Kentucky has taken steps to prohibit electioneering on public property within 100 feet of polling places for the May 19 primary election. The State Board of Elections approved the emergency administrative regulation authorized by Gov. Steve Beshear at a meeting Tuesday. The regulation comes in the wake of an April 28 ruling by the 6th Circuit U.S. Court of Appeals that a Kentucky law prohibiting electioneering within 300 feet of a polling place was unconstitutional.
The court said a 300-foot ban is too broad. The U.S. Supreme Court previously had upheld a 100-foot ban. But without Tuesday’s action by the Board of Elections, Kentucky would have had no ban in place for the upcoming primary.
Secretary of State Alison Lundergan Grimes, the state’s chief election official, said the regulation took effect immediately and does not apply to private property.