Navigating Election Law

In a time when talks of election security and election laws are ever-growing, have you stopped to think about the laws that govern elections from start to finish? The term “election law” is a broad concept encompassing many different areas of the law and parts of the election process. At EMWN Law, there are several ways in which our attorneys assist in ensuring safe and secure elections throughout the Commonwealth. 

Lexington KY lawyers at EMWN represent candidates and political parties, regulate campaign finance compliance along with ballot access and challenges, encourage government ethics and open meetings, and handle election litigation. Read more to learn about the effect of election laws around Kentucky. 

Kentucky Election Laws and Election Security

American elections are looked up to and modeled around the world for their fairness, integrity, and freedom. There are 167 countries in the world that claim to be democracies, but over half of these governments have been analyzed to function as less than a democracy and more similar to an autocracy or regime system, often creating instability in their government systems and elections. 

The United States is very unique in our system of checks and balances, which ensures no branch of government ever becomes too powerful. While every state is always working to improve their voting process and security and no process is 100% perfect, state and federal officials work very closely to ensure voting rolls are as accurate as possible and safeguarded. Congress enacted the Help America Vote Act in 2002 to improve voter systems and access. 

Since 2020, HAVA has distributed over $100 million to the states to improve election administration and security. Kentucky has very secure voter ID and ballot integrity laws with very few to no instances of voter fraud in the past 40 years. Lexington KY lawyers who work in election law must stay informed about these evolving state and federal requirements and how they affect candidates, political parties, and voters.

Voter Privacy and Election Records in Kentucky

Recently, a federal judge dismissed a case brought by the United States Department of Justice against Kentucky’s Secretary of State, Michael Adams, in the United States District Court for the Eastern District of Kentucky, ruling that unredacted Kentucky voter records are not subject to disclosure to the federal government under HAVA. 

The DOJ had demanded full disclosure of Kentucky’s entire voter registration database that contained the personal data ofKentucky voters, but Secretary Adams refused to hand over the data, citing federal and state laws that prohibited confidentiality rules for voters protecting their full names, date of birth, addresses, driver’s license numbers, and partial social security numbers. The DOJ sued, claiming they were authorized to demand this information by federal statutes such as HAVA, the National Voter Registration Act, and the Civil Rights Act. 

The court disagreed, noting that the United States’s demand letters fail to state a basis or purpose for obtaining the protected information. This decision highlighted the importance of election transparency and voter privacy existing together, as the protection of voters’ sensitive personal information is emphasized by both federal and state laws. 

The Lexington KY lawyers at EMWN stay up to date on campaign finance compliance requirements and what that means for the future of elections.

Campaign Finance Compliance in Kentucky

In America, elections are regulated by the Federal Election Commission (FEC), an independent agency established by the Federal Election Campaign Act of 1971, that oversees elections and enforces federal campaign finance laws. The FEC enforces restrictions on campaign contributions, investigates violations of federal election laws, administers campaign finance disclosures, and audits campaigns for compliance with federal laws to ensure the fairness of federal elections. 

The FEC spends a large amount of its resources in overseeing public funding for presidential elections specifically. Recently, the United States Supreme Court authored a landmark ruling in Republican National Senatorial Committee v. Federal Election Commission  that struck down a law limiting how much money political parties and their committees can spend in coordination with election candidates. 

Previously, there was a limit by the FEC on how much parties could spend in coordination with candidates in order to ensure that there was no corruption via circumvention, involving contributions in exchange for specific political action. Campaign finance laws under FECA kept political parties at a distance from the influence of wealthy special interest donors. 

This recent decision means that political parties now have the freedom to spend an unlimited amount of funds on the campaigns of candidates that they endorse or support. The majority reasoned that there are other measures in place to make sure corruption does not occur, such as contribution base limits and federal disclosure laws. 

Moreover, the Court noted that the states do not have coordinated expenditure limits in their elections but have had no evidence of corruption via circumvention. Parties and their candidates are often one in the same and they do share the same interests by design, so allowing the coordination can help the party to operate in a smoother way. 

Now instead of forcing donors to donate through third-party means other than political parties, such as Super PACs or unaccounted for spending groups, (when their money was ultimately going to the same place) donors may cut down a step and send their money straight to the party for a candidate! The Federal Election Commission has found that a party’s national committee, House campaign committee, and Senate campaign committee are all considered party national committees. 

How NRSC v. FEC Affects Kentucky Elections

As other Lexington KY lawyers will tell you, the ruling in NRSC v. FEC will not change a ton in the state for campaign finances because it only applies to candidates for federal elections, such as for President or U.S. Congress. However, this means that candidates for these offices that are coordinated through the Republican National Committee or Democratic National Committee can now receive unlimited funds. This year in Kentucky, one seat for the U.S Senate along with six U.S. House of Representative seats are up for election. 

Due to the nature of the United States’s two party system and the close party breakdowns in both chambers, there is a strong likelihood that large contributions by the Republican and Democrat parties will be used to coordinate candidates campaigns in Kentucky. In fact, a Republican primary in Kentucky this May was the most expensive House primary in United States history, with over $37 million funneled into the race through campaigns and super PACs. Now, post-NRSC v. FEC, it is very possible that future money for election campaigns will be sent to candidates straight by the parties themselves, possibly lowering the need for some Super PACs and third-party support groups.

Although NRSC v. FEC may affect federal elections that occur in the states, state and local elections of officials have been and will continue to be a separate type of elections with different rules. In Kentucky, political parties have been historically allowed to make unlimited financial campaign contributions for state candidates. However, a new bill, HB 139, passed in April 2026 that will allow for greater donation limits for state candidates–individuals may now give up to $3,500 to Kentucky candidates and no more than $10,000 to political parties and their executive committees, compared to a previous $5,000 cap. These changes are especially important for Lexington KY lawyers who counsel candidates, campaigns, and political organizations on compliance with Kentucky’s campaign finance rules.

Talk to Lexington KY Lawyers About Election Law

At EMWN Law, attorney Eric Lycan serves as the general counsel to the Republican Party of Kentucky and has advised countless campaigns for candidates in Kentucky elections, several gubernatorial elections, and national legislative caucuses. Eric has multiple decades of experience in providing counsel to campaigns, parties, organizations, candidates, public officials, and individuals alike. 

Contact Eric for advising on government, election, policymaking, or campaign needs!