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Nearly 289,000 registered voters in Kentucky will cast ballots without a state law to protect them from campaign-worker harassment and electioneering, according to the secretary of state's office.

 

It will be Kentucky's first general election since 1988 without a statewide electioneering law.

 

The 6th U.S. Circuit Court of Appeals ruled in January that the state law banning candidates and campaign volunteers from within 500 feet of the polls violated free speech rights.

 

The U.S. Supreme Court yesterday declined to intervene in the ruling.

 

In the absence of a statewide ban, Attorney General Greg Stumbo said his investigators would focus today on illegal activity that historically has been linked to electioneering – vote buying, voter intimidation and improper assistance of voters in a booth.

 

Stumbo said he and his investigators will randomly inspect polls across the state for possible fraud.

 

"We will prosecute any election violation to the utmost extent of the law," Stumbo said. "We have to make sure that we have fair and clean elections."

 

Of the state's 120 counties, 101 recently adopted local laws or made arrangements to prevent political operatives from crowding polling places.

 

Seventy-two counties established a 300-foot buffer zone in which electioneering is banned, with most of the rest adopting laws opting for 200-foot or 100-foot buffers. One county included an electioneering ban in its leases for the properties it uses as polling places on Election Day.

 

In counties without local bans, campaign workers can stand at the doors of the polling places to hand out literature, hold signs or try to talk to voters. They still are barred from going inside.

 

County clerks, precinct officers and local law enforcement officials are empowered to "maintain order" within 500 feet of polling places, Grayson said in a recent memo to local election officials. Other state laws make it illegal to disobey a lawful command from an election officer or to interfere with a voter or election official, the memo says.

 

The Kentucky County Clerks Association asked all counties to adopt a "model" local ordinance that created a 300-foot buffer zone. Officials said that ordinance is not court tested, but they believe it satisfies the court's concerns.

 

Those counties without local bans include 288,861 registered voters, or 10.3 percent of the state's 2.8 million registered voters, according to Secretary of State Trey Grayson's office.

 

"I'm confident we'll be able to get through," Grayson said. "My hope is the voters won't notice anything on Election Day. It'll be like a normal day."

 

No law in force

 

Warren County Clerk Dot Owens said she asked her local government to adopt the model ordinance, but it refused to do so, arguing that state lawmakers should pass a uniform statewide law.

 

With "pretty passionate" people involved in campaigns — including the presidential race and Bowling Green's mayoral contest — Owens said the sheriff is "on alert" and will patrol precincts.

 

Poll workers have been advised to report any problems immediately, she said. The local board of elections may be able to issue an emergency order asking any disruptive people or groups to cease and desist, Owens said. But she said it's unclear whether the board has such authority.

 

"I have made every precaution to have it orderly," Owens said. "I've got my fingers crossed that we won't have any problems."

 

Warren County Attorney Amy Milliken said the legislature should be responsible for adopting a new statewide law to ensure uniformity.

 

"We would abide by anything that they set forth," Milliken said.

 

Lawmakers fail to pass bill

 

Earlier this year, the House and Senate passed slightly different versions of a bill to ban electioneering within 100 feet of polling places statewide but failed to agree on a version before the session ended in April.

 

House Speaker Jody Richards said he would refile a bill next year.

 

The Jefferson County Metro Council passed a law a few weeks ago creating a 200-foot buffer.

 

Jefferson County Clerk Bobbie Holsclaw said voters usually have picked candidates by the time they reach the polls.

 

"They're ready to do the casting of their ballots, and I don't think they want to be harassed with anything else," Holsclaw said.

 

Hot races, no bans

 

In Northern Kentucky, the hotly contested race for the open 4th Congressional District seat is unfolding in three counties that don't have electioneering bans — Gallatin, Grant and Nicholas counties.

 

Democratic candidate Nick Clooney said through a spokesman that the campaign may place workers closer to the polls than the former 500-foot limit, but that they would behave.

 

"We're not going to take advantage of the fact that the law is in flux and cross the bounds of decency with it," said Clooney campaign manager B.J. Neidhardt.

 

Republican Geoff Davis said through a spokesman that he does not want to "violate the spirit" of the 500-foot law. The campaign plans to place sign-toting workers at high-traffic intersections instead of polls.

 

"If we don't have their vote by the time they get to the door of the polling place, then it's probably too late anyway," said Davis campaign manager Justin Brasell.

 

Grant County Clerk Judith Fortner said she is concerned about the lack of a law, since she said there's not much she can do if campaign workers start crowding the polls.

 

"It might turn people off as far as voting," Fortner said.

 

Novel strategy

 

A different approach is under way in Western Kentucky's Daviess County, which includes Owensboro.

 

Local officials there have leases with the owners of properties where polls are located, said Daviess County Clerk Mike Libs. Written into the leases is a ban on electioneering anywhere on the property, he said.

 

With people "very excited" about the presidential race and the constitutional amendment to ban gay marriages, Libs said he felt it was important to offer protections.

 

"We're just trying to keep our voters from being harassed," Libs said.

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