Request By:
Honorable Ralph E. McClanahan
Estill County Judge/Executive
Estill County Courthouse
Irvine, Kentucky 40336
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 30 in which you raise the following questions:
"(1) Is it mandatory for the County Board of Elections to review the boundaries of a precinct exceeding 700 voters.
"(2) Can the County Board of Elections give permission to exceed 700 voters in a registered precinct and still be within the law."
The answer to both questions would be in the affirmative. The county board of elections has the exclusive authority to alter voting precincts to comply with the requirements of KRS 117.055 as amended in 1976. This amendment incidently eliminates the mandatory requirement that precincts not exceed 700 registered voters, however, the board is still required to review the boundaries of all election precincts exceeding 700 registered voters prior to each primary election. The statute now simply provides that the county board is not prohibited from dividing election precincts in excess of 700 registered voters or less than 700 registered voters if it elects to do so. There is still the 55-day deadline for making any precinct changes prior to any primary or general election.