(A) 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 harassment, real, threatened or implied, from hindrance or delay all done under the disguise of electioneering, a electioneering free zone is established within 200 feet of the entrance to any building containing a polling place on any Election Day. 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 200 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 cause interference, harassment, or alarm to any person on his or her way to vote. No person shall hinder or delay a voter, or solicit, or attempt to influence any voter in casting his or her vote within this 200-foot campaign free zone. Electioneering shall include the displaying of signs, the distribution of campaign literature, cards, or handbills, the soliciting of signatures to any petition, or the solicitation of votes for or against any political party, candidate or questions on the ballot in any manner. 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. Nothing in this section shall prohibit the displaying of political signs on private property or a private establishment 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 engaging in electioneering within the 200-foot campaign free zone, and does not emit any sound and/or is not audio-visual or mechanical that engages in electioneering within the 200-foot campaign free zone and is no larger than four square feet in size.
(B) Any precinct election officer, county clerk, deputy county clerk, or any law enforcement official may enforce this section at the polls within 200 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) 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, building, sidewalks and parking lots at all polling locations are designated non-public forums for the Election Day.
(D) Violators of any provision of this section shall be guilty of a Class A Misdemeanor under the laws of the Commonwealth of Kentucky and shall be fined up to $500 and/or up to one year in the county jail per violation.
(Ord. 04-14, passed 10-28-04)