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 April 20 in which you raise the following questions:
"1. According to KRS 117.255 a disabled voter may designate a person of his choice to assist him in voting, if the election officers refuse to grant the disabled voter's request, what recourse does the voter have? To whom should he report it? What could be done if the election board continues to violate that section of the law?
"2. Does a candidate or his representative have the right to be present when the county board of elections examines the machines?
"3. Does a candidate have the right to listen (sit in) while the election officers are being instructed on the use of the voting machines?
"4. Must a voter live within the prescribed boundaries of the precinct where he votes? If so, and the voters do not, whose responsibility is it to see that the registrations are changed?
"5. In KRS 117.315 it states that the county executive committee may designate two (2) challengers to witness the holding of the election. Since my opponent is chairman of that committee, it would surely appear that he will pick two (2) favorable to him. If so, do I have any recourse? "
In response to your initial question, KRS 117.255 (2), which permits a disabled person to select someone of his own choice to assist him in voting, we find the provision that no voter shall be assisted unless the judges and the sheriff of election are satisfied of the facts stated in the oath, which such voter must execute in order to obtain assistance.
If a disabled voter is refused the assistance mentioned in KRS 117.255 (2), we believe that he must either refer the matter to the county board of elections that is in session on election day, pursuant to KRS 117.035 (4), to rule on questions concerning a voter's right to register and vote or take the matter direct to circuit court.
In response to your second question, we refer you to KRS 117.165 (1) and (3). Under this statute written notice, at least twenty-four (24) hours in advance of the county board's examination of the voting machines, must be given to all candidates and political parties of the time when the machines are to be examined. This statute further provides that any candidate and one (1) representative of each political party having candidates to be voted for at the election may be present when the examination of the machines is made by the county board. We would interpret this provision of the statute to permit a candidate to designate in writing a representative to be present in his place at the time the machines are examined.
In response to your third question, KRS 117.185 provides that not less than five (5) days before the day of any election, the county board of elections shall call together the precinct election officers for instructions in the use of the voting machines. We believe this called meeting to instruct the election officers would be open to the public as long as there was no attempt to interfere with the instruction process. In other words, an instructional meeting held pursuant to KRS 117.185 would appear to constitute a public meeting within the terms of the Open Meeting Law, KRS 61.805 to KRS 61.850. See particularly KRS 61.810.
In response to your fourth question, if a voter is registered in a precinct other than the one in which he legally resides, he would be subject to being purged following a challenge, either by the county board upon its own information or upon information furnished to it by any citizen pursuant to KRS 116.125. Every challenged voter must be notified pursuant to said statute so that he will have an opportunity to be present and defend his registration within the precinct. As you know, every voter must register in the precinct in which he legally resides. See
Everman v. Thomas, 303 Ky. 156, 178 S.W.2d 58 (1946).
In response to your fifth question, reference is made to KRS 117.315 (6) which provides that each political party is entitled to have not exceeding two (2) challengers at each precinct during the holding of a precinct election. However, any group of bona fide candidates of the same political party equal to twenty-five per cent (25%) of all the candidates for the party to be voted for in a county in the primary, may recommend to the county committee or governing authority of the party a list of who they desire to have appointed as challengers in each precinct of the county. One challenger is to be appointed from the list for each precinct.