(A) Electioneering generally; purpose. To fulfill the government’s obligation to protect the voter and the integrity of the election process from actual or attempted fraud; from obstruction; from intimidation, real or inferred; from attempted or actual vote-buying; from invasion of privacy; from harassment, real, threatened, or implied; from hindrance or delay; and all done under the disguise of electioneering, an electioneering-free zone is established within 300 feet of the entrance to any building containing a polling place on any election day.
(1) No person shall, on the day of any election as established in KRS 118.025, do any electioneering at the polling place or within a distance of 300 feet of the main entrance of a building used by voters in which a voting machine is located on election day. No person shall, on the day of any election as established in KRS 118.025, intentionally invade the right of privacy of any person on his or her way to vote or cause the interference, harassment, or alarm to any person on his or her way to vote. No person shall loiter or congregate or hinder or delay a voter, or solicit or attempt to influence any voter in casting his or her vote within this 300-foot campaign-free zone.
(2) Electioneering shall including the following:
(a) Displaying of signs;
(b) The distribution of campaign literature, cards, or handbills;
(c) The soliciting of signatures to any petition; or
(d) The solicitation of votes for or against any political party, candidate, or question on the ballot in any manner.
(3) Nothing contained in this section shall prohibit electioneering conducted within the interior of a private residence or business establishment by persons having a leased or ownership interest in such property, within the campaign-free zone; provided, that all electioneering activities are confined to the interior of the buildings and cannot be heard or observed by any voters going to the polling place.
(4) Nothing in this section shall prohibit the displaying of political 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; provided, that the sign is not accompanied by a person and does not emit any sound and is not audiovisual or mechanical and is no larger than four-square feet in size.
(B) Enforcement. Any Precinct Election Officer, County Clerk, Deputy County Clerk, or any law enforcement official may enforce this section at the polls within 300 feet of the main entrance to the building used by voters in which the voting machine is located. Assistance may be requested of any law enforcement officer.
(C) Non-public forums. Any property used for a polling location on election day shall not be considered a public place in any manner for public discourse. The grounds, buildings, sidewalks, and parking lots at all polling locations are designated non-public forums for the election day.
(D) Effective date. This section shall become effective upon its passage.
(Ord. 410, passed 5-14-2004) Penalty, see § 30.99