Request By:
Honorable James W. Lambert
Rockcastle County Attorney
Courthouse
Mt. Vernon, Kentucky 40456
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of January 13 in which you present the following facts and question:
"Our voting districts run with the county streets here in Mt. Vernon and the ones in question are contiguous.
"The courthouse is located in South Mt. Vernon and this precinct votes in the courthouse. We would like to move the voting machines from West Mt. Vernon and East Mt. Vernon likewise into the courthouse which would be a few feet out of each district.
"Our question is can we move these two voting machines in the courthouse without re-districting? Any help you can give in this matter will be greatly appreciated."
Our response to your question would be in the affirmative. Referring to KRS 117.055 (1), pertaining to the division of a county into precincts, we quote the following excerpt:
". . . The county board of elections shall have the authority to draw precinct lines so as to enable more than one precinct to vote at one location. . . ."
Thus, where the precinct lines coincide, as is the case with respect to Mt. Vernon which is adjacent to the courthouse, we believe that a single voting place may be established at the courthouse to permit the voters in both precincts in question to vote at the same place. This is the apparent intent of the 1976 amendment to KRS 117.055 quoted above.