| Last Action | 04/27/24: became law without Governor's Signature (Acts Ch. 224) |
|---|---|
| Title | AN ACT relating to elections and declaring an emergency. |
| Bill Documents |
Acts Chapter 224
Current/Final Introduced |
| Fiscal Impact Statements |
Corrections Impact
Local Mandate Additional Fiscal Impact Statements Exist |
| Bill Request Number | 401 |
| Sponsors | J. Decker, K. Bratcher, J. Hodgson |
| Summary of Enacted Version | Amends KRS 116.112 to allow the Secretary of State to enter into agreements on behalf of the State Board of Elections to further voter list maintenance practices, and to require that a voter confirm that his or her residence has changed; amends KRS 117.035 to provide that appointed members of a county board of elections shall serve four-year terms that expire June 30 of the year following a presidential election, to provide that a member of the county board of elections appointed by the State Board of Elections may be removed for just cause, and to increase the amount of compensation for members of the county board of elections to not less than $50 for each day the board meets; amends KRS 117.065 to require that the county board of elections establish the voting place for each precinct not later than January 15 of each year, and to allow the county board of elections to designate certain buildings as voting places on election day and early voting days; amends KRS 117.066 to require that petitions to consolidate precincts be submitted at least 120 days before a primary election and to provide that beginning on January 1, 2025, the approved petitions shall apply for the entire year; amends KRS 117.076 to remove language requiring a sworn statement to vote by excused in-person absentee voting for voters in the last trimester of pregnancy, to allow any person prevented from voting in person at the polls on election day and from casting a no-excuse in-person absentee ballot because of absence from his or her county of residence to cast an excused in-person absentee ballot, and to require that tallies or counts of in-person absentee ballots, or any partial results, be transmitted or publicized only to the county board of elections until a certain time; amends KRS 117.085 to require that jail staff allow incarcerated voters to receive assistance from the county clerk to request an absentee ballot, to require that mail-in absentee ballots be mailed to a student’s residence or current address at the educational institution where the student is enrolled, to require that mail-in absentee ballots for persons incarcerated in jail who have been charged with but not convicted of a crime be sent to the correctional facility where the person is in custody, to allow voters who are receiving inpatient or residential medical treatment to receive a mail-in absentee ballot at the facility where they are receiving treatment, and to allow certain voters who have left an address to request a second ballot and require the county clerk to cancel the first absentee ballot; amends KRS 117.086 to make technical corrections; amends KRS 117.0861 to allow a caregiver or employee of a caregiving facility, or an employee of a jail, to handle mail-in absentee ballots if ordinarily engaged in mail delivery, as long as the ballot remains private to the voter; amends KRS 117.265 to prohibit any candidate who is disqualified in a primary from running for the same office in the regular election; amends KRS 117.275 to require that the copy of the precinct-by-precinct summary of tabulation showing the results from each precinct include votes cast during all absentee voting; amends KRS 117.295 to allow the county clerk to dispose of video surveillance of voting equipment after 60 days, or upon compliance with the Kentucky Open Records Act or the completion of an investigation or pending litigation; amends KRS 117.389 to remove the 30-day restriction for county clerks to have automatic tabulating equipment tested; amends KRS 117.900 to allow county boards of election to implement annual prize contests for students and teachers and to prescribe guidelines for these contests; amends KRS 117A.070 to inform voters who have applied for a military-overseas ballot of their ability to use a federal write-in absentee ballot; amends KRS 118.125 to remove the requirement that a candidate’s precinct be listed on his or her notification and declaration oath; amends KRS 118.215 to move the candidate certification date to the third Monday after the filing deadline for the primary; amends KRS 118.225 to require that the ballot position for all statewide office candidates or slates of candidates be determined by lot for each congressional district; amends KRS 118.345 to prohibit any candidate who is disqualified in a primary from running for the same office in the regular election; amends KRS 118.415 to remove references to participation by the Attorney General in the formation of a ballot question for a proposed constitutional amendment; amends KRS 118.445 to allow the Secretary of State to publicly designate the location where presidential electors shall convene on the first Tuesday after the second Wednesday in December after their election; amends KRS 118.740 to require that copies of certain proclamations or writs of election be forwarded by mail to the sheriff of a county at least 63 days before an election and that the sheriff shall give notice at least 56 days before the day of an election; amends KRS 118.770 to require that certain certificates of nomination be filed at least 56 days before an election; amends KRS 118A.060 to require that names of judicial candidates be printed on the ballot in accordance with the requirements in KRS 118.129; amends KRS 118A.090 to conform; amends KRS 118A.100 to remove language to provide that this chapter applies to a vacancy in office; amends KRS 119.005 to define “election administration information system”; amends KRS 119.115 to make it a Class D felony to tamper or attempt to tamper with, disarrange, deface, impair, injure, or destroy an e-poll book or election administration information system; amends KRS 160.190 to require that candidates for school board vacancies file nominating petitions not later than the second Tuesday in August preceding the regular election, and file declarations of intent in accordance with KRS 117.265; and requires the State Board of Elections to reappoint appointed members of the county boards of elections whose terms expire on June 30, 2024, for a term of one year to expire on June, 20, 2025; EMERGENCY. |
| Summary of Original Version | Amend KRS 116.112 to allow the Secretary of State to enter into agreements on behalf of the State Board of Elections to further voter list maintenance practices; require that a voter confirm his or her residence has changed either through a letter submitted to the State Board of Elections or a form provided by the State Board of Elections on its website; amend KRS 116.145 to increase the fee for registration of voters from 25 cents to one dollar; amend KRS 117.035 to provide that appointed members of a county board of elections shall serve four year terms that expire June 30 of the year following a presidential election; provide that a member of the county board of elections appointed by the State Board of Elections may be removed for just cause; increase the amount of compensation for members of the county board of elections to not less than $50 for each day the board meets; amend KRS 117.065 to require that the county board of elections shall establish the voting place for each precinct not later than January 15 of each year; allow the county board of elections to designate certain buildings as voting places on election day and all days of early voting; amend KRS 117.066 to require petitions to consolidate precincts be submitted at least 120 days before a primary election and that the approved petitions shall apply for the entire year; amend KRS 117.076 to allow any person prevented from voting in person at the polls on election day and from casting a no-excuse in-person absentee ballot because of absence from the county of his or her residence to cast an excused in-person absentee ballot; amend KRS 117.085 to require that mail-in absentee ballots be mailed to a student's residence or current address at the educational institution where he or she is enrolled; require that mail-in absentee ballots for persons incarcerated in jail who have been charged with but not convicted of a crime be sent to the correctional facility where he or she is in custody; require county clerks to keep lists of persons who return absentee ballots; require the county clerk to send a copy of the lists to the State Board of Elections and Secretary of State; prohibit the lists from being made public until after the close of business hours on the day of a primary or regular election; require that the county clerk and Secretary of State keep a record of the number of votes cast; amend KRS 117.235 to prohibit persons from electioneering within 100 feet of a mail-in absentee drop-box or receptacle for 45 days before any election; amend KRS 117.265 to prohibit any candidate who is disqualified in a primary from running for the same office in the regular election; amend KRS 117.275 to require that the copy of the precinct-by-precinct summary of tabulation showing the results from each precinct include votes cast during all absentee voting; amend KRS 117.295 to allow the county clerk to dispose of video surveillance of voting equipment after 60 days; require that the keys to voting equipment and ballot boxes remain in the possession of the county clerk; amend KRS 117.343 to increase the reimbursement to the county clerk from the State Board of Elections for necessary costs to not more than one dollar and 50 cents per registered voter; amend KRS 117.345 to require the State Board of Elections to direct the State Treasurer to provide county treasurers 50 cents per voter; amend KRS 117.389 to remove the 30-day restriction for county clerks to have automatic tabulating equipment tested; amend KRS 117A.070 to inform voters who have applied after seven days before an election for a military-overseas ballot of their ability to use a federal write-in absentee ballot; amend KRS 118.125 to remove the requirement that a candidate's precinct be listed on his or her notification and declaration oath; amend KRS 118.345 to prohibit any candidate who is disqualified in a primary from running for the same office in the regular election; amend KRS 118.415 to remove references to participation by the Attorney General in the formation of a ballot question for a proposed constitutional amendment; amend KRS 118.445 to allow the Secretary of State to designate the location where presidential electors shall convene on the first Tuesday after the second Wednesday in December after their election; amend KRS 118.740 to require copies of certain proclamations or writs of election be forwarded by mail to the sheriff of a county at least 63 days before an election and that the sheriff shall give notice at least 56 days before the day of an election; amend KRS 118.770 to require that certain certificates of nomination be filed at least 56 days before an election; amend KRS 118A.060 to require names of judicial candidates be printed on the ballot in accordance with the requirements in KRS 118.129; amend KRS 118A.090 to conform; amend KRS 118A.100 to remove language to clarify that this chapter applies to a vacancy in office; amend KRS 160.180 to require that members of a board of education shall sign an affidavit and provide proof evidencing his or her completion of twelfth grade; amend KRS 160.190 to require candidates for school board vacancies to file nominating petitions not later than the second Tuesday in August preceding the regular election, and to file declarations of intent in accordance with KRS 117.265; require the State Board of Elections to reappoint appointed members of the county boards of elections whose terms expire on June 30, 2024 for a term of one year to expire on June, 20, 2025; APPROPRIATION; EMERGENCY. |
| Index Headings of Original Version |
County Clerks - Absentee ballots, records required, procedure County Clerks - Candidates, disqualification, regular election prohibition County Clerks - Candidates, notification and declaration, oath, requirements County Clerks - Consolidation of precincts, procedure County Clerks - County board of elections, appointed members, term County Clerks - No-excuse in-person absentee voting, requirements County Clerks - Precinct locations, date established County Clerks - Proclamations, writs of election, forwarding date County Clerks - Reimbursement increase, elections, fees County Clerks - Voting equipment, video surveillance, disposal County Clerks - Voting tabulation equipment, testing Courts - Judicial candidates, ballot requirements, form of name Effective Dates, Emergency - Elections, county boards, precincts, no-excuse in-person absentee voting Elections and Voting - Candidates, disqualification, regular election prohibition Elections and Voting - Candidates, notification and declaration, oath, requirements Elections and Voting - Consolidation of precincts, procedure Elections and Voting - County board, appointees, removal, procedure Elections and Voting - Electioneering, absentee drop-boxes, absentee drop-receptacle, prohibition Elections and Voting - General Assembly, constitutional amendments, substance, preparation Elections and Voting - Judicial candidates, ballot requirements, form of name Elections and Voting - Judicial candidates, vacancy in office, procedure Elections and Voting - Judicial candidates, vacancy in office. procedure Elections and Voting - Local boards of education, membership, requirements Elections and Voting - Mail-in absentee ballots, requirements Elections and Voting - Military-overseas ballot, federal write-in absentee ballot, inform Elections and Voting - No-excuse in-person absentee voting, requirements Elections and Voting - President and Vice President, electors, meeting location, date Elections and Voting - Secretary of State, State Board of Elections, voter list maintenance, agreements Elections and Voting - Voter address change, procedure, form Elections and Voting - Voting equipment, video surveillance, disposal General Assembly - Constitutional amendments, substance, preparation Secretary of State - Absentee ballots, records required, procedure Secretary of State - Candidates, disqualification, regular election prohibition Secretary of State - Candidates, notification and declaration, oath, requirements Secretary of State - General Assembly, constitutional amendments, substance, preparation Secretary of State - Judicial candidates, ballot requirements, form of name Secretary of State - Judicial candidates, vacancy in office, procedure Secretary of State - Military-overseas ballot, federal write-in absentee ballot, inform Secretary of State - President and Vice President, electors, meeting location, date Secretary of State - Proclamations, writs of election, forwarding date Secretary of State - State Board of Elections, voter list maintenance, agreements Sheriffs - Proclamations, writs of election, notice date State Agencies - Board of Elections, absentee ballots, records required, procedure State Agencies - Board of Elections, consolidation of precincts, procedure State Agencies - Board of Elections, mail-in absentee ballots, requirements State Agencies - Board of Elections, voter address change, form State Agencies - Board of Elections, voter list maintenance, agreements State Agencies - State Board of Elections, county board of election appointments, term Treasurer - County treasurer, election fees, reimbursement Appropriations - Election costs, increase, reimbursement Counties - Board of Elections, appointees, removal, procedure Counties - Board of elections, members, compensation increase Counties - Board of elections, precinct locations, date established Counties - County board of elections, appointed members, term Boards and Commissions - County board of elections, members, compensation increase Boards and Commissions - County board of elections, precinct locations, date established Boards and Commissions - Local boards of education, membership, requirements Boards and Commissions - State Board of Elections, absentee ballots, records required, procedure Boards and Commissions - State Board of Elections, consolidation of precincts, procedure Boards and Commissions - State Board of Elections, county board of elections, appointees, removal, procedure Boards and Commissions - State Board of Elections, mail-in absentee ballots, requirements Boards and Commissions - State Board of Elections, voter address change, form Boards and Commissions - State Board of Elections, voter list maintenance, agreements Local Mandate - Consolidation of precincts, procedure Local Mandate - Consolidation of precincts, procedure, date applied Corrections Impact - E-poll book, election administration information system, tamper or destroy, penalty, Class D Felony |
| Jump to Proposed Amendments |
House Committee Substitute 1 with Fiscal Impact Statements House Floor Amendment 1 House Floor Amendment 2 House Floor Amendment 3 with Fiscal Impact Statements House Floor Amendment 4 with Fiscal Impact Statements Senate Committee Substitute 1 with Fiscal Impact Statements Senate Floor Amendment 1 |
| Votes | Vote History |
| 02/16/24 |
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| 02/20/24 |
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| 02/22/24 |
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| 02/23/24 |
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| 02/26/24 |
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| 03/01/24 |
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| 03/05/24 |
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| 03/07/24 |
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| 03/08/24 |
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| 03/11/24 |
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| 03/26/24 |
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| 03/27/24 |
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| 03/28/24 |
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| 04/15/24 |
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| 04/19/24 |
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| 04/27/24 |
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| Amendment | House Committee Substitute 1 |
|---|---|
| Fiscal Impact Statements |
Corrections Impact to House Committee Substitute 1
Local Mandate to House Committee Substitute 1 |
| Summary | Retain original provisions, except amend KRS 116.112 to provide that the State Board of Elections is authorized to enter into agreements to further voter list maintenance practices; remove language allowing a voter to confirm a change in residence through a letter; amend KRS 117.065 to allow county boards of election to designate certain buildings as voting places on election day and all days of excused and no-excuse in-person absentee voting; amend KRS 117.066 to specify that approved petitions shall not begin applying for the entire year until January 1, 2025; amend KRS 117.085 to update language regarding the Secretary of State's Safe At Home program; add and amend KRS 117.086 to require that lists kept by the county clerks of persons who return absentee ballots also be sent to the Secretary of State; make technical corrections; add and amend KRS 117.900 to allow county boards of election to implement annual prize contests for students and teachers and prescribe guidelines for these contests; amend KRS 118.415 to establish the date for certification of constitutional amendment questions that are to be placed on the ballots; amend KRS 118.445 to require any location designated by the Secretary of State to be publicly displayed on his or her official website; add and amend KRS 119.005 to define "election administration information system"; add and amend KRS 119.115 to make it a Class D felony to tamper or attempt to tamper with, disarrange, deface, impair, injure, or destroy an e-poll book or election administration information system; add and amend KRS 511.100 to change the definition of "key infrastructure assets" to make trespassing upon voting equipment, e-poll books, and all other assets vital to the Commonwealth's election administration a Class B misdemeanor for the first offense, and a Class A misdemeanor for a second or subsequent offense. |
| Index Headings |
County Clerks - Absentee ballots, lists, procedure County Clerks - Consolidation of precincts, procedure, date applied Crimes and Punishments - E-poll book, election administration information system, tamper or destroy, penalty, Class D Felony Crimes and Punishments - Trespass upon, e-poll book, election administration system, penalty Elections and Voting - Consolidation of precincts, procedure, date applied Elections and Voting - County board, prize contests for students and teachers, guidelines Elections and Voting - Designation of voting places, excused and no-excuse in-person absentee voting days Elections and Voting - E-poll book, election administration information system, tamper or destroy, penalty, Class D Felony Elections and Voting - Election administration information system, definition Elections and Voting - Trespass upon, e-poll book, election administration system, penalty Secretary of State - Absentee ballot lists, procedure Secretary of State - Constitutional amendments, ballot question, certification date Secretary of State - Safe at Home program, language State Agencies - Board of Elections, agreements, voter list maintenance State Agencies - Board of Elections, consolidation of precincts, procedure, date applied Constitution, Ky. - Amendments, ballot question, certification dates Boards and Commissions - County board of elections, designation of voting places, excused and no-excuse absentee voting days Boards and Commissions - County board of elections, prize contests for students and teachers, guidelines Boards and Commissions - State Board of Elections, agreements, voter list maintenance Boards and Commissions - State Board of Elections, consolidation of precincts, procedure, date applied Technical Corrections - HB 580/HCS 1 |
| Amendment | House Floor Amendment 1 |
|---|---|
| Sponsor | J. Decker |
| Summary | Retain original provisions, except delete Sections 2, 12, 13, and 31, relating to appropriations, in their entirety; remove language requiring a sworn statement to vote by excused in-person absentee voting for voters in the last trimester of pregnancy; amend KRS 117.085 to require jail staff to allow incarcerated voters to receive assistance from the county clerk to request an absentee ballot; allow voters who are receiving in-patient or residential medical treatment to receive a mail-in absentee ballot at the facility where they are receiving treatment; allow certain voters who have left an address to request a second ballot, and require the county clerk to cancel the first absentee ballot; remove language from KRS 117.086 requiring the county clerk to send a copy of the lists of absentee voters to the Secretary of State; amend KRS 117.295 to clarify that the required video recording may be disposed of by county clerks upon compliance with the Kentucky Open Records Act. |
| Index Headings |
Boards and Commissions - State Board of Elections, excused in-person absentee voting, requirements County Clerks - Mail-in absentee ballots, requests, procedure County Clerks - Absentee ballots, lists, procedure Elections and Voting - Excused in-person absentee voting, pregnant voters, requirements Elections and Voting - Mail-in absentee ballots, requests, procedure State Agencies - Board of Elections, excused in-person absentee ballot, requirements |
| Amendment | House Floor Amendment 2 |
|---|---|
| Sponsor | J. Decker |
| Summary | Make title amendment. |
| Index Headings | Title Amendments - HB 580 |
| Amendment | House Floor Amendment 3 |
|---|---|
| Fiscal Impact Statements |
Corrections Impact to House Floor Amendment 3
Local Mandate to House Floor Amendment 3 |
| Sponsor | J. Decker |
| Summary | Retain original provisions, except delete Sections 2, 12, 13, and 31, relating to appropriations, in their entirety; amend KRS 117.066 to allow county boards of election to petition the State Board of Elections to amend previously approved precinct consolidation plans; amend KRS 117.076 to remove language requiring a sworn statement to vote by excused in-person absentee voting for voters in the last trimester of pregnancy; require that tallies or counts of in-person absentee ballots, or any partial results, be transmitted or publicized only to the county board of elections until a certain time; amend KRS 117.085 to remove new language and restore language referencing the Secretary of State's crime victim address confidentiality protection program; require jail staff to allow incarcerated voters to receive assistance from the county clerk to request an absentee ballot; allow voters who are receiving in-patient or residential medical treatment to receive a mail-in absentee ballot at the facility where they are receiving treatment; allow certain voters who have left an address to request a second ballot, and require the county clerk to cancel the first absentee ballot; remove language from KRS 117.086 requiring the county clerk to send a copy of the lists of absentee voters to the Secretary of State; add and amend KRS 117.0861 to allow a caregiver or employee of a caregiving facility, or an employee of a jail to handle mail-in absentee ballots if he or she is ordinarily engaged in delivery of mail-matter, and as long as the ballot remains private to the voter; amend KRS 117.295 to clarify that the required video recording may be disposed of by county clerks upon compliance with the Kentucky Open Records Act; delete Section 30, relating to key infrastructure assets in its entirety. |
| Index Headings |
Local Mandate - County board of elections, precinct consolidation plan, amendment Corrections Impact - Excused in-person absentee voting, pregnant voters, requirements County Clerks - Absentee ballots, lists, procedure County Clerks - Mail-in absentee ballots, requests, procedure Boards and Commissions - State Board of Elections, excused in-person absentee voting, requirements Elections and Voting - Excused in-person absentee voting, pregnant voters, requirements Elections and Voting - Mail-in absentee ballots, requests, procedure Secretary of State - Voting locations, precinct consolidation, amendment State Agencies - Board of Elections, excused in-person absentee ballot, requirements Boards and Commissions - County board of elections, precinct consolidation plan, amendment |
| Amendment | House Floor Amendment 4 |
|---|---|
| Fiscal Impact Statement | Local Mandate to House Floor Amendment 4 |
| Sponsor | J. Decker |
| Summary | Retain original provisions, except amend KRS 117.066 to allow county boards of election to petition the State Board of Elections to amend previously approved precinct consolidation plans; amend KRS 117.076 to remove language requiring a sworn statement to vote by excused in-person absentee voting for voters in the last trimester of pregnancy; require that tallies or counts of in-person absentee ballots, or any partial results, be transmitted or publicized only to the county board of elections until a certain time; amend KRS 117.085 to remove new language and restore language referencing the Secretary of State's crime victim address confidentiality protection program; require jail staff to allow incarcerated voters to receive assistance from the county clerk to request an absentee ballot; allow voters who are receiving in-patient or residential medical treatment to receive a mail-in absentee ballot at the facility where they are receiving treatment; allow certain voters who have left an address to request a second ballot, and require the county clerk to cancel the first absentee ballot; remove language from KRS 117.086 requiring the county clerk to send a copy of the lists of absentee voters to the Secretary of State; add and amend KRS 117.0861 to allow a caregiver or employee of a caregiving facility, or an employee of a jail to handle mail-in absentee ballots if he or she is ordinarily engaged in delivery of mail-matter, and as long as the ballot remains private to the voter; amend KRS 117.295 to clarify that the required video recording may be disposed of by county clerks upon compliance with the Kentucky Open Records Act; delete Section 30, relating to key infrastructure assets in its entirety; delete Section 31, relating to an appropriation in its entirety. |
| Index Headings |
County Clerks - Absentee ballots, lists, procedure County Clerks - Mail-in absentee ballots, requests, procedure Elections and Voting - Excused in-person absentee voting, pregnant voters, requirements Elections and Voting - Mail-in absentee ballots, requests, procedure Local Mandate - County board of elections, precinct consolidation plan, amendment Local Mandate - Voting locations, precinct consolidation, amendment Secretary of State - Voting locations, precinct consolidation, amendment State Agencies - Board of Elections, excused in-person absentee ballot, requirements Boards and Commissions - County board of elections, precinct consolidation plan, amendment Boards and Commissions - State Board of Elections, excused in-person absentee voting, requirements |
| Amendment | Senate Committee Substitute 1 |
|---|---|
| Fiscal Impact Statements |
Corrections Impact to Senate Committee Substitute 1
Local Mandate to Senate Committee Substitute 1 |
| Summary | Retain original provisions, except remove Sections 2, 13, and 14, which were amending KRS 116.145, 117.343, and 117.345 relating to the fees and reimbursement rates for county clerks and treasurers; amend KRS 118.215 to move the candidate certification date to the third Monday after the filing deadline for the primary; amend KRS 118.225 to require that the ballot position for all statewide office candidates or slates of candidates be determined by lot for each congressional district; remove Section 29, which was amending KRS 160.180 relating to filings by candidates for local boards of education. |
| Index Headings |
County Clerks - Statewide offices, ballot position Elections and Voting - Candidates, slates of candidates, certification, date Elections and Voting - Statewide offices, ballot position, determination Secretary of State - Candidates, slates of candidates, certification, date Secretary of State - Statewide offices, ballot position, determination Corrections Impact - Statewide offices, ballot position Local Mandate - Candidates, slates of candidates, certification, date |
| Amendment | Senate Floor Amendment 1 |
|---|---|
| Sponsor | A. Southworth |
| Summary | Retain original provisions, except amend KRS 116.112 to establish that any intergovernmental data that is exchanged to remove ineligible voters shall not be subject to commercial use or third-party access to the voter registration system; allow a voter to confirm his or her residence has changed through writing or through the online form on the State Board of Elections' website. |
| Index Headings |
Boards and Commissions - State Board of Elections, voter list maintenance, agreements Boards and Commissions - State Board of Elections, voter address change, procedure, form Elections and Voting - State Board of Elections, voter list maintenance, agreements Elections and Voting - Voter address change, procedure, form State Agencies - Board of Elections, voter list maintenance, agreements State Agencies - Board of Elections, voter address change, procedure, form |
Last updated: 9/26/2024 1:37 PM (EDT)