Request By:
Mr. Jack D. Novik
American Civil Liberties Union
132 West 43 Street
New York, New York 10036
Opinion
Opinion By: David L. Armstrong, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General
This is in response to your letter of June 5 in which you on behalf of your client, "Project Vote," a nonpartisan, nonprofit, tax-exempt organization seek to engage in voter registration activities in the public areas of food distribution and other facilities funded under the Community Services Block Grant Act (CSBGA). However, it is your understanding that certain CSBGA agencies will not permit voter registration activities because of the terms of a federal statute relating to public health and welfare, more specifically Title 42 U.S.C. § 9904(c)(6)(7).
It is your conclusion that the referred to federal act does not restrict or prohibit voter registration activities in connection with projects involving food distribution that are funded under the CSBGA, and you seek our opinion concerning whether or not the federal act does indeed prohibit such activity.
Before referring to the federal act in question you also relate that pursuant to 45 CFR § 96.50(e) and in accordance with a letter from the director of the Department of Health and Human Services in Washington, the federal government has declared that it will defer to the state's interpretation of the statute unless the interpretation is clearly erroneous.
Each state receiving allotments relating to community block grants must make an application and certification pursuant to Title 42 U.S.C, § 9904 that it will comply with certain requirements contained in the act. Under subsection (c)(7) the certification must state that the local agency will comply with the following:
"(7) prohibit any activities to provide voters and prospective voters with transportation to the polls or provide similar assistance in connection with an election or any voter registration activity; " (Emphasis added.)
The above provision of the federal act is composed of three separate activities that must be prohibited by the local agency. First, providing voters and prospective voters with transportation to the polls. Second, providing transportation assistance in connection with an election. Third, conducting any voter registration activity.
We believe that the above statute clearly prohibits any activity on the part of any private organization pertaining to the registration of voters at facilities funded by a block grant. Under the state law relating to the construction of statutes, particularly KRS 446.080, there are numerous cases declaring that clear and unambiguous language in the statute will be held to mean what it clearly expresses. Hawley Coal Co. v. Bruce, 252 Ky. 455, 67 S.W.2d 703 (1934). Also where the language of a statute is free from ambiguity the exact language must be followed. See Reeves v. F. & C Trust Co., 293 Ky. 544, 169 S.W.2d 621 (1942) and Adams v. Bohon, 176 Ky. 66, 195 S.W. 156 (1917).
Under the circumstances we are of the opinion that the provisions of Title 42, § 9904(c)(7) referred to above clearly prohibit voter registration activity at any facility or project funded under the CSBGA.
The federal cases to which you refer as involving 1st Amendment rights are not of record as indicated in our search for these cases throughout computer service, Lexis, and therefore, cannot be considered in arriving at the above conclusion.