Request By:
Mr. Sterling Kenneth Lindon
Campton
Kentucky 41301
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of March 23 in which you seek an opinion concerning the following:
"I would like some clarification on the law pertaining to the assistance of physically disabled voters. The law reads in K.R.S. 117.255 and I quote: 'The disabled person applying to vote may, if he prefers, be assisted by a person of his own choice who is not an election officer. '
"Should the disabled voter request the assistance of a challenger who is present, could a challenger after being duly sworn assist the disabled voter in casting his vote when requested to do so by the disabled voter? "
Our response to your question would be in the affirmative. We initially refer you to KRS 117.255 (2) from which we quote as follows:
". . . The disabled person applying to vote may, if he prefers, be assisted by a person of his own choice who is not an election officer. The clerk shall swear the person accompanying the disabled or blind voter to operate the voting machine in accordance with the directions of the disabled or blind voter, and the disabled or blind voter and the person sworn shall then enter the voting booth and the one so sworn shall operate the machine for the disabled or blind voter as he directs. . . ."
The above statute clearly authorizes a disabled voter to select a person of his own choice other than the two judges of the election to assist him in voting. Precinct challengers are not election officers but are selected pursuant to KRS 117.315 by the various candidates or political parties to represent them at the polls, however, they would qualify for selection by the disabled voter to assist him in voting if he so chooses.