31 Ky. Admin. Regs. 4:170

Current through Register Vol. 51, No. 6, December 1, 2024

Section 31 KAR 4:170 - Exceptions to prohibition on electioneering

RELATES TO: KRS 117.015, 117.235

NECESSITY, FUNCTION, AND CONFORMITY: KRS 117.015(1)(a) authorizes the State Board of Elections to promulgate administrative regulations necessary to properly carry out its duties. KRS 117.235(3)(d) authorizes the board to establish exceptions to the prohibition on electioneering through administrative regulations. This administrative regulation establishes these exceptions.

Section 1. Definitions.

(1) "Bumper sticker" means a sticker that measures within fourteen (14) inches by five (5) inches for display on a vehicle bearing a printed message soliciting votes for or against any bona fide candidate or ballot question in a manner which expressly advocates the election or defeat of the candidate or expressly advocates the passage or defeat of the ballot question.

(2) "Electioneering" is defined by KRS 117.235(3)(d).

(3) "Polling place" means a voting place established in accordance with the provisions of KRS 117.065.

(4) "Voting room" means a room in which votes are polled as established in KRS 117.235(1).

Section 2. Exceptions to Electioneering. Electioneering shall not include:

(1) A bumper sticker pursuant to KRS 117.235(3)(d); or

(2) A voter's use of a personal telecommunications device, computer, or other information technology system, in the voting room to record or transmit electronically an image of his or her own personal likeness and ballot, if the voter does not use the picture:

(a) To solicit signatures to a petition or solicit votes for or against any bona fide candidate or ballot question in a manner that expressly advocates the election or defeat of the candidate or expressly advocates the passage or defeat of the ballot question; and

(b) Within a distance of 100 feet of any entrance to a building in which a voting machine is located if that entrance is:

1. Unlocked; and

2. Used by voters on election day.

31 KAR 4:170

32 Ky.R. 2200; eff. 7-26-2006; 43 Ky.R. 1000, 1375; eff. 3-3-2017; 48 Ky.R. 3026; 49 Ky.R. 1029; eff. 1/31/2023.

STATUTORY AUTHORITY: KRS 117.015(1)(a), 117.235(3)(d)