30 KAR 6:010. Kentucky address
confidentiality program.
RELATES
TO: KRS 14.300, 14.302, 14.304, 14.306, 14.310
STATUTORY
AUTHORITY: KRS 14.304(2), (4), 14.306(3), (5), 14.318(2)
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 14.318(2) authorizes the Secretary of State to
promulgate administrative regulations implementing KRS 14.300 to 14.310, 14.314,
and 14.316. This administrative regulation implements KRS 14.300, 14.302,
14.304, 14.306, and 14.310.
Section
1. Definitions. (1) "Address" is defined by KRS 14.300(1).
(2)
"Applicant" is defined by KRS 14.300(2).
(3)
"Filer" means a person who is:
(a)
A:
1.
Parent or guardian acting on behalf of a minor;
2.
Guardian acting on behalf of a person who is declared incompetent; or
3.
Designee of an applicant or a parent or guardian of a minor or a guardian of a
person declared incompetent who cannot apply independently; and
(b)
Applying to the Secretary of State to have an address designated by the
Secretary of State serve for voting purposes as the address of the minor,
incompetent person, or applicant.
(4)
"Program Participant" is defined by KRS 14.300(5).
Section
2. Requirements for Application for Certification to Participate in the Address
Confidentiality Program. (1) Application for certification to participate in the
address confidentiality program shall be made to the Secretary of State by
submitting a completed Application for Certification to Participate in Address
Confidentiality Program.
(2)
The Application for Certification to Participate in Address Confidentiality
shall be:
(a)
Notarized; and
(b)
In English.
Section
3. Certification in the Address Confidentiality Program. (1) The Secretary of
State shall approve an Application for Certification to Participate in Address
Confidentiality Program and certify the applicant as a program participant if
the applicant and the Application for Certification to Participate in Address
Confidentiality Program meet the requirements established in KRS 14.302 and 14.304
and this administrative regulation.
(2)
The Secretary of State shall notify the applicant or filer whether the
Application for Certification to Participate in Address Confidentiality Program
was denied or the applicant was certified as a program participant.
(a)
If an Application for Certification to Participate in Address Confidentiality
Program is denied, the Secretary of State shall inform the applicant or filer
of the reason for the denial.
(b)
If an applicant is certified as a program participant, the Secretary of State
shall:
1.
Assign to the program participant a participant number and designated address
to be used for voting purposes; and
2.
Issue to the program participant an Address Confidentiality Program Participant
Card reflecting the participant number, designated address to be used for
voting purposes, and date on which certification expires.
(3)
If an applicant is certified as a program participant, participation in the
address confidentiality program shall be effective as of the date of the notification
of certification.
Section
4. Change of Program Participant’s Name or Address.
(1)
A program participant or a filer shall notify the Secretary of State of a
change in the program participant’s name or address by submitting to the Office
of the Secretary of State a completed Address Confidentiality Program
Participant Name or Address Change form.
(2)
The Address Confidentiality Program Participant Name or Address Change form
shall:
(a)
Be in writing;
(b)
Be in English;
(c)
Be signed by the program participant or a filer;
(d)
Include both the program participant’s new information and information as
certified; and
(e)
Be considered filed on the day the Address Confidentiality Program Name or
Address Change form is date-stamped received by the Office of the Secretary of
State.
Section
5. Withdrawal from Participation in the Address Confidentiality Program. (1) A
program participant or filer wishing to withdraw from participation in the
address confidentiality program shall submit to the Secretary of State a
Withdrawal from Participation in Address Confidentiality Program form.
(2)
The Withdrawal from Participation in Address Confidentiality Program form shall
be:
(a)
In writing;
(b)
In English;
(c)
Signed by the program participant or a filer;
(d)
Notarized or signed by a representative of any office designated pursuant to
KRS 14.310 as a referring agency who assisted in the completion of the
Withdrawal from Participation in Address Confidentiality Program form; and
(e)
Submitted to the Secretary of State by mail or in person.
Section
6. Confirmation by the Secretary of State of a Withdrawal from Participation in
the Address Confidentiality Program. (1) Upon receiving a Withdrawal from
Participation in Address Confidentiality Program form, the Secretary of State
shall mail to the program participant or filer a written confirmation of
withdrawal.
(2)
The written confirmation shall notify the program participant or filer:
(a)
Of the date on which a Withdrawal from Participation in Address Confidentiality
Program form was date stamped received by the Office of the Secretary of State;
and
(b)
That program participation shall be terminated ten (10) days following the date
of the written confirmation of withdrawal, unless the program participant or a
filer notifies the Secretary of State on or before that date that the
withdrawal request was not legitimate because it was not voluntarily submitted
by the program participant or a filer.
Section
7. Application for Renewal of Certification in the Address Confidentiality Program.
(1) A program participant or filer wishing to renew certification in the
address confidentiality program shall submit to the Secretary of State at least
five (5) business days prior to the date on which the program participant’s certification
expires an Application for Certification to Participate in Address Confidentiality
Program pursuant to Section 2 of this administrative regulation.
(2)
The Application for Certification to Participate in Address Confidentiality
Program shall be considered timely submitted for purposes of renewal if it is
date-stamped received by the Office of the Secretary of State at least five (5)
business days prior to the date on which the program participant’s
certification expires.
Section
8. Review by the Secretary of State of a Renewal Application for Certification to
Participate in Address Confidentiality Program. (1) The Secretary of State shall
approve a renewal Application for Certification to Participate in Address
Confidentiality Program if the applicant and Application for Certification to
Participate in Address Confidentiality Program meet the requirements established
in KRS 14.302 and 14.304 and this administrative regulation.
(2)
The Secretary of State shall notify the program participant or filer whether
the renewal Application for Certification to Participate in Address
Confidentiality Program was denied or the program participant’s certification
was renewed within five (5) business days after it is date-stamped received by
the Secretary of State.
(a)
If a renewal Application for Certification to Participate in Address
Confidentiality Program is denied, the Secretary of State shall inform the
program participant or filer of the reason for denial.
(b)
If a program participant’s certification is renewed, the Secretary of State
shall issue to the program participant a new Address Confidentiality Program
Participant Card pursuant to Section 3(2)(b)2 of this administrative
regulation, and the renewal shall be effective as of the date of the
notification of renewal.
Section
9. Appeal from Cancellation of Certification in Address Confidentiality
Program. (1) A program participant or filer wishing to appeal from a
cancellation of certification in the address confidentiality program shall submit
to the State Board of Elections an Appeal from Cancellation of Certification in
Address Confidentiality Program form.
(2)
The Appeal from Cancellation of Certification in Address Confidentiality
Program shall be considered timely submitted if it is date-stamped received by
the State Board of Elections within thirty (30) days of the date of the notice
of certification cancellation.
(3)
The Appeal from Cancellation of Certification in Address Confidentiality
Program shall:
(a)
Be in writing;
(b)
Be in English;
(c)
Be signed by the program participant or filer; and
(d)
Include information as to why certification in the address confidentiality
program should not be cancelled.
(4)
If an Appeal from Cancellation of Certification in Address Confidentiality
Program is not timely submitted, cancellation of certification in the address
confidentiality program shall be effective upon the expiration of thirty (30)
days after the date of the notice of certification cancellation.
Section
10. Review by the Executive Director of the State Board of Elections of an
Appeal from Cancellation of Certification in Address Confidentiality Program. (1)
The executive director of the State Board of Elections shall approve or deny an
Appeal from Cancellation of Certification in Address Confidentiality Program
within five (5) business days after it is date-stamped received by the State
Board of Elections.
(a)
The executive director of the State Board of Elections shall approve an Appeal
from Cancellation of Certification in Address Confidentiality Program if the
executive director determines that grounds for cancellation pursuant to KRS
14.306 do not exist.
(b)
The executive director of the State Board of Elections shall deny an Appeal
from Cancellation of Certification in Address Confidentiality Program if the
executive director determines that grounds for cancellation pursuant to KRS
14.306 exist.
(2)
The executive director of the State Board of Elections shall provide to the
program participant or filer written notice of the decision regarding an Appeal
from Cancellation of Certification in Address Confidentiality Program.
(3)
If an Appeal from Cancellation of Certification in Address Confidentiality
Program is timely submitted and denied pursuant to this section, cancellation
of certification in the address confidentiality program shall be effective on
the date on which the notice of denial is mailed.
(4)
The decision of the executive director of the State Board of Elections shall
conclude the appeal procedures pursuant to KRS Chapter 14 and this administrative
regulation.
Section
11. Incorporation by Reference. (1) The following material is incorporated by
reference:
(a)
"Application for Certification to Participate in Address Confidentiality
Program", June 2014;
(b)
"Address Confidentiality Program Participant Card", March 2014;
(c)
"Address Confidentiality Program Participant Name or Address Change",
June 2014;
(d)
"Withdrawal from Participation in Address Confidentiality Program", June
2014; and
(e)
"Appeal from Cancellation of Certification in Address Confidentiality
Program", March 2014.
(2)
This material may be inspected, copied, or obtained, subject to applicable
copyright law, at the Secretary of State’s Office, 700 Capital Avenue, State
Capitol, Suite 152, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to
4:30 p.m., or may be obtained at http://www.sos.ky.gov.
(40 Ky.R. 2646; Am. 41 Ky.R. 10; eff. 8-1-2014.)