Request By:
Mr. Cullen D. Mayfield
Hancock County Clerk
Hawesville, Kentucky 42348
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of June 24 in which you raise the following questions:
". . . Can a defeated candidate for Magistrate file a petition with the necessary signatures and run as an Independent candidate for County Judge, or any other office? As we have a candidate as nominee for both Democrat and Republican, can someone run as an Independent?"
A defeated candidate in the primary is prohibited, pursuant to KRS 118.345 (2), from having his name placed on the November ballot as a candidate for the same office for the nomination to which he was a candidate in the primary, except that if a vacancy occurs in the party nomination his name may be placed on the ballot for the regular election as a candidate of the party if he is made the party nominee after the vacancy occurs as provided in KRS 118.105.
Though the candidate in question cannot have his name placed on the November ballot for the office of magistrate, he is eligible to have his name placed on the ballot for any other office for which he can file an independent petition. Of course, it is too late for an independent to file for any county, district or state office after the primary since independents must file their petitions for such offices 55 days before the May primary. See KRS 118.365 (3). The defeated candidate could, if qualified, file for a municipal office as an independent not later than September 14, which is the deadline for filing for this type of office. See KRS 118.365 (4).