PROPOSED

This document is not yet current.

STATE BOARD OF ELECTIONS

(New Administrative Regulation)

31 KAR 4:240.Procedures for Safe at Home Participants to Register to Vote and Request a Mail-in Absentee Ballot.

RELATES TO:

KRS 14.312, 116.045, 116.0452, 117.085, 117.086

STATUTORY AUTHORITY:

KRS 14.318, 117.015(1)(a)

CERTIFICATION STATEMENT:

This is to certify that this administrative regulation complies with the requirements of 2025 RS HB6, Section 8.

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 117.015(1)(a) establishes that as the independent agency of state government tasked with administering the election laws of the state and supervising the registration and purgation of voters within the state, the State Board of Elections may promulgate administrative regulations necessary to properly carry out its duties. KRS 14.318(1) gives the State Board of Elections the authority to promulgate administrative regulations to implement KRS 14.312 and 117.085. KRS 14.312(2) grants the State Board of Elections the authority to modify statutory or regulatory requirements that would lead to disclosure of a Safe at Home program participant's name and address. This administrative regulation establishes the procedures by which Safe at Home program participants may initially register to vote, update their voter registration, and request a mail-in absentee ballot so that their name and address are protected from disclosure.

Section 1.

Modified Statutes.

(1)

Under the authority given to the State Board of Elections by KRS 14.312, KRS 116.045(4) is hereby construed to exclude those voters who participate in the Safe at Home program from registering to vote by any means other than those prescribed through this administrative regulation.

(2)

Under the authority given to the State Board of Elections by KRS 14.312, KRS 116.0452(2) is hereby construed to exclude those voters who participate in the Safe at Home program from being sent a notice of the disposition of their voter registration application.

(3)

Under the authority given to the State Board of Elections by KRS 14.312, KRS 117.085(1) is hereby construed to require those voters who participate in the Safe at Home program to request a mail-in absentee ballot by means of telephone or in-person request, as allowed by KRS 117.085(1)(c)(1).

(4)

Under the authority given to the State Board of Elections by KRS 14.312, KRS 117.086(4) is hereby construed to exclude those voters who participate in the Safe at Home program from being included in any list of voters required to be kept by a County Clerk.

Section 2.

Voter Registration.

(1)

Following a Safe at Home participant registering a confidential address with the Secretary of State under either KRS 14.304(2)(c) or 14.304(11), the participant shall be offered an opportunity to register to vote pursuant to KRS 14.312, at their place of residence as determined by KRS 116.035, via use of a paper copy of the Commonwealth of Kentucky Voter Registration Application form, prescribed and furnished by the State Board of Elections under KRS 116.155. Should a participant desire to update their voter registration with information other than an address change, the participant shall submit a new paper copy of the Commonwealth of Kentucky Voter Registration Application form to the office of the Secretary of State.

(2)

A Commonwealth of Kentucky Voter Registration Application form completed by a Safe at Home participant shall establish a prima facie determination by the Secretary of State that the State Board of Elections and the County Clerk of the county listed on the Commonwealth of Kentucky Voter Registration Application form have a bona fide statutory requirement for the use of the residential address listed on the Commonwealth of Kentucky Voter Registration Application form and that the residential address will be used only for those statutory purposes.

(3)

Following the receipt of a completed paper copy of the Commonwealth of Kentucky Voter Registration Application form from a Safe at Home participant, the Secretary of State shall securely transmit the form to the State Board of Elections. Upon receipt of the form, the State Board of Elections shall see that the form is properly processed by the appropriate County Clerk into the electronic voter registration system established by 31 KAR 3:041§2(3). After processing the form, the paper copy shall be immediately destroyed, with only a digital copy appended to the voter's file in the electronic voter registration system.

Section 3.

Mail-in Absentee Ballot Request. A voter participating in the Safe at Home program shall request a mail-in absentee ballot by means of telephone or in-person request, as allowed by KRS 117.085(1)(c)(1). The mail-in absentee ballot shall be transmitted to the participant at either the address identified as the voter's residential address in the electronic voter registration system or to a mailing address identified by the participant voter and so recorded in the electronic voter registration system.

Section 4.

Incorporation by Reference.

(1)

The following material is incorporated by reference: "Commonwealth of Kentucky Voter Registration Application", Form SBE 01, 04/2024;

(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 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the board's Web site at https://elect.ky.gov.

KAREN SELLERS, Executive Director

APPROVED BY AGENCY: April 21, 2026

FILED WITH LRC: April 21, 2026 at 4:10 p.m.

PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this new administrative regulation shall be held on July 31, 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 July 31, 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 establishes the procedures for Safe at Home participants to register to vote and request a mail-in absentee ballot.

(b) The necessity of this administrative regulation:

This administrative regulation is necessary as KRS 14.312(2) requires it.

KRS 14.318(1), 14.312(2), and 117.0145(1)(a) enable 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 instruction as to the procedures for Safe at Home participants to register to vote and request a mail-in absentee ballot.

(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:

(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 Safe at Home participants, county clerks, the Secretary of State, 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, Safe at Home participants, county clerks, the secretary of State, and the State Board of Elections will need to follow the procedures outlined to register to vote and request a mail-in absentee ballot.

(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.

Compliance with this new administrative regulation will allow for further prevention against disclosure of Safe at Home program participant's names and addresses.

(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 budgets of the State Board of Elections and the Secretary of State 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 Safe at Home participants to register to vote and request a mail-in absentee ballot.

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 14.318(1), 14.312(2), and 117.0145(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 expressly authorized by 2013 Ky. Acts ch. 87, sec. 10.

(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, as well as the Secretary of State 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 affect participants of the Safe at Home program.

(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.