reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 31 - STATE BOARD OF ELECTIONS › Chapter 4 - Forms and Procedures › Section 31 KAR 4:210 - Establishment of risk-limiting audit pilot program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				117.383
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				117.015(1)(a) authorizes the
				State Board of Elections to promulgate administrative regulations necessary to
				properly carry out its duties.
				KRS
				117.383(8)-(9) require the
				State Board of Elections to promulgate administrative regulations related to
				the audit of elections and specifically calls for the establishment of a
				risk-limiting audit pilot program. This administrative regulation establishes a
				working-group to conduct and report on such a pilot program.
Section 1. Beginning March 2022, there shall
			 be a working-group formed to establish recommendations for post-election audits
			 in the counties of the Commonwealth. The working-group shall consist of members
			 representing the State Board of Elections, the office of the Secretary of
			 State, at least six (6) county clerks, an individual recognized to be an
			 election auditing expert, and any other individuals the working-group may
			 desire to include. The working-group shall, in the six (6) counties represented
			 on the working-group, conduct a risk-limiting audit pilot program during the
			 2022 primary nomination of candidates and regular election. The working-group
			 shall report any results, recommendations, or findings, regarding the
			 implementation of risk-limiting audits to the State Board of Elections
			 following the 2022 primary nomination of candidates and regular
			 election.
STATUTORY AUTHORITY:
				  KRS
				  117.015(1)(a),
				  117.383(8),
				  (9)
Kentucky Administrative Regulations › Title 31 - STATE BOARD OF ELECTIONS › Chapter 4 - Forms and Procedures › Section 31 KAR 4:220 - Recount procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				120.095,
				120.157,
				120.185,
				120.260,
				120.290
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				117.015(1) establishes the
				State Board of Elections as the independent agency of state government which
				shall administer the election laws of the state.
				KRS
				120.095,
				120.157,
				120.185,
				120.260, and
				120.290 all authorize the
				post-election recounting of ballots cast. These same statutes are all largely
				without procedures for how such an event should take place. This administrative
				regulation establishes procedures for the recounting of ballots so that there
				may be an established standard throughout the Commonwealth.
Section 1. Definition. "Recount" means a
			 post-election retallying of ballots cast in a primary, general, or special
			 election, as authorized under
			 KRS
			 120.095,
			 120.157,
			 120.185,
			 120.260, or
			 120.290.
Section 2. Locations. Upon identifying that a
			 recount will be taking place, an affected county board of elections shall
			 identify a suitable location, within the county, where the recount can take
			 place.
(1) A suitable location shall be one
			 where all of the voting equipment and ballot boxes required for the recount can
			 be housed in one location and there is ample space for the personnel required
			 for the task and all authorized observers, who shall have a dedicated area
			 within the location to witness the recount.
(2) If a recount is to occur pursuant to
			 KRS
			 120.290, the Franklin County Clerk shall
			 assist the Franklin Circuit Court in finding a location for the commencing of
			 the recount should the Court find the courthouse at Frankfort unsuitable for
			 the event.
Kentucky Administrative Regulations › Title 31 - STATE BOARD OF ELECTIONS › Chapter 5 - Voting › Section 31 KAR 5:010 - Use of the federal write-in absentee ballot

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				117.079,
				117.086(6),
				117A.050(2),
				117A.060(3),
				117A.100,
				117A.130,
				117A.160(1),
				52 U.S.C.
				20302
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				117.079 requires the State Board of
				Elections, as circumstances warrant and with the concurrence of the Attorney
				General, to promulgate necessary administrative regulations to preserve the
				absentee voting rights of residents of Kentucky who are covered voters as
				defined in
				KRS
				117A.010.
				52 U.S.C.
				20302(a)(3) requires states
				to permit absent uniformed service voters and overseas voters to use federal
				write-in absentee ballots in general elections for federal office.
				KRS
				117A.130 requires the Secretary of State, in
				coordination with local election officials, to implement an electronic
				free-access system by which a covered voter may determine by telephone,
				electronic mail, or Internet whether the voter's federal postcard application
				or other registration or military-overseas ballot application has been received
				and accepted and whether the voter's military-overseas ballot has been
				received.
				KRS
				117A.030(2) authorizes the
				Secretary of State to delegate to the State Board of Elections the
				responsibility for the promulgation of administrative regulations necessary to
				implement KRS Chapter 117A. The Secretary of State has delegated to the State
				Board of Elections the responsibility for promulgating administrative
				regulations covering the use of the federal write-in absentee ballot and
				establishing an electronic-free access system pursuant to
				KRS
				117A.130. This administrative regulation
				establishes the procedures for the use of the federal write-in absentee ballot
				in elections in Kentucky and implements the electronic free-access system
				pursuant to
				KRS
				117A.130.
Section
			 1. Definitions.
(1) "Covered
			 Voter" is defined by
			 KRS
			 117A.010(1).
(2) "Federal write-in absentee ballot" is
			 defined by
			 KRS
			 117A.010(4).
(3) "Military-overseas ballot" is defined by
			 KRS
			 117A.010(5).
Kentucky Administrative Regulations › Title 31 - STATE BOARD OF ELECTIONS › Chapter 5 - Voting › Section 31 KAR 5:011 - Use of the federal write-in absentee ballot

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				117.079,
				117.086(3),
				117A.050(2),
				117A.060(3),
				117A.100,
				117A.130,
				117A.160(1),
				52 U.S.C.
				20302
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				117.079 requires the State Board of
				Elections, as circumstances warrant and with the concurrence of the Attorney
				General, to promulgate necessary administrative regulations to preserve the
				absentee voting rights of residents of Kentucky who are covered voters as
				defined in KRS
				117A.010.
				52 U.S.C.
				20302(a)(3) requires states
				to permit absent uniformed service voters and overseas voters to use federal
				write-in absentee ballots in general elections for federal office.
				KRS
				117A.130 requires the State Board of
				Elections, in coordination with local election officials, to implement an
				electronic free-access system by which a covered voter may determine by
				telephone, electronic mail, or Internet whether the voter's federal postcard
				application or other registration or military-overseas ballot application has
				been received and accepted and whether the voter's military-overseas ballot has
				been received. KRS
				117A.030(2) authorizes the
				State Board of Elections to promulgate the administrative regulations necessary
				to implement KRS Chapter 117A. This administrative regulation establishes the
				procedures for the use of the federal write-in absentee ballot in elections in
				Kentucky and implements the electronic free-access system pursuant to
				KRS
				117A.130.
Section
			 1. Definitions.
(1) "Covered
			 Voter" is defined by KRS
			 117A.010(1).
(2) "Federal write-in absentee ballot" or
			 "FWAB" is defined by KRS
			 117A.010(4).
(3) "Military-overseas ballot" is defined by
			 KRS
			 117A.010(5).
Kentucky Administrative Regulations › Title 31 - STATE BOARD OF ELECTIONS › Chapter 5 - Voting › Section 31 KAR 5:040 - Questions regarding voter eligibility

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.826,
				117.001,
				117.015,
				117.025,
				117.035,
				117.225,
				117.245,
				117.227,
				117.228,
				117.245
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				117.015(1)(a) authorizes the
				State Board of Elections to promulgate administrative regulations necessary to
				properly administer the election laws of the state.
				KRS
				117.035(4)(c) requires that
				county boards of election meet and stay in session on primary, regular
				election, and special election days to correct clerical errors, to rules on
				questions regarding voter registration, proof of identification, and the curing
				of signatures relative to mail-in absentee ballots.
				KRS
				117.025(3)(d) requires the
				State Board of Elections to select the required format for any voter
				registration list provided to a county clerk.
				KRS
				117.228 details the procedures for casting a
				ballot if a voter is unable to provide proof of identification or is otherwise
				known to an election officer and requires the State Board of Elections to
				prescribe and furnish forms that voters must complete in these circumstances.
				This administrative regulation establishes procedures for when a voter's
				eligibility is questioned and the forms that are to be completed when
				necessary.
Section 1.
(1) A voter unable to provide proof of
			 identification as required under
			 KRS
			 117.225, and as defined under
			 KRS
			 117.001(15), shall:
(a) Meet the requirements of
			 KRS
			 117.228(1)(c) by executing
			 SBE Form 71, Voter Affirmation Form; and
(b) Provide alternative proof of
			 identification as required by
			 KRS
			 117.228(2).
Kentucky Administrative Regulations › Title 31 - STATE BOARD OF ELECTIONS › Chapter 6 - Help America Vote Act of 2002 › Section 31 KAR 6:010 - State-based administrative complaint procedure

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 117.015(1),
				42
				U.S.C. 15512
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				117.015(1)(a) authorizes the
				Kentucky State Board of Elections to promulgate administrative regulations
				necessary to properly carry out its duties in the administration of the
				election laws. The Help America Vote Act of 2002,
				42
				U.S.C. 15512, Section
				402(a),
				requires the establishment of a state-based administrative complaint procedure
				to remedy grievances in elections for federal offices. This administrative
				regulation establishes an administrative complaint procedure to remedy
				grievances in elections for federal offices.
Section 1. Definitions.
(1) "Board" means the State Board of
			 Elections or their designee as defined in
			 KRS
			 117.015 and
			 117.025.
(2) "Complainant" means the person who files
			 a complaint under this administrative regulation.
(3) "Federal election" means a primary,
			 general, or special election at which a federal office appears on the
			 ballot.
(4) "Presiding officer"
			 means the person appointed by the executive director of the board to conduct a
			 hearing on a complaint.
(5)
			 "Respondent" means any state or local election official whose actions are
			 alleged, in a written complaint, to be in violation of Title III of the Help
			 America Vote Act of 2002,
			 42
			 U.S.C. 15481.
(6) "State or local election official" means
			 the Secretary of State, the State Board of Elections, a county clerk, a county
			 board of elections, or any officer, agent, or appointee thereof.
(7) "Title III" means Title III of the Help
			 America Vote Act of 2002,
			 Pub.L.
			 107-252, codified at
			 42
			 U.S.C. 15481.
Kentucky Administrative Regulations › Title 31 - STATE BOARD OF ELECTIONS › Chapter 6 - Help America Vote Act of 2002 › Section 31 KAR 6:020 - Provisional voting

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				117.015(1),
				117.275,
				117.305,
				42
				U.S.C. 15482
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				117.015(1) authorizes the
				Kentucky State Board of Elections to promulgate administrative regulations
				necessary to properly carry out its duties in the administration of the
				election laws. The Help America Vote Act of 2002,
				42
				U.S.C. 15482, Section
				302(d)
				requires the state to comply with the provisions of that section concerning
				provisional voting in elections for federal offices. This administrative
				regulation establishes procedures for provisional voting.
Section 1. Definitions.
(1) "Provisional ballot" means a ballot cast
			 in an election for federal office by an individual who resides in a voting
			 precinct but whose eligibility to vote is in question or is not determinable on
			 election day.
(2) "Provisional
			 ballot inner envelope" means the envelope with the words "provisional ballot"
			 printed on the front.
(3)
			 "Provisional ballot outer envelope" means the envelope with the following
			 printed on the front:
(a) Precinct election
			 officer checklist of circumstances for issuing a provisional ballot;
(b) Provisional ballot affirmation;
			 and
(c) The county board of
			 elections checklist for indicating whether the ballot was counted and if not
			 counted the reason why.
Kentucky Administrative Regulations › Title 31 - STATE BOARD OF ELECTIONS › Chapter 6 - Help America Vote Act of 2002 › Section 31 KAR 6:030 - Uniform definition of a vote

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				117.265,
				117.379,
				117.381,
				42
				U.S.C. 15481
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				117.015(1) authorizes the
				State Board of Elections to promulgate administrative regulations necessary to
				properly carry out its duties.
				42
				U.S.C. 15481(a)(6) requires
				each state to adopt uniform and nondiscriminatory standards that define what
				constitutes a vote and what will be counted as a vote for each category of
				voting system used in the state. This administrative regulation establishes
				those standards.
Section 1.
			 Definitions.
(1) "Accessibility device" means
			 any mechanism:
(a) Used to aid the voter in
			 casting a vote for a candidate or an answer to a question on the ballot;
			 and
(b) That is approved pursuant
			 to
			 KRS
			 117.379 and
			 117.381.
Kentucky Administrative Regulations › Title 31 - STATE BOARD OF ELECTIONS › Chapter 6 - Help America Vote Act of 2002 › Section 31 KAR 6:040 - Elections and Voting Equipment Security Plan

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				117.015,
				117.085,
				117.086,
				117.187,
				117.275,
				117.383,
				42
				U.S.C. 15481
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				117.015(1)(a) authorizes the
				State Board of Elections to promulgate administrative regulations necessary to
				properly carry out its duties.
				KRS
				117.383(1) requires the
				State Board of Elections to prescribe rules and administrative regulations to
				achieve and maintain the maximum degree of correctness, impartiality, and
				efficiency of the procedures of voting.
				42
				U.S.C. 15481, Section
				301
				of the Help America Vote Act of 2002, requires the states to maintain voting
				systems that preserve the privacy of the voter and the confidentiality of the
				ballot, produce a record of the election, and provides accessibility for
				individuals with disabilities. This administrative regulation establishes
				procedures for maintaining security in the election process ensuring the
				maximum degree of correctness, impartiality, and efficiency in elections and
				ensures that the voting systems used in the state are maintained in a condition
				to meet the requirements of
				42
				U.S.C. 15481.
Section 1. General Provisions.
(1) The county board of elections shall:
(a) Establish an election and voting
			 equipment security plan covering all elections in the county and the security
			 of all voting systems and equipment used in the county; and
(b) File the County Board of Elections Notice
			 of Establishment of Elections and Voting Equipment Security Plan Form SBE 19,
			 on or before the first day of August of 2008 and on or before the first day of
			 March of each year beginning in 2009.
Kentucky Administrative Regulations › Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE › Chapter 1 - Reports and Forms › Section 32 KAR 1:020 - Statement of spending intent and appointment of campaign treasurer

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				121.015,
				121.160(1),
				121.180(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				121.120(1)(g) authorizes the
				Registry to promulgate administrative regulations necessary to carry out the
				provisions of KRS Chapter 121.
				KRS
				121.120(4) requires the
				Registry to promulgate administrative regulations and prescribe forms for the
				making of reports under KRS Chapter 121.
				KRS
				121.015(18) defines "form"
				to mean an online Web page or an electronic document designed to capture,
				validate, and submit data for processing to the registry.
				KRS
				121.160(1) requires
				candidates to designate a campaign treasurer.
				KRS
				121.180(1) requires certain
				candidates to use an electronic form if requesting an exemption from reporting
				to the Registry when they file for office. This administrative regulation
				establishes the Web page from which candidates designate their treasurers and
				state their spending intents.
Section
			 1. Appointment of Campaign Treasurer. Candidates shall designate
			 campaign treasurers, as required by
			 KRS
			 121.160(1), or state whether
			 they will act as their own campaign treasurers prior to beginning to campaign
			 for each primary, regular, or special election by using the Kentucky Election
			 Finance Management System found on the Registry's Web site at
https://kref.ky.gov
.
Section 2. Optional Request for Reporting
			 Exemption. Candidates shall state whether they are exempt from filing campaign
			 finance reports, as required by
			 KRS
			 121.180(1)(a), by stating
			 their spending intents for each primary, regular, or special election by using
			 the Kentucky Election Finance Management System found on the Registry's Web
			 site at
https://kref.ky.gov
.
STATUTORY AUTHORITY:
				  KRS
				  121.120(1)(g),
				  (4)
Kentucky Administrative Regulations › Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE › Chapter 1 - Reports and Forms › Section 32 KAR 1:030 - Campaign finance statements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				121.015,
				121.180,
				141.071
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				121.120(1)(g) authorizes the
				Registry to promulgate administrative regulations necessary to carry out the
				provisions of KRS Chapter 121.
				KRS
				121.120(4) requires the
				Registry to promulgate administrative regulations and prescribe forms for the
				making of reports under KRS Chapter 121.
				KRS
				121.015(18) defines "form"
				to mean an online Web page or an electronic document designed to capture,
				validate, and submit data for processing to the registry. This administrative
				regulation establishes the Web page from which candidates, slates of
				candidates, contributing organizations, and committees shall file campaign
				finance reports electronically as required by
				KRS
				121.180. It establishes how an executive
				committee of a political party determines whether it files annually or
				semiannually under KRS
				121.180(2)(c).
Section 1. All candidates, slates of
			 candidates, contributing organizations, and committees shall file the reports
			 required by KRS
			 121.180 using the Kentucky Election Finance
			 Management System found on the Registry's Web site at
https://kref.ky.gov
.
Section 2. If an executive committee of a
			 political party has $10,000 or more in its campaign account fund at any time
			 during the twelve (12) month period before July 1, it shall make the campaign
			 finance reports required by
			 KRS
			 121.180(2)(c) semiannually.
			 In making this determination, the committee shall include any funds received
			 from income tax checkoff contributions in accordance with
			 KRS
			 141.071(2), whether or not
			 those funds are kept in an account separate from other campaign funds. A
			 committee that does not have more than $10,000 in the twelve (12) month period
			 before July 1 shall use the Kentucky Election Finance Management System found
			 on the Registry's Web site at
https://kref.ky.gov
to certify to the
			 registry that it is not required to file a campaign finance report by July
			 31.
STATUTORY AUTHORITY:
				  KRS
				  121.120(1)(g),
				  (4)
Kentucky Administrative Regulations › Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE › Chapter 1 - Reports and Forms › Section 32 KAR 1:046

Current through Register Vol. 51, No. 1, July 1, 2024
The
				adopted version of this section by
				50
				Ky.R. 231,799; eff. 1/2/2024 is not yet
				available.
Kentucky Administrative Regulations › Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE › Chapter 1 - Reports and Forms › Section 32 KAR 1:050 - Political organization registration

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				121.015(3), (4),
				121.170,
				121.180
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				121.120(1)(g) authorizes the
				Registry to promulgate administrative regulations necessary to carry out the
				provisions of KRS Chapter 121.
				KRS
				121.120(4) requires the
				registry to promulgate administrative regulations and prescribe forms for the
				making of reports under KRS Chapter 121.
				KRS
				121.015(3)(b) 5. requires
				the Registry to determine by administrative regulation what constitutes a minor
				political party for purposes of committee registration. As defined by
				KRS
				121.015(4), a "contributing
				organization" is subject to contribution limits and required to file periodic
				campaign finance reports under
				KRS
				121.180(6).
				KRS
				121.015(18) defines "form"
				to mean an online Web page or an electronic document designed to capture,
				validate, and submit data for processing to the registry. This administrative
				regulation defines "minor political party" and "executive committee" and
				establishes the Web page that committees and contributing organizations shall
				use for registration.
Section 1.
			 Definitions.
(1) "Executive committee" means
			 an organizational unit or affiliate recognized within the document governing a
			 political party, that raises and spends funds to promote political party
			 nominees, and performs other activities commensurate with the day-to-day
			 operation of a political party, including voter registration drives, assisting
			 candidate fundraising efforts, holding state conventions or local meetings, and
			 nominating candidates for local, state, and federal office.
(2) "Minor political party" means an
			 association, committee, organization, or group having constituted authority for
			 its governance and regulation, which nominates or selects a candidate for
			 election to any federal or statewide-elected state office in Kentucky, whose
			 name appears on an election ballot as the candidate of the association,
			 committee, organization, or group, and does not have a recognized caucus
			 campaign committee within the Kentucky House or Senate, as defined by
			 KRS
			 121.015(3)(b)
			 1.-4.
(3) "Political organization"
			 means any committee or contributing organization, as those terms are defined by
			 KRS
			 121.015(3) and
			 (4).
Kentucky Administrative Regulations › Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE › Chapter 1 - Reports and Forms › Section 32 KAR 1:080 - Report of an independent expenditure

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				121.150(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				121.120(1)(g) grants the
				registry the power to promulgate administrative regulations necessary to carry
				out the provisions of KRS Chapter 121. This administrative regulation specifies
				the form to be used for reporting independent expenditures and incorporates
				this form by reference.
				KRS
				121.120(4) requires the
				registry to promulgate administrative regulations and prescribe forms for the
				making of reports under KRS Chapter 121.
Section
			 1. The "Report of an Independent Expenditure" form, KREF 013,
			 revised 05/2005, shall be the official form to report independent
			 expenditures.
Section 2.
			 Incorporation by Reference.
(1) "Report of
			 Independent Expenditure", KREF 013, revised 05/2005, is incorporated by
			 reference.
(2) This material may be
			 inspected, copied, or obtained, subject to applicable copyright law, at the
			 office of the Kentucky Registry of Election Finance, 140 Walnut Street,
			 Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
Kentucky Administrative Regulations › Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE › Chapter 1 - Reports and Forms › Section 32 KAR 1:090 - Financial disclosure report

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 61.710-61.780
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				61.760 requires the Registry of Election
				Finance to adopt such administrative regulations and official forms and perform
				such duties as are necessary to implement the provisions of
				KRS
				61.710 to
				61.780. The Registry
				is authorized and empowered to develop prescribed forms for making required
				reports.
				KRS
				61.760(2)(a).
Section 1. "Financial disclosure report" form
			 can be obtained at the Kentucky Registry of Election Finance, 140 Walnut
			 Street, Frankfort, Kentucky 40601. The form is hereby incorporated by
			 reference.
STATUTORY AUTHORITY:
				  KRS
				  13A.110,
				  61.760(2)
Kentucky Administrative Regulations › Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE › Chapter 1 - Reports and Forms › Section 32 KAR 1:100 - Slate software

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				121.120(6),
				121.180
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				121.120(1)(g) grants the
				registry the power to promulgate administrative regulations necessary to carry
				out the provisions of KRS Chapter 121.
				KRS
				121.120(4) requires the
				Kentucky Registry of Election Finance to promulgate administrative regulations,
				adopt official forms, and perform other duties necessary to implement the
				provisions of KRS Chapter 121.
				KRS
				121.120(6) requires the
				Kentucky Registry of Election Finance to promulgate administrative regulations
				to provide for a nonproprietary standardized format or formats, using industry
				standards, for the transmission of data required under KRS Chapter 121,
				concerning campaign financing.
				KRS
				121.120(6) also requires the
				Kentucky Registry of Election Finance to promulgate a filer format, to provide
				free filer software, and to post campaign finance data for statewide candidates
				on the Internet within ten (10) days of filing.
				KRS
				121.180(12)(c) specifically
				requires that electronic reporting be made available for all statewide
				candidates, including slates of candidates for Governor and Lieutenant
				Governor. This administrative regulation establishes requirements for
				electronic reporting for slates of candidates using the designated Electronic
				Reporting Data Transmission Format for gubernatorial elections.
Section 1. All slates of candidates, their
			 treasurers, and all campaign committees for slates of candidates that elect to
			 use filer-side software to compile, store, or transmit electronically campaign
			 finance data shall:
(1) Use only the
			 filer-side software for electronic reporting that has been determined to comply
			 with the "Electronic Reporting Data Transmission Format, 2003 Edition",
			 promulgated under
			 32
			 KAR 2:220; and
(2) Submit an electronic version generated by
			 the compliant filer-side software of all campaign finance reports required
			 under
			 KRS
			 121.180,
			 121A.020(5)
			 and 32 KAR 1:180 by filing on diskette or via the Kentucky Registry of Election
			 Finance's online Internet filing system, accompanied by the original paper
			 copy.
Kentucky Administrative Regulations › Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE › Chapter 1 - Reports and Forms › Section 32 KAR 1:190 - Forms for gubernatorial slates of candidates and related filers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				121.160(1),
				121.180(3),
				(9)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				121.120(1)(g) grants the
				Registry the power to promulgate administrative regulations necessary to carry
				out the provisions of KRS Chapter 121.
				KRS
				121.120(4) requires the
				Kentucky Registry of Election Finance to promulgate administrative regulations
				and official forms necessary to carry out the provisions of KRS Chapter 121,
				relating to the registration and reporting by slates of candidates for Governor
				and Lieutenant Governor. This administrative regulation establishes those
				forms.
Section 1. Gubernatorial Slates
			 of Candidates Forms. The forms incorporated by reference in Section 2(1)(a) and
			 (b) of this administrative regulation, shall be the official forms for slates
			 of candidates for Governor and Lieutenant Governor.
Section 2. Incorporation by Reference.
(1) The following material is incorporated by
			 reference:
(a) "Slate of Candidates
			 Appointment of Campaign Treasurer" form, KREF 001/G, revised 05/2005;
			 and
(b) "Gubernatorial Slate
			 Campaign Committee Registration" form, KREF 010/G, revised 05/2005.
Kentucky Administrative Regulations › Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE › Chapter 2 - Practice and Procedure › Section 32 KAR 2:020 - General provisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 121.120, 121.140, 446.030
NECESSITY, FUNCTION, AND CONFORMITY: KRS 121.120(1)(g)
				authorizes the Registry of Election Finance to promulgate administrative
				regulations necessary to carry out and enforce the campaign finance laws
				contained in KRS Chapter 121. This administrative regulation establishes
				procedures for processing possible violations of campaign finance law and
				establishes general provisions that shall apply throughout 32 KAR Chapter 2
				governing practice and procedure.
Section
			 1. Definitions.
(1) "Campaign
			 finance law" means statutes in KRS Chapter 121 and administrative regulations
			 in KAR Title 32.
(2) "Complainant"
			 means any person who files a complaint with the Registry of Election Finance
			 alleging a violation of campaign finance law.
(3) "Complaint" means an allegation filed
			 with the Registry of Election Finance charging that a violation of campaign
			 finance law has occurred or is about to occur.
(4) "Conciliation agreement" means an
			 agreement offered by the Registry of Election Finance to an alleged violator of
			 campaign finance law as provided in KRS 121.140.
(5) "Hearing officer" means the retired or
			 former justice or judge selected by the process described in KRS 121.140(4).
(6) "Registry" means
			 the Registry of Election Finance.
(7) "Respondent" means any person against
			 whom a complaint has been filed with the Registry of Election Finance or
			 against whom action is taken by the registry based upon information ascertained
			 through its normal enforcement activity.
Kentucky Administrative Regulations › Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE › Chapter 2 - Practice and Procedure › Section 32 KAR 2:030 - Complaints; internally-generated matters

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 121.140, 121.180
NECESSITY, FUNCTION, AND CONFORMITY: KRS 121.120(1)(g)
				authorizes the Registry of Election Finance to promulgate administrative
				regulations necessary to carry out KRS Chapter 121. This administrative
				regulation establishes the procedure to be followed by the Registry of Election
				Finance in processing complaints of alleged violations of campaign finance
				law.
Section 1. Filing Requirements
			 for Complaints.
(1) A person who believes that
			 a violation of campaign finance law may have occurred or is about to occur may
			 file a complaint in writing with the general counsel, Registry of Election
			 Finance, 140 Walnut Street, Frankfort, Kentucky 40601.
(2) A complaint alleging a violation shall be
			 filed within one (1) year from the time the violation has occurred. If the
			 alleged practice is of a continuing nature, the date of the occurrence of the
			 practice shall be deemed to be any date subsequent to the commencement of the
			 practice until the date on which the practice has ceased, or the date on which
			 the complaint is filed. The registry may refer a complaint to the Office of the
			 Attorney General for potential criminal prosecution at any time.
(3) A complaint filed with the general
			 counsel shall comply with the following requirements:
(a) The complaint shall provide the full name
			 and address of the complainant.
(b)
			 The contents of the complaint shall be sworn to and signed in the presence of a
			 notary public and shall be duly notarized.
(c) The complaint shall state that statements
			 contained within it are based upon the complainant's personal knowledge and are
			 made under penalty of perjury.
(d)
			 The complaint shall clearly identify as a respondent each person or entity who
			 is alleged to have committed a violation or is about to commit a
			 violation.
(e) The complaint shall
			 contain a clear and concise recitation of the facts which support the
			 allegation of a violation of campaign finance law.
(f) The complaint shall be accompanied by
			 documentation supporting the allegations if the documentation is known by and
			 available to the complainant.
Kentucky Administrative Regulations › Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE › Chapter 2 - Practice and Procedure › Section 32 KAR 2:040 - Investigatory procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 121.140, 121.180
NECESSITY, FUNCTION, AND CONFORMITY: KRS 121.120(1)(g)
				authorizes the Registry of Election Finance to promulgate administrative
				regulations necessary to carry out KRS Chapter 121. This administrative
				regulation establishes a procedure for investigations into complaints or
				internally generated matters and is necessary to ensure a consistent
				procedure.
Section 1. Investigations.
(1) An investigation shall be conducted if
			 the general counsel finds reason to believe that a violation of a campaign
			 finance law may have occurred or is about to occur, or at the direction of the
			 registry if the general counsel's recommendation of dismissal is
			 rejected.
(2) In its investigation,
			 the registry may utilize the provisions of Sections 2 to 5 of this
			 administrative regulation. The investigation may include field investigations,
			 audits, and other methods of information gathering.
Kentucky Administrative Regulations › Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE › Chapter 2 - Practice and Procedure › Section 32 KAR 2:050 - Conciliation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 121.140
NECESSITY, FUNCTION, AND CONFORMITY: KRS 121.120(1)(g)
				authorizes the Registry of Election Finance to promulgate administrative
				regulations necessary to carry out the provisions of KRS Chapter 121. This
				administrative regulation establishes conciliation procedures.
Section 1. Negotiations.
(1) Upon a registry finding of probable
			 cause, the general counsel and executive director shall attempt to correct or
			 prevent the violation by informal methods of conference, conciliation, and
			 persuasion and shall attempt to reach a tentative conciliation agreement with
			 the respondent.
(2) During
			 conciliation negotiations, the general counsel and executive director shall
			 consider as a mitigating factor the attendance by a candidate or treasurer at
			 one (1) or more training sessions sponsored by the registry, directly preceding
			 the election during which the violation occurred. Based upon this and any other
			 mitigating factors, the general counsel and executive director may reduce a
			 fine, if proposed by the registry.
(3) A conciliation agreement shall not be
			 binding upon either party until it is signed by the respondent, the general
			 counsel, and the executive director and approved by the registry.
(4) If the probable cause to believe finding
			 is made within forty-five (45) days preceding an election, the conciliation
			 attempt shall continue for at least fifteen (15) days from the date of the
			 finding. In all other cases, conciliation attempts by the registry shall
			 continue for at least thirty (30) days.
(5) If a conciliation agreement is reached
			 between the registry and the respondent, the general counsel shall send a copy
			 of the signed agreement to both complainant and respondent.
Kentucky Administrative Regulations › Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE › Chapter 2 - Practice and Procedure › Section 32 KAR 2:060 - Advisory opinions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 121.135
NECESSITY, FUNCTION, AND CONFORMITY: KRS 121.120(1)(g)
				authorizes the Registry of Election Finance to promulgate administrative
				regulations necessary to carry out KRS Chapter 121. KRS 121.135 requires the
				Registry of Election Finance to issue advisory opinions concerning the
				application of campaign finance law. This administrative regulation establishes
				the process through which advisory opinions may be requested and issued.
Section 1. Requests for Advisory Opinions.
(1) A person may request in writing an
			 advisory opinion concerning the application of campaign finance law with regard
			 to a particular transaction. An authorized agent of the person requesting an
			 advisory opinion may submit the advisory opinion request, but the agent shall
			 disclose the identity of the principal.
(2)
(a) The
			 written advisory opinion request shall describe a specific transaction or
			 activity that the requesting person:
1. Plans
			 to undertake;
2. Is presently
			 undertaking; or
3. Intends to
			 undertake in the future.
(b) Requests presenting a general question of
			 interpretation, posing a hypothetical situation, or regarding the activities of
			 third parties shall not be considered.
(3) Advisory opinion requests shall include a
			 complete description of all facts relevant to the specific transaction or
			 activity with respect to which the request is made.
(4) The office of general counsel shall
			 review all requests for advisory opinions submitted to the registry. If the
			 office of general counsel determines that a request is incomplete or otherwise
			 fails to meet the criteria established in this section, it shall, within ten
			 (10) calendar days of receipt of the request, notify the requesting person of
			 any deficiencies in the request.
(5) Advisory opinion requests shall be
			 submitted by:
(a) Mail to the Office of the
			 General Counsel, Registry of Election Finance, 140 Walnut Street, Frankfort,
			 Kentucky 40601; or
(b) Email to
			 KREFRequests@ky.gov.
(6)
			 Upon receipt by the registry, each request which qualifies as an advisory
			 opinion request (AOR) under this section shall be assigned an AOR number for
			 reference purposes.
Kentucky Administrative Regulations › Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE › Chapter 2 - Practice and Procedure › Section 32 KAR 2:070 - Fundraiser registration

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				121.015(11),
				121.170(2)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				121.120(1)(g) grants the
				Registry the power to promulgate administrative regulations necessary to carry
				out the provisions of KRS Chapter 121.
				KRS
				121.120(4) requires the
				Registry to promulgate administrative regulations and prescribe forms for the
				making of reports under KRS Chapter 121.
				KRS
				121.170(2) require persons
				who directly solicit and secure contributions for a candidate or slate of
				candidates in excess of $3,000 in an election to register as a fundraiser with
				the Registry of Election Finance. this administrative regulation established
				the procedure through which persons qualifying as fundraisers shall register
				with and report to the Registry of Election Finance.
Section 1. Definitions. "Fundraiser" is
			 defined by
			 KRS
			 121.015(11).
Section 2. Fundraiser Registration Procedure;
			 Exemptions.
(1) Any person who qualifies as a
			 fundraiser as defined in
			 KRS
			 121.015(11) shall register
			 with the registry immediately upon securing contributions for a candidate or
			 slate of candidates in excess of $3,000 in an election. A fundraiser shall
			 register by filing the "Fundraiser Registration" form with the Registry of
			 Election Finance, 140 Walnut Street, Frankfort, Kentucky 40601. A registered
			 fundraiser shall comply with applicable reporting requirement as provided in
			 KRS
			 121.170(2), by filing the
			 "Registered Fundraiser Statement" with the Registry of Election Finance, 140
			 Walnut Street, Frankfort, Kentucky 40601.
(2) As part of the packet of forms and
			 instructions regularly provided to candidates by the registry, each candidate
			 or slate of candidates shall receive all necessary forms and instructions for
			 complying with applicable reporting requirements. It shall be the duty of the
			 candidate, slate of candidates, or the appropriate campaign treasurer to
			 provide the forms and reporting instructions to each person who qualifies as a
			 fundraiser for the candidate or slate of candidates.
(3) For purposes of this administrative
			 regulation, the following activities shall not qualify a person as a
			 fundraiser:
(a) Serving as treasurer of a
			 campaign committee;
(b) Performing
			 clerical duties such as receiving contributions or preparing and filing
			 campaign finance reports;
(c)
			 Communicating an endorsement of a candidate or slate of candidates which
			 indirectly results in the receipt of contributions, provided that the
			 communication is not followed by one-on-one direct oral or written solicitation
			 of contributions by the person making the endorsement; or
(d) Acting as host of a social event at one's
			 residence or place of business, provided that the host does not directly
			 solicit and secure contributions in excess of $3,000.
Kentucky Administrative Regulations › Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE › Chapter 2 - Practice and Procedure › Section 32 KAR 2:080 - Political activities of registry members and employees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				121.120(5)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				121.120(5) provides that
				registry members and employees "shall be free of obligation or the appearance
				of obligation to any interest other than the fair and efficient enforcement of
				the campaign finance laws and administrative regulations". The purpose of this
				administrative regulation is to establish guidelines to govern the political
				activities of registry members and employees.
Section 1. To ensure the fair and efficient
			 enforcement of campaign finance laws and administrative regulations, registry
			 members or employees shall not engage in any activity which creates the
			 appearance of bias or predisposition with regard to any person, political
			 party, candidate, or committee, or as to any matter subject to registry action.
			 Registry members or employees shall not serve as a member of any committee of a
			 political party, or as an officer or member of a committee of a partisan
			 political club, nor shall a registry member or employee serve on a campaign
			 committee or otherwise participate in the management or affairs of any
			 political party or campaign. However, this administrative regulation shall not
			 be construed to restrict the right of a registry member or employee to exercise
			 his rights as a citizen to privately express his political views or to vote in
			 any election.
STATUTORY AUTHORITY:
				  KRS
				  121.120(1)(g)
Kentucky Administrative Regulations › Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE › Chapter 2 - Practice and Procedure › Section 32 KAR 2:100 - Postelection and supplemental reports

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				121.180(3), (4), (7)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				121.180(3)(b) requires
				candidates, campaign committees, political issues committees, and registered
				fundraisers to file a report on the 32nd day preceding an election.
				KRS
				121.180(4) and (7) require
				that candidates, campaign committees, political issues committees, and
				registered fundraisers shall file postelection reports within thirty (30) days
				after the election, and supplemental reports until any balance of funds
				remaining or debts owed show no unexpended balance or unpaid deficit. It is
				necessary to promulgate this administrative regulation to clarify the manner in
				which these reports are to be compiled as the transition is made between
				reporting periods for the primary and regular elections.
Section 1. Definitions.
(1) "Thirty (30) day postelection report"
			 means the postelection report required by
			 KRS
			 121.180(4).
(2) "Supplemental report" means the report
			 required by
			 KRS
			 121.180(7).
(3) "Thirty-two (32) day preelection report"
			 means the report required by
			 KRS
			 121.180(3)(b).
Kentucky Administrative Regulations › Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE › Chapter 2 - Practice and Procedure › Section 32 KAR 2:110 - Disclaimers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				121.190(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				121.190(1) requires that all
				"newspaper or magazine advertising, posters, circulars, billboards, handbills,
				sample ballots, and paid-for television of radio announcements" relating to the
				candidacy of any person for public office include a disclaimer indicating by
				whom the cost of the material was paid. While the statute specifically
				enumerates certain materials which must have a disclaimer, there are many other
				methods of political advertisement utilized by candidates and committees which
				are not addressed. It is necessary to promulgate this administrative regulation
				to establish guidelines for disclaimer requirements for items not covered by
				statute.
Section 1. Definitions.
			 "Disclaimer" means the identification of an advertising sponsor required by
			 KRS
			 121.190(1).
Section 2. Exemptions.
(1) Disclaimers shall not be required for
			 calling cards smaller than three and one-half (3 1/2) inches by five (5)
			 inches, pencils, pens, emery boards, fly swatters, match-books, bumper
			 stickers, and articles of clothing such as hats, tee shirts, sweat shirts, and
			 jackets, or other items made of material on which a disclaimer would be
			 illegible.
(2) Materials exceeding
			 a single page which are distributed by mail shall be considered as being in
			 substantial compliance with disclaimer requirements if at least one (1) page of
			 the mailing includes a disclaimer.
(3) Envelopes stamped with a return address
			 which includes the name of the candidate or campaign committee as an indication
			 that the candidate is seeking election to public office shall not be required
			 to include a disclaimer, provided that at least one (1) piece of the envelope's
			 contents includes a disclaimer as provided in subsection (2) of this
			 section.