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.
