Title 031 | Chapter 003 | Regulation 010REG


PROPOSED
This document is not yet current.
View Current Regulation
PREVIOUS VERSION
The previous document that this document is based upon is available.
View Previous Version
STATE BOARD OF ELECTIONS
(Amendment)

31 KAR 3:010.Current address of Kentucky registered voters and distribution of voter registration lists.

Section 1.

Definitions.

(1)

"Advertisement" means any attempt by publication, dissemination, solicitation, or circulation to induce any person to enter into any obligation, or acquire any title or interest in any good or service.

(2)

"Alphabetical labels" means labels of registered voters within the precinct with one (1) name per label and sorted in alphabetical order.

(3)

"Alphabetical lists" means lists of registered voters generated from the statewide voter registration database and sorted in alphabetical order by last name within a precinct that have the name, address, age code, party, gender, zip code, and five (5) year voting history of every voter in the precinct.

(4)

"Duly qualified candidate" means any person who has filed:

(a)

A letter of intent with the Kentucky Registry of Election Finance; or

(b)

Nomination papers with the Office of the Secretary of State or county clerk.

(5)

"Household labels by street order" means labels that are generated from the statewide voter registration database and sorted by street address within the precinct with as many as four (4) names per label of the voters whose last name and address are an identical match.

(6)

"Household labels by zip code order" means labels that are generated from the statewide voter registration database and sorted by zip code within the county with as many as four (4) names per label of the voters whose last name and address are an identical match.

(7)

"Sale" means any sale, rental, distribution, offer for sale, rental, or distribution, or attempt to sell, rent, or distribute any good or service to another.

(8)

"Statewide voter registration database" means a complete roster of all qualified voters within the state by county and precinct that the State Board of Elections is required to maintain pursuant to KRS 117.025(3)(a).

(9)

"Street order lists" means lists of registered voters generated from the statewide voter registration database sorted in street order within a precinct and contain the name, address, age code, party, gender, zip code, and a five (5) year voting history of every registered voter in the precinct.

(10)

"Voter registration list" has the same meaning as the term "precinct list" as used in KRS 117.025(3)(i) and in this administrative regulation, and means a list of registered voters generated from the statewide voter registration database in any format in any given election precinct in the Commonwealth of Kentucky that the State Board of Elections is required to furnish pursuant to KRS 117.025(3)(i)(h).

Section 2.

Correction of Voter Registration Records.

(1)

Each county clerk shall instruct the precinct election officers of the necessity for informing each voter that he or she shall correct any error existing in his or her address as it appears upon the precinct signature roster.

(2)

Each precinct election officer shall instruct each voter to correct any error existing in his or her address as it appears upon the precinct signature roster provided under KRS 117.025(3)(b) or (c).

(3)

Each voter shall, when he or she signs the precinct signature roster, correct any error existing in his or her address as it appears upon the precinct signature roster.

(4)

Each county clerk shall take all steps necessary to correct and update each voter's address upon the statewide voter registration database.

Section 3.

Interpretation of Commercial Use. Commercial use, as that term is used in KRS 117.025(3)(i)(h), shall be interpreted by the Board of Elections to mean:

(1)

The use by the requester of the voter registration list, or any part thereof, in any form, for profit, the solicitation of donations, or for the sale or advertisement of any good, , service, or publication; or

(2)

The transfer or sale of a voter registration list by the requester to any other person whom the requester knew or should have known intended to use the voter registration list, or any part thereof, in any form, for profit, the solicitation of donations, or for the sale or advertisement of any good, service, or publication.

Section 4.

Exceptions to Commercial Use Interpretation. Commercial use shall not include use of a voter registration list, or any part thereof, for the following purposes:

(1)

Use for scholarly, journalistic, political (including political fund raising), or governmental purposes; or

(2)

Use for publication, broadcast, or related use by a newspaper, magazine, radio station, television station, or other news medium in its news or other publications or broadcasts.

Section 5.

State Board to Prohibit Foreign Access to Voter Registration Lists. The board's discretion to furnish precinct lists to other persons, as stated in KRS 117.025(3)(i)(h), shall not extend to:

(1)

Requests known to come from outside of the United States or from requestors known to be closely associated with other persons known to be located outside of the United States, or;

(2)

Requests of which, the board believes if filled, would reasonably be expected to result in voter registration data leaving the United States.

Section 6.

Requests for Voter Registration Lists. A request for voter registration lists shall be made by submitting a completed Request for Voter Registration Data, form SBE-84, to the State Board of Elections with payment of fees established in form SBE-84.

Section 7.

Incorporation by Reference.

(1)

"Request for Voter Registration Data", SBE 84, 10/2025December 2021, is incorporated by reference.

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the State Board of Elections, 140 West Walnut Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

(3)

This material may also be obtained on the board's Web site at https://elect.ky.gov/Candidates/Pages/Request-Voter-Registration-Data.aspx.

KAREN SELLERS, Executive Director
APPROVED BY AGENCY: October 13, 2025
FILED WITH LRC: October 14, 2025 AT 11:55 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on December 22, 2025, at 11:00 a.m. ET, at the Office of the State Board of Elections. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. This hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until December 31, 2025. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Taylor Brown, General Counsel, 140 Walnut Street, Frankfort, Kentucky 40601, Phone: (502) 782-9499, Email: TaylorA.Brown@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Taylor Brown
Subject Headings:
Elections and Voting; County Clerks; Local Governments
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the procedures for election officials and voters to follow to correct and maintain voter registration records and establishes standards for the State Board of Elections to follow when reviewing a request for a voter registration list.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to maintain the maximum degree of correctness, impartiality, and efficiency in the procedures of voting.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 117.015(1)(a) authorizes the State Board of Elections to promulgate administrative regulations necessary to properly carry out its duties.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in maintaining the maximum degree of correctness, impartiality, and efficiency in the procedures of voting. (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment updates several definitions and statutory references, in addition to the Form SBE 84.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary given changes to the law since the regulation’s previous effective date.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 117.015(1)(a) authorizes the State Board of Elections to promulgate administrative regulations necessary to properly carry out its duties.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment will assist in maintaining the maximum degree of correctness, impartiality, and efficiency in the procedures of voting.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
This amendment does not implement legislation from the previous five years.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation will affect voters of the Commonwealth and those mentioned in KRS 117.015(3)(i): "duly qualified candidates, political party committees or officials thereof, or any committee that advocates or opposes an amendment or public question," as well as, "other persons" who may choose to request voter registration data.
(5) Provide an analysis of how the entities identified in question (4) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (4) will have to take to comply with this administrative regulation or amendment:
. This amendment will require those mentioned above to take the same action they previously engaged in, namely, submitting a completed Request for Voter Registration Data, Form SBE 84.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
The State Board of Elections estimates that the implementation of this administrative regulation will have minimal costs.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
Compliance with this new administrative regulation will benefit all by assisting in maintaining the maximum degree of correctness, impartiality, and efficiency in the procedures of voting.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The cost of the implementation of this administrative regulation for the State Board of Elections will be minimal.
(b) On a continuing basis:
The continuing costs of this administrative regulation for the State Board of Elections will be minimal.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
Funds from the State Board of Elections’ administrative budget will be used in the implementation and enforcement of this administrative regulation.
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
Implementation of this administrative regulation can be achieved without an increase in fees or funding by the General Assembly.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No fees are associated with this administrative regulation.
(10) TIERING: Is tiering applied?
Tiering is not used in this administrative regulation, as a desired result of the promulgation of this administrative regulation is uniform procedures for the administration of elections throughout all of the counties in the Commonwealth.

FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
KRS 117.015(1)(a) and KRS 117.025(3)(i) require and authorize the actions taken by this administrative regulation.
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
This administrative regulation is expressly authorized by the creation of KRS 117.015(a), 2005 Ky. Acts ch. 91, sec. 2.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
This administrative regulation will affect the promulgating agency, the State Board of Elections.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
For subsequent years:
The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
2. Revenues:
For the first year:
The State Board of Elections expects that this administrative regulation amendment may result in only nominal revenues for the agency.
For subsequent years:
The State Board of Elections expects that this administrative regulation amendment may result in only nominal revenues for the agency.
3. Cost Savings:
For the first year:
The State Board of Elections expects that this administrative regulation will not generate any specific cost savings.
For subsequent years:
The State Board of Elections expects that this administrative regulation will not generate any specific cost savings.
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
This administrative regulation will affect county boards of election. (b) Estimate the following for the first year:
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
For subsequent years:
The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
2. Revenues:
For the first year:
It is not expected or intended that this administrative regulation will generate any revenue.
For subsequent years:
It is not expected or intended that this administrative regulation will generate any revenue.
3. Cost Savings:
For the first year:
The State Board of Elections expects that this administrative regulation will not generate any specific cost savings for the regulated entities.
For subsequent years:
The State Board of Elections expects that this administrative regulation will not generate any specific cost savings for the regulated entities.
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
This administrative regulation will affect voters of the Commonwealth.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
For subsequent years:
The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
2. Revenues:
For the first year:
It is not expected or intended that this administrative regulation will generate any revenue.
For subsequent years:
It is not expected or intended that this administrative regulation will generate any revenue.
3. Cost Savings:
For the first year:
The State Board of Elections expects that this administrative regulation will not generate any specific cost savings for the regulated entities.
For subsequent years:
The State Board of Elections expects that this administrative regulation will not generate any specific cost savings for the regulated entities.
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
The State Board of Elections expects that this administrative regulation will have little to no fiscal impact on the regulated entities, outside those expenditures already undertaken.
(b) Methodology and resources used to reach this conclusion:
This determination of this administrative regulation’s fiscal impact is made by the listed contact person and other agency staff based on their collective experience with the subject matter.
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
The State Board of Elections does not expect that this administrative regulation will result in a "major economic impact" as the combined implementation and compliance costs of an administrative regulation are not expected no rise to at least five hundred thousand dollars ($500,000) over any two (2) year period.
(b) The methodology and resources used to reach this conclusion:
This conclusion is made by the listed contact person and other agency staff based on their collective experience with the subject matter.

7-Year Expiration: 6/1/2025

Last Updated: 10/15/2025


Page Generated: 2/4/2025, 3:28:47 PM