Title 040 | Chapter 010 | Regulation 010REG


PROPOSED
This document is not yet current.
OFFICE OF THE ATTORNEY GENERAL
Department of Criminal Investigations
(New Administrative Regulation)

40 KAR 10:010.Uniform procedure and timeline for conducting independent election inquiries.

Section 1.

Definitions.

(1)

"Agent" means an Investigator with the Department of Criminal Investigations, Office of Attorney General.

(2)

"Ballot" or "official ballot" is defined by KRS 117.001(3).

(3)

"Ballot box" is defined by KRS 117.001(4).

(4)

"County" means the county clerk's office that has been randomly chosen for an independent inquiry pursuant to KRS 15.243(3)(a).

(5)

"Election" or "elections" is defined by KRS 117.001(6).

(6)

"Election officer"(s) is defined by KRS 118.015(5).

(7)

"Federal provisional voter" is defined by KRS 117.001(9)

(8)

"Independent Inquiry" means an audit of specified data and forms from the subject county clerk's office as well as interviews with associated personnel and citizens in order to ensure the integrity of election procedures within that county for the applicable election.

(9)

"Office" means the Office of Attorney General.

(10)

"Voter" is defined by KRS 116.013.

Section 2.

Uniform procedure for conducting a post-election independent inquiry includes the following:

(1)

Notification to the county of randomly drawn post-election independent inquiry;

(2)

Notification to county officials, workers, and voters of status of county as randomly drawn for independent inquiry;

(3)

Request to the county and the election officers of that county for copies of designated county election documents and data;

(4)

If a request of county election documents and data would yield a potentially large number of documents, a random sample size of said materials may be requested by the office in lieu of all documents; and

(5)

If circumstances dictate, and at discretion of the office:

(a)

The County Board of Elections ("CBE") may be requested to conduct a recount of a chosen precinct; and

(b)

The agent may request any other materials, documents, data, or interviews bearing upon any issues that may or may not arise during an independent inquiry.

Section 3.

Uniform Timeline for Conducting a Post-election Independent Inquiry.

(1)

The office shall conduct a random public drawing of no fewer than twelve (12) Kentucky counties within twenty (20) days following each primary or regular election pursuant to KRS 15.243(3)(a).

(2)

Letters of notification to each county of the randomly selected Kentucky counties shall be mailed out within ten (10) working days from the random drawing date.

(3)

The agent shall make the request in writing to the county.

(4)

The county shall provide all requested materials, papers, forms, interviews, and documents to the agent no later than twenty (20) days after the request.

(5)

If the county requires more than twenty (20) days to provide all requested materials, papers, forms, interviews, and documents to the office, the county shall notify the office in writing of the need for more time in which to fulfill the request. The county shall state the reason for the needed extra time within the request.

(6)

The office shall have a reasonable time in which to complete a thorough and complete independent inquiry for each randomly selected county, but said time shall not exceed 120 working days.

(7)

If an independent inquiry exceeds 120 working days, excluding weekends and holidays, then the office shall indicate in its investigation file the specific reasons for which more than 120 working days was required for a full and complete investigative inquiry.

(8)

The original 120 working day investigative timeframe absent any extensions of time, shall be separate and apart from time to present the independent inquiries to the grand juries in each respective county as required by KRS 15.243(3)(c).

Section 4.

Required materials, papers, forms, interviews, and documents includes but is not limited to the following:

(1)

Copy of the county's voluntary election planning report previously submitted to the State Board of Elections ("SBE") including confirmation or proof of SBE approval;

(2)

Details of the election plan's implementations;

(3)

All necessary modifications made to the election plan made after its approval by SBE;

(4)

Copy of SBE form 74 titled "Petition to Consolidate Precinct and Precinct Election Officers";

(5)

Confirmation and proof of advertising and posting of absentee voting information per KRS 117.076(4) pursuant to KRS 424.130;

(6)

Confirmation of advertising and posting for the CBE to examine election equipment per KRS 117.165 pursuant to KRS 424.130(1)(d);

(7)

Contact information for all CBE members for each randomly drawn county;

(8)

SBE form 31, the "Voter Assistance Form" for each randomly drawn county;

(9)

SBE form 33A, "List of Voters Issued Absentee Ballots" for each randomly drawn county;

(10)

SBE form 33B, "Rejected Ballots" for each randomly drawn county;

(11)

List and address of all voting centers or precinct locations for each randomly drawn county;

(12)

An accounting of the total number of voters checked in and the total number of ballots cast, which shall include:

(a)

Supplemental rosters;

(b)

In-person excused absentee ballots;

(c)

In-person machine absentee ballots;

(d)

Early day voting ballots;

(e)

Election day ballots; and

(f)

Federal provisional voter ballots, if applicable, from all early voting days as well as election day;

(13)

A copy of all SBE 44A forms, and/or a list of all voters who have been issued a mail-in absentee ballot under SBE 44A, with any applications for such ballot to be produced to the office at the discretion of the agent;

(14)

The total number of all mail-in absentee ballot applications received, ballots thereafter printed, ballots sent to voters, ballots returned to the county via United States Post Office (USPS) or by drop-box, and all ballots rejected by county;

(15)

An absentee ballot grand total report;

(16)

"Oath of Voter" forms (SBE 32);

(17)

"Precinct Election Sheriff's Postelection Report" (SBE 53 form);

(18)

"Precinct Election Sheriff's Postelection Statistical Report" (SBE 54A form);

(19)

The "County Board of Elections Postelection Report" (SBE 54 form);

(20)

The CBE Elections Totals Report;

(21)

Copies of the CBE annual meeting minutes;

(22)

Voter registration and election turnout statistics;

(23)

The county clerk grand jury report; and

(24)

Any other materials, papers, forms, interviews, and documents as requested by the office shall be forwarded to the agent.

RUSSELL COLEMAN, Attorney General
APPROVED BY AGENCY: March 13, 2024
FILED WITH LRC: March 14, 2024 at 1:35 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on May 22, 2024, at 9:00 a.m. at the Office of Attorney General 1024 Capital Center Drive, Frankfort, Kentucky 40601. Individuals interested in attending 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 is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public 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 this proposed administrative regulation until May 31, 2024. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended after comments version of the administrative regulation shall be made available upon request.
CONTACT PERSON: Heather Wagers, Office of the Attorney General, Department of Criminal Investigations, 1024 Capital Center Drive, Frankfort, Kentucky 40601; phone 502-696-5320; fax 502-573-8319; email HeatherC.Wagers@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Heather Wagers
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation establishes the uniform procedure and timeline for the Office of Attorney General, Department of Criminal Investigations to follow when conducting independent election inquiries, as well as the data and forms requested to complete said inquiries.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish the procedures for independent election inquiries in accordance with KRS 15.243(3)(a).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of the authorizing statute by identifying the process to be followed during an independent election inquiry.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in the effective administration of the authorizing statutes by establishing the process and timeline of an independent election inquiry.
(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:
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Currently there are 120 elected county clerk offices within the Commonwealth that could be affected by the regulation if chosen at random to be the subject of an independent election inquiry pursuant to KRS 15.243. If a county is chosen at random to be a subject of said inquiry, then the local election officers, sheriff’s office, and local board of election could all be subject to requests or interviews at the request of an Agent of the Office of Attorney General.
(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:
If a county is randomly drawn to take part in an independent election inquiry then the county clerk will be responsible for compliance with the requirements of the regulation.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
No agencies will incur additional costs as a result of this administrative regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Entities will benefit by having an identified process and timeline for election inquiries.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No increase in funding is anticipated.
(b) On a continuing basis:
No increase in funding is anticipated.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
No increase in funding is anticipated.
(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:
Neither an increase in fees nor funding is anticipated to implement this administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation neither establishes nor increases any fees.
(9) TIERING: Is tiering applied?
Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.

FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This administrative regulation will affect the Office of the Attorney General and any randomly drawn county pursuant to KRS 15.243 who shall take part in an independent election inquiry.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15.243.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation will not generate any additional revenue for state or local governments.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation will not generate any additional revenue for state or local governments during subsequent years of implementation.
(c) How much will it cost to administer this program for the first year?
The Office of the Attorney General does not anticipate any significant additional costs.
(d) How much will it cost to administer this program for subsequent years?
The Office of the Attorney General does not anticipate any significant additional costs.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
$0
Expenditures (+/-):
$0
Other Explanation:
The Office of the Attorney General does not anticipate any significant additional costs.
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
There are no anticipated cost savings for regulated entities.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
There are no anticipated cost savings for regulated entities.
(c) How much will it cost the regulated entities for the first year?
There are no anticipated cost increases to regulated entities over what has normally been expended in previous years.
(d) How much will it cost the regulated entities for subsequent years?
There are no anticipated costs increases to regulated entities over what has normally been expended in previous years. Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
$0
Expenditures (+/-):
$0
Other Explanation:
There are no anticipated costs increases to regulated entities over what has normally been expended in previous years.
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
“Major economic impact” means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] There is no major economic impact expected from implementation of this administrative regulation.

7-Year Expiration: 3/14/2031

Last Updated: 3/28/2024


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