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116.048 Voter registration agencies.
(1)
(2)
The following agencies are designated as voter registration agencies in
accordance with the National Voter Registration Act of 1993:
(a) Agencies that provide benefits under public assistance under Title IV-A of
the Federal Social Security Act, the Special Supplemental Food Program
for Women, Infants, and Children, the Kentucky Medical Assistance
Program, or the Food Stamps Program;
(b) Armed Forces recruitment offices;
(c) Other agencies as the Secretary of State shall determine to be providing
public assistance; and
(d) Other agencies as the Secretary of State shall determine to be
state-funded programs primarily engaged in providing services to persons
with disabilities.
A voter registration agency that provides service or assistance in conducting
voter registration shall:
(a) Distribute with each application for its service or assistance, and with
each recertification, renewal, or change of address form, the office's own
voter registration application form that complies with the requirements of
Section 7 of Public Law 103-31, the National Voter Registration Act of
1993;
(b) Provide a form that includes:
1.
The question, "If you are not registered to vote where you live now,
would you like to apply to register to vote here today?";
2.
If the agency provides public assistance, the statement, "Applying to
register or declining to register to vote will not affect the amount of
assistance that you will be provided by this agency.";
3.
Boxes for the applicant to check to indicate whether the applicant
would like to register or declines to register to vote (failure to check
either box being deemed to constitute a declination to register for
purposes of paragraph (c) of this subsection), together with the
statement in close proximity to the boxes and in prominent type, "IF
YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED
TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS
TIME.";
4.
The statement, "If you would like help in filling out the voter
registration application form, we will help you. The decision whether
to seek or accept help is yours. You may fill out the application form
in private."; and
5.
The statement, "If you believe that someone has interfered with your
right to register or to decline to register to vote, your right to privacy
in deciding whether to register or in applying to register to vote, or
your right to choose your own political party or other political
preference, you may file a complaint with __________________.",
the blank being filled by the name, address, and telephone number
of the appropriate official to whom a complaint should be addressed;
(3)
(4)
(5)
(6)
and
(c) Provide to each applicant who does not decline to register to vote the
same degree of assistance with regard to the completion of the
registration application form as is provided by the office with regard to the
completion of its own forms, unless the applicant refuses assistance.
(a) At each voter registration agency, the following services shall be made
available:
1.
Distribution of mail voter registration forms;
2.
Assistance to applicants in completing voter registration application
forms, unless the applicant refuses assistance; and
3.
Acceptance of completed voter registration application forms for
transmittal to the county clerk of the county of the applicant's voting
residence.
(b) If a voter registration agency designated under subsection (1)(d) of this
section provides services to a person with a disability at the person's
home, the agency shall provide the services described in paragraph (a) of
this subsection at the person's home.
A person who provides services described in subsection (3) of this section
shall not:
(a) Seek to influence an applicant's political preference or party registration;
(b) Display any material indicating the person's political preference or party
allegiance;
(c) Make any statement to an applicant or take any action the purpose or
effect of which is to discourage the applicant from registering to vote; or
(d) Make any statement to an applicant or take any action the purpose or
effect of which is to lead the applicant to believe that a decision to register
or not to register to vote has any bearing on the availability of services or
benefits.
The State Board of Elections may designate requirements for record keeping
and document retention it deems necessary to comply with the National Voter
Registration Act of 1993 and the provisions of this chapter.
(a) A completed registration application accepted at a voter registration
agency shall be transmitted to the county clerk of the county of the
applicant's voting residence or the State Board of Elections not later than
ten (10) days after the date of acceptance.
(b) If a registration application is accepted within five (5) days before the last
day for registration to vote in an election, the application shall be
transmitted to the county clerk of the county of the applicant's voting
residence or the State Board of Elections not later than five (5) days after
the date of acceptance.
Effective:July 15, 1998
History: Amended 1998 Ky. Acts ch. 100, sec. 5, effective July 15, 1998. -Created 1994 Ky. Acts ch. 393, sec. 2, effective January 1, 1995.
Legislative Research Commission Note (7/15/94). In Attorney General Opinion
94-42, it was concluded that 1994 Ky. Acts ch. 393, which enacted this statute
"will take effect on January 1, 1995, the date the National Voter Registration Act
will take effect with respect to Kentucky."
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