VOTING INFORMATION

Information from the County Attorney's Office

By Steven J. Franzen, Campbell County Attorney

With the election of the president and several other offices coming up November 8th, it may be helpful to review some of the Kentucky laws concerning voting which have been passed over the years.

Before you can vote, you must be registered.  In order to vote in the November 8th general election, a person must be registered prior to the election.  Once you are registered, you can find out information about your precinct and see sample ballots online through the Secretary of State’s Voter Information Center at https://vrsws.sos.ky.gov/vic/.

If a voter has recently moved within his or her County, he or she should vote in the precinct of the new residence.  Voters in this situation should call the county clerk’s office to obtain the new voting place.  If a voter’s new address is outside their former precinct, the poll worker can direct them to the new voting location.  Those who have moved to another county and have not had the opportunity to transfer their voter registration must vote in their prior county of residence.  In these situations, when there is a discrepancy between the registered address and the actual address, the voters would be required to sign oath affidavits.  All affidavits are reviewed at a later date by the Commonwealth’s attorney for possible misrepresentations.

Once a registered voter is at their correct precinct, the voter will have to produce identification in order to vote.  Under Kentucky law, poll workers must turn away prospective voters who do not have identification unless the poll workers are personally acquainted with the voter.  Acceptable forms of identification include: (i) drivers’ license; (ii) identification card with photo and signature; (iii) original social security card; or (iv) a credit card.

As a Kentucky voter, you have several rights including:

  • Vote if you are a registered voter.

  • Ask questions on election procedures.

  • Review a sample ballot before voting.

  • Vote in privacy and free from coercion or intimidation.

  • Have non-discriminatory equal access to the elections system for all voters, including elderly, disabled, and minority, military and overseas citizens.

  • Vote if you are in line to vote by 6:00 p.m., prevailing time on Election Day.

  • Occupy the voting booth up to two minutes if others are waiting in line.

  • Have your ballot count if it is cast legally and timely.

  • Vote in an accessible voting place.

  • Receive assistance in voting if you are blind, have a physical disability, or have an inability to read English.

  • Request and have an immediate hearing before the county board of elections on election day if your eligibility to vote is questioned.

  • Skip races if your ballot has multiple issues. You are not required to vote in every race. Blank sections on your ballot will not affect any of the other votes you have cast.

Under state or federal law, it is a crime for a voter to willfully and knowingly: (i) impersonate another person in order to vote; (ii) vote under a false name; (iii) vote more than once in the same election; or (iv) influence a voter’s voting decision through the use of force, threat, menace, intimidation, bribery or reward.

Lastly, I would note that through the Secretary of State and County Clerks, you can request a Vote in Honor of a Veteran button as part of the Secretary of State’s Vote in Honor of a Veteran Program to show respect and appreciation to Kentucky’s 350,000 veterans.  For more information, please visit: http://www.sos.ky.gov/elections/Pages/Vote-in-Honor-of-a-Veteran.aspx

I hope this information is interesting and helpful.  If you have any topics you would like to have covered in this column, please contact my office by e-mail at campbellcoatty@gmail.com, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.

COMPULSORY SCHOOL ATTENDANCE

Information from the County Attorney's Office

By Steven J. Franzen, Campbell County Attorney

With the new school year well under way, I thought it may be helpful to discuss the issue of compulsory school attendance. 

Under Kentucky Law, every child between the age of six (6) and sixteen (16) is required to be enrolled and attend a public or private school unless their physical or mental condition prevents or renders inadvisable attendance at school or application to study.  An exemption is also granted to someone under sixteen (16) who has already graduated from high school.  However, a local board of education may adopt a district wide policy to change the age from sixteen (16) years old to eighteen (18) years old.

Typically, a child between the ages of sixteen (16) and eighteen (18) is permitted to drop out of school only with written permission from a parent or guardian and after a conference and counseling with school officials.  Any person over the age of eighteen (18) who has not completed high school can drop out without written permission of a parent or guardian. 

Under Kentucky Law, a parent, guardian or custodian of a child is legally responsible for any violation by the child of the Compulsory School Attendance Laws.  Under Kentucky Law, a parent, guardian or other custodian is required to see that their children comply with Kentucky’s Compulsory Attendance Laws and any parent, guardian or custodian who intentionally fails to comply with such laws can be fined up to $100.00 for a first offense, up to $250.00 for a second offense, and up to ninety (90) days in jail, and up to a $250.00 fine for a third offense.  We often have cases in the Campbell District Court where the children are charged with being habitual truants and the parents are charged with failing to make their children go to school.  Fortunately, our local District and Family Court Judges take these cases very seriously.  It is rare that a parent can come up with a good enough excuse to avoid fines or jail time for not making sure that their children attend school.

Under Kentucky Law, any child who has been absent from school without a valid excuse for three (3) or more days or tardy without a valid excuse for three (3) or more days is considered a truant.  Any child who has been reported as a truant two (2) or more times is considered a habitual truant. 

In the situation where a compulsory school attendance age has not been changed to eighteen (18) years old, a student age sixteen (16) or seventeen (17) who drops out of school or is declared to be academically deficient due to poor grades, then the school must notify the Kentucky Department of Transportation.  The Kentucky Transportation Cabinet then will notify the student that his license to drive a car has been revoked.  If a student re-enrolls in school, the student may apply to have his driver’s license reinstated at the end of the semester during which student re-enrolls.  The purpose of the license suspension provisions is to discourage kids from dropping out of school.  Many students do not drop out of school because of the fear of losing their license or decide to re-enroll in school and/or attend school regularly in order to get their license back after a suspension.

I hope this information is interesting and helpful.  If you have any topics you would like to have covered in this column, please contact my office by e-mail at campbellcoatty@gmail.com, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.