{"data":{"id":"us-ky/krs-116.116","jurisdiction":"us-ky","citation":"KRS 116.116","heading":"Agreements between State Board of Elections and federal government to","body":"identify registered voters who are deceased or are noncitizens -- Required\nprovisions -- Notice to identified individuals -- Procedure to verify citizenship -\n- Purge of nonciti zens from roster of qualified voters.  (Effective January 1,\n2028)\n(1) The State Board of Elections is authorized to enter into agreements with agencies of\nthe federal government to identify individuals who are deceased or who are not\ncitizens of the United States but are registered to vote in this state.\n(2) (a) Any agreement entered into in order to identify individuals who are not\ncitizens of the United States but are registered to vote in this state shall have\nits terms agreed to in a written memorandum  of understanding or similar\ndocument signed by individuals authorized to do so from the federal agency\nand the State Board of Elections.\n(b) The document agreed to shall contain, at a minimum, provisions guaranteeing\nthe following:\n1. The federal agency s hall be provided with a copy of the roster of all\nqualified registered voters within the state maintained by the State Board\nof Elections pursuant to KRS 117.025;\n2. The copy of the roster that is provided to the federal agency shall\ninclude only the name, date of birth, and last four (4) digits of the Social\nSecurity number, if available, of registered voters within the state;\n3. The copy of the roster that is provided to the federal agency shall not\ninclude any other information, including but not limited  to the\nresidential or mailing address, driver's license number, voting history, or\npolitical party affiliation of registered voters within the state; and\n4. The federal agency shall be prohibited from acquiring a copy of the\nroster under KRS 117.025(3)(i).\n(3) For all individuals who are identified as being a noncitizen through an agreement\nauthorized by this section, the State Board of Elections shall:\n(a) Mark the individual's registration in the roster of all qualified registered voters\nmaintained pursuant to KRS 117.025(3)(a) in such a way that indicates on the\nvoter registration system and any e -poll book that the individual has been\nidentified as a noncitizen; and\n(b) Mail the individual a notice stating that he or she has been identified by the\nfederal gov ernment as being a noncitizen who is registered to vote in the\nCommonwealth, and informing the individual of the steps he or she must take\nbefore he or she may cast a ballot again.\n(4) An individual identified as a noncitizen on the roster of qualified vot ers shall not\ncast a ballot until his or her United States citizenship is verified. To verify his or her\nUnited States citizenship, he or she shall present one (1) or more of the following at\nthe office of his or her county clerk:\n(a) A United States birth certificate that meets all the following requirements:\n1. Is issued by the city, county, or state of birth;\n2. Lists the applicant's full name, date of birth, and place of birth;\n3. Lists the applicant's parent or parents and their full names;\n4. Has the signature of the city, county, or state registrar;\n5. Has the date it was filed with the registrar's office; and\n6. Has the seal or stamp of the city, county, or state in which it was issued;\n(b) An undamaged United States passport that is or was valid for  ten (10) years\nfor adults or five (5) years for children under sixteen (16) and does not contain\na United States National endorsement;\n(c) A Consular Report of Birth Abroad or Certification of Birth;\n(d) A Certificate of Naturalization; or\n(e) A Certificate of Citizenship.\n(5) If an individual identified as a noncitizen on the roster of qualified voters presents\ndocumentation verifying his or her United States citizenship at his or her county\nclerk's office, the county clerk shall make a copy of the docume ntation presented\nand record the copy in the voter registration system. The county clerk shall then\nimmediately notify the State Board of Elections of the presented documentation and\nthe board shall remove the mark from the voter's registration that indicates he or she\nwas identified as a noncitizen on the roster of qualified voters.\n(6) If an individual identified as a noncitizen on the roster of qualified voters appears at\na voting location to vote, the election officer shall allow the voter to cast a\nprovisional ballot only after the voter has attested under penalty of perjury that he\nor she is a United States citizen on a form provided by the State Board of Elections.\n(7) An individual identified as a noncitizen on the roster of qualified voters shall be\npurged from the roster of qualified voters if the individual does not verify his or her\nUnited States citizenship before the day after the date of the second general election\nfor federal office that occurs after the individual was identified as a noncitiz en on\nthe roster of qualified voters.\n(8) The voter registration of all individuals who are identified as being a noncitizen\nthrough an agreement authorized by this section shall be forwarded by the State\nBoard of Elections to the Unit of Election Investig ations and Security within the\nOffice of the Attorney General. If the citizenship of an individual identified as a\nnoncitizen is later verified by the applicable federal agency or through the\nprocedures in this section, the State Board of Elections shall n otify the Unit of\nElection Investigations and Security within the Office of the Attorney General of\nthat fact.","path":["KRS Chapter 116"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58335","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:11Z","sha256":"4307f3fed6e1fcbc94d765b2fe27c932bff589fc5e8c03c30bfcc9b1bbd79973","source_id":"us-ky","stale":false,"prev":"us-ky/krs-116.115","next":"us-ky/krs-116.120"},"notice":"GroundRules: Original legal text. Not legal advice."}