116.112 Voter registration purge program -- Inactive voter list.
885 words·~4 min read·
/ky/chapter-116/116-112A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The State Board of Elections shall establish a voter registration purge program
using the change-of-address information supplied by the United States Postal
Service through its licensees or other sources to identify voters whose addresses
may have changed. The State Board of Elections is authorized to enter into
agreements with other governmental agencies to further voter list maintenance
practices. Intergovernmental agreements for the exchanging of any data shall be
permitted if the sole purpose of exchanging data is to remove ineligible voters. The
data shall not be subject to any commercial use, directly or indirectly, or third-party
access to the voter registration system.
(a)If it appears from information provided by the postal service or other sources
that a voter has moved to a different address in the same county in which the
voter is currently registered, the State Board of Elections shall provide to the
county board of elections the information necessary to change the registration
records to show the new address and the State Board of Elections shall send to
the new address a notice of the change by forwardable mail on a form
prescribed by the State Board of Elections and a postage prepaid, pre-
addressed return form by which the voter may verify or correct the address
information.
(b)If the county board of elections requests authorization from the State Board of
Elections to send address confirmation notices as provided in this subsection,
the State Board of Elections shall grant the request.
(a)If it appears from information provided by the postal service or other sources
that a voter has moved to a different address not in the same county, the State
Board of Elections shall send to the address from which the voter was last
registered, by forwardable mail, a notice on a form prescribed by the State
Board of Elections, with a postage prepaid and pre-addressed return card on
which the voter may state his or her current address.
(b)If a county board of elections requests authorization from the state board to
send address confirmation notices as provided in this subsection, the state
board shall grant the request.
(4)The state or county boards of elections shall not remove the name of a voter from
the registration records on the ground that the voter has changed his or her
residence unless the voter:
(a)Confirms in writing, or on a form provided by the State Board of Elections on
its official website, that the voter has changed residence to a place outside the
county; or
(b)1. Has failed to respond to the notice described in subsection
(3)of this
section; and
2. Has not voted or appeared to vote and, if necessary, correct the
registration records of the voter's address in an election during the
period beginning on the date of the notice and ending on the day after
the date of the second general election for federal office that occurs after
the date of the notice.
If a county board of elections requests authorization from the state board to conduct
purges of voters in its county in accordance with the provisions of this subsection,
the state board shall grant the request.
(5)The State Board of Elections shall establish an inactive list of all voters who fail to
respond to the notice described in subsection
(3)of this section and do not vote or
appear to vote in an election during the period beginning on the date of the notice
and ending on the day after the date of the second general election for federal office
that occurs after the date of the notice. If a county board of elections requests
authorization from the state board to establish an inactive list of voters for its
county, the state board shall grant the request.
(6)The State Board of Elections shall complete, not later than ninety
(90)days prior to
the date of a primary or regular election, any program the purpose of which is to
systematically remove the names of ineligible voters from the registration records.
(7)Voters placed on an inactive list are to be counted only for purposes of voting and
not for purposes of establishing or modifying precincts, calculating the amount of
reimbursement of county clerks by the State Board of Elections for certain election-
related expenses, or reporting official statistics, except as provided by the Election
Assistance Commission's regulations promulgated pursuant to the National Voter
Registration Act of 1993.
(a)The State Board of Elections and county boards of elections shall maintain for
at least two
(2)years and shall make available for public inspection and,
where available, photocopying at a reasonable cost, all records concerning the
implementation of programs and activities conducted for the purpose of
ensuring the accuracy and currency of the registration records, except to the
extent that the records relate to the declination to register to vote or the
identity of a voter registration agency through which any particular voter is
registered.
(b)The records maintained pursuant to paragraph
(a)of this subsection shall
include lists of the names and addresses of all persons to whom notices
described in subsection
(3)are sent, and information concerning whether each
person has responded to the notice as of the date that inspection of the records
is made.