Request By:
Honorable Harold G. Slone
Attorney at Law
Suite 1502 First National Building
Lexington, Kentucky 40507
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of January 7 in which you relate the following facts and question:
"As you may or may not be aware, I represent the Fraternal Order of Police Lodge located in Lexington, Kentucky. The Fraternal Order of Police is composed of the police officers, the Fayette County Sheriff's Department, Fayette County Jail Personnel, other related law-enforcement agencies, and various businessmen who are associate members and who contribute dues annually to the organization. Membership in the Fraternal Order of Police Lodge is not a prerequisite to being an officer or being employed in a law-enforcement field in Lexington.
"I am aware that there are two (2) statutes, KRS 95.470 and 95.762, which prohibit police officers from actively campaigning in partisan political elections. I would like an opinion from your office as to whether or not the Fraternal Order of Police, Bluegrass Lodge No. 4, can as an entity, actively support and endorse various candidates for local, state, or national election. A prompt reply to this request would be sincerely appreciated."
There is no question but that members of the police department operating under KRS 95.470 would be prohibited from becoming a candidate for public office. See Louisville Lodge No.
6 Fraternal Order of Police v. Burton, Ky., 518 S.W.2d 777 (1975). However, the statutory prohibition found under KRS 95.470 is applicable only to individual members of the department and would not in our opinion apply to the organization referred to above.
On the other hand, if the Fraternal Order of Police is incorporated, it would be prohibited as a corporation from contributing, either directly or indirectly, any money, services or other things of value towards the nomination of any state, county, city, or district officer pursuant to KRS 121.025. We also refer you to KRS 121.035 prohibiting corporate contributions to political organizations and, of course, § 150 of the Constitution relating to this subject. As you know, these sections of the state Constitution and statutes would not affect federal elections since they have been pre-empted by the Federal Election Campaign Act.
If the referred organization is not incorporated, then there would be no prohibition except such reporting requirements that may be necessary under the Corrupt Practices Act, Ch. 121 KRS, which is administered by the Kentucky Registry of Election Finance.