KRS § 116.113 — KY Code / Title X / Chapter 116 / Section 116.113
116.113 Removal of voter's name by state board upon notice of death, declaration of incompetency, excusal from jury duty due to not being a citizen of the United States, conviction of felony, or out-of-state registration -- Notice to county clerk
Status: in_force

116.113 Removal of voter's name by state board upon notice of death, declaration

of incompetency, excusal from jury duty due to not being a citizen of the

United States, conviction of felony, or out-of-state registration -- Notice to

county clerk.

(1) (a) Upon receipt of notification from the Cabinet for Health and Family Services

or other reliable sources of the death of a person, the State Board of Elections

shall within five (5) days cause the removal of the name of that person from

the voter registration records it maintains, except that no voter's name may be

removed during the period of time the registration books are closed for any

primary, general, or special election.

(b) To ensure that the State Board of Elections accurately removes names from

the voter registration records it maintains, the Cabinet for Health and Family

Services shall provide a copy of the lifetime Kentucky death records to the

State Board of Elections on or before July 1 of each year.

(2) Upon receipt of notification from the circuit clerk that a person has been declared

incompetent, the State Board of Elections shall within five (5) days cause the

removal of the name of that person from the voter registration records it maintains,

except that no voter's name may be removed during the period of time the

registration books are closed for any primary, general, or special election.

(3) Upon receipt of notification from the Administrative Office of the Courts that a

person has been excused from jury duty for not being a citizen of the United States,

the State Board of Elections shall within five (5) days cause the removal of the

name of that person from the voter registration records it maintains, except that no

voter's name may be removed during the period of time the registration books are

closed for any primary, general, or special election.

(4) Upon receipt of notification from the Administrative Office of the Courts or the

United States Department of Justice that a person has been convicted of a felony

offense, the State Board of Elections shall within five (5) days cause the removal of

the name of that person from the voter registration records it maintains, except that

no voter's name may be removed during the period of time the registration books

are closed for any primary, general, or special election.

(5) Upon receipt of notification from a local or state jurisdiction that a voter has

registered to vote in the new local or state jurisdiction outside of the

Commonwealth, the State Board of Elections shall within five (5) days cause the

removal of the name of that person from the voter registration records that it

maintains, except that no voter's name may be removed during the period of time

the registration books are closed for any primary, regular election, or special

election.

(6) Following the purge of a name from the records of the State Board of Elections, the

state board shall notify the clerk of the county in which the voter lived of the action;

and the county clerk shall within ten (10) days update the county voter registration

files to reflect the necessary change. If a protest is filed by the voter, the county

board shall hear it at its next regular monthly meeting. If the county board decides

in favor of the protesting voter, the voter's registration record shall be restored,

including his or her voting record. If the protest is filed while the registration books

are closed and the county board decides in favor of the protesting voter, the county

board shall issue the voter an "Authorization to Vote" for the upcoming election

and the voter's record shall be restored when the registration books open following

the election.