KRS § 116.112 — KY Code / Title X / Chapter 116 / Section 116.112
116.112 Voter registration purge program -- Inactive voter list
Status: in_force

116.112 Voter registration purge program -- Inactive voter list.

(1) The State Board of Elections shall establish a voter registration purge program

using the change-of-address information supplied by the United States Postal

Service through its licensees or other sources to identify voters whose addresses

may have changed. The State Board of Elections is authorized to enter into

agreements with other governmental agencies to further voter list maintenance

practices. Intergovernmental agreements for the exchanging of any data shall be

permitted if the sole purpose of exchanging data is to remove ineligible voters. The

data shall not be subject to any commercial use, directly or indirectly, or third-party

access to the voter registration system.

(2) (a) If it appears from information provided by the postal service or other sources

that a voter has moved to a different address in the same county in which the

voter is currently registered, the State Board of Elections shall provide to the

county board of elections the information necessary to change the registration

records to show the new address and the State Board of Elections shall send to

the new address a notice of the change by forwardable mail on a form

prescribed by the State Board of Elections and a postage prepaid, pre-

addressed return form by which the voter may verify or correct the address

information.

(b) If the county board of elections requests authorization from the State Board of

Elections to send address confirmation notices as provided in this subsection,

the State Board of Elections shall grant the request.

(3) (a) If it appears from information provided by the postal service or other sources

that a voter has moved to a different address not in the same county, the State

Board of Elections shall send to the address from which the voter was last

registered, by forwardable mail, a notice on a form prescribed by the State

Board of Elections, with a postage prepaid and pre-addressed return card on

which the voter may state his or her current address.

(b) If a county board of elections requests authorization from the state board to

send address confirmation notices as provided in this subsection, the state

board shall grant the request.

(4) The state or county boards of elections shall not remove the name of a voter from

the registration records on the ground that the voter has changed his or her

residence unless the voter:

(a) Confirms in writing, or on a form provided by the State Board of Elections on

its official website, that the voter has changed residence to a place outside the

county; or

(b) 1. Has failed to respond to the notice described in subsection (3) of this

section; and

2. Has not voted or appeared to vote and, if necessary, correct the

registration records of the voter's address in an election during the

period beginning on the date of the notice and ending on the day after

the date of the second general election for federal office that occurs after

the date of the notice.

If a county board of elections requests authorization from the state board to conduct

purges of voters in its county in accordance with the provisions of this subsection,

the state board shall grant the request.

(5) The State Board of Elections shall establish an inactive list of all voters who fail to

respond to the notice described in subsection (3) of this section and do not vote or

appear to vote in an election during the period beginning on the date of the notice

and ending on the day after the date of the second general election for federal office

that occurs after the date of the notice. If a county board of elections requests

authorization from the state board to establish an inactive list of voters for its

county, the state board shall grant the request.

(6) The State Board of Elections shall complete, not later than ninety (90) days prior to

the date of a primary or regular election, any program the purpose of which is to

systematically remove the names of ineligible voters from the registration records.

(7) Voters placed on an inactive list are to be counted only for purposes of voting and

not for purposes of establishing or modifying precincts, calculating the amount of

reimbursement of county clerks by the State Board of Elections for certain election-

related expenses, or reporting official statistics, except as provided by the Election

Assistance Commission's regulations promulgated pursuant to the National Voter

Registration Act of 1993.

(8) (a) The State Board of Elections and county boards of elections shall maintain for

at least two (2) years and shall make available for public inspection and,

where available, photocopying at a reasonable cost, all records concerning the

implementation of programs and activities conducted for the purpose of

ensuring the accuracy and currency of the registration records, except to the

extent that the records relate to the declination to register to vote or the

identity of a voter registration agency through which any particular voter is

registered.

(b) The records maintained pursuant to paragraph (a) of this subsection shall

include lists of the names and addresses of all persons to whom notices

described in subsection (3) are sent, and information concerning whether each

person has responded to the notice as of the date that inspection of the records

is made.