Request By:
Mr. Carl Price
Box 61-B
Varney, Kentucky 41571
Opinion
Opinion By: Steven L. Beshear, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General
Representative Carl D. Perkins has asked this office to respond to the following question raised by you:
"I am writing you about voting. I am Carl Kenneth Price. I am blind. My wife helps me vote. They want my wife to swear that she will vote me the way I want to vote. We don't believe in swearing. The Bible says to swear not at all. Is there any way my wife can help me to vote without swearing? "
Our response to your question would be in the affirmative. Under the terms of KRS 117.055 governing assistance to physically disabled voters which includes, of course, blind voters, such voter must execute the oath as well as the person he desires to assist him. However, both the voter and the person assisting him may execute the oath by affirmation rather than by swearing. The law permits an individual who conscientiously objects to taking an oath, to affirm that the statement he or she is making is true. For example, the Kentucky Constitutional oath found under Section 228 required of all officers contains the following provisions which we quote in part, "I do solemnly swear (or affirm) that I will support the Constitution . . ."
Under the circumstances, you and your wife may execute the oath by affirmation rather than by swearing and proceed to vote in accordance with the terms of KRS 117.055.