CHAPTER 23
Legislative Research Commission PDF Version
1
CHAPTER 23
( HB 301 )
AN ACT relating to elections.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF KRS CHAPTER 45A IS CREATED TO READ AS FOLLOWS:
(1) All costs and expenses related to election administration shall be paid for with public funds.
(2) An employee of a governmental body shall not solicit, take, or otherwise accept any private contribution,
donation, or anything of value to assist with election administration within this state. This subsection shall
not apply to a lawful contract for goods and services or an acceptance of food or nonalcoholic beverages.
SECTION 2. A NEW SECTION OF KRS CHAPTER 65 IS CREATED TO READ AS FOLLOWS:
(1) All costs and expenses related to election administration shall be paid for with public funds.
(2) An employee of a governmental body of a city, county, urban-county government, consolidated local
government, unified local government, or charter county government shall not solicit, take, or otherwise
accept any private contribution, donation, or anything of value to assist with election administration within
this state. This subsection shall not apply to a lawful contract for goods and services or an acceptance of
food or nonalcoholic beverages.
Section 3. KRS 116.045 is amended to read as follows:
(1) Any person may register as a voter during the period registration is open if he or she possesses, or will possess
on the day of the next regular election, the qualifications set forth in KRS 116.025.
(2) The county clerk shall cause all registration to be closed the fourth Tuesday preceding through the first
Monday following any primary or general election, and the twenty-eight (28) days prior to and seven (7) days
following any special election. If the last day of registration falls on a state or federal holiday, the period runs
until the end of the next day which is not a Saturday or Sunday nor a state or federal holiday. During the
period that registration is closed, the county clerk may accept and process registrations. Any voter who
registers during the period that registration is closed, except for any registered voter who transfers his or her
registration pursuant to KRS 116.085(2) or (3), shall not be permitted to vote in the upcoming election.
(3) In all counties, the county clerk shall receive registrations, transfers, or changes of party affiliation at branch
offices at any place in the county during those periods that the registration books are open except for those
transfers pursuant to KRS 116.085(2) or 116.085(3). However, notice in the manner provided by KRS Chapter
424 shall be given at least three (3), but not more than fourteen (14), days in advance of the time and place of
any branch registration, and ten (10) days' written notice shall be given to the county executive committee of
each major political party in the county in which the branch registration is to be held.
(4) Any person may register to vote or may change his or her party affiliation in any of the following ways:
(a) In person;
(b) By mail;
(c) By means of the federal post card application, if the person is a resident of Kentucky and a member of
the Armed Forces, or a dependent of members of the Armed Forces, or overseas citizen;
(d) By mail-in application form prescribed by the Election Assistance Commission pursuant to the National
Voter Registration Act of 1993; or
(e) By other methods of registration, or reregistration, approved by the State Board of Elections, including
the use of voluntary interested groups and political parties, under the proper supervision and directions
of the county clerk, which may include door to door canvassing.
(5) Upon receipt of the form prescribed by the State Board of Elections or the Election Assistance Commission
pursuant to the National Voter Registration Act of 1993, properly filled out and signed by the applicant, the
county clerk shall register the applicant. ACTS OF THE GENERAL ASSEMBLY 2
(6) Any individual or group shall have access to a reasonable number of voter registration forms including the
mail-in application form prescribed by the Election Assistance Commission pursuant to the National Voter
Registration Act of 1993 in the county clerk's office. The individual or group shall act under the proper
supervision and directions of the county clerk and shall return these completed forms to the county clerk for
official registration by the county clerk.
(7) No later than December 31, 1994, the Transportation Cabinet shall equip all driver's license agencies to
comply with the provisions of the National Voter Registration Act of 1993. The Secretary of State shall
provide assistance and interpretation to the Transportation Cabinet in determining the requirements of the
National Voter Registration Act of 1993.
(8) The county clerk shall enter the specific party identification of the voter with a political party, political
organization, or political group as defined in KRS 118.015, or independent status, as indicated by the voter on
the voter registration form, into the statewide voter registration system. The State Board of Elections shall
promulgate regulations under KRS Chapter 13A to provide for tracking of the registration of voters identifying
with political organizations and political groups as defined in KRS 118.015, and voters of independent status.
(9) For purposes of voter registration, no county clerk, governmental body of any city, county, urban-county
government, consolidated local government, unified local government, charter county government, or any
employee thereof, shall accept any private monetary funds to assist with voter registration activities unless
accepted as part of a valid contract for goods and services.
Section 4. KRS 117.015 is amended to read as follows:
(1) There shall be a State Board of Elections that is an independent agency of state government, which shall
administer the election laws of the state and supervise registration and purgation of voters within the state. The
board:
(a) May promulgate administrative regulations necessary to properly carry out its duties;[ and]
(b) Shall promulgate administrative regulations establishing a procedure for elections officials to follow
when an election has been suspended or delayed as described in KRS 39A.100; and
(c) Shall be prohibited from accepting any private monetary funds for election administration unless
accepted as part of a valid contract for goods and services.
(2) The board shall consist of the following:
(a) The Secretary of State, who shall be an ex officio, nonvoting member, and who shall also serve as the
chief election official for the Commonwealth;
(b) Two (2) members appointed by the Governor as provided in subsection (6) of this section;
(c) Six (6) voting members appointed by the Governor as provided in subsection (5) of this section; and
(d) An executive director appointed in accordance with KRS 117.025, who may vote only to break a tie
regarding selection of the chair of the board.
(3) A chair of the board, who is a then-current voting member of the board, shall be elected as chair of the board
by a majority of the voting members who serve on the board. The chair shall preside at the meetings of the
board and vote on matters before the board.
(4) The members shall serve for a term of four (4) years or until their successors are appointed. Members shall be
at least twenty-five (25) years of age and qualified voters of this state. No appointed member shall be a
candidate for public office or have been a candidate for public office for two (2) years prior to his or her
appointment, except as provided in subsection (2)(b) of this section. No member of the board shall have been
convicted of any election law offense.
(5) Two (2) members shall be appointed by the Governor from a separate list of at least five (5) names submitted
by the state central executive committee of each of the two (2) political parties that polled the largest vote in
the last preceding election for state officials. The list shall be submitted to the Governor by February 15 of
1992, and the appointments of the Governor shall be made by April 1 of the same year. Two (2) separate lists
shall be submitted to the Governor by August 15 of 1990 and every four (4) years thereafter, and two (2)
appointments shall be made from these lists by September 15 of each year in which the lists are received.
(6) Two (2) members shall be appointed by the Governor from a separate list of at least four (4) names submitted
by the Kentucky County Clerk's Association of each of the two (2) political parties that polled the largest vote CHAPTER 23
Legislative Research Commission PDF Version
3
in the last preceding regular election for state officials. Each of the two (2) members appointed under this
subsection shall be former county clerks and shall be voting members. The lists required under this subsection
shall be submitted to the Governor by July 15, 2019, and every four (4) years thereafter. The appointments
made by the Governor under this subsection shall be made by August 15, 2019, and every four (4) years
thereafter.
(7) Vacancies shall be filled in the same manner as provided for original appointments, and the person appointed
to fill the vacancy shall be of the same political party as his or her predecessor.
(8) The board shall meet as often as necessary to carry out its duties and shall keep a record of its acts, orders,
findings, and proceedings. A majority of the board shall constitute a quorum.
(9) The members of the board shall be paid a reasonable sum to be fixed by the secretary of the Personnel Cabinet,
with the approval of the secretary of the Finance and Administration Cabinet, and in addition, their expenses in
attending board meetings. The compensation shall be paid out of the State Treasury upon requisition signed by
the chair of the board and approved by the secretary of the Finance and Administration Cabinet.
Section 5. KRS 117.995 is amended to read as follows:
(1) Any person appointed to serve as an election officer but who shall knowingly and willfully fail to serve and
who is not excused by the county board of elections for the reasons specified in this chapter shall be guilty of a
violation and shall be ineligible to serve as an election officer for a period of five (5) years.
(2) Any county clerk or member of the county board of elections who knowingly and willfully violates any of the
provisions of this chapter, including furnishing applications for absentee ballots, applications for federal
provisional absentee ballots, and mail-in absentee ballots to persons other than those specified by the
provisions of this chapter, and failure to type the name of the voter on the application form as required by the
provisions of this chapter, shall be guilty of a Class D felony.
(3) Any officer who willfully fails to prepare or furnish ballots, federal provisional ballots, federal provisional
absentee ballots, or absentee ballots or fails to allow a qualified voter to cast his or her vote using voting
equipment as required of the voter by this chapter shall be guilty of a Class A misdemeanor.
(4) Any election officer who knowingly and willfully violates any of the provisions of this chapter, including
failure to enforce the prohibition against electioneering established by KRS 117.235, shall be guilty of a Class
A misdemeanor for the first offense and a Class D felony for each subsequent offense.
(5) Any person who violates KRS 117.0861, or who signs a name other than his or her own on an application for
an absentee ballot, the verification form for the ballot, an emergency absentee ballot affidavit, a voter or
election official affirmation, or any person who votes an absentee ballot other than the one issued in his or her
name, or any person who applies for the ballot for the use of anyone other than himself or herself or the person
designated by the provisions of this chapter, or any person who makes a false statement on an application for
an absentee ballot or on an emergency absentee ballot affidavit shall be guilty of a Class D felony.
(6) Any person who violates any provision of KRS 117.235 or 117.236 related to prohibited activities during
absentee voting or on election day, after he or she has been duly notified of the provisions by any precinct
election officer, county clerk, deputy county clerk, or other law enforcement official, shall, for each offense, be
guilty of a Class A misdemeanor.
(7) Any person who knowingly and willfully prepares or assists in the preparation of an inaccurate or incomplete
voter assistance form or fails to complete a voter assistance form when required shall be guilty of a Class A
misdemeanor for the first offense and a Class D felony for each subsequent offense; however, if a voter has
been permanently certified as requiring voting assistance, there shall be no offense for the failure of the voter
to complete the form.
(8) The members of a county board of elections who fail to provide the training to precinct election officers
required by KRS 117.187(2) shall be subject to removal by the State Board of Elections.
(9) Any local or state election official, including the Secretary of State, employees of the Secretary, and members
of the State Board of Elections and their staff, who knowingly and willfully uses the voter registration roster in
violation of KRS 117.025(3)(a) shall, for each offense, be guilty of a Class A misdemeanor.
(10) Any person who knowingly and willfully violates subsection (2) of Section 1 of this Act or subsection (2) of
Section 2 of this Act shall, for a first offense, be guilty of a Class D felony. For a second or subsequent
offense, the person shall be guilty of a Class C felony. ACTS OF THE GENERAL ASSEMBLY 4
Section 6. This Act may be cited as the Stop Outside Influence Over Elections Act of 2022.
Became law without Governor's signature March 24, 2022.