Ky. Rev. Stat. » Chapter 117

Ky. Rev. Stat. § 117.235

Persons permitted in voting room -- Electioneering and prohibited

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activities -- Maintenance of order -- Mock elections for school children -- Display of political campaign signs on private property. (1) No person, other than the election officers, challengers, person assisting voters in accordance with KRS 117.255(3), and a minor child in the company of a voter, shall be permitted within the voting room while the vote is being polled, except as follows: (a) For the purpose of voting; (b) By authority of the election officers to keep order and enforce the law; (c) With the express approval of the county board of elections to repair or replace voting equipment that is malfunctioning, and to provide additional voting equipment; or (d) At the voter's discretion, a minor child in the company of a voter may accompany the voter into a voting booth or other private area provided for casting a vote. (2) No officer of election shall do any electioneering at any polling place during: (a) The times the polls are open on election day; or (b) Any of the days that in-person absentee voting is conducted. (3) (a) No person shall electioneer at any polling place that is being used as a voting location on the day of any election, as established in KRS 118.025, or on any of the days that in-person absentee voting is conducted at that location, or within a distance of one hundred (100) feet of any entrance to a building in which voting is conducted if that entrance is unlocked and is used by voters on any primary or election day or on any of the days that in-person absentee voting is conducted. (b) No person shall electioneer within the interior of a building or affix any electioneering materials to the exterior or interior of a building where the county clerk's office is located, or any building designated by the county board of elections and approved by the State Board of Elections for in-person absentee voting, during the hours in-person absentee voting is being conducted in the building. (c) No person shall electioneer within one hundred (100) feet of a mail-in absentee drop-box or drop-receptacle. (d) No person shall electioneer in any building where training for election officers is being conducted during the time of the training. (e) Electioneering shall include the displaying of signs, the distribution of campaign literature, cards, or handbills, the soliciting of signatures to any petition, or the solicitation of 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, but shall not include exit polling, bumper stickers affixed to a person's vehicle while parked within or passing through a distance of one hundred (100) feet of any entrance to a building in which voting is conducted, private property as provided in subsection (7) of this section, or other exceptions established by the State Board of Elections through the promulgation of administrative regulations under KRS Chapter 13A. (4) No voter shall be permitted to converse with others while in any room in which voting, including in-person absentee voting, is conducted concerning their support or nonsupport of any candidate, party, or issue to be voted on, except as provided in KRS 117.255. (5) Any precinct election officer, county clerk, deputy county clerk, or any law enforcement official may enforce the election laws and maintain law and order at the polls and within one hundred (100) feet of any entrance to the building in which voting is conducted if that entrance is unlocked and is used by voters. Assistance may be requested of any law enforcement officer. (6) Notwithstanding the provisions of subsection (1) of this section, the State Board of Elections may establish a program designed to instill in school children a respect for the democratic principles of voting by conducting in any county a mock election for school children in conjunction with any primary, regular, or special election. The State Board of Elections shall promulgate administrative regulations under KRS Chapter 13A regarding the mock elections to ensure that the regular voting process will not be impaired. (7) Notwithstanding the provisions of subsection (3) of this section, nothing in this section shall prohibit the displaying of political campaign signs on private property or private establishments by a person having a leased or ownership interest in that private property or private establishment within the campaign-free zone, regardless of the distance from the polling place. In the case of a polling location being on private property that is leased or otherwise under contract for the purpose of serving as a polling location, the provisions of subsection (3) of this section shall be applicable to that leased or contracted-for private property. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 74, sec. 3, effective June 29, 2023. -- Amended 2021 Ky. Acts ch. 197, sec. 29, effective June 29, 2021. -- Amended 2016 Ky. Acts ch. 62, sec. 4, effective July 15, 2016. -- Amended 2008 Ky. Acts ch. 79, sec. 3, effective July 15, 2008. -- Amended 2006 Ky. Acts ch. 107, sec. 3, effective March 30, 2006. -- Amended 2005 Ky. Acts ch. 176, sec. 1, effective March 31, 2005. -- Amended 1996 Ky. Acts ch. 49, sec. 1, effective March 12, 1996; and ch. 195, sec. 7, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 394, sec. 16, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 296, sec. 22, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 48, sec. 27, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 341, sec. 30, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 470, sec. 13, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 394, sec. 14, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 224, sec. 1, effective June 17, 1978; and ch. 318, sec. 4, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 130, sec. 37, effective June 21, 1974.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1997–2022 · leading case: Anderson v. Wilson
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Anderson v. Wilson (2005) kyed · cites it 2× “The Sixth Circuit agreed with Plaintiffs that the following statutes were unconstitutional: (1) KRS § 117.235 (prohibiting distribution of literature within 500 feet of polling places); (2) KRS § 121A.”
Ellis v. Meeks (1997) ky · cites it 16× “After the election, appellant learned that Meeks visited ten of the fifteen 1 precincts in the 11th Ward on election day and had en *214 gaged in numerous acts which allegedly violated both KRS 117.235 and KRS 121.055. Consequently, pursuant to KRS 120.”
McClendon v. Hodges (2008) ky “In his election contest, Hodges alleged that McClendon violated KRS 117.235(3) by conducting election activities within three hundred (300) feet of a polling place.”
Anderson v. Spear (2002) kyed · cites it 30× “Board of Election Defendants— Counts I and II Counts I and II of plaintiffs’ motion for summary judgment address KRS § 117.235. 4 Plaintiffs challenge this statute both facially and as applied.”
Meeks v. Ellis (1999) kyctapp “055, which restricts certain candidate expenditures designed to influence voters, and KRS 117.235(3), which prohibits electioneering at polling places.”
Russell v. Grimes (2014) kyed · cites it 16× “Plaintiffs bring a facial challenge, or in the alternative an as-applied challenge, to the constitutionality of the Commonwealth of Kentucky’s electioneering ban, Ky.Rev.Stat. § 117.235(3), alleging that it violates their First Amendment free speech rights.”
James Luersen, in His Official Capacity as Campbell County Clerk v. David Fischer (2022) kyctapp · cites it 3× “330 was then repealed in 1972, and later reenacted in 1974 as KRS 117.235. In 1978, KRS 117.235 was amended to include the electioneering definition.”
United States v. Larry Shepherd (2018) ca6 · cites it 2× “21 was based on Ky. Rev. Stat. § 117.235(1), which provides: “No person, other than the election officers, challengers, person assisting voters .”
Clark v. Kansas Secretary of State (2019) ksd “See Ky. Rev. Stat. Ann. § 117.235 (3)(c) (“Electioneering .”
Ellis v. Jasmin (1998) ky · cites it 2× “Specifically, Ellis alleged that Meeks had engaged in numerous acts in violation of KRS 117.235 and KRS 121.055. The trial court ruled in Meeks’ favor by dismissing the election contest.”
— Ky. Rev. Stat. § 117.235(1) — 2 cases
Ellis v. Meeks (1997) ky “After the election, appellant learned that Meeks visited ten of the fifteen 1 precincts in the 11th Ward on election day and had en *214 gaged in numerous acts which allegedly violated both KRS 117.235 and KRS 121.055. Consequently, pursuant to KRS 120.”
United States v. Larry Shepherd (2018) ca6 “21 was based on Ky. Rev. Stat. § 117.235(1), which provides: “No person, other than the election officers, challengers, person assisting voters .”
— Ky. Rev. Stat. § 117.235(1)(b) — 1 case
United States v. Larry Shepherd (2018) ca6 “21 was based on Ky. Rev. Stat. § 117.235(1), which provides: “No person, other than the election officers, challengers, person assisting voters .”
— Ky. Rev. Stat. § 117.235(3) — 5 cases
McClendon v. Hodges (2008) ky “In his election contest, Hodges alleged that McClendon violated KRS 117.235(3) by conducting election activities within three hundred (300) feet of a polling place.”
Meeks v. Ellis (1999) kyctapp “055, which restricts certain candidate expenditures designed to influence voters, and KRS 117.235(3), which prohibits electioneering at polling places.”
Russell v. Grimes (2014) kyed “Plaintiffs bring a facial challenge, or in the alternative an as-applied challenge, to the constitutionality of the Commonwealth of Kentucky’s electioneering ban, Ky.Rev.Stat. § 117.235(3), alleging that it violates their First Amendment free speech rights.”
Ellis v. Meeks (1997) ky “After the election, appellant learned that Meeks visited ten of the fifteen 1 precincts in the 11th Ward on election day and had en *214 gaged in numerous acts which allegedly violated both KRS 117.235 and KRS 121.055. Consequently, pursuant to KRS 120.”
Anderson v. Spear (2002) kyed “Board of Election Defendants— Counts I and II Counts I and II of plaintiffs’ motion for summary judgment address KRS § 117.235. 4 Plaintiffs challenge this statute both facially and as applied.”
— Ky. Rev. Stat. § 117.235(5) — 1 case
Ellis v. Meeks (1997) ky “After the election, appellant learned that Meeks visited ten of the fifteen 1 precincts in the 11th Ward on election day and had en *214 gaged in numerous acts which allegedly violated both KRS 117.235 and KRS 121.055. Consequently, pursuant to KRS 120.”
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