††††† 30 KAR 6:010. Kentucky address confidentiality program.

 

††††† RELATES TO: KRS 14.300, 14.302, 14.304, 14.306, 14.310

††††† STATUTORY AUTHORITY: KRS 14.304(2), (4), 14.306(3), (5), 14.318(2)

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 14.318(2) authorizes the Secretary of State to promulgate administrative regulations implementing KRS 14.300 to 14.310, 14.314, and 14.316. This administrative regulation implements KRS 14.300, 14.302, 14.304, 14.306, and 14.310.

 

††††† Section 1. Definitions. (1) "Address" is defined by KRS 14.300(1).

††††† (2) "Applicant" is defined by KRS 14.300(2).

††††† (3) "Filer" means a person who is:

††††† (a) A:

††††† 1. Parent or guardian acting on behalf of a minor;

††††† 2. Guardian acting on behalf of a person who is declared incompetent; or

††††† 3. Designee of an applicant or a parent or guardian of a minor or a guardian of a person declared incompetent who cannot apply independently; and

††††† (b) Applying to the Secretary of State to have an address designated by the Secretary of State serve for voting purposes as the address of the minor, incompetent person, or applicant.

††††† (4) "Program Participant" is defined by KRS 14.300(5).

 

††††† Section 2. Requirements for Application for Certification to Participate in the Address Confidentiality Program. (1) Application for certification to participate in the address confidentiality program shall be made to the Secretary of State by submitting a completed Application for Certification to Participate in Address Confidentiality Program.

††††† (2) The Application for Certification to Participate in Address Confidentiality shall be:

††††† (a) Notarized; and

††††† (b) In English.

 

††††† Section 3. Certification in the Address Confidentiality Program. (1) The Secretary of State shall approve an Application for Certification to Participate in Address Confidentiality Program and certify the applicant as a program participant if the applicant and the Application for Certification to Participate in Address Confidentiality Program meet the requirements established in KRS 14.302 and 14.304 and this administrative regulation.

††††† (2) The Secretary of State shall notify the applicant or filer whether the Application for Certification to Participate in Address Confidentiality Program was denied or the applicant was certified as a program participant.

††††† (a) If an Application for Certification to Participate in Address Confidentiality Program is denied, the Secretary of State shall inform the applicant or filer of the reason for the denial.

††††† (b) If an applicant is certified as a program participant, the Secretary of State shall:

††††† 1. Assign to the program participant a participant number and designated address to be used for voting purposes; and

††††† 2. Issue to the program participant an Address Confidentiality Program Participant Card reflecting the participant number, designated address to be used for voting purposes, and date on which certification expires.

††††† (3) If an applicant is certified as a program participant, participation in the address confidentiality program shall be effective as of the date of the notification of certification.

 

††††† Section 4. Change of Program Participantís Name or Address.

††††† (1) A program participant or a filer shall notify the Secretary of State of a change in the program participantís name or address by submitting to the Office of the Secretary of State a completed Address Confidentiality Program Participant Name or Address Change form.

††††† (2) The Address Confidentiality Program Participant Name or Address Change form shall:

††††† (a) Be in writing;

††††† (b) Be in English;

††††† (c) Be signed by the program participant or a filer;

††††† (d) Include both the program participantís new information and information as certified; and

††††† (e) Be considered filed on the day the Address Confidentiality Program Name or Address Change form is date-stamped received by the Office of the Secretary of State.

 

††††† Section 5. Withdrawal from Participation in the Address Confidentiality Program. (1) A program participant or filer wishing to withdraw from participation in the address confidentiality program shall submit to the Secretary of State a Withdrawal from Participation in Address Confidentiality Program form.

††††† (2) The Withdrawal from Participation in Address Confidentiality Program form shall be:

††††† (a) In writing;

††††† (b) In English;

††††† (c) Signed by the program participant or a filer;

††††† (d) Notarized or signed by a representative of any office designated pursuant to KRS 14.310 as a referring agency who assisted in the completion of the Withdrawal from Participation in Address Confidentiality Program form; and

††††† (e) Submitted to the Secretary of State by mail or in person.

 

††††† Section 6. Confirmation by the Secretary of State of a Withdrawal from Participation in the Address Confidentiality Program. (1) Upon receiving a Withdrawal from Participation in Address Confidentiality Program form, the Secretary of State shall mail to the program participant or filer a written confirmation of withdrawal.

††††† (2) The written confirmation shall notify the program participant or filer:

††††† (a) Of the date on which a Withdrawal from Participation in Address Confidentiality Program form was date stamped received by the Office of the Secretary of State; and

††††† (b) That program participation shall be terminated ten (10) days following the date of the written confirmation of withdrawal, unless the program participant or a filer notifies the Secretary of State on or before that date that the withdrawal request was not legitimate because it was not voluntarily submitted by the program participant or a filer.

 

††††† Section 7. Application for Renewal of Certification in the Address Confidentiality Program. (1) A program participant or filer wishing to renew certification in the address confidentiality program shall submit to the Secretary of State at least five (5) business days prior to the date on which the program participantís certification expires an Application for Certification to Participate in Address Confidentiality Program pursuant to Section 2 of this administrative regulation.

††††† (2) The Application for Certification to Participate in Address Confidentiality Program shall be considered timely submitted for purposes of renewal if it is date-stamped received by the Office of the Secretary of State at least five (5) business days prior to the date on which the program participantís certification expires.

 

††††† Section 8. Review by the Secretary of State of a Renewal Application for Certification to Participate in Address Confidentiality Program. (1) The Secretary of State shall approve a renewal Application for Certification to Participate in Address Confidentiality Program if the applicant and Application for Certification to Participate in Address Confidentiality Program meet the requirements established in KRS 14.302 and 14.304 and this administrative regulation.

††††† (2) The Secretary of State shall notify the program participant or filer whether the renewal Application for Certification to Participate in Address Confidentiality Program was denied or the program participantís certification was renewed within five (5) business days after it is date-stamped received by the Secretary of State.

††††† (a) If a renewal Application for Certification to Participate in Address Confidentiality Program is denied, the Secretary of State shall inform the program participant or filer of the reason for denial.

††††† (b) If a program participantís certification is renewed, the Secretary of State shall issue to the program participant a new Address Confidentiality Program Participant Card pursuant to Section 3(2)(b)2 of this administrative regulation, and the renewal shall be effective as of the date of the notification of renewal.

 

††††† Section 9. Appeal from Cancellation of Certification in Address Confidentiality Program. (1) A program participant or filer wishing to appeal from a cancellation of certification in the address confidentiality program shall submit to the State Board of Elections an Appeal from Cancellation of Certification in Address Confidentiality Program form.

††††† (2) The Appeal from Cancellation of Certification in Address Confidentiality Program shall be considered timely submitted if it is date-stamped received by the State Board of Elections within thirty (30) days of the date of the notice of certification cancellation.

††††† (3) The Appeal from Cancellation of Certification in Address Confidentiality Program shall:

††††† (a) Be in writing;

††††† (b) Be in English;

††††† (c) Be signed by the program participant or filer; and

††††† (d) Include information as to why certification in the address confidentiality program should not be cancelled.

††††† (4) If an Appeal from Cancellation of Certification in Address Confidentiality Program is not timely submitted, cancellation of certification in the address confidentiality program shall be effective upon the expiration of thirty (30) days after the date of the notice of certification cancellation.

 

††††† Section 10. Review by the Executive Director of the State Board of Elections of an Appeal from Cancellation of Certification in Address Confidentiality Program. (1) The executive director of the State Board of Elections shall approve or deny an Appeal from Cancellation of Certification in Address Confidentiality Program within five (5) business days after it is date-stamped received by the State Board of Elections.

††††† (a) The executive director of the State Board of Elections shall approve an Appeal from Cancellation of Certification in Address Confidentiality Program if the executive director determines that grounds for cancellation pursuant to KRS 14.306 do not exist.

††††† (b) The executive director of the State Board of Elections shall deny an Appeal from Cancellation of Certification in Address Confidentiality Program if the executive director determines that grounds for cancellation pursuant to KRS 14.306 exist.

††††† (2) The executive director of the State Board of Elections shall provide to the program participant or filer written notice of the decision regarding an Appeal from Cancellation of Certification in Address Confidentiality Program.

††††† (3) If an Appeal from Cancellation of Certification in Address Confidentiality Program is timely submitted and denied pursuant to this section, cancellation of certification in the address confidentiality program shall be effective on the date on which the notice of denial is mailed.

††††† (4) The decision of the executive director of the State Board of Elections shall conclude the appeal procedures pursuant to KRS Chapter 14 and this administrative regulation.

 

††††† Section 11. Incorporation by Reference. (1) The following material is incorporated by reference:

††††† (a) "Application for Certification to Participate in Address Confidentiality Program", June 2014;

††††† (b) "Address Confidentiality Program Participant Card", March 2014;

††††† (c) "Address Confidentiality Program Participant Name or Address Change", June 2014;

††††† (d) "Withdrawal from Participation in Address Confidentiality Program", June 2014; and

††††† (e) "Appeal from Cancellation of Certification in Address Confidentiality Program", March 2014.

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Secretary of Stateís Office, 700 Capital Avenue, State Capitol, Suite 152, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m., or may be obtained at http://www.sos.ky.gov. (40 Ky.R. 2646; Am. 41 Ky.R. 10; eff. 8-1-2014.)