Request By:
Mrs. John S. Bacon
Republican Election Commissioner
R. No. 4
Hickman, Kentucky 42050
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
You request an opinion concerning the following:
"My husband will be a candidate for Magistrate on the November ballot, on the Republican ticket.
"Will I be allowed to serve as Election Commissioner during this election or must I take a 'leave of absence' during this one?"
As long as you yourself are not a candidate for public office at the November election, you may serve as an election commissioner even though your husband is a candidate. Referring to KRS 117.035(2), you will find the only qualifications or disqualifications as the case may be for serving on the county board of elections. They are as follows:
". . . The members [county board] shall be at least twenty-one (21) years of age, qualified voters in the county from which they are appointed, and not a candidate to be voted for at the elections. . . ."