Title 031 | Chapter 003 | Regulation 050E
31 KAR 3:050REG
A proposed version of this document exists.
STATEMENT OF EMERGENCY
31 KAR 3:050E
This emergency administrative regulation is being promulgated pursuant to KRS 13A.190(1)(a)(1), to meet an imminent threat to public safety and welfare. Section 150 of the Kentucky Constitution requires free and fair elections in the Commonwealth. KRS 118.025(4) sets November 3, 2026, as the date for the next general election. In recent years, the General Assembly has amended the various Kentucky Revised Statutes related to voting in the Commonwealth, including KRS 116.113. As election administrators adapt to these new changes, the need for administrative changes becomes apparent, so that Kentuckians may continue to cast their ballots with the highest degrees of ease and security. This is being filed as an emergency administrative regulation to ensure that procedures are in effect for the upcoming election that will provide certainty regarding whether the correct voter has been identified for removal from Kentucky’s voter rolls under the requirement of KRS 116.113(5) that a voter is removed from Kentucky’s voter rolls within five (5) days after a jurisdiction outside of the Commonwealth informs the State Board of Elections that a voter on Kentucky’s voter rolls has subsequently registered to vote in their jurisdiction. This regulation will further promote free and fair elections by making the Commonwealth’s voter rolls as accurate as possible at the time of the general election. This emergency administrative regulation is temporary in nature and will be replaced by an ordinary administrative regulation. The companion ordinary administrative regulation is identical to this emergency administrative regulation.
ANDY BESHEAR, Governor
KAREN SELLERS, Director
STATE BOARD OF ELECTIONS
(New Emergency Administrative Regulation)
31 KAR 3:050E.Cancellation of voter registration following notification of new registration by Kentucky voter outside of the Commonwealth.
Section 1.
Procedure.(1)
Upon receipt of notification from a local or state jurisdiction that a person identified by that jurisdiction as a registered Kentucky voter has subsequently registered to vote in that local or state jurisdiction outside of Kentucky, the State Board of Elections shall first search Kentucky's electronic voter registration system to determine whether the individual identified by the local or state jurisdiction outside of Kentucky shares the same first name and last name of a voter registered to vote in Kentucky.(2)
If the first name and last name of a registered Kentucky voter exactly match the first name and last name of the registered voter identified by the local or state jurisdiction outside of Kentucky and the remaining name-related data fields, including middle name or initial and suffixes, do not contain inconsistent information, the registered Kentucky voter shall only be removed from Kentucky's voter rolls under KRS 116.113(5) if one of the following is true:(a)
The notification from a local or state jurisdiction outside of Kentucky and a single record in the Kentucky electronic voter registration system share an exact match of an address, email address, or phone number and at least one of the following identifiers: (i) the last four digits of the Social Security number; (ii) month, day, and year of birth; or (iii) driver's license number; or(b)
Both the notification from a local or state jurisdiction and a single record in the Kentucky electronic voter registration system share an exact match of at least two of the following identifiers:1.
The last four digits of the Social Security Number ("SSN");2.
Date of birth; or3.
Driver's license number.(3)
If the notification from a local or state jurisdiction outside of Kentucky and the record in Kentucky's electronic voter registration system do not meet the requirements of subparagraphs (1) and (2) of this section, the State Board of Elections shall consider the record match to be inconclusive and shall not remove the Kentucky voter from the Commonwealth's voter rolls under KRS 116.113(5).(4)
Notwithstanding a match of the minimum criteria specified under subsection (2), the Board shall not remove a registered Kentucky voter from the rolls if review of any other data field indicates that the person identified by the local or state jurisdiction outside of Kentucky is not the Kentucky voter whose information matches under paragraph (2). Notwithstanding a match of the minimum criteria under paragraph (2), no Kentucky voter shall be removed under KRS 116.113(5) unless the notification from the jurisdiction outside Kentucky reflects a registration date for the person identified as a Kentucky voter by the jurisdiction outside of Kentucky, which is subsequent to the most recent voter activity or voter registration activity associated with the registered Kentucky voter in Kentucky.KAREN SELLERS, Executive Director
APPROVED BY AGENCY: August 5, 2026
FILED WITH LRC: August 6, 2026
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this new administrative regulation shall be held on September 25, 2026, 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 September 30, 2026. 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, phone: 502-782-9499, email: TaylorA.Brown@ky.gov
Subject Headings:
Elections and Voting; County Clerks; Local Governments
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation provides for the determination of whether a notification from a local or state jurisdiction outside of Kentucky has in fact identified a Kentucky voter who is now registered to vote in a jurisdiction outside of Kentucky and provides for the process for such removal following that determination.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish uniform procedures for the requirements of KRS 116113(5).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 117.0145(1)(a) enables the State Board of Elections to promulgate this administrative regulation.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will allow for uniform procedures for the requirements of KRS 116113(5).
(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) Does this administrative regulation or amendment implement legislation from the previous five years?
No.
(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 county clerks and the State Board of Elections.
(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:
. To comply with this administrative regulation, county clerks and the State Board of Elections will need to follow the procedures outlined.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
The entities identified should not incur any more costs than are already being expended.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
Compliance with this new administrative regulation will allow for uniform procedures for the requirements of KRS 116113(5).
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The State Board of Elections estimates that the implementation of this administrative regulation will cost the agency no more funds than are already being expended.
(b) On a continuing basis:
The State Board of Elections estimates that the implementation of this administrative regulation will cost the agency no more funds than are already being expended.
(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 administrative budget of the State Board of Elections 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:
No increase in fees or funding will be necessary to implement this administrative regulation.
(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 requirements of KRS 116113(5).
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 116.113(5) and 117.015(1)(a) 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 not expressly authorized by the enactment of KRS 116.113(5), but is authorized by the enactment of KRS 117.015(1)(a).
(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 and county clerks.
(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 will cost the agency 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 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 clerks. (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 not affect any other entities.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
For subsequent years:
2. Revenues:
For the first year:
For subsequent years:
3. Cost Savings:
For the first year:
For subsequent years:
(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.
STATEMENT OF EMERGENCY
31 KAR 3:050E
This emergency administrative regulation is being promulgated pursuant to KRS 13A.190(1)(a)(1), to meet an imminent threat to public safety and welfare. Section 150 of the Kentucky Constitution requires free and fair elections in the Commonwealth. KRS 118.025(4) sets November 3, 2026, as the date for the next general election. In recent years, the General Assembly has amended the various Kentucky Revised Statutes related to voting in the Commonwealth, including KRS 116.113. As election administrators adapt to these new changes, the need for administrative changes becomes apparent, so that Kentuckians may continue to cast their ballots with the highest degrees of ease and security. This is being filed as an emergency administrative regulation to ensure that procedures are in effect for the upcoming election that will provide certainty regarding whether the correct voter has been identified for removal from Kentucky’s voter rolls under the requirement of KRS 116.113(5) that a voter is removed from Kentucky’s voter rolls within five (5) days after a jurisdiction outside of the Commonwealth informs the State Board of Elections that a voter on Kentucky’s voter rolls has subsequently registered to vote in their jurisdiction. This regulation will further promote free and fair elections by making the Commonwealth’s voter rolls as accurate as possible at the time of the general election. This emergency administrative regulation is temporary in nature and will be replaced by an ordinary administrative regulation. The companion ordinary administrative regulation is identical to this emergency administrative regulation.
ANDY BESHEAR, Governor
KAREN SELLERS, Director
STATE BOARD OF ELECTIONS
(New Emergency Administrative Regulation)
31 KAR 3:050E.Cancellation of voter registration following notification of new registration by Kentucky voter outside of the Commonwealth.
Section 1.
Procedure.(1)
Upon receipt of notification from a local or state jurisdiction that a person identified by that jurisdiction as a registered Kentucky voter has subsequently registered to vote in that local or state jurisdiction outside of Kentucky, the State Board of Elections shall first search Kentucky's electronic voter registration system to determine whether the individual identified by the local or state jurisdiction outside of Kentucky shares the same first name and last name of a voter registered to vote in Kentucky.(2)
If the first name and last name of a registered Kentucky voter exactly match the first name and last name of the registered voter identified by the local or state jurisdiction outside of Kentucky and the remaining name-related data fields, including middle name or initial and suffixes, do not contain inconsistent information, the registered Kentucky voter shall only be removed from Kentucky's voter rolls under KRS 116.113(5) if one of the following is true:(a)
The notification from a local or state jurisdiction outside of Kentucky and a single record in the Kentucky electronic voter registration system share an exact match of an address, email address, or phone number and at least one of the following identifiers: (i) the last four digits of the Social Security number; (ii) month, day, and year of birth; or (iii) driver's license number; or(b)
Both the notification from a local or state jurisdiction and a single record in the Kentucky electronic voter registration system share an exact match of at least two of the following identifiers:1.
The last four digits of the Social Security Number ("SSN");2.
Date of birth; or3.
Driver's license number.(3)
If the notification from a local or state jurisdiction outside of Kentucky and the record in Kentucky's electronic voter registration system do not meet the requirements of subparagraphs (1) and (2) of this section, the State Board of Elections shall consider the record match to be inconclusive and shall not remove the Kentucky voter from the Commonwealth's voter rolls under KRS 116.113(5).(4)
Notwithstanding a match of the minimum criteria specified under subsection (2), the Board shall not remove a registered Kentucky voter from the rolls if review of any other data field indicates that the person identified by the local or state jurisdiction outside of Kentucky is not the Kentucky voter whose information matches under paragraph (2). Notwithstanding a match of the minimum criteria under paragraph (2), no Kentucky voter shall be removed under KRS 116.113(5) unless the notification from the jurisdiction outside Kentucky reflects a registration date for the person identified as a Kentucky voter by the jurisdiction outside of Kentucky, which is subsequent to the most recent voter activity or voter registration activity associated with the registered Kentucky voter in Kentucky.KAREN SELLERS, Executive Director
APPROVED BY AGENCY: August 5, 2026
FILED WITH LRC: August 6, 2026
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this new administrative regulation shall be held on September 25, 2026, 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 September 30, 2026. 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, phone: 502-782-9499, email: TaylorA.Brown@ky.gov
Subject Headings:
Elections and Voting; County Clerks; Local Governments
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation provides for the determination of whether a notification from a local or state jurisdiction outside of Kentucky has in fact identified a Kentucky voter who is now registered to vote in a jurisdiction outside of Kentucky and provides for the process for such removal following that determination.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish uniform procedures for the requirements of KRS 116113(5).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 117.0145(1)(a) enables the State Board of Elections to promulgate this administrative regulation.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will allow for uniform procedures for the requirements of KRS 116113(5).
(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) Does this administrative regulation or amendment implement legislation from the previous five years?
No.
(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 county clerks and the State Board of Elections.
(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:
. To comply with this administrative regulation, county clerks and the State Board of Elections will need to follow the procedures outlined.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
The entities identified should not incur any more costs than are already being expended.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
Compliance with this new administrative regulation will allow for uniform procedures for the requirements of KRS 116113(5).
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The State Board of Elections estimates that the implementation of this administrative regulation will cost the agency no more funds than are already being expended.
(b) On a continuing basis:
The State Board of Elections estimates that the implementation of this administrative regulation will cost the agency no more funds than are already being expended.
(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 administrative budget of the State Board of Elections 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:
No increase in fees or funding will be necessary to implement this administrative regulation.
(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 requirements of KRS 116113(5).
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 116.113(5) and 117.015(1)(a) 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 not expressly authorized by the enactment of KRS 116.113(5), but is authorized by the enactment of KRS 117.015(1)(a).
(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 and county clerks.
(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 will cost the agency 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 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 clerks. (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 not affect any other entities.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
For subsequent years:
2. Revenues:
For the first year:
For subsequent years:
3. Cost Savings:
For the first year:
For subsequent years:
(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.