04RS HB344

HB344

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HB 344 (BR 1374) - J. Richards, R. Adkins, J. Barrows, S. Brinkman, J. Callahan, L. Clark, B. DeWeese, J. Hoover, K. Upchurch

     AN ACT relating to electioneering and declaring an emergency.
     Amend KRS 117.235 to reduce the prohibited distance for electioneering to 100 instead of 500 feet from the county clerk's office or entrance to the polling place; EMERGENCY.

HB 344 - AMENDMENTS


     HCS - Retain original provisions, except provide for delayed repeal of KRS 117.235, to be effective June 30, 2005; state General Assembly intention; reenact prohibition against electioneering within 500 feet EFFECTIVE July 1, 2005.

     HFA (1, S. Brinkman) - Define electioneering as applying to the solicitation of votes for or against a clearly identified candidate or issue in a manner which expressly advocates the election or defeat of the candidate or issue.

     HFA (2, J. Comer) - Reduce the prohibited distance for electioneering to 250 instead of 500 feet from the county clerk's office or entrance to the polling place, make conforming changes.

     SCS - Retain original provisions, except define electioneering as the solicitation of votes for or against a clearly identified candidate or question on the ballot in a manner which expressly advocates the election or defeat of the candidate or issue; amend KRS 6.611,6.784, and 11A.231 to delete references to KRS Chapter 121A; amend KRS 83A.045 to require candidates for city office to file for office no later than the first Tuesday after the second Monday in April, and require independent candidates for city office to file no later than the fourth Tuesday in August; amend KRS 83A.165 to change references to August primary; amend KRS 116.055, 117.085, 117.275, 117.295, 118.035 to delete references to runoff primary election; amend KRS 117.066 to conform; amend KRS 118.025 to change primary election date from the first Tuesday after the third Monday in May to the first Tuesday in August, and repeal runoff primary for slates of candidates for Governor and Lieutenant Governor; amend KRS 118.165 to change filing deadline for office from the last Tuesday in January to the first Tuesday after the second Monday in April; amend KRS 118.215 to delete references to runoff primary and change certification date to the Monday after the filing deadline for the general election, and change deadline for notification to the Secretary of State that ballots cannot accommodate the number of candidates to the last Tuesday in May before the primary or the day after the certification deadline preceding the general election; amend KRS 118.225 to change the time for the drawing by lot for ballot position to the Thursday following the second Monday in April preceding the primary, or the Thursday following the fourth Tuesday in August preceding the general election; amend KRS 118.245 to repeal runoff primary and provide that the slate of candidates for Governor and Lieutenant Governor shall be the nominees of the party; amend KRS 118.255 to eliminate the forwarding of filing fees to the election campaign fund; amend KRS 118.365 to change date for filing of certificates and petitions of nomination for candidates to the fourth Tuesday in August; amend KRS 118.367 to change date for filing statement of candidacy for independent candidates to June 16; amend KRS 118.425 to require the State Board of Elections to certify the election by the second Monday after the election; amend KRS 118.555 to require state political parties to pay for the presidential preference primary if held on a date different than the August primary, and provide for notification of decision to hold primary or caucus or combination thereof by March 15; amend KRS 118.561 to change the presidential preference primary date to the first Tuesday in August, require parties to pay for preference primary if held on a different date than the first Tuesday in August; amend KRS 118.581 to require the State Board of Elections to convene on the last Tuesday in March to nominate presidential candidates who have qualified for federal matching funds; amend KRS 118.591 to require petitions and notices of candidacy to be filed by presidential preference primary candidates by the first Tuesday after the second Monday in April; amend KRS 118.601 to set drawing by lot for ballot order on the Thursday following the second Monday in April, and change certification date to the second Monday following the filing deadline; amend KRS 118.561 to change date for notification date for state political party chair to May 1; amend KRS 118A.060 to change filing deadline for judicial office to first Tuesday after the second Monday in April, change drawing by lot for the primary election to the Thursday following the second Monday in April, and change certification date to the second Monday following the filing deadline; amend KRS 118A.090 to change drawing by lot for the general election to the Thursday following the fourth Tuesday in August; amend KRS 118A.100 to change vacancy provisions; amend KRS 121.015 to delete references to runoff primary and provisions of KRS Chapter 121A, define exploratory committee; amend KRS 121.056 to change references; amend KRS 121.120 to delete references to KRS Chapter 121A and require continuing audits of slates; amend KRS 121.150 to delete reference to the election campaign fund, include slates in contribution limits, delete references to runoff primary, remove prohibition against slates' receipt of contributions within last 28 days before primary or general election, include slates in contribution limits for permanent committees and executive committees; amend KRS 121.170 to delete references to KRS Chapter 121A; amend KRS 121.180 to delete references to KRS Chapter 121A and runoff primary, require additional reporting of contributions and expenditures of slates of candidates and fundraisers for slated candidates in the last 28 days prior to the primary or general election, within 24 hours of the contribution or expenditure, and require additional reporting of political parties, in a year in which a statewide election for state or federal office is held, of contributions and expenditures of political parties in the last 28 days prior to the primary or general election, within 24 hours of the contribution or expenditure, provide that replacement of slate member shall not affect the slate's ability to take action to utilize funds in the campaign account if otherwise permitted by law; amend KRS 121.220 to delete reference; amend KRS 121.990 and 154A.160 to delete references to KRS Chapter 121A; create new section of KRS Chapter 121 to provide for exploratory committees for slates of candidates; create new section of KRS Chapter 118 to provide procedures in the event of a vacancy in a slate of candidates; repeal provisions of public financing campaign act, KRS 121A.005, 121A.010, 121A.015, 121A.020, 121A.030, 121A.040, 121A.050, 121A.060, 121A.070, 121A.080, 121A.090, 121A.100, 121A.110, 121A.990; make Sections 3 to 43 effective January 1, 2005.

     SCA (1/Title, A. Robinson) - Make title amendment.

     Jan 21-introduced in House; to Elections, Const. Amendments & Intergovernmental Affairs (H); posting waived
     Jan 22-reported favorably, 1st reading, to Calendar with Committee Substitute ; floor amendment (1) filed to Committee Substitute
     Jan 23-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Monday, January 26, 2004
     Jan 27-floor amendment (2) filed to Committee Substitute ; 3rd reading, passed 92-0 with Committee Substitute
     Jan 28-received in Senate
     Feb 2-to State and Local Government (S)
     Mar 9-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
     Mar 10-2nd reading, to Rules
     Mar 15-posted for passage in the Regular Orders of the Day for Tuesday, March 16, 2004
     Mar 16-3rd reading, passed 20-17 with Committee Substitute, committee amendment (1-title) ; received in House; to Rules (H)
     Mar 23-recommitted to Elections, Const. Amendments & Intergovernmental Affairs (H)


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