Is Kentucky's 100-foot electioneering ban measured from the polling place door or from the end of the line of voters?

Plain-English summary

With COVID-19 driving long lines and fewer polling locations in 2020, Secretary of State Michael Adams asked the Attorney General a precise question: when the law bans electioneering within 100 feet of a polling place, is that 100 feet measured from the building's entrance, or from the last voter standing in line (which could stretch the protected zone much farther)?

The Attorney General concluded the 100 feet is measured from the entrance to the polling place. The answer came straight from the statute's text. KRS 117.235(3)(a) bans electioneering "within a distance of one hundred (100) feet of any entrance to a building in which a voting machine is located if that entrance is unlocked and is used by voters on election day." Because the statute is clear and ties the distance to the entrance, it must be applied as written, so the electioneering-free zone runs 100 feet from any qualifying entrance, not from the end of the line.

Currency note

This opinion was issued in 2020. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

The opinion turned entirely on statutory text. Citing Owen v. Univ. of Kentucky ("the first rule of statutory interpretation is that the text of the statute is supreme") and Hall v. Hospitality Res., Inc. ("if a statute is clear and unambiguous and expresses the legislature's intent, the statute must be applied as written"), the Attorney General read KRS 117.235(3)(a), which prohibits electioneering "at the polling place on the day of any election . . . within a distance of one hundred (100) feet of any entrance to a building in which a voting machine is located if that entrance is unlocked and is used by voters on election day." Because the statute measures the 100 feet from the entrance, that is where the line is drawn; it does not extend to wherever voters in line are standing. The opinion also quoted Meyer v. Nebraska that "a desirable end cannot be promoted by prohibited means."

Citations and references

Statutes:

• KRS 117.235 (incl. (3)(a))

Cases:

• Owen v. Univ. of Kentucky, 486 S.W.3d 266 (Ky. 2016); Meyer v. Nebraska, 262 U.S. 390 (1923); Hall v. Hospitality Res., Inc., 276 S.W.3d 775 (Ky. 2008)

Source

• Landing page: https://www.ag.ky.gov/Opinions/Pages/default.aspx
• Original PDF: https://www.ag.ky.gov/Resources/Opinions/Opinions/OAG%2020-16.pdf

Original opinion text

The full opinion as issued by the Office of the Kentucky Attorney General:

Commonwealth of Kentucky
Office of the Attorney General
Daniel Cameron, Attorney General
Capitol Building, Suite 118, 700 Capital Avenue, Frankfort, Kentucky 40601

October 28, 2020

OAG 20-16

Subject: Is the 100-foot electioneering ban contained in KRS 117.235(3)(a) measured from the entrance to the polling place or from the voters in line at a polling place?

Requested by: Secretary of State Michael G. Adams

Written by: Marc Manley; Charles A. English, Assistant Attorneys General

Syllabus: KRS 117.235(3)(a) prohibits electioneering within 100 feet of the entrance of a polling place.

Opinion of the Attorney General

Amid the current public health emergency caused by the novel coronavirus (COVID-19), and given recommendations on social distancing measures and reduced polling locations, voters may encounter long lines at their polling places. For that reason, Secretary of State Michael G. Adams asks whether the 100-foot electioneering ban contained in KRS 117.235(3)(a) is measured from the entrance to the polling place or from the voters in line at a polling place. Based on the statutory text, the Attorney General concludes that the 100-foot electioneering ban found in KRS 117.235(3)(a) is measured from the entrance to a polling place.

As the Supreme Court of Kentucky has noted, "the first rule of statutory interpretation is that the text of the statute is supreme." Owen v. Univ. of Kentucky, 486 S.W.3d 266, 270 (Ky. 2016). Here, KRS 117.235 explicitly prohibits electioneering "at the polling place on the day of any election . . . within a distance of one hundred (100) feet of any entrance to a building in which a voting machine is located if that entrance is unlocked and is used by voters on election day." KRS 117.235(3)(a) (emphasis added). Accordingly, the text of the statute controls. See Meyer v. Nebraska, 262 U.S. 390, 401 (1923) (stating that "a desirable end cannot be promoted by prohibited means"). "[I]f a statute is clear and unambiguous and expresses the legislature's intent, the statute must be applied as written." Hall v. Hospitality Res., Inc., 276 S.W.3d 775, 784 (Ky. 2008). Thus, on Election Day, electioneering is prohibited within 100 feet of any entrance to a polling place.

Daniel Cameron
ATTORNEY GENERAL

Marc Manley
Charles A. English
Assistant Attorneys General