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Election Reforms

Secretary of State Trey Grayson
Saturday, January 31, 2004
00:00 AM

Article describes the Office of the Secretary of State's response to the 6th Circuit Court of Appeals ruling that struck down Kentucky's election laws.

In 1988, the General Assembly passed a number of reforms aimed at reducing corruption and fraud in our elections.  Over the last decade, the legislature continued to refine and improve these laws.  By most accounts, these efforts helped to clean up our elections.

 

Despite this progress, however, corruption and fraud remain in some elections.  As long as this problem persists, it is imperative that we continue to strengthen our election laws.  Unfortunately, our Commonwealth currently faces a “speed bump” in our pursuit of honest and clean elections.

 

Earlier this month, the 6th Circuit of the U.S. Court of Appeals reversed some of the valuable progress that our Commonwealth has made.  Particularly alarming was the court’s decision to rule unconstitutional Kentucky’s ban on electioneering within 500 feet from the polling place. 

 

Many Kentuckians remember the days when voters arrived at the polls and were forced to trek through, the so-called “gauntlet” -- a maze of political activists passing out literature and urging a vote for their particular candidate.  It was not unusual to see ten to fifteen different candidates’ representatives advocating for their candidates.

 

More than an inconvenience, this electioneering intimidated voters and often kept them from voting.  It also provided corrupt politicians with a fertile environment for vote buying.  To prevent this voter intimidation and corruption, the General Assembly decided to ban all electioneering within 500 feet of polling places. 

 

To protect free speech it is necessary to provide citizens with free elections; both are challenged by the court’s ruling.  If we are unable to keep vote buyers and intimidators away from polling places, fraud will continue to tarnish Kentucky elections. 

 

Because the need for this law is so compelling, the State Board of Elections asked the entire 6th Circuit to hear this case.  Similar rulings indicate that Kentucky’s law should be held as constitutional.  In fact, the 5th Circuit upheld a 600 foot ban on electioneering in Louisiana.  Many legal scholars agree. 

 

In addition to this appeal, we are pursuing a stopgap measure to protect the right of all Kentuckians to a fair election this year.  We support House Bill 344, which will ban electioneering within 100 feet from the polls during this year’s elections.  This bill has passed the House and is pending in the Senate.  While I am confident that Kentucky’s current law will ultimately be upheld, it is important to have this measure in place in order to protect voters’ rights as our appeal is being pursued.

 

In conjunction with our efforts in the courtroom and the legislative chambers, the Board of Elections and the Secretary of State’s office will announce additional plans to modernize and protect the integrity of Kentucky’s elections.  I invite you to be a part of this process by sharing your concerns about Kentucky’s elections with your legislators or me.  With your help, Kentucky can become a national model for clean and honest elections.


 

Last Updated 4/21/2005
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