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Friday, May 14, 2004

Ky. electioneering ban won't be in place Tuesday



The Associated Press

FRANKFORT - Secretary of State Trey Grayson said Thursday - in a memo to county election officials - that there will be no "electioneering" ban in place for Tuesday's election.

Grayson cited a January decision by the 6th U.S. Circuit Court of Appeals that declared Kentucky's prohibition of active campaigning within 500 feet of a polling place as unconstitutional. It was among seven of the state's election and campaign laws the court struck down as unconstitutional.

"Absent a local ordinance, electioneering may occur up to the door of the voting room," Grayson said in the memo.

The State Board of Elections last month decided it would ask the U.S. Supreme Court to consider the case.

In the meantime, the board asked the 6th Circuit to grant a stay.

Because there has not yet been a ruling, Grayson sent a letter to county election officials informing them not to try enforcing the electioneering ban.

Along with the memo, Grayson outlined a series of Kentucky election laws that are still on the books and were not affected by the court ruling.

For instance, vote buying and selling is still illegal, as is intimidating an election officer.

The election and campaign laws in question were too broad or violated free speech, the court ruled in response to a lawsuit by Hoby Anderson.

Anderson was a Republican write-in candidate for governor in 1999.




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