Kentucky Revised Statutes

Ky. Rev. Stat. § 116.055 (2026)

Qualifications for voting in a primary

✓ current as of May 2026

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(1) Before a person shall be qualified to vote in a primary, he or she: (a) Shall possess all the qualifications required of voters in a regular election; (b) Shall have been a registered member of the party in whose primary he or she seeks to vote on December 31 immediately preceding the primary; and (c) Shall have remained continuously registered as a member of that party in whose primary he or she seeks to vote between December 31 immediately preceding the primary and the date set for the primary. (2) In the case of a new registration made after December 31 immediately preceding the primary, a voter shall have registered and remained continuously registered as a member of the party in whose primary he or she seeks to vote from the date of registration until the date set for the primary. (3) Any voter who withdraws his or her registration after December 31 immediately preceding the primary, and reregisters as a voter with a different party affiliation, during those periods that the registration books are open immediately preceding the primary, shall not be eligible to vote in the upcoming primary. (4) No person shall be allowed to vote for any party candidates or slates of candidates other than that of the party of which he or she is a registered member. (5) 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 seventeen (17) years of age who will become eighteen (18) years of age on or before the day of the regular election shall be entitled to vote in the primary if otherwise qualified. However, any registered voter, whether registered as a member of a party, political organization, political group, or as an independent, shall be qualified to vote in a primary for candidates listed in all nonpartisan races. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 112, sec. 1, effective June 27, 2019. -- Amended 2010 Ky. Acts ch. 176, sec. 1, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 129, sec. 2, effective July 15, 2008. -- Amended 1998 Ky. Acts ch. 243, sec. 1, effective April 1, 1998. -- Amended 1992 Ky. Acts ch. 288, sec. 34, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 48, sec. 5, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 341, sec. 22, effective July 15, 1988. -- Amended 1976 Ky. Acts ch. 54, sec. 20, effective March 10, 1976. -- Created 1974 Ky. Acts ch. 130, sec. 5, effective June 21, 1974.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 1977–2024 · leading case: Clingman v. Beaver, 544 U.S. 581 (2005).

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Clingman v. Beaver, 544 U.S. 581 (2005). · cites it 2× “§ 25-4502 (2000); Ky. Rev. Stat. Ann. § 116.055 (Lexis 2004); La.”

Richardson v. State Bd. of Elections, 697 F. Supp. 295 (E.D. Ky. 1988). · cites it 13× “§§ 2201 , 2202, requesting that this Court declare KRS 116.055 as null and void, of no effect and unconstitutional.”

Sims v. Atwell, 556 S.W.2d 929 (Ky. Ct. App. 1977). · cites it 2× “-025; KRS 116.055(1). However, the evidence in the record also establishes that each of the five voters was, in fact, a bona fide resident of Hart County who would have been entitled to vote in the primary election for county judge-executive if he or she had requested a transfer…”

Washington State Repub. Party v. Logan, 377 F. Supp. 2d 907 (W.D. Wash. 2005). “§ 25-3301 ; Ky.Rev.Stat. Ann. § 116.055; Me.Rev.Stat.”

Nirupama Kulkarni v. Dennis Horlander (Ky. 2024). · cites it 2× “155, any person who is qualified under the provisions of KRS 116.055 to vote in any primary for the candidates for nomination by the party at whose hands he or she seeks the nomination, shall have his or her name printed on the official ballot of his or her party for an office…”

Dennis Horlander v. Nirupama Kulkarni (Ky. Ct. App. 2024). “KRS 116.055. On January 17, 2024, the Kentucky Secretary of State certified Kulkarni as an election officer to be printed on the Democratic primary election ballots.”

— Ky. Rev. Stat. § 116.055(1) — 1 case

Sims v. Atwell, 556 S.W.2d 929 (Ky. Ct. App. 1977). “-025; KRS 116.055(1). However, the evidence in the record also establishes that each of the five voters was, in fact, a bona fide resident of Hart County who would have been entitled to vote in the primary election for county judge-executive if he or she had requested a transfer…”

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