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AN ACT relating to voter registration. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 30A.145 is amended to read as follows: 3
(1) Each circuit clerk shall send certified notices of incompetency to the State Board of 4
Elections within ten (10) days after the determination has become final with regard 5
to any person before the courts of the county. 6
(2) Each circuit clerk shall prepare, on the first Tuesday of each month, a list of all 7
persons who were excused from jury duty for not being a citizen of the United 8
States and provide the list to the Administrative Office of the Courts who shall, 9
within ten (10) days of receipt, report the person or persons to the office of the 10
Attorney General, the United States Attorney of the appropriate jurisdiction, and 11
the State Board of Elections. 12
SECTION 2. A NEW SECTION OF KRS CHAPTER 116 IS CREATED TO 13
READ AS FOLLOWS: 14
(1) The Secretary of State, in cooperation with the State Board of Elections, shall 15
issue and present a comprehensive activity report regarding voter registration 16
records cleanup activities on or before July 1 of each year to the Legislative 17
Research Commission, and the Legislative Research Commission shall distribute 18
the activity report to the appropriate committee. The Secretary of State and the 19
State Board of Elections shall also make the report available to the public on 20
their respective official websites. The activity report shall include: 21
(a) Any activities to resolve reported anomalies per address, such as a high 22
number of people living at a single-family home address, voters registered at 23
a commercial location, or voters registered at an address that is a vacant lot; 24
(b) Any activities to resolve incidents of multiple people registered at the same 25
address with the same age that have minor variations in the spelling of the 26
name and the status of the resolution of those duplicates; 27 UNOFFICIAL COPY 24 RS BR 24
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(c) The number of voter eligibility changes, which shall include relocation out 1
of state, death, incarceration, expungement, and citizenship status changes; 2
and 3
(d) Any use of a national voter registration clearinghouse system or interstate 4
agreement to remove inaccurate or fraudulent registrations and the cost of 5
those agreements. No agreement or contract shall be entered into that 6
obligates the state to make any expenditures or efforts to register 7
unregistered persons, but agreements for the sole purpose of exchanging 8
data to remove ineligible voters are expressly permitted. 9
(2) (a) The State Board of Elections shall create a data-based report on or before 10
February 1 of each year, containing every address in each county that lists 11
a registered voter and the number of active and inactive voters registered at 12
that address. Any personal identifying information shall be redacted, and 13
any persons residing at those addresses shall not be contacted about their 14
registration except by mail. 15
(b) Citizens of each county shall have in-person access to the report at the 16
county clerk's office, as well as online access via the Secretary of State's 17
and State Board of Elections' official websites, to verify that his or her 18
address is not being used fraudulently by other registered voters as the 19
address of record. Any discrepancies may be reported via the publicly 20
available link on the Secretary of State's and State Board of Elections' 21
official websites. 22
(c) The Secretary of State and State Board of Elections shall provide a publicly 23
available link on their respective official websites for citizens to report 24
anomalies or discrepancies, and also a secure electronic form to allow a 25
voter currently on the registered voter rolls erroneously to voluntarily 26
cancel his or her voter registration in Kentucky. 27 UNOFFICIAL COPY 24 RS BR 24
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Section 3. KRS 116.0452 is amended to read as follows: 1
(1) For the purpose of determining whether a voter registration application is received 2
during the period in which registration books are open under KRS 116.045(2), an 3
application shall be deemed timely received: 4
(a) In the case of registration with a motor vehicle driver's license application, if 5
the valid voter registration form of the applicant is accepted by the 6
Transportation Cabinet before the registration books are closed; 7
(b) In the case of registration by mail, if the valid voter registration form of the 8
applicant is legibly postmarked before the registration books are closed; 9
(c) In the case of registration with a voter registration agency, if the valid voter 10
registration form of the applicant is accepted at the voter registration agency 11
before the registration books are closed; and 12
(d) In any other case, if the valid voter registration form of the applicant is 13
received by the appropriate county clerk, no later than 4 p.m. local time, 14
before the registration books are closed. 15
(2) The county clerk shall send notice to each applicant of the disposition of the 16
application. 17
(3) The name of a registered voter shall not be removed from the registration books 18
except: 19
(a) Upon request of the voter; 20
(b) As provided by KRS 116.113, upon notice of death, declaration of 21
incompetency, excusal from jury duty for not being a United States citizen, 22
or conviction of a felony; or 23
(c) Upon failure to respond to a confirmation mailing sent pursuant to KRS 24
116.112(3) and failure to vote or appear to vote and, if necessary, correct the 25
registration record of the voter's address in an election during the period 26
beginning on the date of the notice and ending on the day after the date of the 27 UNOFFICIAL COPY 24 RS BR 24
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second general election for Federal office that occurs after the date of the 1
notice. 2
(4) The identity of the voter registration agency or Transportation Cabinet office 3
through which any particular voter is registered shall not be disclosed to the public. 4
Section 4. KRS 116.113 is amended to read as follows: 5
(1) (a) Upon receipt of notification from the Cabinet for Health and Family Services 6
or other reliable sources of the death of a person, the State Board of Elections 7
shall within five (5) days cause the removal of the name of that person from 8
the voter registration records it maintains, except that no voter's name may be 9
removed during the period of time the registration books are closed for any 10
primary, general, or special election. 11
(b) To ensure that the State Board of Elections accurately removes names from 12
the voter registration records it maintains, the Cabinet for Health and 13
Family Services shall provide a copy of the lifetime Kentucky death records 14
to the State Board of Elections on or before February 1 of each year. 15
(2) Upon receipt of notification from the circuit clerk that a person has been declared 16
incompetent, the State Board of Elections shall within five (5) days cause the 17
removal of the name of that person from the voter registration records it maintains, 18
except that no voter's name may be removed during the period of time the 19
registration books are closed for any primary, general, or special election. 20
(3) Upon receipt of notification from the Administrative Office of the Courts that a 21
person has been excused from jury duty for not being a citizen of the United 22
States, the State Board of Elections shall within five (5) days cause the removal of 23
the name of that person from the voter registration records it maintains, except 24
that no voter's name may be removed during the period of time the registration 25
books are closed for any primary, general, or special election. 26
(4)[(3)] Upon receipt of notification from the Administrative Office of the Courts or 27 UNOFFICIAL COPY 24 RS BR 24
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the United States Department of Justice that a person has been convicted of a 1
felony offense, the State Board of Elections shall within five (5) days cause the 2
removal of the name of that person from the voter registration records it maintains, 3
except that no voter's name may be removed during the period of time the 4
registration books are closed for any primary, general, or special election. 5
(5)[(4)] Upon receipt of notification from a local or state jurisdiction that a voter has 6
registered to vote in the new local or state jurisdiction outside of the 7
Commonwealth, the State Board of Elections shall within five (5) days cause the 8
removal of the name of that person from the voter registration records that it 9
maintains, except that no voter's name may be removed during the period of time 10
the registration books are closed for any primary, regular election, or special 11
election. 12
(6)[(5)] Following the purge of a name from the records of the State Board of 13
Elections, the state board shall notify the clerk of the county in which the voter 14
lived of the action; and the county clerk shall within ten (10) days update the county 15
voter registration files to reflect the necessary change. If a protest is filed by the 16
voter, the county board shall hear it at its next regular monthly meeting. If the 17
county board decides in favor of the protesting voter, the voter's registration record 18
shall be restored, including his or her voting record. If the protest is filed while the 19
registration books are closed and the county board decides in favor of the protesting 20
voter, the county board shall issue the voter an "Authorization to Vote" for the 21
upcoming election and the voter's record shall be restored when the registration 22
books open following the election. 23