Request By:
Honorable T. M. Davis
Morgan County Attorney
Box 2
West Liberty, Kentucky 41472
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of March 11 in which you cite KRS 116.045 and 116.055 dealing with voter registration as possibly being in conflict with each other. You request an opinion as to the precise times that a voter may change party affiliation without being disfranchised in the primary or general election.
To begin with we do not believe that a conflict exists between the two statutes. KRS 116.045 provides that any person may register as a voter during the period that the registration books are open if he possesses or will possess on the day of the next regular election the qualifications possess on the day of the next set forth in KRS 116.025 relating to one's eligibility to vote under the constitution and statutes. KRS 116.055, on the other hand, governs voting in a primary election which is not an election under the Kentucky Constitution but is merely a nominating procedure for the major parties qualifying as such under KRS 118.015.
Party affiliation is of no consequence in the November election. It is only of material importance where a person desires to participate in the May primary either as a voter or as a candidate for party nomination. It is true, of course, that a person may change his registration at any time during the period that the books are open before and after either the primary or general election, but in order for him to qualify to vote in a primary election, KRS 116.055 requires the voter to be affiliated with the party whose primary he seeks to participate in, at the November election, and he must stay so affiliated through the following primary. At the same time in order for a person to qualify for party nomination in a primary under the terms of KRS 118.125, he must be a qualifying voter under the terms of KRS 116.055.
Thus, if a person changes his party affiliation subsequent to the previous November election he would not be qualified to vote or run for nomination in the party primary. In order words, he has the right to change his registration at any time the books are open but if he wants to participate in the party primary, he cannot change it following the November election. However, such a change in party affiliation in no way affects his right to vote in November, or his right to run as an independent candidate for any office in November. See miscellaneous letter directed to James Hite Hays, dated March 16, 1981, copy enclosed.
Kentucky has what is known as a "closed" primary which is, of course, legal and simply means that persons affiliated with one party cannot switch over before the primary and vote in the other party's primary which could obviously influence that party's nominations.
In response to your last question concerning the time that a person may file as an independent to run as such for county office, reference is made to KRS 118.365 (3). This statute requires all independent candidates for offices other than a city or school board office to file their petition not later than 55 days before the May primary, which would be April 1, the same deadline that party candidates must file though of course the independent candidates are not placed on the ballot until November.
We trust the above sufficiently answers your questions.