31 KAR 3:010. Current address of Kentucky
registered voters
and distribution of voter registration lists.
RELATES TO: KRS 116.085, 116.155,
117.025, 117.225
STATUTORY AUTHORITY: KRS 117.015
NECESSITY, FUNCTION, AND CONFORMITY: KRS
117.015 authorizes the Kentucky State Board of Elections to promulgate administrative
regulations necessary to properly carry out its duties. This administrative
regulation establishes the procedures for election officials and voters to
follow to correct and maintain voter registration records and establishes
standards for the State Board of Elections to follow when reviewing a request
for a voter registration list.
Section 1. Definitions. (1)
"Advertisement" means any attempt by publication, dissemination,
solicitation, or circulation to induce any person to enter into any obligation,
or acquire any title or interest in any good or service.
(2) "Alphabetical labels" means
labels of registered voters within the precinct with one (1) name per label and
sorted in alphabetical order.
(3) "Alphabetical lists" means
lists of registered voters generated from the statewide voter registration
database and sorted in alphabetical order by last name within a precinct that
have the name, address, age code, party, gender, zip code, and five (5) year
voting history of every voter in the precinct.
(4) "CD-R" means a compact
computer disc with read-only memory containing the voter’s name and address,
county code, precinct code, gender, party, zip code, date of birth, date of
registration, and five (5) year voting history generated from the statewide
voter registration database.
(5) "Household labels by street
order" means labels that are generated from the statewide voter
registration database and sorted by street address within the precinct with as
many as four (4) names per label of the voters whose last name and address are
an identical match.
(6) "Household labels by zip code
order" means labels that are generated from the statewide voter
registration database and sorted by zip code within the county with as many as
four (4) names per label of the voters whose last name and address are an
identical match.
(7) "Sale" means any sale,
rental, distribution, offer for sale, rental, or distribution, or attempt to
sell, rent, or distribute any good or service to another.
(8) "Statewide voter registration
database" means a complete roster of all qualified voters within the state
by county and precinct that the State Board of Elections is required to
maintain pursuant to KRS 117.025(3)(a).
(9) "Street order lists" means
lists of registered voters generated from the statewide voter registration
database sorted in street order within a precinct and contain the name, address,
age code, party, gender, zip code, and a five (5) year voting history of every
registered voter in the precinct.
(10) "Voter registration list"
means a list of registered voters generated from the statewide voter
registration database in any format in any given election precinct in the
Commonwealth of Kentucky that the State Board of Elections is required to
furnish pursuant to KRS 117.025(3)(h).
Section 2. Correction of Voter
Registration Records. (1) Each county clerk shall instruct the precinct election
officers of the necessity for informing each voter that he or she shall correct
any error existing in his or her address as it appears upon the precinct
signature roster.
(2) Each precinct election officer shall
instruct each voter to correct any error existing in his or her address as it
appears upon the precinct signature roster.
(3) Each voter shall, when he or she
signs the precinct signature roster, correct any error existing in his or her
address as it appears upon the precinct signature roster.
(4) Each county clerk shall take all steps
necessary to correct and update each voter's address upon the statewide voter
registration database.
Section 3. Interpretation of Commercial
Use. Commercial use, as that term is used in KRS 117.025(3)(h), shall be
interpreted by the Board of Elections to mean:
(1) The use by the requester of the voter
registration list, or any part thereof, in any form, for profit, the
solicitation of donations, or for the sale or advertisement of any good or
service; or
(2) The transfer of a voter registration list
by the requester for a profit to any other person whom the requester knew or
should have known intended to use the voter registration list, or any part thereof,
in any form, for profit, the solicitation of donations, or for the sale or advertisement
of a good or service.
Section 4. Exceptions to Commercial Use
Interpretation. Commercial use shall not include use of a voter registration
list, or any part thereof, for the following purposes:
(1) Use for scholarly, journalistic,
political (including political fund raising), or governmental purposes;
(2) Use for publication, broadcast, or
related use by a newspaper, magazine, radio station, television station, or
other news medium in its news or other publications or broadcasts; or
(3) Use in a publication provided or sold
to duly qualified candidates; political party committees, or officials thereof;
or any committee that advocates or opposes an amendment or public question.
Section 5. Requests for Voter
Registration Lists. A request for voter registration lists shall be made by
submitting a completed Request for Voter Registration Data, form SBE-84, to the
State Board of Elections with payment of costs as follows:
(1) The minimum charge for lists and
label orders shall be ten (10) dollars.
(2) The charge for alphabetical lists
shall be four (4) dollars per precinct.
(3) The charge for street order lists
shall be four (4) dollars per precinct.
(4) The charge for alphabetical labels
shall be ten (10) dollars per thousand labels.
(5) The charge for household labels by
street order shall be ten (10) dollars per thousand labels.
(6) The charge for household labels by
zip code order shall be ten (10) dollars per thousand labels.
(7) The minimum charge for CD-R shall be
twenty-five (25) dollars.
(8) The charge for CD-R shall be one (1)
dollar per 1,000 records up to 100,000 records; fifty (50) cents per thousand
records over 100,000 records; $450 statewide.
Section 6. Incorporation by Reference.
(1) "Request for Voter Registration Data", SBE 84, October 2009, is
incorporated by reference.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the State Board of
Elections, 140 West Walnut Street, Frankfort, Kentucky 40601, Monday through Friday,
8 a.m. to 4:30 p.m. (13 Ky.R. 559; eff. 10-2-1986; 30 Ky.R. 2171; 2455;
7-2-2004; 33 Ky.R. 3235; 3595; eff. 7-6-2007; 1095; 1434; eff. 2-5-2009.)