Request By:
Honorable J. C. Menees
Fulton County Judge
Courthouse
Hickman, Kentucky 42050
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of March 9 in which you request an opinion concerning the following:
"I am a candidate for County Judge-Executive, having filed for re-election January 20. One of the men who signed my qualifying papers in the county court clerk's office, filed to run himself for magistrate approximately twenty days after he signed the papers for me. Would you please give me an opinion if either one of us would have to re-file due to the fact that we are both candidates, however, for different offices."
The fact that the individual signing your notification and declaration paper for the office of County Judge/Executive thereafter filed for the office of magistrate would in no way require either of you to refile.
The affidavit required for the filing of a candidate's notification and declaration paper in the primary pursuant to KRS 118.125 simply states that the elector executing said affidavit is a resident and qualified voter in a designated precinct, is personally acquainted with the candidate who, to the best of his knowledge and belief, possesses the qualifications to have his name placed on the primary ballot and to hold the office in question. As a matter of fact, you could also sign his notification and declaration paper without in any way affecting the legality of either filing paper.