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117.015 State Board of Elections -- Powers, duties, membership.
(1)
(2)
(3)
(4)
(5)
There shall be a State Board of Elections that is an independent agency of state
government, which shall administer the election laws of the state and supervise
registration and purgation of voters within the state. The board:
(a) May promulgate administrative regulations necessary to properly carry out its
duties;
(b) Shall promulgate administrative regulations establishing a procedure for
elections officials to follow when an election has been suspended or delayed
as described in KRS 39A.100; and
(c) Shall be prohibited from accepting any private monetary funds for election
administration unless accepted as a part of a valid contract for goods and
services.
The State Board of Elections shall consist of the following:
(a) The Secretary of State, who shall be:
1.
A nonvoting member, except in cases of casting a determinative vote, if
a vote taken by the board would otherwise result in a tie;
2.
The chief election official for the Commonwealth; and
3.
The chair of the board who shall preside at the meetings of the board;
(b) Two (2) voting members appointed by the Governor as provided in subsection
(5) of this section;
(c) Six (6) voting members appointed by the Governor as provided in subsection
(4) of this section; and
(d) An executive director appointed in accordance with KRS 117.025 who is a
nonvoting member.
The appointed members shall serve for a term of four (4) years or until their
successors are appointed. Members shall be at least twenty-five (25) years of age
and qualified voters of this state. No appointed member shall be a candidate for
public office or have been a candidate for public office for two (2) years prior to his
or her appointment, except as provided in subsection (2)(b) of this section. No
member of the board shall have been convicted of any election law offense.
Two (2) members shall be appointed by the Governor from a separate list of at least
five (5) names submitted by the state central executive committee of each of the two
(2) political parties that polled the largest vote in the last preceding election for state
officials. The list shall be submitted to the Governor by February 15 of 1992, and
the appointments of the Governor shall be made by April 1 of the same year. Two
(2) separate lists shall be submitted to the Governor by August 15 of 1990 and every
four (4) years thereafter, and two (2) appointments shall be made from these lists by
September 15 of each year in which the lists are received.
Two (2) members shall be appointed by the Governor from a separate list of at least
four (4) names submitted by the Kentucky County Clerk's Association of each of
the two (2) political parties that polled the largest vote in the last preceding regular
election for state officials. Each of the two (2) members appointed under this
(6)
(7)
(8)
subsection shall be former county clerks. The lists required under this subsection
shall be submitted to the Governor by July 15, 2019, and every four (4) years
thereafter. The appointments made by the Governor under this subsection shall be
made by August 15, 2019, and every four (4) years thereafter.
Vacancies shall be filled in the same manner as provided for original appointments,
and the person appointed to fill the vacancy shall be of the same political party as
his or her predecessor.
The board shall meet as often as necessary to carry out its duties and shall keep a
record of its acts, orders, findings, and proceedings. A majority of the board shall
constitute a quorum.
The members of the board shall be paid a reasonable sum to be fixed by the
secretary of the Personnel Cabinet, with the approval of the secretary of the Finance
and Administration Cabinet, and in addition, their expenses in attending board
meetings. The compensation shall be paid out of the State Treasury upon requisition
signed by the chair of the board and approved by the secretary of the Finance and
Administration Cabinet.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 23, sec. 4, effective July 14, 2022; and ch. 219,
sec. 6, effective July 14, 2022. -- Amended 2020 Ky. Acts ch. 88, sec. 3, effective
July 15, 2020. -- Amended 2019 Ky. Acts ch. 23, sec. 2, effective March 19, 2019. -Amended 2005 Ky. Acts ch. 91, sec. 2, effective June 20, 2005. -- Amended 1998
Ky. Acts ch. 154, sec. 74, effective July 15, 1998. -- Amended 1990 Ky. Acts ch.
293, sec. 1. effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 341, sec. 24,
effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 457, sec. 1, effective July 15,
1982. -- Created 1974 Ky. Acts ch. 130, sec. 18, effective June 21, 1974.
Legislative Research Commission Note (7/14/2022). This statute was amended by 2022
Ky. Acts chs. 23 and 219, which do not appear to be in conflict and have been
codified together.
Legislative Research Commission Note (7/14/2022). 2022 Ky. Acts ch. 23, sec. 6,
provided that that Act, which amended this statute, may be cited as the Stop Outside
Influence Over Elections Act of 2022.
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