Request By:
Honorable Robert R. Brown
Logan County Judge
Russellville, Kentucky 42276
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of April 9 in which you request an opinion concerning the following:
". . . Where there are only three Republicans running for county office, none of whom have opposition, would the Republicans be entitled to one half of all election officers in the May Primary."
Precinct election officers are selected pursuant to KRS 117.045, which provides in part as follows:
"(1) The county board of elections shall, not later than September 20 each year, appoint for each precinct in the county two (2) judges, one (1) clerk, and one (1) sheriff of election, who shall hold their offices for one (1) year and until their successors are appointed. They shall serve in all elections held in the county during the year." (Emphasis added).
The referred to statute further provides that the county executive committee of the two major political parties may submit lists of names to serve as election officers and, if such lists are submitted, the county board is required to appoint election officers representing each party on an equal basis so that the election officers of each precinct will be equally represented by said parties. These election officers, so selected as the above quote indicates, serve in all elections during their one year term, which includes the primary election. This means, of course, that each party should be equally represented in the May primary in each precinct regardless of whether or not there are any candidates of a particular party running in the primary.
You may recall that prior to 1972 election officers were appointed for each primary election and bona fide candidates could join on a percentage basis and select election officers, however, this statute [KRS 116.090] was repealed by the 1972 revision of the election law.