Request By:
Mr. Ray L. Slone
Boyd County Clerk
P.O. Box 523
Catlettsburg, Kentucky 41129
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of February 6 relating that you recently received an inquiry from a man who would like to register to vote in the coming May primary, however, he is now a resident of Bermuda and has no relatives in Boyd County. Your question is as follows:
"Even though, he is a U.S. Citizen, does he have the right to vote in Boyd County when he does not have a Boyd County address to establish a precinct?"
Under the Federal Voter Rights of Overseas Citizens Act, U.S.C.A. 42, § 1973dd to 1973dd-5, each citizen of the United States residing outside of the states shall have the right to register in absentee and vote by absentee in any Federal election in the state in which he was last domiciled immediately prior to his departure from the United States, and in which he could have met all qualifications to vote in Federal elections under any present law, even while residing outside of the United States he does not have a place of abode or other address in said state, and his intent to return to said state may be uncertain, if:
"(1) he has complied with all applicable State or district qualifications and requirements, which are consistent with this subchapter, concerning absentee registration for, and voting by, absentee ballots;
"(2) he does not maintain a domicile, is not registered to vote, and is not voting in any other State or election district of a State or territory or in any territory or possession of the United States; and
"(3) he has a valid passport or card of identity and registration issued under the authority of the Secretary of State or, in lieu thereof, an alternative form of identification consistent with this subchapter and applicable State or district requirements, if a citizen does not possess a valid passport or card of identity and registration. "
The term "Federal election" means any general, special or primary election held solely or in part for the purpose of selecting, nominating or electing any candidate for the office of president, vice-president, presidential elector, and members of the United States Senate or House of Representatives.
If the person in question is able to qualify under the terms mentioned above, which would include the fact that he was last domiciled in Kentucky before leaving the United States, does not maintain a place of residence in another state and has not registered and voted in said state, he should be given the opportunity to register and vote in the coming primary and general election for federal officers [including the presidential primary] even though he has no address in Boyd County. He would, of course, have to register as a democrat or republican to vote in either primary. There are a few additional qualifications which we did not stress listed above, however, we are enclosing a form that may be utilized by the local county board which was prepared by the state board of elections.
We hope the above answers your question.