Request By:
Honorable David A. Schneider
Attorney at Law
Covington Trust Building
Covington, Kentucky 41011
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of August 2 in which you initially seek advice concerning the wording of a question to be presented to the voters of Kenton and Campbell Counties pertaining to the levying of occupational license fees pursuant to KRS 68.190, presumably to be used for the continued operation of the Transit Authority. You relate the following facts:
". . . It should be noted that KRS 68.197 makes no mention whatever of transit, and simply states that the fiscal court may levy the license fees 'for revenue purposes, except those of the common schools.' However, both fiscal courts by ordinance directed the funds to be used for the continued operation of the public transit system. Therefore, it is felt that to properly inform the voters, the question on the ballot should make some reference to funds being used to continue the transit system, rather than simply submiting the question of the license fee to the voters. In addition, the news media and public in general have made frequent reference to the TANK tax to be on the ballot in November. . . ."
The general rule is that where the statute fails to prescribe the form in which the question shall be submitted, it is sufficient to identify the subject matter and show its purpose.
Referring to 26 Am.Jur., 2d, Elections, § 221, we quote the following:
". . . Where the statute does not prescribe the form in which the question shall be submitted, the ballot should contain a description of the proposition submitted in such language as to constitute a fair portrayal of the chief features of the proposed law, or amendment, in words of plain meaning, so that it can be understood by persons entitled to vote. . . . It is sufficient if enough is printed to identify the matter and show its character and purpose.
". . . Moreover, an official ballot will not be vitiated by the incorporation of information beyond that required by statute. Where such additional information is incorporated in the ballot, the test is whether it would tend to confuse or misinform a voter so as to affect his free choice. Thus, the inclusion of extrinsic or extraneous matter upon the ballot, regarding the nature or effect of the proposal submitted, does not vitiate the election, where the matter included was not so objectionable as to mislead the voters, or is not shown to have done so."
As we indicated in our phone conversation, we cannot take the responsibility of wording the public question for you. We agree however that in view of the fact that KRS 68.197 does not give any indication as to the wording of the question, it would be proper, in view of the rules cited above in Am.Jur., to state that the use of the tax will be for the continued operation of the transit system. However, by limiting the use of the revenue in this manner, you forego its use for other purposes. As a consequence, if there is any possibility in this area of the future application of at least part of the revenue for other governmental purposes, the question should simply be framed to indicate [as the statute does] that the fees shall be used for general revenue purposes, except those of the common schools, as KRS 68.197 provides, or the question could be so framed as to indicate a multiple purpose, such as for general revenue, but including the public transit system, so that the voters will not be misled on this point.
Also, in connection with the proposed election, you raise the following question concerning voter registration:
"On a related item, the election has generated interest concerning voter registration. Voluntary interested groups under KRS 116.045 would like to distribute voter registration forms, to non-registered voters including bus passengers. Since the majority of TANK passengers board busses in the Dixie Terminal Building in Cincinnati, the question has arisen whether the forms may validly be distributed to Kenton and Campbell County residents while they are physically outside of their respective county limits."
The distribution and use of voter registration forms are controlled as you have indicated by KRS 116.045. Subsection (6) of this statute authorizes individuals or groups to have access to a reasonable number of voter registration forms by providing the following:
"(6) Any individual or group shall have access to a reasonable number of voter registration forms in the county clerk's office. Such individual or group shall return these completed forms to the county clerk for official registration by the county clerk. "
We find nothing under KRS 116.045 governing or restricting the manner of distributing the blank registration forms after they have been obtained from the clerk's office pursuant to subsection (6). The method of registration, on the other hand, outside of the clerk's office or branch offices, must be approved by the state board as provided in subsection (4)(c).
As a consequence, there is no restriction on the distribution of the blank forms themselves to interested individuals and, therefore, we find no legal objection to such forms being distributed to residents of Kenton and Campbell Counties while they are physically outside of the county limits as would be the case in those instances when they are TANK passengers in the terminal in Cincinnati, Ohio.