30 KAR 6:010. Kentucky address confidentiality program

Link to law: http://www.lrc.ky.gov/kar/030/006/010.htm
Published: 2015

      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.)
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