Title 031 | Chapter 003 | Regulation 041
SUPERSEDED
This document is no longer current.
STATE BOARD OF ELECTIONS
(New Administrative Regulation)
31 KAR 3:041.Electronic Voter Registration System.
Section 1.
Definition. "Applicant" means a person who uses the electronic voter registration system established by the State Board of Elections to register or reregister to vote or to update voter registration information.Section 2.
Use of Electronic Voter Registration System.(1)
The State Board of Elections shall, as funds permit, establish an electronic voter registration system by which persons may register or reregister to vote or update voter registration information.(2)
In addition to the methods set forth in KRS 116.045(4), a person who meets all eligibility requirements may register or reregister to vote or update voter registration information by using the electronic voter registration system established by the State Board of Elections pursuant to this administrative regulation.Section 3.
Contents of Electronic Voter Registration System Application Form. The electronic voter registration system application shall:(1)
Include the electronic equivalent of the registration application form prescribed and furnished by the State Board of Elections under KRS 116.155, including a warning relating to the potential penalties applicable to an applicant knowingly filing an application with untrue information and a voter declaration affirmation as required by KRS 116.065;(2)
Require the applicant who has a Kentucky driver's license or Kentucky personal identification card to:(a)
Agree to the use of his or her Kentucky driver's license signature or Kentucky personal identification card signature for voter registration purposes; and(b)
Provide his or her Kentucky driver's license number or Kentucky personal identification card number.(3)
Require the applicant who does not have a Kentucky driver's license or Kentucky personal identification card, to either:(a)
Provide an electronic signature to be used for voter registration purposes; or(b)
Print the registration application, sign it, and return it to the county clerk for the county in which the applicant resides.Section 4.
Processing Voter Registration Application Submitted Via the Electronic Voter Registration System.(1)
The electronic voter registration system shall not allow an applicant to submit an application unless:(a)
The entire application form, including the voter declaration affirmation as required by KRS 116.065, is completed by the applicant; and(b)
The applicant has either:1.
Agreed to the use of his or her Kentucky driver's license signature or Kentucky personal identification card signature for voter registration purposes and provided his or her Kentucky driver's license number or Kentucky personal identification card number pursuant to Section 3(2) of this administrative regulation; or2.
Provided an electronic signature to be used for voter registration purposes pursuant to Section 3(3)(a) of this administrative regulation.(2)
Immediately upon the applicant's submission of an application that meets the requirements of subsection (1) of this section, the State Board of Elections shall:(a)
If the applicant agreed to the use of his or her Kentucky driver's license signature or Kentucky personal identification card signature for voter registration purposes and provided his or her Kentucky driver's license number or Kentucky personal identification card number pursuant to Section 3(2) of this administrative regulation:1.
Check the information submitted by the applicant to ensure that the Kentucky driver's license number or Kentucky personal identification card number submitted by the applicant matches the information maintained by the Transportation Cabinet; and2.
If a match is made:a.
Electronically forward the information provided in the application, along with a digital copy of the applicant's signature obtained from the Transportation Cabinet, to the county clerk for the county in which the applicant resides; andb.
Notify the applicant that the application has been electronically forwarded to the county clerk for the county in which the applicant resides, but that the applicant will not be officially registered to vote or that changes to the applicant's existing registration will not be made until the application is received and processed by the county clerk.3.
If a match cannot be made, notify the applicant that the application cannot be processed and instruct the applicant to print the application, sign it, and mail or hand deliver it to the county clerk for the county in which the applicant resides.(b)
If the applicant provided an electronic signature to be used for voter registration purposes pursuant to Section 3(3)(a) of this administrative regulation:1.
Electronically forward the information provided in the application, along with the applicant's electronic signature, to the county clerk for the county in which the applicant resides; and2.
Notify the applicant that the application has been electronically forwarded to the county clerk for the county in which the applicant resides, but that the applicant will not be officially registered to vote or that changes to the applicant's existing registration will not be made until the application is received and processed by the county clerk.(3)
An electronic voter registration application shall be deemed to have been made and received by the appropriate county clerk as of the date the applicant is informed pursuant to subsection (2) of this section that the application has been electronically forwarded to the county clerk for the county in which the applicant resides.(4)
Except as otherwise specifically provided, an electronic voter registration application electronically forwarded by the State Board of Elections shall be considered an application for registration by mail.Section 5.
Incorporated by Reference.(1)
Commonwealth of Kentucky Voter Registration Application, Form SBE 01, 04/2024, 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 Walnut Street, Frankfort, Kentucky Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.KAREN SELLERS, Executive Director
APPROVED BY AGENCY: April 12, 2024
FILED WITH LRC: April 15, 2024 at 10:56 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this new administrative regulation shall be held on June 28, 2024, at 10:00 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 June 30, 2024. 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
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation approves and establishes procedures for use of an electronic voter registration system to register or reregister to vote or to update voter registration information.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to allow voters in the Commonwealth the ability to register or reregister to vote or to update their voter registration information electronically.
(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 allows the public to readily see that the Electronic Voter Registration System is a method of registration or reregistration approved by the State Board of Elections under KRS 116.045(4)(e).
(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:
(b) The necessity of the amendment to this administrative regulation:
(c) How the amendment conforms to the content of the authorizing statutes:
(d) How the amendment will assist in the effective administration of the statutes:
This is a new administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation will affect all voters in the Commonwealth who seek the ability to register or reregister to vote or to update their voter registration information, as well as, the county clerks who may receive those registrations.
(4) Provide an analysis of how the entities identified in question (3) 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 (3) will have to take to comply with this administrative regulation or amendment:
To comply with this administrative regulation, voters will need to go on to the internet to access the Electronic Voter Registration System and county clerks will need to go online to receive and process submitted applications.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The State Board of Elections estimates that the implementation of this administrative regulation will cost voters and county clerks no more funds than are already being expended.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Compliance with this new administrative regulation will benefit voters and county clerks in standardizing the voter registration process while adding the convenience of online access to the process.
(5) 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 as it will require only the creation of the new Form SBE 01.
(b) On a continuing basis:
The State Board of Elections anticipates this administrative regulation will cost no more funds than are already being expended.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Funds from the State Board of Elections’ administrative budget will be used in the implementation and enforcement of this administrative regulation.
(7) 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.
(8) 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.
(9) 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), 117.015(1)(a), and 116.045(4)(e) require and authorize the actions taken by this administrative regulation.
(2) 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.
(a) Estimate the following for the first year:
Expenditures:
The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
Revenues:
It is not expected or intended that this administrative regulation will generate any revenue.
Cost Savings:
The State Board of Elections expects that this administrative regulation will not generate any specific cost savings.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The State Board of Elections does not anticipate expenditures, revenues, or cost savings to differ in subsequent years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
This administrative regulation will affect county clerks.
(a) Estimate the following for the first year:
Expenditures:
The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
Revenues:
It is not expected or intended that this administrative regulation will generate any revenue.
Cost Savings:
The State Board of Elections expects that this administrative regulation will not generate any specific cost savings for the regulated entities.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The State Board of Elections does not anticipate expenditures, revenues, or cost savings to differ in subsequent years.
(4) Identify additional regulated entities not listed in questions (2) or (3):
This administrative regulation will affect voters of the Commonwealth.
(a) Estimate the following for the first year:
Expenditures:
The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
Revenues:
It is not expected or intended that this administrative regulation will generate any revenue.
Cost Savings:
The State Board of Elections expects that this administrative regulation will not generate any specific cost savings for the regulated entities.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The State Board of Elections does not anticipate expenditures, revenues, or cost savings to differ in subsequent years.
(5) Provide a narrative to explain the:
(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 determine the fiscal impact:
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.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
The State Board of Elections does not expect that this administrative regulation will result in a negative or adverse major economic impact to the entities identified in questions (2) - (4).
(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.
STATE BOARD OF ELECTIONS
(New Administrative Regulation)
31 KAR 3:041.Electronic Voter Registration System.
Section 1.
Definition. "Applicant" means a person who uses the electronic voter registration system established by the State Board of Elections to register or reregister to vote or to update voter registration information.Section 2.
Use of Electronic Voter Registration System.(1)
The State Board of Elections shall, as funds permit, establish an electronic voter registration system by which persons may register or reregister to vote or update voter registration information.(2)
In addition to the methods set forth in KRS 116.045(4), a person who meets all eligibility requirements may register or reregister to vote or update voter registration information by using the electronic voter registration system established by the State Board of Elections pursuant to this administrative regulation.Section 3.
Contents of Electronic Voter Registration System Application Form. The electronic voter registration system application shall:(1)
Include the electronic equivalent of the registration application form prescribed and furnished by the State Board of Elections under KRS 116.155, including a warning relating to the potential penalties applicable to an applicant knowingly filing an application with untrue information and a voter declaration affirmation as required by KRS 116.065;(2)
Require the applicant who has a Kentucky driver's license or Kentucky personal identification card to:(a)
Agree to the use of his or her Kentucky driver's license signature or Kentucky personal identification card signature for voter registration purposes; and(b)
Provide his or her Kentucky driver's license number or Kentucky personal identification card number.(3)
Require the applicant who does not have a Kentucky driver's license or Kentucky personal identification card, to either:(a)
Provide an electronic signature to be used for voter registration purposes; or(b)
Print the registration application, sign it, and return it to the county clerk for the county in which the applicant resides.Section 4.
Processing Voter Registration Application Submitted Via the Electronic Voter Registration System.(1)
The electronic voter registration system shall not allow an applicant to submit an application unless:(a)
The entire application form, including the voter declaration affirmation as required by KRS 116.065, is completed by the applicant; and(b)
The applicant has either:1.
Agreed to the use of his or her Kentucky driver's license signature or Kentucky personal identification card signature for voter registration purposes and provided his or her Kentucky driver's license number or Kentucky personal identification card number pursuant to Section 3(2) of this administrative regulation; or2.
Provided an electronic signature to be used for voter registration purposes pursuant to Section 3(3)(a) of this administrative regulation.(2)
Immediately upon the applicant's submission of an application that meets the requirements of subsection (1) of this section, the State Board of Elections shall:(a)
If the applicant agreed to the use of his or her Kentucky driver's license signature or Kentucky personal identification card signature for voter registration purposes and provided his or her Kentucky driver's license number or Kentucky personal identification card number pursuant to Section 3(2) of this administrative regulation:1.
Check the information submitted by the applicant to ensure that the Kentucky driver's license number or Kentucky personal identification card number submitted by the applicant matches the information maintained by the Transportation Cabinet; and2.
If a match is made:a.
Electronically forward the information provided in the application, along with a digital copy of the applicant's signature obtained from the Transportation Cabinet, to the county clerk for the county in which the applicant resides; andb.
Notify the applicant that the application has been electronically forwarded to the county clerk for the county in which the applicant resides, but that the applicant will not be officially registered to vote or that changes to the applicant's existing registration will not be made until the application is received and processed by the county clerk.3.
If a match cannot be made, notify the applicant that the application cannot be processed and instruct the applicant to print the application, sign it, and mail or hand deliver it to the county clerk for the county in which the applicant resides.(b)
If the applicant provided an electronic signature to be used for voter registration purposes pursuant to Section 3(3)(a) of this administrative regulation:1.
Electronically forward the information provided in the application, along with the applicant's electronic signature, to the county clerk for the county in which the applicant resides; and2.
Notify the applicant that the application has been electronically forwarded to the county clerk for the county in which the applicant resides, but that the applicant will not be officially registered to vote or that changes to the applicant's existing registration will not be made until the application is received and processed by the county clerk.(3)
An electronic voter registration application shall be deemed to have been made and received by the appropriate county clerk as of the date the applicant is informed pursuant to subsection (2) of this section that the application has been electronically forwarded to the county clerk for the county in which the applicant resides.(4)
Except as otherwise specifically provided, an electronic voter registration application electronically forwarded by the State Board of Elections shall be considered an application for registration by mail.Section 5.
Incorporated by Reference.(1)
Commonwealth of Kentucky Voter Registration Application, Form SBE 01, 04/2024, 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 Walnut Street, Frankfort, Kentucky Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.KAREN SELLERS, Executive Director
APPROVED BY AGENCY: April 12, 2024
FILED WITH LRC: April 15, 2024 at 10:56 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this new administrative regulation shall be held on June 28, 2024, at 10:00 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 June 30, 2024. 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
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation approves and establishes procedures for use of an electronic voter registration system to register or reregister to vote or to update voter registration information.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to allow voters in the Commonwealth the ability to register or reregister to vote or to update their voter registration information electronically.
(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 allows the public to readily see that the Electronic Voter Registration System is a method of registration or reregistration approved by the State Board of Elections under KRS 116.045(4)(e).
(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:
(b) The necessity of the amendment to this administrative regulation:
(c) How the amendment conforms to the content of the authorizing statutes:
(d) How the amendment will assist in the effective administration of the statutes:
This is a new administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation will affect all voters in the Commonwealth who seek the ability to register or reregister to vote or to update their voter registration information, as well as, the county clerks who may receive those registrations.
(4) Provide an analysis of how the entities identified in question (3) 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 (3) will have to take to comply with this administrative regulation or amendment:
To comply with this administrative regulation, voters will need to go on to the internet to access the Electronic Voter Registration System and county clerks will need to go online to receive and process submitted applications.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The State Board of Elections estimates that the implementation of this administrative regulation will cost voters and county clerks no more funds than are already being expended.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Compliance with this new administrative regulation will benefit voters and county clerks in standardizing the voter registration process while adding the convenience of online access to the process.
(5) 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 as it will require only the creation of the new Form SBE 01.
(b) On a continuing basis:
The State Board of Elections anticipates this administrative regulation will cost no more funds than are already being expended.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Funds from the State Board of Elections’ administrative budget will be used in the implementation and enforcement of this administrative regulation.
(7) 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.
(8) 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.
(9) 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), 117.015(1)(a), and 116.045(4)(e) require and authorize the actions taken by this administrative regulation.
(2) 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.
(a) Estimate the following for the first year:
Expenditures:
The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
Revenues:
It is not expected or intended that this administrative regulation will generate any revenue.
Cost Savings:
The State Board of Elections expects that this administrative regulation will not generate any specific cost savings.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The State Board of Elections does not anticipate expenditures, revenues, or cost savings to differ in subsequent years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
This administrative regulation will affect county clerks.
(a) Estimate the following for the first year:
Expenditures:
The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
Revenues:
It is not expected or intended that this administrative regulation will generate any revenue.
Cost Savings:
The State Board of Elections expects that this administrative regulation will not generate any specific cost savings for the regulated entities.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The State Board of Elections does not anticipate expenditures, revenues, or cost savings to differ in subsequent years.
(4) Identify additional regulated entities not listed in questions (2) or (3):
This administrative regulation will affect voters of the Commonwealth.
(a) Estimate the following for the first year:
Expenditures:
The State Board of Elections expects that this administrative regulation amendment will cost no more to administer than is currently expended.
Revenues:
It is not expected or intended that this administrative regulation will generate any revenue.
Cost Savings:
The State Board of Elections expects that this administrative regulation will not generate any specific cost savings for the regulated entities.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The State Board of Elections does not anticipate expenditures, revenues, or cost savings to differ in subsequent years.
(5) Provide a narrative to explain the:
(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 determine the fiscal impact:
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.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
The State Board of Elections does not expect that this administrative regulation will result in a negative or adverse major economic impact to the entities identified in questions (2) - (4).
(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.