2014 Kentucky Revised Statutes CHAPTER 14 - DEPARTMENT OF STATE 14.304 Permit crime victims to use for voting purposes an address provided by the Secretary of State rather than person's actual physical address -- Request to participate in program to include sworn statement of endangerment -- Two year certification period for program participants -- Administrative regulation to govern renewal of certification -- Penalty for providing false information -- Addresses exempt from disclosure under Open Records Law.
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14.304 Permit crime victims to use for voting purposes an address provided
by the Secretary of State rather than person's actual physical address -Request to participate in program to include sworn statement of
endangerment -- Two year certification period for program participants -Administrative regulation to govern renewal of certification -- Penalty for
providing false information -- Addresses exempt from disclosure under
Open Records Law.
(1)
(2)
(3)
(4)
Upon the creation of the crime victim address protection program, an applicant,
a parent or guardian acting on behalf of a minor, a guardian acting on behalf of
a person who is declared incompetent, or a designee of an applicant or a
parent or guardian of a minor or a guardian of a person declared incompetent
who cannot for any reason apply themselves, may apply to the Secretary of
State to have an address designated by the Secretary of State serve for voting
purposes as the address of the applicant, the minor, or the incompetent
person. The Secretary of State shall approve an application if it is filed in the
manner and on the form prescribed by the Secretary of State by administrative
regulation and if it contains:
(a) A sworn statement by the applicant that:
1.
The applicant or the minor or the incompetent person on whose
behalf the application is made is a victim of a specified offense in an
ongoing criminal case or in a criminal case that resulted in a
conviction by a judge or jury or by a defendant's guilty plea; or
2.
The applicant or the minor or the incompetent person on whose
behalf the application is made has been granted an emergency
protective order or a domestic violence order under KRS Chapter
403 by a court of competent jurisdiction within the Commonwealth of
Kentucky and the order is in effect at the time of application;
(b) A sworn statement by the applicant that disclosure of the address of the
applicant would endanger the safety of the applicant or the safety of the
children of the applicant, or the minor or incompetent person on whose
behalf the application is made.
(c) The mailing address and the phone number or numbers where the
applicant can be contacted by the Secretary of State;
(d) The new address or addresses that the applicant requests not be
disclosed for the reason that disclosure will increase the risk of a specified
offense; and
(e) The signature of the applicant and of a representative of any office
designated under KRS 14.310 as a referring agency who assisted in the
preparation of the application, and the date on which the applicant signed
the application.
Applications shall be filed with the Office of the Secretary of State.
Upon the filing of a properly completed application, the Secretary of State shall
certify the applicant as a program participant if the applicant is not required to
register as a sex offender or is not otherwise prohibited from participating in the
program.
Applicants shall be certified for two (2) years following the date of filing unless
(5)
(6)
(7)
the certification is withdrawn or invalidated before that date. The Secretary of
State shall promulgate an administrative regulation to establish a renewal
procedure.
A person who falsely attests in an application that disclosure of the address of
the applicant would endanger the safety of the applicant or the safety of the
children of the applicant, or the minor or incompetent person on whose behalf
the application is made, or who knowingly provides false or incorrect
information upon making an application may be found guilty of a violation of
KRS 523.030.
The addresses of individuals applying for entrance into the crime victim
address confidentiality program and the addresses of those certified as
program participants shall be exempt from disclosure under the Kentucky Open
Records Act, KRS 61.870 to KRS 61.884.
A program participant shall notify the Office of the Secretary of State of a
change of address within seven (7) days of the change of address.
Effective:June 25, 2013
History: Created 2013 Ky. Acts ch. 87, sec. 3, effective June 25, 2013.
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