Kentucky Administrative Regulations › Title 31 - STATE BOARD OF ELECTIONS › Chapter 4 - Forms and Procedures › Section 31 KAR 4:050 - Removal procedure for precinct election officers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				117.045(6)
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation exists to provide a hearing procedure for the removal of an election
				officer.
Section 1.
								KRS
			 117.045(6) provides that the
			 State Board of Elections may require the county board of elections to submit
			 its list of precinct officers for review. The State Board of Elections may,
			 after a hearing, direct the removal of any election officer who the state board
			 finds, based upon clear and convincing evidence, would not fairly administer
			 the state election laws. The state board shall replace any officer so removed
			 upon the sworn complaint of any person, or on its own initiative, the State
			 Board of Elections shall investigate alleged violations of the election laws,
			 or the failure to properly carry out the election laws by any precinct election
			 officer. When the State Board of Elections concludes that there is evidence to
			 believe an election officer, or officers, has not or would not fairly
			 administer the election laws, it may hold a hearing to determine if such
			 officer has not, or would not fairly administer the election laws. In such
			 event, the State Board of Elections shall notify the complainant, if any, and
			 the person complained against that a hearing shall be conducted of the specific
			 offenses alleged not less than thirty (30) days prior to the date of the
			 hearing. At the hearing the person complained against shall have all of the
			 protections of due process, including, but not limited to, the right to be
			 represented by counsel, the right to call and examine witnesses, the right to
			 the production of evidence by subpoena, the right to introduce exhibits and the
			 right to cross examine opposing witnesses. When the registry determines that
			 the preponderance of the evidence shows that the election officer has failed to
			 fairly administer the election laws of the state, or has taken such action as
			 to constitute a violation of the election laws, it shall issue an order
			 removing that election officer.
Section
			 2. Upon the issuance of any order requiring the removal of an
			 election officer, the county board of elections in the county in which the
			 officer served shall within ten (10) days from the date of issuance of the
			 order by the State Board of Elections submit to the State Board of Elections a
			 new list of officers for that precinct, or precincts. The State Board of
			 Elections shall then appoint from that list a new officer or officers to serve
			 during the remaining term.
Section
			 3. If the State Board of Elections conclude that there is probable
			 cause to believe that an election officer has willfully violated the election
			 laws, it shall refer such violation to the attorney general for prosecution.
			 The attorney general may request the appropriate county or Commonwealth's
			 attorney to prosecute the matter and may request from the State Board of
			 Elections all evidence collected in its investigation.
STATUTORY AUTHORITY:
				  KRS
				  117.015