Request By:
Honorable David G. Mason
State Representative, 58th District
Route 1
Eminence, Kentucky 40019
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of October 1 in which you raise the following questions:
"(1) May any candidate for any public office challenge voters at the polls as to qualifications?
"(2) May any candidate for any public office designate someone at the polls to represent him in challenging voters?
"(3) As to challengers what must they do if anything to be recognized as a legal challenger?
"(4) May a voter take his infant child into the voting booth with him in a State or National election? "
In response to your first three questions, a person must be designated a challenger at the polls in order for such person to challenge a voter who presents himself to vote, that is, aside from the regular election officers who, of course, may challenge any voter at the polls. Such person must be appointed pursuant to KRS 117.315 in the manner prescribed therein, depending upon who he represents at the polls. If, for example, an independent candidate is involved, he may designate a single challenger in writing and the written appointment must be presented on demand to any election officer. It is, of course, possible under such circumstances for the independent candidate to serve as his own challenger in a given precinct. If the candidate is a party nominee, he is represented by challengers appointed by the county executive committee of the party. See subsection (1) of KRS 117.315. Under subsection (6) any group of bona fide candidates of the same party equal to 25% of all the candidates may select challengers as therein provided.
Our response to your fourth question would be in the negative. KRS 117.225, pertaining to the voting procedure, contains the following:
". . . The voter shall then retire alone to cast his vote on the voting machine. . . ." (Emphasis added.)
KRS 117.235(1) provides as follows:
"No person, other than the election officers and challengers, shall be permitted within the voting room while the vote is being polled, except for the purpose of voting or except by authority of the election officers to keep order and enforce the law."
The above statutes clearly indicate that only the voter may enter the voting booth to vote unless, of course, he or she is disabled and needs assistance pursuant to KRS 117.255.