Request By:
Mr. Jerry W. Summers
P.O. Box 140
Franklin, Kentucky 42134
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of February 5 in which you raise the following questions:
"1. Can a person who was registered as a Republican change his party to Democratic and still vote in the next primary election. Example: A Republican switches over to Democratic on Jan. 22. Can he still vote in the May 26 election as a Republican or a Democrat?
"2. Can a person who has been convicted of a felony run as a candidate?"
"3. One local man has been a Democrat for some time, but he filed as an Independent for the fall election. What rule would he fall under? Will he be able to vote in the May primary election, or will he have to wait until the November election? "
In response to your initial question, a person must be a registered member of the party in whose primary he seeks to cast his vote and must have been a registered member of that party at the last November election. See KRS 118.125 and KRS 116.055.
Under the circumstances, where a person registered Republican changes his registration to that of a Democrat subsequent to the last November election, he would be disqualified from voting in the primary either as a Republican or as a Democrat. He could, on the other hand, change back to his original registration [Republican] prior to the closing of the books before the coming primary and be qualified to vote in the Republican primary.
In response to your second question, § 150 of the Constitution prohibits any person who has been convicted of a felony from holding public office. However, his right to hold public office can be restored by an executive pardon issued by the governor as provided in this section of the Constitution.
In response to your third question, party affiliation is of no legal significance insofar as a person's right to file as an independent under the terms of KRS 118.315. See 25 Am.Jur.2d, Elections, § 168. Also the fact that a registered Democrat decides to run as an independent would not affect his right to vote in the Democratic primary as such, assuming he was so registered at the last November election and provided he remains registered through the primary. See KRS 118.125 and 116.055.