KRS § 15.243 — KY Code / Title III / Chapter 15 / Section 15.243
15.243 Enforcement of all election laws -- Duties of Attorney General -- Toll-free line for report of violations -- Random inquiry for irregularities -- Initiation of prosecutions
Status: in_force

15.243 Enforcement of all election laws -- Duties of Attorney General -- Toll-free

line for report of violations -- Random inquiry for irregularities -- Initiation of

prosecutions.

(1) In addition to the other duties and powers of the Attorney General, he or she shall

enforce all of the state's election laws by civil or criminal processes.

(2) The Attorney General shall:

(a) Devise and administer programs to observe the conduct of elections;

(b) Hold public hearings;

(c) Establish a toll-free telephone service for the purpose of receiving reports of

election law violations. The service shall be operated during regular business

hours throughout the year and during the hours which any poll in the state is

open on the day of any primary, special election, or regular election;

(d) Initiate investigations or investigate alleged violations of election laws at the

request of a registered voter or on his or her own motion;

(e) Issue subpoenas for the production of any books, papers, correspondence,

memoranda or other records, and compel the attendance of witnesses that he

or she deems relevant to the purposes of any investigation;

(f) Present evidence of alleged violations to a grand jury; and

(g) File appropriate complaints in any court of competent jurisdiction.

(3) (a) The Attorney General shall be required to begin an independent inquiry for

any potential irregularities that may have occurred in each election in not

fewer than twelve (12) of Kentucky's counties, to be selected at random in a

public process, within twenty (20) days following each primary or regular

election.

(b) The Attorney General shall promulgate administrative regulations in

accordance with KRS Chapter 13A to establish a uniform procedure and

timeline for his or her agents to follow when conducting the independent

inquiries. The administrative regulations shall also designate the data and

forms that shall be requested from each county that is chosen.

(c) The Attorney General shall report his or her findings to the grand jury of each

county involved, the chief circuit judge for the circuit in which the county is

located, and the appropriate county clerk.

(4) When the Registry of Election Finance concludes there is probable cause to believe

a violation of election laws has occurred, it shall forward the matter to the Attorney

General for prosecution. In the event the Attorney General or local prosecutor fails

to prosecute the matter in a timely fashion, the registry's attorney may petition the

Circuit Court to be appointed as a special prosecutor. Upon such motion timely

filed, for good cause shown, the court shall enter an order to that effect.

(5) When requested by the Attorney General, all state and local agencies and officials,

including the Auditor of Public Accounts, Commonwealth's attorneys, county

attorneys, Registry of Election Finance, Department of Kentucky State Police,

sheriffs' departments and local police shall give all possible assistance to the

Attorney General in the performance of his or her duties.