2013 Kentucky Revised Statutes CHAPTER 15 - DEPARTMENT OF LAW 15.243 Enforcement of all election laws -- Duties of Attorney General -- Toll-free line for report of violations -- Random inquiry for irregularities -- Initiation of prosecutions.
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15.243 Enforcement of all election laws -- Duties of Attorney General -Toll-free line for report of violations -- Random inquiry for irregularities -Initiation of prosecutions.
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In addition to the other duties and powers of the Attorney General, he shall
enforce all of the state's election laws by civil or criminal processes.
The Attorney General shall:
(a) Devise and administer programs to observe the conduct of elections;
(b) Hold public hearings;
(c) Establish a toll-free telephone service for the purpose of receiving reports
of election law violations. The service shall be operated during regular
business hours throughout the year and during the hours which any poll in
the state is open on the day of any primary, special election or regular
election;
(d) Initiate investigations or investigate alleged violations of election laws at
the request of a registered voter or on his own motion;
(e) Issue subpoenas for the production of any books, papers,
correspondence, memoranda or other records, and compel the
attendance of witnesses that he deems relevant to the purposes of any
investigation;
(f) Present evidence of alleged violations to a grand jury; and
(g) File appropriate complaints in any court of competent jurisdiction.
(a) The Attorney General shall be required to begin an independent inquiry
for any potential irregularities that may have occurred in each election in
not fewer than five percent (5%) of Kentucky's counties, to be selected at
random in a public process, within twenty (20) days following each
primary or regular election. No county shall be subject to inquiry under
this subsection in two (2) consecutive elections.
(b) The Attorney General shall report his findings to the grand jury of each
county involved and to the chief circuit judge for the circuit in which the
county is located.
When the Registry of Election Finance concludes there is probable cause to
believe a violation of election laws has occurred, it shall forward the matter to
the Attorney General for prosecution. In the event the Attorney General or local
prosecutor fails to prosecute the matter in a timely fashion, the registry's
attorney may petition the Circuit Court to be appointed as a special prosecutor.
Upon such motion timely filed, for good cause shown, the court shall enter an
order to that effect.
When requested by the Attorney General, all state and local agencies and
officials, including the Auditor of Public Accounts, Commonwealth's attorneys,
county attorneys, Registry of Election Finance, Department of Kentucky State
Police, sheriffs' departments and local police shall give all possible assistance
to the Attorney General in the performance of his duties.
Effective:June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 14, effective June 26, 2007. -Amended 1990 Ky. Acts ch. 48, sec. 1, effective July 13, 1990. -- Created 1988
Ky. Acts ch. 341, sec. 2, effective July 15, 1988.
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