Jefferson County Board of Election Commissioners v. Russell

323 S.W.2d 864, 1959 Ky. LEXIS 347
CourtCourt of Appeals of Kentucky
DecidedApril 24, 1959
StatusPublished
Cited by2 cases

This text of 323 S.W.2d 864 (Jefferson County Board of Election Commissioners v. Russell) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jefferson County Board of Election Commissioners v. Russell, 323 S.W.2d 864, 1959 Ky. LEXIS 347 (Ky. Ct. App. 1959).

Opinion

CULLEN, Commissioner.

In a declaratory judgment proceeding, various questions were raised with respect to the construction of statutes governing primary elections. The judgment of the circuit court made these declarations:

“1. Any person who is otherwise qualified to vote pursuant to the provisions of Kentucky Revised Statutes 119.200 and who shall reach the age of eighteen years before the regular election to be held in November, 1959, in the State of Kentucky, shall be entitled to vote in the primary election to be held in the State of Kentucky on the 26th day of May, 1959.
“2. Any person so qualified to vote in said primary election pursuant to the terms of this judgment, and who is otherwise qualified pursuant to the terms of Chapter 116 of the Kentucky Revised Statutes shall be qualified for appointment as an election officer in said primary election to be held on the 26th day of May, 1959.
“3. Defendants, the County Board of Election Commissioners serving pursuant to the provisions of K.R.S. 116.040, shall deliver to Plaintiff, the Sheriff of Jefferson County, not less than 10 days prior to the day the primary election to be held on the 26th day of May, 1959, a list giving the names of all persons appointed by said Board to serve as election officers in said primary election.
“4. Defendants, the County Board of Election Commissioners, shall make available and open to inspection by intervening plaintiff or any other candidate in said primary election to be held on May 26, 1959, the list of primary election officers so appointed by said Board not later than noon on the seventh day preceding the day of the said primary election.”

All parties have joined in appealing from the judgment, and ask for a review of all four points covered by the judgment.

The first question involves a construction of KRS 119.200(1), which reads as follows:

“Before a person shall be qualified to vote in a primary election, he must possess all the qualifications required of voters in a regular election. In addi[866]*866tion, he must be a registered member of the party whose ballot he seeks to vote, and must have been registered as a member of that party at the time of the preceding regular election, or, in the case of new registrations not involving a change of political affiliation made after the preceding regular election, have registered and remained registered as a member of that party. No person shall be allowed to vote any ballot other than that of the party of which he is a registered member. The qualifications shall be determined as of the date of the primary, without regard to the qualifications or disqualifications as they may exist at the succeeding regular election, except that minors who will become twenty-one years of age before the regular election shall be entitled to vote in the primary if otherwise qualified.”

The troublesome language is that contained in the last phrase of the statute: “except that minors who will become twenty-one years of age before the regular election shall be entitled to vote in the primary if otherwise qualified.”

At the time this language was placed in the statute (1914), the minimum age required of voters in a regular election, by Section 145 of the Kentucky Constitution, was 21. In 1955, the constitutional provision was amended to reduce the minimum age to 18. However, since primary elections are not “elections” within the meaning of Section 145 of the Constitution, the voting age of voters in primaries is controlled solely by statute, and not by the Constitution. Black v. Spillman, 185 Ky. 201, 215 S.W. 28. The question then is, what are the age requirements fixed by KRS 119.200(1) for primaries?

The first sentence of KRS 119.200 (1) adopts by general reference, for primary voters, such qualifications as are required of voters in a regular election. Since this is a case of adoption of other law by a general, rather than specific, reference, the rule is that the adoption by reference extends to future changes in or amendments of the adopted law. Riddell’s Adm’r v. Berry, Ky., 298 S.W.2d 1. Accordingly, when the law governing the age of voters in regular elections was changed to reduce the age to 18, there was a corresponding, automatic change, by virtue of the adoptive provisions of KRS 119.200(1), in the age for voters in primaries. So the basic age for voters in primaries is now 18.

The trouble arises from the last phrase of KRS 119.200(1). Taken on its face, the phrase is now meaningless and obsolete, because, since persons 18 years of age now can vote in the primary, there is no point in saying that certain 20-year-olds can vote. But if the language in the phrase is not construed literally, but rather as an expression of a policy that persons who will become of voting age before the regular election may vote in the primary if otherwise qualified, then the phrase still has meaning and effect, and as applied in the light of existing general election laws it means that a person (otherwise qualified) who is not yet 18 on the day of the primary, but will become 18 before the November election, may vote in the primary. This was the construction reached by tire circuit court.

As we view it, the question is whether the legislature, in using "twenty-one years of age,” can be considered to have attached any significance to the age 21 other than that it happened at the time to be the constitutional minimum age for voters in regular elections. We think the question must be answered in the negative. There is no reasonable basis for a conclusion that the legislature intended that persons who would become of voting age before the regular election could vote in the primary only so long as the regular election voting age remained at 21. Suppose the constitution had been amended to increase the minimum voting age to 24; surely no one would then contend that 20-year-olds could continue to vote in the primary, under this statute.

[867]*867In Ross v. County Board of Education, 196 Ky. 366, 244 S.W. 793, 795, this Court »said:

“ * * * this court has consistently ''held that in the construction of a statute the polestar by which the court must be guided is to ascertain and put into effect the legislative intention. To effect this purpose statutes are construed according to their meaning, rather than according to the letter, and oftentimes words in a statute are rejected when they are plainly useless and inappropriate, and have no relation to the subject-matter of the statute, and where it is plainly evident they were inserted by carelessness or inadvertence.
“Frequently words necessary to prevent a statute from resulting in an absurdity, and where they are plainly necessary to the legislative' meaning and have been left out of it by carelessness or inadvertence, are read into it.

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Bluebook (online)
323 S.W.2d 864, 1959 Ky. LEXIS 347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jefferson-county-board-of-election-commissioners-v-russell-kyctapp-1959.