Request By:
Mr. Homer F. Marcum
Editor & Publisher
The Martin Countian
Inez, Kentucky 41224
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of July 6 in which you raise the following questions:
1. Can a county court place legal advertisements in a county paper that any member of the court (specifically, the County Attorney) owns, or partially owns?
2. What size must sample ballots be printed in a newspaper? Can a paper increase the size of sample ballots and then charge for the additional space?
Our response to your initial question would be in the affirmative. Of course, KRS 61.210 and 61.220 prohibit members of the fiscal court, the county judge, and the county attorney from being interested in any claim against the county. See also McQuillin, Mun. Corps., Vol. 10, § 29.97, and the case of Commonwealth v. Withers, 266 Ky. 29, 98 S.W.2d 24 (1936). Chapter 424 KRS requires legal publications, as for example those of the county, to be published in a newspaper qualifying under said chapter. We have previously taken the position in a number of opinions that where a conflict of interest contract involved a legal publication in a particular newspaper qualifying under Ch. 424, such required publication would not violate a conflict of interest statute such as mentioned above. See OAG 73-88 and OAG 73-438 [copies enclosed]. Thus, if the fiscal court is legally required, pursuant to Ch. 424 KRS, to place the legal advertisement in the county paper in which a member of the court or the county attorney has a pecuniary interest, there would be no violation of KRS 61.210 and 61.220.
With respect to your second question, we are enclosing a copy of OAG 77-141 in which we point out that pursuant to KRS 424.160 (1) the cost of all newspaper advertising is to be computed on a solid 8-point measure. This, of course, does not mean that the ballot face could not be printed with a smaller or larger type, but does mean that the rate charged must be based on the rate for an 8-point type.
We also might call your attention to the fact that the so-called sample ballot that is required to be published pursuant to KRS 424.290 does not have to reflect the actual ballot or in other words be a facsimile of the ballot. For your information, we are enclosing a copy of KRS 424.290 and KRS 424.160.