KENTUCKY STATE BOARD OF ELECTIONS

(Amendment)

 

††††† 31 KAR 3:010. Current address of Kentucky registered voters and distribution of voter registration lists.

 

††††† RELATES TO: KRS 116.085, 116.155, 117.025, 117.225

††††† STATUTORY AUTHORITY: KRS 117.015

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 117.015 authorizes the Kentucky State Board of Elections to promulgate administrative regulations necessary to properly carry out its duties. This administrative regulation establishes the procedures for election officials and voters to follow to correct and maintain voter registration records and establishes standards for the State Board of Elections to follow when reviewing a request for a voter registration list.

 

††††† Section 1. Definitions. (1) "Advertisement" means any attempt by publication, dissemination, solicitation, or circulation to induce any person to enter into any obligation, or acquire any title or interest in any good or service.

††††† (2) "Alphabetical labels" means labels of registered voters within the precinct with one (1) name per label and sorted in alphabetical order.

††††† (3) "Alphabetical lists" means lists of registered voters generated from the statewide voter registration database and sorted in alphabetical order by last name within a precinct that have the name, address, age code, party, gender, zip code, and five (5) year voting history of every voter in the precinct.

††††† (4) "Duly qualified candidate" means any person who has filed:

††††† (a) A letter of intent with the Kentucky Registry of Election Finance, or

††††† (b) Nomination papers with the Office of the Secretary of State or county clerk.["CD-R" means a compact computer disc with read-only memory containing the voterís name and address, county code, precinct code, gender, party, zip code, date of birth, date of registration, and five (5) year voting history generated from the statewide voter registration database.]

††††† (5) "Household labels by street order" means labels that are generated from the statewide voter registration database and sorted by street address within the precinct with as many as four (4) names per label of the voters whose last name and address are an identical match.

††††† (6) "Household labels by zip code order" means labels that are generated from the statewide voter registration database and sorted by zip code within the county with as many as four (4) names per label of the voters whose last name and address are an identical match.

††††† (7) "Sale" means any sale, rental, distribution, offer for sale, rental, or distribution, or attempt to sell, rent, or distribute any good or service to another.

††††† (8) "Statewide voter registration database" means a complete roster of all qualified voters within the state by county and precinct that the State Board of Elections is required to maintain pursuant to KRS 117.025(3)(a).

††††† (9) "Street order lists" means lists of registered voters generated from the statewide voter registration database sorted in street order within a precinct and contain the name, address, age code, party, gender, zip code, and a five (5) year voting history of every registered voter in the precinct.

††††† (10) "Voter registration list" means a list of registered voters generated from the statewide voter registration database in any format in any given election precinct in the Commonwealth of Kentucky that the State Board of Elections is required to furnish pursuant to KRS 117.025(3)(h).

 

††††† Section 2. Correction of Voter Registration Records. (1) Each county clerk shall instruct the precinct election officers of the necessity for informing each voter that he or she shall correct any error existing in his or her address as it appears upon the precinct signature roster.

††††† (2) Each precinct election officer shall instruct each voter to correct any error existing in his or her address as it appears upon the precinct signature roster.

††††† (3) Each voter shall, when he or she signs the precinct signature roster, correct any error existing in his or her address as it appears upon the precinct signature roster.

††††† (4) Each county clerk shall take all steps necessary to correct and update each voter's address upon the statewide voter registration database.

 

††††† Section 3. Interpretation of Commercial Use. Commercial use, as that term is used in KRS 117.025(3)(h), shall be interpreted by the Board of Elections to mean:

††††† (1) The use by the requester of the voter registration list, or any part thereof, in any form, for profit, the solicitation of donations, or for the sale or advertisement of any good or service; or

††††† (2) The transfer of a voter registration list by the requester for a profit to any other person whom the requester knew or should have known intended to use the voter registration list, or any part thereof, in any form, for profit, the solicitation of donations, or for the sale or advertisement of a good or service.

 

††††† Section 4. Exceptions to Commercial Use Interpretation. Commercial use shall not include use of a voter registration list, or any part thereof, for the following purposes:

††††† (1) Use for scholarly, journalistic, political (including political fund raising), or governmental purposes;

††††† (2) Use for publication, broadcast, or related use by a newspaper, magazine, radio station, television station, or other news medium in its news or other publications or broadcasts; or

††††† (3) Use in a publication provided or sold to duly qualified candidates; political party committees, or officials thereof; or any committee that advocates or opposes an amendment or public question.

 

††††† Section 5. Requests for Voter Registration Lists. A request for voter registration lists shall be made by submitting a completed Request for Voter Registration Data, form SBE-84, to the State Board of Elections with payment of costs as follows:

††††† (1) The minimum charge for lists and label orders shall be ten (10) dollars.

††††† (2) The charge for alphabetical lists shall be four (4) dollars per precinct.

††††† (3) The charge for street order lists shall be four (4) dollars per precinct.

††††† (4) The charge for alphabetical labels shall be ten (10) dollars per thousand labels.

††††† (5) The charge for household labels by street order shall be ten (10) dollars per thousand labels.

††††† (6) The charge for household labels by zip code order shall be ten (10) dollars per thousand labels.

††††† (7) Upon request, any of the above lists may be made available in a password-protected electronic format at like charge.[The minimum charge for CD-R shall be twenty-five (25) dollars.

††††† (8) The charge for CD-R shall be one (1) dollar per 1,000 records up to 100,000 records; fifty (50) cents per thousand records over 100,000 records; $450 statewide.]

 

††††† Section 6. Incorporation by Reference. (1) "Request for Voter Registration Data", SBE 84, October 2009, is incorporated by reference.

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the State Board of Elections, 140 West Walnut Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

 

ALISON LUNDERGAN GRIMES, Secretary of State,

†††††††††††† Chair of the State Board of Elections

††††† APPROVED BY AGENCY: November 21, 2017

††††† FILED WITH LRC: January 23, 2018 at 4 p.m.

††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on March 22, 2018, at 9:00 a.m. EST, at Office of the Secretary of State. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. This hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until March 31, 2018. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

††††† CONTACT PERSON: Lindsay Hughes Thurston, 700 Capital Avenue, State Capitol, Suite 152, Frankfort, Kentucky 40601, phone (502) 782-7417, fax (502) 564-5687. Email Lindsay.thurston@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Lindsay Hughes Thurston

††††† (1) Provide a brief summary of:

††††† (a) What this administrative regulation does: This administrative regulation establishes the procedures for requesting voter registration data.

††††† (b) The necessity of this administrative regulation: This administrative regulation is necessary to establish procedures for requesting voter registration data.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: In order for the State Board of Elections to fulfill its duties under KRS 117.025(3)(h), this administrative regulation is necessary to establish the procedure for requesting voter registration data.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation is necessary to establish procedures for requesting voter registration data.

††††† (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

††††† (a) How the amendment will change this existing administrative regulation: This amendment defines "Duly Qualified Candidate", a term used in the regulation that previously was not defined. Additionally, it allows for the State Board of Elections to fulfill a request for voter registration data by electronic means if requested.

††††† (b) The necessity of the amendment to this administrative regulation: This amendment is necessary to define a term used in the regulation and to allow for alternative methods for fulfilling data requests.

††††† (c) How the amendment conforms to the content of the authorizing statutes: This administrative regulation conforms to the content of the authorizing statute, KRS 117.025(3)(h).

††††† (d) How the amendment will assist in the effective administration of the statues: This amendment defines "Duly Qualified Candidate", a term used in the regulation that previously was not defined. Additionally, it allows for the State Board of Elections to fulfill a request for voter registration data by electronic means if requested.

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This amendment could affect requesters of voter registration data.

††††† (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

††††† (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: Regulated individuals identified in question (3) will have to familiarize themselves with this amended administrative regulation.

††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): It is unknown if individuals identified in question (3) will incur costs in order to comply.

††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): No benefits will accrue to the entities identified in question (3).

††††† (5) Provide an estimate of how much it will cost to implement this administrative regulation:

††††† (a) Initially: There will be no cost to implement this administrative regulation for the first year.

††††† (b) On a continuing basis: There is no cost to implement this administrative regulation on a continuing basis.

††††† (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: There is no source funding since there is no cost to implement this administrative regulation.

††††† (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change, if it is an amendment: An increase in fees or funding will not be necessary to implement this administrative regulation.

††††† (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: This administrative regulation neither establishes nor increases any fees.

††††† (9) TIERING: Is tiering applied? Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

††††† 1. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? This administrative regulation will impact requesters of voter registration data and registered Kentucky voters.

††††† 2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. This administrative regulation is authorized by KRS 117.025(3)(h).

††††† 3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

††††† (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This administrative regulation will not generate any additional revenue for state or local governments during the first year.

††††† (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? This administrative regulation will not generate any additional revenue for state or local governments during subsequent years of implementation.

††††† (c) How much will it cost to administer this program for the first year? There will be no cost to implement this administrative regulation for the first year.

††††† (d) How much will it cost to administer this program for subsequent years? There will be no cost to administer this program for subsequent years.

††††† Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

††††† Revenues (+/-):

††††† Expenditures (+/-):

††††† Other Explanation: