Could a Kentucky student living in another county vote by paper absentee ballot in 1994?

Plain-English summary

In 1994, Kentucky's Attorney General concluded that students living outside the county where they were registered to vote could cast a paper absentee ballot, even when they lived in another Kentucky county rather than outside the state. The opinion read the statute's reference to “students and other voters who live outside the state” as naming students separately, rather than limiting them to students living out of state.

The AG also pointed to the rule barring mailed paper absentee ballots for most voters who resided within their registration county. Reading the two provisions together, it said the student category applied when the student lived outside that county. The opinion quoted an application deadline, but its conclusion addressed student eligibility.

Currency note

This opinion was issued in 1994. 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.

Historical summary

Students attending school in another Kentucky county

The Secretary of State asked whether a student living in one Kentucky county while registered in another could receive a paper absentee ballot. The AG answered yes. It said the statute identified students as their own category, so “outside the state” did not confine the student category to people at out-of-state schools.

Voters living within their registration county

KRS 117.085(1), as described by the opinion, generally barred mailing a paper absentee ballot to a voter residing in the county of registration, subject to specified exceptions. The AG used that rule to locate the boundary of the student category: students living outside their registration county could vote by paper absentee ballot on this basis.

Legislative purpose

The opinion said the 1994 amendment sought to reduce voter fraud by restricting paper ballots but had not been intended to remove longstanding student absentee voting. It cited election-law principles favoring the voting rights of citizens in interpreting the disputed language.

Common questions

Did a Kentucky student have to live outside the state to use a paper absentee ballot?

The AG answered no. A student living in another Kentucky county also qualified under its reading of the 1994 statute.

Was a student living in the county of registration covered by this rule?

No. The opinion said the general restriction on mailing paper ballots to voters residing in their registration county meant the student category applied to students living outside that county.

Why did the AG read “students” separately from other out-of-state voters?

It reasoned that otherwise the statute would have had no need to name students as a distinct category. It also cited the legislature's history of recognizing students for absentee voting.

Background and statutory framework

Senate Bill 281 amended KRS 117.085 and narrowed paper absentee ballot eligibility. The AG focused on KRS 117.085(1)(a)(3)'s “students and other voters who live outside the state” language. It relied on statutory construction principles and cited Hallahan v. Mittlebeeler for student absentee voting history and Queenan v. Mims for liberal interpretation of voting statutes.

Citations and references

• KRS 117.085 and KRS 117.085(1)(a)(3): 1994 paper absentee ballot eligibility.
• Hallahan v. Mittlebeeler, Ky., 373 S.W.2d 726 (1962): earlier recognition of student absentee voting.
• Queenan v. Mims, Ky., 283 S.W.2d 380 (1955): liberal construction of election statutes.
• Senate Bill 281: 1994 amendment discussed by the opinion.

Source

• Landing page: https://www.ag.ky.gov/Resources/Opinions/Opinions/OAG94-059.htm

Original opinion text

OAG 94-59

September 1, 1994

Subject: Absentee voting by students

Written by: Ross T. Carter

Requested by: Bob Babbage, Secretary of State

Syllabus: Students who live outside the county in which they are registered are eligible to vote by paper absentee ballot

OAGs cited:

Statutes construed: KRS 117.085

OPINION OF THE ATTORNEY GENERAL

The following question has been presented:

Whether a student who lives in a Kentucky county and attends school in another Kentucky county is eligible to receive a paper absentee ballot.

KRS 117.085, as amended by Senate Bill 281, restricts the categories of voters who are eligible to vote by paper absentee ballot. Subsection (1) provides that except for certain disabled voters, voters with medical emergencies and those voters who are incarcerated in jail but have not yet been convicted, no paper absentee ballots may be mailed to a voter who resides within the county in which he is registered.

Additionally, subsection (1)(a) provides:

The following voters may apply to cast their votes by paper absentee ballot at any time not later than the close of business hours seven (7) days before the election:

1. Voters permitted to vote by paper absentee ballot pursuant to KRS 117.075 or KRS 117.077;

2. Residents of Kentucky who are members of the Armed Forces, dependents of members of the Armed Forces, and citizens residing overseas;

3. Students and other voters who live outside the state but who are still eligible to vote in this state; and

4. Persons who are incarcerated in jail who have been charged with a crime but have not been convicted of the crime.

The language of KRS 117.085(1)(a)(3) specifically identifies "students" as a category of voters eligible to receive paper absentee ballots. While the phrase "and other voters who live outside the state but who are still eligible to vote in this state" in subsection (1)(a)(3) might be viewed as limiting the category of students to only those students who live outside the state, we conclude that the statute specifically identifies "students" because "students" is a separate and distinct group of eligible absentee voters. If the term "students" only meant to describe a category of voters who live outside the state, there would be no need to separately identify the group. Additionally, since no paper ballots can be mailed to voters who live within the county in which they are registered, only students who live outside the county will be permitted to vote by paper absentee ballot. Accordingly, we conclude that KRS�117.085 permits students who live outside the county in which they are registered to vote by paper absentee ballot.

Our conclusion that KRS 117.085 allows students who live outside the county in which they are registered to vote by paper absentee ballot is consistent with the legislative intent. The cardinal rule of statutory construction is that the intention of the legislature should be ascertained and given effect. United Services Automobile Association v. State Farm Mutual Automobile Insurance Co., Ky.App., 784 S.W.2d 786 (1990). While SB 281, the "voter fraud bill," sought to reduce the incidence of voter fraud by restricting the categories of voters who are eligible to vote by paper absentee ballot, it was never the General Assembly's intent to restrict the absentee voting rights of students.

The Kentucky General Assembly has long recognized students as a class of voters who are eligible to vote by absentee ballot. See, e.g., Hallahan v. Mittlebeeler, Ky., 373 S.W.2d 726 (1962). We do not believe the 1994 General Assembly intended to restrict the longstanding practice of recognizing students as a separate class of voters who are eligible to vote by absentee ballot. It is a fundamental principle that election statutes should be construed liberally in favor of the citizens whose right to chose their public officers is challenged. Queenan v. Mims, Ky., 283 S.W.2d 380 (1955). Accordingly, it is our opinion that KRS 117.085 permits all students who live outside the county in which they are registered to vote by paper absentee ballot. We reach that conclusion based on the language of KRS 117.085 and the legislative history of SB 281.

CHRIS GORMAN

ATTORNEY GENERAL

Ross T. Carter

Assistant Attorney General