members. 8
(6) The members of the registry [ shall receive sixty-five dollars ($65) per diem, and] 9
shall be reimbursed for necessary travel and expenses in the same manner as state 10
employees[all reasonable and necessary expenses]. 11
Section 41. KRS 121.120 is amended to read as follows: 12
(1) The registry may: 13
(a) Require by special or general orders, any person to submit, under oath, any 14
written reports and answers to questions as the registry may prescribe; 15
(b) Administer oaths or affirmations; 16
(c) Require by subpoena, sig ned by the chair, the attendance and testimony of 17
witnesses and the production of all documentary evidence, excluding 18
individual and business income tax records, relating to the execution of its 19
duties; 20
(d) In any proceeding or investigation, to order test imony to be taken by 21
deposition before any person who is designated by the registry and has the 22
power to administer oaths and, in those instances, to compel testimony and the 23
production of evidence in the same manner as authorized under paragraph (c) 24
of this subsection; 25
(e) Initiate, through civil actions for injunctive, declaratory, or other appropriate 26
relief, defend, or appeal any civil action in the name of the registry to enforce 27
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the provisions of this chapter through its legal counsel; 1
(f) Render advisory opinions under KRS 121.135; 2
(g) Promulgate administrative regulations necessary to carry out the provisions of 3
this chapter; 4
(h) Conduct investigations and hearings expeditiously, to encourage voluntary 5
compliance, and report apparent campa ign finance law violations to the 6
appropriate law enforcement authorities; 7
(i) Petition any court of competent jurisdiction to issue an order requiring 8
compliance with an order or subpoena issued by the registry. Any failure to 9
obey the order of the court may be punished by the court as contempt; and 10
(j) Conduct random audits of receipts and expenditures of committees which 11
have filed registration papers with the registry pursuant to KRS 121.170. 12
(2) No person shall be subject to civil liability to any pers on other than the registry or 13
the Commonwealth for disclosing information at the request of the registry. 14
(3) The registry may appoint a full -time executive director, legal counsel, and an 15
accountant for auditing purposes, all of whom shall serve at the pl easure of the 16
registry. The registry may also appoint such other employees as are necessary to 17
carry out the purposes of this chapter. All requests for personnel appointments shall 18
be forwarded by the registry directly to the secretary of the Personnel Cab inet and 19
shall be subject to the secretary's review and certification only. 20
(4) The registry shall adopt official forms and perform other duties necessary to 21
implement the provisions of this chapter. The registry shall not require the listing of 22
a person's Social Security number on any form developed by the registry. Without 23
limiting the generality of the foregoing, the registry shall: 24
(a) Develop prescribed forms for the making of the required reports; 25
(b) Prepare and publish a manual for all candidates, s lates of candidates, 26
contributing organizations, and committees, describing the requirements of 27
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the law, including uniform methods of bookkeeping and reporting, 1
requirements as to reporting dates, and the length of time that candidates, 2
slates of candidate s, contributing organizations, and committees are required 3
to keep any records pursuant to the provisions of this chapter; 4
(c) Develop a filing, coding, and cross-indexing system; 5
(d) Make each report filed available for public inspection and copying durin g 6
regular office hours at the expense of any person requesting copies of them; 7
(e) Preserve all reports for at least six (6) years from the date of receipt. Duly 8
certified reports shall be admissible as evidence in any court in the 9
Commonwealth; 10
(f) Prepare and make available for public inspection a summary of all reports 11
grouped according to candidates, slates of candidates, committees, 12
contributing organizations, and parties containing the total receipts and 13
expenditures; and 14
1. For each contribution made by a permanent committee of any amount to 15
a candidate or slate of candidates, the date, name, and business address 16
of the permanent committee, the amount contributed, and a description 17
of the major business, social, or political interest represented by th e 18
permanent committee; and 19
2. For each contribution in excess of two hundred dollars ($200) [one 20
hundred dollars ($100)] made to any candidate or campaign committee, 21
the date, name, address, occupation, and employer of each other 22
contributor or, if the contributor is self-employed, the name under which 23
the contributor is doing business, and the amount contributed by each 24
contributor, listed alphabetically; 25
(g) Prepare and publish an annual report with cumulative compilations named in 26
paragraph (f) of this subsection; 27
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(h) Distribute upon request, for a nominal fee, copies of all summaries and 1
reports; 2
(i) Determine whether the required reports have been filed and if so, whether 3
they conform with the requirements of this chapter; give notice to delinquents 4
to correct or explain defections; issue an order, if appropriate, as provided in 5
KRS 121.140; and make public the fact that a violation has occurred and the 6
nature thereof; 7
(j) Conduct random audits of receipts and expenditures of candidates running for 8
city, county, urban -county government, charter county government, 9
consolidated local government, unified local government, and district offices. 10
When the registry audits the records of any selected candidate, it shall also 11
audit the records of all other candidat es running for the same office in the 12
selected city, county, urban -county government, charter county government, 13
consolidated local government, unified local government, or district office; 14
(k) Conduct audits of receipts and expenditures of all candidates or slates of 15
candidates running for statewide office; 16
(l) Require that candidates and slates of candidates shall maintain their records 17
for a period of six (6) years from the date of the regular election in their 18
respective political races; 19
(m) Initiate in vestigations and make investigations with respect to reports upon 20
complaint by any person and initiate proceedings on its own motion; and 21
(n) Forward to the Attorney General or the appropriate Commonwealth's or 22
county attorney any violations of this chapte r which may become the subject 23
of civil or criminal prosecution. 24
(5) All policy and enforcement decisions concerning the regulation of campaign 25
finance shall be the ultimate responsibility of the registry. No appointed or elected 26
state officeholder or any other person shall, directly or indirectly, attempt to secure 27
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or create privileges, exemptions, or advantages for himself, herself, or others in 1
derogation of the public interest at large in a manner that seeks to leave any registry 2
member or employee char ged with the enforcement of the campaign finance laws 3
no alternative but to comply with the wishes of the officeholder or person. Registry 4
members and employees shall be free of obligation or the appearance of obligation 5
to any interest other than the fair and efficient enforcement of the campaign finance 6
laws and administrative regulations. It shall not be considered a violation of this 7
subsection for an officeholder or other person to seek remedies in a court of law to 8
any policy or enforcement decision h e or she considers to be an abridgement of his 9
or her legal rights. 10
(6) If adequate and appropriate agency funds are available, the registry shall: 11
(a) Develop or acquire a system for electronic reporting for use by individuals 12
and entities required to fil e campaign finance reports with the registry under 13
this chapter. The registry shall promulgate administrative regulations in 14
accordance with [under] KRS Chapter 13A which provide for a 15
nonproprietary standardized format or formats, using industry standards, for 16
the transmission of data required under this chapter; 17
(b) Accept test files from software vendors and persons wis hing to file reports 18
electronically for the purpose of determining whether the file format complies 19
with the nonproprietary standardized format developed under paragraph (a) of 20
this subsection and is compatible with the registry's system for receiving the 21
data; 22
(c) Make all reports filed with the registry pertaining to candidates for the 23
General Assembly and statewide office available on the internet free of 24
charge, in an easily understood format that allows the public to browse, 25
search, and download the da ta contained in the reports by each of the 26
reporting categories required by this chapter, including but not limited to: 27
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1. The name of each candidate or committee; 1
2. The office sought by each candidate; 2
3. The name of each contributor; 3
4. The address of each contributor; 4
5. The employer or business occupation of each contributor, or if the 5
contributor is a permanent committee, a description of the major 6
business, social, or political interest represented by the permanent 7
committee; 8
6. The date of each contribution; and 9
7. The amount of each contribution; 10
(d) Make all data specified in paragraph (c) of this subsection available on the 11
Internet no later than ten (10) business days after its receipt by the registry. If 12
a contribution or expenditure report is f iled late with the registry, that data 13
shall be made available on the internet within twenty -four (24) hours of the 14
registry's receipt of the data; 15
(e) Make filer-side software available free of charge to all individuals or entities 16
subject to the reporting requirements of this chapter; 17
(f) Establish a training program on the electronic reporting program and make it 18
available free of charge to all individuals and entities subject to the reporting 19
requirements of this chapter; 20
(g) Maintain all campaign finan ce data pertaining to legislative and statewide 21
candidates online[on-line] for twenty (20) years after the date the report 22
containing the data is filed, and then archive the data in a secure format; 23
(h) Require candidates and slates of candidates running f or statewide office, and 24
campaign committees of candidates and slates of candidates registered to run 25
for statewide office, beginning with elections scheduled in 2015, to 26
electronically report all campaign finance reports that must be submitted to 27
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the registry under this chapter. If any statewide candidate, slate of candidates, 1
or campaign committee of a statewide candidate or slate of candidates submits 2
a campaign finance report in a nonelectronic format for an election scheduled 3
in 2015 or later, the regi stry shall require the statewide candidate, slate of 4
candidates, or campaign committee of the statewide candidate or slate of 5
candidates to resubmit the campaign finance report in an electronic format; 6
(i) Require all candidates, slates of candidates, comm ittees, and contributing 7
organizations, beginning with the primary scheduled in 2020, and for each 8
subsequent election scheduled thereafter, to electronically report all campaign 9
finance reports required to be submitted to the registry under this chapter. If 10
any candidate, slate of candidates, committee, or contributing organization 11
submits a campaign finance report to the registry in a nonelectronic format for 12
an election or calendar period beginning in 2020 or later, the registry shall 13
require the candida te, slate of candidates, committee, or contributing 14
organization to resubmit the campaign finance report in an electronic format. 15
If any candidate, slate of candidates, committee, or contributing organization 16
does not submit the required campaign finance r eports electronically by the 17
applicable filing deadline, the registry shall publish the candidate, slate of 18
candidates, committee, or contributing organization's name as a delinquent 19
filer until such time as the campaign finance report is properly filed in an 20
electronic format; and 21
(j) Require all independent expenditure reports to be submitted electronically 22
within forty-eight (48) hours of the date that the communication is publicly 23
distributed or otherwise publicly disseminated, beginning with the primar y 24
scheduled in 2020, and for each subsequent election scheduled thereafter. 25
(7) In conjunction with the program of electronic reporting set out in subsection (6) of 26
this section, the registry shall deem an electronic report to be filed when submitted 27
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by either of the following methods: 1
(a) Online Internet transmission; or 2
(b) Hand delivery of the electronic report, saved on a current and compatible 3
computer component, and downloaded at the registry. 4
Section 42. KRS 121.140 is amended to read as follows: 5
(1) Upon the sworn complaint of any person, or on its own initiative, the registry shall 6
investigate alleged violations of campaign finance law. In conducting any 7
investigation, the registry shall have the power of subpoena and may compel 8
production of evidence including the financial records of any person determined by 9
the registry to be vital to the investigation. The records subject to subpoena include, 10
but are not limited to, a person's bank records and other relevant do cuments, but 11
excluding individual and business income tax records. 12
(2) If the registry concludes that there is probable cause to believe that the law has been 13
violated, the registry shall notify the alleged violator of its conclusions and the 14
evidence supp orting them, and shall offer the alleged violator a conciliation 15
agreement to resolve the issue. A conciliation agreement may require the alleged 16
violator to comply with one (1) or more of the following: 17
(a) To cease and desist violations of the law; 18
(b) To file required reports or other documents or information; 19
(c) To pay a penalty not to exceed two hundred dollars ($200) a day, up to a 20
maximum total fine of five thousand dollars ($5,000), for failure to file any 21
report, payment of an administrative fee, or other document or information 22
required by law until the report, fee payment, document, or information is 23
filed; except that there shall be no maximum total fine for candidates for 24
statewide office; or 25
(d) To pay a penalty not to exceed five thousand dollars ($5,000) per violation for 26
acts of noncompliance with provisions contained within this chapter. 27
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(3) A monetary penalty under subsection (2) of this section for failure to file any 1
report, payment of an administrative fee, or other documentation or information 2
required by law shall not begin to accrue or be assessed until five (5) business 3
days after the registry has provided notice of the delinquency to the candidate or 4
the campaign treasurer. If the violation is corrected within the five (5) business 5
days following the registry's notice, no penalty shall be assessed. 6
(4) To accept a conciliation agreemen t, an alleged violator shall deliver the signed 7
agreement to the registry either in person or by mail postmarked not later than ten 8
(10) days after the day he received it. The registry may institute a civil action in 9
Franklin Circuit Court or the Circuit C ourt for the county of the violator's residence 10
to enforce the provisions of any conciliation agreement accepted by a violator who 11
is not complying with its provisions. 12
(5)[(4)] If the alleged violator declines to accept the conciliation agreement or fails to 13
respond within the time allowed, the registry shall conduct an administrative 14
hearing. The provisions of KRS Chapter 13B shall apply to all registry 15
administrative hearings except for the provisions of KRS 13B.030(2)(b). A party 16
adversely affected by the registry's final order may appeal to Franklin Circuit Court 17
within thirty (30) days after the date of the registry's final order. The violator may 18
be ordered to comply with any one (1) or more of the following requirements: 19
(a) To cease and desist violation of this law; 20
(b) To file any reports or other documents or information required by this law; 21
(c) To pay a penalty not to exceed two hundred dollars ($200) a day, up to a 22
maximum total fine of five thousand dollars ($5,000), for failure to file any 23
report, payment of an administrative fee, or other document or information 24
required by law until the report, fee payment, document, or information is 25
filed; except that there shall be no maximum total fine for candidates for 26
statewide office; or 27
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(d) To pay a penalty not to exceed five thousand dollars ($5,000) per violation for 1
acts of noncompliance with provisions contained within this chapter. An 2
appeal of an order shall be advanced on the docket to permit a timely 3
decision. 4
(6)[(5)] If the registry concludes that there is probable cause to believe that the 5
campaign finance law has been violated knowingly, it shall refer the violation to the 6
Attorney General or the appropriate Commonwealth's or county attorney for 7
prosecution. The Atto rney General may request the registry's attorney or the 8
appropriate county or Commonwealth's attorney to prosecute the matter and may 9
request from the registry all evidence collected in its investigation. In the event the 10
Attorney General or the appropriat e local prosecutor fails to prosecute in a timely 11
fashion, the registry may petition the Circuit Court to appoint the registry's attorney 12
to prosecute, and upon a motion timely filed, for good cause shown, the court shall 13
enter an order to that effect. Pro secutions involving campaign finance law 14
violations, in which the reports are required to be filed in Frankfort, may be 15
conducted in Franklin Circuit Court or in the Circuit Court for the county in which 16
the contribution or expenditure constituting a campa ign finance violation was 17
solicited, made, or accepted. The prosecution of a person who unlawfully solicits, 18
makes, or accepts a contribution or expenditure through the use of the mail may be 19
conducted in the Circuit Court for the county in which the solic itation is mailed, the 20
county in which the contribution is mailed or received, or the county in which the 21
expenditure is mailed. 22
(7)[(6)] If judicial review is sought of any action of the registry relating to a pending 23
election, the matter shall be advance d on the docket of the court. The court may 24
take any steps authorized by law to accelerate its procedures so as to permit a 25
timely decision. 26
Section 43. KRS 121.150 is amended to read as follows: 27
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(1) No contribution shal l be made or received, directly or indirectly, other than an 1
independent expenditure, to support inauguration activities or to support or defeat a 2
candidate, slate of candidates, constitutional amendment, or public question which 3
will appear on the ballot in an election, except through the duly appointed campaign 4
manager, or campaign treasurer of the candidate, slate of candidates, or registered 5
committee. Any person making an independent expenditure, shall report these 6
expenditures when the expenditures by that person exceed five hundred dollars 7
($500) in the aggregate in any one (1) election, on a form provided or using a 8
format approved by the registry and shall sign a statement on the form, under 9
penalty of perjury, that the expenditure was an actual ind ependent expenditure and 10
that there was no prior communication with the campaign on whose behalf it was 11
made. 12
(2) Except as provided in KRS 121.180(10), the solicitation from and contributions by 13
campaign committees, independent expenditure -only committees, caucus campaign 14
committees, political issues committees, permanent committees, and party 15
executive committees to any religious, charitable, civic, eleemosynary, or other 16
causes or organizations established primarily for the public good is expressly 17
prohibited; except that it shall not be construed as a violation of this section for: 18
(a) A candidate or a slate of candidates to contribute to religious, civic, or 19
charitable groups; or 20
(b) A state or county executive committee of a political party to contribu te up to 21
one hundred dollars ($100) per year to a nonprofit civic organization if the 22
organization promotes civic education, voter registration efforts, or patriotic 23
events. 24
(3) No candidate, slate of candidates, committee, or contributing organization, no r 25
anyone acting on their behalf, shall accept any anonymous contribution in excess of 26
two hundred dollars ($200) [one hundred dollars ($100)] , and all anonymous 27
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contributions in excess of two hundred dollars ($200) [one hundred dollars ($100)] 1
shall be returned to the donor, if the donor can be determined. If no donor is found, 2
the contribution shall escheat to the state. No candidate, slate of candidates, 3
committee, or contributing organization, nor anyone acting on their behalf shall 4
accept anonymous contri butions in excess of two thousand dollars ($2,000) in the 5
aggregate in any one (1) election. Anonymous contributions in excess of two 6
thousand dollars ($2,000) in the aggregate which are received in any one (1) 7
election shall escheat to the state. 8
(4) No c andidate, slate of candidates, committee, or contributing organization, nor 9
anyone on their behalf, shall accept a cash contribution in excess of two hundred 10
dollars ($200)[one hundred dollars ($100)] in the aggregate from each contributor 11
in any one (1) e lection. No candidate, slate of candidates, committee, or 12
contributing organization, nor anyone on their behalf, shall accept a cashier's check 13
or money order in excess of the maximum cash contribution limit unless the 14
instrument clearly identifies both th e payor and the payee. A contribution made by 15
cashier's check or money order which identifies both the payor and payee shall be 16
treated as a contribution made by check for purposes of the contribution limits 17
contained in this section. No person shall make a cash contribution in excess of two 18
hundred dollars ($200)[one hundred dollars ($100)] in the aggregate in any one (1) 19
election to a candidate, slate of candidates, committee, or contributing organization, 20
nor anyone on their behalf. 21
(5) No candidate, slate of candidates, committee, contributing organization, nor anyone 22
on their behalf, shall accept any contribution in excess of two hundred dollars 23
($200)[one hundred dollars ($100)] from any person who shall not become eighteen 24
(18) years of age on or before the day of the next general election. 25
(6) Except as provided in subsection (22) of this section, no candidate, slate of 26
candidates, campaign committee, nor anyone acting on their behalf, shall accept a 27
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contribution in an amount that is greater than the contribution limit applicable to 1
federal candidates and principal campaign committees established by 52 U.S.C. 2
sec. 30116(a)(1)(A), as indexed for inflation every odd -numbered year by the 3
Federal Election Commission pursuant to 52 U.S.C. sec. 30116(c) [of more than 4
two thousand dollars ($2,000) as indexed for inflation every odd -numbered year 5
using the preceding year's percent increase in the non -seasonally adjusted annual 6
average Consumer Price Index for all Urban Consumers (CPI -U), U.S. City 7
Average, All Items, for that year as published by the United States Bureau of Labor 8
Statistics and rounded to the nearest hundred dollars] , from any person, permanent 9
committee, or contributing organization in any one (1) election. No person, 10
permanent committee, or contributing organization shall contribute an amount that 11
is greater than the contribution limit applicable to federal candidates and 12
principal campaign committees established by 52 U.S.C. sec. 30116(a)(1)(A), as 13
indexed for inflation every odd -numbered year by the Federal Election 14
Commission pursuant to 52 U.S.C. sec. 30116(c) [more than two thousand dollars 15
($2,000) as indexed for inflation every odd -numbered year using the preceding 16
year's percent increase in the non -seasonally adjusted annual average Consum er 17
Price Index for all Urban Consumers (CPI -U), U.S. City Average, All Items, as 18
published by the United States Bureau of Labor Statistics and rounded to the 19
nearest hundred dollars], to any one (1) candidate, campaign committee, nor anyone 20
acting on their behalf, in any one (1) election. 21
(7) Permanent committees or contributing organizations affiliated by bylaw structure or 22
by registration, as determined by the Registry of Election Finance, shall be 23
considered as one (1) committee for purposes of applying the contribution limits of 24
subsection (6) of this section. 25
(8) No permanent committee shall contribute funds to another permanent committee for 26
the purpose of circumventing contribution limits of subsection (6) of this section. A 27
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permanent committee or ind ependent expenditure -only committee may make 1
unlimited contributions to an independent expenditure -only committee, or as 2
allowed by federal law to a federally registered political committee, provided that if 3
a contribution is earmarked for a particular ind ependent expenditure, the person 4
making the independent expenditure shall disclose the contribution when reporting 5
the independent expenditure pursuant to subsection (1) of this section. 6
(9) No person shall contribute funds to a permanent committee, politi cal issues 7
committee, or contributing organization for the purpose of circumventing the 8
contribution limits of subsection (6) of this section. 9
(10) No person shall contribute an amount that is greater than the contribution limit 10
applicable to federal candi dates and principal campaign committees established 11
by 52 U.S.C. sec. 30116(a)(1)(A), as indexed for inflation every odd -numbered 12
year by the Federal Election Commission pursuant to 52 U.S.C. sec. 13
30116(c)[more than two thousand dollars ($2,000) as indexed for inflation every 14
odd-numbered year using the preceding year's percent increase in the non -15
seasonally adjusted annual average Consumer Price Index for all Urban Consumers 16
(CPI-U), U.S. City Average, All Items, for that year as published by the United 17
States Bureau of Labor Statistics and rounded to the nearest hundred dollars] , to a 18
permanent committee or contributing organization in any one (1) year. 19
(11) (a) No person shall contribute more than ten thousand dollars ($10,000) [five 20
thousand dollars ($5,000)] to the state executive committee of a political party 21
in any one (1) year. The contribution limit in this paragraph shall not apply to 22
a contribution designated exclusively for a state executive committee's 23
building fund account established under KRS 121.172. 24
(b) No person shall contribute more than ten thousand dollars ($10,000) [five 25
thousand dollars ($5,000)] to a subdivision or affiliate of a state political party 26
in any one (1) year. 27
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(c) No person shall contribute more than ten thousand dollars ($1 0,000)[five 1
thousand dollars ($5,000)] to a caucus campaign committee in any one (1) 2
year. 3
(12) No person shall make a payment, distribution, loan, advance, deposit, or gift of 4
money to another person to contribute to a candidate, a slate of candidates, 5
committee, contributing organization, or anyone on their behalf. No candidate, slate 6
of candidates, committee, contributing organization, nor anyone on their behalf 7
shall accept a contribution made by one (1) person who has received a payment, 8
distribution, loan, advance, deposit, or gift of money from another person to 9
contribute to a candidate, a slate of candidates, committee, contributing 10
organization, or anyone on their behalf. 11
(13) Subject to the provisions of subsection (17) of this section, no candidate or slate of 12
candidates for nomination to any state, county, city, or district office, nor their 13
campaign committees, nor anyone on their behalf, shall solicit or accept 14
contributions for primary election expenses after the date of the primary. No person 15
other than the candidate or slate of candidates shall contribute for primary election 16
expenses after the date of the primary. 17
(14) Subject to the provisions of subsection (17) of this section, no candidate or slate of 18
candidates for any state, county, city, or district office at a regular election, nor their 19
campaign committees, nor anyone on their behalf, shall solicit or accept 20
contributions for regular election expenses after the da te of the regular election. No 21
person other than the candidate or slate of candidates shall contribute for regular 22
election expenses after the date of the regular election. 23
(15) Subject to the provisions of subsection (17) of this section, no candidate or slate of 24
candidates for nomination or election to any state, county, city, or district office, 25
nor their campaign committees, nor anyone on their behalf, shall solicit or accept 26
contributions for special election expenses after the date of the special elec tion. No 27
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person other than the candidate or slate of candidates shall contribute for special 1
election expenses after the date of the special election. 2
(16) The provisions of subsections (13) and (14) of this section shall apply only to those 3
candidates in a primary or regular election which shall be conducted subsequent to 4
January 1, 1989. The provisions of subsection (15) of this section shall apply only 5
to those candidates or slates of candidates in a special election which shall be 6
conducted subsequent to January 1, 1993. 7
(17) A candidate, slate of candidates, or a campaign committee may solicit and accept 8
contributions after the date of a primary election, regular election, or special 9
election to defray necessary expenses that arise after the date of the election 10
associated with election contests, recounts, and recanvasses of a specific election, 11
complaints regarding alleged campaign finance violations that are filed with the 12
registry pertaining to a specific election, or other legal actions pertaining to a 13
specific election to which a candidate, slate of candidates, or campaign committee 14
is a party, and for repayment of debts and obligations owed by the campaign or 15
previous campaign for the same office. Reports of contributions received and 16
expenditures m ade after the date of the specific election shall be made in 17
accordance with KRS 121.180. 18
(18) No candidate, slate of candidates, committee, except a political issues committee, 19
independent expenditure-only committee, or contributing organization, nor anyo ne 20
on their behalf, shall knowingly accept a contribution from a corporation, directly 21
or indirectly, except to the extent that the contribution is designated to a state 22
executive committee's building fund account established under KRS 121.172. 23
(19) Nothing in this section shall be construed to restrict the ability of a corporation to 24
administer its permanent committee insofar as its actions can be deemed not to 25
influence an election as prohibited by KRS 121.025. 26
(20) No candidate, slate of candidates, or c ommittee, nor anyone on their behalf, shall 27
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solicit a contribution of money or services from a state employee, whether or not 1
the employee is covered by the classified service provisions of KRS Chapter 18A. 2
However, it shall not be a violation of this subs ection for a state employee to 3
receive a solicitation directed to him as a registered voter in an identified precinct as 4
part of an overall plan to contact voters not identified as state employees. 5
(21) No candidate or slate of candidates for any office in this state shall accept a 6
contribution, including an in -kind contribution, which is made from funds in a 7
federal campaign account. No person shall make a contribution, including an in -8
kind contribution, from funds in a federal campaign account to any cand idate or 9
slate of candidates for any office in this state . However, it shall not be a violation 10
of this subsection for a federal candidate to contribute to a party executive 11
committee if the amount of the contribution does not exceed the contribution 12
limit contained in subsection (11) of this section and the contribution is not 13
earmarked for a particular candidate or slate of candidates. 14
(22) It shall be permissible for a married couple to make a contribution with one (1) 15
check that reflects the combined in dividual contribution limits of each individual 16
spouse per election, as set forth in subsection (6) of this section, for all elections in 17
a calendar year and the following shall be required to be written on the check: 18
(a) The signatures of both spouses on the signature line of the check; and 19
(b) The designation of each contribution amount and the election or elections to 20
which they apply shall be memorialized on the memo line of the check. 21
(23) This section and any other provision of this chapter shall not be construed to 22
prohibit a qualified political party committee, including a state or county 23
executive committee, from endorsing, supporting, opposing, or making otherwise 24
lawful contributions or expenditures supporting or opposing a candidacy 25
designated as nonpartisan under state law. The endorsement, support, or 26
opposition by a political party committee shall not affect the nonpartisan status of 27
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the office or the candidate. 1
Section 44. KRS 121.160 is amended to read as follows: 2
(1) Each candidate or slate of candidates shall, on a form prescribed and furnished by 3
the registry, designate a campaign treasurer to act as their agent at the time they file 4
as a candidate or slate of candidates, and until this requirement is met, the candidate 5
or slate of candidates shall be listed on the form as their own treasurer and 6
accountable as such. The candidate or slate of candidates may appoint themselves 7
or any registered voter in Kentucky as the campaign treasurer. The office with 8
which the candidate or slate of candidates is required to file shall immediately 9
forward to the registry a copy of the candidate's or slate's filing papers. The office 10
with which the candidate or slate of candidates files shall promptly notify the 11
registry when a candidate withdraws. 12
(2) The duties of a campaign treasurer shall be to: 13
(a) Designate a depository bank in which the primary campaign account shall be 14
maintained and deposit all contributions in that account; 15
(b) Keep detailed and exact accounts of: 16
1. Contributions of any amount made by a permanent committee, by name 17
and business address of the permanent committee, the date of the 18
contribution, the amount contributed, and a description of the major 19
business, social, or political interest represented by the permanent 20
committee; and 21
2. Contributions in excess of two hundred dollars ($200) [one hundred 22
dollars ($100)] made to any candidate, by name, address, age if under 23
legal voting age, date of the contribution, amount of the contribution, 24
and the employer and occupation of each other contributor. If the 25
contributor is self -employed, the name under which he or she is doing 26
business shall be listed. The occupation listed for the contributor shall be 27
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specific. A general classification, such as "businessman," shall be 1
insufficient; 2
(c) Make or authorize all expenditures on behalf of a candidate or slate of 3
candidates. Any expenditure in excess of twenty-five dollars ($25) shall be by 4
check and the treasurer's records shall disclose the name, address, and 5
occupation of every person or firm to whom made, and shall list the date and 6
amount of the expenditure and the treasure r shall keep a receipted bill for 7
each; 8
(d) Maintain all receipted bills and accounts required by this section for a period 9
of six (6) years from the date he files his last report under KRS 10
121.180(3)(b)1.; and 11
(e) Make no payment to any person not directl y providing goods or services with 12
the intent to conceal payment to another. 13
(3) A candidate or slate of candidates may remove a campaign treasurer at any time. 14
(4) In case of the death, resignation, or removal of a campaign treasurer, the candidate 15
or slate of candidates shall within three (3) days after receiving notice thereof by 16
certified mail, appoint a successor and shall file his name and address with the 17
registry. The candidate, or slate shall be accountable as their own campaign 18
treasurer if they fail to meet this filing requirement. 19
(5) A person may serve as campaign treasurer for more than one (1) candidate or slate 20
of candidates, but all reports shall be made separately for each individual candidate 21
or slate. 22
(6) The candidate or slate of candidates may pay a campaign treasurer a salary for his 23
services which shall be considered a campaign expense and shall comply with the 24
reporting provisions of KRS 121.180 and administrative regulations promulgated 25
by the registry. 26
Section 45. KRS 121.180 is amended to read as follows: 27
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(1) (a) 1. Persons becoming a candidate as defined in KRS 121.015(8) or slate of 1
candidates as defined in KRS 121.015(9), or a political issues committee 2
as defin ed in KRS 121.015(3)(d), shall submit a form prescribed and 3
furnished by the registry indicating whether they intend to raise or spend 4
in excess of five thousand dollars ($5,000) in any one (1) election, or 5
that contributions will not be accepted or expend ed in excess of five 6
thousand dollars ($5,000) in any one (1) election. Candidates and slates 7
of candidates shall submit this form to the registry within five (5) days 8
of receiving contributions or making expenditures with a view to 9
bringing about his or h er nomination or election to public office, or 10
within five (5) days of filing papers to run for public office, whichever is 11
sooner. Candidates and slates of candidates who advance to a regular 12
election following a primary shall submit this form to the registry within 13
five (5) days after the date of the primary. Political issues committees 14
shall submit the form to the registry within five (5) days of meeting the 15
definition of political issues committee in KRS 121.015(3)(d). 16
2. Each candidate, slate of candid ates, or political issues committee 17
indicating that contributions will not be accepted or expended in excess 18
of five thousand dollars ($5,000) in any one (1) election shall be exempt 19
from filing any campaign finance reports required by subsection (3) of 20
this section. 21
3. A separate form shall be required for each primary, regular, or special 22
election in which the candidate or slate of candidates participates or in 23
which the public question appears on the ballot. The form shall be 24
submitted by means of electronic filing with the registry. 25
4. Any person acting as a candidate or slate of candidates by receiving 26
contributions or making expenditures with a view to bringing about his 27
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or her nomination or election to public office, or filing papers to run for 1
public office, or group of persons acting as a political issues committee, 2
who fails to file this form as required, or who fails to remedy a 3
deficiency within five (5) days, may be fined by the registry an amount 4
not to exceed two hundred dollars ($200) per day, up to a maximum 5
total fine of five thousand dollars ($5,000). 6
(b) For a primary, a candidate or slate of candidates shall file a request for 7
exemption not later than the deadline described in paragraph (a) of this 8
subsection for filing nomination papers a nd, except as provided in 9
subparagraph 2. of paragraph (c) of this subsection, shall be bound by its 10
terms unless it is rescinded in writing not later than thirty (30) days preceding 11
the primary. For a regular election, a candidate or slate of candidates s hall file 12
or rescind in writing a request for exemption not later than sixty (60) days 13
preceding the regular election, except as provided in subparagraph 2. of 14
paragraph (c) of this subsection. For a special election, a candidate or slate of 15
candidates shall file a request for exemption not later than ten (10) days after 16
the candidate or slate of candidates is nominated for a special election and 17
shall be bound by its terms unless it is rescinded in writing not later than thirty 18
(30) days preceding the spec ial election. A political issues committee chair 19
shall file a request for exemption when the committee registers with the 20
registry and shall be bound by its terms unless it is rescinded in writing not 21
later than thirty (30) days preceding the date the issue appears on the ballot. 22
(c) 1. A candidate or slate of candidates that revokes a request for exemption 23
in a timely manner shall file all reports required of a candidate intending 24
to raise or spend in excess of five thousand dollars ($5,000) in an 25
election. To revoke the request for an exemption, the candidate or slate 26
of candidates shall file the appropriate form with the registry not later 27
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than the deadline for filing a revocation. 1
2. A candidate or slate of candidates that is exempted from campaign 2
finance reporting requirements pursuant to paragraph (a) of this 3
subsection but who accepts contributions or makes expenditures in 4
excess of the exempted amount in an election, shall file all applicable 5
reports required for the remainder of that election, based upon the 6
amount of contributions or expenditures the candidate or slate of 7
candidates accepts or receives in that election. 8
(d) Any candidate or slate of candidates that is subject to a June or August filing 9
deadline and that intends to execute a request for exemption shall file the 10
appropriate request for exemption not later than the deadline described in 11
paragraph (a) of this subsection and, except as provided in subparagraph 2. of 12
paragraph (c) of this subsection, shall be bound by its terms unless it i s 13
rescinded in writing not later than sixty (60) days preceding the regular 14
election. A candidate or slate of candidates that is covered by this paragraph 15
shall have the same reversion rights as those provided in subparagraph 1. of 16
paragraph (c) of this subsection. 17
(e) Any candidate or slate of candidates that will appear on the ballot in a regular 18
election that has signed a request for exemption for that election may exercise 19
the reversion rights provided in subparagraph 1. of paragraph (c) of this 20
subsection if a candidate or slate of candidates that is subject to a June or 21
August filing deadline subsequently files in opposition to the candidate or 22
slate of candidates. Except as provided in subparagraph 2. of paragraph (c) of 23
this subsection, a candidate o r slate of candidates covered by this paragraph 24
shall comply with the deadline for rescission provided in subparagraph 1. of 25
paragraph (c) of this subsection. 26
(f) Except as provided in subparagraph 2. of paragraph (c) of this subsection, any 27
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candidate or s late of candidates that has filed a request for exemption for a 1
regular election that later is opposed by a person who has filed a declaration 2
of intent to receive write -in votes may rescind the request for exemption and 3
exercise the reversion rights provi ded in subparagraph 1. of paragraph (c) of 4
this subsection. 5
(g) Any candidate or slate of candidates that has filed a request for exemption 6
may petition the registry to determine whether another person is campaigning 7
as a write -in candidate prior to having filed a declaration of intent to receive 8
write-in votes, and, if the registry determines upon a preponderance of the 9
evidence that a person who may later be a write -in candidate is conducting a 10
campaign, the candidate or slate of candidates, except as pro vided in 11
subparagraph 2. of paragraph (c) of this subsection, may petition the registry 12
to permit the candidate or slate of candidates to exercise the reversion rights 13
provided in subparagraph 1. of paragraph (c) of this subsection. 14
(h) If the opponent of a candidate or slate of candidates is replaced due to his or 15
her withdrawal because of death, disability, or disqualification, the candidate 16
or slate of candidates, except as provided in subparagraph 2. of paragraph (c) 17
of this subsection, may exercise the reversion rights provided in subparagraph 18
1. of paragraph (c) of this subsection not later than fifteen (15) days after the 19
party executive committee nominates a replacement for the withdrawn 20
candidate or slate of candidates. 21
(i) A person intending to be a write-in candidate for any office in a regular or 22
special election may execute a request for exemption under paragraph (a) of 23
this subsection and shall be bound by its terms unless it is rescinded in writing 24
not later than fifteen (15) days preceding the regular or special election. A 25
person intending to be a write -in candidate who revokes a request for 26
exemption in a timely manner shall file all reports required of a candidate 27
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intending to raise or spend in excess of five thousand dollars ($5,000) in an 1
election. Except as provided in subparagraph 2. of paragraph (c) of this 2
subsection, a person intending to be a write -in candidate who revokes a 3
request for exemption shall file the appropriate form with the registry. 4
(j) Except as provided in subparagraph 2. of paragraph (c) of this subsection, the 5
campaign committee of any candidate or slate of candidates that has filed a 6
request for exemption or a political issues committee whose chair has filed a 7
request for exemption shall be bound by its terms unless it is rescinded in a 8
timely manner. 9
(k) 1. Except as provided in subparagraph 2. of paragraph (c) of this 10
subsection, any candidate, slate of candidates, or political issues 11
committee that is exempt from filing campaign finance reports pursuant 12
to paragraph (a), (d), or (i) of this subsection that accepts contributions 13
or makes expenditures, or whose campaign treasurer accepts 14
contributions or makes expenditures, in excess of the applicable limit in 15
any one (1) election without rescinding the request for ex emption in a 16
timely manner shall comply with all applicable reporting requirements 17
and, in lieu of other penalties prescribed by law, pay a fine of not less 18
than five hundred dollars ($500). 19
2. Except as provided in subparagraph 2. of paragraph (c) of this 20
subsection, a candidate, slate of candidates, campaign committee, or 21
political issues committee that is exempt from filing campaign finance 22
reports pursuant to paragraph (a), (d), or (i) of this subsection that 23
knowingly accepts contributions or makes exp enditures in excess of the 24
applicable spending limit in any one (1) election without rescinding the 25
request for exemption in a timely manner shall comply with all 26
applicable reporting requirements and shall be guilty of a Class D 27
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felony. 1
(l) 1. Any candida te exempt from filing under this subsection for a primary 2
shall file a report described in subsection (4) of this section. 3
2. Any candidate exempt from filing under this subsection for a primary 4
who advances to the regular election shall file for an additi onal 5
exemption under this section for the regular election or the candidate 6
shall no longer be exempt from the filing requirements. 7
3. In the event a candidate exempt from filing under this subsection is no 8
longer eligible for the exemption, he or she shal l immediately file for a 9
revocation of the exemption under paragraph (c) of this subsection. 10
(2) (a) State and county executive committees, and caucus campaign committees 11
shall make a full report, upon a prescribed form, to the registry, of all money, 12
loans, or other things of value, received from any source, and expenditures 13
authorized, incurred, or made, since the date of the last report, including: 14
1. For each contribution of any amount made by a permanent committee, 15
the name and business address of the permanent committee, the date of 16
the contribution, the amount contributed, and a description of the major 17
business, social, or political interest represented by the permanent 18
committee; 19
2. For other contributions in excess of two hundred dollars ($200) [one 20
hundred dollars ($100)], the full name, address, age if less than the legal 21
voting age, the date of the contribution, the amount of the contribution, 22
and the employer and occupation of eac h contributor. If the contributor 23
is self-employed, the name under which he or she is doing business shall 24
be listed; 25
3. The total amount of cash contributions received during the reporting 26
period; and 27
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4. A complete statement of expenditures authorized, in curred, or made. 1
The complete statement of expenditures shall include the name and 2
address of each person to whom an expenditure is made in excess of 3
twenty-five dollars ($25), and the amount, date, and purpose of each 4
expenditure. 5
(b) In addition to the r eporting requirements in paragraph (a) of this subsection, 6
the state executive committee of a political party that has established a 7
building fund account under KRS 121.172 shall make a full report, upon a 8
prescribed form, to the registry, of all contribut ions received from any source, 9
and expenditures authorized, incurred, or made, since the date of the last 10
report for the separate building fund account, including: 11
1. For each contribution of any amount made by a corporation, the name 12
and business address of the corporation, the date of the contribution, the 13
amount contributed, and a description of the major business conducted 14
by the corporation; 15
2. For other contributions in excess of two hundred dollars ($200) [one 16
hundred dollars ($100)] , the full name an d address of the contributor, 17
the date of the contribution, the amount of the contribution, and the 18
employer and occupation of each contributor. If the contributor is self -19
employed, the name under which he or she is doing business shall be 20
listed; 21
3. The t otal amount of cash contributions received during the reporting 22
period; and 23
4. A complete statement of expenditures authorized, incurred, or made. 24
The complete statement of expenditures shall include the name and 25
address of each person to whom an expenditu re is made in excess of 26
twenty-five dollars ($25), and the amount, date, and purpose of each 27
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expenditure. 1
(c) The report required by paragraph (a) of this subsection shall be made on a 2
semiannual basis if the committee has more than ten thousand dollars 3
($10,000) in its campaign fund account, and shall be received by the registry 4
by January 31 and by July 31. The January report shall cover the period from 5
July 1 to December 31. The July report shall cover the period from January 1 6
to June 30. If the committee has less than ten thousand dollars ($10,000) in its 7
campaign fund account the report required by paragraph (a) of this subsection 8
shall be made on an annual basis, and shall be received by the registry by 9
January 31. If an individual gives a reportable contribution to a caucus 10
campaign committee or to a state or county executive committee with the 11
intention that the contribution or a portion of the contribution go to a 12
candidate or slate of candidates, the name of the contributor and the sum shall 13
be indicated on the committee report. The report required by paragraph (b) of 14
this subsection relating to a state executive committee's building fund account 15
shall be received by the registry within seven (7)[two (2)] business days after 16
the close of each calend ar quarter. The receipts and expenditures of funds 17
remitted to each political party under KRS 141.071 to 141.073 shall be 18
separately accounted for and reported to the registry in the manner required by 19
KRS 121.230. The separate report may be made a separat e section within the 20
report required by this subsection to be received by the registry by January 31. 21
(3) (a) Except for candidates or slates of candidates, campaign committees, or 22
political issues committees exempted from reporting requirements pursuant t o 23
subsection (1) of this section, each campaign treasurer of a candidate, slate of 24
candidates, campaign committee, or political issues committee who accepts 25
contributions or expends, expects to accept contributions or expend, or 26
contracts to expend more th an five thousand dollars ($5,000) in any one (1) 27
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election, and each fundraiser who secures contributions in excess of five 1
thousand dollars ($5,000) in any one (1) election, shall make a full report to 2
the registry, on a form provided or using a format app roved by the registry, of 3
all money, loans, or other things of value, received from any source, and 4
expenditures authorized, incurred, and made, since the date of the last report, 5
including: 6
1. For each contribution of any amount made by a permanent commit tee, 7
the name and business address of the permanent committee, the date of 8
the contribution, the amount contributed, and a description of the major 9
business, social, or political interest represented by the permanent 10
committee; 11
2. For each contribution in excess of two hundred dollars ($200) [one 12
hundred dollars ($100)] made to any candidate or campaign committee 13
or a political issues committee, the full name, address, age if less than 14
the legal voting age, the date of the contribution, the amount of the 15
contribution, and the employer and occupation of each other contributor. 16
If the contributor is self -employed, the name under which he or she is 17
doing business shall be listed; 18
3. The total amount of cash contributions received during the reporting 19
period; and 20
4. A complete statement of all expenditures authorized, incurred, or made. 21
The complete statement of expenditures shall include the name, address, 22
and occupation of each person to whom an expenditure is made in 23
excess of twenty -five dollars ($25), and the amount, date, and purpose 24
of each expenditure. 25
(b) Reports of all candidates, slates of candidates, campaign committees, 26
independent expenditure -only committees, political issues committees, and 27
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registered fundraisers shall be made as follows: 1
1. a. Candidates seeking statewide office, slates of candidates, 2
campaign committees for candidates seeking statewide office and 3
for slates of candidates, independent expenditure-only committees, 4
political issues committees, and fundraisers which file the form 5
described in subsection (1)(a) of this section before the year of an 6
election in which the candidate, a slate of candidates, or public 7
question shall appear on the ballot, shall file financial reports with 8
the registry at the end of the first calendar quarter af ter persons 9
become statewide candidates or slates of candidates, or following 10
registration of the committee or fundraiser, and each calendar 11
quarter thereafter, ending with the last calendar quarter of that 12
year. The provisions of this subparagraph shall b e retroactive to 13
January 1, 2021; 14
b. All other candidates and campaign committees shall file annual 15
financial reports to be received by the registry on or before 16
December 1 for each year that a candidate is not yet on the ballot 17
but has filed a form as des cribed in subsection (1)(a) of this 18
section with the registry for a future-year election; and 19
c. Candidates, slate of candidates, or committees shall make all 20
reports required by subparagraphs 2. to 5. of this paragraph during 21
the year in which the election takes place; 22
2. All candidates, slates of candidates, campaign committees, independent 23
expenditure-only committees, political issues committees, and registered 24
fundraisers shall make reports on the sixtieth day preceding a regular 25
election, including all previous contributions and expenditures; 26
3. All candidates, slates of candidates, campaign committees, independent 27
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expenditure-only committees, political issues committees, and registered 1
fundraisers shall make reports on the thirtieth day preceding an el ection, 2
including all previous contributions and expenditures; 3
4. All candidates, slates of candidates, campaign committees, independent 4
expenditure-only committees, political issues committees, and registered 5
fundraisers shall make reports on the fifteent h day preceding the date of 6
the election; and 7
5. All reports to the registry shall cover campaign activity during the entire 8
reporting period and must be received by the registry within seven 9
(7)[two (2)] business days after the date the reporting period e nds to be 10
deemed timely filed. 11
(4) All candidates, regardless of funds received or expended, campaign committees, 12
independent expenditure -only committees, political issues committees, and 13
registered fundraisers shall make post -election reports within thirt y (30) days after 14
the election. All post -election reports to the registry shall cover campaign activity 15
during the entire reporting period and must be received by the registry within seven 16
(7)[two (2)] business days after the date the reporting period ends to be deemed 17
timely filed. For candidates, slates of candidates, and political issues committees 18
otherwise exempt under subsection (1)(a) of this section, the reporting period 19
begins the day the request for exemption is filed with the registry and continu es 20
through the thirtieth day after the election. 21
(5) In making the preceding reports, the total gross receipts from each of the following 22
categories shall be listed: proceeds from the sale of tickets for events such as 23
testimonial affairs, dinners, luncheo ns, rallies, and similar fundraising events, mass 24
collections made at the events, and sales of items such as campaign pins, buttons, 25
hats, ties, literature, and similar materials. When any individual purchase or the 26
aggregate purchases of any item enumerat ed above from a candidate or slate of 27
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candidates for a statewide -elected state office or a campaign committee for a 1
candidate or slate of candidates for a statewide -elected state office exceeds two 2
hundred dollars ($200) [one hundred dollars ($100)] , the pu rchaser shall be 3
identified by name, address, age, if less than the legal voting age, occupation, and 4
employer or, if the purchaser is self -employed, the name under which he or she is 5
doing business, and the amount of the purchase. When any individual purc hase or 6
the aggregate purchases of any item enumerated above from any candidate or 7
campaign committee other than a candidate or slate of candidates for a statewide -8
elected state office or campaign committee for a candidate or slate of candidates for 9
a stat ewide-elected state office exceeds two hundred dollars ($200) [one hundred 10
dollars ($100)], the purchaser shall be identified by name, address, age if less than 11
the legal voting age, occupation, and employer or, if the purchaser is self-employed, 12
the name under which he or she is doing business, and the amount of the purchase. 13
The lists shall be maintained by the campaign treasurer, political issues committee 14
treasurer, registered fundraiser, or other sponsor for inspection by the registry for 15
six (6) years following the date of the election. 16
(6) Each permanent committee, except a federally registered political committee as 17
defined in 52 U.S.C. sec. 30101(4)(a), inaugural committee, or contributing 18
organization shall make a full report to the registry, on a form provided or using a 19
format approved by the registry, of all money, loans, or other things of value, 20
received by it from any source, and all expenditures authorized, incurred, or made, 21
since the date of the last report, including: 22
(a) For each contribution of any amount made by a permanent co mmittee, the 23
name and business address of the permanent committee, the date of the 24
contribution, the amount contributed, and a description of the major business, 25
social, or political interest represented by the permanent committee; 26
(b) For other contributions in excess of two hundred dollars ($200) [one hundred 27
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dollars ($100)], the full name, address, age if under the legal voting age, the 1
date of the contribution, the amount of the contribution, and the employer and 2
occupation of each contributor. If the co ntributor is self -employed, the name 3
under which he or she is doing business shall be listed; 4
(c) An aggregate amount of cash contributions, the amount contributed by each 5
contributor, and the date of each contribution; and 6
(d) A complete statement of all expenditures authorized, incurred, or made, 7
including independent expenditures. This report shall be made by a permanent 8
committee, inaugural committee, or contributing organization to the registry 9
on the last day of the first calendar quarter following th e registration of the 10
committee with the registry and on the last day of each succeeding calendar 11
quarter until such time as the committee terminates. A contributing 12
organization shall file a report of contributions received and expenditures on a 13
form provided or using a format approved by the registry not later than the 14
last day of each calendar quarter in which contributions are received or 15
expenditures are made. All reports to the registry shall be received on or 16
before each filing deadline, and any repo rt received by the registry within 17
seven (7) [two (2)] business days after each filing deadline shall be deemed 18
timely filed. 19
(7) If the final statement of a candidate, campaign committee, independent expenditure-20
only committee, or political issues committe e shows an unexpended balance of 21
contributions, continuing debts and obligations, or an expenditure deficit, the 22
campaign treasurer shall file with the registry a supplemental statement of 23
contributions and expenditures not more than thirty (30) days after the deadline for 24
filing the final statement. Subsequent supplemental statements shall be filed 25
annually, to be received by the registry by December 1 of each year, until the 26
account shows no unexpended balance, continuing debts and obligations, 27
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expenditures, or deficit. All post -election reports to the registry shall cover 1
campaign activity during the entire reporting period and must be received by the 2
registry within seven (7)[two (2)] business days after the date the reporting period 3
ends to be deemed ti mely filed. All contributions shall be subject to KRS 121.150 4
as of the date of the election in which the candidate appeared on the ballot. 5
(8) All reports filed under the provisions of this chapter shall be a matter of public 6
record open to inspection by any member of the public immediately upon receipt of 7
the report by the registry. 8
(9) A candidate or slate of candidates is relieved of the duty personally to file reports 9
and keep records of receipts and expenditures if the candidate or slate states in 10
writing or on forms provided by the registry that: 11
(a) Within five (5) business days after personally receiving any contributions, the 12
candidate or slate of candidates shall surrender possession of the contributions 13
to the treasurer of their campaign committe e without expending any of the 14
proceeds thereof. No contributions shall be commingled with the candidate's 15
or slated candidates' personal funds or accounts. Contributions received by 16
check, money order, or other written instrument shall be endorsed directl y to 17
the campaign committee and shall not be cashed or redeemed by the 18
candidate; 19
(b) The candidate or slate of candidates shall not make any unreimbursed 20
expenditure for the campaign, except that this paragraph does not preclude a 21
candidate or slate from making an expenditure from personal funds to the 22
designated campaign committee, which shall be reported by the committee as 23
a contribution received; and 24
(c) The waiver shall continue in effect as long as the candidate or slate of 25
candidates complies with the conditions under which it was granted. 26
(10) (a) No candidate, slate of candidates, campaign committee, independent 27
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expenditure-only committee, political issues committee, or contributing 1
organization shall use or permit the use of contributions or funds solicited or 2
received for the person or in support of or opposition to a public issue which 3
will appear on the ballot to: 4
1. Further the candidacy of the person for a different public office , except 5
that any member of the General Assembly who has a remain ing 6
balance in his or her campaign account may elect to transfer those 7
funds to a campaign account to seek election to statewide 8
constitutional office; 9
2. Support or oppose a different public issue; or 10
3. Further the candidacy of any other person for public office. 11
(b) Nothing in this subsection shall be deemed to prohibit a candidate or slate of 12
candidates from using funds in a campaign account to contribute directly to 13
another candidate or slate of candidates for state or federal office, or to 14
purchase admission tickets for any fundraising event or testimonial affair for 15
another candidate or slate of candidates for state or federal office, if the 16
amount of the purchase or contribution does not exceed the individual 17
contribution limit contained in KRS 121.1 50(6) or 52 U.S.C. sec. 30116 in 18
any one (1) election. 19
(c) Any funds or contributions solicited or received by or on behalf of a 20
candidate, slate of candidates, or any committee, which has been organized in 21
whole or in part to further any candidacy for the same person or to support or 22
oppose the same public issue, shall be deemed to have been solicited or 23
received for the current candidacy or for the election on the public issue if the 24
funds or contributions are solicited or received at any time prior to th e regular 25
election for which the candidate, slate of candidates, or public issue is on the 26
ballot. 27
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(d) Any unexpended balance of funds not otherwise obligated for the payment of 1
expenses incurred to further a political issue or the candidacy of a person 2
shall, in whole or in part, at the election of the candidate or committee: 3
1. Escheat to the State Treasury; 4
2. Be returned pro rata to all contributors; 5
3. In the case of a partisan candidate, be transferred to: 6
a. A caucus campaign committee; or 7
b. The state or county executive committee of the political party of 8
which the candidate is a member; 9
4. Be retained to further the same public issue or to seek election to the 10
same office, except that any member of the General Assembly who has 11
a remaining balance i n his or her campaign account may elect to 12
transfer those funds to a campaign account to seek election to 13
statewide constitutional office; or 14
5. Be donated to any charitable, nonprofit, or educational institution 15
recognized under Section 501(c)(3) of the U nited States Internal 16
Revenue Code of 1986, as amended, and any successor thereto, from 17
which the candidate or committee receives no financial benefit. 18
(11) If adequate and appropriate agency funds are available to implement this 19
subsection, electronic reporting shall be made available by the registry to all 20
candidates, slates of candidates, committees, contributing organizations, registered 21
fundraisers, and p ersons making independent expenditures. The electronic report 22
submitted to the registry shall be the official campaign finance report for audit and 23
other legal purposes, whether mandated or filed by choice. 24
(12) The date that an electronic or online[on-line] report shall be deemed to have been 25
filed with the registry shall be the date on which it is received by the registry. 26
(13) All electronic or online filers shall affirm, under penalty of perjury, that the report 27
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filed with the registry is complete and accurate. 1
(14) Filers who submit electronic campaign finance reports which are not readable, or 2
cannot be copied shall be deemed to not be in compliance with the requirements set 3
forth in this section. 4
(15) Beginning with the primary scheduled in calendar y ear 2020, and for each 5
subsequent election scheduled thereafter, reports required to be submitted to the 6
registry involving candidates, slates of candidates, committees, contributing 7
organizations, and independent expenditures shall be reported electronically. 8
(16) (a) On each form that the registry supplies for the reports required under 9
subsections (2), (3), and (6) of this section, the registry shall include an entry 10
reading, "No change since last report." 11
(b) If a person or entity that is required to re port under subsection (2), (3), or (6) 12
of this section has received no money, loans, or other things of value from any 13
source since the date of its last report and has not authorized, incurred, or 14
made any expenditures since that date, the person or entity may check or 15
otherwise designate the entry that reads, "No change since last report." A 16
person or entity designating this entry in a report shall state the balance 17
carried forward from the last report but need not specify receipts or 18
expenditures in further detail. 19
Section 46. KRS 121.190 is amended to read as follows: 20
(1) All newspaper or magazine advertising, posters, circulars, billboards, handbills, 21
sample ballots, digital media, and paid -for television or radio anno uncements, or 22
any other type of general public political advertising, which expressly advocate the 23
election or defeat of a clearly identified candidate, slate of candidates, or group of 24
candidates for nomination or election to any public office, or express ly advocate or 25
oppose a ballot measure, shall be identified by the words "paid for by" followed by 26
the name and address of the individual or committee which paid for the 27
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communication; except that if paid for by a candidate, slate of candidates, or 1
campaign committee, it shall be identified only by the words "paid for by" followed 2
by the name of the candidate, slate of candidates, or campaign committee, 3
whichever is applicable. For television and radio broadcasts, compliance with 4
Federal Communications Comm ission regulations regarding sponsored programs 5
and broadcasts by candidates for public office shall be considered compliance with 6
this section. 7
(2) The disclaimer described in subsection (1) of this section shall appear and be 8
presented in a clear and conspicuous manner to give the reader or observer adequate 9
notice of the identity of the purchaser of the communication. A disclaimer does not 10
comply with this section if the disclaimer is difficult to read or if the placement of 11
the disclaimer is easily overlooked. 12
(3) The provisions of subsection (1) of this section shall not apply to: 13
(a) Any news articles, editorial endorsements, opinion, or commentary writings, 14
or letter to the editor printed in a newspaper, magazine, flyer, pamphlet, or 15
other periodical not owned or controlled by a candidate or committee; 16
(b) Any editorial endorsements or opinions aired by a broadcast facility not 17
owned or controlled by a candidate or committee; 18
(c) Any communication by a person made in the regular course and scope of the 19
person's business or any communication made by a membership organization 20
solely to members of the organization and the members' families; and 21
(d) Any communication that refers to any candidate only as part of the popular 22
name of a bill or statute. 23
(4) (a) A person shall not use, cause or permit to be used, or continue to use any 24
published, distributed, or broadcast political advertising containing express 25
advocacy that the person knows does not include the disclosure required by 26
subsection (1) of this sect ion. A person is presumed to know that the use of 27
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political advertising is prohibited by this subsection if the registry notifies the 1
person in writing that the use is prohibited. 2
(b) A person who learns that political advertising signs that have been dist ributed 3
do not include the disclosure required by subsection (1) of this section or 4
include a disclosure that does not comply with subsection (1) of this section 5
does not commit a violation of this subsection if the person makes a good -6
faith attempt to rem ove or correct those signs within forty -eight (48) hours 7
and provides the registry with proof of correction. 8
(5) The management of newspapers and magazines shall keep a one (1) year record of 9
all statements, articles, or advertisements referred to in subse ction (1) of this 10
section, that appear in their publications, however, nothing in subsection (1) of this 11
section shall be construed to require editors or editorial writers of newspapers and 12
magazines to identify themselves in the manner therein required wi th any article or 13
editorial written by them as part of their duties as an employee or employer. 14
Section 47. KRS 121.220 is amended to read as follows: 15
(1) Each candidate, slate of candidates, and each committee shall, before receiving any 16
contributions or expending any money, designate one (1) primary campaign 17
depository for the purpose of depositing all contributions received and disbursing 18
all expenditures made by the candidate, slate of candidates, or committee. The 19
candidate, slate of candidates, or committee may also designate one (1) secondary 20
depository in each county in which an election is held and in which the candidate, 21
slate of candidates, or comm ittee participates. Deputy campaign treasurers may 22
make expenditures from secondary depositories but only from moneys which first 23
have been deposited in the primary campaign depository. Only a financial 24
institution authorized to transact business in Kentuc ky may be designated as a 25
campaign depository. The candidate, slate of candidates, or committee shall file the 26
name and address of each primary and secondary depository so designated at the 27
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same time the candidate, slate of candidates, or committee files t he name of his , 1
her, or its campaign treasurer. 2
(2) All funds received by the campaign treasurer or any deputy campaign treasurer of 3
any candidate, slate of candidates, or committee shall be deposited in a campaign 4
depository in an account designated "Camp aign Fund of (name of candidate or 5
committee)." For each deposit, the campaign treasurer or deputy campaign treasurer 6
shall retain a statement showing the name and business address of the permanent 7
committee, the amount contributed, and a description of th e major business, social, 8
or political interest represented by the permanent committee for each contribution 9
of any amount made by a permanent committee, and the full name, address, 10
employer of each other contributor or, if the contributor is self -employed, the name 11
under which he or she is doing business, and occupation of each contributor of 12
more than two hundred dollars ($200)[one hundred dollars ($100)] and the amount 13
contributed. Cash contributions shall be accompanied by the same receipt form. 14
Section 48. KRS 117.228 is amended to read as follows: 15
(1) [Except as provided in subsection (4) of this section, ] On the day of a primary, an 16
election, or during in-person absentee voting, if a voter is unable to provide proof of 17
identification as required under KRS 117.225, and as defined under KRS 117.001, a 18
voter may cast a ballot if the individual: 19
(a) Is eligible to vote under KRS 116.025; 20
(b) Is entitled to vote in that precinct; and 21
(c) In th e presence of the election officer, executes a voter's affirmation, on a 22
form prescribed and furnished by the State Board of Elections pursuant to 23
administrative regulations promulgated under KRS Chapter 13A, affirming: 24
1. The voter is a citizen of the United States; 25
2. The voter's date of birth to the best of the voter's knowledge and belief; 26
3. The voter is qualified to vote in this precinct under KRS 116.025; 27
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4. The voter's name, and that the voter is generally known by that name, or 1
the name is as stated on his or her voter registration card; 2
5. The voter has not voted and will not vote in any other precinct; 3
6. The voter's current residential address, including the street address 4
number and, if different from the voter's current address, the voter's 5
residential address prior to the close of the registration books under KRS 6
116.045, and the date the voter moved; 7
7. The voter understands that making a false statement on the affirmation 8
is punishable under penalties of perjury; and 9
8. The voter has one (1) of the following impediments to procure proof of 10
identification as defined in KRS 117.001: 11
a. Lack of transportation; 12
b. Inability to obtain his or her birth certificate or other documents 13
needed to show proof of identification; 14
c. Work schedule; 15
d. Lost or stolen identification; 16
e. Disability or illness; 17
f. Family responsibilities; 18
g. The proof of identification has been applied for, but not yet 19
received; or 20
h. The voter has a religious objection to being photographed. 21
(2) In addition to the requirements o f subsection (1) of this section, to cast a ballot, the 22
voter who is unable to provide proof of identification shall provide to an election 23
officer: 24
(a) [The voter's Social Security card; 25
(b) ]Any identification card issued by a county in this state which has the name of 26
the voter stated and has been approved in writing by the State Board of 27
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Elections pursuant to administrative regulations promulgated under KRS 1
Chapter 13A; or 2
(b)[(c)] Any identification card with the voter's photograph and the name of the 3
voter stated[; or 4
(d) Any food stamp identification card, electronic benefit transfer card, or 5
supplemental nutrition assistance card, that is issued by this state and has the 6
name of the voter stated]. 7
(3) After the election officer obtains the affirmatio n from the voter required by 8
subsection (1) of this section, and after the voter provides the documents under 9
subsection (2) of this section, the voter shall sign the precinct signature roster and 10
shall proceed to cast his or her vote in a ballot completion area. 11
(4) [If the voter is personally known to the election officer, the election officer may 12
execute an election officer affirmation, on a form prescribed and furnished by the 13
State Board of Elections pursuant to administrative regulations promulgated u nder 14
KRS Chapter 13A, affirming the voter's identification as being personally known to 15
him or her. Once the affirmation is executed by the election officer, the voter shall 16
sign the precinct signature roster and shall proceed to cast his or her vote in a ballot 17
completion area. For purposes of this subsection, "personally known" means that 18
the election officer knows the voter's name and that the voter is a resident of the 19
community. 20
(5) ]The voter affirmation [ and the election officer affirmations] executed under this 21
section shall be processed in the same manner as an oath of voter affidavit as 22
prescribed by KRS 117.245(3) and (4). 23
Section 49. KRS 116.114 is amended to read as follows: 24
(1) The Secretary of State, in cooperation with the State Board of Elections, shall issue 25
and present a comprehensive activity report regarding voter registration records 26
cleanup activities on or before July 1 of each year to the Legislative Research 27
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Commission for referral to the Interim Joint [appropriate] Committee on State 1
Government. The Secretary of State and the State Board of Elections shall also 2
make the report available to the public on their respective official websites. The 3
activity report shall include: 4
(a) Any activities to resolve reported anomalies per address, such as a high 5
number of people living at a single-family home address, voters registered at a 6
commercial location, or voters registered at an address that is a vacant lot; 7
(b) Any activities to resolve incidents of multiple people registered at the same 8
address with the same age that have minor variations in the spelling of the 9
name and the status of the resolution of those duplicates; 10
(c) The number of voter eligibility changes, which shal l include relocation out of 11
state, death, incarceration, expungement, and citizenship status changes; and 12
(d) Any use of a national voter registration clearinghouse system or interstate 13
agreement to remove inaccurate or fraudulent registrations and the cos t of 14
those agreements. No agreement or contract shall be entered into after April 1, 15
2025, that obligates the state to make any expenditures or efforts to register 16
unregistered persons, but agreements for the [ sole] purpose of exchanging 17
data to remove ineligible voters are expressly permitted. 18
(2) (a) The State Board of Elections shall create a data-based report on or before July 19
1 of each year, containing every address in each county that lists a registered 20
voter and the number of active and inactive vote rs registered at that address. 21
Any personal identifying information shall be redacted, and any persons 22
residing at those addresses shall not be contacted about their registration 23
except by mail. 24
(b) Citizens of each county shall have in -person access to the report at the county 25
clerk's office, as well as online access via the Secretary of State's and State 26
Board of Elections' official websites. Any discrepancies may be reported via 27
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the publicly available link on the Secretary of State's and State Board of 1
Elections' official websites. 2
(c) The Secretary of State and State Board of Elections shall provide a publicly 3
available link on their respective official websites for citizens to report 4
anomalies or discrepancies, and also a secure electronic form to allow a voter 5
currently on the registered voter rolls erroneously to voluntarily cancel his or 6
her voter registration in Kentucky. 7
Section 50. The following KRS section is repealed: 8
118.551 Definition of political party. 9
Section 51. Section 30 of this Act takes effect January 1, 2028. 10
Section 52. Whereas it is critically important to protect the integrity and 11
reliability of the electoral process in order to safeguard the fundamental right to vote, and 12
it is a reasonable legislative task to seek improvement and modernization of campaign 13
finance and election procedures without undue delay in notice to the people of the 14
Commonwealth and its election official s tasked with administering the election laws 15
within this state, an emergency is declared to exist, and Sections 1 to 27, 32, 33, 49, and 16
50 of this Act take effect upon its passage and approval by the Governor or upon its 17
otherwise becoming a law. 18