KDP Calls on KY State Board of Elections to Immediately Halt “Inactive List” Policy that Violates State Law
The Kentucky State Board of Elections Improperly Classified More than 150,000 Kentucky Voters as “Inactive” in Violation of State Law
KENTUCKY DEMOCRATIC PARTY
Frankfort, KY — On Monday, Ben Self, Chair of the Kentucky Democratic Party, sent a letter to the Kentucky State Board of Elections demanding the immediate reactivation of more than 150,000 registered Kentucky voters who were improperly placed on an “inactive list,” removed from the official voter registration statistics, and removed from the voter registration data provided to the Kentucky Democratic Party in violation of KRS 116.112(5).
The letter calls on SBE to “halt their ‘inactive list’ policy and immediately reactivate voter registrations in compliance with state law”, and for “SBE to provide an explanation to the public at their next meeting scheduled for Tuesday, September 17, 2019 at 10 am.”
If the State Board of Elections does not take the appropriate corrective action at their next meeting, the Kentucky Democratic party will begin exploring the legal options available for protecting the rights of Kentucky voters.
Letter to the Kentucky State Board of Elections included below. Letter including attachments can be provided upon request.
September 16, 2019
Ben Self
Chair, Kentucky Democratic Party
190 Democrat Dr.
Frankfort, KY 40601
Albert B. Chandler III
Sherry Whitehouse
George Russell
Deanna Brangers
Dwight Sears
Joshua Branscum
Katrina Fitzgerald
James Lewis
Alison Lundergan Grimes
Kentucky State Board of Elections
140 Walnut Street
Frankfort, KY 40601
Dear Members of the State Board of Elections:
I am writing to you today on behalf of the Kentucky Democratic Party (KDP) to demand that the Kentucky State Board of Elections (SBE) immediately reactivate the registrations of more than 150,000 Kentuckians who were improperly placed on an “inactive list” in violation of KRS 116.112 and removed from the official voter registration statistics and voter registration data provided to the KDP as required by KRS 117.025(3)(h) on form SBE-84(5/18).
SBE deactivated the voter registrations of more than 150,000 Kentuckians behind closed doors with no public notice. The improper maintenance of a list of “inactive voters” will deny registered Kentucky voters who are entitled to vote in the upcoming election the right to do so, and will cause immediate and irreparable harm to the KDP, candidates for office, and most importantly, the public.
The KDP became aware of the “inactive list” after requesting voter registration data in August 2019. Data was provided to KDP by the SBE in which registered Kentucky voters appeared to have been removed from the file when compared to the data provided by SBE to KDP in April 2019.
In April 2019 the KDP received voter registration data which contained 3,421,795 registered Kentucky voters. In August 2019, the KDP received voter registration data which contained 3,259,076 registered Kentucky voters for a difference of 162,719 registered voters.
After checking publicly available official voter registration statistics on the SBE website, KDP further discovered that registered Kentucky voters appear to have been removed from the official voter registration statistics in July.
According to registration statistics published on the SBE website, there were 3,426,395 registered Kentucky voters statewide in June 2019. The statewide total for registered Kentucky voters for the month of July 2019 was 3,259,282 for a difference of 167,113 registered voters.
On Friday, September 6, 2019 the KDP submitted an Open Records Request for “any voters marked ‘inactive’ in the current voter file.” On Tuesday, September 10, 2019 the KDP received from Jennifer S. Scutchfield (Jenni), Assistant Executive Director/General Counsel for SBE, a list of 165,709 voters who “must update their information within two federal election cycles (November 2022).” A copy of the letter is attached at Tab A. The SBE website indicates that SBE began mailing address verification notices to voters in June 2018.
According to KRS 116.112(5), registered Kentucky voters are not eligible to be placed on an “inactive list” until “after the date of the second general election for Federal office that occurs after the date of the notice.” The requirements for maintaining an inactive list are reaffirmed in at page 6, paragraph 25 of the Consent Judgment [copy attached at Tab B] from July 2018, which states (emphasis added):
“As part of its list maintenance program, the Kentucky State Board of Elections is required by state law to maintain an inactive list. State law provides that when the State Board of Elections sends the notices described in KRS § 116.112(3) to registrants identified as having moved to a new country or state, the registrants who do not respond to the notice and do not vote or appear to vote for two federal election cycles are maintained on an inactive list. KRS § 116.112(5)...”
Based on the information provided in the response from SBE, and information available on the SBE website, these voters cannot be placed on an “inactive list” at this time because two federal elections have not yet occurred subsequent to the mailing of the notice in which it would be possible for them to fail to vote.
The earliest date that state law would permit these voters to be moved to an “inactive list” pursuant to KRS 116.112(5) would be November 2022.
The creation and maintenance of a list of “inactive” voters, and removal of voters from official voter registration statistics, who have not yet met the two federal election threshold is a violation of KRS 116.112(5). Removal from, and failure to provide, accurate voter registration data requested via form SBE-84(5/18) is a violation of KRS 117.025(3)(h).
The KDP is therefore demanding that SBE halt their “inactive list” policy and immediately reactivate voter registrations in compliance with state law. The KDP is also calling on the SBE to provide an explanation to the public at their next meeting scheduled for Tuesday, September 17, 2019 at 10 am.
If the SBE does not address these concerns with the public and immediately reactivate these registrants, KDP will begin exploring legal options available for protecting the rights of Kentucky voters.
Respectfully,
Ben Self
Chair, Kentucky Democratic Party
Enclosures
CC: Jared Dearing and Jennifer Scutchfield