AN ACT relating to elections.

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AN ACT relating to elections. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 27A.070 is amended to read as follows: 3
(1) The Administrative Office of the Courts shall send certified notices of conviction of 4
a felony to the State Board of Elections within ten (10) days after the conviction 5
becomes final[, including the exhaustion of all appeals,] with regard to any person 6
before the courts of the Commonwealth. 7
(2) By July 24, 2026, the Administrative Office of the Courts shall send to the State 8
Board of Elections an all-time list of persons convicted of a felo ny, including any 9
persons convicted of a felony whose case is currently pending appeal, who are 10
currently ineligible to vote. The State Board of Elections shall cause the removal 11
of the name of any person identified through the list as ineligible to vote f rom the 12
voter registration records it maintains by August 4, 2026. 13
Section 2. KRS 83A.040 is amended to read as follows: 14
(1) A mayor shall be elected by the voters of each city at a regular election. A 15
candidate for mayo r shall be a resident of the city for not less than one (1) year 16
prior to his or her election. His or her term of office shall begin on the first day of 17
January following his or her election and shall be for four (4) years and until his or 18
her successor qualifies. If a person is elected or appointed as mayor in response to a 19
vacancy and serves less than four (4) calendar years, then that period of service 20
shall not be considered for purposes of re -election a term of office. A mayor shall 21
be at least twenty -one (21) years of age, shall be a qualified voter in the city, and 22
shall reside in the city throughout his or her term of office. 23
(2) If a vacancy occurs in the office of mayor, the following provisions shall apply: 24
(a) The legislative body of the city shall fill the vacancy within thirty (30) days; 25
(b) A member of the legislative body in any city organized and governed under 26
the commiss ion plan as provided by KRS 83A.140 or city manager plan as 27
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provided by KRS 83A.150 may vote for himself; 1
(c) A member of the legislative body in any city organized and governed under 2
the mayor-council plan as provided by KRS 83A.130 and in any city of the 3
first class organized under the mayor -alderman plan as provided by KRS 4
Chapter 83 shall not vote for himself; and 5
(d) The legislative body shall elect from among its members an individual to 6
preside over meetings of the legislative body during any vacancy in the office 7
of mayor in accordance with the provisions of KRS 83A.130 to 83A.150. 8
(3) When voting to fill the vacancy created by a resignation of a mayor the resigning 9
mayor shall not vote on his or her successor. 10
(4) Each legislative body member shall be elected at large by the voters of each city at 11
a regular election. A candidate for a legislative body shall be a resident of the city 12
for not less than one (1) year prior to his or her election. His or her term of office 13
shall begin on the first day of January following his or her election and shall be for 14
two (2) years, except as provided by KRS 83A.050. A member shall be at least 15
eighteen (18) years of age, shall be a qualified voter in the city, and shall reside in 16
the city throughout his or her term of office. 17
(5) (a) If one (1) or more vacancies on a legislative body occur in a way that one (1) 18
or more members remain seated, the remaining members shall within thirty 19
(30) days fill the vacancies one (1) at a time, giving each new appointee 20
reasonable notice of his or her selection as will enable him or her to meet and 21
act with the remaining members in making further appointments until all 22
vacancies are filled. 23
(b) If a majority of the membership on a legislative body is vacated as a result 24
of a judgmen t by a Circuit Court or on appeal under subsection (4) of 25
Section 12 of this Act because of an election error due to no fault of any 26
candidate or fraud, a new special election shall be called and held as soon 27
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as practicable for the bona fide candidates onl y. Members of the legislative 1
body whose term expires shall remain in office until the contest and any 2
appeals of the regular election are complete and final. 3
(c) If vacancies occur in a way that all seats become vacant, the Governor shall 4
appoint qualifie d persons to fill the vacancies sufficient to constitute a 5
quorum. Remaining vacancies shall be filled as provided in this section. 6
(6) If for any reason, any vacancy in the office of mayor or the legislative body is not 7
filled within thirty (30) days afte r it occurs, the Governor shall promptly fill the 8
vacancy by appointment of a qualified person who shall serve for the same period 9
as if otherwise appointed. 10
(7) No vacancy by reason of voluntary resignation in the office of mayor or on a 11
legislative body shall occur unless a written resignation which specifies a 12
resignation date is tendered to the legislative body. The resignation may be 13
submitted through electronic mail if it originates from the official's electronic mail 14
address and includes also the off icial's handwritten signature. The resignation shall 15
be effective at the next regular or special meeting of the city legislative body 16
occurring on or after the date specified in the written letter of resignation. If a 17
resignation date is not specified, the written resignation shall be deemed to become 18
effective at the first regular or special meeting of the legislative body occurring on 19
or after its receipt. 20
(8) Pursuant to KRS 118.305(7), if a vacancy occurs which is required by law to be 21
filled temporarily by appointment, the legislative body or the Governor, whichever 22
is designated to make the appointment, shall immediately notify in writing both the 23
county clerk and the Secretary of State of the vacancy. 24
(9) Except in cities of the first class, any elect ed officer, in case of misconduct, 25
incapacity, or willful neglect in the performance of the duties of his or her office, 26
may be removed from office by a unanimous vote of the members of the legislative 27
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body exclusive of any member to be removed, who shall not vote in the deliberation 1
of his or her removal. No elected officer shall be removed without having been 2
given the right to a full public hearing. The officer, if removed, shall have the right 3
to appeal to the Circuit Court of the county and the appeal shall be on the record. 4
No officer so removed shall be eligible to fill the office vacated before the 5
expiration of the term to which originally elected. 6
(10) Removal of an elected officer in cities of the first class shall be governed by the 7
provisions of KRS 83.660. 8
SECTION 3. A NEW SECTION OF KRS CHAPTER 116 IS CREATED TO 9
READ AS FOLLOWS: 10
(1) The State Board of Elections is authorized to enter into agreements with agencies 11
of the federal government to identify individu als who are not citizens of the 12
United States and who are registered to vote in this state. 13
(2) (a) Any agreement entered into in accordance with this section shall have its 14
terms agreed to in a written memorandum of understanding or similar 15
document signed by individuals authorized to do so from the federal agency 16
and the State Board of Elections. 17
(b) The document agreed to shall contain, at a minimum, provisions 18
guaranteeing the following: 19
1. The federal agency shall be provided with a copy of the roster of all 20
qualified registered voters within the state maintained by the State 21
Board of Elections pursuant to KRS 117.025; 22
2. The copy of the roster that is provided to the federal agency shall 23
include only the name, date of birth, and last four (4) digits of the 24
Social Security number, if available, of registered voters within the 25
state; 26
3. The copy of the roster that is provided to the federal agency shall not 27
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include any other information, including but not limited to the 1
residential or mailing address, dri ver's license number, voting history, 2
or political party affiliation of registered voters within the state; and 3
4. The federal agency shall be prohibited from acquiring a copy of the 4
roster under KRS 117.025(3)(i). 5
(3) For all individuals who are identifie d as being a noncitizen through an 6
agreement authorized by this section, the State Board of Elections shall: 7
(a) Mark the individual's registration in the roster of all qualified registered 8
voters maintained pursuant to KRS 117.025(3)(a) in such a way that 9
indicates on the voter registration system and any e -poll book that the 10
individual has been identified as a noncitizen; and 11
(b) Mail the individual a notice stating that he or she has been identified by the 12
federal government as being a noncitizen who is registered to vote in the 13
Commonwealth, and informing the individual of the steps he or she must 14
take before he or she may cast a ballot again. 15
(4) An individual identified as a noncitizen on the roster of qualified voters shall not 16
cast a ballot until his or her United States citizenship is verified. To verify his or 17
her United States citizenship, he or she shall present one (1) or more of the 18
following at the office of his or her county clerk or at a voting location: 19
(a) A United States birth certificate that meets all the following requirements: 20
1. Is issued by the city, county, or state of birth; 21
2. Lists the applicant's full name, date of birth, and place of birth; 22
3. Lists the applicant's parent or parents and their full names; 23
4. Has the signature of the city, county, or state registrar; 24
5. Has the date it was filed with the registrar's office; and 25
6. Has the seal or stamp of t he city, county, or state in which it was 26
issued; 27
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(b) An undamaged United States passport that is or was valid for ten (10) years 1
for adults or five (5) years for children under sixteen (16) and does not 2
contain a United States National endorsement; 3
(c) A Consular Report of Birth Abroad or Certification of Birth; 4
(d) A Certificate of Naturalization; or 5
(e) A Certificate of Citizenship. 6
(5) If an individual identified as a noncitizen on the roster of qualified voters 7
presents documentation verifying his or her United States citizenship at his or her 8
county clerk's office, the county clerk shall make a copy of the documentation 9
presented and record the copy in the voter registration system. The county clerk 10
shall then immediately notify the State Board of Elec tions of the presented 11
documentation and the board shall remove the mark from the voter's registration 12
that indicates he or she was identified as a noncitizen on the roster of qualified 13
voters. 14
(6) If an individual identified as a noncitizen on the roster of qualified voters appears 15
at a voting location to vote, the election officer shall allow the voter to cast a 16
provisional ballot only after the voter has attested under penalty of perjury that he 17
or she is a United States citizen on a form provided by the State Board of 18
Elections. 19
(7) An individual identified as a noncitizen on the roster of qualified voters shall be 20
purged from the roster of qualified voters if the individual does not verify his or 21
her United States citizenship before the day after the da te of the second general 22
election for federal office that occurs after the individual was identified as a 23
noncitizen on the roster of qualified voters. 24
(8) The voter registration of all individuals who are identified as being a noncitizen 25
through an agreem ent authorized by this section shall be forwarded by the State 26
Board of Elections to the Unit of Election Investigations and Security within the 27
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Office of the Attorney General. If the citizenship of an individual identified as a 1
noncitizen is later verifie d by the applicable federal agency or through the 2
procedures in this section, the State Board of Elections shall notify the Unit of 3
Election Investigations and Security within the Office of the Attorney General of 4
that fact. 5
Section 4. KRS 116.113 is amended to read as follows: 6
(1) (a) Upon receipt of notification from the Cabinet for Health and Family Services 7
or other reliable sources of the death of a person, the State Board of Elections 8
shall within five (5) days caus e the removal of the name of that person from 9
the voter registration records it maintains, except that no voter's name may be 10
removed during the period of time the registration books are closed for any 11
primary, general, or special election. 12
(b) To ensure t hat the State Board of Elections accurately removes names from 13
the voter registration records it maintains, the Cabinet for Health and Family 14
Services shall provide a copy of the lifetime Kentucky death records to the 15
State Board of Elections on or before July 1 of each year. 16
(2) Upon receipt of notification from the circuit clerk that a person has been declared 17
incompetent, the State Board of Elections shall within five (5) days cause the 18
removal of the name of that person from the voter registration recor ds it maintains, 19
except that no voter's name may be removed during the period of time the 20
registration books are closed for any primary, general, or special election. 21
(3) Upon receipt of notification from the Administrative Office of the Courts that a 22
person has been excused from jury duty for not being a citizen of the United States, 23
the State Board of Elections shall within five (5) days cause the removal of the 24
name of that person from the voter registration records it maintains, except that no 25
voter's name may be removed during the period of time the registration books are 26
closed for any primary, general, or special election. 27
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(4) Upon receipt of notification from the Administrative Office of the Courts or the 1
United States Department of Justice that a pe rson has been convicted of a felony 2
offense, including persons convicted of a felony offense whose case is currently 3
on appeal, the State Board of Elections shall within five (5) days cause the removal 4
of the name of that person from the voter registration records it maintains, except 5
that no voter's name may be removed during the period of time the registration 6
books are closed for any primary, general, or special election. 7
(5) Upon receipt of notification from a local or state jurisdiction that a voter ha s 8
registered to vote in the new local or state jurisdiction outside of the 9
Commonwealth, the State Board of Elections shall within five (5) days cause the 10
removal of the name of that person from the voter registration records that it 11
maintains, except that no voter's name may be removed during the period of time 12
the registration books are closed for any primary, regular election, or special 13
election. 14
(6) (a) Following the purge of a name from the records of the State Board of 15
Elections:[,] 16
1. The state board shall notify the clerk of the county in which the voter 17
lived of the action; and 18
2. The county clerk shall within ten (10) days update the county voter 19
registration files to reflect the necessary change. 20
(b) 1. If a protest is filed by the voter, the county board shall hear it at its next 21
regular monthly meeting. 22
2. If the county board decides in favor of the protesting voter, the voter's 23
registration record shall be restored, including his or her voting record. 24
3. If the protest is filed wh ile the registration books are closed and the 25
county board decides in favor of the protesting voter, the county board 26
shall issue the voter an "Authorization to Vote" for the upcoming 27
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election and the voter's record shall be restored when the registration 1
books open following the election. 2
Section 5. KRS 117.125 is amended to read as follows: 3
(1) A[No] voting system or voting equipment shall be approved for use [ after January 4
1, 2024,] by the State Board of Elections, eit her upon initial examination or 5
reexamination, and [ no] voting equipment or a voting system shall not be 6
purchased[ after July 14, 2022,] unless the system and equipment has been certified 7
under KRS 117.379 and is so constructed that it shall: 8
(a)[(1)] Ensure secrecy to the voter in the act of voting so that no person can see 9
or know for whom any other voter has voted or is voting, except f or those 10
voters requiring assistance under KRS 117.255; 11
(b)[(2)] Permit votes to be cast for any candidate entitled to have his or her name 12
printed upon the ballots at any primary, regular election, or special election, 13
and for or against any public question entitled to be placed upon the ballots; 14
(c)[(3)] Except at a primary, permit a voter to vote for all the candidates of one 15
(1) party or for one (1) or more candidates of every party having candidates 16
entitled to be voted for, or for one (1) or more inde pendent, political 17
organization, or political group candidates; 18
(d)[(4)] Permit a voter to vote for as many persons for an office as the voter is 19
lawfully entitled to vote for, and no more; 20
(e)[(5)] Prevent a voter from voting for more persons for any offi ce than the 21
voter is entitled to vote for, and from voting for the same person, or for or 22
against the same question, more than once; 23
(f)[(6)] Permit a voter to vote for or against any question the voter may have the 24
right to vote on, but no other; 25
(g)[(7)] Provide for a nonpartisan ballot; 26
(h)[(8)] Be capable of being adjusted for use in a primary so that a voter may not 27
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vote for any person except those seeking nomination as candidates of the 1
voter's party, as candidates for a nonpartisan office, or as cand idates for an 2
office of the Court of Justice; 3
(i)[(9)] Permit each voter to vote for all the candidates for presidential electors 4
of any party by one (1) operation; 5
(j)[(10)] Permit each voter to vote, in any regular or special election, for any 6
person for whom the voter desires to vote whose name does not appear upon 7
the ballot by providing a method of write-in voting; 8
(k)[(11)] Be safe, efficient, and accurate in the conduct of elections, and correctly 9
register and accurately count all votes cast for each person, and for or against 10
each public question; 11
(l) 1.[(12) (a)] Provide each voter an opportunity to verify votes recorded 12
on the permanent paper ballot, either visually or using assistive voting 13
technology, by producing a voter-verified paper audit trail; 14
2.[(b)] Provide each voter an opportunity to change votes or correct any 15
error before the voter's ballot is cast and counted; and 16
3.[(c)] Provide a voter who spoils his or her ballot another ballot as 17
provided under this chapter; 18
(m)[(13)] Use an individual, discrete, permanent, paper ballot cast by the voter for 19
tabulating purposes; 20
(n)[(14)] Preserve the paper ballot as an official record available for use in any 21
audit or recount; 22
(o)[(15)] Be suitably designed for the purpose used, constructed of a d urable 23
material, and safely transportable; 24
(p)[(16)] Be capable of determining whether the voting equipment has been 25
unlocked and operated or adjusted in any manner after once being locked; 26
(q)[(17)] Have a public counter with a register which is visible from the outside 27
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of the counter or device that will sh ow at all times during an election how 1
many persons have voted; 2
(r)[(18)] Have a protective cumulative counter indicating the number of votes 3
cast for each person, and the votes cast for or against each public question 4
which cannot be seen, reset, or tampe red with without unlocking a covering 5
device by a key or other security apparatus that cannot unlock any other part 6
of the equipment, and which prevents changes to the cumulative counter once 7
the system has been put into operation on the day of any election; 8
(s)[(19)] Provide for the tabulating of votes at the precinct as required under KRS 9
117.275; 10
(t)[(20)] Provide locks or other security apparatus by which the operation of the 11
voting equipment may be locked before the time for opening the polls and 12
after the time for closing the polls; 13
(u)[(21)] Permit a voter to readily learn the method of operating it, to 14
expeditiously cast a vote for all candidates and on all questions of the voter's 15
choice, and when operated properly, register and record correctly and 16
accurately every vote cast; 17
(v)[(22)] Bear a number or other unique designation that will distinguish it from 18
any other voting equipment or voting system; 19
(w)[(23)] Produce a real-time audit log record for the voting system, and produce 20
a paper record wit h a manual audit capacity which shall be available as an 21
official record for any recount conducted related to any primary or election in 22
which the system is used; 23
(x)[(24)] Be accessible for individuals with impairments, including nonvisual 24
accessibility for the blind or visually impaired, in a manner that provides the 25
same opportunity for access and participation, including privacy and 26
independence, as for other voters; 27
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(y)[(25)] Prohibit voting equipment that tabulates or aggregates votes used in 1
official results from connecting to any network, including the internet, or 2
communicating with any device external to the voting system; 3
(z) Prohibit voting equipment that utilizes nonhuman readable codes, including 4
but not limited to barcodes, QR codes, or other encrypted markings, to 5
represent or tabulate a voter's choices; 6
(aa)[(26)] Meet or exceed the standards for a voting system established by the 7
Election Assistance Commission, as amended from time to time, and those 8
approved under KRS 117.379; and 9
(ab)[(27)] Meet such other requirements as may be established by the State Board 10
of Elections in administrative regulations promulgated in accordance 11
with[under] KRS Chapter 13A to reflect changes in technology to ensure the 12
integrity and security of voting systems. 13
(2) Notwithstanding the requirements of subsection (1) of this section, c ontinued use 14
of a voting system and all voting equipment that was approved for use by the State 15
Board of Elections as of the effective date of this Act, and was utilized by a county 16
before the effective date of this Act, shall be allowed until such time as a 17
replacement voting system is acquired by the county. 18
Section 6. KRS 117.155 is amended to read as follows: 19
The county clerk shall place all ballots required to be placed upon voting equipment in 20
such a manner as will most nearly conform to the plan of arrangement prescribed by the 21
Secretary of State under KRS 118.215. The county clerk shall then see that the counters 22
referred to in KRS 117.125 (1)(q)[(17)] and (1)(r)[(18)] are set at zero, and shall lock the 23
operating d evice and mechanism and the devices protecting the counters and ballots, 24
which shall then be covered with a tamper -resistant seal. The county clerk shall then 25
enter in an appropriate book, opposite the number of each precinct the distinguishing 26
number of the voting equipment or the unique designation to be used in that precinct. 27
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Section 7. KRS 117.205 is amended to read as follows: 1
Before the polls are open, and before permitting any person to vote on the day of the 2
election, the election officers shall examine the voting equipment to ascertain whether it 3
has been operated since the counters referred to in KRS 117.125 (1)(q)[(17)] and 4
(1)(r)[(18)] were set at zero, and to ascertain whether the ballots are arranged as 5
previously specified. If the voting equipment indicates that it has been operated or if the 6
ballots are not properly arranged, the officers shall not unlock the operating device or 7
mechanism, but shall immediately secure the attendance of the county clerk and on e (1) 8
member of the county board of elections other than the county clerk, who shall reset the 9
counters at zero and relock the device covering the counters, or properly arrange the 10
ballots, as the case may be, in the presence of the election officers. If t he attendance of 11
members of the board of elections cannot be obtained before the opening of the polls or 12
within one (1) hour thereafter, the election officers shall notify the county clerk of the 13
foregoing facts and obtain from the county clerk reserve vot ing equipment, and proceed 14
to conduct the election. Any reserve voting equipment shall have been certified for use at 15
the election by the county board of elections and prepared for use at the election by the 16
election officers in the precinct in the same ma nner as the original voting equipment was 17
prepared for the election. The voting equipment found to have been so operated shall be 18
returned immediately to the custody of the county clerk, whose duty it shall be to 19
promptly repair same so that it may be used as reserve voting equipment in the election if 20
needed. 21
Section 8. KRS 117.383 is amended to read as follows: 22
The State Board of Elections shall promulgate administrative regulations in accordance 23
with[under] KRS Chapter 13A which shall maintain the maximum degree of correctness, 24
impartiality, and efficiency of the procedures of voting and shall provide methods to: 25
(1) Count, tabulate, and record votes; 26
(2) Place items on any ballot which shall, as closely as possible, fo llow the 27
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requirements pertaining to ballots; 1
(3) Design the ballots to include a system to ensure an accurate record of all voting 2
activities; 3
(4) Instruct voters in the use of the voting system, including any ballot marking device; 4
(5) Provide for checking the accuracy of the voting system; 5
(6) Provide necessary supplies, including those necessary for a write -in vote, to ensure 6
voter privacy; 7
(7) Provide for the conducting and review of an audit of any component of a voting 8
system or any voting equipment, and a review of any audit log; 9
(8) Provide for the conducting and review of an election audit which shall establish the 10
protocol by which ballots are checked, compared, and verified with the results 11
produced by vote tallying equipment to ensure accuracy through a hand -to-eye 12
audit defined and conducted as follows: 13
(a) To validate the accuracy and fidelity of the vote tabulation, the Secretary of 14
State or his or her designee shall randomly select, in all counties of the 15
Commonwealth, one (1) ballot scanner and one (1) race tabulated on that 16
scanner, which shall have more than ten (10) votes cast, for a hand -to-eye 17
audit to be performed by each county board of elections or its designee . 18
Counties shall send a list for selection to the Secretary of State's Office that 19
only includes ballot scanners which recorded more than ten (10) votes cast; 20
(b) The sealed ballot boxes and signed tabulator tally tape or record from election 21
day, as established in KRS 117.275, shall be provided by the county board of 22
elections at an agreed upon location, and shall be accessible for public 23
viewing. The sealed ballots are only to be unsealed in the presence of the 24
county board of elections or its designee and public witnesses; 25
(c) A minimum of two (2) qualified poll workers, not of the same political party, 26
shall be selected from lists of available volunteers, sworn in by the county 27
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board of elections or its designee to do the hand -to-eye audit, and 1
compensated at the local poll worker rate. A video recording device shall be 2
used for recording the event and it may be streamed for public internet 3
viewing. A request under the Kentucky Open Records Act, KRS 61.870 to 4
61.884, for this video after an election shall be made during the sixty (60) 5
consecutive days following the election, and the video may be disposed of 6
after those sixty (60) days, or upon compliance with the Kentucky Open 7
Records Act or the closure of an investigation or any litigation, including 8
appeals, in a District, Circuit, or federal court, whichever is later; 9
(d) Ballots are to be aligned for stacking as needed, then viewed one (1) at a time, 10
with each volunteer making a tally mark on a tally sheet for each vote cast for 11
each candidate. Any ballots that are disputed or unclearly marked shall be set 12
aside and the county board of elections or its designee shall determine voter 13
intent; 14
(e) Once the hand-to-eye audit is completed, each volunteer shall add up the tally 15
marks for each candidate, write down a total number of votes for each 16
candidate, and sign the tally sheet. The county board of elections or its 17
designee shall verify if the two (2) separate hand -to-eye tallies match. If the 18
two (2) hand -to-eye tallies do not match each other, the process must be 19
repeated until the totals are matching. Once this occurs, the county board of 20
elections or its designee shall also verify the tallies by signing each tally sheet. 21
Then, the ballots must be returned to the ballot box and resealed in the 22
presence of the county board of elections or its designee and public witnesses; 23
(f) The county board of elections or its designee shall compare the signed register 24
tape total from the vote tabulation machine on election day to the hand -to-eye 25
tallies. If there is a discrepancy between the machine count and the hand -to-26
eye audit, other than instances of voter intent markings o utside the designated 27
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marking area on the paper ballot that were unreadable by the scanner, or 1
unscanned overvotes resulting from two (2) or more voter intent marks on the 2
same race, the county board of elections or its designee shall open an election 3
investigation including a review of election day irregularity reports. If more 4
discrepancies are found, the county board of elections or its designee shall 5
broaden the investigation until the reason for the discrepancy is discovered 6
and subsequently resolved. A determination as to whether the outcome of the 7
race could have been impacted by the discrepancies shall be made and any 8
findings shall be reported to the Attorney General and Secretary of State; and 9
(g) The county board of elections or its designee shall examine the electronic or 10
paper sign -in records from the precinct or vote center and validate that the 11
ballots cast and recounted were less than or equal to the sign -in records for 12
that precinct or vote center. If the cast ballots for the precinct or vote center 13
exceed the number of voters on the sign -in records for the precinct or vote 14
center, the county board of elections shall open an election investigation and 15
report the findings to the Attorney General and Secretary of State; 16
(9) Provide a method for maintaining sufficient documents, including ballots and 17
records, so that votes can be recounted; 18
(10) Ensure the county board of elections produces accurate precinct -by-precinct 19
summaries of tabulation sheets showing the results of each precinct during in -20
person absentee voting, election day voting, and when a county is approved to use a 21
vote center; 22
(11) Except as otherwise required in this chapter, all records and papers relating to 23
specified elections be retained for twenty -two (22) months, such document s and 24
records shall be maintained for thirty (30) days following an election; and 25
(12) Unless contrary to the Help America Vote Act of 2002, ensure that all federal 26
provisional voting shall be conducted in a manner as prescribed by KRS Chapters 27
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116 to 120. 1
Section 9. KRS 118.176 is amended to read as follows: 2
(1) A "bona fide" candidate means one who is seeking nomination in a primary or 3
election in a special or regular election according to law. 4
(2) The bona fides of any candidate seeking nomination as the nominee of a political 5
party or a nonpartisan or judicial nominee in a primary or election to an office as a 6
member of a political organization, political group, or as an independent in a special 7
or regular election may be questioned by any qualified voter entitled to vote for the 8
candidate or by an opposing candidate by summary proceedings consisting of a 9
motion before the Circuit Court of the judicial circuit in which the candidate whose 10
bona fides is questioned reside s. An action regarding the bona fides of the nominee 11
of a political party or a nonpartisan or judicial nominee may be commenced at any 12
time prior to the primary. An action regarding the bona fides for election to an 13
office as a member of a political organi zation, political group, or as an independent 14
may be commenced at any time prior to a special or regular election. The motion 15
shall be tried summarily and without delay. Proof may be heard orally, and upon 16
motion of either party shall be officially reporte d. If the Circuit Judge of the circuit 17
in which the proceeding is filed is disqualified or absent from the county or is 18
herself or himself a candidate, the proceeding may be presented to, heard and 19
determined by the Circuit Judge of any adjoining judicial circuit. 20
(3) In any action or proceeding under this section the burden of proof as to the bona 21
fides of a candidate shall be on the person challenging the bona fides of a candidate. 22
(4) If the court finds the candidate is not a bona fide candidate: 23
(a) It shall so order, and certify the fact to the board of elections, and the 24
candidate's name shall be stricken from the written designation of election 25
officers filed with the board of elections or the court may refuse recognition 26
or relief in a mandatory or injunctive way;[.] 27
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(b) The order of the Circuit Court shall be entered on the order book of the court 1
and shall be subject to a motion to set aside in the Court of Appeals. The 2
motion shall be heard by the Court of Appeals or a judge thereof in the 3
manner provided for dissolving or granting injunctions, except that the motion 4
shall be made before the court or judge within five (5) days after the entry of 5
the order in the Circuit Court, and may be heard and tried upon the original 6
papers, and the order of the Court of Appeals or judge thereof shall be final ; 7
and 8
(c) The person bringing the action shall be entitled to and awarded his or her 9
reasonable attorney's fees, expert witness fees, and other court costs for trial 10
and appeal, and those fees and costs shal l be taxed against the candidate or 11
his or her campaign committee after the timely filing of a bill of costs with 12
the Circuit Court. 13
(5) No person shall approach the Circuit Judge for the purpose or view of influencing 14
his or her decision on the motion pen ding before the Circuit Judge or to be tried by 15
him or her. 16
Section 10. KRS 118.405 is amended to read as follows: 17
(1) No candidate's name shall appear on any ballot, including any federal provisional 18
ballot, federal provisional absentee ballot, or absentee ballot more than once, except 19
that a candidate's name may appear twice if he or she: 20
(a) Is a candidate for a primary or a regular election and also a candidate to fill a 21
vacancy in the same office required to be filled at a special election, when the 22
special election to fill a vacancy is scheduled for the regular election day; or 23
(b) Is a candidate for two (2) different federal offices on the same ballot, if one 24
(1) of the offices is decided by the United States Electoral College and the 25
person currently holds an elected federal office. 26
(2) Subsection (1)(b) of this section shall not be construed to permit a person to ho ld 27
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two (2) incompatible offices simultaneously in violation of the Constitution of the 1
United States, Constitution of Kentucky, or any applicable state or federal law. 2
SECTION 11. A NEW SECTION OF KRS CHAPTER 118A IS CRE ATED 3
TO READ AS FOLLOWS: 4
(1) A candidate for judicial office may publicly disclose his or her political party 5
affiliation, including but not limited to: 6
(a) Identifying themselves as a member of a political party; 7
(b) Stating current voter registration status or past or current party affiliation; 8
and 9
(c) Communicating political values or viewpoints consistent with his or her 10
party affiliation. 11
(2) A candidate for judicial office shall not: 12
(a) Claim to be the official nominee of a political party for judicial office; 13
(b) Use language or materials that imply nomination, designation, or 14
endorsement by a political party; or 15
(c) Use party symbols, slogans, or imagery in a manner that would mislead a 16
reasonable person to beli eve the candidate is running in a partisan election 17
or was selected by a political party to represent it. 18
(3) This section shall not be construed to authorize partisan elections for judicial 19
office or to permit political party nomination, designation, or b allot labeling of 20
candidates for judicial office. 21
Section 12. KRS 120.165 is amended to read as follows: 22
(1) A contest instituted under KRS 120.155 shall proceed as equity actions. Upon 23
return of the summons properly exe cuted to the office of the circuit clerk, he or she 24
shall immediately docket the case and notify the presiding judge of the court that 25
the contest has been filed. The judge shall proceed to a trial of the cause without 26
delay. In courts having more than one (1) judge, the judge who shall try the case 27
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shall be determined by lot. The court shall complete the case as soon as practicable. 1
The action shall have precedence over all other cases. 2
(2) The evidence in chief for the contestant shall be completed within thirty (30) days 3
after service of summons; the evidence for the contestee shall be completed within 4
twenty-five (25) days after filing of answer, and evidence for contestant in rebuttal 5
shall be completed within seven (7) days after the contestee has conc luded; 6
provided that for cause the court may grant a reasonable extension of time to either 7
party. 8
(3) All voting machines, voting equipment, or voting systems, ballots, stub books, and 9
other papers concerning which there is any ground for contest may be r emoved to 10
the court in which the action is pending. 11
(4) If it appears from an inspection of the whole record that there has been such fraud, 12
intimidation, bribery, or violence in the conduct of the election that neither 13
contestant nor contestee can be judg ed to have been fairly elected, the Circuit 14
Court, or an appellate court [,] on appeal, may adjudge that there has been no 15
election. In that event the office shall be deemed vacant, with the same legal effect 16
as if the person elected had refused to qualify. In the event a majority of the offices 17
of a legislative body are deemed vacant under subsection (5)(b) of Section 2 of 18
this Act, the county clerk and local board of elections shall call a special election 19
of the bona fide candidates who previously qualifi ed as soon as practicable, 20
within at least forty -five (45) days of the declaration of vacancies becoming final 21
orders. If one (1) of the parties is adjudged by the court to be elected to the office, 22
he or she shall, on production of a copy of the final jud gment, be permitted to 23
qualify or be commissioned. 24
(5) If an election contest brought under this section is successful, as determined by 25
the Circuit Court or an appellate court on appeal, the contestant shall be entitled 26
to recover reasonable attorney's fe es, expert witness fees, and other court costs. 27
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The fees and costs shall be taxed by the court against the local board of elections 1
or against any party adjudicated to have engaged in fraud, intimidation, bribery, 2
or violence that prevented either the cont estant or contestee from being fairly 3
elected. 4
Section 13. KRS 121.015 is amended to read as follows: 5
As used in this chapter: 6
(1) "Registry" means the Kentucky Registry of Election Finance; 7
(2) "Election" means any prim ary, regular, or special election to fill vacancies 8
regardless of whether a candidate or slate of candidates is opposed or unopposed in 9
an election. Each primary, regular, or special election shall be considered a separate 10
election; 11
(3) "Committee" includes the following: 12
(a) "Campaign committee," which means one (1) or more persons who receive 13
contributions and make expenditures to support or oppose one (1) or more 14
specific candidates or slates of candidates for nomination or election to any 15
state, county, city, or district office, that is authorized by the candidate or slate 16
of candidates to receive contributions, make expenditures, and generally 17
conduct a campaign for the candidate or slate of candidates, but does not 18
include an entity established solely by a candidate which is managed solely by 19
a candidate and a campaign treasurer and whose name is generic in nature, 20
such as "Friends of (the candidate)," and does not reflect that other persons 21
have structured themselves as a committee, designated officers of the 22
committee, and assigned responsibilities and duties to each officer with the 23
purpose of managing a campaign to support or oppose a candidate in an 24
election; 25
(b) "Independent expenditure -only committee," which means one (1) or more 26
persons who recei ve unlimited contributions for the purpose of making only 27
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independent expenditures to support or oppose one (1) or more specific 1
candidates or slates of candidates for nomination or election to any state, 2
county, city, or district office; 3
(c) "Caucus campa ign committee," which means members of one (1) of the 4
following caucus groups who receive contributions and make expenditures to 5
support or oppose one (1) or more specific candidates or slates of candidates 6
for nomination or election, or a committee: 7
1. House Democratic caucus campaign committee; 8
2. House Republican caucus campaign committee; 9
3. Senate Democratic caucus campaign committee; 10
4. Senate Republican caucus campaign committee; or 11
5. Subdivisions of the state executive committee of a minor political party, 12
which serve the same function as the above -named committees, as 13
determined by regulations promulgated by the registry; 14
(d) "Political issues committee," which means three (3) or more persons joining 15
together to advocate or oppose a ballot measure if that committee receives or 16
expends money in excess of one thousand dollars ($1,000); 17
(e) "Permanent committee," which means a group of individuals, including an 18
association, committee, or organization, other than a campaign committee, 19
independent expenditure -only committee, federally registered political 20
committee, political issues committee, inaugural committee, caucus campaign 21
committee, or party executive committee, which is established as, or intended 22
to be, a permanent organization having as a primary purpose expressly 23
advocating the election or defeat of one (1) or more clearly identified 24
candidates, slates of candidates, or political parties, which functions on a 25
regular basis throughout the year; 26
(f) [An ] "Executive committee of a political party ," which means a political 27
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committee that is a subdivision of a national political party committee and 1
operates within the structure and under the supervision of the state 2
executive committee of that same political party. Political parties may 3
support candidates for public office, raise and spend money for their 4
internal operations, and are governed by a committee that is elected by the 5
voters in that subdivision in a manner not inconsistent wi th the rules of that 6
same political party; and 7
(g) "Inaugural committee," which means one (1) or more persons who receive 8
contributions and make expenditures in support of inauguration activities for 9
any candidate or slate of candidates elected to any stat e, county, city, or 10
district office; 11
(4) "Contributing organization" means a group which merely contributes to candidates, 12
slates of candidates, campaign committees, caucus campaign committees, or 13
executive committees from time to time from funds derived s olely from within the 14
group, and which does not solicit or receive funds from sources outside the group 15
itself. Any contributions made by the groups in excess of one hundred dollars 16
($100) shall be reported to the registry; 17
(5) "Testimonial affair" means an affair held in honor of a person who holds or who is 18
or was a candidate for nomination or election to a political office in this state 19
designed to raise funds for any purpose not charitable, religious, or educational; 20
(6) "Contribution" means any: 21
(a) Payment, distribution, loan, deposit, or gift of money or other thing of value, 22
to a candidate, his or her agent, a slate of candidates, its authorized agent, a 23
committee, or contributing organization. As used in this subsection, "loan" 24
shall include a guara ntee, endorsement, or other form of security where the 25
risk of nonpayment rests with the surety, guarantor, or endorser, as well as 26
with a committee, contributing organization, candidate, slate of candidates, or 27
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other primary obligor. No person shall becom e liable as surety, endorser, or 1
guarantor for any sum in any one (1) election which, when combined with all 2
other contributions the individual makes to a candidate, his or her agent, a 3
slate of candidates, its agent, a committee, or a contributing organiz ation, 4
exceeds the contribution limits provided in KRS 121.150; 5
(b) Payment by any person other than the candidate, his or her authorized 6
treasurer, a slate of candidates, its authorized treasurer, a committee, or a 7
contributing organization, of compensati on for the personal services of 8
another person which are rendered to a candidate, slate of candidates, 9
committee, or contributing organization, or for inauguration activities; 10
(c) Goods, advertising, or services with a value of more than one hundred dollar s 11
($100) in the aggregate in any one (1) election which are furnished to a 12
candidate, slate of candidates, committee, or contributing organization or for 13
inauguration activities without charge, or at a rate which is less than the rate 14
normally charged for the goods or services; or 15
(d) Payment by any person other than a candidate, his or her authorized treasurer, 16
a slate of candidates, its authorized treasurer, a committee, or contributing 17
organization for any goods or services with a value of more than one hundred 18
dollars ($100) in the aggregate in any one (1) election which are utilized by a 19
candidate, slate of candidates, committee, or contributing organization, or for 20
inauguration activities; 21
(7) Notwithstanding the foregoing meanings of "contribution," t he word shall not be 22
construed to include: 23
(a) Services provided without compensation by individuals volunteering a portion 24
or all of their time on behalf of a candidate, a slate of candidates, committee, 25
or contributing organization; 26
(b) A loan of money b y any financial institution doing business in Kentucky 27
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made in accordance with applicable banking laws and regulations and in the 1
ordinary course of business;[ or] 2
(c) An independent expenditure by any individual or permanent committee; or 3
(d) Any processing fee, transaction fee, or service charge deducted by a third -4
party payment processor, credit card issuer, or electronic payment service, 5
provided that the fee is a standard commercial charge for the service 6
rendered; 7
(8) "Candidate" means any person who has received contributions or made 8
expenditures, has appointed a campaign treasurer, or has given his or her consent 9
for any other person to receive contributions or make expenditures with a view to 10
bringing about his or her nomination or election to a non federal public office, 11
except as provided in KRS 121.180(10)(b); 12
(9) "Slate of candidates" means: 13
(a) Between the time a certificate or petition of nomination has been filed for a 14
candidate for the office of Governor under KRS 118.365 and the time the 15
candidate designates a running mate for the office of Lieutenant Governor 16
under KRS 118.126, a slate of candidates consists of the candidate for the 17
office of Governor; and 18
(b) After that candidate has designated a running mate under KRS 118.126, that 19
same sla te of candidates consists of that same candidate for the office of 20
Governor and the candidate's running mate for the office of Lieutenant 21
Governor. Unless the context requires otherwise, any provision of law that 22
applies to a candidate shall also apply to a slate of candidates; 23
(10) "Knowingly" means, with respect to conduct or to a circumstance described by a 24
statute defining an offense, that a person is aware or should have been aware that 25
his or her conduct is of that nature or that the circumstance exists; 26
(11) "Fundraiser" means an individual who directly solicits and secures contributions on 27
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behalf of a candidate or slate of candidates for a statewide -elected state office or an 1
office in a jurisdiction with a population in excess of two hundred thousan d 2
(200,000) residents; 3
(12) "Independent expenditure" means: 4
(a) The expenditure of money or other things of value for a communication which 5
expressly advocates the election or defeat of a clearly identified candidate or 6
slate of candidates, and which: 7
1. Is made without any coordination, consultation, or cooperation with any 8
candidate, slate of candidates, campaign committee, or any authorized 9
person acting on behalf of any of them; and 10
2. Is not made in concert with, or at the request or suggestion of any 11
candidate, slate of candidates, campaign committee, or any authorized 12
person acting on behalf of any of them; or 13
(b) The expenditure of money or other things of value for a communication which 14
expressly advocates or opposes a ballot measure, and which: 15
1. Is made without any coordination, consultation, or cooperation with any 16
political issues committee, or any authorized person acting on behalf of 17
a political issues committee; and 18
2. Is not made in concert with, or at the request or suggestion of, any 19
political issues committee, or any authorized person acting on behalf of 20
a political issues committee; 21
(13) "Electronic re porting" means the use of technology, having electrical, digital, 22
magnetic, wireless, optical, electromagnetic, or similar capabilities, by which an 23
individual or other entity submits, compiles, or transmits campaign finance reports 24
to the registry, or by which the registry receives, stores, analyzes, or discloses the 25
reports; 26
(14) "Security procedure" means a procedure employed for the purpose of verifying that 27
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an electronic signature, record, or performance is that of a specific person or for 1
detecting ch anges or errors in the information in an electronic record. The term 2
includes a procedure that requires the use of algorithms or other codes, identifying 3
words or numbers, encryption, or callback or other acknowledgment procedures; 4
(15) "Electronic signature" means an electronic sound, symbol, or process attached to or 5
logically associated with a record and executed or adopted by a person with the 6
intent to sign the record; 7
(16) "Filer" means any candidate, a slate of candidates, committee, or other individual or 8
entity required to submit financial disclosure reports to the registry; 9
(17) "Filer-side software" means software provided to or used by the filer that enables 10
transmittal of financial reports to the registry; 11
(18) "Form" means an online web page or an electronic document designed to capture, 12
validate, and submit data for processing to the registry, unless the context otherwise 13
prescribes; 14
(19) "Reasonable cause" means an event, happening, or circumstance entirely beyond 15
the knowledge or control of t he candidate, slate of candidates, or committee, which 16
has exercised due care and prudence in maintaining the records of the campaign or 17
committee pursuant to statute or administrative regulation; 18
(20) "Foreign national" means: 19
(a) An individual who is not a citizen or lawful permanent resident of the United 20
States; 21
(b) A government, political subdivision, or municipality of a foreign country; 22
(c) A foreign political party; 23
(d) Any entity, including but not limited to a partnership, association, corporation, 24
organization, or other combination of persons, that is organized under the 25
laws of or has its principal place of business in a foreign country; or 26
(e) Any entity in the United States, including but not limited to a partnership, 27
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association, corporation, or organization that is wholly or majority owned by 1
any foreign national, unless: 2
1. Any contribution or expenditure the entity makes derives entirely from 3
funds generated by the entity's United States operations; and 4
2. All decisions concerning the contri bution or expenditure, except for 5
setting overall budget amounts, are made by individuals who are United 6
States citizens or permanent residents; 7
(21) "Ballot measure" means a question, other than the nomination or election of a 8
candidate for public office, which has been: 9
(a) Approved by a political subdivision or the General Assembly and is required 10
by law to be placed before the voters of the territory affected; or 11
(b) Initiated or referred by citizen petition as authorized by KRS 242.020 and 12
placed before the voters of the territory affected; 13
(22) "Preliminary activity" includes but is not limited to: 14
(a) Participating in focus groups; 15
(b) Making telephone calls; 16
(c) Traveling; 17
(d) Conducting polls; and 18
(e) Drafting ballot measure language; and 19
(23) "Tax-exempt organization" means an organization described in 26 U.S.C. sec. 20
501(c) and exempt from federal taxation under 26 U.S.C. sec. 501(a). This 21
subsection shall not be construed to treat a political organization under 26 U.S.C. 22
sec. 527 as a tax-exempt organization for purposes of this chapter. 23
Section 14. KRS 121.065 is amended to read as follows: 24
(1) No publisher of newspapers, magazines, handbills, or other printed matter, owner or 25
lessor of billboards, radio or television station or network, digital media platform, 26
or any other person, company, corporation, or organization offering its 27
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communications services for hire to the public shall be permitted to charge fees for 1
political advertising in excess of the lowes t rate charged to other advertisers at the 2
time the political advertising is purchased. 3
(2) Political advertising means any communication intended to support or defeat a 4
candidate for public office. 5
(3) An action to enjoin violations of this section shall be in the Circuit Court of the 6
county where the complaining candidate resides. 7
Section 15. KRS 121.110 is amended to read as follows: 8
(1) There is hereby created as an independent agency of state government a Kentucky 9
Registry of Election Finance. The registry shall be composed of seven (7) members 10
appointed as provided herein. The registry shall remain independent of any other 11
agency or department of state government. Members shall be at least twenty -five 12
(25) years of a ge, registered voters in Kentucky, not announced candidates for 13
public office, not officers of a political party's state central executive committee, 14
shall not have been convicted of an election offense, and shall be persons of high 15
ethical standards who h ave an active interest in promoting fair elections. 16
Appointees shall be subject to Senate confirmation at the next regular session of the 17
General Assembly following appointment, or at the next special session if included 18
in the Governor's call. Appointees shall have full power to serve until any vote of 19
nonconfirmation. 20
(2) Members of the registry shall be selected as follows: 21
(a) One (1) member shall be appointed by the Governor from a list of three (3) 22
nominees submitted by the state central committee of the political party 23
polling the largest vote at the last gubernatorial election;[.] 24
(b) One (1) member shall be appointed by the Governor from a list of three (3) 25
nominees submitted by the state central committee of the political party 26
polling the second largest vote at the last gubernatorial election. The members 27
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appointed pursuant to subsections (a) and (b) of this section shall take office 1
on August 15, 1990, for a term of one (1) year and their successors shall serve 2
a term of four (4) years beginning A ugust 15, 1991, or until their successors 3
are appointed and qualified;[.] 4
(c) Two (2) other members shall be appointed by the Governor. Before making 5
these appointments, the Governor shall solicit nominations from at least two 6
(2) organizations which have demonstrated a nonpartisan interest in fair 7
elections and informed voting. The Governor's solicitations and the replies 8
shall be public records. The Governor shall give due consideration to such 9
nominations. The two (2) members appointed pursuant to this subsection shall 10
be one (1) from each of the two (2) political parties which polled the greatest 11
number of votes at the last gubernatorial election. Members appointed 12
pursuant to this subsection shall take office on August 15, 1988, for a term of 13
four (4) y ears or until their successors are appointed and qualified and their 14
successors shall serve a term of four (4) years. 15
(d) One (1) member shall be appointed by the Auditor of Public Accounts after 16
soliciting nominations as provided by subsection (c) of this section. The 17
appointee shall be a member of one (1) of the two (2) political parties which 18
polled the greatest number of votes at the last gubernatorial election. The 19
member appointed pursuant to this subsection shall take office on August 15, 20
1997, for a term of four (4) years or until his successor is appointed and 21
qualified and his successors shall serve a term of four (4) years;[.] 22
(e) One (1) member shall be appointed by the Attorney General after soliciting 23
nominations as provided by subsection (c) of this section. The appointee shall 24
not be a member of the same political party as the person appointed by the 25
Auditor of Public Accounts pursuant to subsection (d) of this section. The 26
member appointed pursuant to this subsection shall take office on August 15, 27
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1990, for a term of four (4) years or until his successor is appointed and 1
qualified and his successors shall serve a term of four (4) years; and[.] 2
(f) One (1) member shall be appointed by the Secretary of State after soliciting 3
nominations as provided by subsection (c) of this section. The Secretary of 4
State's appointment shall be without regard to political affiliation. The 5
member appointed pursuant to this subsection shall take office on August 15, 6
1990, for a term of three (3) years or until his successor is appointed and 7
qualified and his successors shall serve a term of four (4) years. 8
(3) The members of the registry shall selec t a chairman from among the appointed 9
membership, effective August 15, 1990. The chairman shall serve in that capacity 10
for one (1) year and shall be eligible for reelection. The chairman shall preside at all 11
meetings and shall have all the powers and privileges of the other members. 12
(4) In the event of a vacancy in the office of any member, the vacancy shall be filled 13
within thirty (30) days of the occurrence, in the same manner as the vacating 14
member's office was filled pursuant to subsection (2) of this section. 15
(5) The registry shall fix the place and time of its regular meetings by order duly 16
recorded in its minutes. No action shall be taken without a quorum present. Special 17
meetings shall be called by the chairman on his own initiative or on the written 18
request of three (3) members. Members shall receive seven (7) days' written notice 19
of a special meeting and the notice shall specify the purpose, time and place of the 20
meeting, and no other matters may be considered, without a specific waiver by all 21
the members. 22
(6) The members of the registry [ shall receive sixty -five dollars ($65) per diem, and] 23
shall be reimbursed for necessary travel and expenses in the same manner as state 24
employees[all reasonable and necessary expenses]. 25
Section 16. KRS 121.140 is amended to read as follows: 26
(1) Upon the sworn complaint of any person, or on its own initiative, the registry shall 27
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investigate alleged violations of campaign finance law. In conducting any 1
investigation, the registry sha ll have the power of subpoena and may compel 2
production of evidence including the financial records of any person determined by 3
the registry to be vital to the investigation. The records subject to subpoena include, 4
but are not limited to, a person's bank records and other relevant documents, but 5
excluding individual and business income tax records. 6
(2) If the registry concludes that there is probable cause to believe that the law has been 7
violated, the registry shall notify the alleged violator of its conc lusions and the 8
evidence supporting them, and shall offer the alleged violator a conciliation 9
agreement to resolve the issue. A conciliation agreement may require the alleged 10
violator to comply with one (1) or more of the following: 11
(a) To cease and desist violations of the law; 12
(b) To file required reports or other documents or information; 13
(c) To pay a penalty not to exceed two hundred dollars ($200) a day, up to a 14
maximum total fine of five thousand dollars ($5,000), for failure to file any 15
report, payme nt of an administrative fee, or other document or information 16
required by law until the report, fee payment, document, or information is 17
filed; except that there shall be no maximum total fine for candidates for 18
statewide office; or 19
(d) To pay a penalty not to exceed five thousand dollars ($5,000) per violation for 20
acts of noncompliance with provisions contained within this chapter. 21
(3) No monetary penalty under subsection (2) of this section for failure to file any 22
report, payment of an administrative fee, or other documentation or information 23
required by law shall begin to accrue or be assessed until five (5) business days 24
after the registry has provided notice of the delinquency to the candidate or the 25
campaign treasurer. If the violation is corrected wit hin the five (5) business days 26
following the registry's notice, no penalty shall be assessed. 27
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(4) To accept a conciliation agreement, an alleged violator shall deliver the signed 1
agreement to the registry either in person or by mail postmarked not later th an ten 2
(10) days after the day he received it. The registry may institute a civil action in 3
Franklin Circuit Court or the Circuit Court for the county of the violator's residence 4
to enforce the provisions of any conciliation agreement accepted by a violato r who 5
is not complying with its provisions. 6
(5)[(4)] If the alleged violator declines to accept the conciliation agreement or fails to 7
respond within the time allowed, the registry shall conduct an administrative 8
hearing. The provisions of KRS Chapter 13B shall apply to all registry 9
administrative hearings except for the provisions of KRS 13B.030(2)(b). A party 10
adversely affected by the registry's final order may appeal to Franklin Circuit Court 11
within thirty (30) days after the date of the registry's final order. The violator may 12
be ordered to comply with any one (1) or more of the following requirements: 13
(a) To cease and desist violation of this law; 14
(b) To file any reports or other documents or information required by this law; 15
(c) To pay a penalty not to exceed two hundred dollars ($200) a day, up to a 16
maximum total fine of five thousand dollars ($5,000), for failure to file any 17
report, payment of an adm inistrative fee, or other document or information 18
required by law until the report, fee payment, document, or information is 19
filed; except that there shall be no maximum total fine for candidates for 20
statewide office; or 21
(d) To pay a penalty not to exceed five thousand dollars ($5,000) per violation for 22
acts of noncompliance with provisions contained within this chapter. An 23
appeal of an order shall be advanced on the docket to permit a timely 24
decision. 25
(6)[(5)] If the registry concludes that there is probab le cause to believe that the 26
campaign finance law has been violated knowingly, it shall refer the violation to the 27
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Attorney General or the appropriate Commonwealth's or county attorney for 1
prosecution. The Attorney General may request the registry's attorn ey or the 2
appropriate county or Commonwealth's attorney to prosecute the matter and may 3
request from the registry all evidence collected in its investigation. In the event the 4
Attorney General or the appropriate local prosecutor fails to prosecute in a tim ely 5
fashion, the registry may petition the Circuit Court to appoint the registry's attorney 6
to prosecute, and upon a motion timely filed, for good cause shown, the court shall 7
enter an order to that effect. Prosecutions involving campaign finance law 8
violations, in which the reports are required to be filed in Frankfort, may be 9
conducted in Franklin Circuit Court or in the Circuit Court for the county in which 10
the contribution or expenditure constituting a campaign finance violation was 11
solicited, made, or accepted. The prosecution of a person who unlawfully solicits, 12
makes, or accepts a contribution or expenditure through the use of the mail may be 13
conducted in the Circuit Court for the county in which the solicitation is mailed, the 14
county in which the con tribution is mailed or received, or the county in which the 15
expenditure is mailed. 16
(7)[(6)] If judicial review is sought of any action of the registry relating to a pending 17
election, the matter shall be advanced on the docket of the court. The court may 18
take any steps authorized by law to accelerate its procedures so as to permit a 19
timely decision. 20
Section 17. KRS 121.150 is amended to read as follows: 21
(1) No contribution shall be made or received, directly or indirectly, other than an 22
independent expenditure, to support inauguration activities or to support or defeat a 23
candidate, slate of candidates, constitutional amendment, or public question which 24
will appear on the ballot in an election, except through the duly appointed campaign 25
manager, or campaign treasurer of the candidate, slate of candidates, or registered 26
committee. Any person making an independent expenditure, shall report these 27
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expenditures when the expenditures by that person exceed five hundred dollars 1
($500) in the aggregate in any one (1) election, on a form provided or using a 2
format approved by the registry and shall sign a statement on the form, under 3
penalty of perjury, that the expenditure was an actual independent expenditure and 4
that there was no pri or communication with the campaign on whose behalf it was 5
made. 6
(2) Except as provided in KRS 121.180(10), the solicitation from and contributions by 7
campaign committees, independent expenditure -only committees, caucus campaign 8
committees, political issues committees, permanent committees, and party 9
executive committees to any religious, charitable, civic, eleemosynary, or other 10
causes or organizations established primarily for the public good is expressly 11
prohibited; except that it shall not be construed as a violation of this section for: 12
(a) A candidate or a slate of candidates to contribute to religious, civic, or 13
charitable groups; or 14
(b) A state or county executive committee of a political party to contribute up to 15
one hundred dollars ($100) per year t o a nonprofit civic organization if the 16
organization promotes civic education, voter registration efforts, or patriotic 17
events. 18
(3) No candidate, slate of candidates, committee, or contributing organization, nor 19
anyone acting on their behalf, shall accept any anonymous contribution in excess of 20
one hundred dollars ($100), and all anonymous contributions in excess of one 21
hundred dollars ($100) shall be returned to the donor, if the donor can be 22
determined. If no donor is found, the contribution shall escheat to the state. No 23
candidate, slate of candidates, committee, or contributing organization, nor anyone 24
acting on their behalf shall accept anonymous contributions in excess of two 25
thousand dollars ($2,000) in the aggregate in any one (1) election. Anonymous 26
contributions in excess of two thousand dollars ($2,000) in the aggregate which are 27
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received in any one (1) election shall escheat to the state. 1
(4) No candidate, slate of candidates, committee, or contributing organization, nor 2
anyone on their behalf, sh all accept a cash contribution in excess of one hundred 3
dollars ($100) in the aggregate from each contributor in any one (1) election. No 4
candidate, slate of candidates, committee, or contributing organization, nor anyone 5
on their behalf, shall accept a ca shier's check or money order in excess of the 6
maximum cash contribution limit unless the instrument clearly identifies both the 7
payor and the payee. A contribution made by cashier's check or money order which 8
identifies both the payor and payee shall be tr eated as a contribution made by check 9
for purposes of the contribution limits contained in this section. No person shall 10
make a cash contribution in excess of one hundred dollars ($100) in the aggregate 11
in any one (1) election to a candidate, slate of cand idates, committee, or 12
contributing organization, nor anyone on their behalf. 13
(5) No candidate, slate of candidates, committee, contributing organization, nor anyone 14
on their behalf, shall accept any contribution in excess of one hundred dollars 15
($100) from any person who shall not become eighteen (18) years of age on or 16
before the day of the next general election. 17
(6) Except as provided in subsection (22) of this section, no candidate, slate of 18
candidates, campaign committee, nor anyone acting on their beha lf, shall accept a 19
contribution of more than two thousand dollars ($2,000) as indexed for inflation 20
every odd -numbered year using the preceding year's percent increase in the non -21
seasonally adjusted annual average Consumer Price Index for all Urban Consume rs 22
(CPI-U), U.S. City Average, All Items, for that year as published by the United 23
States Bureau of Labor Statistics and rounded to the nearest hundred dollars, from 24
any person, permanent committee, or contributing organization in any one (1) 25
election. No person, permanent committee, or contributing organization shall 26
contribute more than two thousand dollars ($2,000) as indexed for inflation every 27
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odd-numbered year using the preceding year's percent increase in the non -1
seasonally adjusted annual average Co nsumer Price Index for all Urban Consumers 2
(CPI-U), U.S. City Average, All Items, as published by the United States Bureau of 3
Labor Statistics and rounded to the nearest hundred dollars, to any one (1) 4
candidate, campaign committee, nor anyone acting on th eir behalf, in any one (1) 5
election. 6
(7) Permanent committees or contributing organizations affiliated by bylaw structure or 7
by registration, as determined by the Registry of Election Finance, shall be 8
considered as one (1) committee for purposes of applyi ng the contribution limits of 9
subsection (6) of this section. 10
(8) No permanent committee shall contribute funds to another permanent committee for 11
the purpose of circumventing contribution limits of subsection (6) of this section. A 12
permanent committee or independent expenditure -only committee may make 13
unlimited contributions to an independent expenditure -only committee, or as 14
allowed by federal law to a federally registered political committee, provided that if 15
a contribution is earmarked for a particular independent expenditure, the person 16
making the independent expenditure shall disclose the contribution when reporting 17
the independent expenditure pursuant to subsection (1) of this section. 18
(9) No person shall contribute funds to a permanent committee, pol itical issues 19
committee, or contributing organization for the purpose of circumventing the 20
contribution limits of subsection (6) of this section. 21
(10) No person shall contribute more than two thousand dollars ($2,000) as indexed for 22
inflation every odd -numbered year using the preceding year's percent increase in 23
the non -seasonally adjusted annual average Consumer Price Index for all Urban 24
Consumers (CPI-U), U.S. City Average, All Items, for that year as published by the 25
United States Bureau of Labor Statistics and rounded to the nearest hundred dollars, 26
to a permanent committee or contributing organization in any one (1) year. 27
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(11) (a) No person shall contribute more than five thousand dollars ($5,000) to the 1
state executive committee of a political party in any one (1) year. The 2
contribution limit in this paragraph shall not apply to a contribution 3
designated exclusively for a state executive committee's building fund account 4
established under KRS 121.172. 5
(b) No person shall contribute more than five thousa nd dollars ($5,000) to a 6
subdivision or affiliate of a state political party in any one (1) year. 7
(c) No person shall contribute more than five thousand dollars ($5,000) to a 8
caucus campaign committee in any one (1) year. 9
(12) No person shall make a paymen t, distribution, loan, advance, deposit, or gift of 10
money to another person to contribute to a candidate, a slate of candidates, 11
committee, contributing organization, or anyone on their behalf. No candidate, slate 12
of candidates, committee, contributing org anization, nor anyone on their behalf 13
shall accept a contribution made by one (1) person who has received a payment, 14
distribution, loan, advance, deposit, or gift of money from another person to 15
contribute to a candidate, a slate of candidates, committee, contributing 16
organization, or anyone on their behalf. 17
(13) Subject to the provisions of subsection (17) of this section, no candidate or slate of 18
candidates for nomination to any state, county, city, or district office, nor their 19
campaign committees, nor a nyone on their behalf, shall solicit or accept 20
contributions for primary election expenses after the date of the primary. No person 21
other than the candidate or slate of candidates shall contribute for primary election 22
expenses after the date of the primary. 23
(14) Subject to the provisions of subsection (17) of this section, no candidate or slate of 24
candidates for any state, county, city, or district office at a regular election, nor their 25
campaign committees, nor anyone on their behalf, shall solicit or acce pt 26
contributions for regular election expenses after the date of the regular election. No 27
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person other than the candidate or slate of candidates shall contribute for regular 1
election expenses after the date of the regular election. 2
(15) Subject to the prov isions of subsection (17) of this section, no candidate or slate of 3
candidates for nomination or election to any state, county, city, or district office, 4
nor their campaign committees, nor anyone on their behalf, shall solicit or accept 5
contributions for special election expenses after the date of the special election. No 6
person other than the candidate or slate of candidates shall contribute for special 7
election expenses after the date of the special election. 8
(16) The provisions of subsections (13) and (14) of this section shall apply only to those 9
candidates in a primary or regular election which shall be conducted subsequent to 10
January 1, 1989. The provisions of subsection (15) of this section shall apply only 11
to those candidates or slates of candidates in a special election which shall be 12
conducted subsequent to January 1, 1993. 13
(17) A candidate, slate of candidates, or a campaign committee may solicit and accept 14
contributions after the date of a primary election, regular election, or special 15
election to defray necessary expenses that arise after the date of the election 16
associated with election contests, recounts, and recanvasses of a specific election, 17
complaints regarding alleged campaign finance violations that are filed with the 18
registry pertaining to a specific election, or other legal actions pertaining to a 19
specific election to which a candidate, slate of candidates, or campaign committee 20
is a party, and for repayment of debts and obligations owed by the cam paign or 21
previous campaign for the same office. Reports of contributions received and 22
expenditures made after the date of the specific election shall be made in 23
accordance with KRS 121.180. 24
(18) No candidate, slate of candidates, committee, except a politi cal issues committee, 25
independent expenditure-only committee, or contributing organization, nor anyone 26
on their behalf, shall knowingly accept a contribution from a corporation, directly 27
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or indirectly, except to the extent that the contribution is designat ed to a state 1
executive committee's building fund account established under KRS 121.172. 2
(19) Nothing in this section shall be construed to restrict the ability of a corporation to 3
administer its permanent committee insofar as its actions can be deemed not to 4
influence an election as prohibited by KRS 121.025. 5
(20) No candidate, slate of candidates, or committee, nor anyone on their behalf, shall 6
solicit a contribution of money or services from a state employee, whether or not 7
the employee is covered by the classified service provisions of KRS Chapter 18A. 8
However, it shall not be a violation of this subsection for a state employee to 9
receive a solicitation directed to him as a registered voter in an identified precinct as 10
part of an overall plan to contact voters not identified as state employees. 11
(21) No candidate or slate of candidates for any office in this state shall accept a 12
contribution, including an in -kind contribution, which is made from funds in a 13
federal campaign account. No person shall make a c ontribution, including an in -14
kind contribution, from funds in a federal campaign account to any candidate or 15
slate of candidates for any office in this state . However, it shall not be a violation 16
of this subsection for a federal candidate to contribute to a party executive 17
committee if the amount of the contribution does not exceed the contribution 18
limit contained in subsection (11) of this section and the contribution is not 19
earmarked for a particular candidate or slate of candidates. 20
(22) It shall be perm issible for a married couple to make a contribution with one (1) 21
check that reflects the combined individual contribution limits of each individual 22
spouse per election, as set forth in subsection (6) of this section, for all elections in 23
a calendar year and the following shall be required to be written on the check: 24
(a) The signatures of both spouses on the signature line of the check; and 25
(b) The designation of each contribution amount and the election or elections to 26
which they apply shall be memorialized on the memo line of the check. 27
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(23) This section and any other provision of this chapter shall not be construed to 1
prohibit a qualified political party committee, including a state or county 2
executive committee, from endorsing, supporting, opposing, or ma king otherwise 3
lawful contributions or expenditures supporting or opposing a candidacy 4
designated as nonpartisan under state law. The endorsement, support, or 5
opposition by a political party committee shall not affect the nonpartisan status of 6
the office or the candidate. 7
Section 18. KRS 121.190 is amended to read as follows: 8
(1) All newspaper or magazine advertising, posters, circulars, billboards, handbills, 9
sample ballots, digital media, and paid -for television or radi o announcements, or 10
any other type of general public political advertising, which expressly advocate the 11
election or defeat of a clearly identified candidate, slate of candidates, or group of 12
candidates for nomination or election to any public office, or e xpressly advocate or 13
oppose a ballot measure, shall be identified by the words "paid for by" followed by 14
the name and address of the individual or committee which paid for the 15
communication; except that if paid for by a candidate, slate of candidates, or 16
campaign committee, it shall be identified only by the words "paid for by" followed 17
by the name of the candidate, slate of candidates, or campaign committee, 18
whichever is applicable. For television and radio broadcasts, compliance with 19
Federal Communication s Commission regulations regarding sponsored programs 20
and broadcasts by candidates for public office shall be considered compliance with 21
this section. 22
(2) The disclaimer described in subsection (1) of this section shall appear and be 23
presented in a clear and conspicuous manner to give the reader or observer adequate 24
notice of the identity of the purchaser of the communication. A disclaimer does not 25
comply with this section if the disclaimer is difficult to read or if the placement of 26
the disclaimer is easily overlooked. 27
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(3) The provisions of subsection (1) of this section shall not apply to: 1
(a) Any news articles, editorial endorsements, opinion, or commentary writings, 2
or letter to the editor printed in a newspaper, magazine, flyer, pamphlet, or 3
other periodical not owned or controlled by a candidate or committee; 4
(b) Any editorial endorsements or opinions aired by a broadcast facility not 5
owned or controlled by a candidate or committee; 6
(c) Any communication by a person made in the regular course and scope of the 7
person's business or any communication made by a membership organization 8
solely to members of the organization and the members' families; and 9
(d) Any communication that refers to any candidate only as part of the popular 10
name of a bill or statute. 11
(4) (a) A person shall not use, cause or permit to be used, or continue to use any 12
published, distributed, or broadcast political advertising containing express 13
advocacy that the person knows does not include the disclosure required by 14
subsection (1) of thi s section. A person is presumed to know that the use of 15
political advertising is prohibited by this subsection if the registry notifies the 16
person in writing that the use is prohibited. 17
(b) A person who learns that political advertising signs that have bee n distributed 18
do not include the disclosure required by subsection (1) of this section or 19
include a disclosure that does not comply with subsection (1) of this section 20
does not commit a violation of this subsection if the person makes a good -21
faith attempt to remove or correct those signs within forty -eight (48) hours 22
and provides the registry with proof of correction. 23
(5) The management of newspapers and magazines shall keep a one (1) year record of 24
all statements, articles, or advertisements referred to in subsection (1) of this 25
section, that appear in their publications, however, nothing in subsection (1) of this 26
section shall be construed to require editors or editorial writers of newspapers and 27
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magazines to identify themselves in the manner therein requi red with any article or 1
editorial written by them as part of their duties as an employee or employer. 2